Item 6B - SPIN2019-18 - Accessory Structures
SPIN MEETING REPORT
SPIN Item Number: SPIN2019-18
City Case Numbers: Ord. No. 480-ZZZZ
Project Name: Amendment to City of Southlake Zoning Ordinance
SPIN Neighborhoods: City-wide
Meeting Date: March 14, 2019
Meeting Location: 1400 Main Street, Southlake, TX
City Council Chambers
Total Attendance: 8
Host: Vikram Jangam, Community Engagement Committee
Applicants Presenting: Dennis Killough: (817) 748-8621
Email: dkillough@ci.southlake.tx.us
City Staff Present: Madeline Oujesky, Assistant to the Director
Presentation begins: 6:26 pm Presentation ends: 6:55 pm
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FORUM SUMMARY:
Details: The City of Southlake is proposing an amendment to the zoning ordinance, No. 480, as
amended, to provide flexibility for residential accessory buildings and family quarters.
Recent demographic changes with growing 65+ population; Southlake has seen more requests
for detached living units for aging family members to reside on property with adult children.
Market trends show that Southlake residents like outdoor living spaces, pool cabanas, detached
garages and the like for additional space or storage. There has been an increase in the amount
of cases that attend Zoning Board of Adjustment (ZBA) requesting to go over the permitted size
for accessory structures on the property.
The proposed amendment to the zoning ordinance intends to address both trends.
Terminology
• Accessory Dwelling Unit (Family Quarters)
o Independent living units that provide sleeping, bathroom and kitchens that are
subordinate to the principal residential home on the property
o Three common types: internal to the principal residence, attached to the principal
residence and detached from the principal residence.
• Accessory Buildings
o Includes cabanas, pool houses, gazebos, barns, sheds, outdoor kitchens,
pergolas, storage buildings, attached garages, etc.
Accessory Dwelling Unit (Family Quarters) Current Regulations:
Permitted only in certain zoning districts (RE, SF-1, SF-2, AG, SF-30)
Limitations on maximum amount of living space that can be provided
Requires Board of Adjustment approval, called a Special Exception Use
Accessory Building Current Regulations:
Set limit on the amount of area that a structure having a water-shedding roof can cover on the
lot, dependent on district where the homeowner resides → relief valve = ZBA for a Special
Exception Use
Amendments
Family Quarters
• Remove floor area restrictions from Family Quarters (i.e. exempt detached family
quarters from the maximum permitted accessory floor area)
• Remove Special Exception Use (SEU) requirement for internal/attached family quarters.
Accessory Building
• Detached Garages – exempt up to 1,000 sq. ft. of area for a detached garage from the
cumulative total that is allowed on each lot
• Allow an accessory building forward of the principal building as a Special Exception Use
(go before ZBA and undergo public hearing)
Presentation:
Questions and Concerns:
Comment: In the process of building new home on an 8-acre lot that would be precluded under
the current regulations. Curious about this situation and concerned about structures being
forward of the existing building.
There is an existing family home on the property and we would build forward of that existing
home, so this would fall under the proposed changes you are making.
Answer: To clarify, there is an existing home on the property and you are ready to build a new
home forward of the existing home, and the existing home is to remain as a family quarter?
Comment: Correct.
Answer: Yes, this amendment would ensure that home could remain. Depending on the size of
the home, a Special Exception Use permit would be required from the Zoning Board of
Adjustment for the existing home to remain.
Question: There appears to be no restriction on the size of the lot, as opposed to saying this is
appropriate for all circumstances.
Answer: The proposal does not change the zoning districts that allow the request to be made
for SEU or the use by-right.
Question: Do the proposed changes address the Homeowners Association (HOA)?
Answer: No, it would not. The city cannot enforce or impact a set of restrictions that a property
may have, that is a private agreement.
Comment: Depending on where you’re currently located, the proposed amendments will have
an impact on the ability for homeowners to carry out these kinds of developments going forward.
Answer: Yes, as of now the zoning ordinance allows SF-1 districts, SF-30 districts, SF-2
districts, Residential Estates districts and Agricultural districts to make that request. We are not
currently proposing to change the districts that can have these types of developments.
Although, as part of the evolution process and what our P&Z Commissioners and City Council
members would like to do, this could change.
Comment: On our 8-acre property there is 1-acre that is designated as the homestead and the
remaining acreage is agricultural.
Answer: That designation is driven by the county. The city’s zoning classification is different
from the county’s designation. An 8-acre lot is just that from the city’s view and I’m unsure what
zoning classification the city has designated for this property, but if it is agriculturally zoned (or
one of the SF-1, SF-2, SF-30 or Residential Estate districts) then you would be permitted to
make a Special Exception Use request for the family quarter or family dwelling unit.
Question: What about rental potential for these properties? Are there any restrictions for that?
How would you enforce that?
Answer: The current regulations prohibit rental abilities for these units. These developments
must be a living unit for a family member or domestic employee of the residence. Regarding
enforcement, it begins with an investigation or concern that is raised or obvious signs of
evidence present. Our code enforcement officers can investigate and address the violation.
Question: So, these units cannot become an Airbnb?
Answer: Correct, our city code currently prohibits those.
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official
meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and
the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are
strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council.
Southlake Connect Results for the May 14, 2019 SPIN Town Hall Forum