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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-11/13/2007~.~ ~ < < ,__:~. City of Colleyville Colleyv0ileaTexas76034 (~ (817) 503-1000 '~''°, ~ Meeting Agenda ,nrww.colleyville.com ~..~.,~ Zoning Board of Adjustment Tuesday, November 13, 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 October 9, 2007 5. AGENDA ITEMS 5a Case A-07-020 - Request for a variance from the regulations of the Colleyville Land Development Code regarding side setback requirements on Lot 1, Block 1 of the Ford Addition located at 2404 Glade Road 5b Case A-07-021 -Request for a variance from the regulations of the Colleyville Land Development Code regarding landscape buffer requirements on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard 6. REPORTS AND COMMENTS 7. ADJOURNMENT I herebj~ertify the ab~-e agenda was posted on the bulletin boards at City Hall on Friday, November 9, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 11/9/2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com c:t • ~~r ~k.+ai~ Minutes -Draft Tuesday, October 9, 2007 7:00 PM City Council Chambers Zoning Board of Adjustment ~,„~,, 100 Main Street ' =~ City of Colleyville Colleyville,Texas76034 ~ (817) 503-1000 Minutes -Draft www.colleyville.com ~;.~,:,. Zoning Board of Adjustment Tuesday, October 9, 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 October 9, 2007 at 7:00 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Ed Moore, Rich Munson, Dee McNosky, Kevin Sams (Alternate 1) and Uton Dellosso (Alternate 2) Absent: Board member Skip Reynolds Staff Present: Ron Ruthven and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the September 11, 2007 meeting minutes as written. Board member Kenney seconded. The motion carried by the following vote: Aye: 6 -Kenney, Moore, Munson, McNosky, Sams, Alt. 1, Dellosso, Alt 2 Absent: 1 -Reynolds 5. RECOGNITION OF OUTGOING MEMBERS Board member McNosky recognized the outgoing members. 6. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBERS Amy Shelley administered the Oath of Office to the newly appointed members. 7. ELECTION OF OFFICERS Board member Munson moved to elect Board member McNosky as Chairman. Board member Kenney seconded. The motion carried by the following vote: Aye: 5 -Kenney, Moore, Munson, McNosky, Sams, Alt. 1 City of Colleyville Page 1 Printed on 11/9/2007 Zoning Board of Adjustment Minutes -Draft October 9, 2007 Absent: 1 -Reynolds Board member Moore moved to elect Board member Munson as Vice Chairman. Board member Kenney seconded. The motion carried by the following vote: Aye: 4 -Kenney, Moore, McNosky, Sams, Alt. Nay: 1 -Munson Absent: 1 -Reynolds Board member McNosky moved to elect Amy Shelley as Recording Secretary. Board member Kenney seconded. The motion carried by the following vote: Aye: 5 -Kenney, Moore, Munson, McNosky, Sams, Alt. 1 Absent: 1 -Reynolds 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 Ron Ruthven presented the case and briefed the Board. Chairman McNosky opened the public hearing at 7:12 p.m. Tim Edwards, 608 Beverly Drive, the applicant, came forward to present the case and brief the Board. Board member Moore questioned Mr. Edwards regarding if the fence would be set back even with the property to the west? Mr. Edwards replied yes, with the existing fence. Board member Moore stated the fences on the street are only 30 inches in height. He questioned Mr. Edwards regarding why does he want a 48 inch fence? Mr. Edwards stated the fence to the west is a 48 inch fence and additionally across the street, to the end of the street, there is another home with a similar size fence. He stated he would like to have a fence that is consistent with what is in the area with several stone columns. Board member Munson questioned Mr. Edwards if this will be a split rail fence? Mr. Edwards replied he would have a cedar split rail fence. Board member Munson questioned Mr. Edwards regarding where will the gates be placed and how many gates will there be? Mr. Edwards replied City of Colleyvil/e Page 2 Printed on 11/9/2007 Zoning Board of Adjustment Minutes -Draft October 9, 2007 there will be two gates approximately 5 feet from the street off of the property line. Board member Munson stated he would be comfortable if the gates were moved back a little more to allow for vehicle clearance off of Beverly. Mr. Edwards stated the gate would be placed 25 feet from the property line. Board member Munson stated this as the street is built today, however, in the future, the street may be widened. Board member Munson stated not being comfortable with granting a variance that does not allow adequate room to pull a vehicle off of Beverly. He stated not having an issue with the fence or the placement of the fence, he stated he has an issue with the placement of the gates being so close to the roadway. Board member McNosky questioned Mr. Edwards if the placement for the gate is an additional five feet from the proposed fence? Mr. Edwards replied correct. He stated as the street is currently constructed the gate is moved enough off of the road for getting vehicles out of the roadway. Board member Munson stated the roadway could be widened in the future and therefore the vehicles would not have enough room to be out of the roadway. Board member Munson stated he would like the gate to be moved 10 feet off of the property line. Mr. Edwards stated moving the gate more would encroach upon the house, since his house sits closer to the road. He stated it would not look as good. Board member McNosky questioned Mr. Edwards if he would need more time to look at the engineering design? Mr. Edwards replied yes, but he does not necessarily agree. Board member Munson stated it is a safety hazard. Mr. Edwards questioned the Board if there are plans for the widening of Beverly? Board member Munson stated that did not matter, it is a matter of street design for the possible widening. Ron Ruthven stated Beverly Drive is on the Master Thoroughfare Plan as a local street. He also stated if the street were to be widened, the current request would still have 19 feet from the gate and the proposed new pavement width. Board member Munson stated the applicant would have enough room with the current proposal and the possible future expansion of Beverly Drive. Board member Kenney stated the applicant needs to show that there are unique circumstances or a particular hardship that is not just to every proeprty on the street but that is unique to your own. She questioned Mr. Edwards regarding since the school has opened have there been any vehicles turning into the driveway, turning around, possibly endangering your children? Mr. Edwards stated he did not notice vehicles turning around in his driveway, however he stated he has seen an increase in traffic since we moved into the home. Board member Munson stated there was a van that pulled into Mr. Edwards driveway and used his driveway as a turnaround. City Attorney City of Colleyville Page 3 Printed on 11/9/2007 Zoning Board of Adjustment Minutes -Draft October 9, 2007 Kallas stated the hardship must be particular to the property not the location of the property and not an external third factor effecting the property. He stated typically the idea of a hardship is something wrong with the topography of the property creates a necessity to grant a variance from the regulations passed by the City Council. He directed the Board to have discussion to inquire into that necessary element of any variance. Board member Dellosso questioned City Attorney Kallas if vehicles pulling into Mr. Edwards driveway is a hardship? City Attorney Kallas replied only if there is something wrong with the topography of the property. Board member Dellosso stated there is something wrong with someone using Mr. Edwards driveway as a turn around, safety concern. City Attorney Kallas replied safety concerns are addressed by City Council in the regulations. He stated the jurisdiction of this Board is to grant variances to necessary hardships because the property can not come into strict compliance with the regulations that are passed by the legislative body of this City. He stated that is why it is such a tough standard to meet. He stated that is the legal standard and advised the Board to look into that before granting any variance in this case. Board member Kenney questioned Mr. Edwards if there is anything about his property that is particular or unique topographically. engineering wise that would dictate this type of variance? Mr. Edwards stated nothing outside of the circular drive itself. He stated the precident has been set by this Board regarding what has been approved in the past without regards to topography. City Attorney Kallas concurred and stated the legal standard has not changed and advised the Board to consider as to what is required to grant a variance. Board member Munson stated the Board has always been cogniscent of trees on site. He stated there is a street directly across from Mr. Edwards property. Board member McNosky stated there are fences in that area that were there before the regulations were in place. She stated the proposed fence is consistent with what is already in the neighborhood. Board member Kenney stated it being hard not to look into the third outside factors because when Mr. Edwards moved into the area the new Elementary School down the street, was not in place, therefore the overall traffic has increased and there is a need to protect the children from the traffic. Board member Moore questioned Mr. Edwards if his children will use the driveways to ride their bikes? Mr. Edwards replied yes, nightly. Board member Moore stated there are not any sidewalks in the area for the City of Colleyville Page 4 Printed on 11/9/2007 Zoning Board of Adjustment Minutes -Draft October 9, 2007 children to ride their bikes and the street is narrow, therefore, there is a hardship. There being no one wishing to speak, the public hearing was closed at 7:33 p.m. Board member Kenney moved to approve case A-07-018. Board member Moore seconded. The motion carried by the following vote: Aye: 5 -Kenney, Moore, Munson, McNosky, Sams, Alt 1 Absent: 1 -Reynolds 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 Ron Ruthven presented the case and briefed the Board. Chairman McNosky opened the public hearing at 7:34 p.m. David Cleff, 612 Beverly Drive, the applicant came forward to present the case and brief the Board. Board member Munson questioned Mr. Cleff if there are any pictures available of the property? Mr. Cleff stated he did not have any pictures of the property but he did have pictures of the proposed fencing and gate. Board member McNosky questioned Mr. Cleff regarding if the request is the same as the neighbor? Mr. Cleff replied yes, the only difference is that the stone columns will be made of different stone, similar to the home. Board member McNosky questioned Mr. Cleff regarding if the gate will be placed an additional 5 feet back as well? Mr. Cleff replied correct, 5 feet from the property line to be consistent with the neighbor. There being no one wishing to speak, the public hearing was closed at 7:36 p.m. Board member Moore moved to approve case A-07-019. Board member Sams seconded. City of Co/leyville Page 5 Printed on 11/9/2007 Zoning Board of Adjustment Minutes -Draft October 9, 2007 The motion carried by the following vote: Aye: 5 -Kenney, Moore, Munson, McNosky, Sams, Alt Absent: 1 -Reynolds 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 Board member Moore moved to remove case A-07-013 from the tabled items. Board member Kenney seconded. The motion carried by the following vote: Aye: 5 -Kenney, Moore, Munson, McNosky, Sams, Alt. 1 Absent: 1 -Reynolds Ron Ruthven presented the update and briefed the Board. Chairman McNosky opened the public hearing at 7:38 p.m. Ron Sturgeon, the applicant, came forward to present the case and brief the Board. Eddie Edwards, 709 West Glade, former Building Official for the City of Colleyville, stated at the time that the permit was approved, he had discussed with former Community Development Director, Barry LeBaron, and stated he did not think that a variance was required. Jim Williams, 4700 Stafford Drive, came forward and stated not objecting to the fence. He stated the Board should do what is appropriate and right. There being no one wishing to speak, the public hearing was closed at 8:00 p.m. City Attorney Kallas stated the actions of staff for the City do not bind the City or the City Council. He stated the City Council sets forth the requirements. He stated if staff mistakenly approves something and in this case no fence permit was approved, it does not forgive the property owner's obligation to comply with the rule or requirements of the ordinances. He stated in addition asthetics are not considered a hardship existing on the property to justify a variance. Board member Kenney stated if this was presented to the Board at the time that it would have been requested, the trees on this lot would have City of Colleyville Page 6 Printed on 11/9/2007 Zoning Board of Adjustment Minutes -Draft October 9, 2007 been enough to grant the variance. She stated the applianct and builder have done a great effort to save those existing trees. She stated this particular builder made a good faith effort to comply but because of some mistakes, they did not realize that they needed a variance. She stated the applicant would have a substantial hardship now if they were to move the fence. Board member McNosky stated the placement of the gate is more of a safety issue, more than anything else. Board member Munson stated the drawing indicates there is a vehicle off of the road. He stated the vehicles need to be off of the street when pulling into the driveway and waiting for the gate to open. He stated the design criteria of the street, if it were to be widened, would not allow for a vehicle to be off of the street while waiting for the gate. Board member McNosky stated staff also looked at 10 feet for the gate to be moved back. Ron Ruthven stated this an unimproved street that could be widened and from a safety point of view, staff would concur with the Board that if the gate were to be moved back, it would remove some of the concerns with public safety issues. Board member Munson stated the applicant has made an effort to put a quick opening device on the gate to minimize the amount of time to have to wait for it to open, however, the building permit process went wrong. Board member McNosky stated the Board has to decide if the remedy will be with the property owner or if the Board will allow the variance to take care of it. She stated if improvements are made to the street, in the future, and a safety issue were to occur, then the applicant will be in the same position to have to come back. Board member Munson stated once it is approved, that is what will have to be done. Board member Dellosso stated moving the gate two more feet will not help. He stated if the street were to be improved, something can be worked into the variance that the gate would have to be moved. Board member McNosky stated the property could be sold and then it would be another person's issue, an unknown issue. She stated that would have to be a deed restriction issue and the Board has no purvue over that. Board member Moore moved to re-open the public hearing. Board member Munson seconded. Chairman McNosky opened the public hearing at 8:10 p.m. City of Co/leyville Page 7 Printed on 11/9/2007 Zoning Board of Adjustment Minutes -Draft October 9, 2007 Eddie Edwards came forward and stated a standard parking space is 18 feet. He stated if the street were to be widened, cars could be legally parked along the curb and they would stick out approximately 6 feet, therefore a car pulling into the driveway, waiting on the gate, would only be sticking out about a foot. He stated there would be nothing more hazardous than a legally parked car on the edge of the road. There being no one wishing to speak, the public hearing was closed at 8:11 p.m. Board member Kenney stated there not being any need to move the gate an additional two feet. Board member Kenney moved to approve case A-07-013. Board member Munson seconded. The motion carried by the following vote: Aye: 4 -Kenney, Munson, McNosky, Sams, Alt 1 Nay: 1 -Moore Absent: 1 -Reynolds 10. REPORTS AND COMMENTS Board member Dellosso stated the code needs to be looked at for the fence height regulations. He stated it has become a standard in Colleyville and it is attractive. He stated Council should look at it for at least those zoning districts of R30 and above. Ron Ruthven suggested that the Board should contact the City Council members and make a suggestion to them to amend the fence regulations. Board member Dellosso questioned staff if the formal request could be given during the meeting? Ron Ruthven stated he would note the request. Board member McNosky stated staff has always been the formal communication between the City Council. She stated the City Council Liason is not present at the meetings and has not been in a while. She requested that fence height regulations be amended. Board member Dellosso concurred and stated the fence regulations in general need to be amended. Ron Ruthven stated staff will get directives from City Council. Board member Kenney suggested that the City Liason should attend the meetings. Board member Moore stated that the minutes should reflect that the City of Colleyvil/e Page 8 Printed on 11/9/2007 Zoning Board of Adjustment Minutes -Draft October 9, 2007 Board has requested that City Council should read the minutes. Ron Ruthven stated he understood and would follow through with the request. Board member Munson stated the fence regulations could be adjusted for the larger lot zoning districts. Board member Dellosso concurred. 11. ADJOURNMENT The meeting adjourned at 8:19 p.m. I hereby certify the above 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 9 Printed on 11/9/2007 .r} (,, ^ ^ City of C o I I eyvi I l e 100 Main Street 034 Coll ~ (8 X 1000 17) 03 ~~~~~~ Agenda Briefing vwvw•colleyville.com File Number: File Type: Case Status: Board Public Hearing Version: 1 Agenda Date: 11/13/2007 Controlling Body: Zoning Board of Adjustment Requester: Community Agenda No.: 5a Final Action: Development Department File Name: Case A-07-020 -Request for a variance from the regulations of the Colleyville Land Development Code regarding side setback requirements on Lot 1, Block 1 of the Ford Addition located at 2404 Glade Road Attachments: Application Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 11/13/2007 Zoning Board of Adjustment Title Case A-07-020 - Request for a variance from the regulations of the Colleyville Land Development Code regarding side setback requirements on Lot 1, Block 1 of the Ford Addition located at 2404 Glade Road Explanation Allen Ford is requesting a variance on the residential lot located at 2404 Glade Road. The applicant is requesting a variance to allow an existing eleven (11) foot tall well house located within four (4) feet of the side property line to remain on the property. The well house was built in conjunction with a new single family home currently under construction on the property. The actual water well located inside the well house was part of the original home on the property. The previous home was demolished to make way for the new home. Section 3.27.A(3)c of the Land Development Code requires accessory structures that are located in front of the primary structure comply with the setback requirements of the applicable zoning district, or in the case of the subject property, the plat. The designated zoning of this property is AG and the established building line setbacks on the plat are as follows: Front Yard: 40 ft. Side Yard: 10 ft. Rear Yard: 40 ft. City of Colleyville Page 1 Printed on 11/9/2007 Agenda Brietfna Continued _ The applicant states that the well house was rebuilt around the well in order to match the architecture of the new house. Public Notification. Staff mailed notices to 20 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 existing well house does not meet the setback requirements of the Land Development Code. However, staff feels that a hardship exists given the cost that would need to be incurred by the property owner to move the existing well head six (6) feet out of the side yard setback, which would involve drilling a new well. Additionally, the aesthetic impact upon the immediate area will be minimal given the fact that the well house matches the architecture of the new home under construction on the property and that the well house is set back over 130 feet from Glade Road. Recommendation Approval City of Colleyville Page 2 Printed on 11/9/2007 V h O e • G~ of res.- City of Colleyville 100 Main Street Colleyville, TX 76034 S 17.503.1050 Community Development Services Application ^ Zoning Change ^ Preliminary Plat Zoning Variance (ZBA) ^ Special Use Permit ^ Fnol Plat ^ Sign Variance (SBA) ^ Planned Unit Development ^ Minor Plat ^ Special Exception ^ Site 8~ Landscape Plan ^ Amended Plat ^ Interpretation Appeal Project Name: P" ~~~ ~1J~~ T~C~'~ Project Address (Location: v~~~~ G~D~ Legal Description: SOT - ~ ~LX - / FOLD f1 L~JT/C`~ Proposed Number of Lots: Gross Acres: Existing Zoning: Proposed Zoning: Existing Use: S~ ~ Proposed Use: ADDIICati011 ReaUiremeMS: The applicant is requ~ed to submN sufficient Informot'ion that descries and justifies the proposal. See appropriate cheekNst and fee schedule for minimum requlremeMs. Incomplete appt9caNons vvlll not be processed Applicant: ~~i9/ ~3~~UG'G ~UIL,p~',~S Company: Address: /, ~. ~0 k 9o~.>I~~9 Tel: Fax: gJ7'y~-~a City: ~a/~~/~ Stater ZIP: ~~0~ Email: flU ,E~I/ .~2D~C~~...~e. t~f +r 0 a g~ G ,C C 4 • V. V v 0 Applicant's Status: (check one) ~ Owner O Representative ^ Tenant ^ Prospective Buyer Property Owner: /Cc~i~/~/¢.~Gy~ ~iV7~.~S Company: Address: ~~, ~dk ~s~ Tel: Fax: 9~7 ~~~ ~~0~ City: ~T,9`r¢/~~ Stater ZIP: 7loD9o~ Email: AGGa'~J ~D.L~O~~'1~9Q~X Ownership Status: (check om) ^ Individual ^ Trust ^ Partnership ,~ Corporation SIGNATURE OF~(A~P~P,LICANT (SIGN AND PRINT OR TYPE NAME) SIGNATURE: `q~. ^d~ ~„ Date: / 0 '- ~ ~ - 07 SIGNATURE OF PROPERTY OWNER (SIGN AND PRINT OR TYPE NAME) SIGNATURE: ~c'S~}" (Letter of suthorizaf7 n_~quir~if3igna ~k~er than property opwnEEer) The property owner must side the application or submit a eotsriud letter of uthC~~V E D .~ ;~ Per ....... Re;; o~o~ For Deporfinental Use Only Case ~• ''~~ ~~ I ~~ CCOa Totd Fee(s): ! VJ' Receipt #~: ~ ~~ ~.2•Z Date Submitted: ~Q17 1 ~' Accepted By: ~ "y Pubic Hearing Date: ~ ~ ~~ °" °' City of Colleyville ® ZONING BOARD OF ADJUSTMENT 100 Main Street r.,.. APPLICATION CHECKLIST Colleyv817 o3loso Please answer the following questlons 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? ~8(Yes ^ No Have you filed an appeal or petition on this property before? ^ No O Yes 1. Completely describe the variance you are requesting. S~~ y~i~ °1' f~EJ~yT .(/A1/TA7U~~ jD~ A wA~~ GyECG .t~u~, 2. Do similar conditions exist in the area? Explain. ~.1/it'iVj~4>,y 3. Describe how the unique conditions or circumstances do not result from your actions. ~Etyl/..._~!!CS.,.,._._ l~'dOffi¢beD ~IS~OS~ G'CrriF~i~ DD /D-/4-06 . ~ •~'~'•+~'U ,¢tG 6~'.l.~sT.~ ~~1iit'~oJ5 T ~ (~~K1 ~7'P1lCT/OdJ T.~1G tC~T~,t° lt,~L ~S/OI~S ~ u/~S ~°~/~'/DDc~G [zP /47~ ,~ C~P4y2.0 •~S~L~S~ TD ~lryrT~/ ?~ f~dE~ A,f'~/T~c'TU,e~ . 4. Is there anyway to do what you want without this request? /`O 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. 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 5 ~-- Date / D ~ / ?- 07 ~x~/~t~ ~T ~/ ,._., ,~. SUFN~ PLAT T1~15 tS To CcRrIFY THAT ~ w-vE~ 7FIa OV-lE. IUOE A CARLFiJ~ ANO N gF'ME NROPFRn- IOCAIED AT 24A~ CiAD[ Rd4Q tN THE DESCR~BEb AS f~OLLt)YVS: . SEE wTT1-~NEA I.EGAI. pESCRiPTI~N: 1015 Q t ~. OtACK 3 SLYMiRM00u MD~110N .urw.~a~ i 1 /,lJA7E~ ux~tt ~ ~'b ~/ ,. ~:~ ~ •~ :~ ~Oi111C7 -~O ~p rtlrat rat ~ rggK~~ f ~i Ot M 2404 GLADE AOAD I ~CCG~-0'1q^'G ~~G00 t++S1Xit1+C~ M1'L wV FOA *•nlwff COIAtM . 1'D~11. QOM1~pWY MM4 fl0 :GD d ;.50:16/(19.. JE SURVEY oN TrK GROUNC Of COIt,EYV1lLf TEX0.S. ---- aura-:+~iz:,u ~.,':~i ,..~oz-;.,.~:~ RECEIVED . .ii7 Per ............. C ' <H City of Colleyville ColleyvileaTexas76034 (817) 503-1000 ,::,= Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Board Public Hearing Version: 1 Requester: Community Development Department Agenda Date: 11/13/2007 Agenda No.: 5b Controlling Body: Zoning Board of Adjustment Final Action: File Name: Case A-07-021 -Request for a variance from the regulations of the Colleyville Land Development Code regarding landscape buffer requirements on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colle Attachments: Application Notification List Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 11/13/2007 Zoning Board of Adjustment Title Case A-07-021 -Request for a variance from the regulations of the Colleyville Land Development Code regarding landscape buffer requirements on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard Explanation The applicant has submitted a request for a variance regarding landscape greenbelt requirements for a new development on property located at 7013, 7015 and 7017 Colleyville Boulevard. The Landscaping and Buffering section of the Land Development Code requires a 20 foot landscape greenbelt of live plant material along both Colleyville Boulevard and where property zoned commercial abuts property zoned for residential uses. The subject property is zoned CC1-Village Retail and abuts property to the east (opposite from Colleyville Boulevard) that is zoned AG-Agricultural and is currently used as a single family residence. The applicant is requesting to reduce the required front greenbelt along Colleyville Boulevard from 20 feet to 5 feet and is requesting to reduce the rear greenbelt along the back property line adjacent to the AG zoning from 20 feet to 10 feet. The applicant states that the variance request to the front greenbelt requirement along Colleyville Boulevard is due to recent right-of-way acquisitions for the expansion of Colleyville Boulevard. The applicant states that they intend to receive permission from the Texas Department of Transportation (TxDOT) to add landscaping to the right-of-way of City of Colleyville Page 1 Printed on 11/9/2007 Agenda Br/efing Continued Colleyville Boulevard in lieu of the required 20 foot greenbelt. The applicant explains that the variance request to the rear greenbelt requirement adjacent to the AG zoned property is to allow for more parking in order to meet the minimum amount required for the development. Public Notification. Staff mailed notices to 20 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. The applicant asserts that the variance is needed because unique conditions are being created based on the character of the development. However, given that the subject property is currently undeveloped and no unique conditions exist that are inherent within the physical state, or layout, of the subject property that would justify the variance being requested, staff does not recognize any hardship associated with the request. Recommendation Denial Cify of Colleyville Page 2 Printed on 11/9/2007 CityofColbyvtlk 100 Win Street ~, CoUeyvOM. 77C 960b4 Rl7 S03 lOSO Project Name: ^ IorrlnD Change ^ Pnslrrthary Plat f ~ Zorn Valatce (ZBA) ^ Spedai Use Pet<rttil ^ Flnd Plat ^ Sign Valance (SBA) ^ Planned tkdt De~rslopmsnt ^ Minor Plat ~ ^ Special 6ocepiion ^ Site d. I.a[Idscap! Pbn ^ Amsrxlsd Plot ^ kttsrptetatlon Appeal N tl s {1 a E Project Address (location): fagot Desexiptbn: A 6 ~ 3 T ~e'~ _~; a ~ :~o~ 3i~3 3 ~zt 3E3 ~~ Proposed Numbs of lots: I grass Acxes: '?,~_3 ~ 6dsting Zoning: G~ "1 Proposed Zoning: G ~ " 1 E~dsting Use: V w o a r ~ Proposed Use: rh i ~ uce ceinMnr e.'r, fie applca~d b -eQur'ad to su6rrrl sufRdent WarmoHon that desabss and Jus110st the propaml sr.. appropdaN eiraeldW and taa •ebedula for mtnlrry~n nquirornoels. ineompleN appRcaMom wa not bet prooaeed App~ctTRtt: ~a... N~~1 ~.~ Company: dv.nww•-V~ /~tcy~}c.d~+r Addresx: !So 1 /Ntr~ :.~+-~ Ci a T ~ t City: ~d ~ Wei r-, State:l- CL 1IP: ~6 t34 EmaN: _i ~~~ ~~ duraaw_T iRae s~ .tpPltcartr's SYartn (dkuk aril O Owner hoperty Owner: ~.Rept+esweNve O Temrt O Ptapective BTJSIaI' Addross: 3A 3 C,o I~d•e '~a ab!' Teh('~It~~l-~I6d~~Jx;f1ft~~}+iP!-46D~ City: L~s+~~'~(tt; State: Tit-ZIP; ~'~b3~h Em~:~r e,aC7 4.w1`. cerN Oirnas/dpSYaers: ~rickory O Ittdivttittel O Itust O Putnasittp Q~Cotpotatjon ror CaparlmanNd~fh+o- any SIGNA7URE OF APPUCAM ISK.+NiAN~A~f OR T~W1ME) _ ~ ~U T'OZ ./~/~ .~ s Caa ~: 3K`.NAIURt~ SIGNATURE Or PRl]P9tTY ~~ II!s fnaseb Community Development Services Appllcafton PRRVT OR TYPE NA1M~ b oMtar eewMk • eoteslai btbr eteetOxireNoa. Rsr. 07/07 Told tee(s): (K) R.pbt:: 138801p Dole JubnYllod:~~ AeCepled sy; ruble MoorYfp Dolt. (:sty of Coligrvllb ZONING 80ARD OF ADJUSTMENT 1°0'~°S``°°` Cotieyvills TX 76034 APPLICA710N CHECKLIST an so3 toso t~leaes answer the tblbwinp questions sa cortplsEely as poestble. Failure m outitm sully the sttadion by anawerirtp thees questions could twee umneasaaq- delay In svaluatlrra your appesl. Addltionai passe may bs attached H necessary. lases you appled for a buiklln0 permit? O Yee ~ No Here you fled en appeal or petition on thle property before? ~i(No t7 Yee 1. Compbtely deecrlre the var~na you aro requssttrta 5<< w~~.~ek~r.~ 2. Do stmMr condRions exlet in the area? ExplaM s.e .,{~.-e ~t~ _ _,_,. 3 Dsecribe how the unigw corrdttbns cr ctrtxrmstanas do rat resuR from your actions. .ate .~,~ v~_...._ ... +.. d. Is there any way to d0 what you want without thkt roqueet? ~~---r,.r„~_wr.____ ... _„_...,r AclatowlsdQmenb I asrtNy that the above information M corretd and complete to the tract of my knowledOe end ablAty end that 1 em now or wll be fully prepared is present tits abaw proposal at the Zoning Board of Adjustment hsartrtp. I undsretand that in the avant that 1 am not preant or repeeerrted at the public hertrirrp, the Bard shell haw the power to dismbs this proposal either at the cal of the case a after the hesrtrrp, end that ouch dlemiaal shat constitute a dental I reserve lFre rlQht to wahdraw this proposal at 'tirrro upon vrrflten request fled wtar ttre Commurrtty Da~opment Departrnsnt, and such wAirdrawal shat imrrrsdte~ji stop al proossdMps. I urtdsnetsurd the filrp fee M not rafiundable upon wRhdrawal d the proposal after public noMcs I understand tttet K Ole regttset le approved, l must obtaGr a bulidirtp permit Thom the City before any work is alerted on the properly. and that the Zonirp Board of Acquetmant action does red ooneOlute the approval d a buldirr8 perms AppkaM's Initials ~IJ Date O DUNAWA~/ DA No 2006257 October 24, 2007 Board of Adjustment City of Colleyville 100 Main Street Colleyville, Texas 76034 RE: Zoning Board of Adjustment Responses 1.. We are requesting three variances, one for the sign and one far the front landscape setback and one for the rear landscape setback. a. The sign request is that we would prefer three short monument signs as opposed to having a single monument sign in the center of the property along SH26 which could stand and obstruct the view of the site and landscape and other traffic along the curve,. We are proposing three short monument signs spaced evenly along the front of the property in which the total square footage of signage allowed would be the same or slightly less than normally allowed, but placed on the front property line, b. The front landscape variance request is to make use of the TXDOT Right of Way (non-paved area) as part of our 20' required landscape buffer.. This is common in other Cities along a major thoroughfare such as Bedford along SH 121, Bedford and TXDOT will allow a reduction in the required landscape setback internal to the site provided that the equivalent area fronting the property be landscaped and irrigated in the right of way., This is limited to a minimum of 5 feet of the landscape must be inside the development and the remaining area (provided it is available outside the paving and shoulder ditch) is available for use. We are in the process of acquiring this permit from TXDOT and anticipate receiving due to other considerations, We are requesting that Colleyville allow the reduction in front yard landscape setback equal to the area TXDOT will allow us to landscape in their right of way per the proposed agreement.. While this does not meet the 'letter' of the landscape ordinance, we feel that it does meet the 'intent' of the ordinance. c, The rear landscape setback is requested to get the required amount of parking The rear neighbor has stated that he would prefer not to see a tall wallas he would be fenced in on two sides and we are more than willing to work with him on any kind of fencing he would prefer if he will support our reduced setback. 2 To our knowledge, neither of these conditions exist in any other locations and we are asking for something special, We are asking because we believe we have something special to offer with our development that is not the ordinary run of the mill look along SH 26 The rear landscape setback we are just trying to work with our neighbor to come to a mutually agreeable solution for the City to Support.. 2006257 BoardofAdjustment_07-1024 IN 1 Board of Adjustment City of Colleyville October 24, 2007 3 We are creating a unique condition with our signage and landscape variance requests a. The sign is unique in that it is not a standard sign, and we are not requesting more signage than is allowed, we are just trying to spread it out and keep it lower to the ground. This variance will allow for signage that better fits with the character and architectural and landscape aspects of the proposed building. b. We are requesting something unique for Colleyville, but not without precedent in the surrounding cities. By design we do not want something that is standard 'cookie cutter from a catalog'. Just like the downtown is special in that is urban design and was not standard for any where, we want to do accomplish the same kind of development, c.. This would not create a unique condition as we hope to have the support of our rear neighbor in its resolution.. 4. in short, no. To do what is allowed by code would be to do the same as everyone and everywhere else and we are choosing to be different and interesting if you will let us. 2006257_BoardofAdjustment_07-1024_tN a .......~..__..._._----~-~-- --- iGm AMn1e..n.+r;...i.. c~~:... inn a e...~~+h.1h r ....~ yaim s r i. oi~ doe iii : \A.~M~• 0Y4 nnnmvc a r..... of ~ eoe "+~~~ Notification List ACCOUNT OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR 04969499 Unique Landsca ing Design 7111 Colle ille Blvd Colle ille TX 76034 Blvd 07401809 Rtan-Rtan Ente rises Inc 4424 Youn Dr Carrollton TX 75010 7109 Colleyville Blvd # B 40474135 Hasting Cove Ltd PO Box 5287 Culver Ci CA 90231 Colleyville Blvd 06813909 Uni ue Landscaping Design & 7111 Colle ills Blvd Colle ills TX 76034 Blvd 40474127 Pecan Creek Village Cntr Prtn 5613 Dtc P Ste 800 Greenwood Village CO 80111 Colleyville Blvd 07401906 Pecan Creek Village Ctr Ptr 5613 Dtc Pkwy Ste 800 Greenwood Village CO 80111 Blvd 06920047 Hampton, Anthon C Etux Cather 2200 Danielle Dr Colle ills TX 76034 2200 Danielle Dr 07401957 Gardens Commercial Partners 3930 Glade Rd Ste 108 Colle ills TX 76034 Colleyville Blvd 04010205 Hudson, Rock & C nthia 7011 Colle ille Blvd Colle ills TX 76034 Blvd 04010213 Gardens Comm Partners Ltd 3930 Glade Rd Ste 108 Colle ille TX 76034 7013 Colleyville BIvd,Subject Property 04010191 Gardens Comm Partners Ltd 3930 Glade Rd Ste 108 Colleyville TX 76034 Colleyville BIvd,Subject Property 04010221 Gardens Comm Partners Ltd 3930 Glade Rd Ste 108 Colle ills TX 76034 7013 Colleyville BIvd,Subject Property 06919987 Devonshire, Patricia L 2201 Danielle Dr Colle ills TX 76034 2201 Danielle Dr 04010248 Gardens Comm Partners Ltd 3930 Glade Rd Ste 108 Colle ille TX 76034 Colleyville BIvd,Subject Property 06610196 Elborai, Adel M Etux Nadia M 2300 Still Point Ln Colle ille TX 76034 2300 Still Point Ln 06610188 Ramse , William A Etux Deena A 6918 Meade Dr Colle ille TX 76034 6918 Meade Dr 04010310 Dietrich, Charlotte W 7001 Colle ills Blvd Colle ills TX 76034 Blvd 04010272 West, Che I Ann & Diane M ers 7009 Colle ille Blvd Colle ills TX 76034 Blvd 06610161 Olarte, Guillermo Etux Li is 6916 Meade Dr Colle ille TX 76034 6916 Meade Dr Ian Norfolk, a licant 1501 Merrimac Cr. Ft. Worth TX 76137 applicant Notifications were mailed on Friday, October 26, 2007 by Amy Shelley, PZ Assistant Signature pymym~yyy~pypmnsT[M~.~Wwobli,MVf~f,Nl+Mwwnlq vpYbl/ Wtf M,lw~y ~e~,e),tLd~~~ a ~~ JJ~~~ 1_ ~~ ~~ i ~ ~ ~~ ~ ~ ~\ ~ r. \~ ~ 9g ~~ ~ ~ ~ ~~ ~ ~~~ ~ 11 ~ ~~~ ~ R~ O~ r ~-~-~ ~~' ~~ B i _~ _I z ~ i i I'~ ,~ - il ii i i i 1 i i ~9~~~ ~~~~~ ~~ ~~~~~~ y~~~~~ °~''i ~~~~~~ ~=~~_~ L '~ v 8 9 k ae a aiii ~~~ i ~, ~ ~o- ~ ~ y~E `~ ~ ~ ~$~ IL ~~ ,I i i I, ~ I~ i ,~ u~ o~ ~- \ / ~ ~ A ~ ~, ~ , ~~~ ~~ ~ ~ ~ ~~~ ~~ ~ \ y //.- ~ , i / ~. / i ~~:----,;------- 1 ~ ~+4 c O O p y bb +e, R 32 '8 8 ,~ n s~~~~~ ;~ a ~ ~ ~ ~~M o BOARD OF ADJUSTMENT fA/pll~ AT Ca.L~rVW ` ~~ COLLLYVILLE HOULEVAID .f~~YyW~~w (87A'17E ffiGHWAY 2~ ,,, COLLLYVII.LL TiYAB ""•••,,".'~"