Item 5 - Waiver Authority - Staff Report
S T A F F R E P O R T 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
Department of Planning & Development Services
Attachment A
Page 1
Ordinance No. 480, as amended, Section 44.11
Attachment B
Page 1
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
DRAFT