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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-6/14/2011City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. colle yville. com z~ ~ ~ ~~ ~~ ~,~c,~ ri~.~::+ Meeting Agenda Tuesday, June 14, 2011 7:00 PM City Council Chambers Zoning Board of Adjustment City of Colleyville City Hall .~. 100 Main Street ~r Colleyville, Texas 76034 Meeting Agenda 817.503.1000 ,,,, www.colleyville.com Zoning Board of Adjustment Tuesday, June 14, 2011 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES May 10, 2011 5. PUBLIC HEARING AGENDA ITEMS 5a. Case VC11-004 -PUBLIC HEARING -Request for a variance from the side yard setback requirements of the Land Development Code on Lot 19, Block A, of the Brook Meadows Addition located at 4606 Shadywood Lane 6. aIDJOUt'2NMENT I heret~y'certify th~bove agenda was posted on the bulletin boards at City Hall on Fri ,June 10, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 1 Printed on 6/9/2011 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ,,,~ r ~, ,.~ ~ , ~~r<~~;~ Minutes -Draft Tuesday, May 10, 2011 7:00 PM City Council Chambers Zoning Board of Adjustment _ City of Colleyville City Hall ~ ~ 100 Main Street Colleyville, Texas 76034 Minutes -Draft 817.503.1000 '"'~~ vdww.colleyville.com Zoning Board of Adjustment Tuesday, May 10, 2011 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 May 10, 2011 at 7:00 p.m. 2. ROLL CALL Present: Board members Jim Gotcher, Skip Reynolds, Ed Moore, Tracy Doyle, Dee McNosky, Eric Hulet (Alternate 1) and John Okray (Alternate 2) Absent: Board members Jim Gotcher and Eric Hulet (Alternate 1) Staff Present: Ron Ruthven, Jackie Reyff 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 Okray seconded. The motion carried by the following vote: Aye: 5 -Reynolds, Moore, Doyle, McNosky, Okray, Alt. 2 Absent: 2 -Gotcher, Hulet, Alt. 1 5. PUBLIC HEARING AGENDA ITEMS 5a Case VC11-001 -PUBLIC HEARING -Request for a variance from the side yard setback requirements of the Land Development Code on Lot 1, Block 1, of the Grace Point Addition located at 4997 Fry Lane Jackie Reyff presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:03 p.m. Jon Atwood, the applicant, came forward to present the case and briefed the Board members. Chairman McNosky questioned Mr. Atwood regarding the platting of the property. Mr. Atwood explained that a previous builder platted the City of Colleyville Page 1 Printed on 5/12/2011 Zoning Board of Adjustment Minutes -Draft May 10, 2011 subject property and left the setbacks as if it were for an R40-Single Family Residential zoned property however this property is zoned AG-Agricultural. Abraham Mathews, the property owner, came forward to present the case as well and brief the Board members regarding the history of the subject property. Board member Reynolds questioned Mr. Mathews regarding the subject property acreage. Mr. Mathews stated he owns the one acre lot. He further stated that this one acre lot was carved out of a larger piece of property. Board member Reynolds questioned Mr. Mathews regarding why they want to keep the AG zoning district. Mr. Mathews stated he wants to have animals on the property, like a goat. Board member Doyle questioned Mr. Mathews regarding the square footage of the proposed home. Mr. Mathews stated it is 5,200 square feet. Discussion occurred between Board member Moore and Mr. Atwood regarding the design of the proposed home. Board member Reynolds questioned staff regarding the setbacks for an R40 zoned lot. Jackie Reyff replied the setbacks for the side yard would be 15 feet. Chairman McNosky questioned staff regarding the process for rezoning the property. Jackie Reyff replied that the applicant would have to go before the Planning and Zoning Commission as well as City Council. She stated this process can take up to 90 days. Mr. Atwood stated they have a construction loan in place and by delaying this process; the property owner may lose the construction loan. Mr. Mathews concurred and further stated that this setback request will not encroach on the neighbors. Chairman McNosky stated the subject property is surrounded by other AG zoned properties. Mr. Mathews concurred. Chairman McNosky replied if Mr. Mathews were to rezone the property, he would not be consistent with the other zoned properties. There being no one wishing to speak, the public hearing was closed at 7:16 p.m. Board member Doyle moved to approve case VC11-001. Board City of Colleyville Page 2 Printed on 5/12/2011 Zoning Board of Adjustment Minutes -Draft May 10, 2011 member Okray seconded. The motion carried by the following vote: Aye: 4 -Reynolds, Doyle, McNosky, Okray, Alt. 2 Nay: 1 -Moore Absent: 2 - Gotcher, Hulet, Alt. 1 5b Case VC11-002 -PUBLIC HEARING -Request for a variance from the side yard setback requirements of the Land Development Code on Lot 11 R1, Block 4, of the Fairway Addition located at 1017 Murphy Road Jackie Reyff presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:19 p.m. Cheri Moore and Lenonna Nichols, the property owners, came forward to present the case and brief the Board members. Board member Reynolds questioned Ms. Nichols regarding the placement of the new home, the existing property line and the street right of way. Ms. Nichols used exhibits to indicate those placements. Bobby Wagner, the adjacent property owner, located at 6805 Herbert Road, came forward and spoke in favor of the request. Board member Doyle questioned staff regarding if the variance is approved, would there be any chance that the fencing materials could be changed from wrought iron to wooden. Board member Reynolds stated that if the variance is approved, with specificity that the applicants would have to comply with the variance conditions. Ms. Nichols stated they would prefer a wooden fence, for safety, however, they want to be compliant with the code. Discussion occurred between the Board members and staff regarding the fence height requirements. Board member Okray questioned Ms. Nichols if both a variance to the height and the setback of the fence is being requested? Both applicants concurred. Ms. Moore stated they were told they could not put up a wooden fence. She stated if they get a variance for the wrought iron fence then they would not put up a wooden fence. Board member Okray questioned Ms. Nichols regarding if the variance was approved for the location, would there be an objection to the height being approved at four feet instead of six feet? Ms. Moore replied they want the six foot for safety reasons. She stated it would be too easy for City of Colleyville Page 3 Printed on 5/12/2011 Zoning Board of Adjustment Minutes -Draft May 10, 2011 someone to jump a four foot fence. Discussion occurred between Chairman McNosky, Board member Reynolds and Ms. Moore regarding the placement and height of the proposed fencing. Board member Okray stated not having a personal objection but would like to keep it in line with the height and opaqueness of the proposed fence. Board member Moore questioned Ms. Moore regarding the tree on the subject property. Ms. Moore used the exhibits to show the existing tree on the subject lot. Board member Okray questioned Ms. Nichols regarding the fencing that is currently in place. Ms. Nichols explained the fences that are currently in place with the adjacent neighbors. Board member Okrayquestioned Ms. Moore regarding if they would be strongly opposed to a four foot fence? Ms. Nichols replied being opposed to a four foot fence. She stated they want to provide safety to themselves and their pets. She stated since the construction of the new home, they have had copper stolen. She stated they are looking into getting a Great Dane and they can step over a four foot fence. She further stated that the fencing will be very aesthetic to the neighborhood. There being no one wishing to speak, the public hearing was closed at 7:48 p.m. Board member Doyle moved to approve case VC11-002 as written. Board member Moore seconded. The motion carried by the following vote: Aye: 4 -Reynolds, Moore, Doyle, McNosky Nay: 1 - Okray, Alt. 2 Absent: 2 - Gotcher, Hulet, Alt. 1 6. ADJOURNMENT The meeting adjourned at 7:49 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 6, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 4 Printed on 5/12/2011 ~~~ Cit of Colle ville Y City Hall Y ;.~~~~L~,~ 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 Requester: Community Development Department Agenda Date: 06/14/2011 Agenda No.: 5a Controlling Body: Zoning Board of Adjustment Final Action: File Name: Case VC11-004 -PUBLIC HEARING -Request for a variance from the side yard setback requirements of the Land Development Code on Lot 19, Block A, of the Brook Meadows Addition located at 4606 Shadywood Lane Attachments: Location and Zoning Map Notification List Letter of Support Application Applicant's Request Presentation from Applicant History of Legislative File Version: Date: Acting Body: Action Text: 1 06/14/2011 Zoning Board of Adjustment Title Case VC11-004 -PUBLIC HEARING -Request for a variance from the side yard setback requirements of the Land Development Code on Lot 19, Block A, of the Brook Meadows Addition located at 4606 Shadywood Lane Explanation James E. David, the applicant, is requesting a variance to construct an attached garage which would encroach into the 10 feet side yard setback by 2.5 feet located at 4606 Shadywood Lane. According to the applicant, there is a large oak tree as well as a six (6) foot terraced retaining wall directly behind the proposed structure which prevents them from moving the garage further back. Zoning District. The designated zoning of this property is R20-Single Family Residential. Section 3.24.G -Schedule of District Regulations of the Land Development Code restricts the building line setbacks as the following: Front Yard: 30 feet Side Yard: 10 feet Rear Yard: 25 feet Public Notification. Staff mailed notices to 14 property owners within 200 feet of the site. As of this writing, staff has received one letter of support which includes the adjacent property owner (4602 Shadywood Lane) and the property owner directly across the street (4607 Shadywood Lane), signatures of approval. City of Colleyville Page 1 Printed on 6/9/2011 Agenda Briefing Continued Section 1.16.E of the Colleyville Land Development Code provides the authority of the Zoning Board of Adjustment for approval of a variance request to extend beyond a building set back line when the Board determines that the neighboring properties are not substantially or permanently injured. The following is an excerpt of the applicable language form the Land Development Code: "The Zoning Board of Adjustment shall have the authority to consider requests for a variance of a zoning regulation.... When the appropriate use of the neighboring property will not be substantially or permanently injured...Thus, the Board has jurisdiction to: Permit such variance of the front yard, side yard, rear yard, lot width, lot depth, coverage, minimum sidewalk or setback standards, off-street parking or off-street loading or visibility obstruction regulations where the literal enforcement of the provisions of this 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 aself-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. " Summary. The Land Development Code specifically outlines the side yard as well as the building line setbacks for each zoning district. Although topography does prevent the property owner from constructing the proposed garage addition further back, staff does not recognize a hardship with this request given the fact that the property owner could construct a standard width garage within the setbacks of the subject property. Recommendation Denial City of Colleyville Page 2 Printed on 6/9/2011 Location and Zoning Map 4f30 4793 471 4794 39172 3904 72 4791 470 310Q 470~J 4791 1 4706 4707 3101 470~J 3201 4704 4701 4703 4702 4702 PUD 4707 4617 461~t 4G98 4700 4705 4613 4~ 15 4614 20 4703 Site 4600 46't 1 4709 4{305 4607 4coc 4h0 3 P UDR 4003 4so2 4,05 31 az R20 4b00 4519 4526 4522 4518 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Woodland Hills Homeowners 350 Westpark Way Ste 205 Euless TX 76040 003102 Melrose Park Dr Kimbell, Isham Etux Christie 4700 Melrose Park Ct Colleyville TX 76034 004700 Melrose Park Ct Sewell, Robert Etux Donna 4615 Shadywood Ln Colleyville TX 76034 004615 Shadywood Ln Napier, David Etux Leslie 4614 Shad wood Ln Colleyville TX 76034 004614 Shadywood Ln Carr, Lyn M Etvir Kemal D 4701 Melrose Park Ct Colleyville TX 76034 004701 Melrose Park Ct Grylls, Susan E Tr 4611 Shadywood Ln Colleyville TX 76034 004611 Shadywood Ln Straten, Paul D & Susan M 4610 Shadywood Ln Colleyville TX 76034 004610 Shadywood Ln Kuruc, Dennis Edward 4607 Shadywood Ln Colleyville TX 76034 004607 Shadywood Ln Pledger, Jonathan Etux Kelley 4606 Shadywood Ln Colleyville TX 76034 004606 Shadywood Ln Reddy, Ma ada Etux Sweta 4603 Shadywood Ln Colleyville TX 76034 004603 Shad wood Ln Cramb, Stanley Etux Katherine 4602 Shad wood Ln Colleyville TX 76034 004602 Shadywood Ln Cox, Michael Etux Shirley 4600 Shadywood Ln Colleyville TX 76034 004600 Shadywood Ln Koshmann, Diane L 4526 Shadywood Ln Colleyville TX 76034 004526 Shadywood Ln Jim Davis, applicant 4714 Shadywood Ln Colleyville TX 76034 applicant Public hearing notices were mailed on Friday, May 27, 2011 by Amy Shelley Letter of Support Kelley and Jonathan Pledger 4606 Shadywood Lane To Kathy and Stan Cramb and Dennis Kuruc In an effort to move forward with our plans for a garage addition the Brook Meadows HOA Architectural Review Committee has asked that we seek your approval. It is our intention to add a garage that will serve in function while maintaining the aesthetics of the current design. The proposed addition would be in line of sight of your proper#y therefore we would like your agreement to continue with our plan. Thank you. Kuruc --• Approve Cramb -- 4602 Shadywood Lane t'c)l,t.l~,l'\:`1t.f.i~: ~ Ge~r»mlun~~y D~evelQprnefnt Services ~~~~ Application lt?~1 R~a,~z Str~~t Coke}^~ ,ii,e TS: '- E,63-~ ai {cj:c~o ?~ni~,g change Q Pretrmir~rry (y,~ t2~oa~irrg'Ja7ono~ tZ~.a Q ~~e'~+tQ~ 1.~5E' Pet ~ z`#nat Plat ~ JIT•2 ~fQ'"C1"YCL7` i~~l`t (~ P'~ctnned l.n~t I~evetanrtrat ^ Mirc'~ Plot Q Sidcvna~: ," Getrt~1 W~ivec ^ 3:1C L. LQ!':d.(4C11~L ~1C1r"°t ©Ameraded ?~~~ ^ ffl~trrG!c'J1Gra ~~~ •j ~ ~ ~/rc,,~ct ,~~~~. Pledger Garage Addition °,oj~cr ~4eic~r~ss ~Lc~ca~:~r~~: 4606. Shadywood Ln, Colleyville TX 76034 ~~-_ ul L~escrip~i+on~ dot 1.g ock A ~ Brook Meadows none none none Pr~~os~d dumber of k.oi°~: Gross Acrex: NeYgl~-ioarh~ocxi C>istrict: None none Proposed Zoning: ~r,1'r~~ Use. Residential Prcrpe~sed use; Residential AptsllC clti4n Renu~errterr#S: ',~. arfip; ~ e~,.,, w +ab, xa,~ ~c otat:+~., ;,,.fr _;~~^~ ~sfi.-r~,d}ic~+ S•i~s4rt d~sGrt7 Gena'~s~=~~< }h+~ er~F.~i. James E. Davis 1.E.Davis Building Consultants, Inc. A~aplicar:f: Company:: Addreus: 4714 Shadywood Ln ~e,l_ 817-707-5123 Fcsx. $17-886-2597 Cityr; Colleyville ~}crte: TX Zlp; 76034 Email: .~ppticdnt's 5'.anr~.- rtA~c+ctorur ~ 4el~xer ~ Represrntatice ~ 'Ftnant LZ Pruspcctize Bu}tr Jonathan Pledger Property t~vmer: Comc~any• Address. 4606 Shadywood Ln Tel: 214-•325-6756 Fcatx. 817-831-4493 City; Colleyville S}~,te.; TX Zlp; 76034 _~,~-;~;1~ ~ _ .. _-_ . C?~+~tFtx';ri~ Sra~rrs ~cPia~ckovso~ X~ I~dtidual ~ Trust ~ Parmerstup ~ Gorpuratian ~1C-t~:,~Ti12E t7f #~P~ICAt~iT gStt e~,~.~ R TYPE r•AA,, ~.E r~a~u~E ~ aat~- 5/20/11 lames is - _.~ t,AIi;RE t3F t~RflPEPTY <3'J4r,c~' ; ~_ ~~ Atv~ r#~PtT :^..? TYpE Pt,~.~~~i r ~ src-~,aTtaa~ '~ -------~ flatter o! ;" n rat~uirecti ~! sgro'wa ~a Gather tF ..>n~pE~y o~an~r} 'Its ~~m ogstrr esa:t :ran the apptisstie~ or sat~it ~ rnoaut+rc~3ttGet of xtt6r-ri~tti~os. Fa tfe~p~rimentot tlse C,kiy ~° ~ ~ r r rota Fe~c;,~t ~ccre~s> t;~k ~ue~- ~fso ~ ~ ~ *htc~pted E•r: (~ Pu:~c rtecRa~ care: _,_, "~ f ' ~ t ~~R.~A1~~~ ~~` APP~L A~P~»~~-~T~~~ tiz~•©f Co,e~:ilie _ _._ iC~ ~tauf Stzcer (.:t)I,#,F.~~` # Lf.I=, Ccxe~s~l.e T~: ~C~'33 r, ». - ~1' X03 ;G50 Ptease answer the foNowing questionsas comptetety ~ pasgit~fe. Failure to outline fatly the situation by answering these questions could cause unnecessary delay in evattl~ttin~ your appea#. Audit#anal pages niay be attachec# #f necessar~r. Have yov app#ied fCSC a Iwi#dinq permit? ~ Yes ~ Na Have you filed art appea# ~ petition an this property betore"~ ~ too ti Yes 1, Cornptete#y describe the variance you are requestu~. We are respectfully requesting the ZBA to allow the Southwest corner of a new garage addition to encroach upon the 10ft side setback for an area of roughly 10-11sf. The proposed building does not encroach upon the T6" utility easement for this property.. 2. t?a similar conditions exist in the area? Explain. Yes: Project A-02-010, i.ot 31, Block A, Brook Meadows address 44Q0 Shadycreek ln, a variance #or proposed garage addition to encroach into required side yard setback was approved. 3, Describe hour the unique conditions or circumstances do not resu#t Pram your actions.. There ~sTa~lar.~~4~d ~ak.t~t'e~ - QV~.C.~~.ft.~11.-.~s~we~l ~~ ~.~'_terrac~~.d~'~St~~ directlyb~hit~sf...twh~.prppQ~e~~__.,. structure which prevents us from pushing the building back. see illustrations) 4. Is there arrr way to do •h~at you want without this request? No -alternate design changes would restrict vehicle access to building or cause a-reduction in aesthetic appeal. nts ! certifir that the a!xive information is can'eCt and Mete to the t3est of my knawtedge .and ai~iii;y and that i artt noav or will k}e fully prepared to present fate above propasat at the Zoning t3oard of Adjustment hear~ig. t understand that in the event that t am not present or represented at the public hearing. the board shall have the power to disco€ss this propt~sal either at the calf of the case or after the hearing, and that Such disrnissat sha## cons~tute a deni3L t reser~~e the ~ht to withdraw this propttsat at any tune upon written request fi#ed with the Communityr Development ~epartnient, and such withdrawal shall imrnediate#y stop a## proceed#ngs. # understand the filing tee i$ not refundable upon withdrawn! of the proposal after pifb#xc nt7Ce. # understand that if the request is pproved, i must o!~tain a buildit~ permit from the Cit`,r before any worn is started on the pro~rty, and that the Bo ion dares not cc~r~stitute the approval of a txailding permit. 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