ZBA22-0008 - Staff ReportCase No.
ZBA22-0008
S T A F F R E P O R T 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
Department of Planning & Development Services
Case No. Attachment A
ZBA22-0008 Page 1
BACKGROUND INFORMATION OWNER/ APPLICANT: Berger Equity Group PROPERTY SITUATION: 220 Players Circle LEGAL DESCRIPTION: Players Circle Addition, Lot 6 LAND USE CATEGORY: Commercial Retail
CURRENT ZONING: 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 B
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Case No. Attachment B
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VARIANCE APPLICATION
Case No. Attachment D
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AERIAL PHOTO
Case No. Attachment D
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APPROVED ARCHITECTURAL SITE PLAN
1717126S 86 33'07" W254.42'N 86 33'07" E 171.11'N 03 26'53" W 174.45'PLAYERS CIRCLE(40' R.O.W.)S 05 21'55"W ARC 159.97' RAD 520.00'S 84 29'09" E ARC 109.50' RAD 350.00'Sheet NumberWARD ARCHITECTURE PLLC5004 THOMPSON TERRACE, SUITE 107COLLEYVILLE, TEXAS 76034Checked ByDrawn By CRAGAWSheet TitleIssued:RevisionsDateNo.DescriptionIssue Date:Project No:19-55PERMIT SET06/23/2020OWNER CONTACT INFORMATION:817.281.5600GERALD@WARDARCHITECTUREPLLC.COMBARGER EQUITY GROUPJOSHUA BARGER440 NORTH KIMBALL AVENUE(214) 549 - 2713JOSHUABARGER@ALLSTATE.COMPERMIT SET06/23/2020SOUTHLAKE, TEXAS 76092 OFFICE BUILDING220 PLAYERS CIRCLESOUTHLAKE, TX 7609201SITE PLANSCALE: 1" = 20'-0"A1.00PLANVICINITY PLANLEGENDSITE10' BUILDING SET BACKNOTE:1. ALL PARKING TO BE SHARED PARKING2. ALL PARKING STALLS TO BE 9'0"X18'0"3. ALL MECHANICAL EQUIPMENT MUST BE SCREENED OF VIEW FROMRIGHT-OF-WAYS AND RESIDENTIAL PROPERTIES IN ACCORDANCEWITH THE ZONING ORDINANCE No.480, AS AMENDED4. NO PROPOSED PARKING LOT LIGHTING. ALL LIGHTING TO BE WALLMOUNTED BUILDING LIGHTING5. ALL LIGHTING MUST COMPLY WITH THE LIGHTING ORDINANCENo.693, AS AMENDED6. ALL DEVELOPMENT MUST COMPLY WITH DRAINAGE ORDINANCENo.605 AND SEDIMENT CONTROL ORDINANCE No.946, ASAMENDED.SITE DATA SUMMARY CHARTDESCRIPTIONEXISTING ZONINGPROPOSED ZONINGLAND USE DESIGNATIONGROSS ACREAGENET ACREAGENUMBER OF PROPOSED LOTSTOTAL BUILDING AREAPERCENTAGE OF BUILDING COVERAGEAREA OF OPEN SPACEPERCENTAGE OF OPEN SPACEAREA OF IMPERVIOUS COVERAGEPERCENTAGE OF IMPERVIOUS COVERAGEPROPOSED BUILDING AREA(FT.PRINT IN S.F.)TOTALNUMBER OF STORIESMAXIMUM BUILDING HEIGHTPROPOSED FLOOR AREAPROPOSED FLOOR AREA BY USEREQUESTED PARKINGPROVIDED PARKINGSTANDARDHANDICAPPEDTOTALREQUIRED LOADING ZONESPROVIDED LOADING ZONESC3 GENERAL COMMERCIALC3 GENERAL COMMERCIALRETAIL COMMERCIAL USE1.0 ACRES1.0 ACRES (45,463 SQFT)110,669 SQFT23%14,335 SQFT31%31,128 SQFT69%10,669 SQFT135'-0"10,669N/A525250252000Graphic Scale in Feet30'60'90'VARIANCE REQUEST:1. NONE...GRASS AREASNEW CONCRETECity of SouthlakeReviewed for Code Compliance 07/31/2020 10:49:25 AMSkip Vandergrifft
Case No. Attachment D
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CIVIL ENGINEERING DIMENSIONAL CONTROL PLAN
Case No. Attachment E
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IMAGES EASTERN VIEW OF REAR YARD
Case No. Attachment E
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WESTERN VIEW OF REAR YARD
Case No. Attachment E
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SURROUNDING PROPERTY OWNERS
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 O: Opposed To U: Undecided NR: No Response
Case No. Attachment E
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Notices Sent: Thirteen (13)
Responses Received: None (0)