HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-12/12/2017City 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, December 12, 2017 City Council Chambers
7:00 PM
CITY COUNCIL CHAMBERS
THIRD FLOOR
CALL TO ORDER
PLEDGE OF ALLEGIANCE
1.APPROVAL OF MINUTES
November 14, 2017
2.PUBLIC HEARING AGENDA ITEMS
2a Request for a variance to certain provisions of Section 3.26, Fences,
Free Standing Walls, and Screening Materials on Lots 3, 4, 7, & 8,
Block 4, of the Rustic Oaks Addition, located at 5405 Rustic Trail,
Case VC17012
3.ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards December 8,
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, November 14, 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 November 14, 2017 at 7:00 p.m.
Roll Call
Present: Board members Kimberly Holt, Dee Kamerman, Wayne Maynard, Dee
McNosky, and Richard Vallario
Absent: Raymond Allee 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 September
12, 2017 minutes. Board member Kamerman seconded.
The motion to approve carried by the following vote:
Aye: 5 – Holt, Kamerman, Maynard, Vallario, and McNosky
2. PUBLIC HEARING AGENDA ITEMS
2a 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
Felix Landry presented the case and briefed the Board.
The public hearing was opened at 7:06 p.m.
The applicant, Kyle Bennett, 1801 Gateway Boulevard, Richardson,
came forward and briefed the board. He explained that a 2nd right-of-
way acquisition was missed by those involved with the design of the
plan and was not discovered until very recently. The proposal is to
Zoning Board of Adjustment Minutes November 14, 2017
City of Colleyville Page 2
allow a narrow drive lane of 20 feet with an increase width for the
parking spaces to 10 feet.
The construction manager, Steve Sharver, 7500 Lomo Alto, Plano,
came forward and briefed the board. He indicated that the parking
has been installed and showed a video to demonstrate how the now
current proposal will function properly.
The owner, Bill Peavy, 1901 N. Akard, Dallas, came forward and
briefed the board. He explained that this is the last building in the
development and is asking for a favorable decision from the board.
Board member Maynard questioned staff regarding the location of the
curb-to-curb 20 foot requirement. The applicant responded that the
curb to curb requirement begins at the gutter line to the edge of the
parking line.
Board member Kamerman questioned the applicant if the parking
spaces are 10 feet wide. The applicant confirmed. Board member
Kamerman questioned the applicant regarding additional parking
space in the rear of the building. The applicant responded that no
parking exists to the rear. The applicant added that the space belongs
to another property.
Discussion continued regarding additional parking space.
Board member Maynard questioned the applicant regarding the
pickup truck in the video presented by the applicant. The construction
manager responded that the pickup truck belonged to him and placed
it as an obstacle.
Board member McNosky questioned the applicant regarding additional
parking within the property. The applicant referenced the site plan to
show the available parking within the property. Staff added that
additional parking is located on the right side of the building where
the fire lane extends to.
Board member Maynard questioned the applicant if the site plan
shows the accurate number of parking spaces. The applicant
confirmed that it does.
Board member Maynard questioned staff regarding the required
length of a parking space for parallel parking. Staff responded that a
dimension of 9 feet by 23 feet is required for parallel parking.
Zoning Board of Adjustment Minutes November 14, 2017
City of Colleyville Page 3
Discussion continued regarding parallel parking
Board member Kamerman requested to see the video and asked the
applicant regarding the base of the curb and the pole in the parking
lot. The applicant responded that there is a curb height of 6 inches
and a drainage channel between the parking lot and the highway.
Discussion continued regarding the curb and pole in the parking lot.
Board member Maynard questioned the applicant regarding the
number of offices in the building located on the subject property. The
applicant responded that it is a duplex with two doors and that there
are multiple office spaces within each unit.
Board member Vallario questioned the applicant the time frame when
the driveway was completed. The construction manager responded
that the driveway was completed about a month ago. Board member
Vallario questioned the construction manager if he knew before he
laid the driveway that it would be outside of code. The applicant
responded yes. The owner added that he authorized the parking to be
completed ahead of the decision due to the fact that the parking is
necessary for occupancy of the building. Without a variance he can’t
use the building.
Discussion continued regarding the driveway.
Board member Vallario questioned staff regarding parallel parking and
if it would meet code. Staff responded that the parallel parking could
be designed to meet code. Staff added that a parallel parking design
would reduce the number of parking spaces and create additional
issues.
Discussion continued regarding parking.
Board member Maynard made a notation regarding placing the
concrete poles at the curb to protect the pole would reduce the
backup space for cars by two feet. The applicant added that his
recommendation would be to place the concrete poles behind the curb
to avoid that issue.
Board member Holt questioned the applicant regarding further
widening the parking spaces. The applicant responded that the
request of 10 foot wide parking spaces provides enough
maneuverability within a 20 feet wide drive aisle.
Zoning Board of Adjustment Minutes November 14, 2017
City of Colleyville Page 4
Discussion continued regarding wider parking spaces.
There being no one else wishing to speak, the public hearing was
closed at 7:45 p.m.
Board member McNosky made an opening statement regarding the
best used of the subject property and applicant’s due diligence as
noted by the options presented before the board. Board member
Kamerman added that she agreed with Board member McNosky and
noted the limitations of the applicant by the expansion of Highway 26.
Board member Kamerman made a motion to approve Case
VC17-011. Board member Holt seconded.
The motion to approve case VC17-011 was carried by the
following vote:
Aye: 5 – Holt, Kamerman, Maynard, McNosky, and Vallario
Nay: 0
3. ADJOURNMENT
The meeting adjourned at 7:47 p.m.
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 12/12/2017 Number
Type Public Hearing Agenda Items
Department Community Development
Title
Request for a variance to certain provisions of Section 3.26, Fences, Free Standing
Walls, and Screening Materials on Lots 3, 4, 7, & 8, Block 4, of the Rustic Oaks
Addition, located at 5405 Rustic Trail, Case VC17-012
Explanation
James Swanzy, the applicant, and Amy Adams, the owner, request approval of a
variance to the fence setback requirements described in Section 3.26(E) of the Land
Development Code. The proposed fencing exceeds the maximum height of 30 inches,
and the maximum 25% solid construction allowed within the 15 foot setback along the
Rustic Trail frontage between Elm Street and Valley View Drive South. The Land
Development code allows fences in the side yard setback on corner lots, but only
fences with a maximum height of 30 inches and 25% solid construction.
Existing Conditions/Background: The subject property resides in the bend of the
5000 block of Rustic Trail on the west side of the street. This lot, described as Lot 3, 4,
7, & 8, Block 4, of the Rustic Oaks Addition, has an existing single family residence
with the R-20 Single Family Residential zoning designation.
Requested Variance: The applicant requests a variance to allow an 8 foot tall pre-
stained cedar fence with a 2”x6” top cap and 1”x4” trim board along the Rustic Trail
frontage of their property between Elm Street and Valley View Drive South. This
property contains a portion of a large pond. The property owner has concerns about
the visual and physical accessibility to the pond by the public. The property owner
would like to construct the proposed fence to eliminate visibility and prohibit access to
the pond by the public. Currently, an existing, non-conforming 6 foot tall, unstained
pine fence serves as a visual and physical barrier to the pond.
Ordinance – Section 3.26.E.2 Schedule of District Regulations requires a maximum
height of 30 inches and a maximum solid construction of 25% for any fence within a
street facing side yard setback on a corner lot.
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):
Zoning Board of Adjustment Agenda Briefing 2a
City of Colleyville Page 2
“…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 has some unique characteristics, primarily access to a
large pond and an unusual length and arrangement of street frontage. Due to this
arrangement, anyone driving down Rustic Trail might think the pond is a publicly
accessible feature if they could see it from the public right-of-way. Unrestricted access
to the pond might cause some liability of the property owner should anything
unfortunate happen. Currently, a 6 foot wood fence screens the pond from public
view. However, current regulations do not allow a privacy fence within the 15 foot side
yard setback. Any fence within that 15 foot side yard setback must not exceed 30
inches in height or 25% solid construction.
The property owner could achieve the desired privacy with the proposed fence setback
a distance of 15 feet from the property line. Or, within the 15 foot setback installation
of landscaping or a combination of landscaping and a smaller fence could also achieve
the desired level of privacy.
If the Zoning Board of Adjustment approves the requested variance, the applicant shall
submit appropriate plans for review prior to issuance of a building permit. The plan
review will verify compliance with all Land Development Code requirements related to
such projects.
Surrounding Development: The subject property resides in a large developed
residential neighborhood just south of the rail road. This neighborhood has
predominately R-20 zoning. All the adjacent properties have the R-20 zoning
classification. The neighborhood just to the north of the Rail Road has predominately
R-40 zoning.
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.
Zoning Board of Adjustment Agenda Briefing 2a
City of Colleyville Page 3
Staff Recommendation: Based on the approval of the previous accompanying
variance request for the same type of fence non-conforming fence construction on the
adjacent property, 5409 Rustic Trail, staff recommends approval of this variance
request.
Recommendation
Approve
Attachments
1. Aerial Map
2. Zoning Map
3. Future Land Use Map
4. Statement of Planning Objectives
5. Site Plan
6. Notification Map
7. 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.
VC17-012 K
Subject Prop erty
5405 Rustic Trail
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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.
VC17-012 K
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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.
VC17-012 K
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Residential
Parks/ Open Space
5405 Rustic Trail
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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.
VC17-012 K
Subject Prop erty
200ft Buffer
Properties within 20 0ft
5405 Rustic Trail
Owner Name Owner Address Owner City Owner Zip Situs Address
COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 315 W L D LOCKETT RD
DOODY, KEVIN 1109 SOMERSET BLVD COLLEYVILLE, TX 70634 401 W L D LOCKETT RD
DAVIS, NORMAN DEEN 5404 RUSTIC TR COLLEYVILLE, TX 76034 5404 RUSTIC TR
AKINS, CHRISTOPHER R 5416 RUSTIC TR COLLEYVILLE, TX 76034 5416 RUSTIC TR
STOKES FAMILY REV LIVING TRUST 5317 RUSTIC TR COLLEYVILLE, TX 76034 5317 RUSTIC TR
JOHNSON, DON 5509 RUSTIC TR COLLEYVILLE, TX 76034 5509 RUSTIC TR
ALVARADO, RAMON 5504 RUSTIC TR COLLEYVILLE, TX 76034 5504 RUSTIC TR
TRETTER, ANGELA 5500 RUSTIC TR COLLEYVILLE, TX 76034 5500 RUSTIC TR
ADAMS, WANDA 5405 RUSTIC TRL COLLEYVILLE, TX 76034 5405 RUSTIC TR
HUGHES, PETER 5313 RUSTIC TR COLLEYVILLE, TX 76034 5313 RUSTIC TR
LIGHT, PHILLIP 5512 RUSTIC TR COLLEYVILLE, TX 76034 5512 RUSTIC TR
ELLISON, AMY ADAMS 5409 RUSTIC TR COLLEYVILLE, TX 76034 5409 RUSTIC TR
REGIONAL RAIL ROW CO PO BOX 660163 DALLAS, TX 75266 5200 LOWRIE RD
THOMAS, BILL D 5513 RUSTIC TR COLLEYVILLE, TX 76034 5513 RUSTIC TR
LEE, DAVID W 5400 RUSTIC TR COLLEYVILLE, TX 76034 5400 RUSTIC TR
LASTINGER, JOHN 5508 RUSTIC TRL COLLEYVILLE, TX 76034 5508 RUSTIC TR
SWANZY, JAMES 1401 BRIAR MEADOW DRIVE COLLEYVILLE, TX 76034 APPLICANT
GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED
Public hearing notices were mailed
Wednesday, November 22, 2017 by Araceli
Botello