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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-8/9/2011 (2)City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com t ,~~_ s~, ~= . !~{ } _ r~~~, Meeting Agenda Tuesday, August 9, 2011 7:00 PM City Council Chambers Zoning Board of Adjustment ~" `,~_ City of Colleyville 100 Main Street ~ ~~ ~ - ~ ~ - n Colleyville, Texas 76034 '~ ~~ Meeting Agenda a1~. sos.looo -„-.,, ~ voww.colleyville.com Zoning Board of Adjustment Tuesday, August 9, 2011 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES June 14, 2011 5. PUBLIC HEARING AGENDA ITEMS 5a Case VC11-005 -PUBLIC HEARING -Request for a variance from the fence height requirements of the Land Development Code on Lot 18R, Block 1, of the Bettinger Addition located at 6305 Bettinger Drive 6. AIDJOIlRNMENT I her certify t~ above agenda was posted on the bulletin boards at City Hall on Fr y, August 5, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page i Printed on 7/15/2011 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com i,~~r~ ur ~- /. ~ `~ _ y z_a: ~~ ,`~ ~~.;~~~, Minutes -Draft Tuesday, June 14, 2011 7:00 PM City Council Chambers Zoning Board of Adjustment r City of Colleyville 100 Main Street ~I i,.. ~ \~~~ ry~,._ ~ Colleyville, Texas 76034 D ft l 817.503.1000 ra Minutes - ~~<~~~,~• www.colleyville.com Zoning Board of Adjustment Tuesday, June 14, 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 Vice Chairman Moore on June 14, 2011 at 7:00 p.m. 2. ROLL CALL Present: Board members Jim Gotcher, Skip Reynolds, Ed Moore, Tracy Doyle, Eric Hulet (Alternate 1) and John Okray (Alternate 2) Absent: Board member Dee McNosky Staff Present: Ron Ruthven and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Doyle moved to approve the May 10, 2011 meeting minutes as written. Board member Gotcher seconded. The motion carried by the following vote: Aye: 6 -Gotcher, Reynolds, Moore, Doyle, Hulet, Alt. 1, Okray, Alt. 2 Absent: 1 -McNosky 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 Amy Shelley presented the case and briefed the Board members. Vice Chairman Moore opened the public hearing at 7:05 p.m. Amy Shelley presented the case and briefed the Board members. Vice Chairman Moore opened the public hearing at 7:05 p.m. Jim Davis, the applicant, and Jonathan Pledger, the property owner, City of Colleyville Page 1 Printed on 6/15/2011 Zoning Board of Adjustment Minutes -Draft June 14, 2011 presented the case and briefed the Board members. Board member Hulet questioned staff regarding the distance between the proposed garage addition and the adjacent neighbor. Amy Shelley replied there is 30 feet between the two structures. Board member Gotcher questioned Mr. Davis regarding the line across the driveway, is that the build line? Mr. Davis replied yes. He stated the back side of the house would be flush with the new garage. He stated there is enough room for the root system of the oak tree with the garage addition being flush with the back of the house. Vice Chairman Moore questioned Mr. Davis regarding the placement of the new garage. Mr. Davis explained with the exhibits provided the placement of the new garage. Vice Chairman Moore questioned staff regarding if garages have to be side facing. Amy Shelley replied there are no restrictions regarding garage orientation. Ron Ruthven further clarified the remark. Vice Chairman Moore questioned Mr. Davis regarding the proposed size of the new garage. Mr. Davis explained with the exhibits provided the size of the new garage. Vice Chairman Moore questioned Mr. Pledger regarding what is the existing garage being used for? Mr. Pledger replied storage and one has been converted into a living space. Board member Gotcher stated the two most affected property owners have sent in their letter of support. Mr. Pledger stated the HOA is ok with the request as well. There being no one wishing to speak, the public hearing was closed at 7:20 p.m. Board member Gotcher moved to approve case VC11-004 as requested. Board member Doyle seconded. The motion carried by the following vote: Aye: 4 -Gotcher, Moore, Doyle, Hulet, Alt. 1 Nay: 1 -Reynolds Absent: 1 - McNosky 6. ADJOURNMENT The meeting adjourned at 7:21 p.m. City of Colleyville Page 2 Printed on 6/15/2011 Zoning Board of Adjustment Minutes -Draft June 14, 2011 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, June 10, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 3 Printed on 6/15/2077 City of Colleyville ~ :~ i~;~~ 100 Main Street Colleyville, Texas 76034 ~~ ~ ~- A enda Briefin 817.503.1000 g g www.colleyville.com File Number: File Type: Case Status: Board Public Hearing Version: 1 Agenda Date: 08/09/2011 Controlling Body: Zoning Board of Adjustment Requester: Community Agenda No.: 5a Final Action: Development Department File Name: Case VC11-005 -PUBLIC HEARING -Request for a variance from the fence height requirements of the Land Development Code on Lot 18R, Block 1, of the Bettinger Addition located at 6305 Bettinger Drive Attachments: Location and Zoning Map Notification List Applicant's Request Application Site Plan Fencing Exhibit Photos Submitted by Applicant History of Legislative File Version: Date: Acting Body: Action Text: 1 08/09/2011 Zoning Board of Adjustment Title Case VC11-005 - PUBLIC HEARING -Request for a variance from the fence height requirements of the Land Development Code on Lot 18R, Block 1, of the Bettinger Addition located at 6305 Bettinger Drive Explanation Jeff Polk, the applicant, is requesting a variance to construct a 48 inch, cedar, split rail fence along the property lines in the front portion of the yard and two five foot sliding gates along the driveway sections, all within the 30 foot front setback along Bettinger Drive. The proposed five foot sliding gates will be constructed of a steel frame with cedar wood accents and stone pillars. The proposed fence and sliding gates would enclose the front yard section of the subject property located at 6305 Bettinger Drive. Zoning District. The designated zoning of this property is in an R10-Single Family Residential zoning district and the established building line setbacks are as follows: Front Yard: 30 feet Side Yard: 8 feet Rear Yard: 25 feet Section 3.26.D of the Land Development Code restricts the location and design of fences located in front yards. The regulations restrict the height of the fence to 30 inches, and the fence must be constructed of not more than 25% solid construction. City of Colleyville Page 1 Printed on 8/4/2011 Agenda Briefing Continued The applicant asserts that the proposed fencing will enhance the subject property as well as the surrounding properties. Public Notification. Staff mailed notices to 14 property owners within 200 feet of the site. As of this writing, staff has received no correspondence regarding this variance request. Summary. The Land Development Code allows for a fence to be built anywhere behind the front building line, which is also 30 feet, at a height of up to eight (8) feet upon the issuance of a building permit. Although the applicant provides a rational explanation for requesting the variance to build the fence within the required front yard, staff does not recognize any hardship with regard to the request. Recommendation Denial City of Colleyville Page 2 Printed on 8/4/2011 Location and Zoning Map 6504 RE 6320 6405 6 00 04 20 6321 6316 AG 6313 6317 6312 R10 ~ O 03 R10 6 14 v 6313 6308 6309 6 12 ~ ~ R20 6317 0 . 6309 L 6305 06 ~ 6313 6304 = SITE 63 8 6305 F- 6302 m 6303 6301 6303 20 205 201 6301 63 P R 6300 _ r. R40 6216 621 08 204 6216 101 6212 6211 Notification List OWNER_NAME OWNER_ADDR OWNER_CITY OWNER STATE OWNER_ZIP SITUS_ADDR Blocker, Arlin R Etux Dorothy 6313 Bettinger Dr Colleyville TX 76034 006313 Bettinger Dr Sweazey, Mark A 6316 Westcoat Dr Colleyville TX 76034 006316 Westcoat Dr Sweazey, Mark A 6316 Westcoat Dr Colleyville TX 76034 006316 Westcoat Dr Chlad, Jason R 6312 Bettinger Dr Colleyville TX 76034 006312 Bettinger Dr Roberts, Cory Etux Mecca R 6314 Westcoat Dr Colleyville TX 76034 006314 Westcoat Dr Roberts, Cory Etux Mecca R 6314 Westcoat Dr Colleyville TX 76034 006314 Westcoat Dr Gray, Doris Irene 6309 Bettinger Dr Colleyville TX 76034 006309 Bettinger Dr Johnson, Crystal & Ee Martinez 6308 Bettinger Dr Colleyville TX 76034 006308 Bettinger Dr Doody, Kevin J 1109 Somerset Blvd Colleyville TX 76034 006312 Westcoat Dr Doody, Kevin J 1109 Somerset Blvd Colleyville TX 76034 006312 Westcoat Dr Dreiling Realty Llc 6308 Westcoat Dr Colleyville TX 76034 006308 Westcoat Dr Dreiling Realty Llc 6308 Westcoat Dr Colleyville TX 76034 006308 Westcoat Dr Potter, Cameron Etux Carrie 6304 Bettinger Dr Colleyville TX 76034 006304 Bettinger Dr Dreiling, John M 6304 Westcoat Dr Colleyville TX 76034 006304 Westcoat Dr Dreiling, John M 6304 Westcoat Dr Colleyville TX 76034 006304 Westcoat Dr Cormier, James Etux Janette 6303 Bettinger Dr Colleyville TX 76034 006303 Bettinger Dr Copenhaver, Paul D 6300 Bettinger Dr Colleyville TX 76034 006300 Bettinger Dr Cepak, Bennett & Kathleen 6301 Bettinger Dr Colleyville TX 76034 006301 Bettinger Dr LaFornara, Lew & Kerri 6305 Bettinger Dr. Colleyville TX 76034 006305 Bettinger Dr. Jeff Polk, applicant 5705 Ponderosa St. Colleyville TX 76034 applicant Public hearing notices were mailed on Friday, July 22, 2011 by Amy Shelley Applicant's Request ~ ~ .~ design build group City of Colleyville July 5, 2011 Zoning Board of Adjustment RE: 6305 Bettinger Zoning Board: In the attached application for variance, you will find details regarding a variance request that would allow my customers, Lew and Kerri Lafornara to construct a 48" perimeter fence and auto gates enclosing the front of their property at 6305 Bettinger Dr. The current zoning allows only fora 30" fence. We believe this request is reasonable and that the fence as planned would be consistent with the design appeal of Colleyville. In addition, you will see that this property was recently re-platted; until a year ago, the property was actually two 68' wide lots and is now one lot at approximately 136' wide. We believe that this re-platting creates a lot and home that has "outgrown" its zoning. Also, we believe that the trend of tear-downs and re-builds will continue in this particular zoning area resulting in larger homes and greater tax revenue consistent with other types of zoning designations with this type of home. Please review the attached variance requests and details. We appreciate the Board considering this application. Respectfully: v~ Poee Jeff Polk Polk Design Build Group /Adams Polk Homes VARIANCE OR APPEAL APPLICATION ~~ 100 ivlain 3vtreet COLLEYVILLE rK_~:~c Colleyville TX 76034 8 ] 7.503.1050 Rlease answer the following questions as completely as possible. Failure to outline 1uBy 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? Yes O No Have you filed an appeal or petition on this property before? ~-da O Yes 1. Completely describe the variance you are requesting. _ _ Xe. _ T//~.__. 2. [~ similar conditions exist in the area? Explain. ._ ~c 3. Describe how the unique conditions or circumstances do not result from your actions. 4. !s there any way to do what you want without this request? 5~.~ ~' ~~~~ I certify that the above information is correct and complete to the nest or my xnowleage ano aaary ana mai ~ am ncrn c,~ will be fully prepared to present the above propasai 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 request filed with the Community Development Department, and such withdrawal shall immediately stop ail 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 work is started on the property, and that the Bo s ion does not constitute a ap royal of a building permit. Applicant's Initials _`5f~ Date ~ ? ~ -~~ 13 Lew and Kerri l.aFornara 6305 Bettinger, Colleyville, TX 76304 Variance Application -Request for Information 1. Comaletely Describe the variance -Our understanding is that the current zoning restricts the height of fencing going across the front of the property to 30" tall. We are requesting a variance the will allow us to enclose the front of our property with a 48" tall 3 rail cedar fence (with no climb see through wire) that would extend from the wood side fencing on each side of our property to the front of our property and across the front. In addition, we would like to add two sliding gates (approximately 5' high built from steel frame and cedar wood accent) with stone pillars (approximately 5' high) on each side that would allow entrance and exit to the half circle driveway. (See plot plan and drawing attached with proposed fencing) 2. Do similar conditions exist in the area? - Yes. This look is very common throughout Colleyville and is currently installed on several local properties on adjacent streets (see attached pictures). The proposed fencing is attractive, provides security and safety, and is low impact since the majority of the fence is open and transparent. 3. Describe how the uniaue conditions or circumstances do not result from your actions. Our request to allow a fence to be 48" tall and gates tv be approximately 5' tall is actually more consistent with the current look of front fencing throughout Colleyville today than the 30" restriction. We would suggest that by granting our request, our design would enhance not only our property but would improve the appeal for the surrounding properties as well. There is currently a chain link fence that is approximately 48" tall that runs all the way along the-north side of our property line to the front of the property. Our proposed fencing and subsequent landscaping will enhance the street appeal of that fence (see picture attached). In addition, across the street and down a few houses to the south, there is a new build house (last year I think) that has similar chain link fence approximately 48 inches tall comp{etely surrounding the house (picture attached). Further down the street and on adjacent street there are several example of various types of fencing (chain link, side by side wood, white picket, metal) that come across the properties near the street that are all over 30" tall (see pictures). Additionally, since re-platting the 2 lots into 1 lot a year ago, we believe this new larger lot has "outgrown" it's ,current zoning restrictions with regards to fencing the front of the property. 4. Is there anv wav to do what you want without this reauest? No, our objective with the fence is to provide safety and security to the property and to enhance the curb appeal of the property. In addition, we want to enclose the property to help keep our pet in the property and to keep others out if possible. A 3tY' inch tall fence will not allow the same degree of safety and security as the requested 48" tall fence. Also, from a design perspective, a larger more properly massed fence is very important to the aesthetic of the home. In addition, it is our desire to add the,g~tes for entrance and exit to our driveway /garage area for safety and security atul the currently height restriction would not provide the same function and curb appeal as our requested gates. Finally, we believe that the addition of our proposed fencing will add "understated elegance" and an estate feel to the property which is consistent with the goal we had with this entire project. City of Colleyville C~LLEYVILLE Community Development Services loo Main Stet r, ~,.,~ ___ ~ A pplieation Colleyville TX 76034 817.503.1030 ^ Zoning Change ^ Prelimindry Plat Zoning Variance (ZBA} ^ Special Use Permit ^ anal Plat ^ Signvariance (SBA) ^ Planned Unit Development ^ Minor Plat ^ Sidewalk /General Waiver ^ Site 8, Landscape Plan ^ Amended Plat ^ Interpretation Appeal Project Name: ~...+RFOwZ~ArtZ~ Res-at..rs~. n- Project Address (Locationj: {a3a ~ 6e-~! N4alL _ ~O LLW ~1 f.-1.-2. -~~ Legal Description: }.-~ 1 d' + Iii (~, ~~.,~ bt1t. Q ~-A_L~.. t~' ~ ~ ~"~ 1~ ~1 ~ ~ (V~ Proposed Number of Lots: Gross Acres: ' C°~ Neighborhood District: ~ ~ ` `^ t~~ n~~~IUC Existing Zoning: Proposed Zoning: ~ f{~i,I~..~~ Existing Use: ~dS iD+~"'Er A L Proposed Use: ~ C S + ~ t-f3's 't ~ l_ ~ RAP ~~-~-C(J( ADDiiC Olt RetlNir@fll,@ttts: The applicant is requred to submit sufficient information that descrbes and justifies the proposal. C~ See ro a checldsf and fee schedule for nliMsnurrt re uiremenls. Incom etc c+ofions rvpl not be xesaed. ~ /~~ + O Applicant: _ ~ e~ (t~-.-- - - - .Company: j~ D/~w { ~O C lr ~~t 7~1~`' Address: Tel: Fax: City: ~Ol- L Y UI CG ~' Stater ZIP: ~ ~G ~y Email: Applicant Sixtus: (cbeckrmr) d Owner ^ Representative ^ Tenant ^ Prospective:Buyer PropeftyOwner: t-- ~ +1~t,KCZf ;-A~vC~n1AJ~.h Company: Address: to ©'~ e-'~'-+~ GAR- Tei: 8i7-9-y. ~Gps Fax: City: ~~~' vf~-« _State:T~ ZIP: `7Vo3~ Email: Owrte ship Status: (ckccko,re)~lndividusl ^ Trust O Partnership O Corporation Far Oep4~rFfm/~en~ tat Use Onfy SIGNATURE OF APPLI iSi N N PRI R TYPE NAME) t~C ! Case #: yL/ t,~ '~ ~~ SIGNATURE: ~ date: ~ ~ v" ~,` ~~c~~60 Totol Fee(s): SIGNATURE OF PROPERTY WNER (SIGN ANO PRINT OR TYPE NAME) Receipt #: f~ V~+ SIGNATURE: ~ Dote Submitted: ~ (1 (Letter of ouihonwtion re fired it signature is other than property owner) Accepted By: The property owner must sign the application orwbmita notarized letter of authorization. ~,/jQ , I. j Public Hearing Date: ~T I l Site Plan ~ - :~~ j J J j ~:>:~ ,~ ~ m m m y:c ;Z: o~ ~~ ~ ~~ FZ ~~ mss'"•.~€ee.'- ~ ma ma mb,' ,~ ~ $ o~ o ~~ ~ _____ ___L198'9£t Ma00~0.00S ____ ___ __o w ~~~s -----~ --' -- - ------ --- --- --- J ~ ~~ ~ ~~ ~ o $ ~~~ ~ g ^W~ ~ ~ ~ ~rro~ ~~ a ~.~, 33 ~ W m ~ > J spRQ of ~ Y J a ~ ~ N .+~ m~' ~ o ~ Z ~ sro~ .crop FF ~P d~ ~W~ ~ o ~~ m § ~~ ~ .- '~' v ~ troy a ~ ~ o ~g~tt~ ' .', _ x. ~ ~ ~ ~ ~ ~N~ i it%~. N ss - ~ - s _ s :f-: ~~ ~ ~~ ~ ayCy~ Wa d m ~~ ~6 :~ M ~ ~~ ~ (JNRIV3B 3SYB) o ~ ®"' 0 ~~ ~~ a E~~~ ~ z•~ ~ ~ ~$ ~o ~~ soo - o ~ g ~ ~ ~~ ~ >; ~ C ~d ~ o~ 9 ii r& $ 8 0 ~$~ gao ~ ~ ~ .. ~~ ~ ° ~ ~~-~ $$ o ~~ rx a ~ Z' U' ~ ~ E ~; s _ _ r $ ~ ,,y~~ ~ aom ... g$E v$v~.~~ QI 1 ~ ix CS ~ eo ~ ° ~ ° E ¢ °'•4° ~`~°g ~ ~ ~ ~ ~ ~ c S p m ~~ c~ ~ t t - ' a n o Z ¢wp$~~ 'QE g CJ orb w°Or/o n~IS r pS' \m ~.~ y~~~~E 2 m ~c °z .=eJg°ofircri§~ y ~ Fencing Exhibit -C?"" 'Ib,,~, ~.`3" 1C".'"' ----------- 6'cedar 8' cedar w/ ~, posts I Existing Posts i _~. I I 1 '~ f ~--- „, ' `1f~%ft ~i, f ,F~' u~~-~~ i f, ~' f i~f~ f~ f~i "~ f ~r.~'~;~~fi`~' f'ff f ~f //rr.f,~~~,~, ~ , f, ,~~ Walk ~y ~ f~f'f~//`F~;.r'/ffff f.~/f/~~~~^''ff' _ thru gate f ~,f~/ ~" f ~~ /f /:f;{! Walk thru gate f ~~'~' f ~'f'ff~f~~f ~~~ ~ ~ ~ .~ ~ '~ Proposed Proposed ~ 48" s lit ., a~ ~ .a-= p . 48 split I ~ - ~~ rail fence ~~"~=~ ~`~~~ ~ rail fence ~~L~ ~ r t w/no w/ no ~ I !~ ,' climb wire '' ~ climb wire ~I ~ ~ ~ begins begins ~ ~ r~ - .-- - - E I 16' i sliding ~ .,.,~~ ~ gate @ 16' S' in sliding height gate @ across drive height across drive .-~ ~. P, ~~.~ .. ~uScy !U~ t W,~w~~~ a _ r j .- ' Ph~t~s Submitted by Annlicant ~-~. ~.x ... ~< ~~~ ~L .~ F7r .a. f/'3` i ti. a t~`-' v uY- ~--- - - - - /tea ~2-T~ fir' I +~-- .~- ~ ~~" ~_--- ~c ~~~ _ ~a~~y~~ a :as.~F ~ ~ '`_ „g d ~F~~.,., ~~aerui~~N ~~ p l ~- ' .. ~:~~ '~t ,~' - ~°. 1 ~ ~, ~"~`~ 3 ~- ~+ ~~~r ~~~ w _~_~~~ ~ ~ ~.. a, c.~~.~- ~, ~,. _- p.~.1~ ~ -ir.. - -- 5 `W-}i:.`` ~~~ ~~ ,~_ =~- ~ _ . _ ,r° ~. ~~~V ~# - -. ----- _.. _ ~ti, _ i - !41