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ZBA22-0005 - Staff ReportCITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT May 6, 2022 CASE NO: ZBA22-0005 PROJECT: 1680 Bent Creek Drive Variance to Side Yard Setback EXECUTIVE Max Draper, on behalf of the Briggs Family Trust, is requesting approval of a Variance SUMMARY: to Ordinance No. 480, as amended, P.U.D. Ordinance No. 480-01 C, 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 REQUEST: 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 Case No. ZBA22-0005 OWN ER/ APPLICANT: BACKGROUND INFORMATION 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 Bent Creek was approved January 6, 1994. - A principal residence with approximately 5,335 square feet of livable floor area was built in 1994. (Source: TAD). - The property was annexed into the City in 1987. - The "RPUD" — Residential Planned Unit Development zoning was placed on the property with the adoption of Ordinance No. 480-01 C 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 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. ZBA22-0005 Attachment A Page 1 Vicinity Map 1680 Bent Creek Drive o 1364 137 1374 1380 139D A4 1415 1420 too 110 120 130 140 ±) & S 105 115 125 135 14 � r � i T 0 /S �B � Z � \10 16 1600 A560 ZBA22-0005 0 90 180 380 Rea Case No. Attachment ZBA22- 005 Page 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) T Tr to 14 QILd ,y R'D D.cJ �.c e / nT 962 4 f 7 e Owner: 9ttgPar- C (3 e s (FAm is T v Applicant (if different than owner): kk0.x Tjryee- K t K Etit 6e- Address: 16 g0 �2,ut � Dr Address: � g p A) C4/LDLL Q C 7-, /G0 �46?9 acplu 7K 61� Telephone: a /Y 9 /y _ a y Telephone: Email: rictiardob64aS&PMAc,roni Email: Ma (;—) kI'h 01 b 44 rf✓h 6 ^6 6.Cp�-+ v � 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? N buy:«...�� ...�.9.9.�F... 5... '.,3,..of .... ...�P� �?�f..or...7.. encro11C�iHu�,-� !....'....1..... hu ! ..................................................................... . Case No. Attachment C ZBA22-0005 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.) .�^..:bV ../. o . CU!'/tvm )/.1( �:�"!'�..:1�...SG!IYJ./�pV✓lp�/17�_(�'i... �.� ...! :'`.'�:.. ��..�... �...�U��T16.�.. c,.>6 �''�. lit D.4 A Ir�V1n .T Iw..r�c � ... r� ......:.. �.1.... �tll.��... !!�.f .. �✓IG✓Da �!�►... �.�'I !�"... S�-�cc ... ' �v� (�' of tie�C y W4 1�7 177 Y. 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: ...1.1.?.Y......................................................... Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR to apply the STANDARD ordinance requirements to your property: Attachment C Case No. ZBA22-0005 2 4. ay. ..... dlt`{r/i...��11 R??T-eriP.......... ... C,4,! . �H....1.Gt....Y' lrL�..1 ...5.���.0 .... 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: �i� i.f.....b..w..►--trf...a�Jr,C. '%c--.�o i.Jv(.cA... lc f .... Ia ...X: kl ..... �!! ....!.Y.6e�"... a.wk......................................................................................... 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: 11 ... a INr... ... �.��'e-c�...�c1�..yia�..���¢�.c�i..�`�� �r 'd-kG�' �,,� a y 016 J/� Case No. 3 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: .......... �e. yPb?-r�....�L.OW :(t 'i ' ....%....b.°? ... e(S'1(.h.q... fU �.Pm(R-6.6 4.. 6�p z,, a .... wnakoA,.... Uf; ill ... rya . .k.UA).................................... . 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 Attachment C Case No. ZBA22-0005 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: 0, Date: 5111 Attachment C Case No. ZBA22-0005 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 i Date—`/ It, oa Owner's Name (Typed or P nted)_-4—E,9X),UE E,e/Li4 S Notary Acknowledgement. Before me, the undersigned authority, on this day personally appeared\ �eCYlnt�-- fpcf_'� known to me to be the person whose name is subscribed to the above and foregoing instrument, and knowledge to me that h�Ft� 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 —1 day of_ I I 20_1a ikxPv �i: KELLIE A. DAVIS r Texallot is Inan Notary Public, State of Texas �T� zw is Comm. Expires 09-01-2025 My commission expires the day of �Y7. /20 �j %� +�" Notary ID 10189422 .��,.. Agent Authorization (if applicable) Agent Authorization: I ,"�E f4,"E- /34FI4 c, S , owner of the aforementioned property do hereby certify that I have given my permission to_Z 94 2 A EZ- to act as my agent for this variance request. Signature of Owner Owner's Name Date 1/ big 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 h executed the same for the purposes and consideration expressed and in the capacity therein stated. d4-K 4 GivPruncjgr y a d a seal o office on this the _ day of �� 1 20_ NKKKblic Ill and For exas KELLIE A. DAVIS LL Notary Public. State of Texas r My commission expires the _ day of y-,b '-1l20 Comm. Expires 09 01-2028 Notary ID 10189422 Attachment C Case No. 6 ZBA22-0005 AERIAL PHOTO STREET VIEW Case No. Attachment D ZBA22-0005 Page 1 SITE PLAN EXISTING FLOOR PLAN EXISTING FLOOR PLAN a 70 'DEMO' FLOOR PLAN 1 .. 4 24 Case No. Attachment D ZBA22-0005 Page 2 NEW FLOOR PLAN ELECTRICAL PLAN �� ELEVATIONS Case No. ZBA22-0005 07 'NEW' FLOOR PLAN 3-4 4,4 Attachment D Page 3 No Text Case No. ZBA22-0003 Attachment E Page 1 SURROUNDING PROPERTY OWNERS Dye rlook9ti x„ RllA � Pore§f lv7r__ � �ycw Qr _. a _ Re 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 2 12 1 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) Case No. Attachment E ZBA22-0003 Page 3