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ZBA22-0005 - Staff ReportCase No. ZBA22-0005 S T A F F R E P O R T May 6, 2022 CASE NO: ZBA22-0005 PROJECT: 1680 Bent Creek Drive Variance to Side Yard Setback EXECUTIVE SUMMARY: REQUEST: Max Draper, on behalf of the Briggs Family Trust, is requesting approval of a Variance to Ordinance No. 480, as amended, P.U.D. Ordinance No. 480-01C, requiring a side yard of not less than ten (10) feet on property described as Lot 70R, Block 5, Timarron Addition – Bent Creek, an addition to the City of Southlake, Tarrant County, Texas, and located at 1680 Bent Creek Drive, Southlake, Tarrant County, Texas. Current Zoning: “R.P.U.D.” – Residential Planned Unit Development. The applicant is requesting approval of a Variance to Ordinance No. 480, as amended, P.U.D. Ordinance No. 480-01C, requiring a side yard of not less than ten (10) feet to allow a portion of a home patio that encroaches approximately nine (9) inches into the setback in error, to be enclosed and become part of the interior to the home. The Zoning Board of Adjustment, or their designee, may grant a fifteen (15) percent waiver of any required yard area or setback when such a waiver is necessary due to a surveying or construction error in the placement of the original foundation. The form board survey from 1994 showed the foundation of the home complying with zoning requirements. During this period, the Administrative Official had been granted authority by the Board of Adjustment to grant up to a 10% waiver due to a surveying or construction error. If there was an error discovered at that time, it was administratively approved via granting of the Certificate of Occupancy in 1994. Regardless, any change to the structure that would result in an increase in the nonconforming condition, such as additional floor area by the enclosure of the patio as proposed, requires approval a variance from the ZBA. 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 Department of Planning & Development Services Case No. Attachment A ZBA22-0005 Page 1 BACKGROUND INFORMATION OWNER/ APPLICANT: Briggs Family Trust PROPERTY SITUATION: 1680 Bent Creek Drive LEGAL DESCRIPTION: Lot 70R, Block 5, Timarron Addition – Bent Creek Addition LAND USE CATEGORY: 100-Year Flood Plain CURRENT ZONING: RPUD – Residential Planned Unit Development HISTORY: -A Final Plat (ZA93-121) for Timarron Addition Phase One, Section Two BentCreek was approved January 6, 1994.-A principal residence with approximately 5,335 square feet of livable floorarea was built in 1994. (Source: TAD).-The property was annexed into the City in 1987. -The “RPUD” – Residential Planned Unit Development zoning was placed onthe property with the adoption of Ordinance No. 480-01C on May 21, 1996. 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 isdone;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 theprovisions 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 tothe land, structure, or building involved and which are not applicable toother lands, structures or buildings in the same district;2.That the literal interpretation of the provisions of this ordinancedeprives the applicant of rights commonly enjoyed by other properties in the same district;3.That the special conditions and circumstances that exist are not theresult of the actions of the applicant; 4.That the granting of this variance does not confer on the applicant anyspecial 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 varianceand that the variance will be the minimum necessary to make possiblethe reasonable use of the land, building or structure, and 6.That the granting of the variance will be in harmony with the generalpurpose and intent of the zoning ordinance and will not be injurious tothe neighborhood or otherwise detrimental to the public welfare. Case No. Attachment B ZBA22-0005 Page 1 SOUTHLAI<E PLANNING & DEVELOPMENT SERVICES ZONING BOARD OF ADJUSTMENT VARIANCE APPLICATION 1400 Main Street, Suite 310Southlake, TX 76092Phone: (817) 748-8069 ZBA CASE NO. ____ FILING FEE: $305.00 Location of Application: (address/legal description) l��o Benf Cru.k-De.: SovTt,LAK,t,., 'TX 9:6�9rt-' l(IVIJ9fl/YV 1!12 D.u -13edT C!. UtK. '/3L04<, s-<oT 1b e � Pr C € Owner: R1iU111rt't) "�el/A),<}( l?t-14t,s C. (?; /!-I s 1F 1/h'I ''-T Address:/� &o f;en-+ C.tUJ. k. Dr rv, Applicant (if different than owner): lA-"-.t Dr""1t-fer--k Ad Email:/l')c,1,., 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.) 1?.�wpr.t.r-... f.Yr>.ft.r.7'/S ... -� /µ_. b.0-.drl.l.:hl: ... is ... .It?�-/-.. hv. f. .. ht>.ll.&?-: /. -�I// bud+. ... /� .... /.?.?.Y� ... .t:s ... i .'} �'Af f. .... & ... f.�f:{:t.n,, .. Pt: ... !..� .e:.n _t.,f/J.q.�/4frltl?-f _;_I)_+:_ .. .IP.� .. b0J/l/.A. :"J..!..:..· .................................................................. . 1 Case No. ZBA22-0005 Attachment C Case No. ZBA22-0005 Attachment C Case No. ZBA22-0005 Attachment C 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: fu .... bv?."i.½ ..... �.�.� ... &t!f .. (P:ff.�-�t!-: ... w.,.'fh .... �.r1:-: .. wr.(c.�-f. ... . �-c,4. ... l:?.�Xl:.i·� ... .t".� .. .l.i.7..i ... { .1. � J��. -�ff ... f�f�� .. l;ht. ), ......... .,rk ... f.riJ:>-fb�l ... 'J-./.dl. �°h.r( h ... LI) rU. .... k .... lo/.! ... CX(Sl�-j-·. fri�n��:n :� � .. (w. �) C')..1J. ... J,U1& .... -e¥f Ji. rl] ... /.(J.'6 /.:-... {Y.(A.f.. �), ................................... . 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 4 Case No. ZBA22-0005 Attachment C Case No. ZBA22-0005 Attachment C 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 � ,Jivl\.A,)._, � Date '/ /2, /cr0:1-;,. Owner's Name (Typed or;nted) �EA ;Ji)€ /3g;4i t, S Notary Acknowledgement: Before me, the undersigned authority, on this day personally appearedJeG...'OC)e__ Bnc.CiS known to me to be the person whose name is subscribed to the above and foregoing instrument, and knowledge to me that h�� executed the same for the purposes and consideration expressed and in the capacity therein stated. Given d r my hand nd I of office on this the \ l 't-r-. day of � [ 1 I , 20 d d- ,,,,••��i1,, KELLIE A. DAVIS �.(,.�.--.'9.-:.. f f:<,.A,.'.·.;�% Notary Public, State of Tex�s Not s� J t)e ;;2_ c -:;_'�f-�--l� Comm. Expires 09-01-2025 My commission expires the ______ day of �:CrN l.'"20 :2 --:.,,�'f�f;t,,'" Notary ID 10189422l,;;;;;;;;;;;;;;;;;;;;;;;;;;;;.;;;;;;;;;;;;;;;;;;;;;;;;;;J Agent Authorization (if applicable) Agent Authorization: 1,/1t: 14,,vgt; Betry C, �, owner of the aforementioned property do hereby certify that I have given my permission to Ut4 X: Dc.aeele.... to act as my agent for this variance request. Signature of Owner � � Date i/41 /eo�� Owner's Name (Typed���� 0z S Notary Acknowledgement: Before me, the undersigned authority, on this day personally appeared Jet, nY'.)c;::;'. fr� S known to me to be the person whose name is subscribed to the above and foregoing instrument, and knowledge to me that h� executed the same for the purposes and consideration expressed and in the capacity therein stated. N Jt-1.+h... day of_fk3_._.........r_f_· l___ ,,20 _____ day otxp-krr-.ber.20 � .s-�%��i;,,� KELLIE A. DAVIS f ff,,,b'.·{�% Notary Public, State of Tex�s �� .. -./�/.,__�� Comm. Expires 09-01-2025 .-;.,.�-OF�',� 11,,,11,,,,, Notary ID 10189422 6 Case No. ZBA22-0005 Attachment C Case No. Attachment D ZBA22-0005 Page 1 AERIAL PHOTO STREET VIEW Case No. Attachment D ZBA22-0005 Page 2 SITE PLAN EXISTING FLOOR PLAN Case No. Attachment D ZBA22-0005 Page 3 NEW FLOOR PLAN ELEVATIONS Case No. Attachment D ZBA22-0005 Page 4 IMAGES Case No. Attachment E ZBA22-0003 Page 1 Case No. Attachment E ZBA22-0003 Page 2 SURROUNDING PROPERTY OWNERS SPO# Owner Zoning Property Address Acreage Response 1 BEAGLE, ELAINE RPUD 135 CREEKWAY BEND 0.43 NR 2 LUTHER, ROBERT RPUD 145 CREEKWAY BND 0.41 NR 3 GOHEL, KAUSHIK D RPUD 125 CREEKWAY BEND 0.47 NR 4 SHERROD, CHRISTINA RPUD 115 CREEKWAY BEND 0.50 NR 5 GREGORY, DAVID RPUD 105 CREEKWAY BEND 0.75 NR 6 TIMARRON OWNERS ASSN INC RPUD 700 WENTWOOD DR 8.31 NR 7 AGWAIFE, CHRISTINE N RPUD 1685 BENT CREEK DR 0.49 NR 8 HALL, ASHTON RPUD 110 CREEKWOOD CT 0.49 NR 9 DAI, FEI RPUD 1690 BENT CREEK DR 1.24 NR 10 PLATAMONE REVOCABLE TRUST RPUD 120 COTTONWOOD CT 0.53 NR 11 SCHNEIDER, GARY RPUD 100 CREEKWOOD CT 0.52 NR Case No. Attachment E ZBA22-0003 Page 3 12 BRIGGS FAMILY TRUST RPUD 1680 BENT CREEK DR 0.89 NR 13 GIDDENS, ELIZABETH K RPUD 115 CREEKWOOD CT 0.49 NR 14 BYRNE, MICHAEL RPUD 1670 BENT CREEK DR 0.69 NR 15 KNIGHT, EMILY W RPUD 105 CREEKWOOD CT 0.49 NR 16 MANTILLA, EMMANUEL RPUD 1660 BENT CREEK DR 0.81 NR 17 SMALDONE, GARY RPUD 1650 BENT CREEK DR 0.84 NR 18 MONROE, CHRIS A SF20A 1500 S WHITE CPL BLVD 3.82 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eighteen (18) Responses Received: None (0)