HomeMy WebLinkAboutZoning Board of Adjustment Agenda Packets-11/14/2017City 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, November 14, 2017 City Council Chambers
7:00 PM
CITY COUNCIL CHAMBERS
THIRD FLOOR
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1.APPROVAL OF MINUTES
September 12, 2017
2.PUBLIC HEARING AGENDA ITEMS
2a Request for a variance to certain provisions of Section 3.29Parking
Requirements of the Land Development Code, specifically a variance
to the drive lane width of 24 feet on a portion of Lot 1R, Block 11, of
the Longwood Estates at Ross Downs, located at 7121 (7171)
Colleyville Boulevard, Case VC17011
3.ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Thursday,
November 9, 2017 by 5:00 p.m.
Araceli Botello
Planning Technician
A quorum of the Colleyville City Council or any other Board, Commission, or
Committee 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, September 12, 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 September 12, 2017 at 7:00 p.m.
Roll Call
Present: Board members Kimberly Holt, Dee Kamerman, Wayne Maynard, Dee
McNosky, Raymond Allee, Richard Vallario, and Michael Deakin
Staff Present: Ben Bryner, Felix Landry, and Araceli Botello
1. APPROVAL OF MINUTES
Board member Maynard made a motion to approve the August 8,
2017 minutes. Board member Vallario seconded.
The motion to approve carried by the following vote:
Aye: 5 – Kamerman, Maynard, Allee, Vallario, and McNosky
2. PUBLIC HEARING AGENDA ITEMS
2a Request for a variance to certain provisions of the Section 3.26,
Fences, Free Standing Walls, and Screening Materials on Lot 9, Block
2, of the Brighton Oaks Addition, Located at 3005 Sherwood Lane,
Case VC17-009
Felix Landry presented the case and briefed the Board.
The applicant, Tracy Cutrona, 3005 Sherwood Lane, came forward
and briefed the board.
The public hearing was opened at 7:10 p.m.
Amy Adams, 5409 Rustic Trail, came forward and spoke in support to
the case.
Zoning Board of Adjustment Minutes September 12, 2017
City of Colleyville Page 2
Katy Hadley, 204 Timberline Drive North, came forward and spoke in
opposition to the case.
Board member Maynard questioned the applicant regarding the wall
location and if it will be built slightly down the slope. The applicant
replied that the wall will not be built down the slope. The applicant
added that the wall would be level with the house and pool and that
there is an additional request to move the fence slightly downhill into
the front yard setback.
Board member McNosky asked the applicant to clarify where they are
proposing to add a solid wall and relocate the chain link fence. The
applicant responded that a solid wall would be installed coming out
from the house and that the existing chain link fence will be relocated
to be within the front yard setback.
Board member McNosky questioned the applicant regarding the safety
with the existing pool. The applicant responded that she understands
the safety concerns with children and having a pool. The applicant
added that a 4 foot tall fence is considered to be within code.
Board member Kamerman questioned the applicant regarding privacy
and fencing. The applicant responded that she is not concerned with
the chain link section and privacy due to the topography and the
trees, but is concerned with privacy where the wall is proposed. The
applicant has chosen a wall design that will complement the style of
the home.
Discussion continued regarding privacy.
Board member Holt clarified with the applicant that the proposed wall
would replace a portion of the chain link fence. The applicant
responded yes.
Discussion continued regarding chain link fencing.
There being no one else wishing to speak, the public hearing was
closed at 7:21 p.m.
Board member Maynard made a motion to approve Case VC17-
009. Board member McNosky seconded.
The motion to approve case VC17-009 failed by the following
vote:
Zoning Board of Adjustment Minutes September 12, 2017
City of Colleyville Page 3
Aye: 2 – Maynard and McNosky
Nay: 3 – Kamerman, Allee, and Vallario
2b Request for a variance to certain provisions of the Section 3.26,
Fences, Free Standing Walls, and Screening Materials on Lot 5R, Block
4, of the Rustic Oaks Addition, Located at 5409 Rustic Trail, Case
VC17-010
Felix Landry presented the case and briefed the Board.
The public hearing was opened at 7:27 p.m.
The applicant, Amy Adams, 5409 Rustic Trail, came forward and
briefed the board.
Board member McNosky asked the applicant to clarify if they are
replacing the existing fence. The applicant responded yes. Board
member McNosky questioned the applicant regarding the type and
height of the proposed fence. The applicant responded that the fence
would be made of wood and 8 foot tall in lieu of the current 6 foot tall
wood fence.
Discussion continued regarding replacing the current fence.
Board member McNosky made a notation that the request is being
presented before the board due to the fence being located in a non-
conforming location and the applicant is looking to replace the fence.
The applicant added that she would like to fix the fence, make it
secure, and prettier.
Discussion continued regarding the request for the proposed fence.
Board member Holt questioned the applicant whether the pond is
accessible to the public. The applicant responded that the pond is not
accessible to the public. The applicant added that the pond is
privately owned.
Board member Deakin questioned the applicant regarding fencing and
height on the adjacent property. The applicant responded that the
same fencing exists on the property surrounding her property and is
between 6 and 8 foot tall. Staff added that based on the information
listed on the application, only the property at 5409 Rustic Trail was
noticed. Therefore the only action up for consideration before the
board is for 5409 Rustic Trail. The adjacent property will require a
Zoning Board of Adjustment Minutes September 12, 2017
City of Colleyville Page 4
separate hearing.
Board member Maynard questioned the applicant regarding the height
of the fence on the property located at 5509 Rustic Trail. The
applicant responded that the height of the fence is 8 foot tall.
Board member Vallario questioned the applicant regarding the
request of replacing the fence from the property located at 5509
Rustic Trail to 5317 Rustic Trail. The applicant responded that the
request does not include fencing at that location. The applicant added
that the request is to replace the fencing along the northeast property
line only on Rustic Trail.
Discussion continued regarding replacing the fence along the
property.
Board member Maynard asked for clarification regarding the public
trespassing with the current fencing. The applicant responded that the
current fence is not sufficient to deter the trespassing and she is
concerned about the liability of the trespassing onto her property. The
applicant added that the public is not trespassing in the area of her
property where the 8 foot fence exists.
There being no one else wishing to speak, the public hearing was
closed at 7:46 p.m.
Board member Maynard made a motion to approve Case VC17-
010. Board member Kamerman seconded.
The motion to approve case VC17-010 was carried by the
following vote:
Aye: 5 – Kamerman, Allee, and Vallario Maynard, and McNosky
Nay: 0
3. ADJOURNMENT
The meeting adjourned at 7:47 p.m.
Zoning Board of Adjustment Minutes September 12, 2017
City of Colleyville Page 5
Minutes were written and prepared by:
Araceli Botello
Planning Technician
The meeting minutes were approved on_________, 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 11/14/2017 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Request for a variance to certain provisions of Section 3.29-Parking Requirements of
the Land Development Code, specifically a variance to the drive lane width of 24 feet
on a portion of Lot 1R, Block 11, of the Longwood Estates at Ross Downs, located at
7121 (7171) Colleyville Boulevard, Case VC17-011
Explanation
Kyle Bennett, the applicant, requests approval of a variance to the parking regulations
described in Section 3.29.1(A) of the Land Development Code. The proposed parking
drive aisle measures at 20 feet wide, which falls 4 feet short of the required 24
feet. The applicant proposes to provide wider parking stalls, 10 feet wide, to provide
additional maneuverability space and compensate for the narrower drive aisle.
Existing Conditions/Background: The subject property resides in North Colleyville
at 7121 Colleyville Boulevard. This lot, described as Lot 1R Block 11 of the Longwood
Estates at Ross Downs, has not yet developed and has PUD-C zoning classification.
Requested Variance: The applicant requests a variance to allow a two-way parking
drive aisle narrower than 24 feet wide. The applicant states that the proposed wider
parking stalls, at 10 feet wide, should provide space to compensate for the narrower
drive aisle.
Ordinance – Section 3.29.1 (A) Schedule of District Regulations requires a minimum 24
foot two way drive aisle width.
Chapter 1 (General Provisions) of the Land Development Code authorizes the Zoning
Board of Adjustment to grant variances to the minimum 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
City of Colleyville Page 2
Zoning Board of Adjustment Agenda Briefing 2a
to other parcels of land in the district.”
Analysis –
The applicant received a building permit from the city in November of 2016. The
submitted plan package contained an erroneous lot line in the survey which did not
reflect the additional ROW dedication for the Highway 26 widening. The error became
apparent when the applicant began to construct the parking area between the building
and Highway 26 and found insufficient room to construct the parking lot drawn on the
plans.
Surrounding Development: The subject property resides on the northern end of
Colleyville Boulevard (State Highway 26) in a large commercial area. The adjacent
zoning consists of PUD-C, ML and CC-1 and CC-2 classifications.
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: Staff does not recommend approval based on the following
findings:
1.The property has no inherent, unalterable features, or special conditions unique
to the property which create a hardship.
2.The literal interpretation of our development regulations do not deprive the
applicant of rights commonly enjoyed by similar properties.
3.The hardship described by the applicant results from applicant error.
4.This variance if granted, provides a development privilege not available to similar
properties in the city.
Recommendation
Denial
Attachments
1.Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Approved Site Plan
5.Statement of Planning Objectives
6.Site Plan
7.Notification Map
8.Notification List
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Aerial 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 anyone else 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.
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Subject Property
VC17-011
7121 (7171) Colleyville Blvd
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Zoning 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 anyone else 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.
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Subject Property
VC17-011
7121 (7171) Colleyville Blvd
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Future Land Use 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 anyone else 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.
KSubject Property
Residential
Colleyville Blvd Corridor
Parks/ Open Space
VC17-011
7121 (7171) Colleyville Blvd
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Notification 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 anyone else 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.
VC17-011 K
Subject Property
200ft Buffer
Properties within 200ft
7121 (7171) Colleyville Blvd
Owner Name Owner Address Owner City Owner Zip Situs Address
AGHDAM, LIDA G 6710 VINES CT COLLEYVILLE, TX 76034 7155 COLLEYVILLE BLVD
TABONE, GEORGE 7000 COLEMAN CT COLLEYVILLE, TX 76034 7000 COLEMAN CT
JARWAN, ESAM 2208 DANIELLE DR COLLEYVILLE, TX 76034 2208 DANIELLE DR
BIRKENFELD, RICHARD PO BOX 93089 SOUTHLAKE, TX 76092 7001 COLEMAN CT
TARRANT COUNTY PS PROPERTY LLC 7141 COLLEYVILLE BLVD STE 101 COLLEYVILLE, TX 76034 7167 COLLEYVILLE BLVD # 101
KUHN, ALYCE 2204 DANIELLE DR COLLEYVILLE, TX 76034 2204 DANIELLE DR
CUSTOMER SOLUTIONS INC 906 LAGUNA TR KELLER, TX 76248 7109 COLLEYVILLE BLVD # B
KUKAHI CORPORATE SOLUTIONS INC 957 WATER OAK DR GRAPEVINE, TX 76051 7155 COLLEYVILLE BLVD
PRO-DIEM INC 702 LAKEHURST CT SOUTHLAKE, TX 76092 7157 COLLEYVILLE BLVD
RAK PROPERTY GRUOP LLC 175 CREEKWAY BND SOUTHLAKE, TX 76092 7157 COLLEYVILLE BLVD
LONGWOOD/26 LTD 8713 AIRPORT FWY STE 100 NORTH RICHLAND HILLS, TX 76180 7171 COLLEYVILLE BLVD
LYNBA INC & VIKRAM JANGAM 1012 WHITTINGTON PL SOUTHLAKE, TX 76092 7157 COLLEYVILLE BLVD
KRIKORIAN, GABRIEL Y 7008 COLE CT COLLEYVILLE, TX 76034 7008 COLE CT
HALE EQUITY LLC 7131 COLLEYVILLE BLVD STE 101 COLLEYVILLE, TX 76034 7131 COLLEYVILLE BLVD UNIT 101
A & Z PARTNERS LLC 7151 COLLEYVILLE BLVD STE 103 COLLEYVILLE, TX 76034 7151 COLLEYVILLE BLVD
7157 COLLEYVILLE LLC 115 SAM BASS RIDGE RD SOUTHLAKE, TX 76092 7157 COLLEYVILLE BLVD
SANDADI, PRAVEEN 7416 STONEY POINT DR PLANO, TX 75025 7155 COLLEYVILLE BLVD
20FOUR LLC 7151 COLLYVILLE BLVD STE 101 COLLEYVILLE, TX 76034 7151 COLLEYVILLE BLVD
WOZNIAK, CRAIG C 7004 COLEMAN CT COLLEYVILLE, TX 76034 7004 COLEMAN CT
REGIONAL RAIL ROW CO PO BOX 660163 DALLAS, TX 75266 7398 COLLEYVILLE BLVD
REGIONAL RAIL ROW CO PO BOX 660163 DALLAS, TX 75266 2050 JOHN MCCAIN RD
WOEHRLE, ADRIENNE LYNN 2001 PRESCOTT CT BEDFORD, TX 76021 7155 COLLEYVILLE BLVD
SHAIA, CHRISTOPHER 2212 DANIELLE DR COLLEYVILLE, TX 76034 2212 DANIELLE DR
WEXLER, MALAISHA A 7004 COLE CT COLLEYVILLE, TX 76034 7004 COLE CT
ROGERS, JASON T 7005 COLEMAN CT COLLEYVILLE, TX 76034 7005 COLEMAN CT
A & Z PARTNERS LLC 7151 COLLEYVILLE BLVD STE 103 COLLEYVILLE, TX 76034 7151 COLLEYVILLE BLVD
MARR, DAVID G 7000 COLE CT COLLEYVILLE, TX 76034 7000 COLE CT
KUKAHI CORPORATE SOLUTIONS INC 7153 COLLEYVILLE BLVD STE 102 COLLEYVILLE, TX 76034 7153 COLLEYVILLE BLVD UNIT 102
MARCONI INVESTMENTS LLC 7131 COLLEYVILLE BLVD STE 102 COLLEYVILLE, TX 76034 7131 COLLEYVILLE BLVD UNIT 102
KUKAHI CORPORATE SOLUTIONS INC 7131 COLLEYVILLE BLVD STE 103 COLLEYVILLE, TX 76034 7131 COLLEYVILLE BLVD UNIT 103
LONGWOOD PLAZA PARTNERS LP 1901 N AKARD ST DALLAS, TX 75201 7171 COLLEYVILLE BLVD
BHATLA, RAVINDER N 7009 COLEMAN CT COLLEYVILLE, TX 76034 7009 COLEMAN CT
QUANTUM BEVERAGE HOLDINGS LLC 7401 BRAEMAR TERR COLLEYVILLE, TX 76034 7101 COLLEYVILLE BLVD
UNIQUE LANDSCAPING DESIGN 7111 COLLYVILLE BLVD COLLEYVILLE, TX 76034 7111 COLLEYVILLE BLVD
NEW GLOBAL PROPERTIES LLC 7137 COLLEYVILLE BLVD STE 102 COLLEYVILLE, TX 76034 7137 COLLEYVILLE BLVD UNIT 102
P J T INVESTMENT TEAM LLC 7153 COLLEYVILLE BLVD STE 101 COLLEYVILLE, TX 76034 7153 COLLEYVILLE BLVD UNIT 101
DEBERARD LLC 7137 COLLEYVILLE BLVD STE 101 COLLEYVILLE, TX 76034 7137 COLLEYVILLE BLVD UNIT 101
VAN BRUNT HOLDING GROUP LLC 7135 COLLEYVILLE BLVD STE 102 COLLEYVILLE, TX 76034 7135 COLLEYVILLE BLVD UNIT 102
HALE EQUITY LLC 7131 COLLEYVILLE BLVD STE 101 COLLEYVILLE, TX 76034 7131 COLLEYVILLE BLVD UNIT 101
VAN BRUNT HOLDING GROUP LLC 7135 COLLEYVILLE BLVD STE 102 COLLEYVILLE, TX 76034 7135 COLLEYVILLE BLVD UNIT 101
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 7100 COLLEYVILLE BLVD
A & Z PARTNERS LLC 7151 COLLEYVILLE BLVD STE 103 COLLEYVILLE, TX 76034 7151 COLLEYVILLE BLVD
TIMARRON-CASCADES AT TIMARRON 700 WENTWOOD DRIVE SOUTHLAKE, TX 76092 COURTESY NOTICE
BENNETT, KYLE 1801 GATEWAY BLVD, #101 RICHARDSON, TX 75080 APPLICANT
GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED
Public hearing notices were mailed Friday,
October 27, 2017 by Araceli Botello
Notification List