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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-10/9/2007"" "' City of Colleyville Colleyv0'~IIe, Texas 76034 ~^~~-s-~''' ,~~ (817) 503-1000 `:;r~ ~~' Meeting Agenda www.colleyville.com Zoning Board of Adjustment Tuesday, October 9, 2007 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky, Kevin Sams (Alternate 1) and Uton Dellosso (Alternate 2) 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES September 11, 2007 5. RECOGNITION OF OUTGOING MEMBERS Dee McNosky, Place 4 Ed Moore, Place 5 Kevin Sams, Alternate 1 6. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBERS Dee McNosky, Place 4 Ed Moore, Place 5 Kevin Sams, Alternate 1 7. ELECTION OF OFFICERS Chairman Vice Chairman Recording Secretary 8. AGENDA ITEMS 8a Case A-07-018 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height and front setback requirements on Lot 4R1, Block 1 of the Pleasant Oak Estates Addition located at 608 Beverly Drive 8b Case A-07-019 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height and front setback requirements on Lot 4R2, Block 1 of the Pleasant Oak Estates Addition located at 612 Beverly Drive City of Colleyville Page 1 Printed on 10/4/2007 Zoning Board of Adjustment Meeting Agenda October 9, 2007 9. TABLED AGENDA ITEMS 9a 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 10. REPORTS AND COMMENTS 11. ADJOURNMENT I hereby(~rtify the ab~fe agenda was posted on the bulletin boards at City Hall on Friday, October 5, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 10/4/2007 City of Colleyville 900 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com x`,111' 1 .t~:.,.~ t; Tr±tit Minutes -Draft Tuesday, September 11, 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, September 11, 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 Munson on September 11, 2007 at 7:00 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Ed Moore, Rich Munson and Uton Dellosso (Alternate 2) Absent: Board members Skip Reynolds, Dee McNosky and Kevin Sams (Alternate 1) Staff Present: Kallas 3. 4. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Ron Ruthven, Amy Shelley and City Attorney Michael Board member Moore moved to approve the August 14, 2007 meeting minutes as written. Board member Dellosso seconded. The motion carried by the following vote: Aye: 4 -Kenney, Munson, Moore, Dellosso Absent: 3 -Sams, Reynolds, McNosky 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 Board member Moore moved to remove this item from the table. Board member Kenney seconded. The motion carried by the following vote: Aye: 4 -Kenney, Munson, Moore, Dellosso Absent: 3 -Sams, Reynolds, McNosky City of Colleyville Page 1 Printed on 10/2/2007 Zoning Board of Adjustment Minutes -Draft September 11, 2007 Ron Ruthven presented the update and briefed the Board members. Ron Sturgeon, the applicant, came forward to answer any questions the Board members had and requested that his request be continued until five voting members are present. Board member Dellosso suggested that the neighbors who are in favor of the request submit letters to the City in case they are not able to attend the next meeting. Board member Kenney moved to table case A-07-013 until the next meeting. Board member Moore seconded. Board member Dellosso suggested Mr. Sturgeon to visit with staff regarding the placement of the gate to be 10 feet off of the street. The motion carried by the following vote: Aye: 4 -Kenney, Munson, Moore, Dellosso Absent: 3 -Sams, Reynolds, McNosky 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 Ron Ruthven presented the case and briefed the Board members. Jimmy Labreque, the applicant, came forward to answer any questions the Board had. Board member Munson questioned Mr. Labreque regarding what is the 21 foot dimension on the drawing? Mr. Labreque replied that is the distance between the edge of the road and the proposed fence. Board member Munson questioned Mr. Labreque regarding where is the property line relative to the edge of the road? Ron Ruthven replied the depiction of 21 feet is close to what is shown on the drawing. Board member Dellosso questioned staff regarding how much of a variance is being requested? Mr. Labreque replied the variance request is to build a six foot fence instead of a 30 inch fence. Board member Munson stated the fence appears to be on the property line. Ron Ruthven concurred, the variance is to the actual height of the fence along the front property line beyond the 40 foot front setback. City of Colleyville Page 2 Printed on 10/2/2007 Zoning Board of Adjustment Minutes -Draft September 11, 2007 Board member Munson questioned Mr. Labreque regarding is there about 25 feet from the actual property line to where the proposed gate will be constructed? Mr. Labreque replied yes, the driveway is curved so therefore the dimensions reflect the curve. Board member Munson questioned Mr. Labreque regarding what is the purpose of that setback? Mr. Labreque replied the purpose of that setback is to allow for vehicles to have enough room to be out of the traffic between the gate and the road. Mr. Labreque stated his neighbor to the east already has a six foot fence and he wants to line his fence with the neighbor. There being no one wishing to speak, the public hearing was closed at 7:24 p.m. Board member Moore stated the application states the property is zoned R40, however, the property is zoned R30. Ron Ruthven replied the correction had been made. Board member Munson explained to the applicant regarding the absence of the members and the option to come back next month when the could be five voting members. Mr. Labreque replied he would like a favorable vote tonight as this is the second month that his request has been brought forward. Board member Moore questioned City Attorney Kallas regarding if there could be a straw vote? City Attorney Kallas replied no, it would need to be motioned, seconded and then a vote. He stated there is nothing that prohibits each individual member for expressing their support or lack of support for the case. Board member Kenney questioned Mr. Labreque regarding what are the materials to be used for the proposed fence? Mr. Labreque replied on iron fence with brick columns. Board member Moore stated he would support this variance. Board member Kenney moved to approve case A-07-017. Board member Moore seconded. City Attorney Kallas explained to the Board the necessary elements to have a legal variance. He stated there may not be enough evidence presented on this particular case to grant the variance request. He stated the condition for which a variance is sought or causes the need for it, must be something unique to the property. Some examples may be a misshaped lot, and something that is inherent to the property itself, City of Colleyville Page 3 Printed on 10/2/2007 Zoning Board of Adjustment Minutes -Draft September 11, 2007 not inherent to structures that have been placed on the property or proposed to be placed. He stated another element that has not been discussed is that the variance can not be something that is shared generally with the neighbors. It seems in this case, the need for the reduced fence is not something inherent with the property or creates the need and if there is something about the property that is also shared with everyone else that is up and down the street. He stated not sure if there is any evidence of those two elements in the record that would support an approval of this variance request. He encouraged the Board to discuss and see if those two elements are present to support the variance request. Board member Dellosso stated the shape of the lot is one of the hardships being considered that creates the unique opportunity for this applicant. He stated Mr. Labreque is working within the intent of the Land Development Code states by keeping the actual gate into the property another 20 feet or so from where the main fence is proposed. He stated Mr. Labreque is showing some flexibility, therefore he stated the Board needs to show some flexibility as well. City Attorney Kallas stated something must be inherent with the property in that inherent condition prevents adherence to the zoning requirement that is being asked for relief. He stated there is nothing about the shape of the property that would prevent the applicant from complying with the current regulations. Board member Kenney questioned City Attorney Kallas if there could be some examples of what would be unique characteristics that would mandate a six foot fence instead of a 30 inch fence. City Attorney Kallas replied unique circumstances, not knowing any at that time that would show that. He stated if there were a depression in the land itself that would require a higher fence something about topographical feature that would necessitate some sort of height increase, however, in this case, it seems to be similar to everyone else along the road. He stated if that were the case, then City Council would have to amend the regulations to allow a six foot fence and to not ask for a variance from the regulations. Board member Munson stated there are a number of trees that would be affected by moving the fence to a different location. He stated he would like to see those trees preserved. He stated putting the fence along the property line would allow those trees to be preserved. Board member Kenney questioned Mr. Labreque if he has any animals that would jump a 30 inch fence but could not jump over a six foot fence? Mr. Labreque stated he has a dog. Board member Moore questioned Mr. Labreque regarding how far from the house is the proposed gate? Mr. Labreque replied about 300 feet. City of Colleyville Page 4 Printed on 10/2/2007 Zoning Board of Adjustment Minutes -Draft September 11, 2007 Board member Moore questioned Mr. Labreque if he has any small children? Mr. Labreque replied they have a child due in early November. Mr. Labreque stated the main reason for wanting to build a six foot fence is for safety. He states occasionally there are unwanted people who come to his property and for the safety of his family, he would like the six foot fence instead of a 30 inch fence. Board member Munson stated there is a nature of the other fences being on the property line up and down the street and by moving the fence to the building setback would create a safety issue. Board member Kenney stated being in favor of this request. She stated there other variance requests for fence height and many times the requests are for aesthetic reasons. She suggested that the City Council amend the regulations. Board member Munson stated there is a need to preserve the trees and the safety issues for the applicant. Board member Kenney restated her motion to approve case A-07-017 and stated there is a safety concern for this request. Board member Moore seconded. The motion carried by the following vote: Aye: 4 -Kenney, Munson, Moore, Dellosso Absent: 3 -Sams, Reynolds, McNosky 7. REPORTS AND COMMENTS Board member Dellosso stated there are some valid points and should be brought forward to City Council to amend the regulations. Board member Munson concurred and stated the R30 zoning has restrictions. City Attorney Kallas stated if there is a continued request for variances, the City Council may well indeed take up the issue. He stated the burden is on the applicant to provide the evidence necessary to warrant the Board to grant the request. He stated it is not the Boards responsibility to seek the evidence to grant the variance request. He stated it should be a rare thing for a variance to be granted because the regulations are so strict. He stated the City Council has approved those regulations which are so strict. Board member Dellosso stated he understood,however, he thinks at times, what should be done is what is right. City of Colleyville Page 5 Printed on 10/2/2007 Zoning Board of Adjustment Minutes -Draft September 11, 2007 Board member Kenney stated the application may not show the applicant that they are to present the evidence. Board member Munson concurred and stated he offers suggestions to the applicants. He stated the applicants that come before the Board are not aware of the procedure. City Attorney Kallas explained the role of Council as well as the role of the Board to make the best case for the Boards decision and he stated he is happy to answer any questions. Board member Moore stated all who pass out the applications need to explain the procedure to the applicants. Board member Kenney stated the information needs to be contained in the application for the applicant to read and understand. She stated the City Attorney can help with the language for the application. 8. ADJOURNMENT The meeting adjourned at 7:48 p.m. 1 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 6 Printed on 10/2/2007 ,~ , ,;,~ ~- ~~- ~ City Of CO~~e~/V~~~@ Colley~leaTexas76034 ~,,,,~~ ~ (817) 503-1000 ,;~~~~ Agenda BI'I@fltlg www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 10/09/2007 Agenda No.: Sa Status: Board Public Hearing Controlling Body: Zoning Board of Adjustment Final Action: File Name: Case A-07-018 -Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height and front setback requirements on Lot 4R, Block 1 of the Pleasant Oak Estates Addition located at 608 Beverly Drive Attachments: Location and Zoning Map Application Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 10/09/2007 Zoning Board of Adjustment Title Case A-07-018 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height and front setback requirements on Lot 4R, Block 1 of the Pleasant Oak Estates Addition located at 608 Beverly Drive Explanation Tim Edwards is the applicant and property owner requesting a variance to build a 4-foot high split wood-rail fence with 4.5-foot high stone columns and two 7-foot high wrought iron gates within the required front yard of the property along the side and front property lines. The proposed gates will be set back approximately 5-feet from the front property line, which would result in the gates being approximately 25 feet from the pavement edge of the street. 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-Single Family Residential and the established building line setbacks are as follows: Front Yard: 40 ft. Side Yard: 15 ft. Rear Yard: 25 ft. The applicant is requesting the variance in order match his eastern neighbor's proposed City of Colleyville Page 1 Printed on 10/3/2007 Agenda eriefing Continued split wood-rail fence (Case A-07-019, also on the agenda) and to keep his young children contained in the front yard away from traffic on Beverly Drive. Public Notification. Staff mailed notices to 12 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 agrees that, given the large lots and prevalence of similar front yard fence encroachments in the neighborhood, the request is not out of character with the area. The proposed location of the gates will allow enough space for a vehicle to queue without blocking traffic on Beverly Drive. Recommendation Approval City of Colleyville Page 2 Printed on 10/3/2007 Location and Zoning Map • 6001 80 9 8GG1 F9~ GC11 - '01 7G5 809 8G5 Site 5~ 9e 5912 5911 5u01 590E 508 512 b00 6G8 612 7G4 '0;7 GGO 5964 R40 AG 5oa oos .1 9GI ~ 5171 509 F~93I r01 r~C15 ~FC1'-! ;a1 i05 I70g +1? 8Ct1 ~,05I 580 m ~~~ ~ .: ~~ae:: ,~,r7:'' ~so9 j FG4 5081 512 BGG U08 6'1 r ., ::~ ,~" 70~ ~ 704" ~n~ 57aa 9 ~~~ ~ CI 1 , - - ~ 7 / ~ rGG a~ ~ x 717,1 " ~7a~ x ~v ~~ ~ -; ~ ~ - ~ F7o5 j ~ I_I Q , , ~ ~~, , . ~ n. #'. ! <: 7G3 Fay 593 r~G9 t7 09 ti13 ~ °axr w~ ~~~~`~' ~Ci`5 4'~ Q~ a91; .. E -~ ,~ ~ ~ .. ` <; ~X ~ I ~ .. ~a ~~ ,. oa aa ~ 5609. ~o~ .50 . :50~ ~~;~ z~, ,aa ~. a ~ ~,_ aQ1a, a~ ~ ~ s f E~ 3 • ~., e U~r or Tri~M Community Development Services Application City of Colleyville 100 Main Street Colleyville, TX 76034 817.503.1050 ^ Zoning Change ^ Preliminary Plat ~ Zoning Variance (ZBA) ^ Special Use Permit ^ Fnal Plat ~ ^ Sign Variance (SBA) ^ Planned Unit Development ^ Minor Plat ^ Specia! Exception ^ Site & Landscape Plan ^ Amended Plat ^ Interpretation Appeal Project Name: 1~5 ~ ~ d~~K-~" Project Address (location): ~ ~~ ~U~~l~ Ot~i L~- legal Description: Lnl• ~l~ ' yak ~ P~43WIrvT 4410 rl~i C°//~Yy~I~iG` T~'4S Proposed Number of Lots: i/ Gross Acres: ~• 3 Existing Zoning: ~ a Proposed Zoning: ~fi4 1` ~ y~ Existing Use: f~[~A -~-~~ Proposed Use: /V ~ ~"'~ ADDNCOtloft ReCUlreRt@flt3: The applicant is required to submit sufficient information that describes and justifies the proposal. See appropriate checl~st and fee schedule for minimum requhsments. Incomplete oppllcations wilt not be processed. Applicant: ~t M ~Ol~~gtZ'C~5 Company: /~~_ `~, 97Z~S81, 3~1 ~ -301 Address: ~~ t/~~~-Y ~17~• Tel: '~/"Z-~$ ~'~3Fax:~'t2- S'Si City: ~~U. l~E Stater ZIP: ~ Email: ?iwt. E~~~ ~ F~IO~N~~~~Mtir-t . ~~,. g~ E G .~ r • v ti V V ~. u Applicant's Status: (cheat one) ~wner O Representative ^ Tenant ^ Prospective Buyer Property Owner: ~t M ~17u-~~s Company: /K~' Address: [70~ (1/'~~i~~ ~ Tel: ~7'y`'r8'~3~3 Fax: City: Go~lE~yi lf~ State:~X ZIP: ~6~3y Email ~~'~ t° ~ Ownership Status: check one) Individual ^ Trust ^ Partnership ^ Corporation SIGNATURE OF APPLICANT (SIGN AND PR R TYPE NAME) r SIGNATURE: -Date: ~~~~ SIGNATURE OF PROPERTY OWNER (SIG D P INT OR TYPE NAME) SIGNATURE (Letter of authorization required if signature is other than property owner) The property owner must dgn the application or suhmit a notarized letter of authorization. kev: Ct2/U7 for pepartmerrtal Use Only Case p: ~'~ "~ O Total Feelsl: ~` Receipt #: '~~ Date Submitted: ` Accepted ay: _ Pubic Hearing Dote: ~ ` ~~~ . ~~~ City of Colleyville 100 Main Street ® ZONING BOARD OF ADJUSTMENT Colleyville rX 76034 APPLICATION CHECKLIST s17.so3.loso Teia~ 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? Q~No ^ Yes 1. Completely describe the variance you are requesting. ____ ._5~~ ._. ~_xf_f!_~.~`r~ ~ - -- --- -..-_. __ _ .. 2. Do similar conditions exist in the area? F~cplain. -..____~~>~ __ ~G#~_1 iv T..~.. _ .. ...... _ _ .. _ _ . 3. Describe how the unique conditions or circumstances do not result from your actions. _ .--- _. _ _ __. __ . __...__~ .. ~r~ir~~Ta.__ . ... _. _ __ _._. _ 4. Is there any way to do what you want without this request? Acknowledgments 1 certify that the above information is correct and complete to the best of my knowledge and ability and that 1 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. 1 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. f understand the filing fee is not refundable upon withdrawal of the proposal after public notice. 1 understand that if the request is approved, 1 must obtain a building permit from the City before any work is started on the property, and that the Zonin Board of Adjustment action does not constitute the approval of a building permit. Applicant's Initials Date g ~ 2~~7 EXHIBIT A 1. The variance requested herein will result in an extension of the wood rail fencing currently around the perimeter of 608 Beverly Drive. The fenang wilt be located as indicated on the attached Plot Plan. The fenang will be approximately 48 inches in height. The fence tine will be interspersed with 24 inch by 24 inch stone columns which are approximately 54 inches in height, made of the same stone of the house, which are located as indicated on the attached Plot Plan. There will also be two wrought iron/ wooden electric gates across the driveway. 2. Similar conditions do east on Beverly Drive. There are 6 lots on Beverly Drive with fences located in approximately the same location. Additionally, both 608 and 612 Beverly Drive had fences in approximately the same location prior to the construction of the homes currently located there. 3. The unique conditions warranting this variance result from the opening and utilization of the new Colleyville Elementary School. The opening of the new school has dramatically increased traffic on Beverly Drive which is a relatively narrow street. Approval of the variance requested herein and construction of the fencing/gate will substantially mitigate this condition resulting in a safer #ront yard for our two young children. Additionally, the fenanglgate will create an estate presence for 608 Beverly Drive which is similar to other homes in the area. 4. It is not possible to build the fenanglgate requested without approval of this variance. ANEW RESIDENCE FOR: EownROs ~y~~3~b ~z o~° r '~ ~om01• a r ii- b .~x°"~ ~r~x i Z ~~~o Y Y ~ ~llpl~l~ 62000[-[.EYVILLE,E BTEXW. ~ 100 Officc:81I-329-8655 608 BEVERLY i"~ COLLEWILLE. TX. 76034 - S 151.07' _~ ;t~_or ` 4~ _-- - ~ <,~~+ r:~.~ J City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Board Public Hearing Version: 1 Requester: Community Development Department Agenda Date: 10/09/2007 Agenda No.: 8b Controlling Body: Zoning Board of Adjustment Final Action: File Name: Case A-07-019 -Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height and front setback requirements on Lot 4R2, Block 1 of the Pleasant Oak Estates Addition located at 612 Beverly Drive Attachments: Location and Zoning Map Application Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 10/09/2007 Zoning Board of Adjustment Title Case A-07-019 - Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height and front setback requirements on Lot 4R2, Block 1 of the Pleasant Oak Estates Addition located at 612 Beverly Drive Explanation David Cleff is the applicant and property owner requesting a variance to build a 4-foot high split wood-rail fence with 4.5-foot high stone columns and one 7-foot high 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 5-feet from the front property line, which would result in the gate being approximately 25 feet from the pavement edge of the street. 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-Single Family Residential and the established building line setbacks are as follows: Front Yard: 40 ft. Side Yard: 15 ft. Rear Yard: 25 ft. The applicant is requesting the variance in order match his western neighbor's proposed City of Colleyville Page 1 Printed on 10/3/2007 Agenda Briefing Continued split wood-rail fence (Case A-07-018, also on the agenda) and to keep his young children contained in the front yard away from traffic on Beverly Drive. Public Notification. Staff mailed notices to 14 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. As with case A-07-018, staff agrees that, given the large lots and prevalence of similar front yard fence encroachments in the neighborhood, the request is not out of character with the area. The proposed location of the gate will allow enough space for a vehicle to queue without blocking traffic on Beverly Drive. Recommendation Approval City of Colleyville Page 2 Printed on 10/3/2007 Location and Zoning Map COG1 5961 FG G 513 I EO 1 ~ 6G9 eool sos - ?05 8G1 aGS,` Site ~~ ~~ 52 -12 5911 59os 508 512 n00 BG=~ E1 ?G~ 708 8GG 6904 R40 AG 800 1 90i Fn1 509 513IG01 IFG6 but ?01 ?u5 709 (?1? eu1 ~05 5803 ~ ~ ? 05 FG4 Sue 512 BOG G08 E~9? X01 l --`- 7GG 7G4 ~ ~Go 606 513 B01 gi i9 is13 B13 `~ ? D 5 `~ 7- 5~; 5dEE``ccC! lL`1 O,tt..~ ~Q 178:'µs '! 'j't OffQ~ 0~4 '` ~ 68 01 57.09.. ~~ J ~ "r,;Y7`~ ~y « 5705 *, ~ .; `~ 703 ~ .. ° ' ix ~ yid,,. ,i. 9 ~''~ : 6701 ' 5e a9 ~'~ 12 ~_. i o4 ~ 0 V 3 • h O M a 4 R m` ti 5 V W i .~ 0 ti fi m 0 a a O e ro a .t is C 4, s w tL1 J 0 v O V C~~Y or Texas City ofColleyville 100 Main Street Colleyville, TX 76034 817.503.1050 Community Development Services Application ^ Zoning Change ^ Preliminary Plat f ~ 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: Project Address (Location): 6 X02 ~}'£LE~L ~ ~il°.~'li~ IOLL~~k-~'L~~`"' %~' ~~n-~~1 Legal Description: GDT ~~a ,~ ~LDl~C ~ Proposed Number of Lots: Gross Acres: f ~~ Existing Zoning: ~~10 Proposed Zoning: _/p ~_ Existing Use: ~;.r~~en/~ra.~ Proposed Use: A./~~c~i~~~ic~ ~ _ ~pliCation ReQUirement5: The applicant is required to submit sufficient information that describes and justifies the proposal. See appropriate checklist and fee schedule for minimum requirements. Incomplete applications wi8 not be processed. Applicant: .[~~ (~ ~/~ C L E'F'~' Company: Address: ~ / 2 ~ ~~E'tiE'~PL y ynrCGE' Tel:g/~-S/S~-. ^r // Fax: ,~rY~- ~bt1' o?9.~r' . , City: COLCk uvtL ~-~" State:L~ ZIP: 7~ 0,?Sr Email: .l~A/ /GL~FF~ ~ANOID. CO~j Applicant's Status: (check one) Owner ^ Representative ^ Tenant ^ Prospective Buyer Property Owner: ~A'tr.CD C(..~'~'F Company: Address: ~/.2 ,6EvE.PLk .1712T~iF Tel: $17°S/~!- X19// Fax: F17-_~9.~.~' City: CoLC~ k~r~c.~' StaterZlP:~._?y Email: J~A'UCLEF~' ©YAivo~ l~'`7 Ownership Status: (check one) J~ Individual ^ Trust ^ Partnership ^ Corporation SIGNATURE OF APPLICANT (SIGN AND PRINT OR TYPE NAME) SIGNATURE: Date: 7 l~At.~A ct~FF SIGNATURE OF PROPERTY OWNER (SIGN AND PRINT OR TYPE NAME) SIGNATURE '" (Letter of authorization required if signature ' er than property owner) The property owner must sign the application or submit a notarized letter of authorization. Rev:02J07 For Departmental Use O/n~ly44 Case #: ~~ V! -1 ~ i a5a, Total Fee(s): Receipt #: Dale Submitted: ` 1 v ' Accepted By: Public Hearing Date: ~~ cur o, City of Colleyville (~ ® ZONING BOARD OF ADJUSTMENT 100 Main Street Colleyville TX 76034 ro=„ APPLICATION CHECKLIST s17.so3.loso 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 O Yes 1. Completely describe the variance you are requesting. ;5~~ L~TT.l~1'/~£U f,,~~Sl.£~T ~ ______. 2. Do similar conditions exist in the area? Explain. ~~'E' 4TT~~~E.O £,lr~i5~-~ R-TT A' _~ 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? ~,~,t L~l'TiIC/~,~'D 1~1~~„~2~____. Acknowledgments I 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. 1 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 _~i' 7 EXHIBIT A 1. The variance requested herein will result in an extension of the wood rail fencing currently around the perimeter of 612 Beverly Drive. The fencing will be located as indicated on the attached Plot Plan. The fencing will be approximately 48 inches in height. The fence line will be interspersed with 24 inch by 24 inch stone columns which are approximately 54 inches in height, made of the same stone of the house, which are located as indicated on the attached Plot Plan. There will also be a wrought iron electric gate across the driveway. 2. Similar conditions do exist on Beverly Drive. There are 6 lots on Beverly Drive with fences in approximately the same location. Additionally, both 608 and 612 Beverly Drive had fences in approximately the same location prior to the construction of the homes currently located there. 3. The unique conditions warranting this variance result from the opening and utilization of the new Colleyville Elementary School. The opening of the new school has dramatically increased traffic on Beverly Drive which is a relatively narrow street. Approval of the variance requested herein and construction of the fencing/gate will substantially mitigate this condition resulting in a safer front yard for our three young children. Additionally, the fencing/gate will create an estate presence for 612 Beverly Drive which is similar to other homes in the area. 4. It is not possible to build the fencing/gate requested without approval of this variance. nror~ r o~ ~~ar`17 l~ .Cad O c~N., ~3 r ~ m ,jx~I"~ ~~xo z ~ H .~ r ~ 4 ~ ~ D ~ c a ,. CASTLEGATE HOMES 6203 COLLEYVQ.LE BLVD. STE 100 Q q = E COLLEYVE.I.E, IBXAS 76034 l a L OtScc Si7-329-88~~ -- 608 BEVERLY CLEFF RESIDENCE COLLEWILLE. l7C. 78034 ~~ 3 I _ ___L L `~ '` f _. ~ C qty of Co I l eyvi I I e 100 Main Street 034 Coll X i (8 1000 ~) 03 r.~. Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Board Tabled Items Version: 1 Agenda Date: 10/09/2007 Controlling Body: Zoning Board of Adjustment Requester: Community Agenda No.: 9a Final Action: Development Department 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 1 10/09/2007 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 September 11, 2007. 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 July 12, 2007 meeting: City of Colleyville Page 1 Printed on 10/2/2007 A enda Briefin Continued (1) Is the mail box for this property legal? The fence around fhe mailbox is not allowed and is can-ently being handled by Code Enforcement as a right-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. (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 Phis 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 17 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 City of Colleyville Page 2 Printed on 10/2!2007 Agenda Briefing Continued 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 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 10/2/2007 Location and Zoning Map A6a3 4613 4 i R-20 i '' AG I 130A 1308 4606 ~ 4bCG3 46p8 1312 Site RD cn d6D0 I" 4001 b6U0 1313 305 1309 R-4 0 R ~ 0 450E , 4509 450., 1304 1308 ~...~ riw 1312 1305 1309 R-20 4500 1500 1508 ,~~ 461 a6U, 4606 4601 R-~ 0 46 4E01 <:~ 1&00 ~- ~- _-~-- 1609 R-40 C~~Y o~ Tez.. 3 • h O h M h n ~.. • +.. C 0 a C C .~ C 4 v O v O v Community Development Services Application City of Colleyville 100 Main Street Colleyvillq TX 76034 817.503.1050 ^ Zoning Change ^ Preliminary Plat ip Coning Variance (ZBA) ^ Special Use Permit ^ final Plat ^ Sign Variance (SBA) ^ Planned Unit Development ^ Minor Plat ^ Special Exception ^ Site >3< Landscape Plan ^ Amended Plat ^ Interpretation Appeal Project Name: Project Addres: Legal Descripti Proposed Number of Lots: ~- Gross Acres: Existing Zoning: lam. `'KJ Proposed Zoning: _ Existing Use: ~, ~ Proposed Use: ApDliCdtion 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 applications will not be processed. ~e~~ City: ~7J~~" ~\ `t'~_l State ZIP: >1S 33 wail a~ rnQ.~ru~r2.~ Property Owner: ~~~~j J~~"nw~ Company: Address: I70 7 r,P.fr fD l' ~2 Tel: ~/ 7 9LJ= `fZ ~~ Fax: ~~ ~~~~f~77 City: ~ State, ZIP: Email: ~O1`lT~~-f~^~V~~~J Ownership Status: (check one)~dividual ^ Trust O Partnership O Corporation SIGNATURE OF APPIJCANT~(SI~GN,,,A~ND PRINT OR TYPE NAME) SIGNATURE: C~~V " - Date: ~ SIGNATURE OF P OPERTY OW R (SIGN AND PRIM OR TYPE NAME) SIGNATURE: ~~~ ~ Zl^ (Letter of authorization req d if signature is other #han property owner p ^ {VED The property owner must sign the application or submit a notarized letter ~ C horization. MAY 2 5 2007 ~ ~ Fax: For Departmental Use Only Case #: 7otai fee(s): Receipt #: Date Submitted: Accepted By: Public Hearing Date: i I er .rr.......BQI/: 02/07 Applicant's Status: (check o„e) ^ Owner I.~ Representative O Tenant ^ Prospective Buyer ~,,,, o, City of Colleyvil ® VARIANCE OR APPEAL APPLICATION IOO Main Strc Colleyville T'X 760: CHECKLIST s17.so3.lo: Tes~• w •~ • 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. ~~,L~~~~~~-~--/rt~/~j'S '7~ `~~1 >a ~~~2r~ War w (~y~-~ ,~~ ~74~- ,e- LIE cam- , ,, L~ 2. Do similar conditions exist in the area? Explain. ~~''~ `T~~-Af~ i1ryG o,'"'S4,CrL- ~~SE 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? ~pY_`~~~ '~rt~~ ~~ ~?~r'~te~ld.~~ ~i~%Ll~l! !~.~lir~Gh 'T6 rs~~ /~'d 'Ti-i'! ~~,~.e-~+~ .~~ ~~- Acknowledgments I certify that the above information is correct and complete to the best of my know{edge and ability and that I am now or will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing. 1 understand that in the event that 1 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 Board's action does not constitu the approval of a building permit. Applicant's Initials ~ Date -~ /'' `~ ~~~ ~R ~- ~~ _ ~' ~' R U C LL C ~ O U ~ ~ ~--~ Q? ~ ~ ~ ~ ~ O O O ~ ~ ., ~. ., . _, " ~ ;- --- ~ ~F f ~ ~ ,. _ ~. °~ "€ ~ r ~ ~. , ~ ~~ ~ t ~ ~ 1 ~ [ ~ ~ '. ... ~ ~ ~._ ~F ~ ~ _ _ I ~ t _ _ ~ ~ ~Si :":~ _. -t ~ ~ - .. - ~ _~ _ r. _ _ . P ''~° .' <.> ~-- t "1 _ e x:a `t"