Loading...
HomeMy WebLinkAboutZoning Board of Adjustment Agenda Packets-02/14/2017 City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, February 14, 2017 City Council Chambers 7:00 PM CITY COUNCIL CHAMBERS THIRD FLOOR CALL TO ORDER PLEDGE OF ALLEGIANCE 1. SWEARING IN OF NEWLY APPOINTED MEMBERS Dee Kamerman Michael Deakin Wayne Maynard 2. ELECTION OF OFFICERS 2a Chair 2b Vice Chair 3. APPROVAL OF MINUTES October 11, 2016 4. PUBLIC HEARING AGENDA ITEMS 4a Request for a variance to certain provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically an encroachment into the rear yard setback on Lot 3A, of the Adair & Brown Estates, located at 801 John McCain Road, Case VC16-017 4b Request for a variance to certain provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically an encroachment into the front yard setback and a Zoning Board of Adjustment Agenda February 14, 2017 City of Colleyville Page 2 reduction to the minimum lot size requirements on Abstract 1619, Tract 1J02E of the S C H Witten Survey, located at 2109 Hall Johnson Road, Case VC16-018 5. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, February 10, 2017 by 5:00 p.m. Araceli Botello Planning Technician A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, October 11, 2016 City Council Chambers CALL TO ORDER The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNosky on October 11, 2016 at 7:01 p.m. Roll Call Present: Board members Dee Kamerman, Raymond Allee, Wayne Maynard, Dee McNosky, and Richard Vallario Absent: Judson Orlando and Jason Elms Staff Present: Shane Pace, Ben Bryner, and Araceli Botello 1. APPROVAL OF MINUTES Board member Kamerman made a motion to approve the September 13, 2016 minutes. Board member Allee seconded. The motion to approve the September 13, 2016 minutes carried by the following vote: Aye: 5 – Kamerman, Allee, Maynard, Vallario, and McNosky 2. PUBLIC HEARING AGENDA ITEMS 2a Request for a variance to Section 3.28.E (Projections of the Buildings, Structures, and Appurtenances into Required Yards) of the Land Development Code on Lot 45, Block 1, of the Rosewood Villas Addition, located at 6411 Bordeaux Park, Case VC16-012 Shane Pace presented the case and briefed the Board. The public hearing was opened at 7:08 p.m. Zoning Board of Adjustment Agenda October 11, 2016 City of Colleyville Page 2 The applicant, Jeniffer Varley, 6411 Bordeaux Park, came forward and briefed the Board The landscape architect, Donna Kauffman, 1208 John McCain Road, came forward and briefed the Board. Sharon Brown, 6407 Bordeaux Park, came forward and spoke in support of the case. Aubra Palmer, 6406 Lorraine Park, came forward and spoke in support of the case. The following people wished to record their support but did not wish to speak: Support: Sandra Wade, 6504 Bordeaux Park Board member Kamerman questioned staff regarding fencing within the side yards of homes within the subdivision. Mr. Pace responded no fencing is placed between houses, but fencing will usually run perpendicular to the side yard and adjacent to the front of the house. Discussion continued regarding fencing and sidewalk on neighboring properties. Board member Maynard questioned staff regarding the implications of the proposed variance to a future owner on the neighboring property. Mr. Pace responded the variance will not construct anything on the adjacent property. He added that the variance would be completely within the boundaries of the subject property. There being no one else wishing to speak, the public hearing was closed at 7:16 p.m. Board member Maynard made a motion to approve Case VC16-012. Board member Kamerman seconded. The motion to approve Case VC16-012 carried by the following vote: Aye: 5 – Kamerman, Allee, Maynard, Vallario, and McNosky 2b Request for a variance to certain provisions of Section 3.24.G (Schedule of District Regulations) of the Land Development Code on Zoning Board of Adjustment Agenda October 11, 2016 City of Colleyville Page 3 Lot 1R, Block 1, of the Coptic Acres Addition, located at 1110 John McCain Road, Case VC16-013 Shane Pace presented the case and briefed the Board. The public hearing was opened at 7:21 p.m. The applicant, Awad Eskander, 1112 John McCain Road, came forward and briefed the Board. Kim Assaad, 3529 Boxwood Drive, Grapevine, came forward and spoke in support of the case. Ashraf Ishak, 104 W. LD Lockett, came forward and spoke in support of the case. Frank Genco, 1104 John McCain Road, came forward and spoke in opposition of the case. Kurt Kauffman, 1208 John McCain Road, came forward and spoke in opposition of the case. Donna Kauffman, 1208 John McCain Road, came forward and spoke in opposition of the case. Emad Mikhail, 4100 Bridlewood Court, came forward and spoke in support of the case. Irene Ishak, 104 W. LD Lockett, came forward and spoke in support of the case. Board member Allee questioned staff regarding the proposal of the variance. Board member McNosky made a notation that the Board does not approve buildings or the proposal for buildings. She added the building is in compliance and that the only charge before the board is to determine the use of the third floor in the building. Staff added, the site plan has not been submitted or approved and would undergo a full site plan review for compliance. Discussion continued regarding compliance and height of the building. Board member Kamerman questioned staff regarding the zoning of the property and number of floors permitted. Mr. Pace responded a commercially zoned property is permitted to have two stories and Zoning Board of Adjustment Agenda October 11, 2016 City of Colleyville Page 4 residential zoning is permitted to have two-and one-half (2½) stories. Board member Kamerman questioned staff regarding parking. Staff responded parking would be a part of a full site plan review. Mr. Pace added the applicant requested to build three stories before submitting a full site plan review. Discussion continued regarding parking on the property. Frank Genco, 1104 John McCain Road, came forward and spoke again in opposition of the case. Board member Allee questioned staff regarding the use of the half floor. Mr. Pace responded the structure would remain the same size and shape, but the request is to determine how much of the third floor can be useable space or attic space. Discussion continued regarding the use of the third floor. Board member Vallario questioned the applicant on the number of classrooms on the first and second floor. Applicant responded the second floor has eight classrooms, the first floor has nine classrooms. He added the third floor is intended to have two or three classrooms and the rest of the floor would be used as fellowship for the youth. Kurt Kauffman, 1208 John McCain Road, came forward and spoke again in opposition of the case. Board member Maynard questioned staff regarding the side yard setback from the proposed site plan to the property line. Mr. Pace responded that the side yard setback is 10 feet. He went on to describe the required landscape buffer for commercial uses adjacent to residential uses. There being no one else wishing to speak, the public hearing was closed at 8:14 p.m. The public hearing was reopened at 8:15 p.m. Natalie Genco, 1104 John McCain Road, came forward and spoke in opposition of the case. Maryanne Ishak, 104 W. LD Lockett, came forward and spoke in opposition of the case. Frank Genco, 1104 John McCain Road, came forward and spoke in Zoning Board of Adjustment Agenda October 11, 2016 City of Colleyville Page 5 support of the case. Ashraf Ishak, 104 W. LD Lockett, came forward and spoke again in support of the case. The following people wished to record their support but did not wish to speak: Suzette Mikhail, 4100 Brudlewood Court Steve Wade, 6504 Bordeaux Park Waguih Guirguis, 7204 Waldon Court Peter Rizk, 3900 Ashburton Way, Flower Mound Nader Salib, 5200 Lava Rock Drive, Fort Worth Samir Khalil, 1809 Thames Trail Atef Henary, 500 Bridlewood North Girgis T. Girgis, 2309 Still Point Lane Sonia Abdelmalek, 2144 Springwood, Carrollton Nabil Abdelmalek, 2144 Springwood, Carrollton Ashraf Shokry, 2736 Pecan Drive, Flower Mound Andrew Edward, 2311 Table Rock Court, Arlington There being no one else wishing to speak, the public hearing was closed at 8:23 p.m. Board member Maynard made a motion to approve Case VC16-013. Board member Kamerman seconded. The motion to approve Case VC16-013 carried by the following vote: Aye: 2 – Kamerman, Allee, Maynard, Vallario, and McNosky 3. ADJOURNMENT The meeting adjourned at 8:25 p.m. Minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on_______2016, by a vote of ____. City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4a Agenda Date 02/14/2017 Number Type Public Hearing Agenda Items Department Community Development Title Request for a variance to certain provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically an encroachment into the rear yard setback on Lot 3A, of the Adair & Brown Estates, located at 801 John McCain Road, Case VC16-017 Explanation Steven Way, the applicant, is requesting approval of a variance to allow for the construction of an attached garage which will encroach seven and one-half (7 ½) feet into the required twenty-five foot rear yard setback along the southern property line. Existing Conditions/Background: The subject property is generally located on the south side of John McCain Road and east of Pleasant Run Road. It is zoned R-40 Single Family Residential district and is currently platted as Lot 3A, Block 1, of the Adair and Brown Estates Addition. The original building permit application submitted on October 21, 2016 indicated approximately 67 feet from the proposed structure to the rear lot line. Based on this information, staff approved the building permit and the applicant proceeded with the initial stages of construction. One of the first requirements of the building process is approval of a permit for a “form survey”. This review requires a licensed surveyor to survey the location of the form boards prior to pouring the concrete for the building foundation or slab. When staff received the form survey, the document indicated the proposed structure would be located 17 and one half feet (17 ½’) from the rear property line. With this information staff immediately denied the permit and stopped work on the project. However, the applicant continued with the project and the foundation was poured and exists today. Staff then notified the applicant of the need to revise the plan to the structure to meet the setback requirement. Rather than revise the plan, the applicant requests a variance in order to proceed with the garage as planned. Requested Variance: The applicant is requesting a variance to allow for the construction of an attached four-car garage and wood shop on the south side of the property. The garage and wood shop will be located completely behind the existing home and the structure is proposed to extend seven and one-half (7 ½) feet into the required twenty-five foot rear yard setback. Zoning Board of Adjustment Agenda Briefing 4a City of Colleyville Page 2 Ordinance – Section 3.24.G Schedule of District Regulations requires a minimum twenty-five foot rear yard setback for the R-40 district. Chapter 1 (General Provisions) of the Land Development Code authorizes the Zoning Board of Adjustment to grant variances to the minimum setback standards set forth in Chapter 3 (Land Use): “…where the literal enforcement of the provisions of the ordinance would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district.” Analysis – Prior to commencing work on the construction project, the applicant hired a professional architect to draft the construction plans. The architect contends that they requested and received a copy of the original survey from the City and that the original survey was incorrect. The City of Colleyville provides public documents upon request in compliance with the Public Information Act, contained in Chapter 552 of the Texas Government Code. However, the City does not verify or guarantee accuracy of technical documents. The City simply provides any and all documents on file related to information requests. Although the original survey for the property was proven to be inaccurate, the applicant and their professional team are ultimately responsible for confirming the accuracy of all technical documents prior to commencing work. The error reduces the setback from the original distance of 67 feet down to 17 ½ feet, almost a 50 foot difference. Based on the information provided to date, the variance request up for consideration fails to demonstrate a hardship as defined by the Land Development Code. Staff has determined that there are no special conditions or circumstances which are peculiar to the land or structure preventing compliance with the current regulations. Surrounding Development: The properties to the north are zoned AG-Agricultural district and developed with single family homes. The properties to the south, east, and west are zoned R-40 Single Family district and developed with single family homes. Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified Zoning Board of Adjustment Agenda Briefing 4a City of Colleyville Page 3 per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: The applicant has not presented a hardship as defined by the Land Development Code. Staff recommends denial of the proposed variance. Recommendation Denial Attachments 1.Aerial Map 2.Zoning Map 3.Statement of Planning Objectives 4.Site Plan 5.Notification Map 6.Notification List JOHN MCCAIN PL E A S A N T R U N WA L D O N 901813801 6901 7101 800 6817 804 6905 6916 6909 7100 813 7201 600 6909 808 6905 901 7101 6813 6904 71097112 6900800 7000 6908 6905 69096900 960 6900 VC16-017 801 JOHN MCCAIN ROAD Subject Property I 1 inch = 167 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP JOHN MCCAIN PL E A S A N T R U N WA L D O N R-40 AG AG R-20 R-40 PUD-R R-40 AG 901813801 6901 7101 800 6817 804 6905 6916 6909 7100 813 7201 600 6909 808 6905 901 7101 6813 6904 71097112 6900800 6908 6905 69096900 960 6900 VC16-017 801 JOHN MCCAIN ROAD Subject Property AG Agricultural PUD-R Planned Unit Development, Residential R-20 Single Family Residential (20,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) I 1 inch = 167 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP Statement of Planning Objectives Site Plan JOHN MCCAIN P L E A S A N T R U N W A L D O N 800 7201 901813801 6901 7101 7000 7200 512 6900 6817 804 600 7112 6905 7302 6916 6909 7100 508 7210 813 901 505 6816 6908 7114 7300 7105 7300 7200 6909 7204 7101 6909 6904 7113 7112 7204 7110 7109 7213 7117 7212 7208 7108 7200 7205 808 7201 7300 700 7304 7209 7208 6900 7108 7104 7012 7100 7008 7004 7000 7112 700 6905 7409 6813 960 8006905 VC16-017 801 JOHN MCCAIN ROAD Subject Property 200ft Buffer Properties within 200ftI1 inch = 25 0 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address HARDY, ANN T 7100 WALDON CT COLLEYVILLE, TX 76034 7100 WALDON CT HARDY, ANN 7100 WALDON CT COLLEYVILLE, TX 76034 7100 WALDON CT DENSON, AL 813 JOHN MCCAIN RD COLLEYVILLE, TX 76034 813 JOHN MCCAIN RD HARRISON, CYNTHIA 800 JOHN MCCAIN RD COLLEYVILLE, TX 76034 800 JOHN MCCAIN RD GOIN, DONALD 7101 PLEASANT RUN RD COLLEYVILLE, TX 76034 7101 PLEASANT RUN RD HOHMANN, BILL 715 DUNS TEW PATH COLLEYVILLE, TX 76034 6901 PLEASANT RUN RD DENSON, ALBERT 813 JOHN MCCAIN RD COLLEYVILLE, TX 76034 813 JOHN MCCAIN RD KIENTZ, ROBERT 6916 PLEASANT RUN RD COLLEYVILLE, TX 76034 6916 PLEASANT RUN RD QUINN, THOMAS F 6817 PLEASANT RUN RD COLLEYVILLE, TX 76034 6817 PLEASANT RUN RD HELLMAN, LONNIE D 6909 PLEASANT RUN RD COLLEYVILLE, TX 76034 6909 PLEASANT RUN RD WAY, STEVEN 801 JOHN MCCAIN RD COLLEYVILLE, TX 76034 801 JOHN MCCAIN RD POOL, ROBERT A 6905 PLEASANT RUN RD COLLEYVILLE, TX 76034 6905 PLEASANT RUN RD CASTLETON MANOR HOA 1560 E. SOUTHLAKE BLVD. SOUTHLAKE, TX 76092 COURTESY NOTICE WARWIC PARC HOA 4113 GATEWAY DRIVE, SUITE 100 COLLEYVILLE, TX 76034 COURTESY NOTICE WILLIAMSBURG ESTATES HOA 7113 WALDON COURT COLLEYVILLE, TX 76034 COURTESY NOTICE WAY, STEVEN 801 JOHN MCCAIN RD COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, January 27, 2017 by Araceli Botello Notification List City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 02/14/2017 Number Type Public Hearing Agenda Items Department Community Development Title Request for a variance to certain provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically an encroachment into the front yard setback and a reduction to the minimum lot size requirements on Abstract 1619, Tract 1J02E of the S C H Witten Survey, located at 2109 Hall Johnson Road, Case VC16-018 Explanation Nancy Jackson, the applicant, is requesting approval of a variance to allow for an existing home to encroach 30 feet into the required 30 foot front yard setback along the northern property line. The request is being made to facilitate approval of a subdivision plat on the subject property. Existing Conditions/Background: The subject property is generally located on the corner of Hall Johnson Road and Montclair Drive. The property is located on the south side of Hall Johnson Road, and east of Montclair Drive. It is zoned R-20 Single Family Residential district and is currently unplatted. An associated minor plat application is currently under review by staff. On April 24, 2000 the City acquired 4,456 square feet of right-of-way (ROW) from the applicant as part of the roadway improvements to Hall Johnson Road. This acquisition equated to approximately 31.20 feet of ROW dedication along Hall Johnson Road (See Exhibit “Right of Way Deed”). Following the ROW acquisition, the subject property was rezoned from the AG-Agricultural district to R-20 Single Family Residential district in August of 2002. The property was not platted at this time. Requested Variance: The applicant is requesting a variance to allow for an existing home to encroach 30 feet into the required 30 foot front yard setback along the northern property line. The request is due to additional ROW dedication required per the City’s Master Thoroughfare Plan in conjunction with a subdivision plat currently under review for the subject property. Ordinance – Section 3.24.G Schedule of District Regulations requires a minimum 30 foot front yard setback for the R-20 district. Chapter 1 (General Provisions) of the Land Development Code authorizes the Zoning Board of Adjustment to grant variances to the minimum setback standards set forth in Zoning Board of Adjustment Agenda Briefing 4b City of Colleyville Page 2 Chapter 3 (Land Use): “…where the literal enforcement of the provisions of the ordinance would result in an unnecessary hardship, and where such variance is necessary to permit a specific parcel of land which differs from other parcels of land in the same district by being of such restricted area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. A modification of the standards established by this ordinance shall not be granted to relieve a self-created or personal hardship, nor for financial reason only, nor shall such modification be granted to permit any person a privilege in developing a parcel of land not permitted by this ordinance to other parcels of land in the district.” Analysis – In November 2016, the applicant submitted a plat application with the intent to subdivide the subject property into four lots. Per standard review procedures, ROW dedication was evaluated. The City’s Master Thoroughfare Plan (MTP) designates Hall Johnson Road as a Minor Arterial. This classification requires a 95 foot ROW width, or 47.5 feet from the centerline of the street. As previously described, the subject property has only dedicated 31.20 feet of ROW from the centerline of the street. Therefore an additional 16.5 feet of ROW dedication is necessary to comply with the ROW dedication requirements of the MTP. The additional ROW dedication creates a scenario where the existing home will encroach 30 feet into the 30 foot front building line as well as extend over, or encroach into, the ROW on the northern property line by approximately four feet. The existing home is proposed to be demolished and a new home constructed on the subject property. However, the applicant is not in a position to demolish the home at this time. The applicant has indicated that the responsibility for demolishing the home will be transferred to the future property owner. In short, the nonconforming situation will be remedied at the time the plat is approved and the sale of the property is finalized. Finally, staff contends that the ROW acquisitions have created a hardship on the subject property at no fault of the applicant. As stated above, the encroachments will be eliminated at the time of demolition and the property will be developed in a manner commensurate to the surrounding properties. Approval of the variance request will allow the platting process to proceed. As with every plat approval, all requirements of the Land Development Code must be met before the plat may be approved. Surrounding Development: The properties to the north and south are zoned R-20 Single Family Residential district and developed with single family homes. The property to the east is zoned R-40 Single Family Residential district and developed with one single family home. The property to the west is zoned AG-Agricultural district and developed with one single family home. Zoning Board of Adjustment Agenda Briefing 4b City of Colleyville Page 3 Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: The subject property has been affected by the ROW acquisition in 2000 and the current ROW dedication required by the MTP. These acquisitions have resulted in an existing home encroaching into a required front yard and public ROW. Staff believes that the applicant has presented a hardship on the subject property as defined by the Land Development Code. Staff recommends approval of the proposed variance. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Plat Exhibit 4.Right of Way Deed 5.Notification Map 6.Notification List HALL JOHNSON M O N T C L A I R 2113 5605 2101 2201 2013 2300 5609 2109 5801 5608 21072103 210921012105 5604 2201 2304 5605 2009 5613 2301 2207 VC16-018 2109 HALL JO HNSO N RO AD Subject Property I 1 inch = 83 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP HALL JOHNSON M O N T C L A I R AG R-20 R-20 R-40 R-20 R-20 R-20 R-20 2113 5605 2101 2201 2013 2300 5609 2109 5801 5608 21072103 210921012105 5604 2201 2304 5605 5613 2301 2207 VC16-018 2109 HALL JO HNSO N RO AD Subject Property AG Agricultural R-20 Single Family Residential (20,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) I 1 inch = 83 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP BALLANTRAE HALL JOHNSON M O N T C L A I R H I G H L A N D H I L L S 5605 2113 2101 2201 20132009 5801 2300 5604 5608 21072103 21092101 22012105 5609 2109 2207 2304 2005 56015600 5802 5800 2301 5609 2305 5605 5804 5613 5607 VC16-018 2109 HALL JO HNSO N RO AD Subject Property 200 ft. Buffer Properties within 200 ft. I 1 inch = 10 4 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP 2ZQHU1DPH 2ZQHU$GGUHVV 2ZQHU&LW\ 2ZQHU=LS 6LWXV$GGUHVV TORRES, ARNOLD 5608 MONTCLAIR DR COLLEYVILLE, TX 76034 5608 MONTCLAIR DR HANEY, KENNETH J 2101 HALL JOHNSON RD COLLEYVILLE, TX 76034 2101 HALL JOHNSON RD APPLING, KYLE A 5801 HIGHLAND HILLS LN COLLEYVILLE, TX 76034 5801 HIGHLAND HILLS LN ROWLEY, CHRIS C 2103 BALLANTRAE DR COLLEYVILLE, TX 76034 2103 BALLANTRAE DR HALICI, DERVIS 2201 HALL JOHNSON RD COLLEYVILLE, TX 76034 2201 HALL JOHNSON RD JACKSON, RICHARD PO BOX 658 COLLEYVILLE, TX 76034 5605 MONTCLAIR DR PHILABAUM, RAYMOND E 2101 BALLANTRAE DR COLLEYVILLE, TX 76034 2101 BALLANTRAE DR GENTILE, FRANK 2105 BALLANTRAE DR COLLEYVILLE, TX 76034 2105 BALLANTRAE DR GARNER, HUBERT S 2013 HALL JOHNSON RD COLLEYVILLE, TX 76034 2013 HALL JOHNSON RD DENNIS, NANCY E 4600 SHADYCREEK LN COLLEYVILLE, TX 76034 5609 MONTCLAIR DR ANTONETTI, ALFREDO 2300 MULBERRY CT COLLEYVILLE, TX 76034 2300 MULBERRY CT BURTON, EDITH 5613 MONTCLAIR DR COLLEYVILLE, TX 76034 5613 MONTCLAIR DR BURNS, TOMMY L 2113 HALL JOHNSON RD COLLEYVILLE, TX 76034 2113 HALL JOHNSON RD JACKSON, RICHARD S 2109 HALL JOHNSON RD COLLEYVILLE, TX 76034 2109 HALL JOHNSON RD DAVIS, PHILLIP 2107 BALLANTRAE DR COLLEYVILLE, TX 76034 2107 BALLANTRAE DR CARTER, MEGAN ETVIRE WILBURN 2109 BALLANTRAE DR COLLEYVILLE, TX 76034 2109 BALLANTRAE DR JACKSON, RICHARD PO BOX 658 COLLEYVILLE, TX 76034 5605 MONTCLAIR DR HIGHLAND MEADOWS HOA 2101 HIGH GATE DR. COLLEYVILLE, TX 76034 COURTESY NOTICE BROUGHTON HOA 2557 SW GRAPEVINE PKWY. SUGRAPEVINE, TX 76051 COURTESY NOTICE ARBOR ESTATES HOA 5506 SYCAMORE DR. COLLEYVILLE, TX 76034 COURTESY NOTICE JACKSON, RICHARD S ϰϯϬϱdKE/Z>COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED 3XEOLFKHDULQJQRWLFHVZHUHPDLOHG )ULGD\-DQXDU\E\$UDFHOL %RWHOOR Notification List Tom and Joan Quinn 6817 Pleasant Run Road Colleyville, TX 76034 February 14, 2017 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 In re: Zoning Case Number: VC 16-017 Request for Variance, specifically an encroachment into the rear yard setback, We are the owners of the property immediately south of 801 John McCain Road and, therefore, the property most affected by the potential encroachment defined by the Land Development Code. We have absolutely no objection to granting the variance to Steven and Amy Way. If the staff wishes to discuss the matter further, our phone number is 817-722-8042. Respectfully submitted, Thomas F. Quinn, Jr. 1"M001MOU Delivered by hand Date: r 1 Feb, 7 0 / 4 SPEAKER CARD / I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: Name: r ."Y W ! Address: I S 3 sirr City: W La," t a ✓� State: L_ Zip Code:�b ° g Telephone Number: Si4 UZ -690 Representing: SeQz �-p (organization/self] 1 understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the ZBA or SBA will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: I,- I This i F rmation is a Public Page 1 of 1 Subj: Colleyville Public Hearing 2114117 Case VC16-017 Date: 2/1112017 1:23:39 P.M. Central Standard Time From: To: RE: Case VC16-01 4a Request for a variance to certain provisions of Section 3.24-G, Schedule of District Regulations of the Land Development Code, specifically an encroachment into the rear yard setback on Lot 3A, of the Adair & Brown Estates, located at 801 John McCain Road, Case VC16-017 To the city of Colleyville: I will be out of the country on 2114117, therefore, I am sending this email to our representative Bud Sellers to deliver to the city council. We have been building our new home at 6901 Pleasant Run Road and were advised of this request for a variance change by written notice from the city of Colleyville. During the short time our new neighbor adjoining our property has lived there they entered our property without permission, dumped massive amounts of dirt and debris on our property and pushed dirt into our pond. In addition, they have damaged our grass, and changed the elevation of our property. I was forced to contact the city for help to rectify these issues. As of the date of this letter they have still not addressed all of the damages. Our grass is still damaged and dirt from there project is still leaching into our pond. I provided the city with photos of these vioiations. I was told by the city enforcement this was one of the worst infractions that had seen and it warranted a citation. I was also told that I could take legal action against them for damages. It should also be noted they continued working even after they city had ordered that the work be stopped. While walking our property on 2110117, 1 discovered our new neighbor had dug a trench for a gas line and water line on or close our property line and running next to our pond. In doing so they dumped more dirt on our property. I again contacted the the city again for assistance. I was advised the gas line was not to code requirements. In one place the gas line was only 34 inches deep. The actions of our new neighbor has been very disappointing. At no time was I approached by my neighbor prior to any of his actions. I am on our property daily. According to the documents he has filed with the city of Colleyville our neighbor owns LLC construction business. Of all people he should certainly know what he has done was wrong. It is our understanding there is no hardship for this variance. We are apposed to the encroachment variance request and pray that this be denied. Sincerely, Bill Hohmann 6901 Pleasant Run Road Colleyville, TX 76034 Sent from my iPhone Saturday, February 11, 2017 AOL: TRSCUSTOMHOMES L Date: �-P_ I /y�-- SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: qjb Name: Address: �! �� �✓� t/! $ D ) 7 / City:Cn z,�� / ll f Jf State: Zip Code: CJ L Telephone Number: /7" 999— /-9 e�ting: Signed: (organization/self) I understand I am limited to speaking for five minutes. of listed on the age da as a public Hearing, th ZBA or SBA will not respond in tf Te�cas Open Ilj�etingslLaw, Chapter 551 of 4he Texas focal Government Code. This information is a