HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-3/13/2008City of Colleyville
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www. Colleyville. com
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Meeting Agenda
Thursday, March 13, 2008
7:00 PM
City Council Chambers
Zoning Board of Adjustment
100 Main Street
City ~f Co~~eyvi~~e Coll (817) 03X1000034
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Zoning Board of Adjustment
Thursday, March 13, 2008 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 and Kevin Sams (Alternate 1)
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
December 11, 2007
5. PUBLIC HEARING AGENDA ITEM
5a Case A-08-002- Request for a variance from the regulations of the
Colleyville Land Development Code regarding fence height requirements
in the front yard setback on Lots 1 R and 2, Block 1 of the Wiggins
Addition located at 5319 Bluebonnet
6. REPORTS AND COMMENTS
7. ApJOURNMENT
I hereby rtify the ab a agenda was posted on the bulletin boards at City Hall
on Friday, arch 7, 2008 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
City of Colleyville Page 7 Printed on 3/5/2008
City of Colleyville
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www. Colleyville. com
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Minutes -Draft
Tuesday, December 11, 2007
6:30 PM
City Council Chambers
Zoning Board of Adjustment
City of Colleyville 1~0 Main Street
~ Colle ville, Texas 76034
+%~~`~~+%+~~_ -'.E (817) 503-1000
Minutes -Draft www.colleyville.com
Zoning Board of Adjustment
Tuesday, December 11, 2007 6:30 PM City Council Chambers
6:30 P.M.- WORKSHOP
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
LEGAL BRIEFING BY CITY ATTORNEY REGARDING FLOW CHART
DISCUSSION OF ZONING BOARD OF ADJUSTMENTS TOPICS
STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
BOARD MEMBER'S COMMENTS AND REPORTS
7:00 P.M.
REGULAR MEETING
1. CALL TO ORDER
The Zoning Board of Adjustments meeting of the City of Colleyville was
called to order by Chairman McNosky on December 11, 2007 at 7:00
p.m.
2. ROLL CALL
Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich
Munson, Dee McNosky, Kevin Sams (Alternate 1) and Uton Dellosso
(Alternate 2)
Staff Present: Ron Ruthven and Amy Shelley
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
Board member Kenney moved to approve the November 13, 2007
meeting minutes as written. Board member Moore seconded.
The motion carried by the following vote:
Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky
City of Colleyville Page 1 Printed on 12/31/2007
Zoning Board of Adjustment Minutes -Draft December 11, 2007
5. TABLED AGENDA ITEM
5a 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
Board member Moore moved to remove case A-07-021 from the tabled
items. Board member Munson seconded.
The motion carried by the following vote:
Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky
Ron Ruthven presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 7:07 p.m.
Kip Whitman, the applicant, came forward to present the case and brief
the Board members. Mr. Whitman presented a letter to the Board
members from TxDot for permission to landscape in TxDot's right of
way.
Board member Kenney questioned Mr. Whitman regarding if there have
been issues worked out with the rear neighbors? Mr. Whitman stated
the neighbor did not want a living fence. Mr. Whitman stated he will put
up an overlapping, 1 x 6 plank fence that will allow air flow. He stated
they are going to plant live screening in front of the fence. He stated he
hoped that the neighbor will like it.
Board member Kenney stated there was a possibility with reducing the
rear setback to 15 feet instead of the requested 10 feet? Mr. Whitman
stated the five feet would still make the whole development move five
feet closer in.
Board member Kenney questioned if the underground detention system
is dictating the request? Mr. Whitman stated no, it is the parking lot,
however, the detention system is under the parking lot.
Board member Moore stated it would be reducing the parking lot. Mr.
Whitman stated it would reduce the availability for the two restaurants.
Board member Moore questioned staff if there is a 20 foot setback for
underground detention? Ron Ruthven replied that would not affect the
setback requirements.
City of Colleyville Page 2 Printed on 12/31/2007
Zoning Board of Adjustment Minutes -Draft December 11, 2007
Chairman McNosky questioned staff regarding if the underground
detention can be placed beyond the 20 foot setback since the parking lot
and dirt will cover it? Ron Ruthven replied he would have to refer that to
the Engineering Department for approval.
Board member Moore stated setbacks are one thing for above the
ground, but the detention system is underground, which is another thing.
Mr. Whitman stated the underground detention system is considered a
utility. Mr. Ian Norfolk, the Engineer for the project, stated the
underground system is considered a structure, much like a building.
Chairman McNosky stated the same restrictions would apply.
Board member Moore stated the cars parked in the parking area along
Colleyville Boulevard, at night, will be shining their lights into the traffic.
Mr. Whitman stated that not being a good idea, but the landscaping
should eliminate that issue, or help with it. Mr. Whitman used a
presentation to give examples of his developments.
Board member Dellosso questioned Mr. Whitman regarding if the rear
parking spaces were removed, does that reduce the size of the building?
Mr. Whitman replied that it could potentially reduce the size of the
building. He stated the widening of Colleyville Boulevard has caused this
issue, it caused the development to loose 20 feet in the front of the
development.
Chairman McNosky questioned staff regarding if the letter from TxDot
that Mr. Whitman presented at first, is what the Board was looking for
regarding permission? Ron Ruthven replied the Board was wanting an
agreement, the letter does not state that it is an agreement. Mr.
Whitman stated if the request were to be denied, then he stated he could
not use it and the development would be forced back and the whole
project has to be rethought.
Board member Moore questioned Mr. Whitman regarding what is the
amount of setback on the front that is being requested? Mr. Whitman
replied coming back 15 feet. If that is granted, they are at the point of 5
feet of their own buffer with islands to landscape. Mr. Whitman stated
they are asking to use 15 feet of TxDot's right of way for the landscape
buffer and then they will use 5 feet of their own property to finish the 20
foot buffer requirement. Board member Moore stated the Board could
not do that.
Board member Munson questioned Mr. Whitman regarding what is the
required landscape buffer by ordinance? Mr. Whitman replied 20 feet.
Board member Munson stated that being different than the 40 foot
building line. Mr. Whitman concurred.
City of Colleyville Page 3 Printed on 12/31/2007
Zoning Board of Adjustment Minutes -Draft December 11, 2007
Discussion occurred between Board member Munson and Mr. Whitman
regarding the setbacks indicated on the drawings. Board member
Munson stated he keeps hearing the 20 feet, where does that come into
with the setbacks? Ron Ruthven replied the 20 feet is a landscape
buffer requirement that has nothing to do with the 40 foot building
setback requirement.
Discussion occurred between Board member Munson and staff
regarding the underground structure and parking with regards to the
setback.
Board member Munson stated without having the neighbor to the east,
he stated he would like to hear it from the neighbor regarding if he is
comfortable with what is being suggested.
Board member Munson questioned Mr. Whitman regarding the parking
to the rear, would he be willing to eliminate the 11 parking spaces,
maybe reconfigure the design of the fire lane, keep the design of the
building, but move those parking spaces to somewhere else in the
development? Mr. Whitman replied the development is about 4 to 6
parking spaces rich, but to loose several would make the development
tight. He stated those spaces to the good are handicap spaces.
Discussion occurred between Board member Munson and Mr. Whitman
regarding the site grade. Mr. Whitman stated the site will be above
grade as it comes down to meet the highway.
Board member Munson stated being sensitive to adjacent neighbors.
Mr. Whitman concurred.
Board member Moore questioned Mr. Whitman regarding the neighbor
that was here last month, is he the neighbor to the south? Chairman
McNosky stated he is the neighbor that would receive the encroachment
more harshly. She stated the buffer zone would be between his property
and the development. Board member Moore stated he is the neighbor to
the east.
Mr. Whitman used the exhibits on the screen to show the Board
members the site grading in relation to the parking areas and Colleyville
Boulevard and the adjacent neighbor.
Board member Munson stated the development will be above the
existing ground in the rear parking. Board member Munson questioned
Mr. Whitman how much the development would be above the existing
ground for the parking in the rear? Mr. Whitman replied not knowing
exactly, but about 3-4 feet above the neighbor's property. Board
member Munson stated that being a lot.
City of Colleyville Page 4 Printed on 12/31/2007
Zoning Board of Adjustment Minutes -Draft December 11, 2007
There being no one wishing to speak, the public hearing was closed at
7:51 p.m.
Board member Reynolds questioned what staff has recommended?
Ron Ruthven replied staff has recommended denial. Chairman
McNosky stated because the land has not given the hardship, it is
actually the developer's design that has caused the hardship. Ron
Ruthven stated it is rare to grant variances on an undeveloped piece of
property. However, he stated it is up to the Board.
Chairman McNosky and Mr. Whitman discussed what was approved by
the Planning and Zoning Commission. She stated the Board has very
strict guidelines regarding variance requests.
Board member Kenney stated being willing to grant the front request
because the widening of Colleyville Boulevard has created a unique
hardship. She stated having issues with granting the variance because
the development does not have enough parking spaces. She concurred
with Chairman McNosky about Liking the design, however, she stated the
Board can not grant a variance for what the statute does not allow.
Chairman McNosky stated the Board has certain guidelines to adhere
and this variance request is being asked because of the design of the
building, not because of the contours of the land. Mr. Whitman stated
the variance request is being asked for because of the widening of
Colleyville Boulevard. He stated the 10 feet will not harm a neighbor.
He stated the employees will park in the rear. He stated they will be
responsible for maintaining the landscaping in the right of way.
Board member Kenney stated that not being the issue. She stated the
issue is because statute does not allow for the Board to grant the
variance. Mr. Whitman stated oh no, the Board has the right to grant a
variance that the Board deems appropriate.
Board member Munson stated the Board is permitted to grant variances
based on hardships which are beyond the property owner's control.
Chairman McNosky stated the widening of the highway does create the
hardship.
Board member Munson stated the Board recognizes the hardship on the
front because of the widening of Colleyville Boulevard. However, the
area on the back is not a hardship which is imposed on the applicant
because of topography, or the shape of the property. He stated having a
problem with the four feet above grade with lights shining into the
neighbors windows.
City of Colleyville Page 5 Printed on 12/31/2007
Zoning Board of Adjustment Minutes -Draft December 11, 2007
Mr. Whitman questioned Board member Munson if he would prefer, if he
lived back there, to change the design, move the whole thing back and
set it at the door step? Board member Munson replied no and with all
due respect, that is your decision. Mr. Whitman stated not wanting to do
that necessarily.
Chairman McNosky stated even if the neighbor were here, the Board
would not have the ability to grant the variance.
Board member Kenney questioned Mr. Whitman if the large tree in the
middle of the development would be destroyed if everything were to
move back? Is this design of the parking lot an attempt to save the tree?
Mr. Whitman replied yes. He stated this not being an attempt to save
the tree to modify the entire building. He stated it is to take advantage of
apiece of nature that happened to grow there. He stated this whole
development is an attempt to make something special compared to the
other junk that is being built around. He stated he does not want to sell
the land, he wants to build the development that he can be proud of. He
stated he wants to add to Colleyville not detract from it.
Board member Munson questioned staff regarding if there is a
commercial PUD ordinance available in Colleyville that would enable the
City Council to modify the ordinance as it is now, related to the
development that Mr. Whitman is wishing to do? Chairman McNosky
stated that there is a matter of a few feet between her and the Village.
Ron Ruthven replied the PUD developments allow for developments as
this.
Chairman McNosky questioned staff if Mr. Whitman could apply for a
zoning change? Ron Ruthven concurred.
Board member Munson stated to Mr. Whitman that there are certain
guidelines and regulations that the Board has to adhere to and this is not
one of them.
Ron Ruthven stated the applicant did try to get, at least to the rear, a
variance request from City Council, that was denied. He stated if the
developer would like to do a PUD for this development, he can apply for
it. He stated in a PUD request, waivers can be granted within the
ordinance for the PUD request. It is up to City Council to approve those
requests.
Chairman McNosky questioned staff regarding why was the variance
request to the rear denied by City Council? Ron Ruthven replied the
denial of the Special Use Permit request did not have anything to do with
City of Colleyville Page 6 Printed on 12/31/2007
Zoning Board of Adjustment Minutes -Draft December 11, 2007
the rear variance request. Mr. Whitman stated they could not separate
the two.
Ron Ruthven stated the Board may approve this contingent upon
anything that the Board would like. He stated the variance request could
be separated, the front and the rear request.
Board member Kenney moved to approve case A-07-021 to allow the
developer to use the TxDot right of way for a landscape buffer.
Board member Munson stated that motion could not be approved.
However, he stated it could be approved to reduce front setback
adjacent to Colleyville Boulevard.
Board member Kenney stated she is not making a motion based upon
TxDot approval.
Board member Moore stated this request is for two variances. He stated
the Board does not have the authority to split this into two cases.
Board member Kenney and Chairman McNosky both agreed that staff
has stated the Board may do so.
Ron Ruthven stated the public notice addressed the landscape buffer
requirements in general. He stated the Board can consider both as
separate issues.
Board member Munson stated the Board has placed conditions in the
past.
Board member Dellosso questioned Mr. Whitman if underground parking
has been considered? Mr. Whitman stated it had been considered,
however, he stated it was not recommended because of the water issues
in the area. He stated it would be more costly.
Board member Moore questioned Mr. Whitman if the parking could be
two story? Mr. Whitman replied yes, but that would be an even bigger
encroachment on the adjacent property owner.
Board member Reynolds and Mr. Whitman discussed the differences
between what could or could not be done if the variance is or is not
approved. Board member Reynolds stated he would like to help the
applicant, however, he stated wanting to make sure that what ever is
approved will stand up to the rules.
Board member Kenney moved to approve case A-07-021 with the front
landscape buffer be reduced to five feet and did not make a motion to
City of Colleyville Page 7 Printed on 12/31/2007
Zoning Board of Adjustment Minutes -Draft December 11, 2007
approved the rear request.
Board member Reynolds questioned Mr. Whitman regarding if the
motion is approved, will that solve part of the problem? Mr. Whitman
replied yes.
Chairman McNosky called for a second. Board member Reynolds
seconded the motion.
Board member Munson suggested a friendly amendment to the motion
being that a reduce of front setback adjacent to Colleyville Boulevard.
Both Board member Kenney and Board member Reynolds accepted the
amendment.
The motion carried by the following vote:
Aye: 4 -Kenney, Reynolds, Munson, McNosky
Nay: 1 -Moore
Board member Reynolds stated the second request was not denied.
Ron Ruthven stated the applicant will have to reapply for a variance
request regarding the rear buffer.
Mr. Whitman replied he would work with the adjacent neighbor to
see if they could work something out.
Chairman McNosky stated Mr. Whitman can work with staff
regarding the process. She stated both issues have been
seperated.
Board member Munson questioned Mr. Whitman if the underground
system will be gravity flow release or sump pumps? Mr. Whitman
replied gravity flow release.
Board member Munson suggested to Mr. Whitman that when he
goes to talk to the adjacent neighbor that a cross section elevation
be provided to him showing how the vertical elevations will be dealt
with on the subject property as it relates to his property. Mr.
Whitman agreed.
6.
REPORTS AND COMMENTS
Board member Reynolds stated that the timing on the former request
was appropriate. Chairman McNosky concurred.
City of Colleyville Page 8 Printed on 12/31/2007
Zoning Board of Adjustment Minutes -Draft December 11, 2007
7. ADJOURNMENT
The meeting adjourned at 8:17 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, December 6, 2007 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
City of Colleyville Page 9 Printed on 12/31/2007
~ ~ City of Colleyville Colle ~~Ile aTexas 76034
r7>f ii ~'~~i 3 _
(817) 503-1000
~~ ~ ~, Agenda Briefing vvww.colleyville.com
File Number:
File Type: Case
Status: Board Public
Hearing
Version: 1
Requester: Community
Development
Department
Agenda Date: 03/13/2008
Agenda No.: 5a
Controlling Body: Zoning Board of
Adjustment
Final Action:
File Name: Case A-08-002- Request for a variance from the regulations of the Colleyville Land
Development Code regarding fence height requirements in the front yard setback on Lots 1 R
and 2, Block 1 of the Wiggins Addition located at 5319 Bluebonnet
Attachments: Location and Zoning Map Notification List Application Documents Provided by
Applicant Schedule of District Regulations
History of Legislative File
Version: Date: Acting Body: Action Text:
1 03/13/2008 Zoning Board of
Adjustment
Title
Case A-08-002- Request for a variance from the regulations of the Colleyville Land
Development Code regarding fence height requirements in the front yard setback on Lots
1 R and 2, Block 1 of the Wiggins Addition located at 5319 Bluebonnet
Explanation
Applicant and property owners Elizabeth and Christopher Mann, of 5319 Bluebonnet Drive,
are requesting a variance to construct afive-foot brick and wrought-iron fence within the 40
foot front setback along Bluebonnet Drive. The fence is proposed to be constructed 26 feet
back from Bluebonnet Drive while asix-foot wrought-iron gate is proposed to be built 40
back from 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 in the AG-Agricultural zoning district and the
established building line setbacks are as follows:
Front Yard: 40 ft.
Side Yard: 25 ft.
Rear Yard: 40 ft.
The applicant is requesting the variance in order to better protect their children from traffic
City of Colleyville Page 1 Printed on 3/6/2008
Agenda Briefing Continued
on Bluebonnet Drive and to address security concerns by prohibiting persons from entering
their home who may mistake it for a business or public building.
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. The home is located 300 feet from Bluebonnet Drive and the Land
Development Code allows for a fence to be built behind the front building line, which in this
case is 40 feet, at a height of up to 8 feet upon the issuance of a building permit. Although
the applicant provides several rational reasons for requesting the variance to build the fence
26 feet from the street, staff does not recognize any hardship with regard to the request.
Recommendation
Denial
City of Colleyville Page 2 Printed on 3/6/2008
Location and Zoning Map
Notification List
OWNER OWNER
OWNER_NAME OWNER_ADDR OWNER CITY STATE ZIP SITUS_ADDR
Colleyville, City Of 100 Main St Colleyville TX 76034 5300 Blue Bonnet Dr
Rose, Darrell K Etux Jane D 5408 Janet Ln Colleyville TX 76034 5408 Janet Ln
Marth, Richard D Etux Kim F 1605 Royal Ln Colleyville TX 76034 1605 Royal Ln
Gray, Gregory E Etux Dena B 1603 Royal Ln Colleyville TX 76034 1603 Royal Ln
So, Chong S Etux Isun 1601 Royal Ln Colleyville TX 76034 1601 Royal Ln
Fleming, Charles E Etux Sheri 1509 Royal Ln Colleyville TX 76034 1509 Royal Ln
Jones, Richard J Etux Brandi 1507 Royal Ln Colleyville TX 76034 1507 Royal Ln
Tareen, Saleem Etux Saadia 1503 Royal Ln Colleyville TX 76034 1503 Royal Ln
Shad, Shabbir A Etux Shamshad 1505 Royal Ln Colleyville TX 76034 1505 Royal Ln
Reddy, Tarakumar & Geetha D 1501 Royal Ln Colleyville TX 76034 1501 Royal Ln
Leininger, Robret F Etux Susan 5406 Janet Ln Colleyville TX 76034 5406 Janet Ln
Stites, Kirk Lacey Etux Stacey 5404 Janet Ln Colleyville TX 76034 5404 Janet Ln
Ludwick, William P & Carol L 5319 Bluebonnet Rd Colleyville TX 76034 5319 Blue Bonnet Dr
Raquepo, Solomon Etux Florence 5402 Janet Ln Colleyville TX 76034 5402 Janet Ln
Farmer, Stephen J Etux Dianne 5305 Bluebonnet Rd Colleyville TX 76034 5305 Blue Bonnet Dr
Wiggins, Donita 5317 Bluebonnet Rd Colleyville TX 76034 5317 Blue Bonnet Dr
Arita, Michael J Etux Karon K 5400 Janet Ln Colleyville TX 76034 5400 Janet Ln
Farmer, Stephen Etux Dianne 5305 Bluebonnet Rd Colleyville TX 76034 5305 Blue Bonnet Dr
Mann, Elizabeth, applicant 5319 Bluebonnet Rd Colleyville TX 76034 applicant
President P.O. Box 978 Colleyville TX 76034 Kingswood HOA
Public hearing notices were mailed on Thursday, Feb. 28, 2008 by Amy Shelley.
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City of Colleyville
100 Main Street
Colleyville, TX 76034
817.503.1050
Community Development Services Application
^ Zoning Change ^ Preliminary Plat Zoning Variance (ZBA)
^ Special Use Permit ^ Final Plat ^ Sign Variance (SBA)
^ Planned Unit Development ^ Minor Plat ^ Special Exception
^ Site 8~ Landscape Plan ^ Amended Plat ^ Interpretation Appeal
Project Name:
Project Address (Location): ~ ~ ~
Legal Description: ~O~'~.~ t ~ ~ 2 (Mock..1 a~F ~k1~e.. W i ae t1n.S' Ad.d.
Proposed Number of Lots:
Gross Acres:
Existing Zoning: Q~ Proposed Zoning: AG
Existing Use: ~~dtan.-4; al _ Proposed Use: I~eslaLe~rt.~4t' crJ~-
rr ~~ ~~,,
~7. ~ ~ ~ ~~ .1 ~.L~.~ t~ ~- TeL_ 17 ~ ~("~ (r, D ~ Fax: c~
l~ Stote~ ZIP: Email:_~~ ~ ~ C~~C~.~
Applicant
^ Representative
O Prospective Buyer
~~T ~~
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Property Owner. t ~`~ ~` " "~'~0 ~~~ ~ '" t ~~ompany:'
Address: ~ 3 ~ ~ ` ~ UJ d 1"~~ Tel: ~'"l ~l )~__ ax: /
I~ ,~ I Email: ~ UJ ~ n C ~~" ~~
City. ~i Sta~ ZIP: ~ UFO i~ ~~ ~ j ~'" I~
Ownership Status: (check one)Individual ^ Trust ^ Partnership Or -Corporation
SIGNATURE OF APPLICANT (SIGN AND PRINT OR TYPE NAME)
SIGNATURE: Date: ~~~ ~ ~ y
SIGNATURE OF PROPERTY OWNER (SIGN AND PRINT OR TYPE NAME)
>/lI z-c,~e-t 1,--ti ~ ~~
SIGNATURE:
(Letter of author¢a n requxed it signature is other thon property owner)
The properly owner mast sign the application or submit a nohrized Ictter of authorization.
For Depart/^mentol Use Only
Cole #: /-1.-OS'~~Z
Totd feels)
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Receipt #: ~ ~' " `'
Dote Submitted:
Accepted By:
PubAc Hearing Date:
Rev: 0?_/07
AppgCCtion Requirements: fie applicant is requved to submit sufficient informotion that describes and justifies the proposal.
See appropriate checkilst and fee schedule for minimum requirements. Incomplete appllcaHons will not be processed.
c~~ o~ City of Cols
100 Main S.
® VARIANCE OR APPEAL APPLICATION eolleyvilleTx76o3
CHECKLIST 81.7.503.1050
Te:~s
• ~ • ~ •
Please answer the following questions as completely as possible. Failure to outline fully the situation by
answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be
attached if necessary.
Have you applied for a building permit? O'Yes O No
Have you filed an appeal or petition on this property before? OT1o ^ Yes
1. Completely describe the variance you are requesting. ~~~ ~i~.r/J~/ ,~~2~
2. Do similar conditions exist in the area? Explain. -- --
y .. _ ..
3. Describe how the unique conditions or circumstances do not result fr m our actions. __ _ ... _
4. Is there any way to do what you want without this request? -
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 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 constitute the approval of a building permit.
Applicant's Initials ~~~ Date 1l ~~o S
1. We are requesting to put a wrought iron fence along the front and south side of
our property. The fence would be set back 25 feet from Bluebonnet Dr. with a
driveway gate set back 40 feet from the street. The fence would be comprised of
24 inch high brick with 36 inch wrought iron on top. Total height 5 feet. There
would also be a 5 foot iron fence on the south side of our front yard between
ourselves and our neighbors at 5317 Bluebonnet. They have also expressed a
desire for a fence along Bluebonnet and we are working with them to see if a
matching fence is possible.
2. Yes, the subdivision to our right Kingswood Estates also has a brick and wrought
iron fence along Bluebonnet in front of the entrance to their subdivision set back
25 feet. Also the neighbor 2 houses to the south at 5305 Bluebonnet "High Mesa"
has a brick and wrought iron fence set back 25 feet from Bluebonnet. Our fence
would be in line with both of these fences to the north and south of our property.
3. Our house and our neighbors at 5317 Bluebonnet are the two Victorian Houses
built in the 1860's and moved to Colleyville in the 1980's. Each is on two acres of
land. Several times this year we have had strangers approach our house and
decide to walk in and "tour" our house without us being aware of their presence
until we found them on the second or third floor. One said they heard this was a
bed and breakfast and one thought it was going to be converted to a librairy or
museum. We have 3 small children and safety is a major concern. We are also
across the street from the Colleyville Center which hosts parties, weddings and
city functions with hundreds of guests. We want to know our children playing in
the yard are safe from whatever is going on across the street. Also our driveway
is long (300 feet) and slopes steeply into the street. Our children ride bikes,
scooters and rollerblades and have had difficulty on multiple occasions stopping
or slowing down before entering Bluebonnet. They have been nearly hit by cars
that cruise down the street at 30 mph. We have to stand at the street and
physically stop them in case they cannot slow down before the street. Our dogs
are well known to the Colleyville animal control officers located in the
Colleyville Center. We would like to control our pets and hope to get a horse in
the future. We moved to Colleyville for its safe family enviroment, good schools
and civic amenities. Due to our unique situation and location, those qualities do
not exist for my family and specifically children. I am submitting this request
before one of my children are injured. I am the Medical Director of the Cooks
Children's Hospital in Hurst and know far too well what can happen when
children are hit by a car.
4. No, We also love Colleyville for it's natural beauty and esthetics, and I believe
this type fence is the only way to both provide safety for my children and preserve
the existing feel of the neighborhood.
Sincerely:
Christopher M Mann MD
' S 00° 10'36" W Documents Provided by Applicant ROCK RET wALL
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