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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-6/8/2010._~~~~ City of Colleyville ~ ~ Agenda -Final ~:::- Zoning Board of Adjustment City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 8, 2010 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES March 9, 2010 5. AGENDA ITEMS 5a Case VC10-003 - PUBLIC HEARING - Request for a variance to the parking regulations of Chapter 3 of the Land Development Code on Lot 8A, Block 1 of the Thompson Terrace Addition located at 5117 Colleyville Boulevard 6. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, May 27, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 8/4/2010 "__~ City of Colleyville __ a Minutes -Draft 1A' Zoning Board of Adjustment City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 9, 2010 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 9, 2010 at 7:00 p.m. 2. ROLL CALL Present: Board members Skip Reynolds, Ed Moore, Kevin Sams, Dee McNosky and Bruce Mayhew (Alternate 1) Absent: Board members Jim Gotcher and Tracy Doyle (Alternate 2) Staff Present: Ron Ruthven 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the January 13, 2009 meeting minutes as written. Board member Mayhew seconded. The motion carried by the following vote: Aye: 5 -Reynolds, Moore, Sams, McNosky, Mayhew, Alt. 1 Absent: 2 -Gotcher, Doyle, Alt. 2 5. PUBLIC HEARING AGENDA ITEMS 5a Case VC10-001- Approval of a request for a variance to the lot coverage requirements by buildings in Chapter 3 - Land Use of the Land Development Code on Lot 11 R, Block 1 of the Castleton Manor Addition located at 800 Fegans Path Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 705: p.m. Bud Sellers, 800 Fegans Path, the applicant, came forward to present the case and brief the Board members. Skip Blake, the architect, for the project, came forward to present the case and brief the Board members. City of Colleyville page 1 Printed on 8/4/2010 Zoning Board of Adjustment Minutes -Draft March 9, 2010 Todd Ford, 2312 Royal Oaks Drive, Mansfield, the future homeowner of the subject property, came forward to present the case and brief the Board members. Milton Siegele, 808 Fegans Path, spoke in favor of the request and stated being troubled by the fact that 11 homes have already been approved by the City which exceed the maximum lot coverage. Robert Glaser, 6909 Sir Spencer Court, spoke in opposition to the request with concerns for the negative appearance to the neighborhood. Robert Brennan, 6904 King Charles Court, spoke in opposition to the request with concerns for the design of the proposed home. Brian Kumpf, 6703 Ethridge Court, spoke in opposition to the request with concerns for the design of the proposed home. Steve Dumler, 6708 Ethridge Court, spoke in opposition to the request with concerns for the size of the home on this particular lot. Mr. Sellers came forward to address the issues presented by neighbors. Mr. Ford came forward to address the issues presented by neighbors. He stated he appreciates the fact that the neighbors present want the Ford's as neighbors; however, he stated being troubled by the fact that those present feel the proposed home will not fit in the neighborhood . He stated the look and style of the home should not be of concern for this Board only the variance to the lot coverage of the R20 zoning district requirements. Robert Brennan, 6904 King Charles Court, stated, for clarification, the photos were presented as examples with regards to ratio. Board member Reynolds questioned staff regarding how there are homes in this neighborhood that are larger than they should be. Ron Ruthven replied there were homes permitted in this neighborhood that exceeded the lot coverage of the Land Developmend Code requirements based on the calculation being done on the air conditioned portion of the building. He stated he investigated that the maximum lot coverage is actually based on the building footprint of the entire building. Board member Reynolds questioned staff regarding if staff used the other measure would this building still be too large? Ron Ruthven replied according to his meetings with the applicant, the plans would not be, if just the air conditioned portion was calculated. City of Colleyville Page 2 Printed on 8/4/2010 Zoning Board of Adjustment Minutes -Draft March 9, 2010 Board member Reynolds questioned Mr. Ford regarding what is the hardship. Mr. Ford replied the hardship of this lot is the smallest lot in this neighborhood that has a beautiful view that the other lots do not. He stated he is trying to build a home that will meet the premium pricing of this lot; trying to meet the price per square foot. Board member Reynolds questioned Mr. Brennan if he feels the HOA has a right to go above and beyond enforcing what this Board does not. Mr. Brennan replied it does not have a right to enforce the maximum lot coverage percentage. He stated they have the right to enforce the architectural design. Board member Reynolds questioned the Mr. Brennan if he feels that the proposed home will not meet the architectural design standards in which the HOA can enforce. Mr. Brennan replied yes, he feels the design of this home does not meet those standards. Board member Reynolds questioned Mr. Brennan regarding how did the homeowners delegate to you the right to speak on their behalf. Mr. Brennan replied the second set of plans were submitted to the architectural committee and they did not meet the criteria therefore with the meetings held, he was asked to speak. Board member Reynolds questioned Mr. Brennan regarding how many homes are in the neighborhood. Mr. Brennan replied 29. Board member Reynolds questioned Mr. Brennan regarding how many of those homeowners oppose or support the request. Mr. Brennan replied so far there are seven who wrote letters. Board member Reynolds questioned staff regarding what are the reasons for the staff recommendation of denial. Ron Ruthven replied the request does not meet the definition of a hardship within the Land Development Code. He stated it is not a legitimate case to recommend approval just because the rule had been broken previously. Board member Moore questioned staff regarding if they meet all of the other requirements within the zoning district with regards to setbacks. He stated Colleyville's interpretation is everything measured under the roof. He stated other cities use air conditioned space. He questioned staff if there is anything from the state's definition with regards to lot coverage. Ron Ruthven replied there is nothing defined from the state zoning standards; therefore it is up to the individual cities to make up their own definitions. Board member Moore questioned staff regarding if the air conditioned space was used to measure the lot coverage, would this request meet City of Colleyville pays 3 Printed on 8/4/2010 Zoning Board of Adjustment Minutes -Draft March 9, 2010 those requirements. Ron Ruthven replied yes. Board member Moore questioned the Architectural Board regarding if the house itself meets the standards of the architectural committee. He replied it does not. Board member Mayhew questioned staff regarding the living area of a dwelling unit, specifically the heated and air conditioned areas, exclusive of breezeways, basements, open and closed porches, common corridors, parking areas, parking garages, and access buildings were to be excluded; what is the definition stating to include those areas. Ron Ruthven replied the Land Development Code does contain a definition for the lot coverage with the building footprint. Board member Mayhew stated defined by the building. Ron Ruthven replied the entire area under roof. He stated any area that is under the roof, being a porch under the same roof, therefore could be enclosed and still be within the setbacks of the lot. Board Member Sams questioned staff regarding what is the definition of building. Ron Ruthven replied a structure built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind. Board Member Mayhew questioned staff if the access to the lake or pond is called an easement. Ron Ruthven replied actually it is part of 804 Fegans Path, a flag portion of that lot. Board member Moore questioned staff regarding if 804 will ever be developed. Chairman McNosky replied that is HOA land. Mr. Blake, the architect, came forward to show an exhibit on the podium. Board member Moore questioned Mr. Blake regarding the form survey presented previously. Mr. Blake replied that form survey has since been decreased from the original. He stated the stakes on the property are not the new ones. Board member Reynolds questioned Mr. Blake regarding if the homeowners who are present have lied to the Board with their exhibits. Mr. Blake replied they have misrepresented exhibits. Board member Reynolds questioned Mr. Blake regarding if he owns property in this subdivision or stand to make a profit if this variance is approved. Mr. Blake replied no he does not own property in this subdivision and has already been paid by the Ford's for his services. Board member Moore questioned staff if there are any plans or thought City of Colleyvllle peye 4 Printed on 8/4/2010 Zoning Board of Adjustment Minutes -Draft March 9, 2010 to amend the code with regards to the foot print size as to air conditioned and heated versus under roof. Ron Ruthven replied not at this time; however, he replied he would do other research to compare with other cities. There being no one wishing to speak, the public hearing was closed at 8:11 p.m. Board member Reynolds stated the Board should follow the recommendation made by staff. Board member Moore stated there is much ambiguity to the definitions. Board member Moore moved to approve case VC 10-001. Board member Mayhew seconded. The motion failed by the following vote: Aye: 3 -Moore, McNosky, Mayhew, Alt. 1 Nay: 2 -Reynolds, Sams Absent: 2 - Gotcher, Doyle, Alt. 2 5b Case VC10-002- Approval of a request for a variance to the lot coverage requirements by buildings in Chapter 3 - Land Use of the Land Development Code on Lot 13, Block 1 of the Colleyville Heights Addition located at 813 Regina Court Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 8:15 p.m. Todd Handwerk, the applicant, came forward and presented the case and briefed the Board members. Karen Moore, 5412 South Drive, spoke in opposition to the request with concerns for drainage on her property. Chairman McNosky stated acknowledging her concern and stated staff would have to follow through with the drainage issue. Board member Reynolds questioned Mr. Handwerk regarding what is the hardship with this request. Mr. Handwerk replied that within the last six months, staff has changed it's interpretation for the definition of lot coverage, as previously discussed with the first variance request of the evening. He stated they have designed the house based on what was approved in the past. City of Colleyville pays 5 Printed on 8/4J2010 Zoning Board of Adjustment Minutes -Draft March 9, 2010 Chairman McNosky stated not being comfortable the ambiguity of the definitions and stated that somewhere in the code it needs to state that in this year staff will follow this definition or interpretation which will carry on. Board member Reynolds questioned staff regarding who interpreted the lot coverage. Ron Ruthven replied it was a building inspector who also did plan reviews. He further stated he does not have any ambiguity in the definition; there is no wiggle room and stated it is a unique code requirement. Chairman McNosky stated once the definition is made clear; there needs to be a clear start date for the use of the new definition. Ron Ruthven concurred and stated not being comfortable with having to do this with these applicants. Board member Reynolds concurred. There being no one wishing to speak, the public hearing was closed at 8:30 p.m. Board member Moore moved to deny case VC 10-002. Board member Sams seconded. The motion to denied carried by the following vote: Aye: 5 -Reynolds, Moore, Sams, McNosky, Mayhew, Alt. 1 Absent: 2 - Gotcher, Doyle, Alt. 2 6. ADJOURNMENT The meeting adjourned at 8:32 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, March 5, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville page g Printed on 8/4/2010 .'.~_+y Ci~/ of Colle~/ville ` City Hall ~ ~ 7 100 Main Street Colleyville, Texas 76034 ~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Board Public Hearing Version: 1 Agenda Date: 06/08/2010 Controlling Body: Zoning Board of Adjustment Requester: Community Agenda No.: 5a Final Action: Development Department File Name: Case VC10-003 -PUBLIC HEARING -Request for a variance to the parking regulations of Chapter 3 of the Land Development Code on Lot 8A, Block 1 of the Thompson Terrace Addition located at 5117 Colleyville Boulevard Attachments: Location and Zoning Map Notification List Variance Request Building Elevations Provided by Applicant Document Provided by Applicant Parking Exhibit Provided by Applicant Proposed SH26 Reconstruction History of Legislative File Version: Date: Acting Body: Action Text: 1 06/08/2010 Zoning Board of Adjustment Title Case VC10-003 - PUBLIC HEARING - Request fora variance to the parking regulations of Chapter 3 of the Land Development Code on Lot 8A, Block 1 of the Thompson Terrace Addition located at 5117 Colleyville Boulevard Explanation Doris Gibson, who is the property owner and the applicant of 5117 Colleyville Boulevard, is requesting a variance to the parking regulations in Chapter 3 - Land Use in the Land Development Code. The subject property currently contains a 7,187 square foot retail building with a total of 16 parking spaces. As part of the future reconstruction of SH 26, the Texas Department of Transportation (TxDOT) has acquired right-of--way that effectively eliminates the existing parking spaces along SH26 and on the north side of the property. The applicant will also be required to reduce the building size by 1,137 square feet in order to accommodate the additional road right-of--way. As such, the applicant proposes to remodel, the building. Upon completion of the remodel project, only four parking spaces will remain. Therefore, the applicant is proposing to add seven (7) off-street parking spaces along the east portion of the subject property where it fronts Thompson Terrace. However, the addition of these spaces would require vehicles to back directly out of the parking spaces onto Thompson Terrace. The proposed parking will be angled at 45 degrees and designed for cars to park coming from the southbound direction of Thompson Terrace. Given the City of Colleyville page 1 Printed on 8/4/2010 Agenda Briefing Continued location of the proposed spaces, vehicles that park in those spaces would be required to back-out onto Thompson Thompson Terrace in order to leave the space. The parking regulations in the Land Development Code prohibit the location of off-street parking such that the space location would require vehicles to back-out onto a public street. Section 3.29(1)4 of the Land Development Code states: "Except for single-family dwelling units, parking spaces shall be arranged so that vehicles shall not be required to back out of the parking spaces directly into the street". There are, however, allowances for on-street parking spaces approved as part of a Planned Unit Development (PUD) or Special Use Permit (SUP) to back-out onto a street. For example, the portion of Main Street between Pleasant Run Road and Village Lane contains 45 degree angled on-street parking spaces on both sides of the street where vehicles must back-out into Main Street in order to leave the parking space. As on Main Street, the speed limit along Thompson Terrace is 30 miles per hour. Although there is always the risk of a collision with this type of parking, the risk is somewhat minimized in the situation in question given the speed limit, the fact there is a sharp turn coming south onto Thompson Terrace from SH26 thereby requiring traffic to move slower (approximately 15 miles per hour), and, finally, the fact that there are relatively few vehicles that traverse Thompson Terrace. Upon completion of SH26 reconstruction, it is estimated that there will be a maximum total of 1,563 vehicles traversing Thompson Terrace in a 24 hour period in both directions. This the same estimate for Main Street as well. By comparison, Glade Road has a 24 hour traffic count of 9,819 vehicles and Tinker Road has a 24 hour traffic count of 4,612 vehicles. Although the addition of the parking spaces requires a variance, adding the spaces is not required as a condition of the building remodel. Therefore, if the variance is denied, the remodel could continue as planned because the remodel does not increase the building size and because the cost of the remodel will not equal more the 50% of the appraised improvement value on the Tarrant County Appraisal District certified tax roll. Public Notification. Staff mailed notices to 12 property owners within 200 feet of the site, As of this writing, staff has received no correspondence in acknowledgement of the variance request. Summary. The applicant is requesting the additional parking spaces due to the loss of 12 parking spaces as a result of right-of-way acquisitions for the SH26 reconstruction project. Given this fact along with the fact that the applicant has nowhere to place any additional parking other than where he is proposing to place it, staff recognizes a hardship with this request. The hardship meets the hardship criteria of the Land Development Code because this property differs from other properties in the same zoning district due to its restricted developable area and the fact that the reason for the variance request involves a situation that is effectively beyond the control of the applicant. In terms of public safety, staff agrees that the risk of any vehicle collisions will be minimal and in line with the traffic flow along Main Street in The Village at Colleyville. Recommendation Approval City of Colleyville pays 2 Printed on 8/4/2010 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Davidson, Charles W Etux Velma 63 N Dulcet Hollow Cir The Woodlands TX 77382 5200 Colleyville Blvd Colleyville Terrace Salon & Da 5201 Colleyville Blvd Colleyville TX 76034 5201 Colleyville Blvd Villa a Mana ement Ltd 99 Main St Ste 200 Colleyville TX 76034 12 Main St Mitchell, Dann T & Margaret A 2814 Newcastle Dr Grapevine TX 76051 5108 Oak Timbers Ct Villa a Mana ement Ltd 99 Main St Ste 200 Colleyville TX 76034 13 Main St Gibson, Norman C Etux Doris A, applicant 113 Timberline Dr S Colle ville TX 76034 5117 Colle ille Blvd Bo'ku, Afrim 5309 Colleyville Blvd Colleyville TX 76034 5150 Colleyville Blvd Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 13 Main St Mitcham, Carl D 8 Brian C PO Box 983 Colleyville TX 76034 5121 Thompson Terr Swigart, William A 5104 Oak Timbers Ct Colleyville TX 76034 5104 Oak Timbers Ct Pleasant Run Holdin s Llc 5115 Colle ille Blvd Colle ille TX 76034 5115 Colle ville Blvd Sides, Joseph D 2911 Compton Rd Nashville TN 37215 5113 Thompson Terr Buchwald, Rudolph W III 1309 Ashford Ct Colleyville TX 76034 5101/5105 Colleyville Blvd Sides, Joseph D 2911 Compton Rd Nashville TN 37215 5117 Thompson Terr Thompson Terrace Investment Lp 5017 Colleyville Blvd Colleyville TX 76034 5104 Thompson Terr Sides, Joseph D 2911 Compton Rd Nashville TN 37215 5109 Thompson Terr Thompson Terrace Investment Lp 5017 Colle ville Blvd Colle ille TX 76034 5100/5024 Thompson Terr Public hearing notices were mailed on Monday, May 24, 2010 by Amy Shelley VARIANCE OR APPEAL APPLICATION ~~ t00 Main Strelet C~I'I'~ILi.R Colle ille TX 76034 rrxt~ Y~' 817.503.1050 Plsass 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? O Yes m No Have you filed an appeal or petition on this property before? 0'No ^ Yes 1. Completely describe the variance you are requesting. __et'I?~r l3EST~~ `(O_ At~~ _ ~~_ ST RAT _ _ ~eR~~i~ ~~1C'~__ _S:~'~ ~.d M ~'St2 n1 _ "'("~~AC~ ~© _ _ _-_ ~~~~ __ ~Lo'T.~L ~~-~1_t~~a.._. C~_v -.~T~~_ ~~>/~v EN ~ro~~Le NoJA'(~'D _~~ ?~ _~tP1L ~Ut~-1~1C~ 1-3.N1G~ 1ro5T 'QA~~1l~ ~tl~_"Co. 2. Do similar conditions exist in the area? Explain. ~~ - ~ t ~ SZ2e~ _ ~~I~ ~~ tZ5 ~ ~t~E._vsta.aczE_ off= c~i,l~ ~~~,1E _~c~,~s C~:.t~~~t11e._~~v~__ _ .. 3. Describe how the unique conditions or circumstances do not result from your actions. ~ W~ 2(p (,~,t lo~t~ ~b~ Ye~mOVeS ~6'ST-~Gr t~G T~ EAST , RE b1REC.Tl0~1 D_~._lV1H 1N ST._ _'~,Q.rn~,~!c{iS_~~~_S~~N~s ~'tNG, To tsor~-c~1 (~v _ .Rs~tt''~ 'i7e..+m~c.c2~oN ©~ _. 1 ~ ~r1_:/! ~ ~UfI~tIJL{ r C~~~ ~'AV..I~~*~cz ~'Y-mA~>D AT 110 • __ _-____ 4. Is there any way to do what you (want without this request? l.1 lTl-~ C U ~~1~T ~p~ Lt1~E ~E ~'!PJE A~~~_~~ -tom j?Rov_~o~ ~._0 i~ ~SZE _ f?l~LNft ~P ±A~~, __ 'C1~11~ ~~ DoT .~k~~t}~kl ~a-!R-. ~~N~.-~-lobs --~vt~Q~F_ C~~`~aiL L~~C-, 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 pn~ent 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 call 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 n:quest filed with the Community Development Department, and such withdrawal shall immediately stop all proceedings. I 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 building permit from the City before any worts is started on the property, and that the B ~d' a 'on does not constitu~t ~ primal of a building pemnit. Applicant's Initials Date (/ G~~"~tr,a IUJ~-/J j,~,4t2p ,~rzc,~ ~7~C~"~N.G ~L1.C;, .. /UoR.rrtA~N Grt~soN~~`[,~5°~r j~~Z14JS7' 13 Building Elevations Provided by Applicant 0 J m J J_ W J O U oc 3 O r_ Z O w J W H Vf W 3 z O H H Z 0 OC Z H W J W 2 U F- Z N<0 i O x .- O oc 3 O ~- Z O ~„ J W F N W aor C W Z m H Z Q H W W N d ~~~ ~~~ q ~~s,~ S Document Provided by Applicant Parking Exhibit Provided by Applicant ~ . ,I,~r~~ ~ z ~ ~a ~ `~ t-- i ~ Q ~ ~ -. a~ .. ^