ZBA22-0009 - Staff ReportCITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
June 9, 2022
CASE NO: ZBA22-0009
PROJECT: 720 Cimarron Trail Variance to Side Yard Setback
EXECUTIVE
SUMMARY: Jeffery & Onisa Triebs are requesting approval of a Variance to Ordinance No. 480,
as amended, Sections 15.1 and 14.5.c requiring a side yard of not less than fifteen
(15) feet on property described as Lot 6, Block 4, Vista Trails Addition, an addition to
the City of Southlake, Tarrant County, Texas, and located at 720 Cimarron Trail,
Southlake, Tarrant County, Texas.
REQUEST: The applicant is requesting approval of a Variance to Ordinance No. 480, as
amended, Sections 15.1 and 14.5.c requiring a side yard of not less than fifteen (15)
feet to allow an addition of the home to remain in the setback at approximately 5' 1 ".
The addition was constructed without a permit.
Vista Trails Addition was, for almost fifteen years after its development, not subject to
current zoning standards as part of the Southlake ETJ. At the time of the subdivision
plat's approval in 1973, restrictive covenants state that no building shall be located
nearer to the side lot line than the building setback shown on the plat, and where no
building line is shown, no building shall be located nearer than 5' to any side lot line.
No side setback is shown on the Vista Trails Addition plat, therefore there are several
structures in the neighborhood that followed this standard prior to annexation of the
area in 1988. This appears to have caused confusion, and there have been
subsequent requests for setback variances throughout the neighborhood. The
subject property performed work without a permit, and its non-conformance was
discovered in late 2021 due to research performed for a separate setback
variance request in the neighborhood.
ACTION NEEDED: 1) Conduct a public hearing.
2) Consider approval of the requested Variances.
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.
ZBA22-0009
OWNER/
APPLICANT:
BACKGROUND INFORMATION
Jeffrey & Onisa Treibs
PROPERTY SITUATION: 720 Cimarron Trail
LEGAL DESCRIPTION: Lot 6, Block 4, Vista Trails Addition
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: SF-20B — Single Family Residential District
HISTORY: - A Final Plat (ZA73-025) for Vista Trail Addition was approved on March 6,
1973 while the property was in the ETJ.
- A principal residence with approximately 2,500 square feet of livable floor
area was built in 1974. (Source: TAD).
- The property was annexed into the City in 1988
-The SF20B — Single Family Residential Zoning was placed on the
property with the adoption of Ordinance No. 480 and the Official Zoning
Map on September 19, 1989
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.
ZBA22-0009
Attachment A
Page 1
Vicinity Map
720 Cimarron Trail
005
29097
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ZBA22 -0 009
Setback Variance
0 90 180 360
Feet
Case No.
ZBA22-0009
Attachment B
Page 1
VARIANCE APPLICATION
Case No.
ZBA22-0009
Attachment C
Page 1
��Q%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: (addressllegal de/�cription)
4740
�0,4114 0 9-d-7
FILING FEE: $305.00
Owner: �"e_*j, q�- 71—' e,,',6 f
Applicant (if different than owner):
Address: Zo 6i. -7;c '/
Address:
Soy, lit o F-4-
Telephone: - /03;17Telephone:
Email: !''Ci��S �J •�
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.) TI!�
.a7
1
ZONING BOARD OF ADJUSTMENT
VARIANCE APPLICATION
# 1. We would like to place a very beautifully designed and consistent with the style of the house, car port to cover our
parking area. We would only utilize the area covered by the driveway as originally laid out at the purchase of the home.
We would be further away from the property line than the retaining wall and approximately the same distance
secondary building that was existing at the time of the purchase. The retaining wall and secondary building are less than
six feet from the property line. This covered parking will greatly increase the value and aesthetics of the property and
the neighborhood.
#2. We would not be asking for unique consideration. We have thoroughly surveyed our loop that we live on, Cimarron
Trail and Overland Trail and have found at least 18 houses that either don't have a 15-foot side yard or have a
permanent structure, permanent secondary building, permanent car port or garage that significantly encroach in to the
15 ft. side yard. Many houses are situated less than 15 ft from the property line. Our house, for example is only 10 ft.
from the property line on the south side. Our structure would be consistent with the neighborhood and a large
percentage of the houses already in existence. We feel our project would enhance the neighborhood.
#3. As stated in #2, our request is consistent with a large percentage of the homes in the area, and we feel that it would
be consistent with the style of the neighborhood and the will of the residents.
#4. My neighbors have elected to place, at a minimum 18 permanent structures less than 5-10 feet from their side
property lines. This is a decision we had no influence on or stake in, we are just asking for the same consideration they
were given.
#5. We are asking for our structure to be placed further back than the already existing retaining wall and driveway. We
simply want to protect our vehicles from inclement weather and heat as so many of our neighbors have already done.
this structure will be the minimum size to adequately cover our vehicles.
#6. We submit that we would not be receiving more than fair treatment as, 18 of our direct neighbors have already been
allowed to erect permanent structures within 5-10' from their side property line. We are purely asking for the same
treatment as our neighbors in enhancing our property.
My wife and I are blessed and grateful to live in such a wonderful area. We have strived to better ourselves, our
neighborhood and our community since moving here. We took a stock 1974 ranch and turned it into gem of the
neighborhood, not our words, from many of our fellow residents. My wife is an SVP of a company that employs
thousands of local residents, and I have served as a U.S. Marine, Tarrant Count officer, local fire fighter and EMT, as well
as I continue to serve as a military trainer at NAS Ft. Worth. We are firmly rooted in the community and have served for
years to make this community a better place to live and work. We feel like this carport will enrich our neighborhood and
keep up with the highest community standards.
Please have an outstanding day,
Jeffrey Treibs
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.)
P/ursG k oH...;•C/ #/......
..................................
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:
. P/....................................................................................
t,e - Z
ff
Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR
to apply the STANDARD ordinance requirements to your property:
2
. Z"Irm C.... -!� g�-r ...... ......................................
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:
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:
�l<�sr
... ... �........ t ...................................
3
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:
.�1. �rA.`�.....l� .....Q........................................
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
I?t
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 Agent: Date:
5
PROPERTY OWNER ACKNOWLEDGEMENTS
Notarized signature of all 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 Varigoc .
Signature of Owner.s;;;���Date
Owner's Name (Typed or Printed) ��'�✓� % .
Notary Acknowledgement: Before me, the undersigned authority, on this day personally appeared (/ %y TfeJ 65
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 un r my nd and seal of office on this the day of f/ 20 7_
a ublic In a s .«Yp�,RAFAELALEXAND ORt NN LASCO
J � /r, � � • � � f Texea
My commission expires the day of ( 7
20 5.. ;Notary PuhilC. State o
't= Comm. Expires 47-12-2025
Notary ID 133207037
��/!l111ti�
Agent Authorization (if applicable)
Agent Authorization: i, , owner of the aforementioned property do hereby certify that I have
given my permission to.
Signature of Owner.
Owner's Name (Typed or Printed
to act as my agent for this variance request.
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 , 20
Notary Public In and For Texas
My commission expires the day of 20
AERIAL PHOTO
r,
2018 STREET VIEW
Case No. Attachment D
ZBA22-0009 Page 1
SITE PLAN
0
NORTH
1 10.9 0'
SCALE: I'- 20'-0" w/ l lx17
SCALE: 1' = 10'-0" w/ 22.34
5'"_—_'_—_"—_ '—_ x—_`_—_*—_ "—_ - •_—_ _—_.—__-
POOL EQUIP.
ONE STORY
FRAME
U=
SITE PLAN TABLE
ADDRESSL720 CIMARRON TRAIL, SOUTHLAKE TX
LOT.. 6 BLOCK: 4
LOT SR 19,518 SF
EXISTING SINGLE FAMILY DUELING SF- 3,248 SF
TOTAL EXISTING BUILDING COVERAGE % 16.6%
TOTAL EXISTING IMPERVIOUS COVERACE:9,473 SF
TOTAL EXISTING IMPERVIOUS COVERAGE 9 48.59
2
LOT SF 19,518 SF
PROPOSED SINGLE FAMILY DUELING SF. 4,049 SF a
TOTAL PROPOSED BUILDING COVERAGE 9: 20.1%
TOTAL PROPOSED IMPERVIOUS COVERAGE9,474 SF
TOTAL PROPOSED IMPERVIOUS COVERAGE 9- 48.5%
BUILDER: JEFF TRIBES
DATE: 05-05-2022
POLE
CUSTOMER SIGNATURE:
DATE:
NOTES:
-DRAINAGE FLOW
BL.-BUEAWG LINE
-.—� PROPOSED FENCE
D.E.- DRAINAGEEASEMENT
�o--EXISTIIJGFENCE
PAE-- PEDESTRUNACCESSEASEMENT
t_S.I:. -SANITARY SEWER EASEMENT
j/-CURLEX
TE. TRANSFORMEREASEMENT
\� RETAINING WALL
UE. U H-=EASEMENT
WhLE.- WALLMAIIJT.EASEMENT
®- REQUIREDTREI:F'I.\NI'INt4
ME -NIAIIJTENANCE EASEMENT
Y.e.-1ISIBE-=EASEMENT
,,-F:XIY0SFI)A(,t;REGATECONCRETE
q -REQUIRED BUSH
DDS GROUP
PLOT PLAN
Case No. Attachment D
ZBA22-0009 Page 2
ORIGINAL FLOOR PLAN
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Case No.
ZBA22-0009
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Attachment D
Page 3
ORIGINAL ELEVATIONS
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Case No. Attachment D
ZBA22-0009 Page 4
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Attachment D
Page 6
SURROUNDING PROPERTY OWNERS
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
SPO#
Owner
Zoning
Property Address
Acreage
Response
1
BOWMAN, MICHAEL D
SF20B
2116 CUMBERLAND TR
0.48
NR
2
MILES, ROBERT
SF20B
2112 CUMBERLAND TR
0.49
NR
3
HAMMACK, CHRISTOPHER
SF1-A
855 N PEARSON LN
3.59
NR
4
DAVIS, WILLIAM
SF20B
728 CIMARRON TR
0.51
NR
5
SEAY, SUSAN E
SF20B
729 OVERLAND TR
0.51
NR
6
LEWANDOSKI, ED
SF20B
729 CIMARRON TR
0.50
NR
7
GREEN, GARY D
SF20B
728 OVERLAND TR
0.55
NR
8
GARDNER, LEE
SF20B
725 CIMARRON TR
0.52
NR
9
GOODWIN, GEORGE J
SF20B
724 CIMARRON TR
0.47
NR
10
THOMPSON, ALLAN J
SF20B
725 OVERLAND TR
0.46
NR
11
MUSICK, JOHN
SF20B
721 CIMARRON TR
0.51
NR
12
TREIBS, JEFFREY
SF20B
720 CIMARRON TR
0.47
NR
13
AMMONS, CONRAD
SF20B
721 OVERLAND TR
0.46
NR
14
MCMINN, RANDALL
SF20B
720 OVERLAND TR
0.56
NR
15
EPPERSON, JEFFREY B
SF20B
717 CIMARRON TR
0.54
NR
16
BUA, ERIC
SF20B
717 OVERLAND TR
0.46
NR
Case No. Attachment E
ZBA22-0009 Page 1
17
1 WHEATON, PATSY L
SF20B
716 CIMARRON TR
0.47
NR
18
LERNER FAMILY REVOCABLE
LIVING
SF20B
716 OVERLAND TR
0.57
NR
19
HUGHES, KAILEE MARIE
SF20B
713 OVERLAND TR
0.47
NR
20
SATROM, DENIS C
SF20B
712 CIMARRON TR
0.49
NR
21
MCDONALD, JACK
SF20B
712 OVERLAND TR
0.57
NR
22
ROBERTSON, THOMAS
SF1-A
1607 N PEARSON LN
1.23
NR
23
NEUHAUS, CAITLIN
SF20B
713 CIMARRON TR
0.51
NR
24
GOODRICH, GLENN
SF20B
709 OVERLAND TR
0.49
NR
25
JAMES, CHRISTIE LYNN
SF20B
708 CIMARRON TR
0.48
NR
26
MACDONALD, JESSICA
SF20B
709 CIMARRON TR
0.51
NR
27
HORN, ALVA R
SF20B
2100 CUMBERLAND TR
0.46
NR
28
HORN, ALVA R
SF20B
2100 CUMBERLAND TR
0.24
NR
29
BEAL, ERIC
SF1-A
1595 N PEARSON LN
4.78
NR
30
WEBER, JANICE L
SF20B
2108 CUMBERLAND TR
0.47
NR
31
WEBER, JANICE L
SF20B
2108 CUMBERLAND TR
0.21
NR
32
MADRIGAL, MIGUEL A
SF20B
724 OVERLAND TR
0.58
NR
33
SETTLES, DAVID JAMES
SF20B
708 OVERLAND TR
0.64
NR
Notices Sent: Thirty (30)
Responses Received: None (0)
Case No. Attachment E
ZBA22-0009 Page 2