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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-4/29/2008 (2)City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. colleyville. com c'.~w t,r _~ ~'~~ ~~ ~`~- t t r±~.~~+ Meeting Agenda Tuesday, April 29, 2008 7:00 PM City Council Chambers Zoning Board of Adjustment 100 Main Street "'' "r City of Colleyville Colleyville, Texas 76034 -~. ~"~; '`--- -~° ~ (817) 503-1000 '°`S Meeting Agenda ~-colleyville.com ~-a Zoning Board of Adjustment Tuesday, April 29, 2008 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES March 13, 2008 5. RECOGNITION OF OUTGOING MEMBERS Uton Dellosso, Alternate 2 6. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBER Jim Gotcher, Alternate 2 7. AGENDA ITEMS 7a Case A-08-003- Request for a variance from the regulations of the Colleyville Land Development Code regarding front setback requirements Lot 19, Block D of the Mill Creek Addition located at 212 Mill Wood Drive 8. REPORTS AND COMMENTS 9. A,pJOURNMENT I here certify th bove agenda was posted on the bulletin boards at City Hall on Friday, April 25, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 4/16/2008 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www, Colleyville. com ('.! it' tll! !r `k ~~ ~` (!:ti r.~' Minutes -Draft Thursday, March 13, 2008 7:00 PM City Council Chambers Zoning Board of Adjustment "~` City of Colleyville Minutes -Draft ,~~ Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Thursday, March 13, 2008 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 March 13, 2008 at 7:00 p.m. 2. ROLL CALL Present: Board members Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky and Kevin Sams (Alternate 1) Absent: Board members Lisa Kenney and Vacant (Alternate 2) Staff Present: Ron Ruthven and Amy Shelley 3. 4. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Board member Reynolds moved to approve the December 11, 2007 meeting minutes as written. Board member Moore seconded. The motion carried by the following vote: Aye: 5 -Reynolds, Moore, Munson, McNosky, Sams, Alt. 1 Absent: 1 -Kenney 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 Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:05 p.m. Chris Mann, the applicant, presented the case and briefed the Board members. Board member Reynolds questioned Mr. Mann regarding if there were any inherent hardships associated with the request? Mr. Mann replied City of Colleyville Page 1 Printed on 4/16/2008 Zoning Board of Adjustment Minutes -Draft March 13, 2008 no, only the safety of his children and family with regards to people coming inside their home when no one was home, mistaking the home for a bed and breakfast. Board member Moore questioned Mr. Mann regarding what type of materials would be used to construct the fence? Mr. Mann replied they would be using wrought iron with brick. He stated the brick would be about two feet in height with wrought iron across the top. He stated the total height of the fence would be about five feet. There being no one wishing to speak, the public hearing was closed at 7:16 p.m. Board member Moore moved to approve case A-08-002. Board member Sams seconded. Board member Munson stated there is a safety concern with regards to placing the fence 40 foot from the road. He stated it would create a hidden pocket with the adjacent subdivision fence which could allow for someone to climb the fence into the adjacent yard without being seen. Board member Sams concurred with Board member Munson and stated the tree that is closest to the proposed gate could be compromised if the gate or fencing where to be moved closer to it. Chairman McNosky concurred with Board member Sams with regards to the tree being compromised. The motion carried by the following vote: Aye: 4 -Moore, Munson, McNosky, Sams, Alt. 1 Nay: 1 -Reynolds Absent: 1 -Kenney 6. REPORTS AND COMMENTS Ron Ruthven informed the Board members that the City Council would be assigning the vacant position on the Board during the City Council meeting to be held on April 1, 2008. 7. ADJOURNMENT The meeting adjourned at 7:20 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, March 7, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 4/16/2008 `"`~~=., 100 Main Street ' ~~ , ~ City of Colleyville Colleyville, Texas 76034 (817) 503-1000 ~a~~" Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Board Public Hearing Version: 1 Requester: Community Development Department Agenda Date: 04/29/2008 Agenda No.: 7a Controlling Body: Zoning Board of Adjustment Final Action: File Name: Case A-08-003- Request for a variance from the regulations of the Colleyville Land Development Code regarding front setback requirements Lot 19, Block D of the Mill Creek Addition located at 212 Mill Wood Drive Attachments: Location and Zoning Map Application Documents Provided by Applicant History of Legislative File Version: Date: Acting Body: Action Text: 1 04/08/2008 Zoning Board of Adjustment 1 04/29/2008 Zoning Board of Adjustment Title Case A-08-003- Request for a variance from the regulations of the Colleyville Land Development Code regarding front setback requirements Lot 19, Block D of the Mill Creek Addition located at 212 Mill Wood Drive Explanation Update Due to the lack of a quorum, this Applicant and property owners Amanda Leung and Cheong-Wai Ho, of 212 Mill Wood Drive, are requesting a variance to construct a second floor balcony on to the front of their house. The proposed balcony will extend into the required front yard by approximately 4 feet. Section 3.28 E of the Land Development Code requires every part of a required yard to be open to the sky except where allowed by said section. In this case, balconies are allowed to extend into a required side yard, but not into a required front yard. The designated zoning of this property is in a PUDR-Planned Unit Development Residential zoning district and the established building line setbacks are as follows: Front Yard: 30 ft. Side Yard: 10 ft. Rear Yard: 25 ft. City of Colleyville Page 1 Printed on 4/16/2008 Agenda Briefing Continued The applicants are requesting the variance to accommodate for one of their parents. Public Notification. Staff mailed notices to 15 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. This is a corner lot and the front building line forms an arc along the entire street frontage. Corner lots can pose a problem for developers and homeowners because two lot boundaries are treated as front yards, increasing the required yard space and effectively reducing the buildable area on the property. However, staff does not recognize any hardship with regard to this request. Recommendation Denial City of Colleyville Page 2 Printed on 4/16/2008 Location and Zoning Map ~-~ e. re,^• m h O *'1 4 h • Ciry of Colleyviile 100 Main Street Colleyville,'TX 76034 817.503.1050 Community Development Services Application Preliminary Plat Zoning Variance (ZBA) ^ Zoning Change ^ Sign Variance (SBA) ^ Special Use Permit ^ Final Plat ^ Special Exception ^ Planned Unit Development ^ Minor Plat ^ Amended Plat ^ Interpretation Appeal ^ Site 8~ Landscape Plan Project Name: t ~~ ' " ?~1 Z ~~ I ~ ~ ,.1~`~ ~r ~ ~~ Project Address (Location): ~ ~., Legal Description: 1 L l ~rrz~ ~ ~ J ~ ~ ~ Y ~ I ~~ - Proposed Number of Lots: Gross Acres: C'~~ ~~ Existing Zoning: Proposed Zoning: Existing Use: ~ ~'~ cJvv~ ` ~ Proposed Use: ADDIiCatiOn RP.aU~rerrlent5: The applicant is required to submit sufficient information thot describes and justifies the proposal. See approprto#e checklist and fee schedule for minimum requtremenh. Incomplete applicafions will not be processed. --- ~~rnt3~ y ~at. Company: _ Applicant: ~~~~ Address: ~ oZ r ~ 1.~ ~ -------- ' City: State: Z1P: Email: • s.. vCi 0 i O a .~ C 4 • W V W 0 V O Applicant's Status: (check ora) ~ Ovmer ^ Representative ^ Tenant ^ Prospective Buyer v - , Property Owner: ~ Company: f G~ ~ TeI.~I (F gZfl~~ Fax:/Y~ 2~'~ ~~~d Address: ~ ~- ~1 ~ w ~~ t/G~ - Stater ZIP ~ ~ Email: City: Ownership Status: (check one) ^ individual ~ Trust ^ Partnership ^ Corporation SIGNATURE OF APPLICANT (S1GN AND SIGNATURE: SIGNATURE OF SIGNATURE: (letter of ai The property owner For Deponrfinenfo! Use Only OR TYPE NAME) Cose tt: A -dR' O~3 ~_Date: ~ ~ Z 6 ~ 1 L5[so Total Feeis): a notarized letter of ant6orization. Receipt #k: Date Submitted: 'J 1 ~ oB' Accepted By: ~- - Pubic Hearing Oate: Rev: 02/07 vonadDTll nwNER lSiGN AI~10 PRINT OR TYPE NAME) City of Cotieyvwe ~,,,.„ 100 Main Street ® VARIANCE OR APPEAL APPLICATION ColleyvilleTx76034 ~+ CHECKLIST st~.so3.ioso Tease answer the fallowing questions as completely as possible. Failure to outline iullAya tional pages may be answering these questions could cause unnecessary delay in evaluating your app attached if necessary. Have you applied for a building permit? O Yes ~ No Nave you filed an appeal or petition on this property before? 5P' No ^ Yes U„ /1 ' .n DlJ1.I.1L ~ ~~ 1. Completely describe the variance you are requesting: Q ~u~r. ~ _Av rti.~ ~ ~ ~~- ~ ----- ~~ ~ ~ ~ i~ ~, ~ 1 'h?,'p~ Gassrnsl Guest, 2. Do similar conditions exist in the area? Explain. ~~ 5 ~ ~ T v ~-~ev 3. 6 05 r,,...•.r:F.n h.,w tha ~~niaue conditions or circumstances do not result from your actions. ____.._._._..._..._._...__ _.._ W i ,1-S Acknowledgments Qr 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. understand that in the event that I a ca~it of thencaseeorr after the hearingband that sutch d sm ssalashall cons lute a to dismiss this proposal either at the denial. 1 reserve the right to withdraw this proposal at let sloe alplo roceed ngs~. I unde stand the fifng fee is nnot efundable Department, and such withdrawal shall immedia y P P 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. ~• Date ~~/° Applicants Initials - O/1 p CtC.c~ ~ ~rl D~ 1JLin ~ 4. Is there any way to do what you want without this request? /U~ 2D utJ-Z n ~/ L ~.. / A ~w De..Y wii/ w~~/V 0 QJ ~~CKJr!C: Documents Provided by Applicant .__ SCALE: 1 " = 20' rte: wt ME St~oc~AE cEP? eCOQC b. ._ b(ILL CREEK ESTATES --•--~- CAB. A, SLD. 1162 • ~_ ~~ P.R.T.C.T. i s oRC. ~ "~ ~i.p~z S89'25'28"E 116.66 ~ x ~- __ ~ -~- --- - - - ~7i z 0 o.~ .....:...... _............ N R ~ F o ~- r ~ WNr °~~~a ._........ J < '~ V N89'22'3f "W 39.58 sET ~~ G~G- ~~ j ~~ ~o . ~• ~~ .Q O .~ U z ~ ~ ~~~ o ~ ~ o 0 0. 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