Item 6 - ZBA22-000313 CITY OF
SOUTHLAI<,.-E
Department of Planning & Development Services
STAFF REPORT
April 14, 2022
CASE NO: ZBA22-0003
PROJECT: 1100 Merlot Drive Variance to Side and Rear Yard Setbacks
EXECUTIVE
SUMMARY: Robert Leeper, on behalf of Wesley Elden, is 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, and Sections 15.1 and 14.5.d requiring a rear yard of
not less than forty (40) feet on property described as Lot 8, Block 6, Versailles
Addition Phase III, an addition to the City of Southlake, Tarrant County, Texas, and
located at 1100 Merlot Drive, Southlake, Tarrant County, Texas. Current Zoning: "SF-
2013" — 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 10', and Sections 15.1 and
14.5.d requiring a rear yard of not less than forty (40) feet to allow a rear yard
setback of approximately 25'. Both variances are sought to permit an addition to
the principal residence.
ACTION NEEDED: 1) Conduct a public hearing.
2) Consider approval of the requested Variances.
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Variance Application
(D) Plans and Support Information
(E) Surrounding Property Owners Map and Responses
STAFF CONTACT: Reagan Rothenberger (817) 748-8602
Dennis Killough (817) 748-8072
Case No.
ZBA22-0003
OWNER/
APPLICANT:
BACKGROUND INFORMATION
Wesley Elden
PROPERTY SITUATION: 1100 Merlot Drive
LEGAL DESCRIPTION: Lot 8, Block 6, Versailles Phase III Addition
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: SF-20B — Single Family Residential District
HISTORY: - A Final Plat (ZA99-097) for Versailles Addition Ph. III was approved
November 18, 1999.
- A principal residence with approximately 3,418 square feet of livable floor
area was built in 2000 (Source: TAD).
- The property was annexed into the City in 1958.
- 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
the neighborhood or otherwise detrimental to the public welfare.
Case No.
ZBA22-0003
Attachment A
Page 1
Vicinity
Map
1100 Merlolt Drive
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Case No.
ZBA22-0003
Attachment B
Page 1
VARIANCE APPLICATION
SOUTHLAKE
PLANNING & DEVELOPMENT
SERVICES
ZONING BOARD OF ADJUSTMENT
VARIANCE APPLICATION
1400 Main Street, Suite 310
Southlake, TX 76092
Phone: (817) 748-8069
ZBA CASE NO.
FILING FEE: $305.00
Location of Application: (address/legal description)
i I M.r-r(o + . `Jo to l c tc fix. `760q_q,
Vc r'34-', I f1Cs Pk._ZUZ-
Own er: Applicant (iti eren an owner): - -1
rT____ Address:
01 f- 51 _
Telephone rr Irv' �v Telep a �e:gq,�
Email: Email:
State the SPECIFIC PROVISION of the zoning ordinance for which you are requesting a
variance. (You may give the Section number and paragraph, OR you may DESCRIBE the
REGULATION / REQUIREMENT.)
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Case No.
ZBA22-0003
Describe EXACTLY HOW, and TO WHAT EXTENT your request will DIFFER from the
REQUIREMENTS of the ordinance, as described ABOVE. (Use REVERSE, or additional sheets
If necessary ..... ,
ly
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In order for your request to be granted, the concurring vote of four (4) members of the Board of
Adjustment voting in favor of the request shall be necessary.
In order for the Board members to vote in support of your application, you must prove several
things by your application.
Your application must clearly show that your property has UNIQUE CONDITIONS and
CIRCUMSTANCES which separate it from other typical properties with the same zoning; and
explain how these unique conditions and circumstances make it UNREASONABLE or UNFAIR
to apply the STANDARD ordinance requirements to YOUR property, unlike the way they are
applied to all other properties.
Describe the CONDITIONS and CIRCUMSTANCES which are UNIQUE to your property and
situation:
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................................................... . ............... .
Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR
to apply the STANDARD ordinance requirements to your property:
Case No.
ZBA22-0003
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Additionally, in order for the Board members to vote in support of your application it must be
shown that the unique conditions and circumstances which you have described are NOT the
result of your own actions. (Actions taken by previous owners and actions taken by your agents
can be construed as "Your actions.")
Can you explain how the unique conditions and circumstances affecting your property came to
be, AND SHOW that they ARE NOT the result of YOUR OWN ACTIONS:
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Furthermore, the Board must be satisfied that the variance you are requesting is the MINIMUM
deviation from the terms of the ordinance NECESSARY to OVERCOME the unique conditions
and circumstances which you have described.
Explain how your proposal is the MINIMUM manner by which the unique conditions and
circumstances described can be overcome:
Case No.
ZBA22-0003
3
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Also, the Board must be convinced that granting such a variance would not constitute an
UNFAIR GRANT OF SPECIAL PRIVILEGE to you, granting privileges that are otherwise denied
by the ordinance.
In other words, why would granting this variance be ONLY FAIR, and NOT MORE THAN FAIR,
to you, since others are prevented From doing what you are requesting:
r
Finally, the Board must be certain your request is in harmony with the public welfare, and will
not in any way be injurious or detrimental to your neighbors and their property rights.
EXPIRATION OF GRANTED REQUEST.
ZONING BOARD OF ADJUSTMENT RULES OF PROCEDURE, Section 7.1
Any special exception or variance granted or authorized by the Board shall authorize the
issuance of a building permit and/or a Certificate of Occupancy, as the case may be, for a
period of one year from the date of the favorable action of the Board unless said Board shall
have in its action approved a different period of time and has so shown such specific period of
Case No.
ZBA22-0003
a
time in the minutes of its action. If the building permit and/or Certificate of Occupancy shall not
have been applied for within said one year period or such extended period as the Board may
have specifically granted, then the special exception or variance shall be deemed to have been
waived and all rights thereunder terminated. All applications for a request which have been
denied shall be deemed to be denied with prejudice unless stated otherwise in the Board's
written decision.
YOUR RIGHTS TO APPEAL THE BOARD'S DECISION.
LOCAL GOVERNMENT CODE, Section 211.011
Any of the following persons may present to a court of record a verified petition stating that the
decision of the board of adjustment is illegal in whole or in part and specifying the grounds of
the illegality: (1) a person aggrieved by a decision of the board; (2) a taxpayer; or (3) an officer,
department, board, or bureau of the municipality.
The petition must be presented within ten days after the date the decision is filed in the board's
office.
Signature of Owner or Authorized Agent: Date: �✓ ��
Case No.
ZBA22-0003
5
PROPERTY OWNER ACKNOWLEDGEMENTS
Notarized signature of all owners is mandatory.
Use additional sheets if necessary.
Property Ownership Acknowledgement: As awger of the property described in this application, I understand that my property is
being considered for ance. ---------
Si nature of Ow J Date �sm./ �
Owner's Name (Typed or Printed)
Notary Acknowledgement. Before me, the undersigned authority, on this day personally appeared L^, t.' S ify `i eot
known to me to be the person whose name is subscribed to the above and foregoing instrument, and knowledge to me that he/she
executed the same for the purposes and consideration expressed and in the capacity therein stated.
Given under my hand and seal of office on this the 1 �' day of %��' G`� 20 Z_L—
t511111
z22G4�JJ •'RY n��,� L4GAN ALEX EBY
Note Iic In an For Texas cr * °(:S Notary Public, State of Texas
- r? Comm. Expires 11-01-2025
y commission expires the l I /p 1 / day of _ 20 '^% ei `:��� Notary ID 133423629
111111
Agent Authorization (if applicable)
Agent Authorization: I, �rr r � D � !y, owner of the aforementioned property do hereby certify that I have
given my permission to_�i764 -� �—125, to act as my agent for this variance request.
Signature of OwnEc ''G✓ Date 3 1 47�
Owner's Name (Typed or Printed)
Notary Acknowledgement. Before me, the undersigned authority, on this day personally appeared _�-�AV4 I Ja-N
known to me to be the person whose name is subscribed to the above and foregoing instrument, and knowledge to me that he/she
executed the same for the purposes and consideration expressed and in the capacity therein stated.
Given under my hand and seal of office on this the _ (� h_ day of _�" A—v i ` 20 Z
otary Public In and For Texas
My commission expires the �i�olB9+�z v day of 20 Z-� 11 P� LOGAN ALEX EBY
c�,e"-Notary Public, State of Texas
+`c Comm. Expires 11-01-2025
'o;11or �` Notary ID 133423/29
/1/111.�
Case No.
ZBA22-0003
0
DOG
AERIAL PHOTO
STREET VIEW
1Case No. Attachment D
ZBA22-0003 Page 1
PLOT PLAN
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Case No. Attachment D
ZBA22-0003 Page 2
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FLOOR PLAN
Elden Residence
1100 Merlot Dr.
Southlake, Texas
(2)
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Case No. Attachment D
ZBA22-0003 Page 3
ELEVATIONS
Case No.
ZBA22-0003
IN
Attachment D
Page 4
E I den Res i dence -;rA
q�Y r 9 1100 Merlot Dr. %`��
ill t �;�
_.►�F�r¢E,; g s South lake, Texas ge`Z ti
Case No.
ZBA22-0003
Attachment E
Page 0
Case No.
ZBA22-0003
Attachment E
Page 0
SURROUNDING PROPERTY OWNERS
SPO #
Owner
Zonin
Property Address
Acreage
Response
1.
SANDERS, MELVIN L
SF20B
1202 FOREST HILLS DR
0.503548
NR
2.
TITZE, HANS G
SF20B
1200 FOREST HILLS DR
0.554513
NR
3.
DUYKA, SAMUEL L
SF20B
404 EDGEMONT DR
0.459477
NR
4.
SHABNAM, SABA
SF20B
400 WELLINGTON CT
0.62719
NR
5.
CAYWOOD, HALLIE
SF20B
1009 MERLOT DR
0.466592
NR
6.
THAPA, BAIKUNTHA
SF20B
1012 MERLOT DR
0.471215
NR
7.
KARA, KANDE
SF20A
1203 FOREST HILLS DR
0.48885
NR
8.
ELDEN, WESLEY H
SF20B
1100 MERLOT DR
0.457516
NR
9.
LARSEN, KAYLEE
SF20B
1205 FOREST HILLS DR
0.557695
NR
10.
NGUYEN, JOHN D
SF20B
1104 MERLOT DR
0.451397
NR
11.
VENESS, HERMON
SF20B
402 WELLINGTON Cr
0.594759
NR
12.
KUKKAR, VISHAL
SF20A
1108 MERLOT DR
0.466643
NR
13.
DUTTA, SUDEEP
SF20A
1112 MERLOT DR
0.4929
NR
14.
JOHNSON, DUSTIN
SF20A
404 WELLINGTON CT
0.479201
NR
Case No.
ZBA22-0003
Attachment E
Page 1
15.
NOLAN, RYAN
SF20B
1113 MERLOT DR
0.498834
NR
16.
HANEY, JOSEPH L
SF20B
1117 MERLOT DR
0.449073
NR
17.
WRIGHT, CAROLYN
SF20B
1109 MERLOT DR
0.448123
NR
18.
SIGGAARD, SOEREN
SF20B
1105 MERLOT DR
0.45286
NR
19.
WHITE, CAROL
SF20B
1101 MERLOT DR
0.491811
NR
20.
KIM, DANIEL ETAL
SF20A
1013 MERLOT DR
0.583116
NR
21.
REGALADO, DELMY A
SF20A
1201 FOREST HILLS DR
0.600292
NR
22.
KOTTER, MARK A
SF20B
406 EDGEMONT DR
0.68759
NR
23.
WINTER, ROBERT H
SF20B
1024 MERLOT DR
0.49337
NR
24.
JAMESON, DAVID
SF20A
1020 MERLOT DR
0.541508
NR
25.
SMITH, JEFFREY S
SF20A
1016 MERLOT DR
0.473489
NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Twenty-five (25)
Responses Received: None (0)
Case No. Attachment E
ZBA22-0003 Page 2