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ZBA22-0008 - Staff Report13 CITY OF S0UTHLA1<.,.-E Department of Planning & Development Services STAFF REPORT May 20, 2022 CASE NO: ZBA22-0008 PROJECT: 220 Players Circle Variance to Rear Yard Setback EXECUTIVE SUMMARY: Joshua Berger of Berger Equity Group is requesting approval of a Variance to Ordinance No. 480, as amended, Section 22.5(d), requiring a rear yard of ten (10) feet on property described as Players Circle Addition, Lot 6, an addition to the City of Southlake, Tarrant County, Texas, and located at 220 Players Circle, Southlake, Tarrant County, Texas. REQUEST: The applicant is requesting approval of a Variance to Ordinance No. 480, as amended, Section 22.5(d), requiring a rear yard of ten (10) feet to allow a portion of a commercial building that encroaches approximately three (3) feet into the setback in error to remain. The Site Plan adopted May 5, 2022, reflects a 10' rear yard setback on the south side of the building. Architectural Plans reviewed by staff in July of 2020 also showed this correct setback of 10'. However, Civil Engineering plans incorrectly showed a 7'3" setback. The building was ultimately built with the 7'3" setback in error. 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. ZBA22-0008 OWNER/ APPLICANT: PROPERTY SITUATION: LEGAL DESCRIPTION LAND USE CATEGORY: CURRENT ZONING: BACKGROUND INFORMATION Berger Equity Group 220 Players Circle Players Circle Addition, Lot 6 Commercial Retail C-3 — General Commercial HISTORY: - City Council placed the "C-3" zoning on a portion of the property with adoption of the Comprehensive Zoning Ordinance No. 480 on September 19, 1989. - On April 19, 2005, City Council approved a Zoning Change and Concept Plan and a Preliminary Plat for this and other lots within Players Circle (ZA05- 010 and ZA05-011) - A Final Plat (ZA05-084) was approved by the Planning & Zoning Commission on September 8, 2005. - A Site Plan (ZA20-0014) was approved by City Council May 5, 2020. 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. Attachment A ZBA22-0008 Page 1 Vicinity Map 220 Players Circle CT - Y Q N o'03 :501 409 408 0 0 r, OD O3 r m T 5T Q Lri W I Setback Variance 0 90 180 360 Feet f Case No. Attachment B ZBA22-0008 Page 0 VARIANCE APPLICATION Case No. ZBA22-0008 Attachment B Page 1 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, Location of Application: (address/legal description) 220 Players Cir Southlake, TX 76092 Players Circle addition Lot 6 FILING FEE: $305.00 Owner: Barger Equity Group Applicant (if different than owner): Address: 440 N Kimball Ave Address: Southlake, TX 76092 Telephone: 214-549-2713 Telephone: Email: joshua@bargerequitygroup.com Email: 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 1 REQUIREMENT.) Change West side Property Set back from 10' to 7' 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.) Propertx has a 10' set back requesting to change. it to a T only on west side 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: Building plans and civil plans both showed different building locations that were approved ............................................................................................. The difference is the building on the civil plans sits back to the west 2'8" more the on the building plans ................................................................................................... The distance from the property line to the building is 7'2" and per the set back it should have been 10' ................................................................................................... Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR to apply the STANDARD ordinance requirements to your property: i► The building is now built and moving the building is not an option. Had we or the city caught this upfront we would have moved the building to conform with the setback. ................................................................................................ 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: The civil engineer made a mistake by placing the building in the set back. The city did however approve the plans that were submitted. 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: 3 We are only asking for a variance of T to change the set back from 1 O' to 7'. 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: .................................................................................................... This was a mistake made by the engineer and the city for approving the plans as they were submitted 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 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 late: O5/06/2022 5 PROPERTY OWNER ACKNOWLEDGEMENTS Notarized signature of a// 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 Vari Signature of Owner. Date b� �r7 Z Owner's Name (Typed o Printed) -� d 56�c f Notary Acknowledgement.- Before me, the undersigned authority, on this day personally appeared )U%t'et 40w— 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 6 day of 20 �Z 4 N blic In and For Texas 1 t-, '�Gt-1� My commission expires the_ _ [ 4 day of � "`uvrr''• LOGAN ALEX EBY to µrL 'i. s Notary Public, State of 'axes 20 Z' +mac Comm. Expires 11-61-2025 Notary ID 133423825 Agent Authorization (if applicable) Agent Authorization: 1, , owner of the aforementioned property do hereby certify that I have given my permission to to act as my agent for this variance request. Signature of Owner Date Owner's Name (Typed or Printed) 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 helshe 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 20 20 AERIAL PHOTO Case No. Attachment D ZBA22-0005 Page 1 APPROVED ARCHITECTURAL SITE PLAN Case No. ZBA22-0005 Attachment D Page 2 1 NONE LEGEND GRASS AREAS 1B BB LB NG SET BACK 0 NEANCGNCRETE CITY OF SOUTHLAKE MOUNTED BUILDING LIGITIN C N— AR AMENDED T B oIMENTGGNRGLGRBINANCE AMENBEBNo�eAS NCE RA L E EXI7ING CONC. 5PACE FIRE LANExs as-s FIRE`NNENFF s FIRE NN�FIE`R a R cs Fs'SFIory EBISTI C CONJ. FIRF —LAN —FF W❑ �TR -� NE mNc1 - MSOGNN U Q�N:[:' DANE— Amc a ry EXmI,s CGeNg NEW CONC. � NEW ON i - CpNc. ' O , e3 LOT I CCRE £ ON-SOE W N W 5 .CONCRETE $IDE W 1� MERCNL SPPGE I � I ° � 9B NR ! mI BUILDING ol As 74 aA as A o 3' X 143 —6" RBNL rAMMo:Ba< 9AA �� 10,669 SF ✓ No. o4os�sT LE �IATNN .�wA� 52 BEING SPACES UU 1,000 Sl 8.1000 (MEDICAL OFFICE 8 6,219 S - 1300 (BEN. OFFICES) = 21 I �l _ 3450 S - 1:150 (MEDICAL OFFICES) = 25 ;= y m CRASS i1 GRPSS - Q N m rvC -- A—>: oac rvo. 0 9s 4T420 ml 4 .� mRw:Eceass PRAZE RETAIL CG EDCLAIs4 \ x \ RETAIL COMMERCIAL CDKE \ 01 SITE PLAN ee 1 .044 ACRES F- LU 220 PLAYERS CIRCLE (A LOT 6, PLAYERS CIRCLE ADDITION IN THE WEE EAVES SURVEY, A-500 CITY SOUTHLAKE, TARRANT COUNTY, TEXAS W 0- ,a IRRU E. NRNEU .icsxw�`id.-DRO, srnTxwu Z_ Lu F5 C)oo J E5 U F m � w w Q J U a ILL oO 0 19-55 SITE PLAN A1.00 CIVIL ENGINEERING DIMENSIONAL CONTROL PLAN Case No. ZBA22-0005 Attachment D Page 3 KocILAIIPRTCT 169 �� DD raTreT reR P.RTCT DOC NO 111— Ts9N� I� �I 11 D.N E p o. N B6'33'O]" E 17111_— L-- J �/ T W a Irk i 0 I)e)s OFFICE BUILDING ]b.xsx lags' 1.044 ACRES xr sui�sixc I N� I SD,6693q FT • FFE:6]6.50 LOT 6 • I ELAVEEs cIPCLE ADDI "^ p DOC N0, D20608838 L EHTc LOT T aLOCK 1 sou "A oaoss Nc 60 195147420 PR ICT ny ,:F II Grxr — — C— —�_ saw: " 1 5 86'330]" W 254.42 8 N I ®I 13 CLOTME ADDITION DOT P R TAT 369 NOTES BY SYMBOL: Di —111ED CODIT11E. r 1-11 011—Tr A-- I 0 0 (D �rylr"a.,E. OE EDEI—YENT INNEcrnry 9 °'„,. o LEGEND: ---- Fa r�,EorwrvPE _ ~ — —h eu+4e�rE SAVEYort � )bI.'I�� 0 w+rew rewreor arw'Drvi N W01 GENERAL NOTES' To U J m w W Y W } Q J max L,aTrv,DEsIrv.rrvDDETCL, �aF-- p o =O N U) 10 ao LIE, so GRAPHIC SCALE IN FEET 1" " DIMENSION CONTROL PLAN LOT F PLAYERS CIRCLE 1. D94 ACRES �45,463 SF) W.R. EAVE5 SURVEY, 465T. NO. 500 CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS T C-2.0 11 � � ' r r � , wee a' � rla�a��r�� m��}-� A �'• y¢� AF 4 Ar 'i 41 op TI. Ilk, 04. ti lift No Text SURROUNDING PROPERTY OWNERS J 0 O Q 2iW 2G5 '4p� ^� 7 ❑ci ❑ $ o W 2U2 m 2U3 `LaZ �P g o f d o d7 0 'P'- n 1G0 CI 15U0 146U 4U226 F' W SOUTHLAKE BLVD SPO# Owner Zoning Property Address Acreage Response 1 DARWISH, RAED Y SF20A 505 INDIAN PAINTBRUSH WAY 0.50028531 NR 2 PROSPEROUS FUTURE, LLC C3 1957 W SOUTHLAKE BLVD 0.80993594 NR 3 SAN DIEGO RENTALS LLC C3 1959 W SOUTHLAKE BLVD 1.17382390 NR 4 NORTHSTAR FARMS INC C3 170 PLAYERS CIR 0.65054498 NR 5 PALI PROPERTIES LP C3 151 PLAYERS CIR 0.65989940 NR 6 BARGER EQUITY GROUP LLC C3 220 PLAYERS CIR 1.05248896 NR 7 SOUTHLAKE WOODS HOMEOWNERS SF20A 507 INDIAN PAINTBRUSH WAY 0.77289174 NR 8 250 PLAYER CIRCLE LLC C3 250 PLAYERS CIR 2.63891769 NR 9 GROVES, RON D C3 251 PLAYERS CIR 0.98395604 NR 10 DLP VENTURES C3 201 PLAYERS CIR 0.79620337 NR 11 JABER HOLDINGS I LLC C3 2025 W SOUTHLAKE BLVD 1.01577729 NR 12 SLM DUNHILL LLC C3 2001 W SOUTHLAKE BLVD 2.39874521 NR 13 SLM DUNHILL LLC C3 2055 W SOUTHLAKE BLVD 0.82226389 NR 14 SLM DUNHILL LLC C3 2101 W SOUTHLAKE BLVD 9.10984824 NR 15 W & B KIDD FAMILY LTD PRNTSHP C2 1963 W SOUTHLAKE BLVD 14.21783068 NR Responses: F: In Favor Case No. ZBA22-0003 O: Opposed To U: Undecided NR: No Response Attachment E Page 3 Notices Sent: Thirteen (13) Responses Received: None (0) Case No. ZBA22-0003 Attachment E Page 4