City of Bedford
Planning & Zoning Department
Variance / Special Exception
Application Packet
For the
Zoning Board of Adjustment
Variance / Special Exception
Application
APPLICATION TYPE PLEASE CHECK THE APPROPRIATE BOX BELOW.
PROPERTY INFORMATION
Project Name:
Project Address (Location):
Legal Description:
Proposed Number of Lots: __ Gross Acres: Neighborhood District:
Existing Zoning: Proposed Zoning:
Existing Use: _______ Proposed Use:
Application Requirements: The applicant is required to submit sufficient information that describes and justifies the proposal.
See appropriate checklist and fee schedule for minimum requirements. Incomplete applications will not be processed.
APPLICANT
OWNER INFORMATION
Applicant: Company:
Address: Tel: Fax:
City: State: ZIP: Email:
Applicant’s Status:
(check one) Owner Representative Tenant Prospective Buyer
Property Owner: Company:
Address: Tel: Fax:
City: State: ZIP: Email:
Ownership Status: (check one) Individual Trust Partnership Corporation
SUBMITTAL CALENDAR - 2010
City of Colleyville
100 Main Street
Colleyville TX 76034
817.503.1050
Variance
SIGNATURE OF APPLICANT (SIGN AND PRINT OR TYPE NAME)
SIGNATURE: Date:
SIGNATURE OF PRO
PERTY OWNER (SIGN AND PRINT OR TYPE NAME)
SIGNATURE:
(Letter of authorization required if signature is other than property owner)
The property owner must
sign the application or submit a notarized letter of authorization.
Rev: 02/17
For Departmental Use Only
Case #:
Total Fee(s):
Receipt #:
Date Submitted:
Accepted By:
Public Hearing Date:
Special Exception
City of
Bedford
2000
Forest
Ridge
Dr.
Bedford,
TX
76021
817.
952.2105
click to sign
signature
click to edit
click to sign
signature
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City of Bedford
2000 Forest Ridge Dr.
Bedford, TX 76021
817.952.2105
REQUEST INFORMATION
Please answer the following questions as completely as possible. Failure to outline fully the situation by
answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be
attached if necessary.
Have you applied for a building permit? Yes No
Have you filed an appeal or petition on this property before? No Yes
1. Completely describe the variance / special exception you are requesting:
2. Do similar conditions exist in the area? Explain:
3. Describe how the unique conditions or circumstances do not result from your actions:
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 Planning & Zoning
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 Board’s action does not constitute the approval of a building permit.
Applicant’s Initials Date
Variance / Special Exception
Application
Variance / Special Exception
Application
APPLICATION SUBMITTAL REQUIREMENTS
Variance Request
Application fee: The Variance / Special Exception application fee is $100.00, non-refundable
Site plan, drawn to scale, showing all lot dimensions and all existing or propos
ed improvements to the lot
Ten (10) copies of all supporting documents:
Statement of Planning Objectives
(11” x 17”) of the site plan
Site / Plot Plan showing the Variance (36" x 24" folded to size 8 1/2" x 11'')
Any additional documents
One (1) electronic copy (PDF) of a
ll supporting documents
Special Exception Request
Completed application form and application fee
Ten (10) copies of site plan(s), drawn to scale, showing all lot dimensions and all existing or proposed improvements to
the lot
A written statement from the applicant describing how all conditions of the Bedford Development Code have been or
will be met: Copies of STATEMENT OF PLANNING OBJECTIVES, DEVELOPMENT SCHEDULE, PROPOSED OWNERSHIP,
UTILITY PROVISIONS, ECONOMIC DEVELOPMENT, and TRAFFIC IMPACT ANALYSIS (If required)
One (1) electronic copy (PDF) of all supporting documents
GENERAL INFORMATION
Jurisdiction - The Zoning Board of Adjustment’s powers and a
uthority are vested in Section 2
11 of the
Texas L
ocal
Government
Code,
the City
of
Bedford Development
Code,
and
the Board’s Rules of Procedure. The Board may
only decide issues authorized by Chapter 6 of the City of Bedford Development Code, or in other areas where it is
given specific authority.
Structure - The Board consists of 5 regular members and 2 alternate members, appointed by
the City Council. The
Board is a quasi-judicial body and does not have the authority to amend ordinances or create new laws.
Meetings - The Board meets on the third Wednesday of each month at 6:30 p.m., as needed, in the City Council
Chambers at City Hall.
City of
Bedford
2000
Forest Ridge Dr.
Bedford, TX 76021
817.952.2105
TYPES OF REQUESTS
Variance Request - The Board may authorize a variance from the specific terms of the Bedford Development Code
when the literal enforcement of the ordinance would result in an unnecessary hardship or practical difficulty in the
development of a specific property. Variances
may not be granted to serve as a convenience or to relieve a financial
hardship.
Special Exception Request - The Board may authorize a special exception land use where allowed by the Bedford
Development Code.
See Chapter 6 - Procedures and Zoning Board of Adjustment of the City of Bedford Development Code for complete information.
Application Fee: The Special Exception application fee is $100.00, non-refundable
INSTRUCTIONS
1.
Application Procedure - Applicants shall submit a written application to the Planning & Zoning
Department using the form included in this packet. Detailed submittal requirements for each type of application
are contained in this packet.
A filing fee established by the City Council shall accompany every application. The amount of the fee is based on
the actual cost of processing the application by the City. The application fee for a variance or special exception is
$100.00.
2.
Stay of Proceedings - An appeal stays all proceedings of the action appealed from unless the Administrative
Official, after the notice of appeal has been filed, certifies in writing to the Board that a stay would cause
imminent peril to life
or property. In such cases, proceedings shall only be stayed by a restraining order
granted by the Board or by a court of record.
3. Notice of Hearing - Official written notice of public hearing on every application for a variance or for an
interpretation of regulations applying solely to an individual property are sent to all owners of real property lying
within two hundred feet of the property on which the variance is requested. The notice of hearing is mailed to
each property owner as the ownership appears on the last approved city tax roll. The notice will state the date,
time and place of the hearing, and the nature of the subject to be considered.
4.
Public Hearing Procedure - Public hearings are required for all requests for variances or permits for
nonconforming uses or structures. Upon submittal of the application, the Planning & Zoning Department will
schedule the application for public hearing before the Zoning Board of Adjustment. The public hearings
provide an opportunity for the Board to hear from appellants; examine evidence; question the appellant, city staff,
or any witnesses; or seek additional information. At the public hearing, the applicant, all proponents and all
opponents will be given the opportunity to speak about the proposal. After completion of the public hearing, the
Zoning Board of Adjustment will discuss the merits of the case and render a decision.
5.
Decision and Voting - Every decision of the Board must be based upon findings of fact and detailed in the rec
ord
of
the
meeting.
The
standards
for consideration of a variance request are detailed in Chapter 6 of the
Bedford Development Code. The affirmative vote of four members is necessary in order for a request to be
approved. A 3-2 vote in favor of the request is not considered approval of the request.
6. Approval of Request - In approving any request, the Board may establish conditions, including time limits, in
order to secure substantially the objectives of the regulation or provision to which such variance is granted and to
provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted.
When necessary the Board may require guarantees, in the form as it deems proper, to insure that conditions
designated are being or will be complied with.
7. Denial of Request - No appeal or application that has been denied shall be further considered by the Board,
unless the Board affirmatively finds: that new plans materially change the nature of the request, or the
permitted development of other nearby property in the same zone has been substantially altered or changed by a
ruling of the Board so as to support an allegation of changed conditions.
8.
Appeal of Board Actions - A decision of the Board of Adjustment may
only be appealed to district court or
court of jurisdiction. The petition setting forth that such decision is illegal, in whole or in part, must specify the
grounds of such illegality. The petition must be presented to the court within thirty days of the Board’s decision.
The City Council does not have the authority to review a decision of the Zoning Board of Adjustment.
CONDITIONS GOVERNING APPLICATIONS
Listed below are the criteria upon which the Board must base its decision:
VARIANCES
Section 6.5.C of the City of Bedford Development Code
The Zoning Board of Adjustment may authorize upon appeal in specific cases such variance from the
terms
of this ordinance as will not be contrary to the public interest where, owing to special conditions, a
literal
enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance
from the
terms of this ordinance shall not be granted by the Zoning Board of Adjustment unless and until:
1.
A written application for a variance is submitted demonstrating:
a.
That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures, or buildings in the
same
district;
b.
That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights
commonly enjoyed by other properties in the same district under the terms of this
ordinance;
c.
That the special conditions and circumstances do not result from the actions of the applicant;
d.
That granting the variance requested will not confer on the applicant any special privilege that
is
denied by this ordinance to other lands, structures, or buildings in the same district;
e.
No nonconforming use of neighboring lands, structures, or buildings in the same district, and
no
permitted or nonconforming use of lands, structures, or buildings in other districts shall be
considered grounds for the issuance of a variance.
SPECIAL EXCEPTIONS
Section 6.5.B of the City of Bedford Development Code
A special exception shall not be granted by the Board of Adjustment unless and until:
1.
A written application for a special exception is submitted indicating the section of this ordinance under
which the special exception is sought and stating the grounds on which it is required.
2.
Notice shall be given at least fifteen (15) days in advance of public hearing. The owner of the property for
which special exception is sought or his agent shall be notified by certified mail. Notice of such hearings
shall be posted at the City Hall; and one time in the official publication of the City, stating the time, place
and nature of such hearing, at least fifteen (15) days prior to the public hearing. All property owners within
two hundred (200) feet of the property shall be notified by mail not less than fifteen (15) days prior to the
date of the public hearing.
3.
The public hearing shall be held. Any party may appear in person, or by an agent or attorney.
4.
The Zoning Board of Adjustment shall make a finding that it is empowered to grant the special exception,
and that the granting of the special exception will not adversely affect the public interest.
5.
In granting a special exception, the Zoning Board of Adjustment may also prescribe a time limit for which
the special exception may continue. Failure to comply with this requirement stipulated by the Board shall
void the special exception permit issued.
6.
Violation of any reasonable provisions, conditions and safeguards that are made a part of the terms under
which the special exception permit granted shall be deemed in violation of this ordinance and punishable
under the penalty section of this Development Code.
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