Item 5 - ZBA21-0033Case No.
ZBA21-0033
S T A F F R E P O R T
January 7, 2022
CASE NO: ZBA21-0033
PROJECT: 700 Overland Trail Variance to Side Yard Setback
EXECUTIVE
SUMMARY: Shad and Michelle Whiteley are requesting approval of a Variance to Ordinance No.
480, as amended, Sections 15.1 and 14.5.c requiring a side yard of not less than
fifteen (15) feet on property described as Lot 31R, Block 3, Vista Trail Addition, an
addition to the City of Southlake, Tarrant County, Texas, and located at 700 Overland
Trail, Southlake, Tarrant County, Texas. Current Zoning: “SF-20B” – Single Family
Residential District.
REQUEST: The applicant is requesting approval of a Variance to Zoning Ordinance No. 480, as
amended, Sections 15.1 and 14.5.c requiring a side yard of not less than fifteen (15)
feet to allow a side yard setback of approximately 5' 11" for an addition to the principal
residence. A Final Plat (ZA03-025) for Vista Trail Addition, which contains restrictive
covenants, was approved on March 6, 1973 while the property was in the ETJ. The
restrictive covenants state that no building shall be located nearer to the side lot line
than the building setback shown on the plat, and where no building line is shown, no
building shall be located nearer than 5’ to any side lot line. No side lot line is shown on
the subject lot. The principal residence with approximately 2,557 square feet of livable
floor area was built in 1974 (Source: TAD). The property was annexed into the City in
1988 and the “SF-20B” – Single Family Residential District zoning, which requires a
side setback of 15’, was placed on the property with the adoption of Comprehensive
Zoning Ordinance No. 480 and the Official Zoning Map on September 19, 1989.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider approval of a Variance
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Variance Application
(D) Plans and Support Information
(E) Surrounding Property Owners Map and Responses
STAFF CONTACT: Richard Schell (817) 748-8602
Dennis Killough (817) 748-8072
Department of Planning & Development Services
Case No. Attachment A
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BACKGROUND INFORMATION
OWNER/
APPLICANT: Shad and Michelle Whiteley
PROPERTY SITUATION: 700 Overland Trail
LEGAL DESCRIPTION: Lot 31R, Block 3, Vista Trail Addition
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: SF-20B – Single Family Residential District
HISTORY: - A Final Plat (ZA03-025) for Vista Trail Addition, which contains Restrictive
Covenants, was approved March 6, 1973 while the property was in the ETJ.
- The plat of Vista Trail Addition was refiled August 30,1974 to revise Lot 31,
Block 3 and Lot 8, Block 1 to Lot 31R, Block 3 and Lot 8R, Block 1.
- A principal residence with approximately 2,557 square feet of livable floor
area was built in 1974 (Source: TAD).
- The property was annexed into the City in 1988.
- The “SF-20B” – Single Family Residential District zoning was placed on the
property with the adoption of Comprehensive Zoning Ordinance No. 480 and
the Official Zoning Map on September 19, 1989.
STAFF COMMENTS: The Board may grant a variance from the literal enforcement of the zoning
ordinance:
a. Where the spirit of the ordinance is observed and substantial justice is
done;
b. Where the Board finds that granting the variance will not be contrary to
the public interest, and;
c. Where, due to special conditions, a literal enforcement of the
provisions of this ordinance would result in “unnecessary hardship.”
A hardship is considered “unnecessary” where the applicant demonstrates:
1. 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;
2. That the literal interpretation of the provisions of this ordinance
deprives the applicant of rights commonly enjoyed by other properties
in the same district;
3. That the special conditions and circumstances that exist are not the
result of the actions of the applicant;
4. That the granting of this variance does not confer on the applicant any
special privilege that is denied by the zoning ordinance to other lands,
structures or buildings in the same district;
5. That the reasons stated in the application justify granting the variance
and that the variance will be the minimum necessary to make possible
the reasonable use of the land, building or structure, and
6. That the granting of the variance will be in harmony with the general
purpose and intent of the zoning ordinance and will not be injurious to
Case No. Attachment A
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the neighborhood or otherwise detrimental to the public welfare.
Case No. Attachment B
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Case No. Attachment C
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VARIANCE APPLICATION
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Case No. Attachment D
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AERIAL PHOTO
STREET VIEW
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EXISTING SURVEY
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PLOT PLAN
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FLOOR PLAN
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ELEVATIONS
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ROOF PLAN
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DRAINAGE PLAN
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SURROUNDING PROPERTY OWNERS
SPO # Owner Zoning Property Address Acreage Response
1. HUGHES, KAILEE MARIE SF20B 713 OVERLAND TRL 0.47 NR
2. MCDONALD, JACK SF20B 712 OVERLAND TRL 0.57 NR
3. GOODRICH, GLENN SF20B 709 OVERLAND TRL 0.49 NR
4. JAMES, CHRISTIE LYNN SF20B 708 CIMARRON TRL 0.48 NR
5. RUSSELL, JAMES W SF20B 705 OVERLAND TRL 0.45 NR
6. REDINGER, CLAYTON SF20B 704 CIMARRON TRL 0.45 NR
7. KIBBEE, CRISTON M SF20A 2906 KNIGHT CT 0.47 NR
8. JASTI, DIVYALAKSHMI SF20B 700 CIMARRON TRL 0.51 NR
9. JOHNSON, KATHERINE SF20B 701 OVERLAND TRL 0.51 NR
10. WHITELEY, SHAD SF20B 700 OVERLAND TRL 0.59 NR
11. HOUSEL, ANNMARIE SF20B 628 OVERLAND TRL 0.64 NR
12. CAMPBELL, RYAN SF20A 2905 KNIGHT CT 0.63 NR
13. WESTERLUND, RICHARD SF20A 2901 KNIGHT CT 0.47 NR
14. MORRISON, LAUREN SF20A 2903 KNIGHT CT 0.46 NR
15. GRIFFIS, KARL D SF20B 628 CIMARRON TRL 0.57 NR
16. HENLEY, LARRY M SF20B 629 OVERLAND TRL 0.56 NR
17. STEWART, DELORIS SF20B 624 CIMARRON TRL 0.53 NR
18. LORIMAR, JAMES W SF20B 625 OVERLAND TRL 0.52 NR
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19. EDWARDS, DOROTHY SF20B 624 OVERLAND TRL 0.54 NR
20. TALLY, LARRY SF20A 2902 YORKSHIRE CT 0.47 NR
21. HOBBS, DANE SF20A 2904 YORKSHIRE CT 0.62 NR
22. MILLS, JIM TOM SF20B 621 OVERLAND TRL 0.50 NR
23. MIDDLETON, BRIAN S SF20B 620 OVERLAND TRL 0.52 NR
24. PULLIN, FRED SF20A 2906 YORKSHIRE CT 0.51 NR
25. BEI 2008 FAMILY TRUST SF20A 2904 KNIGHT CT 0.64 NR
26. THIELEMAN, NANCY J SF20B 704 OVERLAND TRL 0.48 NR
27. WEST, SHANNON SF20A 2902 KNIGHT CT 0.48 NR
28. SMITH, RONNIE MH 2927 SUTTON PL 0.45 NR
29. DAVID AND MARIE MCKINLEY FAMIL MH 2924 SUTTON PL 0.34 NR
30. SETTLES, DAVID JAMES SF20B 708 OVERLAND TRL 0.64 NR
31. DAVID AND MARIE MCKINLEY FAMIL MH 2926 SUTTON PL 0.38 NR
32. FREDERICKSON, JEFFREY MH 2922 SUTTON PL 0.36 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Thirty-one (31)
Responses Received: None (0)