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HomeMy WebLinkAboutZoning Board of Adjustment-Agenda Packets-1/14/2014 City of Colleyville City Hall Zoning Board of 100 Main Street Colleyville, Texas 76034 Adjustment 817. 503.1000 www.colleyville.com Agenda Tuesday, January 14, 2014City Council Chambers 7:00 PM CITY COUNCIL CHAMBERS THIRD FLOOR CALL TO ORDER PLEDGE OF ALLEGIANCE 1.APPROVAL OF MINUTES October 8, 2013 2.PUBLIC HEARING AGENDA ITEMS 2aRequest for a variance to the fence requirements in Section 3.26 in the Land Development Code on Tract 5B02, Abstract 294, of the Robert C. Chowning Survey, located at 5810 Pool Road, Case VC13- 013 3.ADJOURNMENT I hereby certify thisagenda was posted on City Hallbulletin boardsJanuary 10, 2014by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Hall Zoning Board of 100 Main Street Colleyville, Texas 76034 Adjustment 817. 503.1000 www.colleyville.com Minutes Tuesday, October 8, 2013 City Council Chambers Call to Order The Sign Board of Appeals meeting of the City of Colleyville was called to order by Board member McNosky on October 8, 2013 at 7:00 p.m. Roll Call Present: Board members Mike Patino (Alternate 2), Jason Elms, Mark Collier, and Dee McNosky Absent: Board members Mike Leathers, Judson Orlando, and Larry Kainer (Alternate 1) Staff Present: Ron Ruthven and Taci Wrisley 1. SWEARING IN OF NEWLY APPOINTED MEMBERS Taci Wrisley swore in newly appointed members, Dee McNosky as Place 4 and Mark Collier as Place 5. 2. ELECTION OF OFFICERS Chairman Vice-Chairman Recording Secretary Board member Elms moved to elect Dee McNosky as the Chairman. Board member Patino seconded. The motion carried by the following vote: Aye: 4 Patino, Elms, Collier, and McNosky Chairman McNosky moved to elect Jason Elms as the Vice- Chairman. Board member Elms seconded. The motion carried by the following vote: Aye: 4 Patino, Elms, Collier, and McNosky City of Colleyville Page 1 Zoning Board of Adjustment Minutes October 8, 2013 Chairman McNosky moved to elect Taci Wrisley as the Recording Secretary. Board member Elms seconded. The motion carried by the following vote: Aye: 4 Patino, Elms, Collier, and McNosky 3. APPROVAL OF MINUTES Board member Elms moved to approve the September 10, 2013 meeting minutes as written. Board member Patino seconded. The motion carried by the following vote: Aye: 4 Patino, Elms, Collier, and McNosky 4. PUBLIC HEARING AGENDA ITEMS 4a Request for a variance to the rear yard setback requirements of Land Development Code on Lot 17, Block 1 of the Clairemont Addition, located at 912 Chateau Court, Case VC13-012 Ron Ruthven presented the case and briefed the Board. The public hearing was opened at 7:09 p.m. John Klieser, 912 Chateau Court, came forward and briefed the Board. Board member McNosky questioned staff regarding how the Land Development Code addresses accessory structures. Ron Ruthven explained if a structure is within ten (10) feet of the primary structure, the structure must be comply the setbacks of the prop as determined by the Land Development Code. He further explained if the structure was more than ten (10) feet from the primary structure, it is considered an accessory structure and would be permitted to be as close as five (5) feet of the side or rear pr lines, provided there are no easements. Board member McNosky questioned Mr. Klieser regarding whether th structure would be going any closer to the property line than th existing pool. Mr. Klieser replied no. Discussion occurred between the Board and Mr. Klieser regarding possibilities for the location of the structure and which neighbor would City of Colleyville Page 2 Zoning Board of Adjustment Minutes October 8, 2013 be the most impacted by the structure. There being no one else wishing to speak, the public hearing was closed at 7:15 p.m. Board member Elms stated there was not a hardship by the definition of a hardship but the proposed plan had the least impact on the adjacent neighbors. Board member McNosky concurred. Board member McNosky questioned Mr. Klieser regarding whether he Klieser replied yes. He further explained by taking his plans to hi variance from the City. Board member Elms reiterated there was not a hardship by definit but due to the pie-shaped lot the homeowner had limited options. Board member Elms made a motion to approve Case VC13- 012. Board member Collier seconded. The motion to approve Case VC13-012 carried by the following vote: The motion carried by the following vote: Aye: 4 Patino, Elms, Collier, and McNosky 5. ADJOURNMENT The meeting adjourned at 7:18 p.m. Minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on January 14, 2014 by a vote of ________. City of Colleyville Page 3 POOL RD KSHIRE DRR POOL RD KSHIRE DRR POOL RD KSHIRE DRR Notification List OwnerOwnerOwner OwnerNameOwnerAddressSitusAddres CityStateZip 2507HighlandMeadow2507HighlandMeadow ColleyvilleTexas76034 Luevano,JavierADrDr 2509HighlandMeadow2509HighlandMeadow ColleyvilleTexas76034 Henry,EEuelEtuxDeniseJDrDr 2605HighlandMeadow2605HighlandMeadow ColleyvilleTexas76034 Weitzer,ChristopherPDrDr 2603HighlandMeadow2603HighlandMeadow ColleyvilleTexas76034 Madison,AngieDrDr 2505HighlandMeadow2505HighlandMeadow ColleyvilleTexas76034 Spriggs,JamesAEtuxCarolynDrDr 2601HighlandMeadow2601HighlandMeadow ColleyvilleTexas76034 Huffman,RobertFJrDrDr ColleyvilleTexas76034 Chukwu,AnthonyN6107HillbrookDr6107HillbrookDr GrapevineTexas76051 MacileyRealEstateTrust2220PoolRdSte1015810PoolRd ColleyvilleTexas76034 Ziolkowski,RonaldJEtuxMary6105HillbrookDr6105HillbrookDr FriscoTexas75034 Schook,JohnCPOBox28146103HillbrookDr ColleyvilleTexas76034 Dumas,AdamREtuxSheryl6007HillbrookDr6007HillbrookDr SouthlakeTexas76092 Foster,MichaelJrEtuxRexann1160AdamsLn2501HighlandParkCt SouthlakeTexas76034 HighlandParkDevCompanyLtd2601HighlandParkCt2609HighlandParkCt SouthlakeTexas76034 Hill,DennisJEtuxLoriA6101HillbrookDr6101HillbrookDr SouthlakeTexas76034 HighlandParkHoaIncPOBox14972608HighlandParkCt SouthlakeTexas76034 HighlandParkDevCompanyLtd2601HighlandParkCt2604HighlandParkCt GrapevineTexas76051 Franklin,DBrent&Jennifer3217WildOakTrl2600HighlandParkCt ColleyvilleTexas76034 Weese,DennisJEtuxRachelE2508HighlandParkCt2508HighlandParkCt ColleyvilleTexas76034 Hickerson,JohnTEtuxKathyJ2504HighlandParkCt2504HighlandParkCt ColleyvilleTexas76034 HighlandParkDevCompanyLtd2601HighlandParkCt2500HighlandParkCt ColleyvilleTexas76034 Mohan,PonnaiahEtuxSarala2605HighlandParkCt2605HighlandParkCt ColleyvilleTexas76034 Stewart,LarryREtuxConnieA2601HighlandParkCt2601HighlandParkCt ColleyvilleTexas76034 Buskey,Michael&Patti2509HighlandParkCt2509HighlandParkCt ColleyvilleTexas76034 Kramer,JeffryIEtuxJanice2505HighlandParkCt2505HighlandParkCt ColleyvilleTexas76034 HighlandMeadowsPOBox662CourtesyNotice 3051IraE.Woods GrapevineTexas76051 GrapevineColleyvilleISDAvenueCourtesyNotice ColleyvilleTexas76051 BillStearman,Applicant5810PoolRoadApplicant Publichearingnoticesweremailed Friday,December27,2013byTaciWrisley ORDINANCE O-99-1183 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 5.666 ACRES OUT OF THE R. CHOWNING SURVEY, A-294, FROM THE R20 (SINGLE FAMILY RESIDENTIAL) TO THE PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a zoning change was filed by Beth Joseph on July 27, under Case No. Z-99-054; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT, the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B), by changing the zoning of said property from the R20 district to the PUD-R district, together with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions Ordinance O-99-1183 Page 2 of 3 imposed and approved by the Council which are incorporated herein by reference; and subject to the following conditions: A. LAND USE 1. The following land uses shall be permitted within this Planned Unit Development: a. All Agricultural uses, with the exception of swine farming b. Single family residence c. Commercial equestrian boarding stable, riding school, equine ranching, and children’s birthday parties d. Commercial activity on the property shall be limited to the hours of 10:00 a.m to 5:00 p.m. Monday through Saturday and noon to 5:00 p.m. on Sundays e. That one weekday per week, one pony class shall be allowed until 7:00 p.m. B. LOT REQUIREMENTS AND SETBACKS 1. The minimum lot size shall be three (3) acres. 2. All building setbacks shall be in accordance with the AG Agriculture district. C. GENERAL REQUIREMENTS 1. Commercial advertising signs shall be prohibited on this property, except one directional/information sign not to exceed six (6) square feet in area. 2. A screening fence will be constructed within 90 days of approval on the south property line beginning approximately 275 feet from the Pool Road property line (the entrance gate to the residential yard) and will extend 295 feet (to the western edge of the barn) and the fence will be continuously maintained in good repair so long as commercial activity is conducted on the property. Sec. 2. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Ordinance O-99-1183 Page 3 of 3 Sec. 3. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ______ day of _________, 1999. The second reading and public hearing being conducted on the ______ day of _________, 1999. ATTEST: CITY OF COLLEYVILLE: Jean Harris, CMC Donna Arp City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Statement of Planning Objectives Statement of Planning Objectives Sound Transmission Loss Test Sound Transmission Loss Test Sound Transmission Loss Test