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Home My WebLink AboutOrdinances (O-22-2199)-05/03/2022ORDINANCE 0-22-2199 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.382 ACRES, BEING LOT 6, BLOCK 9, OF WOODBRIAR ESTATES ADDITION LOCATED AT 412 BRIARCLIFF COURT, BY AUTHORIZING A SPECIAL USE PERMIT FOR A FENCE TO ENCROACH INTO THE STREET SIDE YARD SETBACK ON A CORNER LOT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for a fence to encroach into the street side yard setback for a corner lot, Case No. ZC22-010; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the City's zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City's zoning districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City's zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit to encroach into the street side yard setback for a corner lot on lot on 0.382 acres, being Ordinance 0-22-2199 Page 2 of 3 Lot 6, Block 9, of Woodbriar Estates Addition, located at 412 Briarcliff Court (the "Property"), as depicted on the attached as Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1.GENERAL a. The Special Use Permit shall apply to an eight -foot wood fence to encroach into the corner (street) side yard setback on the Property. b. The portion of the existing fence facing Oakbriar Lane along the street side yard shall be permitted to remain in its current location along the property line consistent with the zoning exhibits as depicted on the attached Exhibit "B". c. The portion of the fence facing Briarcliff Court to the front of the Property shall be permitted to remain in its current location, provided, that no portion of the fence may, at any time, be located less than 70 feet from the front property line of the Property along Briarcliff Court. d. The pool shall not be located any closer than 13.5 feet to the street side property line. e. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Ordinance 0-22-2199 Page 3 of 3 Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of April 2022. The second reading and public hearing being conducted on the 3rd day of May 2022. PASSED AND APPROVED BY A VOTE OF 7 AYES, O NAYS ON THIS THE 3RD DAY OF MAY 2022. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: n onL��i Christine Loven, TRMC City Secretary D AS TO FORM: -Whit te!�Uy�tt City Attorney �IrT OF COLLEYVILLE Richard Newton Mayor Exhibit "A" - Location and Zoning Map 4101 4106 4102 03 4t02 4103 1 4102 P4 612 \S - - = 4303 4I00 4101 ;100 4101 4110 4101 I , 4013 4300 �BRIDLEWOODS 401 G01 4009 305 3 7 5011505 509 513 537 _ 900 4005 �`40y 306 300 302 304 308 G 4001 .400i 299 DEL P B 3915 40 a'.".. 301 ;0; 305 307 310 3913 °400 - -N E"I ROAD 218 3909 3925 3921 3917 39 13 210 401 405 3916 4001 313 309 3905 4005 3924 3920 3909 J 215 219 412 � 3917 404 408 3813 400 4009 3905 f. R 4020 4024 312 3809 4013 3901 3801 204 208 401 405 409 Z J p9 200 313 3 3805 4017 4021 4025 d 3809 � 0 309 3805 3805 - 207 404 408 412 3801 3804 i 3809 203 0 W 3801 400 312 �� 3725 F 308 3700 UTUMN OAKS 208 212 300 304 3720 3721 3721 3723 pf 3724 3 3736 3717 3716 3717 3716 8 3717 3719 3720 3712 3713 3712 3713 3712 3713 3716 3715 3712 3708 3709 3708 3709 3708 �'20 3708 3711 3J lu k + . � 4LT fat, o v F. t S MXte.�: y1�ssNdrYSN..im - LOT 5 +/z• Iv ,.z•- S 89'48'00' E — 100.00 PLAT S 89'54'37 E 100.05 ACT. Vz• wF 12' U.E. LOT 7 - + . 6 • A F.......... 4 6 5� a a . v LLJ o m COi ... ....... r...G r Z I7X 14.5' c Jd I I t� 17777g1. 08 7n Ya z z $ QO: 17.7' (d r o rn 4. )' LOT 6 BLOCK 9 A /z• wr N 89'46'00' W - 100.00 PLAT 1/2• w N 89*53*15' W - 99.94 ACT. 412 BRIARCLIFF LANE sw FLAT U(' — LU'1' G, IN BLOCK 9, GY WUOUBRIAR E.' �I(1W AUUITION 'I'U 'THE C6Y_nc-i+n2T�xttr' 'TA' SECTION 'THREE, AN �pl" ry. TEXAU, ACCORDING TU '4U, MAP UN PLAT 3'REREOF RECOTARRRB&O INNVOLUM,, ]tl8-y8, PAGE 4U, NAP RECOBOS, TARRANT COUNTY, TEXAU LE,' •20' C< • "O1Mo LOYD BRANSOM SURVEYORS INC. xan rx CHARLES B NOOKS JR. O REGISTERED PROFESSIONAL IANO SURVEYOR 1028 NORTH SYLVANIA AVE. �_ wF0"R11O^ FT. WORTH, TEXAS 73111 _ !- r[rMa 834.3477 -CATY-Cnw iwYnov aUr e� wr 1)5-06-97 '� a .