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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-10/09/2018City 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 Tuesday, October 9, 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 Dan Shadle Place 3 Sayeda Syed Alternate 1 2. ELECTION OF OFFICERS Chair Vice Chair 3.PUBLIC HEARING AGENDA ITEMS 3a Request for a variance to certain provisions of Section 3.26, Fences, Free Standing Walls, and Screening Materials on Lot 1, of Oak Crest Hill Addition, located at 404 Oak Crest Hill Drive, Case VC18005 4.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards October 5, 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. Zoning Board of Adjustment Agenda October 9, 2018 City of Colleyville Page 2 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 Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 10/09/2018 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 Lot 1, of Oak Crest Hill Addition, located at 404 Oak Crest Hill Drive, Case VC18-005 Explanation Sergio and Marla Valle, the applicants, have submitted a variance request for 404 Oak Crest Hill Drive, described as Lot 1, of Oak Ridge Estates Addition, being approximately 0.6117 acres, and zoned R-20 Single-Family Residential District. The request is to allow for the construction of an 8 foot solid wooden fence to encroach into the 30 foot side yard setback (corner lot) and be located on the property line. Existing Conditions/Background: The subject property resides on the west side of Bransford Road, just west of the intersection of Colleyville Terrace and Bransford. The subject property is developed with an existing single family residence. Requested Variance: The applicant requests a variance to allow the construction of an 8 foot solid wooden fence to encroach into the 30 foot side yard setback (corner lot) and located on the property line. Ordinance –Section 3.26.E.2 & Section 3.26.E.2.c. Fence and Free Standing Wall Setback Requirements 2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences and walls within a required side yard adjacent to a street right of way shall meet the following setback standards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30”) in height or greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall shall be located not closer to the side property line than the required front setback of the adjoining lot; or Zoning Board of Adjustment Agenda Briefing 3a City of Colleyville Page 2 Chapter 1 (General Provisions) of the Land Development Code authorizes the Zoning Board of Adjustment to grant variances to the minimum standards set forth in Chapter 3 (Land Use) based on the following: 1.16.G Variances; Conditions Governing Applications; Procedures A variance from the terms of this ordinance shall not be granted by the Zoning Board of Adjustment unless and until: 1. A written application for a variance is submitted demonstrating: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; b. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; c. That the special conditions and circumstances do not result from the actions of the applicant; d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; e. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Analysis – The applicant had applied for a building permit to construct a wood fence 15 feet from the property line. Upon inspection of the fence, it was found that the fence had been installed on the property line. The applicant states the desire to construct a fence, which is located in the corner side yard, for the sake of noise reduction and privacy. While existing fences in the area have a legal non-conforming status, the property does not contain any unique characteristics which would justify a variance from the current regulations. The property owner has two options which could achieve the desired privacy and noise reduction and which do not require a variance. First, the property owner could construct an ornamental fence with a maximum 25% solid construction with an accompanying landscape buffer along the property line. Second, the property owner could plant landscaping/trees in lieu of any fencing. Zoning Board of Adjustment Agenda Briefing 3a City of Colleyville Page 3 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 the construction of the fence. Surrounding Development: The subject property is located in a predominantly residentially dominant location. The properties to the north, south, and west are zoned R-20 Single Family Residential. The properties to the east are zoned R-10 Single Family Residential. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. The 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 recommends denial of the request for variance based on the following findings: 1. The subject property does not differ from other parcels of land in the same district by restricted area, shape or slope so that it cannot develop without the variance. 2. No hardship has been identified beyond a self-created, personal, or financial hardship. 3. If granted, this variance allows a development privilege not permitted by the Land Development Code to other parcels of land. 4. In consideration of a variance for this case or any other variance case, a variance does not create any precedent because no nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Recommendation Denial Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Site Plan 6.Photos Provided by Applicant 7.Photos Provided by Applicant 8.Applicant's Approved Fence Application Zoning Board of Adjustment Agenda Briefing 3a City of Colleyville Page 4 9.Notification Map 10.Notification List 11.Property Owner Notifications B R A N S F O R D R O A D HIL L SID E RO AD CO L L EY VILLE TER O AK C RE ST HILL DRIVE O A K L E I G H L A N E 309 508 505 401313 505 504 501 504 509 500 500 505501 405 312 316 400 404 5604 5608 402 5612 5608 313 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. VC18-005 K Subject Property 404 Oak Crest Hill Drive B R A N S F O R D R O A D HIL L SID E RO AD COL L EY VILLE TER O AK C RE ST HILL DRIVE O A K L E I G H L A N EPUD-R R-10 R-10 R-20 305 309 508 508 505 316 508 401 508 313 505 504 504 400 501 504 509 500 500 500 505501 308 303 509 405 404304 312 316 5616 304 400 308 404 5604 5608 309 402 5612 5608 308 313 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. VC18-005 K Subject Property 404 Oak Crest Hill Drive B R A N S F O R D R O A D EU DA LY DR I V E HIL L SID E ROAD COLLEYVILLE TER LE TA LANE O AK C RE ST HILL DRIVE O A K L E I G H L A N E 513 305 516512 309 508 508 513 505 501 316 513 401 516 515 517 512508 313 505 504 504 517 400 501 504 509 500 512 300 500 500 505501 217 509 308 505 303 509 405 404304 508 312 316 5616 304 400 308212 512 600 404 5604 50457105701 5608 309 402 5612 5608 308 304300 301 305 313 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. VC18-005 K Subject Property Resid ential 404 Oak Crest Hill Drive Statement of Planning Objectives Statement of Planning Objectives Statement of Planning Objectives Site Plan Ph o t o s P r o v i d e d b y A p p l i c a n t Ph o t o s P r o v i d e d b y A p p l i c a n t Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Ph o t o s P r o v i d e d b y A p p l i c a n t Ph o t o s P r o v i d e d b y A p p l i c a n t Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant Photos Provided by Applicant GFODF TFUCBDL HBUF GU XPPE QSJWBDZ GFODF ƵŝůĚŝŶŐWĞƌŵŝƚZĞǀŝĞǁ WĞƌWWWWWWWWWWWWWWŵŝƚEƵŵďĞƌ: ĚĚƌĞƐƐ: ZĞǀZZZZZZZZZZZZŝĞǁ ^ƚĂƚƵƐ͗ ^ƚĂ^^^^^^^^^^^^^^^^ƚƵƐDate: ZĞǀZZZZZZZZZZZZŝĞǁĞƌ: BLD1805-230 404 Oak Crest Hill Dr Approved 6/1/2018 Caleb Tandy #-% BL D 1 8 0 5 - 2 3 0 Ad j a c e n t l o t w i t h f r o n t b u i l d i n g s e t b a c k a p p x . 2 5 0 f t ba c k f r o m p r o p e r t y l i n e o n B r a n s f o r d R d pr o p o s e d s i d e ya r d w o o d p r i v a c y fe n c e B R A N S F O R D R O A D OAK C RE ST HILL DRIVE O A K L E I G H LANE W I N N I E D R I V E FIELD STREET EU DA LY DRIV E HILLSID E ROAD COLLEYVILLE TER LE TA LANE OAK VA LL E Y DRIVE E 513 305 516 516 216 601 512 309 401 508 508 203 513 505 501 111 205 316204 511 5604 104 405 513 301 200 401 516 513 600 600 515 517 512508 205 515 313 500 505 504 209 504 517 601 400 600 213 501 504 509 500 213 212 317 512 601 305 5808 300 500 500 201 600 505501 217 509 209 308 309 313 601 504 505 303 509 217 208 405 404304 512508 401 508 312 316 5616 5601 304 513 400 5605 308 601 2125603 512 600 404 5604 509 504 5710 5712 5704 5705 204 501 5701 5608 309 402 5612 5608 5615 308304300 5701 5705 57095710 208204200 5625 5619 5611 5636 5632 5628 301 305 313 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. VC18-005 K Subject Property 500ft Buffer Properties within 500ft 404 Oak Crest Hill Drive Owner Name Owner Address Owner City Owner Zip Situs Address WALLER, EDWIN 513 LETA LN COLLEYVILLE, TX 76034 513 LETA LN BIRDWELL, JEFF 305 OAK CREST HILL DR COLLEYVILLE, TX 76034 305 OAK CREST HILL DR KOVAL, LINDSEY C 512 HILLSIDE RD COLLEYVILLE, TX 76034 512 HILLSIDE RD GAUER, FRANCES 309 OAK CREST HILL DR COLLEYVILLE, TX 76034 309 OAK CREST HILL DR HORAK, JO LANELLE PO BOX 395 COLLEYVILLE, TX 76034 508 EUDALY DR RAYESKI, JAMIE 508 HILLSIDE RD COLLEYVILLE, TX 76034 508 HILLSIDE RD ROLAND, ANTHONY 505 HILLSIDE RD COLLEYVILLE, TX 76034 505 HILLSIDE RD BURY, PAUL M 501 EUDALY DR COLLEYVILLE, TX 76034 501 EUDALY DR MARTIN, JERRY WAYNE 316 OAK VALLEY DR COLLEYVILLE, TX 76034 316 OAK VALLEY DR BUTLER, LINDSAY LEE 508 COLLEYVILLE TERR COLLEYVILLE, TX 76034 508 COLLEYVILLE TERR THOMPSON, DONNA V 401 OAK CREST HILL DR COLLEYVILLE, TX 76034 401 OAK CREST HILL DR CANNATELLA, PHYLLIS P 515 HILLSIDE RD COLLEYVILLE, TX 76034 515 HILLSIDE RD JEFFRIES, BRANDON 512 COLLEYVILLE TERR COLLEYVILLE, TX 76034 512 COLLEYVILLE TERR BUTLER, LINDSAY LEE 508 COLLEYVILLE TERR COLLEYVILLE, TX 76034 508 COLLEYVILLE TERR NORMAN, LESLIE 313 OAK CREST HILL DR COLLEYVILLE, TX 76034 313 OAK CREST HILL DR GRAY, JAMES M 505 LETA LN COLLEYVILLE, TX 76034 505 LETA LN QUALLS, JERRY L PO BOX 430 COLLEYVILLE, TX 76034 504 EUDALY DR HOLDER, SANDI 289 PINE DR SOUTHLAKE, TX 76092 504 HILLSIDE RD RUSHING, GREGORY DAN 400 OAK VALLEY DR COLLEYVILLE, TX 76034 400 OAK VALLEY DR NISBET, JEFFREY D 501 HILLSIDE RD COLLEYVILLE, TX 76034 501 HILLSIDE RD LEMASTER, SCOTT L 504 COLLEYVILLE TERR COLLEYVILLE, TX 76034 504 COLLEYVILLE TERR HILLSIDE BLUES LTD 608 CLIFF DR BELTON, TX 76513 509 HILLSIDE RD ALVARADO, PATRICIA L 500 COLLEYVILLE TERR COLLEYVILLE, TX 76034 500 COLLEYVILLE TERR DALTON, JOEL W 512 EUDALY DR COLLEYVILLE, TX 76034 512 EUDALY DR BASS, GREGORY 500 HILLSIDE RD COLLEYVILLE, TX 76034 500 HILLSIDE RD CARL D MCINTOSH FAMILY TRUST 1001 BURBERRY WACO, TX 76712 500 EUDALY DR DIATEL LLC 6406 CUTTER RIDGE CT COLLEYVILLE, TX 76034 505 COLLEYVILLE TERR SANDRUCK, JOCELYN M 501 COLLEYVILLE TERR COLLEYVILLE, TX 76034 501 COLLEYVILLE TERR SCHORNICK, AMY 217 OAK CREST HILL DR COLLEYVILLE, TX 76034 217 OAK CREST HILL DR WESTERMAN, THOMAS F 308 OAK VALLEY DR COLLEYVILLE, TX 76034 308 OAK VALLEY DR HARROD, LARRY D 505 EUDALY DR COLLEYVILLE, TX 76034 505 EUDALY DR WOODLAND INVESTMENT TRUST 3 4400 STATE HWY 360 GRAPEVINE, TX 76051 303 OAK CREST HILL DR VARELA, ANDRES A 509 COLLEYVILLE TERR COLLEYVILLE, TX 76034 509 COLLEYVILLE TERR PRESNALL, ROGER 405 OAK CREST HILL DR COLLEYVILLE, TX 76034 405 OAK CREST HILL DR AGAPE HOLDINGS LLC 404 OAK VALLEY DR COLLEYVILLE, TX 76034 404 OAK VALLEY DR HPA BORROWER 2016-1 LLC 180 N STETSON AVE STE 3650 CHICAGO, IL 60601 304 OAK VALLEY DR BURTIN, VIOLET M 312 OAK CREST HILL DR COLLEYVILLE, TX 76034 312 OAK CREST HILL DR WRIGHT, TRENTON 316 OAK CREST HILL DR COLLEYVILLE, TX 76034 316 OAK CREST HILL DR TANNER, BRUCE 5616 BRANSFORD RD COLLEYVILLE, TX 76034 5616 BRANSFORD RD MIHILLS, CODY 304 OAK CREST HILL COLLEYVILLE, TX 76034 304 OAK CREST HILL DR HEITMAN, NICHOLAS 400 OAK CREST HILL DR COLLEYVILLE, TX 76034 400 OAK CREST HILL DR FRANCIS, CHERYL ANN 308 OAK CREST HILL DR COLLEYVILLE, TX 76034 308 OAK CREST HILL DR VALLE, SERGIO 404 OAK CREST HILL DR COLLEYVILLE, TX 76034 404 OAK CREST HILL DR HEYNE, JOSEPH 8108 HALLMARK DR NORTH RICHLAND HILLS, TX 76182 5604 BRANSFORD RD TANNER, VICKI 15618 HADDON FIELD WAY DARNESTOWN, MD 20878 5710 BRANSFORD RD WEST, GARY R 104 OAK VALLEY DR COLLEYVILLE, TX 76034 5701 BRANSFORD RD BUCKLEY, RACHEL L 5608 BRANSFORD RD COLLEYVILLE, TX 76034 5608 BRANSFORD RD WILBOW-OAKLEIGH DEVELOPMENT CO 4133 N CENTRAL EXPRESSWAY STE DALLAS, TX 75204 309 OAKLEIGH LN WILBOW-OAKLEIGH DEVELOPMENT CO 4133 N CENTRAL EXPRESSWAY STE DALLAS, TX 75204 402 OAKLEIGH LN WILBOW-OAKLEIGH DEVELOPMENT CO 4133 N CENTRAL EXPRESSWAY STE DALLAS, TX 75204 5612 BRANSFORD RD 5608 WINNIE DR TANNER, VICKI 5616 BRANSFORD RD COLLEYVILLE, TX 76034 308 OAKLEIGH LN WILBOW-OAKLEIGH DEVELOPMENT CO 4133 N CENTRAL EXPRESSWAY STE DALLAS, TX 75204 305 OAKLEIGH LN WILBOW-OAKLEIGH DEVELOPMENT CO 4133 N CENTRAL EXPRESSWAY STE DALLAS, TX 75204 313 OAKLEIGH LN GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED VALLE, SERGIO 404 OAK CREST HILL DR COLLEYVILLE, TX 76034 APPLICANT Public hearing notices were mailed on September 21, 2018 by Araceli Botello Notification List NOTICE OF PUBLIC HEARING Zoning Case Number: VC18-005 Owner: Sergio and Marla Valle Applicant: Sergio and Marla Valle Location: 404 Oak Crest Hill Drive Property Description: Lot 1, of Oak Crest Hill Addition Present Zoning: R-20 Single Family Residential District Request: Request for a variance to certain provisions of Section 3.26, Fences, Free Standing Walls, and Screening Materials on Lot 1, of Oak Crest Hill Addition, located at 404 Oak Crest Hill Drive. The request is allow for the construction of an 8 foot solid wooden fence to encroach into the 30 side yard setback (corner lot) and located at the property line. The City of Colleyville has scheduled public hearings concerning the above referenced request on the following dates and location: Zoning Board of Adjustment Meeting: Tuesday, October 9, 2018 at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved City tax roll. Action by the Zoning Board of Adjustment serves as a final action on the request. The City Council cannot review or overturn decisions of the Board. The decisions of the Board can only be appealed to District Court. All interested persons are encouraged to attend the public hearing and express their opinions on the variance request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/government/departments-a-l/community-development/active-development-cases. For additional information, please contact the Community Development Department at 817.503.1052. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com Date: OGl 21 201,6 SPEAKER CARD I will speak In Support of this item. _ I will speak In Opposition to this item. I do not wish to speak but please record my: ❑support ❑opposition Agenda Item Number: Y gq- o07 Name: Addres City:__j State: -5 -Zip Code: �6 Telephone Number: Representing: 5444 (organization/self) I understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the ZBA or SBA will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: SC/x/14 This information is a Public Record. Date: /6 9 SPEAKER CARD I will speak In Support of this item. t--' ` I will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: a QLso 6w U • 5l �y gq��v,eyj ,eb Name:SC�'N NE,v Cd�c�yv/Lcc:, Tx Gui1k' i g/®g /FrlGc �r 2K 7� 2. Ad rd City: /U XICk4-1nIA fel SLS State: X Zip Code: 7 -6/F2 - Telephone Number: I92 -765 Representing: :5e -&f' (organization/self) I understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the ZBA or SBA will not respond in accordance with the Tex Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record.