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Item 5 - ZBA22-0004 - Final MemoCITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT April 28, 2022 CASE NO: ZBA22-0004 PROJECT: 1559 Sunshine Lane Variance for Fence Height EXECUTIVE David Joyner is requesting approval of a Variance to Zoning Ordinance No. 480, as SUMMARY: amended, Section 39.1 requiring a fence not exceed eight (8) feet in height on property described as Lot 26, F. Throop No. 1511 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 1559 Sunshine Lane, Southlake, Tarrant County, Texas. Current Zoning: "SF-1 A" — 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 along a certain portion of his property. The applicant contends that efforts to increase privacy in their rear yard have not been successful, and due to the characteristics of the neighboring lot and home, the applicant seeks this variance. ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Variance ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Survey (D) Variance Application & Support (E) Surrounding Property Owners Map and Responses STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Dennis Killough (817) 748-8072 Case No. ZBA22-0004 OWN ER/ APPLICANT: BACKGROUND INFORMATION David Joyner PROPERTY SITUATION: 1559 Sunshine Lane LEGAL DESCRIPTION: Lot 26, F. Throop No. 1511 Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: SF-1A — Single Family Residential District HISTORY: - The property was annexed in 1957. - A Final Plat for the subject property was approved June 28, 2007. The zoning on the property at that time was SF-1A. - The "SF-1A" — 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 6,000 square feet of livable floor area was built in 2007. An additional accessory structure was completed in 2016. 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. Attachment A ZBA22-0004 Page 1 Vicinity Map 1559 Sunshine Lane R 1717 o u 1 aJ r T 0 o O 7� r BLN— m 1609 1613 1617 1621 h� 0 0 o _ ri w r m � w r m A � A cp o m r w m o �n a m w� �n co w m uo 0 ZBA22-0004 0 90 180 360 Feet Case No. Attachment B ZBA22-0004 Page 1 SURVEY 1559 SUNSHINE LANE 60' P.0.W. - I6.5' A9M.1.T PAVING Scale 1 "= BO' [ on �� uEteP I/T I.P. RID. S00'49'00'E 130.00 CAPPED EP, PNO. CW W9� -P9pt � (tb51 e vasEn Pas 9AlE 40;B.L I 1 _ uEwaµ �I VDL 11929. PACE I399 D.R.T.C.T. PQMfi POLE W W _� - Y al - LDT♦ SVNSNME PIKE YDL } -171. PACE 76 k�' M RESpRICE S'- - - N PAT.C.T. N M. V l �. POLE � �y? 14 t►'�&'ice 4 µ m*1 L 1 c-o7e i �A��J =� IYI C I'" µ Tp 7 Q' 0167041465 D.RT.C.T. L2I f d I 19 I9 ACRES S01'24'24'E 30.18 C LOT 1. BWC I HERSNAW ESTATE 4 \ CAE. A. SUDE 3A9 �V \ �C \ O \ j�pwf ue 'uanmf W��TCMGrNM� .�^'6 w�na�[ M4 � ��OunK15. OCNRK� ��ND � � 91101 M m�iMZ I�IL�PtI�AI Al TM3 .ert. LOT 26, FRANCIS THROOP N0. 1511 ADDITION, AN ADDITION TO THE CITY OF SOUTHIA.KE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET A, SLIDE 12051. PLAT RECORDS, TARRANT COUNTY, TEXAS LEGE?&. MAD '_�_" :. LOYD BRANSOM SURVEYORS W. 0 — M - _ �E OF rF CHARLES B. HOOKS, JR. 0 ow Pof RP ."". REGISTERED PROFESSIONAL LAND SURVEYOR ,� DD6 1YA1& sEua o TewolnAm+r - �"' 7d(' 1028 NORTH SYLVANtA AVENUE --n--a.- nice -_ _ ' - FT- WORTH, TEXAS 76111 POW uld I = 3846 (817) 834-3477 vac m.wwwr mi ..•'�c� �l ram. "7''-'i•— ASP1Vil P"o %1115'T - 07-1892C DATE 05-07-08 Case No. Attachment C ZBA22-0004 Page 1 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. Location of Application: (address/legal description) 1559 Sunshine Ln Southlake, TX FILING FEE: $305.00 Owner: David Joyner Applicant (if different than owner): Address: Address: 1559 Sunshine Ln Telephone: 817-913-7097 Telephone: Email: jdjoyner@yahoo.com 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.) Variance to Zoning Ordinance No. 480, as amended, Section 39.1, requiring a fence not to 'exceed 6igjht'(8)'fee1'iii Height................................................................ Case No. ZBA22-0004 Attachment D 1 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.) .................................................................................................... Requesting approval for a 9' privacy fence along 120' section of my southern property line. ................................................................................................... Fence to be built only along the pool/decking/gazebo section and will not be visible ................................................................................................... from the street. Will simply provide privacy along an existing 6' fence with a deteriorating green .................................................................................................... windscreen. ................................................................................................... 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: The new property to the south is a 3 story, 38,000 sq ft home with a heavy trafficked service entrance that ruris'alorig.our property line.' W have afterrip'ted 'to 'pfant.a privacy shrub barrier but have struggled getting enough sun to allow for adequate 'growfh An''d'their new'wi'nd'screen makes'tlie-growth even more clialfengirig:......... 'So a'combiYiation'offhe lieigh't of'tlie home, h'e6vy11r0i6'616ng11Woperty fine"inabifity grow a privacy shrub barrier, and lack of effective tree preservation post construction, leaves 'us'no'ofhe'r alWer fW'thb to'consfriicf a'9' privacVfe'rice................................. Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR to apply the STANDARD ordinance requirements to your property: Case No. Attachment D ZBA22-0004 Since the homeowners do not access the home along the north driveway(only service personnel) 'and'thb'c'ur'rerif kick'of'privady/profectiori'wifh th'e'sigriifi'dant'riumber of se'rvice'personnel;'it certainly seems reasonable and fair to allow for a variance. ................................................................................................ 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: Please see pre and post construction pictures for the house next door. This was 'cl'ea'rfy'riot"our'actioris.' 'Have 'riot'verified'but'woulcf 'as'sume' the city' lias'approved' the' ' height of the house and enforced the tree preservation requirements. ................................................................................................ 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: Plan to install 120' only(covering "service entrance") vs the entire southern propertX line. ......................... Case No. ZBA22-0004 Attachment D 3 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: I would suggest we are an exception as these circumstances do not exist elsewhere in Southlake'as'fa'r'as Vri aware'.' ;4'rid'I'would'ce'rfainly's'up'p'orf a siinifar'request'from""' another homeowner. ................................................................................................... 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. Attachment D ZBA22-0004 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. 3/25/22 Case No. ZBA22-0004 Attachment D 5 PROPERTY OWNER ACKNOWLEDGEMENTS Notarized signature of all owners is mandatory. Use additional sheets if necessary. Property Ownership Acknowledgement,, As owner of the property described In this application, I understand that my property is being considered for a Variance. Signature of Owner Dated CJ Owner's Name (Typed oCknted)_ U _ Q. 11,�✓� Notary Acknowledgement: Before me, the undersigned authority, on this day personally appeared _9AV1-D 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. i,i A-» Given under my hand and seal of office on this the � L.,, r day of M✓, t�--cH 20 --el_ -- rj .R...... KAYLA ANN RODRiGUEZ Notary PlItc Ina For Texas _sz; _Notary Public, State of Texas H Comm. Expires 11-30-2025 My comsion expires the �� day of NDQt � Cam_, 20_1, �— . �'' °� Y ,,,,,� Nntar ID 133467103 Agent Authorization: I, Agent Authorization (if applicable) , owner of the aforementioned property do hereby certify that I have given my permission to to act as my agent for this variance request. Signature of Owner's Name (Typed or Printed Date Notary Acknowledgement: Before me, the undersigned authority, on this day personally appeared 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 Notary Public In and For Texas My commission expires the day of Case No. ZBA22-0004 day of 20 20 Attachment D M � * � �, . s ` .. �a } '� g� t� � � �; su, ;,�, �;, ;. � �s > . y��� a :,,: ,�, '�`srls" i•" a ,_ 77"C��,�>q"'��b ' :-r3 .. �^ r� =' ' 4 Dti +.; +W 11 Oft ffi'gy�aO - _ r � ,,vv�.��,1��y.. �t k.A� �� ' �'�s'!sr � ��� ` � � �.,a� n�, -z- �i ,�u21✓� a u�' ..✓� D �� �—�,�, �'�a } �/r_� � �,.{. d�'�k�7\�� X} �'. ��� A � � �14T-rs'��Z+�6..� �. r1� .y" \ Y 'kF4 Y.t"A'i'.r"�if yjh+�h,, ��,�,.'I �' '`{'•4M �" �.'�^A WOW Aj ��Y�! �aZ i.,'e"`'yi�'��d��M-�l 1, �+.> a -�,r i t'� air O• cc� ,?J� r?i {fad '�!. }, I; "1�r1'E (� �F �� t U }'`[�,1'nj '.�L�r ri'u�lr �, -(+..�.`'�-�`e�" r41�Y`3' \ % } t—(fir', •. 4 ® i`� <' o � a I- { Y t ;..� 91\ ,��1111{g'''', 3 J ti r�3�%.�bys �' e� t 'a . ♦ us �#., \' 1Y \' l n 'I irF .,. `sue. a v 4�` �� �r t.� U i - �.��-..�Y'}t 1ci77 1 G� r 1559t,r, IIU'l'`If�l� iiha" lllL� illll ll���l����� {oi RIM B®III■ INNER 1 PRIVATE �r WATER WELL B_1RCSUN oil' WHL[.SRVICF. ` FA 'f "���" ,� A. ,, F ♦ � � %ice f � " l am.l� " � 14 tog TYN e i _-�.: •s-a��.,� : i ,I Ill! � '' - �� �'. e f�.•t, ;�, "'._x11�`S i`,, M tee' _ ^�v AIL 9.. V;M IA R' 17v..yoW AZ Ao cl flop, jj 011 Ito j, Mi 3/26/22, 2:44 PM Google Maps Google Maps Imagery ©2022 Maxar Technologies, U.S. Geological Survey, Map data ©2022 50 ft https://www.google.com/maps/ CC32.9616369,-97.1237973,138m/data=!3m1 ! le3 Bird's Eve 7`7" SURROUNDING PROPERTY OWNERS & RESPONSES SPO # Owner Zoning Property Address Acreage Response 1 MARTILLO, JOHN SF1-A 1779 SUNSHINE LN 2.93 NR 2 KAY, ROBERT SF1-A 1460SUNSHINE LN 5.14 NR 3 KAY, ROBERT SF1-A 1450SUNSHINE LN 1.09 NR 4 SIMMS, ERIC SF1-A 1617 CARRUTH LN 1.01 NR 5 PALMER, JOHN SF1-A 1621 CARRUTH LN 1.16 NR 6 DERR, ROBERT W SF1-A 1500SUNSHINE LN 5.97 NR 7 LUCENTE, JAMES SF1-A 1701 BUR OAK DR 1.12 NR 8 JOYNER, J DAVID SF1-A 1559 SUNSHINE LN 1.49 NR 9 RENDA, FRANK SF1-A 1469SUNSHINE LN 3.67 NR 10 CHOUDRY, YASIN SF1-A 1679 SUNSHINE LN 1.97 NR 11 LINDAMOOD, JAKE W SF1-A 1821 SUNSHINE LN 5.46 NR 12 HUBEL, PETER H SF1-A 11459 SUNSHINE LN 1 2.99 1 NR 13 BHATTARAI, NANDI SF1-A 11963 E DOVE RD 1 3.37 1 NR Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Thirteen (13) Responses Received: None (0) Case No. ZBA22-0004 NR: No Response Attachment E Page 1