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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-08/15/2018City 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 Wednesday, August 15, 2018 City Council Chambers 7:00 PM CITY COUNCIL CHAMBERS  THIRD FLOOR  CALL TO ORDER PLEDGE OF ALLEGIANCE 1.SWEARING IN OF NEWLY APPOINTED MEMBERS Scott McCombs ­ Alternate 1 2.PUBLIC HEARING AGENDA ITEMS 2a Request  for  a  variance  to  Section  3.24.G,  Schedule  of  District  Regulations  of  the  Land  Development  Code,  specifically  the  lot  coverage  requirements,  on  Lot  8,  Block  2,  of  the  Wescoat  Place  Addition, located at 6009 Westcoat Drive, Case VC18­003 2b Request  for  a  variance  to  Section  3.24.G,  Schedule  of  District  Regulations  of  the  Land  Development  Code,  specifically  the  lot  coverage and setback requirements, on Lot 30A, Block 1, of Wescoat  Place Addition, located at 5901 Westcoat Drive, Case VC18­004 3.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards on August 10,  2018 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. Zoning Board of Adjustment Agenda August 15, 2018  City of Colleyville                                                                                 Page 2 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 Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2a Agenda Date 08/15/2018 Number Type Public Hearing Agenda Items Department Community Development Title Request for a variance to Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically the lot coverage requirements, on Lot 8, Block 2, of the Wescoat Place Addition, located at 6009 Westcoat Drive, Case VC18-003 Explanation Jeff Polk, the applicant, has submitted a request for a variance to the maximum lot coverage at 6009 Westcoat Drive. This request is to allow for an increase in maximum lot coverage to 25 percent in lieu of the 20 percent maximum lot coverage as allowed by the current zoning in order to build a single-car garage and caretaker’s suite area. The request is to construct a 4,913 square foot home on an existing platted lot which is less than the required 40,000 square feet for the R-40 district. Existing Conditions/Background: The subject property is a platted lot of the Wescoat Place Addition and zoned R-40 Single Family Residential District. The subject property is generally located on the east side of Westcoat Drive and north of LD Lockett Road. The subject property was previously developed with one single family residential home which was recently demolished. The subject property was platted in 1952 prior to the incorporation of the City of Colleyville. At this time the property was most likely in the City of Grapevine or its Extraterritorial Jurisdiction (ETJ). No zoning regulations were in place at the time the plat was approved. Therefore, the creation of the subdivision with a majority of the lots being less than 40,000 square feet was not an issue. However, the conditions on the ground today are not consistent with the zoning district in which the subdivision is located. This creates the potential for conflict and variance requests when a homeowner wishes to construct a larger home during the redevelopment process. Requested Variance: Request – The applicant is requesting a variance to the maximum lot coverage for the R-40 district. The applicant has requested to increase the maximum lot coverage from 20 percent to 25 percent. Ordinance – Section 3.24.G Schedule of District Regulations requires a maximum 20 percent lot coverage for the R-40 Single Family Residential district. Chapter 1 (General Provisions) of the Land Development Code authorizes the Zoning Zoning Board of Adjustment Agenda Briefing 2a City of Colleyville Page 2 Board of Adjustment to grant variances to the minimum lot coverage and 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 to other parcels of land in the district.” Analysis – The subject property is a legal lot of record; however, it does not meet the minimum requirements of the R-40 district. The total area for Lot 8 is 20,000 square feet. Given the limited area and the existing zoning, staff believes the applicant has presented a hardship due to the “specific parcel of land which differs from other parcels of land in the same district by being of such restricted area.” The applicant desires to construct a single-story 4,913 square foot home on Lot 8. The maximum lot coverage allowed in the R-40 district is 20 percent, or 4,000 square feet. The proposed 4,913 square foot home would exceed the maximum lot coverage by 913 square feet. The total proposed lot coverage is approximately 24.6 percent. Based on this information the applicant has requested a variance to allow up to a maximum 25 percent lot coverage. One of the justifications provided by the applicant is related to the design of the house. The home owner has been diagnosed with Parkinson’s which necessitates the single- story design. Additionally, the proposed garage space and caretaker’s suite has been designed to accommodate future needs that are anticipated as a result of the disease. Should the variance request be denied, the applicant will be required to comply with all of the zoning regulations for the R-40 district. Essentially, the applicant will be limited to a maximum of 4,913 square feet (footprint, under roof) on the subject property. Surrounding Development: The properties to the north, south, and east are zoned R-40 Single Family Residential district and developed with single family homes. The properties to the west are zoned R-20, R-30, and R-40 Single Family Residential districts and developed with single family homes. 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 Zoning Board of Adjustment Agenda Briefing 2a City of Colleyville Page 3 State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: The applicant has presented a hardship on the subject property as defined in the Land Development Code. The subject property “differs from other parcels of land in the same district” due to the limited area of the lot. The requested variance should not adversely impact the surrounding properties, and any future development will be required to comply with all development regulations. Staff recommends approval of the request. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Site Plan 6.Floor Plan 7.Additional Documents Provided by Applicant 8.Notification Map 9.Notification List L D L O C K E T T R O A D W E S T C O A T D R I V E 5913 6013 6000 6108 5909 5901 6108 6104 6004 6008 5916 5905 6105 5917 6003 6101 6002 5919 6105 6015 6101 6001 6201 6100 108 5909 112 5908 6008 6012 6009 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. VC18-003 K Subject Prop erty 6009 Westcoat Drive L D L O C K E T T R O A D W E S T C O A T D R I V ER-30 R-30 R-20 AG R-20 R-40 5913 6013 6000 6108 5909 5901 6108 6104 6004 6008 5916 5905 6105 5917 6003 6101 6002 5919 6105 6015 6101 6001 6201 6100 108 5909 112 5908 6008 6012 6009 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. VC18-003 K Subject Prop erty 6009 Westcoat Drive L D L O C K E T T R O A D W E S T C O A T D R I V E 5913 6013 6000 6108 5909 5901 6108 6104 6004 6008 5916 5905 6105 5917 6003 6101 6002 5919 6105 6015 6101 6001 6201 6100 108 5909 112 5908 6008 6012 6009 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. VC18-003 K Subject Prop erty Resid entia l In stitu tiona l 6009 Westcoat Drive THORESON HOME - 6009 WESTCOAT VARIANCE REQUEST - 25% MAX LOT COVERAGE ---------------------------------------------- Statement of Planning Objectives Overview----------------------------------------------------------------------------------------------------------------- We are requesting a variance for an increase to 25% max lot coverage for Jeff and Pam Thoreson’s home at 6009 Westcoat. The current zoning is R-40 which requires a max lot coverage of 20%. SPECIAL CONDITIONS AND CIRCUMSTANCES x Lot is less than half an acre (0.46 acres) which is typical of R-20 zoning which allows for 25% max lot coverage (R- 30 allows 25% as well) x Home is currently being permitted and the third car garage was eliminated to meet the 20% requirement. The home as designed has only 3,056 SF of living space and the health of the owners prohibits a second floor as an option. x Jeff Thoreson, the owner has been diagnosed with Parkinson’s (see attached letter). Accessibility is of the upmost importance and the lot was purchased in early 2018 to build a home that would meet his unique needs. x In order to use the garage with wheelchair access to the home, the 2 car garage on the plans being permitted will only allow for 1 accessible vehicle, leaving enough space for an accessible route and maneuvering a wheelchair. The 3rd car garage that was removed to meet the R-40 / 20% lot coverage requirement will be necessary to park a second vehicle. x The caretaker’s suite as seen on the attached exhibit would be attached to the home and is intended to for a live-in caretaker which we expect will be needed in the future. While we are asking for the 25% max lot coverage variance, we do not plan to build the caretaker’s suite at this time. APPROVAL OF REQUESTED VARIANCE WOULD NOT CONFER ON THE APPLICANT ANY SPECIAL PRIVELAGE It is our view that this request for a variance to increase the max lot coverage to 25% would bring into alignment the zoning district regulations with the actual lot size, making the lot coverage consistent with a substatial majority of Colleyville lots of similar size, typically zoned R-20 or R-30. Additionally, there is precedence for approval of similar variance requests for disabled residents and we do not believe a variance approval based on accessibility concerns, especially given the misaligned lot size and zoning regulations in place intended for a lot twice the size. ATTACHMENTS--------------------------------------------------------------------------------------------------------- 1. Site exhibit showing the proposed addition and calculations for max lot coverage. 2. Exhibit showing floor plan for proposed addition of the 3rd car garage and caretaker’s suite. Thank you for your service to Colleyville and its residents. We ask that you please consider this variance request and trust your discernment in considering this critical zoning variance request. Please call or email with any questions. Respectfully, Jeff Polk Wardlaw Polk Design Build Statement of Planning Objectives Si t e P l a n Floor Plan Additional Documents Provided by Applicant Additional Documents Provided by Applicant Additional Documents Provided by Applicant L D L O C K E T T R O A D W E S T C O A T D R I V E B E T T I N G E R D R I V E 5913 209 6013 6000 6301 5904 6108 5909 5901 6205 6108 6004 6008 6112 6104 5908 6100 6000 6004 6008 5916 5816 5905 6105 6206 5917 6114 6003 6101 6207 6002 6108 6201 6001 6001 213 6200 5919 6204 5900 205 6109 411 201 6113 6105 6200 6015 6101 6104 401 401 6001 6201 6100 100 108 5909 112 5908 5817 6008 6016 104 6012 5813 6009 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. VC18-003 K Subject Prop erty 200ft Buffer Properties within 20 0ft 6009 Westcoat Drive Owner Name Owner Address Owner City Owner Zip Situs Address JOHN & WANDA BENNETT TRUST 6013 BETTINGER DR COLLEYVILLE, TX 76034 6013 BETTINGER DR THE CARTER REVOCABLE TRUST 6000 WESTCOAT DR COLLEYVILLE, TX 76034 6000 WESTCOAT DR WALKER, RUSSELL W 5909 WESTCOAT DR COLLEYVILLE, TX 76034 5909 WESTCOAT DR PACE, JOHN C 6004 LD LOCKETT RD COLLEYVILLE, TX 76034 6004 L D LOCKETT RD KIDD, WALTER EST 304 AZALEA DR GRAPEVINE, TX 76051 6008 WESTCOAT DR DOODY, KEVIN 1109 SOMERSET BLVD COLLEYVILLE, TX 76034 5916 L D LOCKETT RD ADAMS, MARY 6003 WESTCOAT DR COLLEYVILLE, TX 76034 6003 WESTCOAT DR CAMERON, MARK J 6002 WESTCOAT DR COLLEYVILLE, TX 76034 6002 WESTCOAT DR THRASHER, MARSHALL 5919 BETTINGER DR COLLEYVILLE, TX 76034 5919 BETTINGER DR 6015 WESTCOAT DR STOUT, JONATHAN 6101 WESTCOAT DR COLLEYVILLE, TX 76034 6101 WESTCOAT DR GORMAN, FRANK M 6001 WESTCOAT DR COLLEYVILLE, TX 76034 6001 WESTCOAT DR 2 HORSE LTD 6105 WESTCOAT DR COLLEYVILLE, TX 76034 6100 L D LOCKETT RD BRANUM, MARY ANN 5816 ARBOR RD FORT WORTH, TX 76180 6008 L D LOCKETT RD JLP REI LLC 4105 PARKVIEW CT BEDFORD, TX 76021 6009 WESTCOAT DR GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED POLK, JEFF 1904 INDUSTRIAL BLVD, SUITE 104 COLLEYVILLE, TX 76034 APPLICANT Public hearing notices were mailed Friday, June 22, 2018 by Araceli Botello Notification List 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 2b Agenda Date 08/15/2018 Number Type Public Hearing Agenda Items Department Community Development Title Request for a variance to Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically the lot coverage and setback requirements, on Lot 30A, Block 1, of Wescoat Place Addition, located at 5901 Westcoat Drive, Case VC18-004 Explanation Jerry Graves, the property owner, has submitted a request for a variance to the maximum lot coverage and side yard setbacks at 5901 Westcoat Drive. This request is a result of the property owner wishing to construct a new 3-car garage and patio cover which will exceed the 20 percent maximum lot coverage allowed on an lot which is less than the required 40,000 square feet for the R-40 district and which will encroach into the side yard setbacks. Existing Conditions/Background: The subject property is a lot of record that belongs the Wescoat Place Addition and zoned R-40 Single Family Residential District. The subject property is located on the northeast corner of Westcoat Drive and LD Lockett Road. The subject property is developed with one single family residential home. The subject property was platted in 1952 prior to the incorporation of the City of Colleyville. At this time the property was most likely in the City of Grapevine or its Extraterritorial Jurisdiction (ETJ). No zoning regulations were in place at the time the plat was approved. Therefore, the creation of the subdivision with a majority of the lots being less than 40,000 square feet was not an issue. However, the conditions on the ground today are not consistent with the zoning district in which the subdivision is located. This creates the potential for conflict and variance requests when a homeowner wishes to construct a larger home during the redevelopment process. Requested Variance: Request – The applicant is requesting two variances: 1.A variance to the maximum lot coverage for the R-40 district. The applicant has requested to increase the maximum lot coverage from 20 percent to 25 percent. 2. A variance to the side yard setbacks on the northwest and southeast property lines. The applicant is requesting to encroach ten (10) feet into the required 15 foot side yard setback and fifteen (15) feet into the street-side yard setback. Zoning Board of Adjustment Agenda Briefing 2b City of Colleyville Page 2 Ordinance – Section 3.24.G Schedule of District Regulations requires a maximum 20 percent lot coverage, a minimum 15 foot side yard setback, and a 40 foot street-side yard setback for the R-40 Single Family Residential district. Chapter 1 (General Provisions) of the Land Development Code authorizes the Zoning Board of Adjustment to grant variances to the minimum lot coverage and 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 to other parcels of land in the district.” Analysis – The subject property is a lot of record; however, it does not meet the minimum requirements of the R-40 district. The total area for Lot 30A is 15,000 square feet. Given the limited area and the existing zoning, staff believes the applicant has presented a hardship due to the “specific parcel of land which differs from other parcels of land in the same district by being of such restricted area.” The applicant desires to construct a 956 square foot garage addition and a 727 square foot patio cover addition on the property. The maximum lot coverage allowed in the R- 40 district is 20 percent, or 3,000 square feet. The proposed garage and patio cover additions to the home will total 3,713 square feet, which would exceed the maximum lot coverage by 713 square feet. The total proposed lot coverage is approximately 24.75 percent. Based on this information the applicant has requested a variance to allow up to a maximum 25 percent lot coverage. The applicant also requests variances to the side yard setbacks on the northwestern and southeastern property lines to allow the patio cover to encroach ten feet into the required 15 foot side yard setback and the garage to encroach 15 feet into the required 40 foot street-side yard setback. The applicant contends the variance is necessary due to the desire to construct the additions with similar setbacks to the single story home. Should the variance request be denied, the applicant will be required to comply with all of the zoning regulations for the R-40 district. Essentially, the applicant will be limited to a maximum of 3,000 square feet (footprint, under roof) and also be required to comply with the 15 foot side yard setback and the 40 foot street-side yard setbacks on Zoning Board of Adjustment Agenda Briefing 2b City of Colleyville Page 3 the subject property. Surrounding Development: The properties to the northwest and northeast are zoned R-40 Single Family Residential district and developed with single family homes. The properties to the southwest are zoned R-20 Single Family Residential district and developed with single family homes. The property to the southeast across LD Lockett Road is the Cottonbelt Trail and train tracks. 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: The applicant has presented a hardship on the subject property as defined in the Land Development Code. The subject property “differs from other parcels of land in the same district” due to the limited area of the lot. The requested variance should not adversely impact the surrounding properties, and any future development will be required to comply with all development regulations. Staff recommends approval of the request. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Site Plan 5.Garage Exhibit 6.Notification Map 7.Notification List L D L O C K E T T R O A D W ESTC O AT D RIVE 6000 6301 5909 5901 6004 6008 5916 5905 60036002 105 6001 6001 5919 411 401 401401 6001 6201 6100 100 108 5909 112 5908 5817 6008 6016 104 60126009 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. VC18-004 K Subject Prop erty 5901 Westcoat Drive L D L O C K E T T R O A D W ESTC O AT D RIVE R-30 R-20 AG R-20 R-20 R-15 R-406000 6301 5909 5901 6004 6008 5916 5905 60036002 105 6001 6001 5919 411 401 401401 6001 6201 6100 100 108 5909 112 5908 5817 6008 6016 104 60126009 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. VC18-004 K Subject Prop erty 5901 Westcoat Drive L D L O C K E T T R O A D W ESTC O AT D RIVE 6000 6301 5909 5901 6004 6008 5916 5905 60036002 105 6001 6001 5919 411 401 401401 6001 6201 6100 100 108 5909 112 5908 5817 6008 6016 104 60126009 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. VC18-004 K Subject Prop erty Resid entia l In stitu tiona l 5901 Westcoat Drive Si t e P l a n Ga r a g e E x h i b i t Ga r a g e E x h i b i t Ga r a g e E x h i b i t L D L O C K E T T R O A D B R A N S F O R D R O A D W E S T C O A T D R I V E 405 5913 209 6013 6000 6301 6108 59045909 5901 6205 312 6301 6205 6108 6104 6208 6208 6004 5708 6008 305101 6000 5816 5916 5905 6105 6206 5917 5812 6209 6003 6211 6113 5901 6101 6207 6002 5808 6201 6001 6113 6001 213 6212 500 6200 5919 6204 205 6001 6109 201 500 6113 6105 6200 504 6015 6101 100 6104 401 6100 6001 6201 6201 6100 400 400 6204 403 100 108 5909 112 5908 5817 6008 6016 5805 104 5809 6012 5801 5712 5705 501 5608 5705 57095710 6009 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. VC18-004 K Subject Prop erty 200ft Buffer Properties within 20 0ft 5901 Westcoat Drive Owner Name Owner Address Owner City Owner Zip Situs Address WALKER, RUSSELL W 5909 WESTCOAT DR COLLEYVILLE, TX 76034 5909 WESTCOAT DR GRAVES, JERRY W 5901 WESTCOAT DR COLLEYVILLE, TX 76034 5901 WESTCOAT DR PACE, JOHN C 6004 LD LOCKETT RD COLLEYVILLE, TX 76034 6004 L D LOCKETT RD DOODY, KEVIN 1109 SOMERSET BLVD COLLEYVILLE, TX 76034 5916 L D LOCKETT RD HALL, ANN-NITA PEARL 5905 WESTCOAT DR COLLEYVILLE, TX 76034 5905 WESTCOAT DR GORMAN, FRANK M 6001 WESTCOAT DR COLLEYVILLE, TX 76034 6001 WESTCOAT DR REGIONAL RAIL ROW CO PO BOX 660163 DALLAS, TX 75266 6201 L D LOCKETT RD YOUNGREEN, ROBERT M 108 W LD LOCKETT RD COLLEYVILLE, TX 76034 108 W L D LOCKETT RD SULLIVAN, JOHN F 5908 WESTCOAT DR COLLEYVILLE, TX 76034 112 W L D LOCKETT RD SULLIVAN, JOHN F 5908 WESTCOAT DR COLLEYVILLE, TX 76034 5908 WESTCOAT DR GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED GRAVES, JERRY W 5901 WESTCOAT DR COLLEYVILLE, TX 76034 APPLICANT Public hearing notices were mailed Friday, June 22, 2018 by Araceli Botello Notification List