Item 5 - Waiver Authority - Staff ReportCITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
May 20, 2022
Item 5
EXECUTIVE
SUMMARY: At the request of the Zoning Board of Adjustment at its regularly scheduled May 12,
2022 meeting, staff hereby provides information regarding the authority vested with
the Zoning Board of Adjustment by the Southlake City Council, to grant authority to
the Zoning Administrator, per Ordinance 480, as amended, Section 44.11, in order to
grant waivers of mandatory yard and setback requirements of up to fifteen (15)
percent of the required setback due to errors in survey or construction.
Such decisions are relatively rare. The most recent known cases being presented to
the Zoning Board of Adjustment were on May 12, 2022, April 15, 2016, April 26, 2013.
However, considering that many homes in Southlake are nearing an age where some
may be renovated, have additions, et.al., there is a chance that more may come to the
City's attention.
ACTION NEEDED: 1) Consider Approval
ATTACHMENTS: (A) Ordinance 480, as amended, Section 44.11 Language
(B) Draft "Written Decision", as required by Section 44.11.
STAFF CONTACT: Reagan Rothenberger (817) 748-8602
Dennis Killough (817) 748-8072
Ordinance No. 480, as amended, Section 44.11
44.11 WAIVER OF MANDATORY YARD AND SETBACK REQUIREMENTS - The Zoning Board of
Adjustment may approve waiver of up to fifteen (15) percent 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 or site improvement. The Zoning Board of Adjustment may in its
discretion delegate to the Zoning Administrator its authority under this provision for all or a
portion of the fifteen (15) percent area waiver pursuant to such terms and conditions as the
Board may establish. The Zoning Administrator shall not be authorized to approve a waiver
under this Section until the Zoning Board of Adjustment shall have issued a written decision
outlining the terms and conditions under which these waivers may be granted.
44-5
Attachment A
Page 1
CITY OF
SOUTHLAKE
TEXAS
ZONING BOARD OF ADJUSTMENT
May 26, 2022
Satisfying requirements found in Ordinance No. 480, as amended, Section 44.11, the Zoning Board of
Adjustment hereby issues a Written Decision delegating authority to the Zoning Administrator, or their
designee, to grant waivers of mandatory yard and setback requirements as outlined in Ordinance No.
480, as amended, Section 44.11 with the following provisions:
1. An Applicant seeking such a waiver, shall complete a standard Zoning Board of Adjustment
application and provide adequate documentation.
2. Upon receipt of a complete application, the Zoning Administrator shall provide written notice of
their decision to the Applicant within thirty (30) days and shall provide an informational comment
regarding any decision to the Zoning Board of Adjustment at the next regularly scheduled
meeting following the decision.
3. If the Zoning Administrator denies the request, the Applicant shall reserve the right to appeal to
the Zoning Board of Adjustment.
4. The Zoning Administrator at their discretion, may take any case to the Zoning Board of
Adjustment to render a decision.
5. The Zoning Board of Adjustment shall at any time revoke this delegation of authority.
Jeff Medici, Chairman
ATTEST:
Tiffany Cooper, Board Secretary
Attachment B
Page 1