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Item 10 - ZBA22-0001Case No. ZBA22-0001 S T A F F R E P O R T March 4, 2022 CASE NO: ZBA22-0001 PROJECT: 615 Brewer Road Variance for Fence Height EXECUTIVE SUMMARY: Samuel Wiford is requesting approval of a Variance to Zoning Ordinance No. 480, as amended, Section 39.1 requiring a fence not exceed eight (8) feet in height on property described as Lot 3, Block 1, Brewer Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 615 Brewer Road, Southlake, Tarrant County, Texas. Current Zoning: “SF-1B” – Single Family Residential District. REQUEST: The applicant is requesting approval of a Variance to Zoning Ordinance No. 480, as amended, Section 39.1, requiring a fence not exceed eight (8) feet in height. The applicant is requesting permission to permit a fence that is approximately (9) nine feet height. The request is being made retroactively, as the fence was constructed prior to a permit being issued. The applicant contends that due to topography changes on both the subject and surrounding properties, as well as the public uses found on a neighboring property, unsightly aesthetic aspects would be better buffered by such a fence. ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Variance ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Variance Application & Support (D) Survey (E) Surrounding Property Owners Map and Responses STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Dennis Killough (817) 748-8072 Department of Planning & Development Services Case No. Attachment A ZBA22-0001 Page 1 BACKGROUND INFORMATION OWNER/ APPLICANT: Samuel Timothy Wiford II PROPERTY SITUATION: 615 Brewer Road LEGAL DESCRIPTION: Lot 3, Block 1, Brewer Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: SF-1B – Single Family Residential District HISTORY: - The property was annexed in 1988. - A Final Plat for the Brewer Addition was approved May 15, 1990. The zoning on the property at that time was SF-1B. - The “SF-1B” – Single Family Residential District zoning was placed on the property with the adoption of Ordinance No. 480-16 and the Official Zoning Map on April 17, 1990. - A principal residence with approximately 3,980 square feet of livable floor area was built in 2001 (Source: TAD). An additional accessory structure was completed in 2010, which increased the total living space on the site to approximately 6,773 square feet. - On June 25, 2009, the ZBA approved a variance request to Zoning Ordinance No. 480, Section 11.5(c) to permit an accessory building to encroach within the south yard setback. This building was completed in April of 2010. - On July 30, 2009, the ZBA approved an application for a Special Exception Use Permit per Ordinance No. 480, Section 44.12(1) for a family quarters. The family quarters were combined with the above referenced accessory building. 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 Case No. Attachment A ZBA22-0001 Page 2 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 the neighborhood or otherwise detrimental to the public welfare. Case No. Attachment B ZBA22-0001 Page 1 Case No. ZBA22-0001 Attachment C Page 1 Case No. ZBA22-0001 Attachment C Page 2 Case No. ZBA22-0001 Attachment C Page 3 Case No. ZBA22-0001 Attachment C Page 4 Case No. ZBA22-0001 Attachment C Page 5 Case No. ZBA22-0001 Attachment C Page 6 Case No. ZBA22-0001 Attachment C Page 7 Case No. ZBA22-0001 Attachment C Page 8 Case No. ZBA22-0001 Attachment C Page 9 Case No. ZBA22-0001 Attachment C Page 10 Case No. ZBA22-0001 Attachment C Page 11 Case No. ZBA22-0001 Attachment C Page 12 Case No. ZBA22-0001 Attachment C Page 13 Case No. ZBA22-0001 Attachment C Page 14 Case No. ZBA22-0001 Attachment C Page 15 Case No. ZBA22-0001 Attachment C Page 16 Case No. ZBA22-0001 Attachment C Page 17 Case No. ZBA22-0001 Attachment C Page 18 Case No. ZBA22-0001 Attachment C Page 19 Case No. ZBA22-0001 Attachment C Page 20 Case No. ZBA22-0001 Attachment C Page 21 Case No. ZBA22-0001 Attachment C Page 22 Case No. ZBA22-0001 Attachment C Page 23 Case No. ZBA22-0001 Attachment C Page 24 Case No. ZBA22-0001 Attachment C Page 25 Case No. ZBA22-0001 Attachment C Page 26 Case No. ZBA22-0001 Attachment C Page 27 Case No. Attachment D ZBA22-0001 Page 1 SURVEY Case No. Attachment E ZBA22-0001 Page 1 SURROUNDING PROPERTY OWNERS & RESPONSES SPO #Owner Zoning Property Address Acreage Response 1 STOEPPEL, WILLIAM SF1-A 2775 FLORENCE RD 1.28 NR 2 NAIR, SREEKUMARAN SF1-A 2755 FLORENCE RD 4.98 NR 3 FELIX, WANDA MH 2915 SUTTON PL 0.44 NR 4 CONN, GWENDOLYN B MH 2913 SUTTON PL 0.41 NR 5 ANALOVITCH, JAY MH 2909 SUTTON PL 0.37 NR 6 SOUTHLAKE, CITY OF MH 2911 SUTTON PL 0.38 NR 7 TRUITT, THOMAS W MH 2907 SUTTON PL 0.39 NR 8 MILLER, HARVEY D MH 2919 SUTTON PL 0.42 NR 9 RAPP, WESLEY S MH 2921 SUTTON PL 0.41 NR 10 MILLER, HARVEY MH 2917 SUTTON PL 0.40 NR 11 WEBB, WILLIAM SF1-A 2801 FLORENCE RD 3.26 NR 12 SOUTHLAKE, CITY OF CS 635 BREWER RD 4.96 NR 13 WILKES, RICHARD M SF1-B 605 BREWER RD 1.01 NR 14 DINSMORE, BARRY SF1-B 2903 FLORENCE RD 2.92 NR 15 MAXWELL, CHAD SF1-B 2839 FLORENCE RD 1.64 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirteen (13) Responses Received: None (0)