ZBA22-0009 - Staff ReportCase No.
ZBA22-0009
S T A F F R E P O R T
June 9, 2022
CASE NO: ZBA22-0009
PROJECT: 720 Cimarron Trail Variance to Side Yard Setback
EXECUTIVE SUMMARY:
REQUEST:
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.
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
Department of Planning & Development Services
Case No. Attachment A
ZBA22-0009 Page 1
BACKGROUND INFORMATION OWNER/ APPLICANT: 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. Attachment B
ZBA22-0009 Page 1
Case No. Attachment C
ZBA22-0009 Page 1
VARIANCE APPLICATION
Case No. Attachment D
ZBA22-0009 Page 1
AERIAL PHOTO
2018 STREET VIEW
Case No. Attachment D
ZBA22-0009 Page 2
SITE PLAN
Case No. Attachment D
ZBA22-0009 Page 3
ORIGINAL FLOOR PLAN
PROPOSED (CURRENT) FLOOR PLAN
Case No. Attachment D
ZBA22-0009 Page 4
ORIGINAL ELEVATIONS
PROPOSED (CURRENT) ELEVATIONS
Case No. Attachment D
ZBA22-0009 Page 5
IMAGES
Case No.
ZBA22-0009 Attachment D Page 6
Case No.
ZBA22-0009 Attachment E Page 1
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.
ZBA22-0009 Attachment E Page 2
17 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)