ZBA22-0007 - Staff Report13 CITY OF
S0UTHLA1<,.,,E
Department of Planning & Development Services
STAFF REPORT
May 20, 2022
CASE NO: ZBA22-0007
PROJECT: 2903 Florence Rd. request for a Special Exception Use for accessory building
greater than the size permitted.
EXECUTIVE
SUMMARY: Barry and Vicki Dinsmore are requesting a Special Exception Use per Ord. No. 480,
Section 44.12(2) for an accessory structure of a size or aggregate size greater than
the size permitted on property described as Lot 1, Block 2, Brewer Addition, an
addition to the City of Southlake, Tarrant County, Texas and located at 2903 Florence
Rd., Southlake, Texas. Current zoning: "SF-1 B" — Single Family Residential District.
REQUEST DETAILS: This request is for a Special Exception Use per Ord. No. 480, Section 44.12(2) for an
accessory structure of a size or aggregate size greater than the size permitted to
allow the existing accessory building to exceed the maximum size permitted if a plat
revision dividing the existing lot into two lots were to be approved.
2903 Florence Drive is currently 3.01 acres (131,167 sq.ft.) in size and has an existing
conforming accessory structure totaling 3,200 sq.ft. The applicant desires to subdivide
a 1 acre portion of the property to the south, thus reducing the size of the original lot
with accessory building to 2.01 acres (87,607 sq.ft.). The maximum area of accessory
structure/s permitted in SF-1 B zoning is 3% of the lot area. 3% of this 2.01 acre
remainder portion would equal 2,628.21 sq.ft., thus causing the existing accessory
structure to become nonconforming by approximately 572 sq.ft.
ACTION NEEDED: 1) Conduct a public hearing.
2) Consider approval of the requested Variance.
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.
ZBA22-0007
OWNER/
APPLICANT:
BACKGROUND INFORMATION
Barry and Vicki Dinsmore
PROPERTY SITUATION: 2903 Florence Rd.
LEGAL DESCRIPTION: Lot 1, Block 2, Brewer Addition
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "SF-1 B" — Single Family Residential District
HISTORY:
- The property was annexed into the City in 1988 and given the "AG"
Agricultural District zoning designation.
-A Zoning change (ZA90-005) request for from "AG" Agricultural District to
"SF-1 B" Single Family Residential District was approved by the City Council
on April 17, 1990.
-A Preliminary Plat (ZA90-006) for Brewer Addition was approved April 3,
1990.
-A Final Plat (ZA90-020) for Brewer addition was approved May 15, 1990 and
filed July 18, 1990.
-The existing approximately 3,697 square foot residence was built in 1993
(Source: Building Permit).
- The City has no record of a building permit being issued for the accessory
building.
STAFF COMMENTS: The application and exhibits are attached.
The findings necessary for the Board to approve a Special Exception Use
Permit are below:
1) No special exception shall be granted unless the Board finds that the
requested exception is specifically permitted by the zoning ordinance;
2) That the location of the proposed activities and improvements is
clearly defined on the concept plan or plot plan, and
3) That the special exception is wholly compatible with the use and
permitted development of adjacent properties.
The requirements for accessory buildings in the "SF-1 B" zoning district, which
are the same as the requirements for accessory buildings in the "SF-1A"
zoning district as stated in Zoning Ord. No. 480, Section 11.50), are below:
All accessory structures in the SF-1A zoning district shall meeting the
following standards:
i. The sum total of all accessory structures and buildings on the lot shall
Case No. Attachment A
ZBA22-0007 Page 1
not exceed 3% of the lot area or 4,000 square feet.
ii. All accessory structures that are, individually or cumulatively, less than
500 sq.ft. shall meet the accessory structure standards under Section
34.2.
iii. All accessory structures that individually are equal to or exceed 500
sq.ft.:
1. Setbacks from adjoining lots shall meet the principal structure
setback standards. No setbacks are required from the principal
structure, however, fire separation requirements may apply.
2. Height shall not exceed 20 feet.
3. Accessory structures of metal, wood or vinyl siding or equivalent
material shall meet the following design standards:
a. Minimum of 2 colors (principal color limited to white, beige,
natural shades of greens and browns, or color matching the
principal structure, with trim of contrasting colors).
b. All metal accessory buildings to be painted with a factory
applied non-metallic matte -finish.
c. Addition of trim detail around the windows/doors/or string
courses or water tables.
d. Windows, doors, or other openings required on at least 2
sides.
e. Pitched roof required (of the appropriate pitch for the roof
design chosen or a minimum of 1:3).
4. Accessory structures using masonry shall meet the following
standards:
a. Masonry material used shall match the masonry material of the
principal structure on the lot.
b. Addition of trim detail around the windows/doors/or string
courses or water tables.
c. Windows, doors, or other openings required on at least 2
sides.
d. Roof (design, pitch, and materials) to be the same type as the
principal structure roof.
iv. Standards in subsection (iii) above shall not apply to accessory
buildings that do not have any enclosing walls such as gazebos,
play structures, and pergolas.
Case No. Attachment A
ZBA22-0007 Page 2
Vicinity Map
2903 Florence Dr.
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2916
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2920
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2922
923
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2924
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2926
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ZBA22-00017
-
Special Exception Use
0 90 180 360
Feet
Case No. Attachment B
ZBA22-0007 Page 1
SPECIAL EXCEPTION USE APPLICATION
(ACCESSORY BUILDING > SIZE PERMITTED)
Case No.
ZBA22-0007
Attachment C
Page 1
SOUTHLAK.1-
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION USE APPLICATIO
1400 Main Street, Suite 310
Southlake, TX 76092
Phone: (817) 748-8069
ZBA CASE NO.:
FEE. $305.00
Location of Application: (addressilegal description)
_P-� I r�Cl�_ ce u )e-e A7`II`% t i1i r a -1.1, t e
Owner: A 1
rLI4 l aoj -DI yl�MpY ;
Applicant (if di
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an owner):
Address: � O 3 F I br tv C , f- C1 D� .
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Address:
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Telephone:
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rindii srruuu uiiiy ❑e proviaea IT you consenr io your emaii decomrng part of pubiiclrecord
SEU Permit Requested: (Circle # of Request per Section 44.12)
#1) Domestic Employee or Family Quarters #2) Accessory Buildin �
#4) In -Home Swimming Lessons #5) Non -Commercial Antennas and
#6) Setback Reduction for Residential Accessory Building or Structu
Forward of the Principal Building on the Lot
Reason for Application:
C) -H- a C /Y�e vr- i
t #3) In -Home Daycare
itellite Dishes > Height Permitted
#7} Accessory Building Located
PROPERTY OWNER ACKNOWLEDGEMENTS
Notarized signature of a!I 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 $,pecia ception Use Permit.
(I,pV11
I f
Signature of Owner Date q —� `f -11'Z
Owner's Name (Typed or PrintedAla k1�\L , MA Z�Lr r)4
�A,rrta. �iin.Slfh•���-
Notary Acknowledgement: Before me, the undersigned authority, on this day personally appeared V i C,Z t;1VL& 1vvtD r4—, _
known to me to be the person whose name is subscribed to the above and foregoing instrument, and knowledge to me that he/she
executed the same for the purposes and consideration expressed and in the capacity therein stated.
Given under my hand and seal of office on this the o'lO-VU-day of r 20�.
Notary Publi I and For Texas ,tiPRY ��;-., Shayna Hitchcock
kS`_ Notary Public State ofTe$as
My commission expires the ` day of 20 'JFY? Comm.
yID"ies a 3a6s9
Agent Authorization: 1,
given my permission
request.
Agent Authorization (if applicable)
owner of the aforementioned property do hereby certify that I have
,j
�I
Signature of Owner f Date
Owner's Name (Typed or Printed)
act as my agent for this special exception use permit
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 day of
Notary Public In and For Texas
My commission expires the day of 120
20
The applicant, Mr. Dinsmore's property at 2903 Florence Road had an accessory use t
years; this 3,200 sf2 accessory building was constructed on the 3.01 acre lot. At the ti
building followed the City ordinance of no more than 3% coverage of the property.
Mr. Dinsmore's long term plan has been to section off 1.00 acre of the south end of the
separate private residence for his daughter and two grandchildren to build their own he
off, then the remaining 2.01 acres will have a non -conforming accessory use building th
coverage.
Mr. Dinsmore is requesting that the city allow for a variance for the existing accessory
section off the 1.00 acre lot with a deed restriction for no accessory use building be all
ling built approximately 15
of construction, this accessory
'operty to be platted as a
e. If this 1.00 acre is sectioned
will exceed the 3% lot
ilding to remain as -is and
ed on the new southern lot.
Given that this new lot is adjacent to the City of 5outhlake Water tower and located at t�Ity.
e end of a secluded cul-de-sac
with limited number of residences on Brewer Road, there will be minimal impact to the
AERIAL PHOTO
Case No.
ZBA22-0007
Attachment D
Page 1
EXISTING ACCESSORY BUILDING
rr
Case No.
ZBA22-0007
Attachment D
Page 1
PL
Surrounding Property Owners Map
FLORENCE RD
3155 3145 313 3123 3115 3105
pg 2112 2116 R�
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2124
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29162920
2922 923
2924 925
6 7
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KNIGHT
FLORENCE RD
2839 107,5 27ss 276a 2603 2605 2555
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Owner
Zoning
Property Address
Acreage
Response
1.
STOEPPEL, WILLIAM
SF1-A
2775 FLORENCE RD
1.28
NR
2.
TURNER, CARI
MH
2918 SUTTON PL
0.43
NR
3.
FELIX, WANDA
MH
2915 SUTTON PL
0.44
NR
4.
CONN, GWENDOLYN B
MH
2913 SUTTON PL
0.41
NR
5.
ANALOVITCH, JAY
MH
2909 SUTTON PL
0.37
NR
6.
SOUTHLAKE, CITY OF
MH
2911 SUTTON PL
0.38
NR
7.
ESTRADA, JOSE
MH
2916 SUTTON PL
0.39
NR
8.
DRAKE, DANIEL M
MH
2914 SUTTON PL
0.39
NR
9.
GONZALEZ, MARIA P
MH
2912 SUTTON PL
0.40
NR
10.
NEPTUNE VENTURES LLC
MH
2910 SUTTON PL
0.43
NR
11.
TOTH, ROBERT
MH
2908 SUTTON PL
0.38
NR
12.
SANDERS, JASON W
MH
2906 SUTTON PL
0.40
NR
13.
TRUITT, THOMAS W
MH
2907 SUTTON PL
0.39
NR
14.
MUSHTAQ, QASIM
MH
2905 SUTTON PL
0.39
NR
15.
SLOAN, STEPHEN
MH
2903 SUTTON PL
0.37
NR
16.
VIDOTTO, OSCAR
MH
2901 SUTTON PL
0.34
NR
17.
MILLER, HARVEY D
MH
2919 SUTTON PL
0.42
NR
18.
MCCLOUD, CONNIE
MH
2920 SUTTON PL
0.35
NR
19.
RAPP, WESLEY S
MH
2921 SUTTON PL
0.41
NR
20.
STOMAN, NICOLAAS
MH
2923 SUTTON PL
0.41
NR
21.
DE FAZIO, GIUSEPPE
MH
3101 FLORENCE RD
0.33
NR
Case No.
ZBA22-0007
Attachment E
Page 1
22.
THE TONY DINH FAMILY LIVING
TR
MH
2904 SUTTON PL
0.40
NR
23.
MILLER, HARVEY
MH
2917 SUTTON PL
0.40
NR
24.
WEBB, WILLIAM
SF1-A
2801 FLORENCE RD
3.26
NR
25.
SOUTHLAKE, CITY OF
CS
635 BREWER RD
4.96
NR
26.
1 ZIMMERMAN, JASON
SF1-B
615 BREWER RD
1.42
NR
27.
WILKES, RICHARD M
SF1-B
605 BREWER RD
1.01
NR
28.
DINSMORE, BARRY
SF1-B
2903 FLORENCE RD
2.92
NR
29.
MAXWELL, CHAD
SF1-B
2839 FLORENCE RD
1.64
NR
NR: No Response F: In Favor O: Opposed U: Undecided
Case No.
ZBA22-0007
Attachment E
Page 2