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Home My WebLink AboutZoning Board of Adjustment-Agenda Packets-6/11/2002 Zoning Board of Adjustment Agenda - June 11, 2002 Page 1 of 1 City of Texas AGENDA ZONING BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 5400 BRANSFORD ROAD COLLEYVILLE, TX 76034 Tuesday, June 11, 2001 REGULAR MEETING: 7:00 P.M. Call to Order: Roll Call: Chairman Dee McNosky Skip Reynolds, Jeff Byerly, Larry Henry, Rich Munson, Dee McNosky Approval of Minutes: March 12, 2002 Swearing In: Rich Munson, Place 1; Butch Bercher, Alternate 1; Walt Shepard, Alternate 2 1. PUBLIC HEARING - Request of Frank Herpin, Jr. for a variance from the regulations of the Colleyville Land Development Code regarding fencing to allow the construction of a fence on the property line instead of the 30' front building line at 4115 Jackson Road, Lot 1, Block 6, Brighton Oaks, Case A-02-003 2. PUBLIC HEARING - Request of Gregory A. Likness for a variance from the regulations of the Colleyville Land Development Code regarding fencing to allow the construction of a fence over the 15' side building line at 3716 Briarhaven Lane, Lot 5, Block 5, Woodbriar Estates, Section Two, Case A-02-004 3. PUBLIC HEARING - Request of Robert Hardisty for a variance from the regulations of the Colleyville Land Development Code regarding fencing to allow the construction of a fence over the 40' building lines at 5000 Montclair Drive, Lot 5R-2, DP Arrington Limited, Case A-02-005 4. PUBLIC HEARING - Request of ICS for a variance from the regulations of the Colleyville Land Development Code regarding parking to allow for a reduction in parking requirements or parking within the landscape setbacks at 817 Glade Road, the southwest corner of Glade Road & Glade Creek Drive, Lot 8R, Block 2, Village Park Addition, Case A-02-006 5. ADJOURNMENT I certify that the above agenda was posted on the Bulletin Board at City Hall on Friday, June 7,2002. ~ Tom Niederauer, AICP, Senior Planner P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 Zoning Board of Adjustment Minutes - March 12, 2002 Page 1 of 5 - D-R-A-F- T May 27, 2002 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - MARCH 12, 2001 TRAINING SESSION: The Zoning Board of Adjustment Member training session was begun at 6:15 p.m. and concluded at 7:00 p.m. All current and newly appointed Board members were present. REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:10 p.m. on March 12,2002. Roll Call: Present: Rich Munson, Skip Reynolds, Jeff Byerly, Larry Henry, Dee McNosky, Alt. Clarence Bercher, Walter Shepard. Staff: Barry LeBaron, Tom Niederauer Approval of Minutes: December 11, 2001 Skip Reynolds moved to approve the minutes. Larry Henry seconded the motion. The motion was passed by a unanimous "Aye" voice vote. Chairman McNosky explained the procedures of the Zoning Board of Adjustment and outlined the meeting format for the audience. Except for the two alternates, All present members will be voting members for the meeting and it will take a vote in favor by four of the five members to approve the variance request. 1. PUBLIC HEARING - Request of Andrew C. Oakley for a variance from Section 3.24.G - Schedule of District Regulations to allow the construction of a dwelling that would encroach approximately 5-feet into the required 15-foot side yard at 4409 Bowman Road, Lot 1, Block 1, Pelton Oaks, Case A-02-001. Tom Niederauer presented the case to the Board and reviewed the staff briefing. Rich Munson asked for clarification of the required width in R-20 and an R-40 Zoning District. Niederauer stated that 100 feet is the required width in R-20 and 150 feet in R-40. Chairman McNoskv opened the public hearing portion of the meeting. Those present wishing to speak in favor of the variance request were: Andrew C. Oakley, the applicant, at 1026 Kessler Parkway, Dallas, Texas presented the case for the owners, Dyke and Sheri Shipp. He explained that the need for the variance is to be able to site the new house design without encroaching on the existing pool, and to avoid the loss of many trees. He illustrated his point with site plans of the lot. Zoning Board of Adjustment Minutes - March 12, 2002 Page 2 of 5 - D-R-A-F- T May 27, 2002 Munson asked for clarification of the widths of the subject lot, and the adjacent lots to the north and south. Niederauer stated that the subject property is 107 feet wide, the lot to the south is 100 feet and the lot to the north is 136 feet in width. Oakley helped to clarify this matter. Chairman McNosky asked if there was anyone else present to support or oppose the applicant that wishes to speak: Keith Chatham, 4413 Bowman Dr. spoke in opposition to the variance request. He lives directly to the north and would be the neighbor most affected because of proximity. His objection to this is not as much the trees or the environmental impact, although he selected this neighborhood because of the trees. A brief history: when he (Chatham) went to the City Staff to inquire about subdividing this property and to discuss the aspect of R-20. The staff said you must stay within the confines of R-40. Therefore, rather than attempting to subdivide his tract into three lots, he said he would continue to maintain his entire property which is 305 feet across - 134 feet from the fence line (of subject property) to his home which allows for an R-40 setback. If at some point he chooses to replat and build another house next door he will still have that latitude, being well within the R-40 side setbacks, Le. 15 feet on each side. The proposed house will encroach on that (Chatham's tract) which will adversely affect the property value. His main point is that to build an estate type look they are going to have to remove trees. This will be a great house, but it will impose on the buffer zone that we (Chatham's) created by design to save the natural heritage. But if we want to build a house there, we will come back and replat within the framework of R-40. Number one - the proposed structure will protrude closer to the street than the existing home by a great amount, and Number two - the house is two story which closes off the beauty that we have now with the existing house. What I see on the plat is detrimental to any future use that I have which adversely affects me. The Chair opened up the meeting for questions. Skip Revnolds asked how far it was from the neighbor's (Chatham) house to the applicant's lot line - fence? Chatham stated 134 feet. Reynolds said that his calculation would put Chatham's house right on the lot line (if he subdivided his lot). Reynolds also asked if Chatham has plans to replat and divide the lot? Chatham said plans - yes - he kept his house where it is in order to have future use of that property (Le. Chatham side yard lot). (Reynolds) Other than the site location of the (proposed) house, do you have any other objections to that structure? (Chatham) No, a great house, but my objection is the proximity in many directions (pointing to site map) to the adjoining street. Chatham stated that there are no structures in the area with the garage in the front, and suggested that they should try to move that to the back out of view of the street. In order to get a house on that lot you will have to remove some trees. Reynolds asked if the garage is facing the front, and Chatham said - no the side yard. Reynolds asked if Chatham was objecting to the side yard or the front yard setback, or both, or neither? Chatham said his objection is the proximity of the garage and being closer to the property line with two stories. To answer your questions, moving those five feet over does not help me (Chatham) any, by no means. Zoning Board of Adjustment Minutes - March 12, 2002 Page 3 of 5 - D-R-A-F- T May 27, 2002 Munson asked again for an explanation of the distances involved on Chatham's lots. Chatham stated that the first lot is 136 feet and his house is 15 feet further north and that the overall site is 305 feet wide. Chair, McNosky told the applicant that he could have some time for rebuttal. Oakley wanted to clarify why they designed that house they way they did, Le. the location of the pool, the west sun and the trees were all criteria. Reynolds asked how many square feet were in the house. Oakley responded about 6,000 s.f. including the garage, and the second floor is stepped in and part of the house is only 1-1/2 story. What is the setback on the south side? Oakley -16' - 2". We asked for a variance to be within ten feet of the property (on the north), although the house is designed at 11' from the property line, where the 15' setback would normally be. (Oakley describes some of the drawings). Reynolds - clarify for me - your setbacks are 11 feet on the north side (subject side) and 16' 2" on the south side. Oakley - yes it is designed. Reynolds - you could adjust the house over about one foot? Oakley, -I could move it a foot, but the pool is the concern -I have gotten so close to the pool - it is 12' from the pool and I could push it to 11' (describes drawings as he points out dimensions, etc.), and there are trees very close (describes on the tree plan which can be saved). The designs with the garages in the back lost 10 - 20 trees and in this design we only lose five. McNosky suggested that planting trees along the lot line might mitigate the impact. Oakley - I haven't gotten that far but there will be trees planted. Reynolds - you asked for a cushion of five feet, but the design is for four feet. Reynolds asked Chatham if the lot were subdivided, his (new) lot would be 150 feet wide? Chatham said yes. Reynolds noted that that lot would be wider than this subject lot. What I see candidly - on the one hand I see a lot that was created by an action that permitted two lots to be chopped in half, with an existing structure that, at the time, was to close to the lot line and an existing swimming pool - the plan that they have shown us is a very nice house - it is hard to see how they could move the house without changing it because of the position of the pool - my belief is they have a hardship and a legitimate reason to request a variance. On the other hand you have the potential to create a lot about 150 feet wide that would give a buyer enough room to build a large handsome home that would not be particularly close to the lot line - for those reasons, I favor permitting the variance. Because there are two different points of view I feel I need to explain my reasoning. The applicant has a small lot and the house plan is very close to the pool. He believes they have a hardship, and also that they have a large (deep) lot and could build a much larger house if set much further back. Larry Henry stated that he believes that the house being two-story is not relevant, and agrees with the variance request but noted that the house is designed at four-foot encroachment rather than five. He also noted that it would mitigate the impact if that side would be landscaped and screened with shrubbery. Zoning Board of Adjustment Minutes - March 12,2002 Page 4 of 5 - D-R-A-F- T May 27, 2002 Revnolds asked the applicant about the additional foot (Le. the design is at four feet and the request is for five feet). Oakley stated that he needed flexibility since all of the design measurements are not yet complete, and I need it for leeway, but I could live with it and I think four feet would work. Munson asked it the applicant had a good tree survey and you know where the property line is to the corner of the house? Oakley said yes. Chatham noted that he could "live" with five feet variance. (flip tape - start at 000) Munson stated that he believes the hardship was created when the City Council approved the original plats for these two lots creating a narrow lot. Also you (Chatham) will be back for a variance if you wish to build on the other lot due to the location of your house and the lot lines. McNosky stated that she agrees, but also noted that the pool is very old and should not dictate the design of the house. Chairman McNosky closed the hearing and said that she would entertain a motion. Munson - move that we permit the five foot variance as requested with the stipulation that landscaping be provided along the property line adjacent to the house to mitigate the appearance of the encroachment of the structure on the north side. Henry - I would be opposed since they can live with four. No second. Reynolds - I am going to move the same motion except restricting the variance to four feet (versus five) on the north side - with appropriate landscaping. Henrv second. LeBaron requested clarification of landscaping as to what the code enforcement officer should look for. Reynolds stated that he would accept a friendly amendment to require trees or shrubs. Revnolds asked Chatham what he would like, and he stated that because of the applicant's and owner's integrity and that they will do the proper thing, and in fact the four or five foot variance does not matter and that he didn't need specifics in the motion and additional paperwork. LeBaron restated the motion and McNosky asked if amendments are wanted. Munson asked the designer about landscaping. Oakley said he expects intensive landscaping because of the kitchen window, but we haven't designed this yet. Munson said we either get more specific or drop the landscaping. McNosky said it isn't wanted but should go back to the author of the motion. Reynolds said that at this stage I am persuaded enough that it (landscaping) does not need to be included. McNosky restates the motion "we are going with four feet with no landscaping condition, and it is still seconded"? Henry - "yes". Zoning Board of Adjustment Minutes - March 12,2002 Page 5 of 5 - D-R-A-F- T May 27, 2002 Chairman McNosky called for the vote. The vote being: Ayes: Munson, Reynolds, Henry, McNosky Noes: Byerly ADJOURNMENT: Skip Reynolds moved to adjourn the meeting, and Rich Munson seconded the motion. The motion was passed by acclamation. They're being no further business, the meeting adjourned at 8:15 p.m. Respectfully Submitted, Tom Niederauer, Senior Planner Approved on: as written. m/min/z b a minutes for 3-12-02 ZONING BOARD OF AD.JUSTMENT Agenda Briefing .$ Texas Agenda Date: Subject: June 11, 2002 A-02-003 - Public Hearing - Request by Frank Herpin, Jr. for a variance from the regulations of the Colleyville Land Development Code regarding fencing to allow the construction of a fence on the property line instead of the 30' front building line at 4115 Jackson Road, Lot 1, Block 6, Brighton Oaks. SUMMARY and COMMENT Frank Herpin, is the applicant ofthis request for a variance from Section 3.26.D of the Land Development Code. That section does not permit any structure over thirty inches (30") in height in the front yard setback. Mr. Herpin wishes to place fences on his front property line along Jackson Road and along the north side of his property. As can be seen on the following site plan, from south to north 200 feet would be a six-foot (6') wood fence, changing to a wrought iron fence for the remaining 300 feet. The side 214 feet would be a six-foot (6') wood fence. The front drive entrance would include an electric gate. The purpose of the request is to replace an unattractive barbed wire and wood fence and increase the play area for his child. In this general vicinity, there are other fences at the front lot line, however many of them are about three to four feet in height. There is heavy vegetation along this side of the street, particularly along the subject property, and there is no house on the north side. The Hills of Central Park subdivision borders the south side, which includes a 7' high concrete wall along Jackson Road. See following Location Map for description of other fences in the area. Staff is of the opinion that because of the heavy vegetation and that since most of the fence would be visually open, that it would not be intrusive. RECOMMENDATION Approval of requested variance to permit 6' fencing in the front yard setback. ATTACHMENTS . Land Development Code information & citizen comments (following page) · Application for variance . Site plan of property and proposed fence · Site photograph · Zoning map of the area . Location map & area of notification · List of property owners notified Prepared by: 00 T'-" ~. - f)... -- ~ '--"" Tom Niederauer, AICP, Senior Planner CASE # A-02-003 ITEM #1 - Pg. 1 of 2 Land Development Code -.PertinentRegulations: SECTION 2.5 _ DEFINITIONS - Yard, Front. The area extending across the entire width of the lot between the front lot line and the front building line The depth of front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. SECTION 3.24.G - SCHEDULE OF DISTRICT REGULATIONS - The required front yard in the R-20 zoning district is forty feet (40'), however this addition is platted with a thirty-foot (30') front yard building line, which takes precedent over the Zoning Code. SECTION 3.26.D - FENCE AND FREE ST ANDING WALL SETBACK REQUIREMENTS 1. Front Yards No fence or free standing wall greater than thirty inches (30") in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces except for perimeter subdivision fences meeting the following requirement: . a. The primary fencing material shall be of wrought iron, pre-cast concrete, poured in place concrete, concrete masonry unit, brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. ! Zoning Board of Adjustment.Authority: SECTION 1.16.E - JURISDICTION OF ZBA: "the Board has jurisdiction to: (10) 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 a self-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. (11) Permit such variances of fence heights when in the opinion of the Board such fence will not adversely affect neighboring property." i Citizen Comments: Staff notified the nine (9) owners of all properties located within 200 feet of the subject property. At this writing, staff has not received any comments from those notified. [See list of owners notified] CASE # A-02-003 ITEM #1 - Pg. 2 of 2 .~ l"c... ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville. TX 76034 817.577.7587 . APPLICANT Eit1:J!UL~'W crL--- Telephone No. 8/?-J,55-J999Fax No. Address -dLls- ~tJ i(n___ . City Lb/4Y0/ J!. State n Applicant's Status: (check one) Cl Owner Q Representative l:l Tenant . PROPERTY OWNER -S81J.lE... Zip Code 2J&3i-- Telephone No. Fax No. Address Cl Trust Date s:t-oz- Date PROPERTY INFORMATION The property owner must sign the application or submit a notarized letter of authorization. Please Initial the acknowledgments on the second page before signing this application. Street Address or Location "'// / 5 ~J:~.5t;)~-L~.J.. Legal Description ~-L__Ala~_~.~.KIk/-I r ~F ~ Il ,0' Present Zoning ______-A1 &.0 . _. Present Land Use ~/) L:: S Status of Project: ~:roposed Cl Under Construction '~xisting Have you applied for a Duildin9 permit? ~s l:l No ~ BOARD OF ADJUSTMENT OFFICIAL USE ONLY Have you filed an appeal or petition on this property before? l:l No DYes Case Number 1l..~C~d..: {t.f~~3 Hearing Date ___._..__...____ Action l:l Approved 0 Approved with Conditions Cl Denied Conditions _._..__._.._.~.__._.___._._...___.____.__._____._.__.__.__.__._._._______________._._______W__.N.__.___.___._____._ ----.-----------.---...---..--.---.-------..-..-.-------~--_.~_._--_.._~.__.....__.__....~._._._~-_..__.__... ---_.._._---_._-_.~_.__._---~-----_.__._-_...._._._._._._--_._._--_.._._-_.._._-_._._...~-_.__._--_.._._--_.-.-----..--------.-----.-------.--.--..--- ..----.------------.-.--..-.---...--------.---.--------.--------.--..----.--------.-.----------.----------..-.----- .__._.__....._-----_.._-----~.-._------_...__.._--_._---_..__._~...._--_..._._..._..._._....~_._-_._.~._--_._._._-_._-----_..._---~._-_._--_._--------_._--------- Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustment Secretary ZONING BOARD OF ADJUSTMENT APPLICATION PAGE 2 REQUEST INFORMATION Please answer the following questions as r;ompletely as possible. Failure to fully outline the situation by answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary. 1. Fully describe the varian~e you are requesting. ~ClQ(} ~ ~~ .~ 'J't) B '!.._-e~CI~__~~~ f~r~ ~~~~~.,b ~t=- ~' ~o,,-,>~ a....\)~l>~_.5~~................;cp~ c./.,~ A-r ~~ _.K~.I...h~.M.- !J~~"'rlJ.t:r"'M'L ~AII~OUL J E~ w.. _~.l. 2. Do similar conditions exist in the area? Explain. y €. 5:...,--fUl NI'/Ar J. ArE;. .!f:>AJtI\L W'L ~~__~AtL~ik- SA-~ 3. Describe how the unique conditions or circumstances do not result from your actions. -=-j ~~~~fl-r-L "..04/) 7--'o.u~ '-"""'" '*' E.s.-.-.., _ ~1Lt.'-'" 'TtM-/f #u.:I::i..~ t<2-...... r~' L.sr~~, 4. Is there any way to do what you want without this request? __E-.r ~ ~. .~..,~^. -------_._-----~--_.._------ -.---.----.---.--.--------- Acknowledgments I certify that the above information 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. , understand that in the event that' 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. 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 Zoning Boar of Adjustment action does not constitute the approval of a building permit. Date 5- t, -'0 L.. Applicant's Initials APPLICATION FOR VARIANCE CV - 410 (8-00) , 1.. 9'),..""\. '::> be.J. ") 'J ) ~bt. ,,';) l~ SITE PLAN of PROPOSED PROJECT VARIANCE CASE # A-02-003 View south across subject tract towards Cheek-Sparger Road SELECTED SITE PHOTOGRAPHS ZBA VARIANCE CASE # A-02-003 I \.)!.. IV: 5.1 R-20 wlSUP (horse stables) ().{)O-1207 _ -I" R" 31 ..\1 '~O'~ M ,N' 11: 1 t11l1 D~D ,~ , .... ~ .~ 111 42 7.111C . 1 '7 . . , I. " u 11 . . . '0 1% .. n " l ., · Ii '1 , I . . I ~rr-m- - - ~ 1 II 1 22 , 2 . .. '..122:4 . .1iJ27 . . . - " JC BBDftlII ~ .~ ZONING DISTRICT MAP - 817 GLADE RD. ZSA VARIANCE CASE # A-02-003 J.___L ....._L_ __L____L___ 1 ~t'l15 O~ ~ IA ... 1.14 IlC TA 4Z 7.37 IlC 1 '" 4Z 7.3 IlC 1II 4Y 5.. Ill: . II .. .. ~-~~~----------~-======. ... ..--.----....P L :- l .= IA 3H !( r- -_'"\. LOCATION MAP and AREA of NOTIFICATION ZBA VARIANCE CASE # A-02-003 Radha Nair 4120 Jackson Raad Colleyville, Texas 76034 Ralph & Mobina Kamin 4105 Buckingham Place Colleyville, Texas 76034 Peter & Deborah Anderson 4107 Buckingham Place COlleyville, Texas 76034 Jim & Charlene Gibson 4109 Buckingham Place Colleyville, Texas 76034 Danny & Stephanie Myers 4111 Buckingham Place Colleyville, Texas 76034 Rober Palmer 522 Queensbury Turn Southlake, TX 76092 Merril Lynch Credit Corp 4802 Deer Lake Drive E Jacksonville. FL 32246 Jim & Mary Martin 4116 N. Jackson Drive Colleyville, Texas 76034 Gregory & Susanne Foreman P.O. Box 308 Colleyville, Texas 76034 LIST of NOTIFIED PROPERTY OWNERS ZBA VARIANCE CASE # A-02-003 ZONING BOARD OF AD.JUSTMENT Agenda Briefing cce~ TexaS Agenda Date: Subject: June 11, 2002 A-02-004 - Public Hearing - Request by Gregory A. Likness for a . variance from the regulations of the Colleyville Land Development Code regarding fencing to allow the construction of a fence over the 15' side building line at 3716 Briarhaven Lane, Lot 5, Block 5, Woodbriar Estates, Section Two. SUMMARY and COMMENT Gregory Likeness is the applicant of this request for a side yard variance from Section 3.26.D of the Land Development Code which restricts fences and other structures in required side yards to no more than 30" in height. The applicant wishes to relocate his present side fence to be placed essentially on the property line. According to the applicant's drawings this would put the fence at 15' 6" from the street curb. This applicant submitted a slightly different request that was heard by the Zoning Board of Adjustment in November. There was opposition expressed at that hearing, and the Board did not grant the variance. In that request, the applicant explained that the need for the variance was to enclose his drive to provide a "hard surface" play area for his grandchildren and also to secure the back and side part of his property. Because the driveway slopes down to the street it is difficult and expensive to put a gate across along the setback line, hence the need for the variance. Generally setbacks serve to create open vistas in single-family neighborhoods, however in this case the fence would be on a curve in the street about 15 feet back from the street curb, which would cause little negative impact. Also, there is an existing bridge abutment at the street-side, rear of the property that is approximately four feet tall. This abutment is also not blocking this view along the street. The applicant has included many photographs and drawings to illustrate the impact of his preferred design and in his statement, has pointed out that there are a number of other such fences in the neighborhood. In particular, there is a similar fence immediately across Greenbriar Lane. This fence would also be in the same "visibility" area and, in the staff's opinion does not block the driver's view. The staff believes that this variance will have little negative impact, but that the Board should give considerable weight to the neighborhood attitude. The applicant stated that since the previous hearing he has talked to many in the neighborhood who will support his request through letters or at the hearing. RECOMMENDATION Approval of requested side yard variance, subject to surrounding property owner's opinions. CASE # A-02-004 ITEM #2 -- Pg. 1 of 3 ATTACHMENTS . Land Development Code information & citizen comments . Application for variance with statements . Site plan of property and proposed fence . Photographs and elevation drawings by applicant . Zoning map of the area . Location map & area of notification . List of property owners notified . Letters and e-mails from property owners Prepared bY:~ ~ Q.c"'Qa ~-- Tom Niederauer, AICP, Senior Planner CASE # A-02-004 ITEM #2 - Pg. 2 of 3 Land Development Code - Pertinent Regulations: SECTION 2.5 _ DEFINITIONS - Yard, Side. The area lying between the side lot line and the side yard building line, and extending from the front yard to the rear yard. The width of a side yard shall be measured in such a manner that the yard established is a strip of land with the minimum width required by district regulations with its inner edge parallel with the side lot line. SECTION 3.24.G - SCHEDULE OF DISTRICT REGULATIONS - The required side yard in the R-15 district is ten feet (10'), however this addition is platted with a fifteen foot (15') side yard building line which takes precedent over the Zoning Code. SECTION 3.26.D - FENCE AND FREE STANDING WALL SETBACK REQUIREMENTS 2. Corner Side Yards A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30") in height or greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side street, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the property line, except on any lot having either a required side yard less than fifteen (15') feet or an existing primary structure setback less than fifteen (15') feet, then the fence or wall may be constructed with the same setback as the primary structure; or b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the side property line; I Zoning Board of AdjustmentAuthority: SECTION 1.16.E - JURISDICTION OF ZBA: "the Board has jurisdiction to: (10) 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 a self-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. (11) Permit such variances of fence heights when in the opinion of the Board such fence will not adversely affect neighboring property." I Citizen Comments: Staff notified the nineteen (19) owners of properties located within 200 feet of the subject property. At this writing, staff has received comments from two of those notified, which are included in the following support material. [See list of owners notified] CASE # A-02-004 ITEM #2 - Pg. 3 of 3 .. '1'..... ZONING -BOARD OF ADJUSTMENT APPUCATlON FOR VARIANCE CIty of CoIIeyviMe 5400 Bransbd RoM CoIe)~JiIIe. 1X 76034 817.577.7587 . APPUCANT Gregory A. Likness Address 3716 Briarhaven Lane TeIephoM No. 8 !? -6.~~~2~84Fax No._~_ ______ m___ City ___~_QJ~lle __________ S&ate _~xa~____ ZIp Code AppJIcant's StaWs: (cbecIc one) ~ Owner 0 Representative 0 Tenant . PROPERTY OWNIR Gregory and Marlene Likness Addresa _...31..16...Briarhaven T ane 76034 TetephoneNo. 817-656-2984FaxNo. ________ City -----Colleyvi~---------------------- Stale _u.._T..exas__h.._____ Zip Code Ownership Status: (r:heck one) 0 Individual 0 Trust 0 Pn1ership 0 Corporation ~_d ::? ~~ 04"0107 ~;7 U?)-7.~ ~gnature Date ~ Slgnat1n 76014 04/10/02 Dale .;-,ll..~I":i r-,'~... ',,- ,-).-:t-../,,~'\. ~ Ir,iJ TM ~ ___ mud....... ..,..,.~... . or submit. MlIMMd....,. 01 ~t.lIDon. ................ aGknawI......... _ 1M ___................. - JlJ '_,IL Slreet Addr8ss<< location __.3216Briarl1a\lelllane.._ Col1eyvill~ IX 1...603..4........_ __TAD Map21Q~Q__n Legal Desaiplion ______~.~~~~E_ar ~_S~~!~~_~~~~i..?~~~!~ ?..Lot ? Present Zoning _____~L~!ngl~R~~_..____________ ..___. Present Land Use Residential Status of Project: Jii) Proposed 0 Under Construction Q Existing Have you applied f<< a building permit? t;l: Yes Q No Have you flied an appea1 or petition on this property before? 0 No Jl Yes H U (\',!) C. ~ 1< [) L.. :' .. M [ r J" (F f I .. ,.:.' U -.. r ,-)', ( " Case Number &_~~p ~4:L Healing D8te __...D._~) I' j 0.;1.. ActIon Q Approved [J Approved with Conditions [J Denied Conditions Zoning Board d Adjustment Chair Attest: Zoning Board of Adjustment Secretary ZQ_a8OAN).OF~"""'~1'IOII JWIE 2 :: l " . " .. . '. P..... .....r....foIIowlng qul....._~.PG ItM '....10..., MIIIM the .at1lltlDn.by ... ............ qI_IltiDo.,. could. _.unnecllll .' __.In ...........,..,. W I II MdIIIonaI........., be fltWJ............ary. 1. . FuIy de8aibe the varl8nce)O.l" .......... Move existing fence beyond buiJdini-line along Greenbriar Lane to within approximately 15.6 feet from curb. 2. Do simlarcondiliClnaexilt1nIhe8f88? ExplaIn. ~~~~ ~_?~!.B_~~~~v_~_!:-~e withJ:e~~~_~oE~ ~~n~~_~ Lane, 3720 Oakbriar Lane with fence along Greenbriar Lane, 3700 Oakbriar Lane with fence along Briarwick Lane, 100 and 111 Greenbrair Lane with fence along San Bar Lane 3. 0esc:rib8 how the unique COIIditiOnsCl,c:ir'cumst8rK:8 do not restMfrom.)'IOUI' actions. _ 4. Is there any way to do what you went without Ihia request? No . Acknowledgments I certify that the above Inform8IIon .. ccwrect and complete to the best d my knowI8dge and ability and that I am now or will be fully ~ to pr8B8f1t the above ~ at the ZDning Bo8rd of Adjustment he8rtng. lundensIand that in the event that I am not preaenl or represented at the public hearing, the Board shall have the power 10 dismiss this proposal either at the C8II of the case tX after the hearing, and Ih8lsuch amisaellhllll constitute a denial. I res<<Y8 the right to wihdnIW 1hil propoeal at any time upon wrtien request fllad with the Community Development Department, and such withdraWBI shall immecUatBly stop aU f)'oceedingI. I understand the ftling fee is not refundable upon withdrawal of the proposal after public notice. I undersIBnd that If the request i8 appnwed, I must abtBln a building permit from the City before any work Is slMed on the property, and that the Zoning eo.d of AdjuBlment action does not constitute the approval of 8 building permit. .'i1'i.? .-l //jH. .~ c~jc?';/ Appicantts Initials Date 04/1 0/02 APPUCATlON FOR vARIANCE CV - 410 (8-00) GREGORY A. LIKNESS Page 1 of 2 37/6 Briarhaven Lane. Colleyville, Texas 7603-1. R17-656-]98-1 Colleyville City Building Inspection Department Permits and Inspections 5400 Bransford Road Colleyville, TX 76034 April 10th, 2002 To Whom It May Concern, In order to provide an area for our grandchildren that ensures their safety and security when playing on our driveway from individuals either on foot or in a vehicle, and safeguard our vehicles against vandalism or theft, we would like to request permission to relocate our present fence located at the comer of our garage and running to the rear of our property along Greenbriar Lane to within 15' 6" of the curb. Since the driveway is the only hard surface for our grandchildren to play on and my wife watches them during the day while their parents are at work., the elevated driveway sloping towards the street is a matter of great concern for us. The driveways adjacent to our property are relatively flat in comparison and do not have this problem. Our driveway is approximately 14.5625 inches higher in elevation than driveway immediately next to ours, a substantial difference in grade. While our back yard would normally be used for play activity and is used on occasion, with no hard surface available there is no practical area for riding bicycles and general use of push toys. Estimates for construction found a significant difference in building costs for location along the present building line versus our proposed relocation closer to the curb. The reason for the increase in cost is the necessity to lengthen the gate to accommodate the present driveway configuration or to remove part of the concrete surface for installation of the gate. In addition, the driveway in it's present configuration does not allow for the concealment of vehicles or other objects from the view of passers by and if granted, would improve the appearance of the property. I feel the existing building line does not take properly into account the geography of the property or curvature and visibility of the street, causing unnecessary restrictions and hardship for suitable usage of the land. At present within our immediate neighborhood are five locations with wooden fencing that are within or less of a distance to the curb as I am requesting. To the best of my knowledge, these fenced locations have not caused any safety concerns for drivers in our neighborhood. I have attached photographs and a plot plan of our property for your review. Please note that proposed location of fencing does not materially effect the "visibility triangle" for vehicles traveling from Greenbriar Lane to Briarhaven Lane or Briarhaven Lane to Greenbriar Lane. Also, that visibility for vehicle traffic on Greenbriar Lane traveling in either directions would not be restricted in any manner. GREGORY A. LIKNESS Page 2 of 2 3716 Briarhaven Lane. Collevvil/e, Texas 76034.817-656-2984 The construction of the fence would include an ornamental wrought iron style gate with opener, galvanized metal and concrete core filled posts and make use of wood panels impregnated with concrete, having a wood grain finish that is. durable and commonly used in the housing industry as siding for homes. This type of construction is resistant to termites, carpenter ants and other destructive insects, maintains it's appearance and does not weather or deteriorate as do wooden fences. A newly arisen and additional concern for us is that our daughter was recently assaulted and is in the process of divorcing her husband. She and her son will be living with us in the near future and it is of critical importance to us that they and our property be protected from individuals and vandalism. The fence if placed along the present property line would unnecessarily raise the cost of installation and would not provide the necessary protection for all of our vehicles and property. Your consideration in this manner would be greatly appreciated. Sincerely, C(,~ /-;~--LJ/ '1L? ~~l_ . . \ \ -,----<-- Gregory . LiKness '" ~,~ 'bO rtf 4' (Q \,'t> ~I::l ~ 15' BUIL!)JNG""'\ ~~ LINE \ ~ , \'-I/2"I.R. FIlD. MEAS. N.89'S6'36" E. 1.90' I 5/ft' I.R. SCTi- .-----1. - - - _"[AS. N.cr~9~ ,"W, 90,-O[ \ \ r- .,. .._ . ~,. "",_ "N"" . \....1/2.I.A. rwoV I : - - - - - - - - ---: - w- ............~ n- - ,......,.... S.s. .....MH(ll( ~I ~ C)' V 15' ,-... tD bDc "P1lo PO ~~D F~ N Co'; C> -:;0 ~ -z:, tP -:;0 - ~ r- ~ f'""\ E ')LJ sr IIJ G F~tJ ~C VI c( 40' BUILDING" .';1\ \ \ UN-=-- _ ~~ __ _ ~ //\ \ I: i / / / , \ \ I .,; I':. / ,\~I;,"" \ ~x SIft' Lll. SET * I ' IT / ~'~\' \ (""''''\It // /~ \;'\ ~"-- - ~V -- ~- -~-.j~::~t~1;~;~~~- - ~ --~ ~/ft' I.R. rHO. 3716 BRIARHAVEN LANE ." SITE PLAN of PROPOSED PRO.JECT VARIANCE CASE # A-02-004 Gregory Etux Marlene Likness 3716 Briarhaven Lane Colleyville, TX 76034 817-656-2984 Tarrant County Account No. 03583562 Eastbound view - Greenbriar Lane If fencing is extended from present position to within 15' 6" of curb, would not reduce visibility for vehicle traffic in either direction Eastbound view - Greenbriar Lane Property located right side photograph, approximately 50-75 feet behind vehicle parked at curb. Note: Vegetation is more restrictive to driver visibility than proposed location of fence. Gregory Etux Marlene Likness 3716 Briarhaven Lane Colleyville, TX 76034 817-656-2984 Tarrant County Account No. 03583562 Eastbound view - Greenbriar Lane From driveway entrance Eastbound view - Greenbriar Lane Fencing within 12-15 feet of curb on two lots within close proximity of property Gregory Etux Marlene Likness 3716 Briarhaven Lane Colleyville, TX 76034 817-656-2984 Tarrant County Account No. 03583562 View of fence at 100 Greenbriar Lane View of fence at 100 Greenbriar Lane facing northward along San Bar Lane Gregory Etux Marlene Likness 3716 Briarhaven Lane Colleyville, TX 76034 817-656-2984 Tarrant County Account No. 03583562 Southeastward view - Greenbriar Lane 50 foot elevation, proposed fence 15' 6" from curb Southeastward view - Greenbriar Lane Street elevation, proposed fence 15' 6 " from curb Gregory Etux Marlene Likness 3716 Briarhaven Lane Colleyville, TX 76034 817-656-2984 Tarrant County Account No. 03583562 Eastward view - Greenbriar Lane 50 foot elevation Eastward view - Greenbriar Lane Ground elevation Gregory Etux Marlene Likness 3716 Briarhaven Lane Colleyville, TX 76034 817-656-2984 Tarrant County Account No. 03583562 Southward view - Comer Briarhaven Lane/Greenbriar Lane 50 foot elevation Southward view - Comer Briarhaven Lane/Greenbriar Lane Ground elevation I~~ 'Ws. -,~-- ... 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I ~. ,""-", 15 ~ ;.:;... " 11' · , '"" r"l ' 4 \ · ,\ . a so I' ~ (-l';~IC ' L~ PUD-R "'--~..-a). 1S t' A ~ . II ,1(1-/ , f~ 14 t I '4 11 to ;."'l'~1 I , .00 /, I ' I~ \I 0-98-1086 ~ r; "..' ;; ~ ~ CRnHBRIAR,H _ 5J" \ I .. ~ I" $I:1; .. ... JH;~'E,' 5 oil .,....... - 1 r=- ~ '0 ZI , J i1R~"'i , 01 II Z :, ' II ;:jj V . ,,;)L ~ ,- ~ -' 1Z 1 - ,. , ~ ~ ., .1 ! 1 ~,. 4 1) 4 . -..;...... :. (, 1~ 11 , I . .: ~ .. ..~ 1'0 I:!-; t 13 27 ~. :I ~. :I! To ..:...,.~ i:" ~.... - ....... :' j : · 3 ~ u: l: : il ::' · .':-" .. ': 31~)1 15 I" ~.., ~_ BRWIW1CIl Uf ,t ,.. A~ ~I f-\ 31 }.......r \ 11 ' 4CI I 17 II 24/23 211 I~ 2lI " ,. ~7 II .5 14 '3~. ...~ /~. 4 l~\ Cf~t __ ~~.~"" !,OOD':: ~~,., .t', 's ""3Il2II,.+1I: ~~:lll.l~T11-1I1:~ ~I:'}- M !I 7 I' ~ ,~~ J$.... ~ 1 .,~ - \ - 'I00DBIlWI - 1M "lIIIl1.... ~s:Ciii "t' .c 1R _02 fill::' It:' f' r SOJ"f~~ CC-2 wlSUP i. ,I --; .~~ ~L .7N:. .'N:.' IP~ r\'1.~ .~ess.BIdg.l..... 'R · 5 +1' 2' - ~~I~' ,,y"'........ .;..a.m...... _ I ~: :- .. · - 5 - 4' ... · · :: \~:.. ;~ ~i ~.:I~T... :. : : I : · -,~ i.~\. · I" ~ ~ ~. I":' , · i. - ~ \"y'[ · I ' Fl ~; -~^"" --: ~_ · "- ... \" ~~..:::!:.~ _' I r ~<t": ZONING DISTRICT MAP - 817 GLADE RD. VARIANCE CASE # A-02-004 ~ I \ , i - ! r i -~ ~ / i -- / . C1I6. I( ..s tfI/f ~tf,. E.c. A,.b. ~ / / ' / I /;1- I (/ i L// I ~ L I I ~ - 6 (t.~~H &" \ ...... LI - 20 f "r ./' i i i w: i i I ':i! i I ~ I - jl -.-.- ___d___ ~~~WI~- ~ "- I-I \. .~ \~ I TT / \ __I \ \ / ~ \ \ \ \ \ \ ~-~ I I I \ / (' LOCATION MAP and AREA of NOTIFICATION ZBA VARIANCE CASE # A-02-004 Tyler 0 and Kathryn Cox 3721 Briarhaven Ln Colleyville TX 76034 Jeffrey and Cheryl Montague 3717 Briarhaven Ln Colleyville TX 76034 Leslie K and Martha Bell 3713 Briarhaven Ln Colleyville TX 76034 Lendon and Nina Holloway 3709 Briartlaven Ln Colleyville TX 76034 Jerry L and Mary K Bennett 3705 Briarhaven Ln Colleyville TX 76034 George W Etux Leslie Nichols 3712 Briarhaven Ln Colleyville TX 76034 Gerald J and Ella M Harber 3708 Briartlaven Ln Colleyville TX 76034 James D Wolfe 3704 Briarhaven Ln Colleyville TX 76034 Michael B & Doris E Permenter 3717 Rosebriar Ln Colleyville TX 76034 Phil and Billie Bellefeuille 3713 Rosebriar Ln Colleyville TX 76034 Cecil S Mathis 3709 Rosebriar Ln Colleyville TX 76034 Michael R and Roberta Sides 3705 Rosebriar Ln Colleyville TX 76034 Howard Jr and Ava Huffman 404 Greenbriar Ln Colleyville TX 76034 William Robert Prulhiere 400 Greenbriar Ln Colleyville TX 76034 Donald and Donna Michael 312 Greenbriar Ln Colleyville TX 76034 Bill and Alisa R Stephenson 308 Greenbriar Ln Colleyville TX 76034 Margie P Branch 304 Greenbriar Ln Colleyville TX 76034 Sondra & Karen Branch 304 Greenbriar Ln Colleyville TX 76034 Paul S and Kelley M McPeek 300 Greenbriar Ln Colleyville TX 76034 .. LIST of NOTIFIED PROPERTY OWNERS ZBA VARIANCE CASE # A-02-004 From: Sent: To: Subject: Jerry Bennett ~rrybnntt@attbi.com] Monday, June 03, 2002 6:55 PM Jan Levy Case A-02-004 .. Jan: I recently received a notice concerning a request for variance for 3716 Briarhaven Lane. The notice briefly states a variance has been requested to allow construction of a fence over the 15' side building line. I am assuming Likness is requesting a variance so the rear fence can be extended to the curb and a new fence be constructed along the street curb for some distance to hide the junk parked there. If you drive by the property in question you will observe a person that exhibits little to no pride in maintaining their property. A car and two trailers are parked in the grass, plus a large RV is parked on the driveway extension. Large containers have been in the driveway for months, exactly where they were delivered. From the front of the house, you can see through the steel fence to see junk in the back yard. The rear fence is made of a material that is unlike any material I have seen used for fencing. If the variance is a request to extend the fence to the curb is the case, I am opposed to the variance. No one else in Woodbriar Estates has a fence that extends to and runs along the street curb. I would suggest the city of Colleyville initiate action to require Likness to clean up the property and bring it in line with the standard of appearance found throughout the neighborhood. I have a feeling that Likness is in violation of one or more city ordinances. Based on the Tarrant Appraisal District records, Likness is not being taxed for 2002. The manner in which Likness fails to maintain minimum appearance standards detracts from the neighborhood and ultimately Colleyville. At the rate houses in this area are appraised and taxed, I would expect someone to take better care of their property and be more concerned about what the neighbors might think. Please accept this as my written comment to the Zoning Board of Adjustment. If email is not acceptable for submitting a comment, please advise. Thank you for providing me with the Notice of Public Hearing. Jerry Bennett 3705 Briarhaven Lane Colleyville, TX 76034-8676 Horne 817-577-8838 1 HOWARD AND A VA HUFFMAN 404 GREENBRIAR LANE COLLEYVILLE, TX 76034 817-581-7561 May 30, 2002 Zoning Board of Adjustment City of Colleyville P. O. Box 185 Colleyville, TX 76034 Re: Case Number A-02-0004 Public Hearing date June 11, 2002 We have no objection to the request from Gregory Likeness to construct a fence over the 1'5' side building line at 3716 Briarhaven Lane. Sincerely, cc: Gregory Likness -~ ZONING BOARD OF AD.lUSTMENT Agenda Briefing cce@ Texas Agenda Date: Subject: June 11,2002 A-02-005 - Public Hearing - Request by Robert Hardisty for a variance from the regulations of the Colleyville Land Development Code regarding fencing to allow the construction of a fence over the 40' building lines at 5000 Montclair Drive, Lot 5R-2, DP Arrington Limited. SUMMARY and COMMENT Robert Hardisty is the applicant of this request for a variance from Section 3.26.D of the Land Development Code. That section does not permit any structure over thirty inches (30") in height in the front yard setback area. Mr. Hardisty wishes to place fences on his front property lines. His design is a solid, brick eight-foot (8') fence along Glade Road and an eight-foot brick and wrought iron fence along Montclair Drive. The house is on a corner and there is a forty-foot (40') front yard setback from both streets. The fences will include electric gates at the two drive entrances. The purposes of the request are for his children's safety and to prevent drive-through traffic from using his loop driveway to cut the street corner. Mr. Hardisty's supporting documentation mentions trees in the front yard as a reason the fence could not be built further back, Le. along the setback lines. He also points out that there are a number of fences / walls along Glade Road now and there will be one across Glade when a new residential project is built (Beldon Hollow now being planned). Staff found no fences along Glade Road for some distance except the brick wall along the Cranbrook subdivision across Glade and a 6' wood stockade type fence at Glade and Camelot Dr. to the west. Along Montclair Drive most of the homes have deep front yards with white, wood, transparent "rail" fences about three to four feet in height. The staff is of the opinion that other alternatives have not been adequately examined and that the eight-foot solid fence along Glade Road would be visually obtrusive at this location due to the sweeping front yards in the area - especially along Montclair Drive. Also, little is said regarding the safety issue except children playing on the driveway. Staff believes that there are other alternatives that could solve both the traffic and safety problems. A fence at 30" high could easily be built along the property lines, even with electric gates that would deter drive through traffic and no variance would be required. Or, given the size of the property, taller fences could be built further back along the setback lines and still include electric gates. RECOMMENDATION Denial of the requested front yard variance CASE # A-02-005 ITEM #3 - Pg. 1 of 3 ATTACHMENTS . Land Development Code information & citizen comments . Application for variance with statements . Site plan of property and proposed fence · Site photographs · Zoning map of the area . Location map & area of notification . List of property owners notified Prepared by: ~ ~ A.v-- Tom Niederauer, AICP, Senior Planner CASE # A-02-005 ITEM #3 - Pg. 2 of 3 Land OevelopmentCode -PertinentRegulations: SECTION 2.5 _ DEFINITIONS - Yard, Front. The area extending across the entire width of the lot between the front lot line and the front building line The depth of front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. SECTION 3.24.G _ SCHEDULE OF DISTRICT REGULATIONS - The required front yard in the R-40 zoning district is forty feet (40') and the side yard is fifteen feet, however this lot is platted with a forty-foot (40') building line on both frontages, which takes precedent over the Zoning Code. SECTION 3.26.D - FENCE AND FREE STANDING WALL SETBACK REOUIREMENTS 1. Front Yards No fence or free standing wall greater than thirty inches (30") in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces except for perimeter subdivision fences meeting the following requirement: a. The primary fencing material shall be of wrought iron, pre-cast concrete, poured in place concrete, concrete masonry unit, brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. i Zoning. Board. of AdjustmenlAuthority: SECTION 1.16.E - JURISDICTION OF ZBA: "the Board has jurisdiction to: (10) 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 a self-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. (11) Permit such variances of fence heights when in the opinion of the Board such fence will not adversely affect neighboring property." ~Citizencomments: Staff notified the eight (8) owners of all properties located within 200 feet of the subject property. At this writing, staff has not received any comments from those notified. [See list of owners notified] CASE # A-02-005 ITEM #3 - Pg. 3 of 3 CllY 01 (Qe~. 7e:\a!o ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577.7587 Address S;-ooo Telephone No. 8/7 <;;'15: ~'IF~X No. .\'\e81L E' -. 13 n~oBii33 ...........T......................./........... City..CQ<:.-~.~r'.~~~~.~. ......... State J<. Applicant's Status: (check one) j;lowner 0 Representative 0 Tenant · ~:~:~RTY Cj2,g[~L!Mtb/~Tr. Telephone No. Zip Code /&,03'1 Fax No. Address ~ A- VY] <;' ..... .... ...............______......................."....f.-,..... City Ow o Trust 0/ jc.;2 Date s;J~;l , . Date The property owner must sign the application or submit a notarized letter of authorization. Please initial the acknowledgments on the second page before signing this application. Legal Description Present Zoning Status of Project: ~ooo (1/)OAJ TC l-A/~ 1>? A i2 2 j.AJf-.To.AJ .~I~iTrr: l) ,) LoT .~.~Q S:R-2 Present Land Use S,AJi:>i ~ F~ t," /" Street Address or Location ~ Proposed o Under Construction o Existing Have you applied for a building permit? 0 Yes ,-No Have you filed an appeal or petition on this property before? ~o DYes , . BOARD OF ADJUSTMENT OFFICIAL USE ONLY , Case Number A:t?;A:C?t?S. Action 0 Approved Hearing Dateo.".ILI./(l~. o Approved with Conditions 0 Denied Conditions Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustment Secretary ZONING BOARD OF ADJUSTMENT APPLICATION PAGE 2 REQUEST INFORMATION Please answer the following questions as completely as possible. Failure to fully outline the situation by answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary. 1. Fully describe the variance you are requesting. c ~~ . m..J}TL!l-~.'-7=f'b.. 2. Do similar conditions exist in the area? Explain. S't: 'C. ft TI A-C L-IL{~ 3. Describe how the unique conditions or circumstances do not result from your actions. S?L 4fl A r f/-[' 4. Is there any way to do what you want without this request? S2.'e Acknowledgments I certify that the above information 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 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 all 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 Zoning Board of Adjustment action does not constitute the approval of a building permit. Applicant's Initials aV%- Date ~ J/ S-Jo:;) f APPLICATION FOR VARIANCE CV - 410 (8-00) Attached as Page 2 of the Application for Variance 1.) Fully describe the variance you are requesting. I am requesting a variance from the 40' building line that currently exists on the property. Specifically I am requesting the approval to build fence on the property line along Montclair Street and Glade Road. The purpose for the variance request is based completely on the safety of my family. Being a comer lot on Glade Road with 7000 plus automobiles passing by daily is a large safety concern for the three young children in the family. Of utmost concern is the numerous times that drivers have decided to use the driveway as a bypass between Montclair and Glade. The idea itself of someone doing this is hard to believe, but watching it happen leaves you speechless and numb. The proposed fence along Glade Road will be a full brick structure with brick pillars at appropriate equal spans. The proposed fence along the majority of Montclair Street will be constructed with the same brick pillars, but with iron fence spanning between the pillars. An iron electric gate will be placed at both the Glade Road and Montclair Street entrances of the property. The max height of the brick pillars will be 8 feet with a max wall height of 7 feet. The attached plat of the lot illustrates the proposed format for the wall along the perimeter of the property. Building a fence along the existing 40' building line would leave me with almost the entire front yard on the other side of the fence. The reason the proposal asks for construction on the property line is due to the number of large trees on the lot. Approximately 4-5 feet in from the property line along both Glade Road and Montclair Street there are rows of large Pine trees that parallel both streets (See attached pictures). The Pine trees prevent construction of the fence several feet back from the property line, and further back are more large pine trees. Hence, the only feasible location for the fence is on the property line. Along Glade Road the distance from the property line to the edge of the street closest to the property is 26'- 8". Along Montclair Street the distance from the property line to the edge of the street closest to the property is 19'-9". The Montclair Street entrance gate will be inset into the property 7 feet in order to maintain a safe distance from the street when pulling into the driveway prior to opening the gate. This inset is not needed on the Glade Road entrance due to the current large distance between the street and the property line. Also illustrated on the attached plot, the comer of the lot, at the intersection of Glade Road and Montclair Street, the design calls for the fence to be built at an angle. While being more aesthetically pleasing it also ensures maximum visibility for southbound cars turning west onto Glade Road. 2.) Do similar conditions exist in the area? Explain. Many ofthe lots along Glade Road have masonryliron fences in place to mitigate the risk introduced by Glade Road. As developments continue along Glade it will be a continuing trend, since the fence presents a win-win for owner and the community. The owner is able to achieve the desired safety and the community achieves an elegant and eye pleasing look of a masonry and iron fence. The current development project (Beldon Hollow) in-process across Glade from my property is proposed as a gated community and will certainly incorporate and brick and iron design. 3.) Describe how the unique conditions or circumstances do not result from your actions. Without a fence and gate I can't prevent people from driving though my driveway so they can pick-up a few extra seconds transitioning between Glade Road and Montclair Street. I am already parking my cars at each end of the driveway when ever the kids want to ride their scooters. I am certain the neighbors would prefer a decent fence and gate built rather then a big suburban parked sideways. 4.) Is there any way to do what you want without this request? No. I can't build a fence 40' in from the property line in still make use of the large lot that I have. It is not only unpractical, but it would look completely unprofessional, and cause devaluation of the property. 1- - - -- - - - - - -- - - - - - - - - ~~ I ~ I ~ I 9 ~ o ::II Lot. William A. ~er at 11% V. 12..8. p, 871 D.H.T.e.T. ..0-+ # ~...Q;'~..o . A.Q~;" '~Q'""" ~. ,~~. ~. :.~ ~ ,,:>'tr~ ,.. ~. 528.85' 264.29 /q ''1''- ro r;./)(,(f. tJF PI'oVf:. 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II CARLISLE I " 24 A Il " \I DANBURY . . II SUii' 15 1. NOR1J ALK J.)I. t'l llESt. ~DD~ ~ , 1 1.0 ~'L,'1 . ,. .e '.HZ ---- I ,':'. ~ - . 2~ " " '.19 ~ William & Anita Snyder 5008 Montclair Drive Colleyville, Texas 76034 Floyd & Hannemarie Futch 2455 Ripplewood Conroe, Texas 77384 Jack Dortch P.O. Box 1113 Grapevine, TX 76099 John & Nelda Thompson 5017 Montclair Drive Colleyville, Texas 76034 Clifford & Glenda Hood 2108 Glade Road Colleyville. Texas 76034 Robert Maass 4800 Bill Simmons Road Colleyville, Texas 76034 City of Colleyville Caroll Shanklin P.O. Box 598 Colleyville, Texas 76034 ICI Development, LLC 4101 Gateway Drive Colleyville, Texas 76034 ... LIST of NOTIFIED PROPERTY OWNERS ZBA VARIANCE CASE # A-02-005 ZONING BOARD OF AD.JUSTMENT Agenda Briefing cc.~ Texas Agenda Date: Subject: June 11, 2002 . A-02-006 - Public Hearing - Request by ICS for a variance from the regulations of the Colleyville Land Development Code to reduce the required parking or allow for parking within the landscape setback at 817 Glade Road, the southwest corner of Glade Road & Glade Creek Drive, Lot 8R, Block 2, Village Park Addition. SUMMARY and COMMENT Rob Resnick of Innovative Construction Services (ICS) represents Heritage Personal Training, Inc. who wishes to build a "fitness center" in Colleyville behind the Albertson's grocery store on Colleyville Blvd. The site is located on (new) Glade Road across from City Garage. Rachelle Limosnero is the owner and is requesting a parking space variance from a little used section of the Land Development Code. Under the Section Entitled "District Regulation Notes", there are provisions that allow variations to the Code if certain building or site conditions are met. To create an "urban village" design, Section 'D' permits buildings to be located within the 40' front yard setback area, if the required parking is placed at the sides and rear of a project (see Sec. 3.24.F on following page). This site is a corner lot at Glade Creek Drive, and was originally platted with the Village Park Shopping Center. Because of the configuration of the Center, this tract was not needed and was left for separate "pad site" development. With the City's requirements for setbacks, parking, landscaped open space, etc., the space is too small to take advantage of the "urban village" concept without a variance from either of the following rules: 1) All parking placed behind the front yard setback line" (Sec. 3.24.F " Urban Village"), or 2) Five fewer of the required 23 parking spaces for this use. (Sec. 3.29 "Required Off-Street Parking"). Alternative designs were attempted, but apparently none yielded a plan as efficient as the subject plan. The following site plan shows all of the required parking in place, with five of those spaces within the side yards, which are highlighted. Of the two different variances noted above, the owner prefers the second (five fewer spaces) since the belief is that this much parking will not be needed in any case, because many of their members are young students that do not drive. Also this gives more space for landscaping. Two additional points that are important - since this is a corner lot, both street frontages serve as front yards, therefore the setbacks are much greater than for interior lots, and also, there are approximately 65 parking spaces in the parking alcove behind Albertson's, presumably mostly for employees. Staff has observed several times that that lot is never CASE # A-G2-006 ITEM #4 - Pg. 1 of 3 more than one-third full. Although no formal share-parking agreement has been reached, occasional surges in parking could easily be absorbed in the area. RECOMMENDATION Approval of requested variance of 5 parking spaces ATTACHMENTS . Land Development Code information & citizen comments (following page) . Application for variance with statement letter of May 14, 2002 . Site plan of property · Site photographs . Zoning map of the area . Location map & area of notification . List of property owners notified Prepared by: ~ ~ f).a ~ Tom Niederauer, AICP, Senior Planner CASE # A-02-G06 ITEM #4 - Pg. 2 of 3 Land Development Code - Pertinent Regulations: SECTOlN 3.24.F - DISTRICT REGULATION NOTES D. To achieve the "urban village" design, front yards may be varied to as little as 10' from the front property line if required parking is setback not less than forty feet (40') from the front property line. Zoning Board of Adjustment Authority: SECTION 1.16.E - JURISDICTION OF ZBA: "the Board has jurisdiction to: (9) Vary the provisions and conditions required for the development of off-street parking facilities when such variations are found to be in the interest of the area and necessary to secure reasonable parking use of a specific parcel of land. (10) 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 a self-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. ~Citizencomments: Staff notified the fourteen (14) owners of all properties located within two hundred feet of the applicant's property. At the time this agenda briefing was prepared, staff had not received any comments from the neighbors. [See list of property owners notified.] CASE # A-02-006 ITEM #4 - Pg. 3 of 3 .$ 7'exa'" ZONING BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE City of Colleyville 5400 Bransford Road Colleyville, TX 76034 817.577.7587 * Address City ~_~_V-.N_Q_____________________________ State _~__________ Zip Code 7;;;;t.:;!Z,Z Applicant's Status: (chf1ckone) DOwner B Representative D Tenant . PROPERTY OWNER Telephone No. $?\ 1. m. tt'Z1lax No. ____________________________________ ~~ l,..\Mos..~ Address ~l' 0 ~'\~--1tP. _________________________mm_ City ______~_~1\.t\&_~_____._.________._.____________._______.__ State ____~..____ Zip Code l{P_o~_ Ownershi Statu' 0 Individual 0 Trust D Partnership D Corporation ~Z- t~.b {JJ,KJ.~ .7 -I-:r-o~ Date Owner Signature Date Street Address or Location _ m ______@.___~~ -~---.t:?&L~ Legal Description -J~-r_---g_~--&.U>~--~-./JJJJ!&lV~e---~-(!.,-~J~,-,,~, Present Zoning _~~____?___q_ L~~___':__f(_~__:___.Lz.c_~present Land Use__'Ymlt_9:/i'Y..__!:._____ ___ _m__________ ______. Status of Project: .. Proposed (J Under Construction (J Existing Have you applied for a building permit? (J Yes .No Have you filed an appeal or petition on this property before? )ill No 0 Yes BOARD OF ADJUSTMENT OFFICIAL USE ONLY Case Number Action Conditions A - 07., - 00c." Hearing Date [J Approved [J Approved with Conditions [J Denied .---.--.---.--...------------------.--------------------_._----_._---._----------------------------~-- ._----~_._-_._-------------_._---------.._----_._~------------------------------------------.---.-------.--------_._----_._-----_._-_._--~_.._------------_._~-_.._._----~._---~_._-.-------_._----- _._--~~----------_.~-----------------------_._---~--------------_._--------_._~----_._--------_.._-------_._~-------.------..-.----------------.-----------------.-----_.._----_._-"--_._"-----_.._---_._----_._---~ Zoning Board of Adjustment Chair Attest: Zoning Board of Adjustment Secretary "* ICS - Innovative Construction Services - Rob Resnick, Project Buider t\-()2-00u ZONING BOARD OF ADJUSTMENT APPLICATION PAGE 2 REQUESl INFORMATION Please answer the following questions as completely as possible. Failure to fully outline thEl situation by answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary. 1. Fully describe the variance you are requesting. -~-~-"wrn:tl~.ew.Lt.Dl..Nh__.~~_ 2. Do similar conditions exist in the area? Explain. .._UNJ5~~JAJN__.._ 3. Describe how the unique conditions or circumstances do not result from your actions. _~ kr~) ~~ ~Vlltet? _~ ~f vO'N~ _~~ CAJdllvt' "w..o..V.kO_~"~__~~Qe____ f~/NG' t-.Mel? 6t.J ~.s(e;& Op ~ USB. WrqttOl ~ V~~G6 11't8 ~ M~~Nr3/J. 4. Is there any way to do what you want without this request? Acknowledgments I certify that the above information 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 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 all proceedings. I understand the filing fee is not refundable upon withdrawal of the proposal after public ryotice. 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 Zoning B d of Adjustment action does not constitute the approval of a building permit. Date ...s- -tJ -- OZ- Applicant's Initials APPLICATION FOR VARIANCE CV - 410 (8-00) May 14, 2002 Zoning Board of Adjustment City of Colleyville Re: Heritage Personal Training Village Park Drive and Glade Creek Drive Request for variance for parking within landscape setback. The owner requests the Board consider granting a variance for five parking spaces shown on the attached site plan which are within the 40 foot building setback. The building has been located on the site to conform with the 'Urban Village' concept thus requiring parking to be located behind the 40 foot setback. As shown on the site plan, the parking is exactly the required parking for the use. Eliminating the parking in the setback would not allow the building to be as large as it is shown without a variance for the parking requirement. An alternate site plan was considered with the building behind the 40 foot setback and the parking shown in the conventional manner. The land remaining was not large enough to allow the required building size without going to a second floor- a design that would not work for Heritage Personal Training, Also, in the two-story scheme we could not meet the parking requirement with all the parking shown between the 10' greenbelt and the building. The use of the building is for exercise training on a 'one- on-one' basis with the occasional exception for training classes for kids. In the case of the classes for kids, the parents generally drop the kids off for class and pick them up later- they do not create extra demand for parking. At any given time the parking lot may contain 6 to 8 cars. While Heritage Personal Training may not have demand on parking to require the five spaces in the setback, over the life of the building the parking may be valuable to some future tenant or owner, Please note that this is a corner lot and as such, is further restricted by the setbacks on two sides. Also note that as presently drawn the available landscape area is 27.4 percent of the total lot area. Surrounding the site to the west and south is retail development. To the south is parking area for the shopping center, and since it is in the rear, has very little regular use. This lot was originally part of the overall development of the retail center and was purchased from the developer. No reciprocal parking agreement was part of the land transaction. To obtain such an agreement would involve the three major owners of the development and would take months to get. even if everyone agreed. It would be a legal issue involving corporate decision making at a national level. We feel that through design of the site landscaping and the bUilding that" the five parking spaces would have little negative effect on the desired 'Urban Village' design. If a variance for the parking in the setback is not acceptable. we then must ask for a variance for the number of required parking spaces. The owners do not feel significantly impacted by the loss of the five parking spaces. However, while more than adequate parking is available for this use at this time, and while plenty of parking is available adjacent to this lot, we feel the viability of the building and site over time is stronger ~ the five parking spaces. Future uses may have more demand. ~f ~ t > ." d f till ". .e .~ I ~:r ;!;. (j~~~~ 4 ? ~ in ~ ~ \ r i I I. 4 --- Existing Driveway . - - - - -129.37-- 20,294 SF TOTAL LOT AREA 10.214 SF AVAILABLE BUILDING AREA INSIDE 40' SElBACK 5.575 SF LANDSCAPE AREA- 27.4" OF lOT AREA w 0 ~ . . ~ ,. P ARl<ING ONE SPACE /250 S.F. 5870 S.F. = 23 REOUIRED 23 SPACES AVAILABLE SIT E P L HERITAGE PERSONAL TRAINING A N &001(11 W.KRlY AlCHITECT INC. ... ...,. ...,. .,...,... 'I\.U..l,~.'.' 1.l,t~..~,.'" SITE PLAN of PROPOSED PROJECT VARIANCE CASE # A-02-006 View from Glade Creek and Glade Intersection looking to north side of Albertson's View from Glade across Glade Creek Intersection looking to subject tract SELECTED SITE PHOTOGRAPHS ZBA VARIANCE CASE # A-02-006 View from City Garage Parking Lot across <new) Glade Rd. View from City Garage Parking Lot looking to Glade Creek and Glade Intersection SELECTED SITE PHOTOGRAPHS ZBA VARIANCE CASE # A-02-006 ...o~o ,. I"'_~~ SCt'lOO\.. .,. ~ 1 ...... . r ^<6 I ~\~ ,v.!J-~Q ?q J.~\ ,,',1v"- - Ot-SOt-! ~f) ~ a- .:.. · :U~"t...,.~ ~~ . ~ ..~ . :>A- 12 ,~ "CC-2 w/SUP I . 'aJcohol sales) " , if. / ., ...- 0-96-1044 E ~~ .,~ '- 1 \..V"O ~~ V~ .~ ~. )Y 1 5.!D . -3 I" (.e:" 2- -~ ..;...;;...~.'"-..._--_._-_. >Ill .'JU. PAR" TER eEN AOoN ~ ..:.. · 21 ~ .- .,.{~tJ .n{S' "{ . J. sufl275 ~- . ., l .H\of'" l 1 I' . "'- - , n'lo .. ZONING DISTRICT MAP - 817 GLADE RD. VARIANCE CASE # A-02-006 :.71;1IC! , ,.7Iaci: ILl ..J 11" . , I I f" 411I11111 ; . .7W IICI . , 1 , , , ~lR 4111"'_ ,.7W1IC 111 . UJ , ~ - I .... , em 411I1.- ~ 1.7IAC 0 , , , > ~ .... .../ . 5 u - f, : l,.OO'" : J. \J~"E 'i · 5 q3E ~- 3~ 411I -, , , , TR .IIll11i _ : .13 IIC · TIl 411 .. 3 AC E OGE~ ~ j(R u AOON # II 4 : . ,TR 411I1114 , .nAC, , . . TIl 4111113 . 7'1 ac 3 r 1..125 . . - . : TR ~IIIIII2 T" 411111 I lR 411' 1.58 .7AC AC . .!II ,AC , 2 J " . 7 JO cAROL AGE vl~ I" 7..5"Z. 411 ......14. /'...- & 1.?A~ a: Q. I; . > ., LOCATION MAP and AREA of NOTIFICATION ZBA VARIANCE CASE # A-02-006 Heritage Personal Training Inc. 1208 Crest Drive Colleyville. Texas 76034 Rachelle Lismosnero 5110 Heritage Road Colleyville, Texas 76034 Albertsons Inc. P.O. Box 20 Boise< 10 83726 Praedium Centennial Assoc. 11 Madison Avenue New York, NY 10010 John Vandergriff 5317 Bluebonnet Road Colleyville. Texas 76034 Zell Three Inc. 9400 S. Dadeland Blvd. PH 1 Miami, FL 33156 La Plaza Wellness Center Inc. 800 Village Park Drive, Ste A Colleyville, Texas 76034 Estates of Village Park Inc. 1905 Industrial Blvd. Colleyville, Texas 76034 James McElroy 4925 Lakewood Drive Colleyville, Texas 76034 Jerry & Barbara Lonon 4928 Lakewood Drive Colleyville, Texas 76034 Marin & Evelyn Poslick 4932 Lakewood Drive Colleyville. Texas 76034 Larry & Marilyn Ford 4936 Lakewood Drive Colleyville, Texas 76034 Michael & Robin Dees 4940 Lakewood Drive Colleyville, Texas 76034 Anand & Lisa Alloju 1124 Wingate Drive Bedford, TX 76021 LIST of NOTIFIED PROPERTY OWNERS ZBA VARIANCE CASE # A-02-006