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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-12/14/2011 (2)City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~.~~ ~=~ `t, ~ - - .,- 7'(„^i'sk" Meeting Agenda Wednesday, December 14, 2011 7:00 PM City Council Chambers Zoning Board of Adjustment City Hall ~- City of Colleyville 100 Main Street ~~'-- _ ~ ,,~ Colleyville, Texas 76034 Meeting Agenda 817.503.1000 h,4iF www.colleyville.com Zoning Board of Adjustment Wednesday, December 14, 2011 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES August 9, 2011 5. PUBLIC HEARING AGENDA ITEMS 5a Case VC11-008 - PUBLIC HEARING -Approval of a request for a variance from the front yard setback requirements of the Land Development Code on Tract 2V, Abstract 1248 of the T.J. Polson Survey located at 509 Black Drive 6. A JOU MENT I hereb ertify th bove agenda was posted on the bulletin boards at City Hall on Fri ,December 9, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 1 Printed on 11/30/2011 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ,,~,~ ,~~ ~, -- E Minutes -Draft Tuesday, August 9, 2011 7:00 PM City Council Chambers Zoning Board of Adjustment City of Colleyville ~, ~~. ~~~~~~ ~~ ~~"` Minutes -Draft Zoning Board of Adjustment City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, August 9, 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 August 9, 2011 at 7:00 p.m. 2. ROLL CALL Present: Board members Jim Gotcher, Ed Moore, Tracy Doyle, Dee McNosky, Eric Hulet (Alternate 1) Absent: Board members Skip Reynolds and John Okray (Alternate 2) Staff Present: Community Development Coordinator and Recording Secretary Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the June 14, 2011 meeting minutes as written. Board member Gotcher seconded. The motion carried by the following vote: Aye: 5 -Gotcher, Moore, Doyle, McNosky, Hulet, Alt. 1 Absent: 2 -Reynolds, Okray, Alt. 2 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 Amy Shelley presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:04 p.m. Jeff Polk, the applicant, and Lew Lafornara, the property owner, came forward to present the case and brief the Board members. Cameron Potter, 6304 Bettinger Drive, spoke in opposition to the variance request. City of Colleyville Page 1 Printed on 8/10/2011 Zoning Board of Adjustment Minutes -Draft August 9, 2011 Crystal Johnson, 6308 Bettinger Drive, spoke in opposition to the variance request. Board member Gotcher questioned Mr. Polk regarding the height of the gates. Mr. Polk replied the gates would be five foot in height. Discussion occurred between Board member Gotcher and Mr. Lafornara regarding the chain link fences on the neighbors yard. Mr. Polk and Mr. Lafornara used pictures to show the Board members the fencings in the area. Mr. Polk stated the request will enhance the area. Board member Gotcher questioned Mr. Lafornara regarding if he has animals. Mr. Lafornara replied yes and stated the 30 inch requirement for a fence would prohibit keeping their dog in the yard. Dorothy Blocker, 6313 Bettinger Drive, spoke in opposition to the variance request. There being no one wishing to speak, the public hearing was closed at 7:17 p.m. Board member Gotcher moved to approve case VC11-005. Board member Hulet seconded. The motion to approve failed by the following vote: Aye: 3 -Gotcher, McNosky, Hulet, Alt. 1 Nay: 2 -Moore, Doyle Absent: 1 -Reynolds 6. ADJOURNMENT The meeting adjourned at 7:19 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 5, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 2 Printed on 8/10/2011 ;,,_ ,., City ~f Co~~eyvi~~e ~ ' 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 Agenda Date: 12/14/2011 Controlling Body: Zoning Board of Adjustment Requester: Agenda No.: 5a Final Action: File Name: Case VC11-008 -PUBLIC HEARING -Approval of a request for a variance from the front yard setback requirements of the Land Development Code on Tract 2V, Abstract 1248 of the T.J. Polson Survey located at 509 Black Drive Attachments: Location and Zoning Map Notification List Buffer Map Aerial Application Applicant's Request Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 12/14/2011 Zoning Board of Adjustment Title Case VC11-008 -PUBLIC HEARING -Approval of a request for a variance from the front yard setback requirements of the Land Development Code on Tract 2V, Abstract 1248 of the T.J. Polson Survey located at 509 Black Drive Explanation Sam Noel, representing the property owners, Patrick and Kim Lawler, of 509 Black Drive, is requesting a variance to construct an addition to an existing structure which is constructed entirely in the front yard setback. Existing Conditions. The subject property contains 2.9 acres, is zoned R40-Single Family Residential, and is developed with a single family residence. According to the Tarrant Appraisal District, the residence contains 2,240 square feet and was built in 1900. The property owners recently purchased the property with the intent to build a new single family structure behind the existing home while preserving the existing home given its historic nature and unique architecture. Their intent is to connect the new home and the existing home with a common roof. A portion of the existing home also currently exists in a portion of the dedicated right-of-way for Black Drive. The property owners are seeking approval from City Council on December 13, 2011, to allow the home to remain in place, given the historic aspect of the home. When the home was originally built, it was done so as to not conform to the front yard setback requirements. Therefore as is exists today, it creates a legal non-conforming front yard that is less than the 40 feet of what is required by Chapter 3 -Land Use in the Land City of Colleyville Page 1 Printed on 12/9/2011 Agenda Briefing Continued Development Code. Section 3.7.D -Non-conforming Uses, Lots and Buildings of the Land Development Code states that "no such non-conforming building may be enlarged or altered in a way which increases its nonconformity... " Section 3.24.G -Schedule of District Regulations of the Land Development Code designates this property in the R40-Single Family Residential zoning district and the established building line setbacks are as follows: Front Yard: 40 feet Side Yard: 15 feet Rear Yard: 25 feet Public Notification. Staff mailed notices to 16 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 specifically outlines the front yard as well as the building line setbacks for each zoning district. The site plan submitted indicates that the existing structure was constructed entirely in the required front yard setback. Since the existing structure was constructed before any setback requirements were in place, staff does recognize a hardship with this request. Recommendation Approval City of Colleyville Page 2 Printed on 12/9/2011 Location and Zoning Map Notification List OWNER OWNER OWNER NAME OWNER ADDR OWNER CITY STATE ZIP SITUS ADDR Lord, Leyla Etvir Ron 312 Black Dr Colleyville TX 76034 000312 Black Dr Smith, Herman L Etux Fairie V 400 Black Dr Colle ille TX 76034 000400 Black Dr Brandon, John H Jr Etux Pamela 3608 Briarbrook Ct Colle ville TX 76034 004704 Bransford Rd Panno, Robert Etux Kim 500 Black Dr Colleyville TX 76034 000500 Black Dr Cimonetti, Ronald 2303 Wilkes Ct Colleyville TX 76034 000508 Black Dr Krivsky-Bartusiak Inc 3220 Clear Fork Dr Hurst TX 76054 004701 Bransford Rd Ricks, Gregory A & Agnes Ricks 4702 Johnson Creek Loop College Station TX 77845 000405 Black Dr Heidel, Ruth V 1712 Gatehouse Ct Colle ille TX 76034 000509 Black Dr Panno, Robert Etux Kim PO Box 211564 Bedford TX 76095 000305 Black Dr Kwik Kar Of Colleyville Tx Llc 4616 Collyville Blvd Colleyville TX 76034 004616 Colleyville Blvd Blockbuster Investment Ltd 2317 Clearview Ct Lewisville TX 75057 004608 Colleyville Blvd Metzer, Robert G 2500 Norwood Dr Hurst TX 76054 004604 Bransford Rd Ebna-Gina Inc 4100 Felps Dr # F Colleyville TX 76034 004532 Colleyville Blvd Singh, Harjinder Pal 3 Del Torino Lake Elsinore CA 92532 004602 Colleyville Blvd Trinit River Authorit Of Tx 5300 S Collins St Arlin ton TX 76018 004602 Bransford Rd Miles, Lucille 4600 Bransford Rd Colleyville TX 76034 004600 Bransford Rd Sam Noel, applicant P.O. Box 159 Colleyville TX 76034 applicant Public hearing notices were mailed on Wednesday, November 30, 2011 by Amy Shelley Buffer Map 4804 304 1 3D 4~t~3 4701 X609 4607 ~~~~ ~~1~3 ~~~~ w .. 4800 ~~~~ g 4700 37~ 40U a,~~ W ~{l0, ~>00 7C1 ~~~ 4(} a Site ~C~~ 46f~4 6CD 1 1 ' ~~~ ~` ~ ~ ~ ~` co7~ ~ ~ ~~^ -~ 46Q7 4f~~18 ~ ,~ A ,rnnr +r~~~ ~~t.7J ~~~ ~~~ '` e ti~J7`~ ~~ Aerial City of Colleyville Community Development Services 100 Main Street Application ~"~~s ~ so3 loco ^ Zoning Change ^ Preliminary Plat ("Zoning Variance (ZBA) ^ Special Use Permit ^ Final Plat ^ Sign Variance (SBA) ^ Planned Unit Development ^ Minor Plat ^ Sidewalk /General Waiver ^ Site & Landscape Plan ^ Amended Plat ^ Interpretation Appeal 1-kl-~U t +G~,, Project Name: Project Address (Location): ~~~ ~l'brCIG ~Q- Legal Description: ~o `~ ~ ~ ~k-- a! ~-^~'w~Z- ~`~' `~ ~ ~ ° '`" Proposed Number of Lots: Existing Zoning: ~ ~~ Gross Acres: 2' ` ~~ Neighborhood District: Proposed Zoning: Existing Use:1~ s 1~ ~'~' Proposed Use: ~°~' ~s=x-'~'~--~ and The applicant is required to submit sufficient information that describes and justifies the proposal. Applicant: /"d ~ t'c''"''.,.`-~' tnG[~TD^^' UGilld`NS Company: ~lq?M- Addressl: ~~ • .pb.h. ~S~ Tel: ~/Z~-23~`~~~ax: City: l ~ ~~ ~/yZ ~ ~ State: i/~ ZIP: ~~~-~y Email: Applicant's Status: (check one) ~ Owner Representative ^ Tenant O Prospective Buyer property~wner. P~~1 t-~- `~ ~'t"`^- ~-'~~~~-Company: Address: ~ .L71-1~1t- ~('- TeL• 72-'"~3~' 3i~~Fax: City: t- '~ UfGLt -State: ~ ZIP: ~~3~ Email: r7.o torrlrrn.Qtatue~ (check one) rdividual 0 Trttst ^ Parh-ership D Corporation For r~partmenta- use Ortry SIGNATURE OF APf+pLICANT (SIGN AN PRINT TYPE NAME) ~~ `~~~~ Case #: ``• 1f_ Zz- ~~ ~ on SIGNATURE: ~ "~~ Date: total reels}: ~ ~ J SIGNATURE OF PRO OWNER (SIGN AND PRINT OR TYPE NAME) Receipt #: r~-~R~ ..~ SIGNATURE: Date Submitted: ~ ~ 2~1 j ( (Letter of t "zaUon.set~uired if signature is other than property owner) Accepted sy: l~ The property ow~oer most sign tLe application or submit s notarized letter of aathorizatioa. , ~ f tV ~ ~ ~ Public Hearing Date: _ i~~1 ~^1 j',~_ Rev: 5J10 ~©cz. ~ ~ 7- S/g!-~r~0 7 Applicant's Request City of Colleyville VARIANCE OR APPEAL APPLICATION 1.00 Main Street Colleyville TX 76034 817.503.1050 Please answer the following questions as completely as possible. Failure to outline fully the situation tsy answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached ff necessary. Have you applied for a building permit? ^ Yes l~tvo Have you filed an appeal or petition on this property before? fa'No ^ Yes 1. Completely describe the variance you are requesting. ,B;,c,__~_~+-~-,..,_¢~p_._-'~~±?'_._l'-'_~duR--~ r _ _ . _ __ _ _ __ __ - - _ - --- ~.--~t~. _ _ __. 2. Do similar __.... .... _ _ _. _ ..._ .._.. _ _ _ .. _ _ conditions exist in the area? Expiarn - -- ~~..... _.... ._ ..... _ . _ ..__...._... _ . __ ---_ .._ _ _...._... _ ._ __ .. __ _., _ _.._ 3. Describe how the unique conditions or circumstances do~ suit from your actions. ~n.,t_ pp ~~ ~ '... .. _... _._.. __... -..... _.. .__.._. _. uu-,~X __._.CU-~?j' .._. _ _. 4. Is there any way to do what you want without this re uest? N©, _ _ ___ ._..._ _ ... - _.____ . q _ ... .... _ __ - n~wnvrr~wa..~o~..A I certify that the above infomnation 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 1 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 all proceedings. I understand the filing fee is not refundable upon withdrawal of the proposal after public notice. 1 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 B action does not constitute the approval of a building permit. Applicant's Initials Date l r- L3 - t 1 _ 13 &yy~ 6G ~S Y~ .8~ --- fix. a'~ ~~~ ~A ~~~6. W~ ~I QI ga s ~ ^ti 1 ~Y: $w N WI ~~o 9 ~~ ~~s` 4 Site Plan with Existing Structures 3~ ~g p C ~ ==Qa y6y ~~ a ' ~ ¢ ~ ~~ o q t ~ ~~ y a Y ~~~€~~i ~ Rgg m ~ m ~ ~~ ~~ ° 9 d ~~~a~ H~ w ~° V ~ ~ ~$~ b ~ ,,,~~~..~~~ 9bF~ 3 $ S e g5~Ygh~Bj ~2~4P~ p#g SB ~ ~'~~~. 88 0 L ~ - T - -1' u__ _ f..o: av/ - 01'fiBZ 30092.105 SB'fiLL 3.S I,SLZOS L ~ l 1 ~~_ 7 ~__ 0 ~;~ tl a I~ g ~ff ~#Re ~g~43 I SS I 1 I _ _ I ~~ _I~ I I • ~ I ` ~ ~ -r ----- --= ~ --- -- -r--~ _--- i I 6~ i _ ~' ~ € 1 I ~~ I I I I I I I I I I I ~~~J aee +, I 2 ~ ~ ~~ ~ ~° ' ~ ae pw~0 =.~~'X BB ~ g s ~y~~ Jq.,tie ~g ~ ~~a 0 ~ V~ V~ e~~ 4~J~ .~ I ~ ~ ~ ~ ~0 I ~• ~ 9 I I I I I I. -_____ w. I oo'oDZ _____ -xw ,45nss mw 00' lL p t _~ w ~~~ ~ ~ :I 9~~` Z ~~ a ~~ R 3 y ~ t x ~ ~~ ~~~N _~ n~Y ~g~ a ~~~m ~~~$~ g~~~~~ r~