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HomeMy WebLinkAboutZoning Board of Adjustment Agenda Packets-05/09/2017City 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, May 9, 2017 City Council Chambers 7:00 PM CITY COUNCIL CHAMBERS  THIRD FLOOR  CALL TO ORDER PLEDGE OF ALLEGIANCE 1.APPROVAL OF MINUTES April 11, 2017 2.PUBLIC HEARING AGENDA ITEMS 2a Request  for  a  variance  to  Section  3.24.G,  Schedule  of  District Regulations  of  the  Land  Development  Code,  specifically  the  lot  coverage  and  side  yard  setback  requirements  on  Lot  26,  of  the  Community  Home  Addition,  located  at  1609  Cherry  Lane,  Case  VC17­004 3.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 5,  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, April 11, 2017 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 April 11, 2017 at 7:04 p.m. Roll Call Present: Board members Kimberly Holt, Richard Vallario, Dee Kamerman, Dee McNosky, Raymond Allee, Wayne Maynard, and Michael Deakin Staff Present: Shane Pace, Amy Shelley, Oscar Chavez, Taylor Schauwecker, and Araceli Botello 1.APPROVAL OF MINUTES Board member Maynard made a motion to approve the February 14, 2017 minutes as corrected. Board member Kamerman seconded. The motion to approve the February 14, 2017 minutes as corrected carried by the following vote: Aye: 5 – Kamerman, Allee, Maynard, Vallario, and McNosky 2.PUBLIC HEARING AGENDA ITEMS 4a Request for a variance to certain provisions of the Section 3.24.G, Schedule of District Regulation of the Land Development Code, specifically a variance to the front yard setback, on Lot 1A, Block 1, of the Mac’s Bar and Grill Addition, located at 5122 State Highway 121, Case VC17-003 Shane Pace presented the case and briefed the Board. The applicant, Julia Barth, 4810 Shadywood Lane, came forward and Zoning Board of Adjustment Minutes April 11, 2017 City of Colleyville Page 2 briefed the board. The public hearing was opened at 7:16 p.m. Brent Johnson, 5150 Highway 121, came forward and spoke in opposition to the case. Jon Ayers, 4808 Meandering Way, came forward and spoke in opposition to the case. Chad Bradford, 5100 Highway 121, came forward and spoke in opposition to the case. The following people wished to record their support but did not wish to speak: Opposition: Jim Bowyer, 5100 Highway 121 Inga Bowyer, 602 Llano Court, Southlake Wendy Edington, 5100 Highway 121 The applicant, Julia Barth, 4810 Shadywood Lane, came forward for a rebuttal before the board. Board member Maynard questioned applicant regarding water being redirected around the building for drainage. The applicant redirected the question to the architect. The architect, Sabrina Bala, 5307 East Mockingbird Lane, Dallas, came forward and briefed the board. The architect responded that the plans will be engineered and adjust the drainage to work around the building. She added that pushing the building against the property line would create less room and that would create more drainage challenges. Discussion continued regarding drainage. Board member Maynard questioned the applicant regarding owning the front lot a year from date. The applicant responded she has no plans to sell the lot, but could potentially sell it at any time. Discussion continued regarding potentially selling of the property and future tenants. Board member Holt questioned applicant on the number of employees Zoning Board of Adjustment Minutes April 11, 2017 City of Colleyville Page 3 working in the building. The applicant responded she has 12 employees and may have more, but no more than 20 employees. There being no one else wishing to speak, the public hearing was closed at 7:51 p.m. Board member Maynard made a motion to deny Case VC17- 003. In absence of a second motion, the motion died. Board member Kamerman opened discussion as to the request of the variance in regards to parking spaces for the proposed building. Staff responded the request is proposing the building to encroach 25 feet into the 40 foot front yard setback. Board member Kamerman questioned staff if parking spaces will be reviewed when the applicant submits the site plans. Staff confirmed. Staff added that the site plans will be reviewed for commercial, civil, building permit requirements and address parking, building height, setbacks, drainage, and international building codes. Board member Maynard questioned staff regarding the ability to relocate the building to a location on the lot that would not require a variance. Staff confirmed. Staff pointed to the exhibit and added if built within the foot print there would not be a variance requirement. Board member Holt questioned staff regarding the number of parking spaces if the building is set back. Staff pointed to the exhibit and added that it would eliminate parking spaces additional to the number of spaces replaced by the building. Board member Maynard questioned staff regarding parking spaces being replace in the front if the building is set back. Staff confirmed. Board member Kamerman made a motion to approve Case VC17-003. Board member Vallario seconded. The motion to approved Case VC17-003 carried by the following vote: Aye: 4 – Kamerman, Allee, Vallario, and McNosky Nay: 1 – Maynard Zoning Board of Adjustment Minutes April 11, 2017 City of Colleyville Page 4 4b Request for a variance to certain provision of Section 3.29-Parking Requirements of the Land Development Code, specifically a variance to the minimum number of off-street parking spaces, on Lots 2A & 3A, Block 1, of the Thompson Terraces Subdivision, located at 5017 Colleyville Boulevard, Case VC17-005 Shane Pace presented an update on the status of the case to the Board. He stated that the applicant has formally requested to withdraw and close the case, therefore no action needs to be taken by the board at this time. He went on to state that all property owners within 200 feet of the subject property have been notified of case being withdrawn. 5. ADJOURNMENT The meeting adjourned at 7:57 p.m. Minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on_______2017, 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 2a Agenda Date 05/09/2017 Number Type Public Hearing Agenda Items Department Community Development Title Request for a variance to Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically the lot coverage and side yard setback requirements on Lot 26, of the Community Home Addition, located at 1609 Cherry Lane, Case VC17- 004 Explanation Colin and Janice Travis, the property owners, have submitted a request for a variance to the maximum lot coverage and side yard setback at 1609 Cherry Lane. This request is a result of the homeowners wishing to construct a 6,566 square foot home on an existing platted lot which is less than the required 40,000 square feet for the R-40 district. Existing Conditions/Background: The subject property is a platted lot of the Community Home Addition and zoned R-40 Single Family Residential District. The subject property is generally located on the south side of Cherry Lane and east of Bluebonnet Drive. The subject property was previously developed with one single family residential home which was recently demolished. The subject property was platted in 1952 prior to the incorporation of the City of Colleyville. At this time the property was most likely in the City of Grapevine or its Extraterritorial Jurisdiction (ETJ). No zoning regulations were in place at the time the plat was approved. Therefore the creation of a 27 lot subdivision with a majority of the lots being less than 40,000 square feet was not an issue. However, the conditions on the ground today are not consistent with the zoning district in which the subdivision is located. This creates the potential for conflict and variance requests when a homeowner wishes to construct a large home during the redevelopment process. After review of the original variance request, staff determined that the most appropriate resolution would be to rezone the subject property to the R-20 district which is more closely aligned with the size of the existing platted lot. Rezoning the property would prevent the need for variances and allow the property owners to build a home commensurate to the surrounding homes and development patterns. Staff took the rezoning request to the April 10, 2017 Planning and Zoning Commission meeting where the request was denied by a vote of 4-1. Given the denial of the rezoning request, the only remaining course of action for the applicant is to request a variance from the Board of Adjustment. Zoning Board of Adjustment Agenda Briefing 2a City of Colleyville Page 2 Requested Variance: Request – The applicant is requesting two variances: 1.A variance to the maximum lot coverage for the R-40 district. The applicant has requested to increase the maximum lot coverage from 20 percent to 25 percent. 2. A variance to the side yard setback on the east property line. The applicant is requesting to encroach five feet into the required 15 foot side yard setback. Ordinance – Section 3.24.G Schedule of District Regulations requires a maximum 20 percent lot coverage and a minimum 15 foot side yard setback for the R-40 Single Family Residential district. Chapter 1 (General Provisions) of the Land Development Code authorizes the Zoning Board of Adjustment to grant variances to the minimum lot coverage and 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 – The subject property is a legal lot of record, however it does not meet the minimum requirements of the R-40 district. The total area for Lot 26 is 27,566 square feet. Given the limited area and the existing zoning, staff believes the applicant has presented a hardship due to the “specific parcel of land which differs from other parcels of land in the same district by being of such restricted area” The applicant desires to construct a single-story 6,566 square foot home on Lot 26. The maximum lot coverage allowed in the R-40 district is 20 percent, or 5,513 square feet. The proposed 6,566 square foot home would exceed the maximum lot coverage by 1,053 square feet. The total proposed lot coverage is approximately 24 percent. Based on this information the applicant has requested a variance to allow up to a maximum 25 percent lot coverage. The applicant also requests a variance to the side yard setback on the eastern property line to allow the building to encroach five feet into the required 15 foot side yard setback. The applicant contends the variance is necessary due to the desire to construct a single story home rather than a two story home. Again, staff believes the lot is more closely aligned with an R-20 lot and the applicant has presented a hardship Zoning Board of Adjustment Agenda Briefing 2a City of Colleyville Page 3 as defined by the Land Development Code. Should the variance request be denied, the applicant will be required to comply with all of the zoning regulations for the R-40 district. Essentially, the applicant will be limited to a maximum of 5,513 square feet (footprint, under roof) and also be required to comply with the 15 foot side yard setbacks on the subject property. Surrounding Development: The properties to the north, south, and west are zoned R-40 Single Family Residential district and developed with single family homes. The properties to the east are zoned R-20 Single Family Residential 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 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 presented a hardship on the subject property as defined in the Land Development Code. The subject property “differs from other parcels of land in the same district” due to the limited area of the lot. The requested variance should not adversely impact the surrounding properties, and any future development will be required to comply with all development regulations. Staff recommends approval of the request. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Statement of Planning Objectives 4.Plat Exhibit 5.Proposed Site Plan 6.Proposed Building Elevation 7.Surrounding Lot Sizes 8.Notification Map 9.Notification List CH E L S E A CHERRY AVALON ARTHUR 1700 5101 1609 5105 5111 1604 16121608 5013 5008 5104 5100 5012 5016 1600 1704 1704 5108 1705 1705 1705 1704 1708 5004 VC17-004 1609 CHERRY LANE Subject Property I 1 inch = 104 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 CH E L S E A CHERRY AVALON ARTHUR 1700 5101 1609 5105 5111 1604 16121608 5013 5008 5104 5100 5012 5016 1600 1704 1704 5108 1705 1705 1705 1704 1708 5004 R-40 R-20 VC17-004 1609 CHERRY LANE Subject Property R-20 Single Family Residential (20,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) I 1 inch = 104 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 We would like to request the following variances on the property located at 1609 Cherry Lane, Colleyville, Lot 26, Community Home Addition. Per the City of Colleyville, Lot 26 of Community Home Addition is “A Lot of Record that can be developed”. Lots 10-27 of Community Home Addition shown on the attached are all less square footage than R-40 requires, with the exception of two lots. Lot 26 is 27,566 sq ft. We are requesting a variance from the 20% maximum lot coverage, to enable us to build a house in keeping with the adjoining neighbor properties. We are requesting a variance from 20% lot coverage to 25% lot coverage. The total slab of the proposed house is 6566 sq. ft., which is 23.8 % lot coverage of 27,566 sq. ft. We are requesting a variance from the 15 ft setback on the east side of the property. In order to build a house in keeping with the adjoining neighbors we are requesting a 10 ft set back on the east side of the property. We are requesting a variance from 15 ft. setback to a 10 ft. setback on the east side of the property. The present house, which is being demolished, at 1609 Cherry Lane is 10 ft from the eastern property line. Statement of Planning Objectives    Plat Exhibit Pr o p o s e d B u i l d i n g E l e v a t i o n 129808 57978 56233 47794 41848 428144270642634 42109 42000 41889 41843415664079540616 35089 35063 33782 34048 33577 33871 33776 33392 33146 33032 32798 32557 27428 26436 26267 24953 24329 23665 23375 22819 22688 22325 21856 21285 2098720793 20736 19988 19851 19630 19503 19042 18980 18914 18900 18601 GLADE RO S E CHERRY BL U E B O N N E T CH E L S E A AVALON ARTHUR BE H R E N S AVONDALE CO V E N T R Y MA N N I N G ST A F F O R D BE H R E N S 5209 1700 1504 5305 5019 4916 5101 1609 5013 1717 5101 1608 151215041508 1600 5105 1604 16121500 1612 1608 1412 1721 1713 1701 4900 5301 4901 1416 4900 1500 5111 5016 5104 1505 5004 1509 4905 5108 5008 4901 1600 5100 5012 5208 1604 4900 4904 5005 5009 1704 5008 5108 5000 5104 1317 5100 5012 1708 5004 5016 1708 1704 1704 5117 5200 1708 5017 5204 1704 1708 1709 1705 1705 1705 1709 1709 4808 5121 1712 4805 1712 1713 1713 1712 1713 1405 5201 5005 5013 48084809 48094808 5011 5009 5205 5200 1315 5205 1400 4912 5201 5013 5009 5005 5017 5001 4901 4905 5125 5021 5121 5117 5113 5109 5101 5105 5212 5205 1408 VC17-004 1609 CHERRY LANE Subject PropertyLot_Size Greater than 40,000 sq. ft. 30,000-39,999 sq. ft. Less than 30,000 sq. ft. I 1 inch = 250 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. SURROUNDING LOT SIZES GLADE RO S E CH E L S E A CHERRY AVALON ARTHUR AVONDALECO V E N T R Y BE H R E N S 1700 5209 1504 5101 1609 5013 15121508 1600 5105 1604 16121608 1713 1504 5019 5111 5016 5104 5004 1509 5108 5008 1600 5100 5012 1604 1608 1612 5121 5005 5009 1701 1704 5008 5108 5305 5000 5104 1717 5208 1721 5100 5012 1708 5004 5016 1708 17121704 1704 1712 5117 5200 1712 1708 5204 1704 1713 1708 1716 17131709 1713 1705 1705 1705 1709 1709 5201 1716 4916 1716 1717 1717 1716 1717 1713 4904 1505 1500 49014901 VC17-004 1609 CHERRY LANE Subject Property 200ft Buffer Properties within 200ftI1 inch = 208 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 HERRON, DAVID 5105 ROSE ST COLLEYVILLE, TX 76034 5105 ROSE ST PAYNE, ELEANOR MARIE 6983 COX LN NORTH RICHLAND HILLS, TX 76182 1609 CHERRY LN HARRINGTON, D NEAL 5012 CHELSEA DR COLLEYVILLE, TX 76034 5012 CHELSEA DR DUCIC, YADRANKO 1700 GLADE RD COLLEYVILLE, TX 76034 1700 GLADE RD HICKEY, BRIAN DOUGLAS 5100 CHELSEA DR COLLEYVILLE, TX 76034 5100 CHELSEA DR PERRY, STAN 5111 ROSE ST COLLEYVILLE, TX 76034 5111 ROSE ST ROGERS, NANCY JO 1612 CHERRY LN COLLEYVILLE, TX 76034 1612 CHERRY LN MANGHAM, WEBSTER M 5008 CHELSEA DR COLLEYVILLE, TX 76034 5008 CHELSEA DR STROUD, ROBERT G 5101 ROSE ST COLLEYVILLE, TX 76034 5101 ROSE ST MILLER, TRACY S 5108 CHELSEA DR COLLEYVILLE, TX 76034 5108 CHELSEA DR ROGERS, NANCY 1612 CHERRY LN COLLEYVILLE, TX 76034 1608 CHERRY LN PHILLIPS, DEAN F PO BOX 610411 DALLAS, TX 75261 1604 CHERRY LN KING, MARY 5016 CHELSEA DR COLLEYVILLE, TX 76034 5016 CHELSEA DR BURAL, LYNN 5104 CHELSEA DR COLLEYVILLE, TX 76034 5104 CHELSEA DR FIRST ELB LIMITED INC 5104 CHELSEA DR COLLEYVILLE, TX 76034 5104 CHELSEA DR CHELSEA PARK HOA 1816 AVONDALE DRIVE COLLEYVILLE, TX 76034 COURTESY NOTICE TRAVIS, COLIN AND JANICE 4701 JIM MITCHELL TR. WEST COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, April 21, 2017 by Araceli Botello Notification List LO +� � ca cn O � CL O U a. CY) � O O O LO +� � ca O +-J 0. U (1) •� E � Q O O W J 1 L J Q) D N .o Mo Q L 0 C6 Q 0 O N 0 u _m Q. CSA Ln lD N O J Ln 0 i kill, m A* O Ow - 0 O N O J u I s�. N V) N N r -i N O N 0 u _m Q. CSA Ln lD N O J Ln 0 i kill, m A* O Ow - 0 O N O J u I s�. 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O �, U O c y- Ln t�N U .- M N � • s • O U ��� i O 0 f6 � E U 0 O 0 • _ 1 ,O U '~ co � h Q lD � � O o = Jc >% k.o E E o U a� E 0 .=3 cr -F� 0 0 Ln L 0 v ^^E, . _ N E a� 4 L � N LL J 4-1 .i Qj O (n • � 0O w Q — •- o O E = •� �_ C6 V O Ln •?�, cn Ln Q _� O > > i U L C O i- .® U J U U 0 v V O w -� U O O 0 0 0 U U y- • • o Date: 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: osupport ❑opposition Agenda Item Number: Name: Address: y 77 3 City: r I °` I P _ State Zip Code: `l 2 Telephone Number: Representing: (organization/self) 1 understand 1 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 r.�rdanc�wi�b l Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: SPEAKER CARD Date: 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: osupport ❑opposition Agenda 14 Number: Name: HUUrC A - �� . Z;�State: � Zip Code: City: �, �Jj Telephone Number: w" t `� $ Representing: (organization/self) I understan 1 a limited speakin or five minutes. For busines not 1' don g da a ublic ring, the ZBA or SBA will not respond in accordance ith t e xa p r/ Me ay�Ch ter 551 of the Texas Local Government Code. is a Date: 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:�4' r Name: �2 Pe -r Address: City: Telephone State: �_ Zip Code: _ L �— cj Representing: (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 Mee gs Law, Chapter 551 of the Texas Local Government Code. Signed: This informati is aPublic Record. Date: S'— 7�l-7 SPEAKER CARD I 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 W -P -position Agenda Item Number: L/C% 7 �v i Name: V"" M4 Address: City: " ` /C. / S ate: Zip Code: /_ -- Telephone N tuber: % 92, 3I Representing: (organization/self) I 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 Meetings4,aw„¢j*ptet 551 of the Texas Local Government Code. Signed: a Public Record. Date: 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: VL /I -6o / Telephone Number: U✓ /-T) 3'c(3 -00,555' Representing: (organization/self) I 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 Oppn Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: Record. Date: J /0 -AD / 7 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: VC! 1 7 - oo 4 Name: i1✓r4Gl G�/CER S Address: City: C e�Q,Le.�� +' f State: 7'X " Zip Code: Y 7 Telephone Number: W ( 7) epresenting: (organization pelf) I 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: Record.