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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-9/11/2007City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503- ~ 000 www. Colleyville. com ~:.;~~,r ~~ ~, r~:•.k;~ Meeting Agenda Tuesday, September 11, 2007 7:00 PM City Council Chambers Zoning Board of Adjustment ~~~~~~; City of Colleyville ~, Meeting Agenda 'rx.. Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, September 11, 2007 7:00 PM City Council Chambers 1. 2. CALL TO ORDER ROLL CALL Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky, Kevin Sams (Alternate 1) and Uton Dellosso (Alternate 2) 3. 4. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES August 14, 2007 5. TABLED AGENDA ITEMS 5a Case A-07-013 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence requirements on Lot 9, Block 1 of the Stafford Heights Addition located at 4600 Stafford Drive 5b Case A-07-017 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height in front setback requirements on Lot 1, Block 1 of the Markwood Addition located at 6214 L.D. Lockett Road 7. REPORTS AND COMMENTS 8. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 7, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 8/31/2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com ,' ,,. i,, ~ ~~~ r<< Minutes -Draft Tuesday, August 14, 2007 7:00 PM City Council Chambers Zoning Board of Adjustment ~:.~`"'~=`', City of Colleyville ~~!~+~`- ~"' Minutes -Draft ,~:,; Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, August 14, 2007 7:00 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on August 14, 2007 at 7:00 p.m. 2. ROLL CALL Present: Board members Dee McNosky, Ed Moore, Kevin Sams (Alternate 1) and Uton Dellosso (Alternate 2) Absent: Board members Lisa Kenney, Skip Reynolds, Rich Munson Staff Present: Ron Ruthven and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the July 12, 2007 meeting mintues as written. Board member Sams seconded. The motion carried by the following vote: Aye: 4 -Sams, Moore, Dellosso, McNosky Absent: 3 -Kenney, Reynolds, Munson 5. PUBLIC HEARING AGENDA ITEMS 5a Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height in front setback requirements on Lot 1, Block 1 of the Markwood Addition located at 6214 L.D. Lockett Road, Case A-07-017 Ron Ruthven presented the case and briefed the Board members. Board member Dellosso moved to table case A-07-017. Board member Sams seconded. Board member Dellosso noted that the application states the property is zoned R40, however, the property is zoned R30. Board member Moore stated he would appreciate if the applications City of Colleyville Page 1 Printed on 8/15/2007 Zoning Board of Adjustment Minutes -Draft August 14, 2007 were correct before submitting them to the Board for consideration. Ron Ruthven stated the application would be corrected before the next meeting. The motion carried by the following vote: Aye: 4 -Sams, Moore, Dellosso, McNosky Absent: 3 -Kenney, Reynolds, Munson 6. TABLED AGENDA ITEMS 6a Request for a variance from the regulations of the Colleyville Land Development Code regarding fence requirements on Lot 9, Block 1 of the Stafford Heights Addition located at 4600 Stafford Drive, Case A-07-013 Board member Moore moved to have case A-07-013 remain on the tabled items. Board member Sams seconded. The motion carried by the following vote: Aye: 4 -Sams, Moore, Dellosso, McNosky Absent: 3 -Kenney, Reynolds, Munson 7. REPORTS AND COMMENTS Ron Ruthven thanked the Board members for their participation in the meeting. Chairman McNosky stated she may not be at the September 11, 2007 meeting. Board member Sams stated he may not be at the September 11, 2007 meeting. 8. ADJOURNMENT The meeting adjourned at 7:17 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, August 9, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant Cify of Colleyville Page 2 Printed on 8/15/2007 Ldp_..f {~ ~~~~~-' ~'~ ~1~ ~~~y 0~ ~0~~eyV~~~e Colleyvile,Texas76034 ~`' (817) 503-1000 r<~..~ Agenda Brlefing www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 09/11/2007 Agenda No.: 5b Final Action: File Name: Case A-07-017 -Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height in front setback requirements on Lot 1, Block 1 of the Markwood Addition located at 6214 L.D. Lockett Road Attachments: Location and Zoning Map Application Survey Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 08/14/2007 Zoning Board of Adjustment 1 09/11/2007 Zoning Board of Adjustment Title Case A-07-017 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height in front setback requirements on Lot 1, Block 1 of the Markwood Addition located at 6214 L.D. Lockett Road Explanation Update This item was tabled at the previous Zoning Board of Adjustment meeting on August 14, 2007. Jimmy Labrecque is the applicant and property owner requesting a variance to build a 6-foot wrought iron fence with stone columns and an 8-foot wrought iron gate within the required front yard of the property along the side and front property lines. The proposed gate will be set back approximately 20-feet from the front property line. Section 3.26.D of the Land Development Code restricts the location and design of fences located in front yards. The regulations restrict the height of the fence to 30 inches, and the fence must be constructed of not more than 25% solid construction. The designated zoning of this property is R30-Single Family Residential and the established building line setbacks are as follows: Status: Board Tabled Items Controlling Body: Zoning Board of Adjustment City of Colleyville Page 1 Printed on 8/31/2007 Agenda Briefing Continued Front Yard: 35 ft. Side Yard: 10 ft. Rear Yard: 25 ft. The applicant is requesting the variance in order match his eastern neighbor's split rail fence and for security reasons. Public Notification. Staff mailed notices to 11 property owners within 200 feet of the site. As of this writing, staff has received no written response in acknowledgement of the variance request. Summary. Given the estate and rural nature of the large lots and homes in the area along with the shape of the applicant's lot, staff agrees that this request will not harm the character of the neighborhood nor will it adversely affect traffic safety by blocking any views of incoming or outgoing traffic into L.D. Lockett. Recommendation Approval City of Colleyville Page 2 Printed on 8/31/2007 Location and Zoning Map '1'ec~• S • h O ti O n • City of Colleyville 100 Main Street Colleyville, TX 76034 817.503.1050 ^ Zoning Change ^ Preliminary Plat Zoning Variance (ZBA) ^ Special Use Permit ^ Final Plat ^ Sign Variance (SBA) ^ Planned Unit Development ^ Minor Plat ^ Special Exception ^ Site & landscape Plan ^ Amended Plat ^ Interpretation Appeal Project Name: Lc~~Dfe,C t~U~ FQN~Ce ~+- ~0.~e Project Address (Location): ~2. ~~ ~-~ ~--.ock...2,~ Legal Description: __ Lo"T ~ I a ~ oc~L ~ t"~0.~f ~C.W c~n~ /'t ~ ~ t Tl o~ Proposed Number of Lots: Gross Acres: 2, 1 g g: ~~_ Proposed Zoning: ~~R- wf IIn ~ 3S ~~>,'at~9 Zxan~ Existin Zonin Existing Use: Proposed Use: Application Requirements: The applicant is required to submit sufficient Information that describes and justifies the proposal. See appropriate checldtst and fee schedule for minimum.requlrements. Incomplete applications will not be processed. Applicant: _ J ihntM~- ~~C'~C1~~1 ~ Company: Address: ~ 2, `~, L~ Loc,~tT Tel: g 1~ S~~ -OO~2Fax: City: ~ ~ V i, 2. State:~_ ZIP: ~7 6 ~~_Email: _s t w~.rnnu t al.1a U0. Yt00 . C:Ov-1 -r, • +,, 0 a O C ro C .~ 4 • v W V Applicant's Status: (check one) Il~wner ^ Representative ^ Tenant ^ Prospective Buyer Property Owner: ,~ O.V~n ~ Company: Address: Tei: Fax: City: State: ZIP: Email: Ownership Status: (check one) li~ndividual ^ Trust ^ Partnership ^ Corporation SIGNATURE OF APPLICANT (SIGN AND P TOR TYPE NAME) ~7 q -2 SIGNATURE: Date: T -~ / r O T SIGNATURE O ROPERTY OW (SIGN AND PRINT OR TYPE NAME) SIGNATURE:_~_1~MtM~ Lot,~~(2.Gg ~J.L (Leifer of authorization requir if signature is other than property owner) The property owner must sign the application or submit a notarized I~t>~Gfihu~~~oQ 0 v O JU1. 2 ~ 2017 Rev: 02/07 For Depart/„m- ental t/se Only Case #: /1 ' ~- ' 1'L ~~bv Total Fee(sJ: Receipt #: I ;J~v~{ 1 Date Submitted: Z~ V l Accepted By: Public Hearing Date: ~ ( V't Community Development Services Application cur o, City of Colleyvill ® ZONING BOARD OF ADJUSTMENT - 100MainStfee APPLICATION CHECKLIST ~ll~si~. os os~ Te=~s ~ •~ • Please answer the following questions as completely as possible. Failure to outline fully the situation by answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary. Have you applied for a building permit? ^ Yes ^ No !U ~ A Have you filed an appeal or petition on this property before? ~(No ^ Yes _ ~ C 1. Completely describe the variance you are requesting. ~ y ti~~~ a~ ~o t~ e-y~Cn-- t r oh - ` t ~ ~l n~c. r,,J~ S tom. cd~~ v~,.v~ ~ 7 ~ w i~h. it ~"1~. 3 S ~ ~~t,~c+tia ~ ~ Y1C.R. 1 ~r~st 1,J l'v~ 'M T Yl2,~a`nYS< ~ eh,G2 ~ i+u. Mca,CG~ ~~ _ ~~ ~ E s~~ 2. Do similar conditions exist in the area? Explain. ~e.~ /l/e,to~h 6o r ~ ~ ~er1rA. ~ s ~,) n.e..asnn ~ wa~n~ ~~ ~r-a~ LD ~ock.e~ ~..~ r~ ~r u,s~'1~~~c _ _ ~~cl~.l V Q.rX.IS ~ hr` C~ 11e~- ~(1k~ ~ !o~ Fa~c 3. Describe how~e uniqu~ coenditQ ns or circu s nce o no~t~result fro your actions. / V ~.\Q~ \ P o { a S ~Q..hC.tt_ ~~, ~ 2SLV'\ ~'~,f 2. ~Q f {.0.V\ V Y Q~I f.S 4. Is there any way to do what you want without this request? ~ ©~,,~CiH ~ ~~y @ ZI ,~row~ ~ ~~~ D~;v-c:~. it e~~tit ~~ (s: Fro-~+~ f a 6 The. r~s~ w~ waK Ta.C~ r n l VR,~tcl~. ~y~d ~ YOtI Cnrrv~vte_ W 1~n ~ 0y~ CIUF D~aF~I~ w~1i c,~ _ tt uru.t~ w w1l~e /'v , U V t S rink s s~`c w. Acknowledgments 1 certify that the above information is correct and complete to the best of my knowledge and ability and that I am now or will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing. I understand that in the event that I am not present or represented at the public hearing, the Board shall have the power to dismiss this proposal either at the call of the case or after the hearing, and that such dismissal shall constitute a denial. I reserve the right to withdraw this proposal at any time upon written request filed with the Community Development Department, and such withdrawal shall immediately stop all proceedings. I understand the filing fee is not refundable upon withdrawal of the proposal after public notice. I understand that if the request is approved, I must obtain a building permit from the City before any work is started on the property, and that the Zoning Board of Adjustment action does not constitute the approval of a building permit. Applicant's Initials ~ Date ~ ` 1 q -d ~' 9YE `~ $t 6 [~ ~ a $ a !!!~ ~~~g~ ~~ C ] ~ Ri .q~~~y ~~ { ~ 6 a R ~~ R ~~ ax$~~~~~ ~~5~~~~~ s 5as€;~~~~8 RF4~~~~ Ai y~yA 6y ~; 8t ~ ~ 9 ~ ~ A ~ ~ '~3i~'~itt v, 3;~~~re~ ° o G ~~° 3 ~Dp y~E~ ~ ~ ~ ~ ,7~ °~ ~ ~ ~ kl a j ~ ° FF;j~i~~~ ~ `)} ~ 8 .. ~~ ~~ ~ , ~a a ~~ "~ n ~7~~~~4! ~ s ~ Wbi ~ _ w ~~' ~o"pvp °i5 R a - ~ ~pp. a R § ~ ? ~ ~~ ~~p~ ~a ld ii~~~ t¢ f( a ~~~i ~ ~ ~ a~~ ~~~ ~~ ~~ ~~ r, _..; uY s ~ .. 1 ,: - --- C~ f Clt of Colle~/V~~~@ 100 Main Street ~~~~ J J Colleyville, Texas 76034 (817) 503-1000 ~~~~~~ Agenda Briefing www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 09/11/2007 Agenda No.: 5a Final Action: File Name: Case A-07-013 -Request for a variance from the regulations of the Colleyville Land Development Code regarding fence requirements on Lot 9, Block 1 of the Stafford Heights Addition located at 4600 Stafford Drive Attachments: Location and Zoning Map Application Fence Diagram History of Legislative File Version: Date: Acting Body: Action Text: 1 07/12/2007 Zoning Board of Adjustment 1 08!14/2007 Zoning Board of Adjustment 1 09/11/2007 Zoning Board of Adjustment Title Case A-07-013 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence requirements on Lot 9, Block 1 of the Stafford Heights Addition located at 4600 Stafford Drive Explanation Update This item was tabled at the previous Zoning Board of Adjustment meeting on August 14, 2007. This item was tabled at the previous Zoning Board of Adjustment meeting on July 12, 2007. The following questions were asked by the Board at the previous meeting: (1) Is the mail box for this property legal? The fence around the mailbox is not allowed and is currently being handled by Code Enforcement as aright-of--way encroachment issue. However, mailboxes are allowed to locate across the street from the address that they serve and all mailboxes on Stafford Drive are located on the east side of the street. Status: Board Tabled Items Controlling Body: Zoning Board of Adjustment City of Colleyville Page 1 Printed on 8/31/2007 Agenda Briefing Continued (2) Was the lighting on the property permitted and does it meet code? There are no specific permits for lighting on single family properties. Lighting must not create a nuisance by shining directly on someone else's property. The lighting of this property appears to meet code. (3) What is the height of the fence and the front gate? 8 feet at its highest point. Otherwise between 6 and 7 feet. (4) How far is the fence from the street? Does the gate comply with traffic regulations? The fence is approximately 77 feet from the street and does not appear to encroach onto Stafford Drive right-of-way. Although the gate complies with traffic regulations, an average size automobile would block part of Stafford Drive while waiting for the gate to open. Brent Wall with Metro Code Analysis, representing property owners Ron and Kathy Sturgeon, is requesting a variance on the residential lot located at 4600 Stafford Drive. The applicants are requesting a variance to allow an existing 8-foot wrought iron and masonry column perimeter fence to remain on the property. There is an existing 8-foot wrought iron and masonry column perimeter fence located along the property line of the lot. The existing fence was constructed without staff review and without approval of a fence permit. Section 3.26.D of the Land Development Code restricts the location and design of fences located in front yards. The regulations restrict the height of the fence to 30 inches, and the fence must be constructed of not more than 25% solid construction. The designated zoning of this property is R40 and the established building line setbacks are as follows: Front Yard: 40 ft. Side Yard: 15 ft. Rear Yard: 25 ft. The applicant did not specify any unique conditions or circumstances on the variance request application submitted. Public Notification. Staff mailed notices to 9 property owners within 200 feet of the site. As of this writing, staff has received no written response in acknowledgement of the variance request. Summary. Staff recognizes that the proposed fence does not pose a public safety threat and that there are other perimeter fences located along the southern portion of Stafford Drive. Staff also notes that the fence has already been installed without first obtaining a fence permit. Staff suggests, however, that the gates be moved back at distance that would to allow a large vehicle not block any part of Stafford drive while waiting for the gate to open. Recommendation Approval; with the condition that a fence permit be required and the associated fees (e.g. double permit fees for installing the fence prior to obtaining an approved fence permit) be City of Colleyville Page 2 Printed on 8/31/2007 Agenda Briefing Continued paid prior to approval of the fence permit and that the gates be moved back a minimum of 10 feet from the front property line in order to allow a car to safely queue without blocking any part of Stafford Drive. City of Colleyville Page 3 Printed on 8/31/2007 Location and Zoning Map R-20 AG 1304 1308 1317 RD. 305 1309 1313 1304 1308 -,~.., on 1312 1305 1309' R-20 46'?P `4513 i 4b0; l i i 46Ck~ Site cn asn3 ~ 45a1 R~0 ~~ R-40 ~ 4 00 I aSCr? 4500 I 1500 451E ~o 461 4hi~ ~ 45C19 4505 ~ 45C0 I 4h01 R -~ 0 46i 4~;~ 4601 1 Ep] 1500 -` 1809 R r.0 C~~Y o/ Tezas U ~i 3 h O ,y M h Company: ~~~ IS Address: .1, ~0_',)l.l.~~J~~~~~tJl~~~"Tel: U /.~~~Fax: ,~_3-c~' 33 City: i'i~~~" ~b\ `~C`~ l State ZIP: ~ l~ ~ Email: ~W 0.`~ (RCS r Uf~2 -~ Applicant's Status: (check one) ^ Owner C~ Representative ^ Tenant ^ Prospective Buyer 0 d 4 z C ~C C 4 City of Colleyville 100 Main Street Colleyvillq TX 76034 817.503.1050 Community Development Services Application ^ Zoning Change ^ Preliminary Plat Ip Loning Variance (ZBA) ^ Special Use Permit ^ Fnal Plat ^ Sign Variance (SBA) ^ Planned Unit Development ^ Minor Plat ^ Special Exception ^ Site & Landscape Plan ^ Amended Plat ^ Interpretation Appeal Project Name: Project Address (Location): Legal Description: Proposed Number of Lots: t~'f i Gross Acres: Existing Zoning: tom. `'KJ Proposed Zoning: _ Existing Use: ~~ Proposed Use: Property Owner: ~h[~~1 J~~~~~ Company: Address: ~ 70 7 ~ tP~ , f4~ ~2 Tel: d~ 7 9LJ ~ 5~Z ~~ Fnax: ~~ ~~~f~77 City: r State. ZIP: ~~~ Email: ~D1`)~C~~-f~^)VF-~~r Ownership Status: (check o~re)~~dividual ^ Trust ^ Partnership ^ Corporation SIGNATURE OF APPLICANT (SIGN AND PRINT OR TYPE NAME) SIGNATURE: C~ V v _ Date: ~ ~~ SIGNATURE OF P OPERTY OW R (SIGN AND PRIM OR TYPE NAME) ,~-,4-1~ : s~Q G~J SIGNATURE: i, _ ~~~ f~ic2~ (Leifer of authorization repo End if signature is other than property owner ~c^ IVED The property owner must sign the application or submit a notarized letter f uthorization. MAY 2 5 2007 W~ -t For DepartmenMl Use Only Case #: Total Feels): Receipt #: Oate Submitted: Accepted By: Public Hearing Date: ;Per ..........ems: 02~0~ Application Requirements: The applicant is required to submit sufficient information that describes and justifies the proposal. See appropriate checklist and fee schedule for minimum requirements. Incomplete applicoHons will not be processed. a+~r o~ City of Colleyvil ® VARIANCE OR APPEAL APPLICATION 100 Main Stre Colleyville TX 760: CHECKLIST s17.so3.lo~ re:•• ~ •' • Please answer the following questions as completely as possible. Failure to outline fully the situation by answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary. Have you applied for a building permit? Yes ^ No Have you filed an appeal or petition on this property before? ~No ^ Yes 1. Completely describe the variance you are requesting. ~~~1~~~1~~ln~d,/~ ~~ /'i1~N j'~ ~ `~~~~ iii ~.~- .,(iyi~ ,~ i 7~2- ,ems Gf iG ~ ~ L.C,-- ~ l~ 2. Do similar conditions exist in the area? Explain. ~~~ TT~~~ ~~ a~''ba~ L ~ .ors T~ lS~t~ ~~ /'~,~-,~~ --- 3. Describe how the unique conditions or circumstances do not result from your actions. 4. Is there any way to do what you want without this request? J(~p~~~ '~i~f~~ ~,~ ~?'~%~ ~,~"' ' ,~ ,~i~~.v'~ ~a ~~r~ i~d Tea,-- ~~~~.~ ~~~r' ~~ Acknowledgments certify that the above information is correct and complete to the best of my knowledge and ability and that I am now or will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing. I understand that in the event that I am not present or represented at the public hearing, the Board shall have the power to .dismiss this proposal either at the call of the case or after the hearing, and that such dismissal shall constitute a denial. I reserve the right to withdraw this proposal at any time upon written request filed with the Community Development Department, and such withdrawal shall immediately stop all proceedings. I understand the filing fee is not refundable upon withdrawal of the proposal after public notice. 1 understand that if the request is approved, I must obtain a building permit from the City before any work is started on the property, and that the Board's action does not constitu the approval of a building permit. Applicant's Initials ~ Date ~ i - ~ i ~F -, ._. _ t...... _ ! '~ 7 x~ ; -:: !~~ ~J ,. - #.r '~~ i _~ ~ _~ _.o- 7 _ t z,_ '- r~ ~ ~ .. _.~ ,. p =4 F[ ,1 ,~ F ~ t ~' ~ < < G :. ~. ~ ~ i ~ (" ~ ~ ~~ _.~ t ~ ~ ~ ~ , ~. ~ ' ~ ~ a , ~ T ,~_ ~r ~~, ~~ t B ~i I ,~ ~ ~ T r~E ~3 C„,~ ~ 8 ~ ~- ' a ~~ ~ r i ` ~ ` ~~ ~ ~ ~ ~ y ,~ ~ 4 f l~~i ~. E ~~ ; f ~: 1 Z ~' _ ~ h- , } . ~ `f 7 ~k ~~ ¢ .. ~ i ~ 3 ~~ ~ 3 !~ ~ 5 f - ~~.~oi .~. F a ~ ~_. .~. $k , ~ ' ~. 3(t ~, S f' ~{ ~'se .,~,,,~ .~} + 4` ~. .~ , e~+,» ~'~ f_'~ {'- ~" 4.. .. ~. U v ~ ~ O U r }' ^,L O .- ., ,y , . ~ .., ~, , . ;