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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-10/14/2008 (2)City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~nnnnni rnllA-niilla r~nrrl -- ,-, Agenda -Final Tuesday, October 14, 2008 7:00 PM City Council Chambers Zoning Board of Adjustment City Hall S' ~ City of Colleyville 100 Main Street ~~ ~ ; ~- _ . Colleyville, Texas 76034 `~~~~~`~' Meeting Agenda 817.503.1000 r t ~ www.colleyville.com Zoning Board of Adjustment Tuesday, October 14, 2008 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES August 12, 2008 5. RECOGNITION OF OUTGOING MEMBERS Lisa Kenney, Place 3 Lisa Kenney, Place 3 6. SWEARING IN OF NEWLY APPOINTED MEMBERS Jim Gotcher, Place 3 Bruce Mayhew, Alternate 2 7. ELECTION OF OFFICERS Chairman Vice Chairman Recording Secretary 8. AGENDA ITEMS 8a Case A-08-008- Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height requirements in the side yard setback on Lot 10, Block B of the Cambridge Place Addition located at 624 Creekview Lane 9. REPORTS AND COMMENTS 10. ADJOURNMENT I hereb ertify th bove agenda was posted on the bulletin boards at City Hall on Thursday, October 9, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 9/24/2008 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~IIAA/IA/ n~lli+~i~iill~ n~rs1 Y $ f J Minutes -Draft Tuesday, August 12, 2008 7:00 PM City Council Chambers Zoning Board of Adjustment ~:;, ,,, City Hall ,~ City of Colleyville 100 Main Street ~(~ ~ ~~ `'~ Colleyville, Texas 76034 "" Mlnute$ - raft 817.503.1000 ~,, ,~ www.colleyville.com Zoning Board of Adjustment Tuesday, August 12, 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 August 12, 2008 at 7:00 p.m. 2. ROLL CALL Present: Board members Rich Munson, Dee McNosky, Kevin Sams (Alternate 1) and Jim Gotcher (Alternate 2) Absent: Board members Lisa Kenney, Skip Reynolds and Ed Moore Staff Present: Ron Ruthven, Justin Bass and Sarah Coplen 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Gotcher moved to approve the June 10, 2008 meeting minutes as written. Board member Munson seconded. The motion carried by the following vote: Aye: 4 -Munson, McNosky, Sams, Alt. 1, Jim Gotcher, Alt. 2 Absent: 3 -Kenney, Reynolds, Moore 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 Justin Bass presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:05 p.m. Dan Hetley, the applicant, 4808 Behrens Court, presented the case and briefed the Board members. Board member Gotcher questioned Mr. Hetley regarding if the new home is a home to be sold? Mr. Hetley replied yes. City of Colleyville Page 1 Printed on 8/14/2008 Zoning Board of Adjustment Minutes -Draft August 12, 2008 Board member Sams questioned Mr. Hetley regarding the construction of the fence, stone columns with wrought iron? Mr. Hetley replied correct. Board member Sams questioned Mr. Hetley regarding if there is another house on the street that already has a fence? Mr. Hetley replied yes at the very end of the street, however, it is a one lot subdivision. Board member Gotcher questioned Mr. Hetley regarding how old is the home that has the perimeter fence around it? Mr. Hetley replied it is an older house. There being no one wishing to speak, the public hearing was closed at 7:09 p.m. Board member Munson stated there is no merit to this variance request. Board member Sams concurred and stated the builder can conform to the restrictions in the code. Board member Munson moved to deny case A-08-007 on the grounds that there are no mitigating circumstances that would admit an approval of this request. Board member Sams seconded. The motion to deny carried by the following vote: Aye: 4 -Munson, McNosky, Sams, Alt. 1, Jim Gotcher, Alt. 2 Absent: 3 -Kenney, Reynolds, Moore 6. REPORTS AND COMMENTS Ron Ruthven reminded the Board members that the case load has been minimal and that there would not be a meeting in September. 7. ADJOURNMENT The meeting adjourned at 7:11 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, August 7, 2008. Amy Shelley, Planning and Zoning Assistant City of ColleyviUe Page 2 Printed on si7aizuu~ ~;,., City of Colleyville 100 Main Street Colleyville, Texas 76034 °~~~ Agenda Briefing 817.503.1000 vvww . co l l e yv i l l e. co m File Number: File Type: Case Status: Board Public Hearing Version: 1 Requester: Community Development Department Agenda Date: 10/14/2008 Agenda No.: 8a Controlling Body: Zoning Board of Adjustment Final Action: File Name: Case A-08-008- Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height requirements on Lot 10, Block B of the Cambridge Place Addition located at 624 Creekview Lane Attachments: Location and Zoning Map Notification List Application Applicant's Request Photos Provided by Applicant Letter from Developer Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 10/14/2008 Zoning Board of Adjustment Title Case A-08-008- Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height requirements on Lot 10, Block B of the Cambridge Place Addition located at 624 Creekview Lane Explanation James Gray, applicant and property owner, of 624 Creekview Lane, is requesting a variance to construct a four foot tall wrought iron fence within the 10 foot front setback adjacent to right-of-way along Creekview Lane. The lot has recently been constructed with a new single family detached dwelling. 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. This section goes on to restrict lots with side street yards that face a dwelling front across the street to fences no closer than 15 feet from the property line. The subject property reflects this situation. 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: 15 ft. Side Yard: 3 and 7 ft. Side Yard adjacent to ROW*** 10 ft. Rear Yard: 10 ft. City of Colleyville Page 1 Printed on 10/9/2008 Agenda Brietinp Continued ***Ordinance 0-04-1467, which governs this PUDR, allows for a side setback of 10 feet for lots adjacent to street right-of-way. The applicant is requesting the variance in order to provide space to construct a pool and to have outdoor room for pets. Public Notification. Staff mailed notices to six 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 Land Development Code allows for a fence to be built behind the front building line, which is 10 feet, at a height of up to 8 feet upon the issuance of a building permit. Given the abnormal shape of the lot along with its size, which is below normal city lot sizes due to the PUD, staff does recognize a hardship. Recommendation Approval City of Colleyvil/e Page 2 Printed on 10/9/2008 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER OWNER CITY STATE OWNER ZIP SITUS ADDR Colland Ltd 2768 Ore Valley Dr Hartland MI 48353 4507 Colleyville Blvd Cambrid a Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 601 Creekview Ln Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 605 Creekview Ln Colland Ltd 2768 Ore Valley Dr Hartland MI 48353 4507 Colleyville Blvd Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 600 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 609 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 604 Creekview Ln HOA of Cambridge Place Inc. 3500 Maple Ave Ste 1165 Dallas TX 75219 724 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 613 Creekview Ln Johnson, Yvonne F. 608 Creekview Ln. Colleyville TX 76034 608 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 617 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 621 Creekview Ln HOA of Cambridge Place Inc. 3500 Maple Ave Ste 1165 Dallas TX 75219 610 Creekview Ln Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 625 Creekview Ln HOA of Cambridge Place Inc. 3500 Maple Ave Ste 1165 Dallas TX 75219 633 Creekview Ln Gray, James, applicant 624 Creekview Ln. Colleyville TX 76034 624 Creekview Ln Cambridge Homes Inc Chandler, Raman 2828 E Trinity Mills Rd # 300 PO Box 611 Carrollton TX Colleyville TX 75006 76034 629 Creekview Ln 4471 Colleyville Blvd Cambridge Homes Inc Cambridge Homes Inc Cambridge Homes Inc Cambridge Homes Inc Cambridge Homes Inc Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 2828 E Trinity Mills Rd # 300 2828 E Trinity Mills Rd # 300 2828 E Trinity Mills Rd # 300 2828 E Trinity Mills Rd # 300 2828 E Trinity Mills Rd # 300 Carrollton TX Carrollton TX Carrollton TX Carrollton TX Carrollton TX Carrollton TX 75006 75006 75006 75006 75006 75006 717 Creekview Ln 713 Creekview Ln 701 Creekview Ln 709 Creekview Ln 705 Creekview Ln 628 Creekview Ln Public hearing notices were mailed on Monday, Sept. 29, 2008 by Amy Shelley. Signature: C~~Y O) Tezas Community Development Services Application City of Colleyville 100 Main Street Colleyville, TX 76034 817.503.1050 ^ honing Change ^ Preliminary Piat ~ Zoning Variance (ZBA) ^-Special Use Permit ^ Final Plat ^ Sign Variance (SBA) ^"Planned Unit Development ^ Minor Plat ^ Special F~cception ^ Site 8. landscape Plan ^ Amended Plat ^ Interpretation Appeat Project Name: brt.da~_ P Project Address (Location) : Cv a~ ~'reeKy 1 eW ~-Q~~ C: of lt? ~I ~ 1 ~~ 1 e , 1 eX[).,~, ~ 03'-~ Legal Description: _ _~-.l`3~" \ Q " Proposed Number of Lots: ~~~ Gross Acres: n~~A Existing Zoning: ~ A Proposed Zoning: ~~~ .Existing Use:, Rf~~~t~2~°~r~C~-~ _-_ Proposed Use: e.5~S~2y~~~o.~ ACfDtiGCttion Reguirt'mentS: The applicant is required to submit sufficient information chat describes and justifies the proposal. See appropriote checWlst and fee schedule for minimum requirements. Incomplete appNcations wiN not be processed Applicant: ~C;'~ _ ~ ~ ~Y f1C__e~__~~'OL-~ Company: ~ ~~ (.2,~~ 5b~-153 Address: ~a~ ~ee-~~~eW ~^-~he- Tel.{ -5 5 Fax; J rc. huv-,ee3bc obt;l.he~- City: CO ~ .~ Stater ZIP: _~ 00 34 Email: ~ K. 8 ~ `~bc ~:~ •ne-~' Applicant's Status: (check one) .Owner D Representative D Tenant D Prospective Buyer Property Owner: J Company: Address: Tei: Fax: City; State: ZIP: Email: Ownership Status: (check one) D Individual D Trust D Partnership ^ Corporation SIGNATURE OF APPLICANT (SIGN AN I OR tYPE NAME] -- tt_--~ SIGNATURE• '~ 3~'i .r'"~". ,~ ~.~.~.~., Date: «.-- F PROPERTY OWNER (SIGN AND PRINT OR TYPE NAME) SIGNATURE: _..~. ~1~-~._" - (Letter of authorization required if signature is ocher than property owner)pp ec nn CC R The property owner mast sign the application or submit a notarized letter of aut6~iEalfo~ j V E LJ ~ ,~ _ Rev: 02/07 For Deporfinentat Use Onfy Case #: ~ '~'QQ~ { v~ Total Fee(si: 1 ~ ~!7 i ~-t' 11"__r t'~ Receipt #: ---T---s_ ___ Date Submitted: ~ (a' ~~ -~-,- Accepted By: ~.. Public Hearing Date: t ~`~y o. City of Colleyville (~ ® VARIANCE OR APPEAL APPLICATION loo Main Street Colieyville TX 76034 CHECKLIST sl7.so3.loso Texas 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 ^ Yes 1. Completely describe the variance you are requesting. ~.~C~V~-~~+~~, ~.. '~~~-~- ~~`~` bG~Ck U~~lrt-'.\.C-e- ~o--bE G~l"Ah~f' (~.. °For ~-h~ lrn5~-t~~1~t.ov~ ~~ o.. "~`~-t ht~~ ~~our~.tn._~4 ~~~rcav~. ~~~c~., wr~k e~ "cr~~s `VC>.+ftAV~cCr i~.be~r~~~er,~v.e~~et~,..beCavS~ ~t-1~ ~OAcKacE9~e~~~ Q~1~~~?~"~e}cJ1~,,cF~~`~ t~r~ tD... c~~rrre~- ~o~-}rv~_s. ~a~ra~T1~,~ w.~1~a_~.. t~n~_ ~:~;.~~. L'~~-~~_ _ _ _ ._.._ .-k . _ .._ 2. Do similar conditions exist in the area? Explain. ~O} n~+ Ct} ~~~~ Ptf~r~icv~wr ~~~ '_"~~S ~er*~. ~a~ec9~... C4rhrv-vw~;~._~S.~t1~ b_e~ric~._~_eS.~~.ed~-. `~~e-_..t~`~'k~ch~eh-~ o-~ 1e-der' 3. Describe how the unique conditions or circumstances do not result from your actions. .. _ _ 4. Is there any way to do what you want without this request? ~p~ CVrY~t'_v~~ ~((' ~ ~'Y c C-E ~ ~v~5 CY'eG~2. 1 ~ vh 4 -~o,'~' ~ vas °~~er ~? ~ ~ ~~~a~._ ..d 2 ~L~ri._._c,_s~.. _c~e~ e~ o ~'Menh~ ~_ ~.~r Acknowledgments I certify that the above information is correct and complete to the best of my knowledge and abi{ity 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 calf 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. 1 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 buildin permit from the City before any work is started on the property, and that the Board's does not constitute th app oval of a building permit. Applicant's Initials Date i~ECEIV' i. ' ~8P .....,..,._.. Attachment-Variance Appeal Application Checklist, #3 Request for Variance 624 Creekview Lane Lot 10-B Colleyville, Texas 76034 Statement of Hardships The current restrictions regarding the placement of a backyard fence has placed a hardship on us because of the following reasons: 1. The original design of the house and backyard had included a purchase price that was to accommodate a small backyard pool. Current restrictions will result in the decrease of backyard space; therefore, we would have to forego the dream of installing such pool. 2. The original design of the property/backyard was to accommodate our two dogs. Current restrictions regarding backyard fence would decrease space for our two pets. 3. There is a hardship with the amount of money spent on purchasing one of two of the largest lots in the subdivision in order to have design of home, property and backyard to accommodate plans for a small pool and pets. The fence that is to be installed by the developer is to be an open slat wrought iron fence with gate. The proposed fence is to be 4 ft tall, which provides adequate visibility and security. (See photo attachments) This fence design will match our neighbor's fence directly across our street. {See photo attachments) RECElV~: Per ............. Photos Provided by Applicant Photo 1 RECEIVED Per ......,..... Photos Provided by Applicant t `~~ ,s f- i`cZ ' ~S~ ,. Photo 2 ~ECEiVED Per ~...........~1 Photos Provided by Applicant Photo 3 f~ECEIVED Per n.........n.s1 Photos Provided by Applicant Photo 4 RECEIVED Per ......,.....r Photos Provided by Applicant Photo 5 RECEIVED Per ............. Photos Provided by Applicant Photo 6 RECEIVED Per .....,......~ ,~~ x ~.,~ ~; 4 ,,. ...:.. a Photos Provided by Applicant ~., Photo 7 RECEIVED Per ............. Photos Provided by Applicant Photo 8 RECEIVED Per ............. Photos Provided by Applicant Photo 9 RECEIVED Per ............. Photos Provided by Applicant Photo 10 RECEIVED Per ......,...,.u Photos Provided by Applicant ~,n. - . ~. .~ ~ -~~~ ... 4 q ~~ ~~ ~ y„ ~_ --~.. , ..,,,~,~, w, , . -~. ~. ., RE~EIUE~ ~8~ ............. ....,: :«_» Photos Provided by Applicant ~~. . ~~._ :.. RECEIVED ad..~aap~ra p`s ~. '! Letter from Developer ~BRID September 10, 2008 Re: New home under construction at 624 L`reekview Lane, Colleyville, Texas. To whom it may co>izcern, Cambridge Homes supports the application for a fence variance Eo-allow the side yard fence to be 48" high. Thanks you, Cainbri a om S. Ke berts, President ~EC~~vEa 2828 TRINITY Iv11LLS ROAQ • SUITE 300 • CARROILTON, TX 75006 • (472) 478-$1$1 • {972) 47&$2$2 F ::" ?{~(~ ,'.~ t { .~ 'i ~' '1 ~ ~ ~~-~ . 1 .~•~ V' Y`7" ~~ ~ ~ .~ ~~ ~.r Z ..= Q 7 C a °a ifs ~ 4 Exhibit 3 ~_ ~''r ~ ~~ -.-', w f ~e.1 '~ ax ~ ~ ~o gm