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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-3/8/2011City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com -~--~.. ~~7 - t~~+~~ Meeting Agenda Tuesday, March 8, 2011 7:00 PM City Council Chambers Sign Board of Appeals ~~~~ ~~~ City of Colleyville { 1~ -_."~_ I ..t Meeting Agenda ~.>:. Sign Board of Appeals City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 8, 2011 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES February 8, 2011 5. PUBLIC HEARING AGENDA ITEMS 5b Case SC10-009 -PUBLIC HEARING -Request for a variance from the sign regulations for a monument sign on Lot 8R2, Block 1 of the Heritage Office Parc Addition located at 5213 Heritage Avenue 6. JOU MENT I hereb ertify the a e a enda was posted on the bulletin boards at City Hall on Frid ,March 4, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 1 Printed on 3/2/2011 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~+~. „r t~,s~~ Minutes -Draft Tuesday, February 8, 2011 7:00 PM City Council Chambers Sign Board of Appeals ~ ,..- ~> ~~~~ ~,~ ., City of Colleyville Minutes -Draft Sign Board of Appeals City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 vrww. co 1 1 eyvi 1 1 e. co m Tuesday, February 8, 2011 7:00 PM City Council Chambers 1. CALL TO ORDER The Sign Board of Appeals meeting of the City of Colleyville was called to order by Chairman McNosky on February 8, 2011 at 7:04 p.m. 2. ROLL CALL Present: Board members Jim Gotcher, Ed Moore, Tracy Doyle, Dee McNosky and Eric Hulet (Alternate 1) and John Okray (Alternate 2) Absent: Board member Skip Reynolds Staff Present: Ron Ruthven, Marty Wieder and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the January 11, 2011 meeting minutes as written. Board member Gotcher seconded. The motion carried by the following vote: Aye: 4 -Gotcher, Moore, Doyle, McNosky Absent: 2 -Reynolds, John Okray, Alt. 2 5. SWEARING IN OF NEWLY APPOINTED MEMBER Amy Shelley administered the Oath of Office to Eric Hulet, Alternate 1. 6. PUBLIC HEARING AGENDA ITEMS 6a Case SC10-008 -PUBLIC HEARING -Request for a variance from the sign regulations for a monument sign on Lot 1, Block 1 of the Tuscany Addition located at 5850 Colleyville Boulevard Jackie Reyff presented the case and briefed the Board members. Lynn Bural, the applicant, came forward to present the case and brief the Board members. Chairman McNosky opened the public hearing at 7:10 p.m. City of Colleyville Page 1 Printed on 2/10/2011 Sign Board of Appeals Minutes -Draft February 8, 2011 Board member Moore questioned the applicant regarding what is the reason for the one foot variance as opposed to the 8 foot that is required by code. Mr. Bural replied that the building is very close to the property line and the placement request is so that the sign could be seen. Board member Gotcher questioned staff regarding what is the distance from the property line to the building. Ron Ruthven stated he would check the file. Board member Gotcher questioned Mr. Bural regarding what is the motivation to put the sign on this side of the building. Mr. Bural replied there are no signs on the side and there are multiple businesses in the building and they have no advertisements for their location. Board member Gotcher questioned Mr. Bural regarding if there is advertisement anywhere on the building for these back businesses. Mr. Bural replied no. Board member Moore questioned Mr. Bural regarding the original request was with metal only, no masonry, why the change now? Mr. Bural replied staff recommended the masonry columns, however, he stated the request is for an eight inch masonry columns as opposed to 18 inches as required by the code since the sign is smaller. Board member Moore questioned Mr. Bural regarding if there will be a monument sign on Colleyville Boulevard for these businesses. Mr. Bural stated the existing monument sign has the businesses on it however; the businesses are having difficulty with directions for patrons. Board member Gotcher questioned Mr. Bural if the businesses are advertised on the monument sign on Colleyville Boulevard. Mr. Bural replied yes. Board member Moore questioned Mr. Bural regarding if the one on Colleyville Boulevard will remain. Mr. Bural replied yes. Board member Moore stated the sign ordinance does not allow for two signs on one property. Ron Ruthven stated they would be allowed to have one sign per street frontage and in this case they could have one located on Tuscany and one on Colleyville Boulevard. He further stated that the variance request is for a one foot setback instead of the. required eight foot. Board member Gotcher questioned staff regarding if the 18 inch base requirement is required regardless of the size of the sign. Ron Ruthven replied yes. City of Colleyville Page 2 Printed on 2/10/2011 Sign Board of Appeals Minutes -Draft February 8, 2011 Board member Gotcher questioned staff regarding the distance of the building from the property line. Ron Ruthven replied the building is 20 feet from the property line, right on the setback line. Board member Gotcher questioned staff regarding if the sign met the code as far as setback requirements, it would be more than 10 feet in front of the building. Ron Ruthven stated the width of the sign is five feet wide, counting the eight foot setback requirement; the sign would be setback seven feet from the building. Board member Moore questioned staff regarding if the applicant is requesting two variances. Ron Ruthven replied yes and further explained the spirit of Chapter 7-Sign Regulations. Chairman McNosky questioned staff regarding if a sign, that met all of the code requirements, would fit in the required set back. Ron Ruthven replied yes. Chairman McNosky questioned staff regarding if putting a sign that close to the building would create a hardship, danger or any other violation. Ron Ruthven replied no. Board member Gotcher questioned staff regarding if the visibility triangle is obstructed. Ron Ruthven replied no. He stated if the sign is left, like shown on the exhibit, it may slightly encroach the visibility triangle, but he could move it back about two to three feet. Mr. Bural stated he would have it out of the visibility triangle. Board member Gotcher stated it being unfortunate that the code does not allow for a smaller sign with regards to the masonry requirements. Board member Gotcher stated the hardship here. is that the business owners would like to have more visibility. Mr. Bural concurred. Chairman McNosky stated understanding the smaller sign. Mr. Bural discussed the subdivision signs for Tuscany. There being no one wishing to speak, the public hearing was closed at 7:30 p.m. Board member Gotcher moved to approve case SC10-008 with the understanding that the visibility triangle is not imposed. Board member McNosky seconded. City of Colleyville Page 3 Printed on 2/10/2011 Sign Board of Appeals Minutes -Draft February 8, 2011 The motion failed by the following vote: Aye: 3 -Gotcher, Doyle, McNosky Nay: 2 -Moore, Hulet, Alt. 1 6b Case SC11-001 -PUBLIC HEARING -Approval of a request for a variance from the sign regulations regarding sign height on Tract 3C1, Abstract 963 of the A.J. Lott Survey located at 6607 Colleyville Boulevard Jackie Reyff presented the case and briefed the Board members. Board member Moore questioned staff regarding if the sign was approved. Ron Ruthven replied the setback variance was approved however, the height variance was not approved. Board member Gotcher questioned staff regarding why the applicant is coming back. Ron Ruthven stated the applicant did not appeal this request to City Council and since there was not an appellant action done, they have the ability to reapply. Lynn Bural, the applicant, came forward to present the case and brief the Board members and stated the land owner stated the building is 10 feet from the new property line, however, they determined that the marker was between five and six feet in front of the building. He further explained that the new sign would be about four feet behind. the building because of the property line. Chairman McNosky opened the public hearing at 7:35 p.m. Board member Moore questioned if the applicant received approval by City Council. Ron Ruthven stated the Sign Board of Appeals approved the variance request with regards to the location of the sign but not for variance to the height. Board member Moore stated not seeing the difference of the eight foot versus the 12 foot. Mr. Bural stated the height will make the difference in being able to see the sign coming from the south with cars parked in front of it. Board member Okray questioned Mr. Bural regarding if a wall sign could be placed on the building instead of a monument sign. Board member Hulet questioned staff regarding if there are any other signs that are similar to this request. Ron Ruthven replied yes and explained several locations that currently exist and variances that have been granted by the Sign Board and by City Council. City of Colleyville Page 4 Printed on 2/10/2011 Sign Board of Appeals Minutes -Draft February 8, 2011 Board member Gotcher questioned staff regarding the bank that requested a height variance and the Board denied that request. Ron Ruthven replied yes and it was not appealed to City Council. Board member Gotcher stated for clarity that the height issue is the only request, this time. Ron Ruthven concurred. There being no one wishing to speak, the public hearing was closed at 7:43 p.m. Board member Hulet moved to approve case SC11-01. Board member McNosky seconded. The motion failed by the following vote: Aye: 2 -McNosky, Hulet, Alt. 1 Nay: 3 -Gotcher, Moore, Doyle 7. ADJOURNMENT The meeting adjourned at 7:44 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 4, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 5 Printed on 2/10/2011 _,,, ~., ~ ~~-~ Cit Of Co~~e V~~~e Y City Hall ~~ Y 100 Main Street Colleyville, Texas 76034 r~~£*~ A enda Briefin 817.503.1000 g g www.colleyville.com File Number: File Type: Case Status: Board Public Hearing Version: 1 Requester: Community Development Department Agenda Date: 03/08/2011 Agenda No.: 5b Controlling Body: Sign Board of Appeals Final Action: File Name: Case SC10-009 -PUBLIC HEARING -Request for a variance from the sign regulations for a monument sign on Lot 8R2, Block 1 of the Heritage Office Parc Addition located at 5213 Heritage Avenue Attachments: Location and Zoning Map Notification List Application Applicant's Request Development Site Plan Sign Locations Sign Elevation Sign Section History of Legislative File Version: Date: Acting Body: Action Text: 03/08/2011 Sign Board of Appeals Title Case SC10-009 -PUBLIC HEARING -Request for a variance from the sign regulations for a monument sign on Lot 8R2, Block 1 of the Heritage Office Parc Addition located at 5213 Heritage Avenue Explanation The applicant has submitted a request for a variance regarding the construction of a monument sign located at the address of 5213 Heritage Avenue to serve the businesses located at 5209 Heritage Avenue. The subject property is currently developed as Heritage Office Park. A monument sign currently exists at 5209 Heritage Avenue, which is 7 feet in height and 8 feet in length for a total of 56 square feet. However, the applicant proposes to construct an additional sign at 5213 Heritage Avenue, approximately 106 feet from the existing monument sign. The submitted plans show that the proposed monument sign would be 8 feet wide and 7 feet tall for a total of 56 square feet to be located with a 20 foot side yard setback not the 30 feet required by the Sign Code. Additionally, the proposed monument sign would be located at 5213 Heritage, which would make it an off-premise sign. Existing Conditions. The property is currently developed as an office building and there exists one monument sign serving the office buildings at 5209 and 5213 Heritage Avenue. Proposed Variance Requests. 1. Section 7-130(C) of the Land development Code requires, "All signs shall be located City of Colleyville Page 1 Printed on 3/3/2011 Agenda Briefing Continued on the same premises where the product or merchandise advertised is located, except where in this chapter provides for off-premise advertising." 2. Section 7-150(A)3 of the Land Development Code requires, "Maximum Number. One general business sign shall be allowed for each 250 feet of street frontage, or portion thereof, for each lot." 3. Section 7-150(a)4.d. of the Land Development Code requires, "Minimum Setback: Eight feet (8') from an abutting street right-of-way. Thirty feet (30') from any side yard or rear yard property line adjacent to another property. Public Notification. Staff mailed notices to 17 property owners within 200 feet of the site. As of this writing, staff has received no written response in acknowledgement of the variance request. Summary. The applicant is requesting an additional monument sign to be located at 5213 Heritage Avenue. They would like the monument sign to be 56 square feet in size and to have a 20 foott rather than 30 foot side yard setback. The applicant is also requesting that the proposed monument sign be located at 5213 Heritage, which would make the sign an off-premise sign because the information on this sign is meant to serve those businesses located at 5209 Heritage Avenue. Staff does not recognize this variance request as a hardship. Recommendation Denial of all variance requests. City of Co/leyville Page 2 Printed on 3/3/2011 Location and Zoning Map Notification List OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Anderson Property Holdings 2213 Bear Lake Dr Euless TX 76039 005209 Heritage Ave Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 005280 Heritage Oaks Dr D Trammel Properties Llc 5209 Heritage Ave Ste 320 Colleyville TX 76034 005209 Heritage Ave Gibson Asset Management Llc 7625 Bellaire Dr S Ste 110 Fort Worth TX 76132 005209 Heritage Ave Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 005300 Heritage Ave Grapevine-Colleyville ISD 3501 Ira E Woods Ave Grapevine TX 76051 005401 Heritage Ave Jenrol Llc 5110 Heritage Ave Colleyville TX 76034 004000 Gateway Dr Jenrol Llc 5110 Heritage Ave Colleyville TX 76034 005201 Heritage Ave Jvs Management Llc 5209 Heritage Ave Ste 300 Colleyville TX 76034 005209 Heritage Ave Orona & Monge Llc 5209 Heritage Ave Ste 210 Colleyville TX 76034 005209 Heritage Ave Rpks Ltd 5203 Heritage Ave Colleyville TX 76034 005203 Heritage Ave Sunshine Ob Holdings Llc 3001 Brown Trl Ste 101 Bedford TX 76021 005209 Heritage Ave Tak Enterprises Inc PO Box 171676 Arlington TX 76003 005209 Heritage Ave Tak Enterprises Inc PO Box 171676 Arlington TX 76003 005209 Heritage Ave Tak Enterprises Inc PO Box 171676 Arlington TX 76003 005209 Herita a Ave Zinc Properties Ltd 5207 Heritage Ave Colleyville TX 76034 005207 Heritage Ave Zinc Properties Ltd 5207 Heritage Ave Colleyville TX 76034 005205 Heritage Ave Paul Moss, applicant PO Box 171676 Arlington TX 76003 applicant Public hearing documents mailed on Monday, Feb. 21, 2011 by Amy Shelley CoLLEYVILLE Community Development Services ~~ Application City of Colleyviile 100 Main Street Colleyville TX 76034 ~17.sa3.loso ^ Zoning Change ^ Preliminary Plat O'Yoning Variance (ZBA) ^ Special Use Permit ^ Final Plat Q Sign Variance (SBA) ^ Planned Unit Development ^ Minor Plat ^ Sidewalk /General Waiver ^ Site & Landscape Plan ^ Amended Plat ^ Interpretation Appeal Project Name: Project Addres Legal Description: Z--~"' ~~ ~ ~~GfC.- ~ Ne.t'f ~'Q,,Gfe ~~{P -Pl~l.i'~G ~G~~'hf?"-~1 Proposed Number of Lots: Gross Acres: Existing Zoning: Proposed Zoning: Neighborhood District: Existing Use: Proposed Use: I~.OY~u.Y1'l~.f'Lt~St~iVl. The applicant is required to submit sufficient information that describes and justifies the proposal. Applicant: ,# n j ~ ( ~;OSS Company: ~ ~~- inter i}rses . I h~. Address: ~~ ~ O X ~ 1 l lP ~ to Tel: g~ ~ 3~ ~1 ~ ~ ~ Fax: City: ~ State,, Jr ZIP1 oU n .~ Email: Appliean 's Status: (check one) Owner ^ Representative O Tenant 0 Prospective Buyer Property Owner: G~au- ~ ~. 0~, ~ Company:~i4r.-IC_-~1V }~:V'DfI.S~°s . ~ t'1 L Address~~ ~L~~ l ~~ Tel: Fax: City: i Qy~,__State~ ~ ~ ~ ~ ~ Email: Owrre hip Status: (check one) ndividual D Trust O Partnership O Corporation SIGNATURE OF APPLICANT (SIGN AND PRINT OR TYPE NAME) SIGNATURE:~;y - ~ Date:1 z-~ 2 i ~ 4 SIGNATURE OF PROPERTY OWNER [SIGN AND PRINT OR TYPE NAME) SIGNATURE; ~~~ ~cd~"~ (Letter of authorization required if signature is other than property owners The property owner must s[gn tht application or submit a notarized Ittter of authorization. Rev: 5/10 fa Depu'fi~n/e'n` tta! Uae~DVn 1yq Case #: La/t~ ~W r Total Fee(s):1~~~ Receipt #: ~ ` v~ Date Submltled: ~' 1g ~ Accepted By: Public Hearing Date: ~ ~ ~ r City of Colleyville ''°' VARIANCE OR APPEAL APPLICATION 1oai~sa~ (x3r z EYV~t~~-R.. ,~ Cotleyville TX 75034 ~ 817.503.105© Please answer the following questions as completely as possible. Faliure to outline fully the skuation by answertng these questions could cause unnecessary delay in evaluating your appeal. Addtttonal pages may be attached H necessary. __~~ // Have you applied for a building pem~it? 'Yes ^ No Have you filed an appeal or petition on this property before? t;~to ^ Yes i. Completely describe the variance you are requesting.. ~Ah ~'R~p(/~t ~._ tVln hlt~.l~l1. EN'j'~ ~~~ ____..r._~. ~ __ _._.~-.~~_--_____-~_ 2. Do similar conditiwns exist in the area? tacplain. ~ UO hl OT KLtiJ..l2~L1J .._ _ ~ _ 3. Descrbe how the unique conditions or circumstances do not result from your actions. ,,,, ..,.., __. ~~~ ~`E-Art/E, M. a 2.~ TE ~ 10.c NT's '1`-(-} ~ N S~'1'r ~ c ~ 1J ~?C I s"T"I i'V~, .fie o ~ u livL~ ~~ ~+~L__________ _ ____ _._..___~__ _ _.._. __ ____. 4. Is there any way to do what you want without this request? ~ Q _, . _,_ _ 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 present 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 t3oard shall have the power to dismiss this proposal either at the call of the case or after the hearing, and that such dismissal shall rrorlstitute a denial. I reserve the right to withdraw this proposal at any time upon written request filed with the Community Devebpmer-t 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 wottc is started on the property, and that the Bo 's action does not constitute the approve! of a building permit. Applicant's Initials Date ~-~-~ ~ 13 Development Site Plan a~ ~` S saain~~3'.~a». 1 ,.~ ~ ,.I,. I ~ `. L ~ r~'-" anaoun `~ i I ~ - - ,,, y. ' !`..,. 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