HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-8/12/2008City of Colleyville
city Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
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Meeting Agenda
Tuesday, August 12, 2008
7:00 PM
City Council Chambers
Zoning Board of Adjustment
_~~~~~~~ City of Colleyville
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Zoning Board of Adjustment
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, August 12, 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, Kevin Sams (Alternate 1) and Jim Gotcher (Alternate 2)
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES
June 10, 2008
5. AGENDA ITEMS
5a Case A-08-007- Request for a variance from the regulations of the
Colleyville Land Development Code regarding fence height requirements
in the front yard setback on Lot 4, Block 5 of the Western Trails Addition
located at 7400 Windswept
6. REPORTS AND COMMENTS
7. A@JOURNMENT
I hereb~l ertify the~bove agenda was posted on the bulletin boards at City Hall
on Thursday, August 7, 2008.
Amy Shelley, Planning and Zoning Assistant
City of Colleyville Page 1 Printed on 7/1f~2008
City of Colleyville
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
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Minutes -Draft
Tuesday, June 10, 2008
7:00 PM
City Council Chambers
Zoning Board of Adjustment
,~~ .~ City of Colleyville
~'~~ Minutes -Draft
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Zoning Board of Adjustment
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, June 10, 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 June 10, 2008 at 7:05 p.m.
2. ROLL CALL
Present: Board members Skip Reynolds, Rich Munson, Dee McNosky
and Jim Gotcher (Alternate 2)
Absent: Board members Lisa Kenney, Ed Moore and Kevin Sams
(Alternate 1)
Staff Present: Ron Ruthven, Justin Bass and Intern, Sarah Coplen
3.
4.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Board member Reynolds moved to approve the April 29, 2008 meeting
minutes as written. Board member Munson seconded.
The motion carried by the following vote:
Aye: 4 -Reynolds, Munson, McNosky, Jim Gotcher, Alt. 2
Absent: 3 -Kenney, Moore, Sams, Alt. 1
5.
AGENDA ITEMS
5a Case A-08-005- Request for a variance from the regulations of the
Colleyville Land Development Code regarding fence height requirements
in the front yard setback on Lot 1 R, Block 1 of the Wines Addition
located at 201 West L.D. Lockett Road
Justin Bass presented the case and briefed the Board members.
Chairman McNosky opened the public hearing at 7:06 p.m.
Carol Montgomery, 201 W. L.D. Lockett Road, applicant, came forward
to present the case and brief the Board members.
Board member Reynolds questioned Mrs. Montgomery regarding why
City of Colleyville Page 1 Printed on 6/12/2008
Zoning Board of Adjustment Minutes -Draft June 10, 2008
does the fence have to be 42 inches tall as opposed to 30 inches tall?
Mrs. Montgomery replied she was told by the permitting department that
she would be allowed to build a 2 1/2 foot fence. Justin Bass stated Mrs.
Montgomery was told 30 inches.
Chairman McNosky questioned staff regarding if there are two variances
being applied for, one, the placement of the fence and two, the height of
the fence? Justin Bass replied just the height.
Chairman McNosky stated she understood that Mrs. Montgomery would
like to have something taller so that it could be visible for SUVs and taller
vehicles. Justin Bass concurred.
Board member Reynolds questioned staff regarding how is it that the
neighbors are building fences that are similar situated? Justin Bass
replied many of the lots are within a subdivision that would allow for the
perimeter fencing. Ron Ruthven stated the one lot subdivisions have a
provision in the Land Development Code that allows the perimeter
fencing. He also reminded the Board of a fence variance that was
recently approved down the street from this request. Mrs. Montgomery
had pictures of it to show the Board.
Board member Reynolds questioned staff regarding if that fence is on
the same build line? Chairman McNosky replied it is on the property
line.
Board member Gotcher questioned staff regarding if the picture
presented is the fence that received the variance approval? Ron
Ruthven replied no, that lot is a one lot subdivision that is allowed to
have the taller fencing. He stated the one that the Board approved is on
a different location on LD Lockett Road and was approved for Mr.
Labreque at six feet.
Board member Reynolds questioned staff regarding if the fence is built
as requested, will there be any visibility issues? Ron Ruthven replied
Mrs. Montgomery was made aware of the 25 foot visibility triangle
requirement and has agreed to the requirement.
Board member Reynolds questioned Mrs. Montgomery regarding what
will the fence look like once it is constructed? Mrs. Montgomery
presented pictures that represent what the fence will look like.
Board member Reynolds questioned Mrs. Montgomery regarding if they
built the house or did they purchase the house already built? Mrs.
Montgomery replied they built the house.
Board member Reynolds questioned Mrs. Montgomery regarding if they
City of Colleyville Page 2 Printed on 6/12/2008
Zoning Board of Adjustment Minutes -Draft June 10, 2008
purchased the lot with the current configuration? Mrs. Montgomery
replied no, about a year after the purchase of the lot, they purchased a
little more which gave the lot the current configuration.
Board member Reynolds questioned Mrs. Montgomery regarding what is
the hardship? Chairman McNosky offered a suggestion that based on
the lots in the area, they assumed that they would be able to build a
fence similar to the ones in the area. Board member Reynolds
questioned Mrs. Montgomery regarding what is the hardship? Mrs.
Montgomery replied because the lot is on the curved street, the traffic is
a major issue. She stated the lots in the area have placed fences
around the properties because the traffic is dangerous. Chairman
McNosky stated there is a tree that would be compromised as well. Mrs.
Montgomery concurred.
Board member Reynolds questioned staff regarding if there would be
any way possible for this lot to be rezoned or reclassified as a
subdivision? Ron Ruthven replied the lot is currently platted in a two lot
subdivision. He stated this lot is not adjacent to unplatted property that
she would be able to bring into her property.
Board member Reynolds questioned staff regarding if anyone has
complained about this proposal? Ron Ruthven replied no.
Board member Reynolds stated staff recommended denial, however, will
this create any hardship within the community if the request were
approved? Ron Ruthven replied no, as long as the fence meets the
code regarding the visibility requirement.
Board member Munson questioned staff regarding where would the 25
foot visibility triangle come into place with this lot? Ron Ruthven replied
at the corner of Bettinger and LD Lockett Road.
Board member Munson questioned Mrs. Montgomery regarding the
entrance to the driveway? Mrs. Montgomery replied they do not wish to
put a gate on the driveway.
Board member Munson questioned Mrs. Montgomery regarding if the
visual barrier will protect the property from the traffic? Mrs. Montgomery
replied yes.
Chairman McNosky questioned staff regarding if there is a curve traffic
sign at this location? Ron Ruthven replied not knowing, but that he could
check.
Board member Munson replied as well as a driveway sign.
City of Colleyville Page 3 Pnntea on a~ucvvo
Zoning Board of Adjustment Minutes -Draft June 10, 2008
Board member Gotcher replied as well as traffic reflectors on the
roadway down the middle line. Mrs. Montgomery replied there is not a
middle line.
Board member Munson questioned Mrs. Montgomery regarding what is
the topo like in the back yard? Mrs. Montgomery replied fairly flat with
about 55 trees.
There being no one wishing to speak, the public hearing was closed at
7:28 p.m.
Board member Reynolds moved to approve case A-08-005 with the
understanding that the applicant will observe the 25 foot visibility triangle
requirement as well as there be no gate on the driveway entrance. He
stated the gate will cause a different safety hazard. He stated the
questions and comments regarding the placement of a potential gate
would need to be referred to staff. Board member Munson seconded.
The motion carried by the following vote:
Aye: 4 -Reynolds, Munson, McNosky, Jim Gotcher, Alt. 2
Absent: 3 -Kenney, Moore, Sams, Alt. 1
5b Case A-08-006 - Request for a variance from the regulations of the
Colleyville Land Development Code regarding rear and side setback
requirements on Lot 6, Block 4 of the Saddlebrook Addition located at
4309 Brookhollow Drive
Justin Bass presented the case and briefed the Board members.
Board member Reynolds questioned staff regarding if the structure were
to be constructed without the breezeway, would the applicant be
required to come before the Board? Justin Bass replied no, however,
they would be required to receive a Special Use Permit from the
Planning and Zoning Commission as well as City Council.
Board member Reynolds questioned staff regarding what would the
applicant have to show to the Planning and Zoning Commission as
justification for the need of the structure? Ron Ruthven replied there are
no hardship requirements when presenting the case. He stated the
applicant would be requested to justify why they are in request of the
large building. The request would be presented to the Planning and
Zoning Commission as well as City Council.
Board member Reynolds questioned staff regarding if there have been
any requests made, similar, in the last 24 months for the Planning and
Zoning Commission regarding residential property? Ron Ruthven replied
yes, 3 at least, 2 within the last six months, that were approved by City
City of Colleyville Page 4 Printed on 6/12/2008
Zoning Board of Adjustment Minutes -Draft June 10, 2008
Council.
Board member Reynolds questioned staff regarding what were the
conditions on which the request was approved by City Council? Ron
Ruthven replied the conditions that are considered are whether or not
the structure affects the surrounding neighbors and that there be no
living quarters within the structure.
Board member Reynolds questioned staff with regards to this request,
would it meet or violate that criteria? Ron Ruthven replied as an addition
to the home, it would be considered as part of the home, but not as a
separate residence. As a detached structure, it could not be taller than
the main structure and it can not be a separate residence.
Chairman McNosky stated this request is an attached structure with
setback encroachments.
Chairman McNosky opened the public hearing at 7:37 p.m.
Brad Rogers, 4309 Brookhollow Drive, applicant, came forward to
present the case and brief the Board members.
Board member Reynolds questioned Mr. Rogers regarding how long has
he lived there? Mr. Rogers replied 10 years.
Board member Reynolds questioned Mr. Rogers regarding what will be
behind the breezeway? Mr. Rogers replied there is a three car garage
with a workshop on the end of it.
Board member Reynolds questioned Mr. Rogers regarding what
materials will the structure be constructed? Mr. Rogers replied brick, just
like the home.
Board member Reynolds replied that structure will improve the tax base
of the community.
Chairman McNosky replied this will not affect the neighbors and that the
character of the house will remain in tack.
Board member Reynolds stated the shape of the lot is the hardship.
There being no one wishing to speak, the public hearing was closed at
7:49 p.m.
Board member Reynolds moved to approve case A-08-006. Board
member Gotcher seconded.
City of Colleyville Page 5 Printed on 6/12/2008
Zoning Board of Adjustment Minutes -Draft June 10, 2008
The motion carried by the following vote:
Aye: 4 -Reynolds, Munson, McNosky, Jim Gotcher, Alt. 2
Absent: 3 -Kenney, Moore, Sams, Alt. 1
6. REPORTS AND COMMENTS
None
7. ADJOURNMENT
The meeting adjourned at 7:50 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, June 5, 2008 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
City of Colleyville Page 6 Printed on 6/72/2ooi3
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~ ~~ ~ City ~f Co~~eyvi~~e City Hall
100 Main Street
Colleyville, Texas 76034
"~~~~ Agenda Briefing s17.5o3.1000
www.colleyville.com
File Number:
File Type: Case
Status: Board Public
Hearing
Version: 1
Requester: Community
Development
Department
Agenda Date: 08/12/2008
Agenda No.: 5a
Controlling Body: Zoning Board of
Adjustment
Final Action:
File Name: Case A-08-007- Request for a variance from the regulations of the Colleyville Land
Development Code regarding fence height requirements in the front yard setback on Lot 4,
Block 5 of the Western Trails Addition located at 7400 Windswept
Attachments: Location and Zoning Map Application Photo Exhibits from Applicant Exhibit
History of Legislative File
Version: Date: Acting Body: Action Text:
08/12/2008 Zoning Board of
Adjustment
Title
Case A-08-007- Request for a variance from the regulations of the Colleyville Land
Development Code regarding fence height requirements in the front yard setback on Lot 4,
Block 5 of the Western Trails Addition located at 7400 Windswept
Explanation
The applicant, Dan Hetley, of 9525 Dickson Road, Ft. Worth, is requesting a variance to
construct a 5-foot tall wrought iron fence with 6-foot masonry columns within the 35-foot
front setback along Windswept Trail. The lot is currently vacant and the applicant proposes
to construct the fence as part of a new home.
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 a R40-Single Family Residential zoning district
and the established building line setbacks are as follows:
Front Yard: 35 ft.
Side Yard: 15 ft.
Rear Yard: 25 ft.
The applicant is requesting the variance in order to improve the value of the property within
City of Colleyville Page 1 Printed on 8/7/2008
Agenda Briefing Continued
the subdivision.
Public Notification. Staff mailed notices to 11 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 proposed home to be constructed is planned to be located directly along the
35-foot front building line. The Land Development Code allows for a fence to be built
behind the front building line, which is 35 feet, at a height of up to 8 feet upon the issuance
of a building permit. Staff does not recognize any hardship with regard to the request.
Recommendation
Denial
City of Colleyvil/e Page 2 Printed on 8/7/2008
Location and Zoning Map
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City of Coiteyville
100 Main Street
Colieyville, TX 76034
817.503.1050
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
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Project Name:
Project Address (Lc
Legal Description:
Proposed Number of Lots: ~ Gross Acres: >/ ~ ~ ~ ~
Existing Zoning: ~ ~ U Proposed Zoning: IQ `t _~
Existing Use: /!/ /~ S `t~ ~- H S ~- Proposed Use: S ~ -~-t
Apt711catlop, R~guirements: The applicant is required to submit sufficient information that describes and justifies the proposal.
See appropriate checkt{st and fee schedule for minimum requirements. Incomplete appltco8ons wIN not be processed.
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Address: ~.~ ~ „_ 1 ~ '~ ~.-...-...
City: °~" ~'~` L State: ~ZlP: `"~ ~Q~ ~ Email: Q aw/ ~~~ ~/~ ~
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,4pplrcant's Status: (check one) la Ovmer D Representative D Tenant O Prospective Huyer
Property Owner: S" "''`'~ Company: ~S' ° '```
Address: Tel: Fax:
Ci#y: State: ZIP: Email:
Ownership Status: (check one) ^ Individual D Trust ~artnersitip D Corporation
SIGNATURE OF APPLICANT NAND PRINT OR TYPE NAME)
SIGNATURE: Oate: ~ C ~ ~
SIGNATURE OF PROPERTY O (SIGN AND PRINT OR TYPE NAME]
IGNATURE: ~~
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(Letter of autho n required if signature is other than property owner]
The property owner mast sign the application or submit a notarized letter oraottrorization.
For Departmental Use Only
case ~: ~ -DY-o 0~
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Receipt tt: r
Dote Submitted: r 1 /~
Accepted By:
Public Hearing Date:
Rev: 02/07
Community Development Services Application
c.• o. City of CoCleyvill~
® VARIANCE OR APPEAL APPLICATION 100 Main Stree
Colleyvi[le TX 7603
*,,, CHECKLIST 817.503.1051
- • •• ~
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? Yes ^ No
Have you filed an appeal or petition on this property before? ~No D Yes
1. Completely describe the variance you are requesting. ~ .~-. ~ ~, t1 f i-TC~,~g~/ ~ X~c~f 8,.~--
,~•C /~ ... t. /e~' n c. /c~ a --, ~-- /moo ~ ~ i -, ~f / ``'t-- __.
2. D jo similar conditions exist in the area? Explain. ~~ ~ ~, , ~ ~ nor-t°~, n •-. ,,,, , . ~/'~.•.>
'Tb •~{-~+ t. ~ '~. t L -~- ^'i-C` c ~" ~ ~ "}"Cs" t t c_ -~r' .,..- ~ •, ~ ,5• co t /~'~- ~ ''~ •-4-~. eTi'-
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3. Describe how the unique conditions or circumstances do not result from your ~ctio~5s
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4. is there any way to do what you want without this request? b.., .f- r ~ .4- ~
Acknowledgments
I certify that the above information is correct and complete to the best of my knowledge and ability and that I am now or
will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing.
I understand that in the event that I am not present or represented at the public hearing, the Board shall have the power
to dismiss this proposal either at the tali 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 alt proceedings. 1 understand the filing fee is not refundable
upon withdrawal of the proposal after public notice.
t understand that if the request is approved, 1 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 `l ~- / ~ ~ ~ ~'
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