ZBA22-0010 - Staff ReportCITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
June 9, 2022
CASE NO: ZBA22-0010
PROJECT: 1355 N. Peytonville Ave. Domestic Employee or Family Quarters
EXECUTIVE
SUMMARY: On behalf of Murray and Wendy Starkel, Jeff Polk is requesting approval of a Special
Exception Use per Ord. No. 480, as amended, Section 44.12(1) for a Domestic
Employee or Family Quarters on property described as Lot AR2, Block 1, Burger
Addition, Southlake, Tarrant County, Texas, and located at 1355 N. Peytonville Ave.,
Southlake, Texas. Current Zoning: "SF-1A" Single Family Residential District.
REQUEST
DETAILS: The applicant is requesting approval of a Special Exception Use per Ord. No. 480, as
amended, Section 44.12(1) to allow a Domestic Employee or Family Quarters in an
approximately 943 square foot accessory building. Though the applicant has stated
that their intent is not to use the building for residential purposes, the accessory
structure has many characteristics of an accessory dwelling, i.e., kitchenette,
bathroom. To ensure compliance and to allow for flexibility of use, staff recommended
applying for the SEU.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider approval of a Special Exception Use
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Application
(D) Supporting Information
(E) Surrounding Property Owners Map and Responses
STAFF CONTACT: Reagan Rothenberger (817) 748-8602
Dennis Killough (817) 748-8072
Case No.
ZBA22-0010
BACKGROUND INFORMATION
OWNER: Murray and Wendy Starkel
APPLICANT: Jeff Polk
PROPERTY SITUATION: 1355 N. Peytonville Ave.
LEGAL DESCRIPTION: Lot AR2, Block 1, Burger Addition, Southlake, Denton County, Texas
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "SF-1A" —Single Family Residential District
HISTORY: - The property was annexed in 1956.
- "SF-1 A" Single Family Residential District zoning was placed on the property
with approval of Ordinance No. 480-348 in 2000.
- A former home was recently demolished, and a new home is currently under
construction on the site.
WATER & SEWER: The property is served by a 12" water line along N. Peytonville Ave. The
property is serviced by a septic system. All utilities for the family quarters must
be on the same meter as the principal dwelling.
STAFF COMMENTS: 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 Special Exception Use Permit for servants or family
quarters in Zoning Ord. 480, Section 44.12(1) are below:
The requirements for Special Exception Use Permit for domestic employee or
family quarters in Zoning Ord. 480, Section 44.12(1) are below:
a) Domestic employee or family quarters, which are not otherwise
permitted as an accessory use under Section 34.1 of this ordinance,
are permitted in districts zoned AG, RE-5, RE-7, RCS, SF1-A, SF1-B,
SF-2, SF-30, and approved single family residential uses in the DT
zone.
b) Domestic employee or family quarters are only for residents employed
on the premises or family members of the owner of the premises and
shall not be rented or otherwise used as a separate domicile.
c) The quarters shall be accessory to and subordinate to the principal
single-family use and structure except that the gross inhabitable floor
area shall not exceed one thousand (1,000) square feet in districts
Case No. Attachment A
ZBA22-0010 Page 1
zoned SF-30 and shall not be counted toward the sum total of
accessory building area, but shall be counted toward the maximum
permitted lot coverage.
d) All utilities must be on the same meter as the principal dwelling.
e) A separate septic system from the principal dwelling is required if the
quarters are housed other than in the principal dwelling and cannot be
accommodated by the existing system.
Case No. Attachment A
ZBA22-0010 Page 2
Vicinity Map
1355 N. Peytonville Ave.
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Special Exception Use
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Feet
Case No. Attachment B
ZBA22-0010 Page 1
SEU APPLICATION
Case No.
ZBA22-0010
Attachment C
Page 1
SOUTHLAKE
PLANNING & DEVELOPMENT
SERVICES
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION USE APPLICATION
1400 Main Street, Suite 310
Southlake, TX 76092
Phone: (817) 748-8069
ZBA CASE NO.:
Location of Application: (address/legal description)
1355 N. Peytonville Southlake, TX
FEE: $305.00
Owner:
MURRAY AND WENDY STARKEL
Applicant (if different than owner):
JEFF POLK
Address: 1355 N. Peytonville Southlake, TX
Address:1904 INDUSTRIAL BLVD. SUITE 104
Colleyville, TX 76034
Telephone: 9$5-237-3082
Telephone: 817-829-0040
Email*: msarkel@bigmcap.com
Email`: jell@buildlodge.com
*Email should only be provided it you consent to your email becoming part of puonc recora
st per Section 44.12)
#�1 } Domestic Employee or Family Quarters) #2) Accessory Building > Size Permitted #3) In -Home Daycare
#4) In -Home Swimming Lessons 5) Non -Commercial Antennas and Satellite Dishes > Height Permitted
#6) Setback Reduction for Residential Accessory Building or Structure #7) Accessory Building Located
Forward of the.Principal Building on the Lot
Reason for Application:
pool cabana planned for extra living area that could by design also be used as a dwelling although not
intended for this purpose.
1
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 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: Q�& Pe& Date: 05/16/2022
2
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 Special Exception se ermit.
Signature of Ow r Date*4—_
Owner's Name (Ty�ed Printed) AR►I'EI
Notary Acknowledgement. Before me, the undersigned authority, on
known to me to be the person whose name is subscribed to the above
executed the same for the purposes and consideration expressed and
this day personally appeared �e '1 -'k j
9
and foregoing instrument, and knowled to me that h he
in the capacity therein stated.
Given under my han and se f office on this the �� day of a 20 �Z
Notary Public In a d FarT as t;v a,„ �Yi_rJ f1TIFf ^L j I
M commission expires �-/ day of AVti 2Q j .;1t `n �utm . E-, c, 5tatr o Ve:x s�.?
Y P Y ., Comm. F�:r7ires O"i
r „tor 5 �ti AIf Pdf 1�3 fi ' 1 I ;
Agent Authorization (if applicable)
Agent Authorization: 1, �-41— Ek r W901 MUQK owner of the aforementioned property do hereby certify that I have
given my permission to L1 Y1'fbLij, to act as my agent for this special exception use permit
request.
Signature of Ow r Date
Owner's Name (Type r Printed)i�i>.4&M 1 !n(�IC� afflZL_
Notary Acknowledgement: Before me, the undersigned authority, on this day personally appeared -f-gfj{
known to me to be the person whose name is subscribed to the above and foregoing instrument, and knowle a to me that he/she
executed the same for the purposes and consideration expressed and in the capacity therein stated.
Given under my hand nd T
r office on this the day of A , 20 2 2
Notary Public In a d :Ts -
Mycommissionexp s day of 20
S t 1' ni it iw,ovr ,
:.j, uy �V c, uYsltc� of (Exas :j
AERIAL PHOTO
STREET VIEW
Case No. Attachment D
ZBA22-0010 Page 1
SITE PLAN & ARCHITECTURAL RENDERINGS
Case No.
ZBA22-0010
Attachment D
Page 2
SITE PLAN
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ACCESORY - CABANA - SOUTH ELEVATION
ACCE50RY - CABANA - NORTH ELEVATION
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ACCESORY -CABANA -EAST ELEVATION
ACCESORY - CABANA - WEST ELEVATION
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ROOF PLAN
ACCESORY - CABANA - FLOOR PLAN
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SURROUNDING PROPERTY OWNERS MAP
SPO #
Owner
Zonin
Physical Address
Acreage
Response
1.
MCSWEENY, JOSEPH
RPUD
1601 KINGS CT
0.71
NR
2.
LEWIN, JULEEANNA
RPUD
1601 DEVON CT
0.79
NR
3.
FORREST, JAMES K
RPUD
1600 DEVON CT
0.67
NR
4.
SEIPEL, HENRY S
RPUD
1600 KINGS CT
1.17
NR
5.
DORR, ZACHARY
RPUD
930 TURNBERRY LN
0.52
NR
6.
HODKINSON MARK ALLEN
SF1-A
1201 CYPRESS CREEK CIR
2.15
NR
7.
ZAIS, THOMAS
SF1-A
1241 CYPRESS CREEK CIR
1.66
NR
8.
CARNAHAN, NANCY
SF1-A
1435 N PEYTONVILLE AVE
3.03
NR
9.
PLUMMER, KRISTEN L
RPUD
928 TURNBERRY LN
1.00
NR
10.
TRAYNOR, PAUL A
SF1-A
1425 N PEYTONVILLE AVE
1.00
NR
11.
DEPUMPO, JOSEPH
RPUD
927 TURNBERRY LN
0.64
NR
12.
BRADLEY, RANDOLPH J
SF1-A
1375 N PEYTONVILLE AVE
1.01
NR
13.
WALSH, JERRY
RPUD
1404 EXETER CT
0.58
NR
14.
KHAN, SHAHRUKH
RPUD
1403 EXETER CT
0.69
NR
15.
WEBER, JEFFREY
RPUD
922 TURNBERRY LN
1.00
NR
16.
BOITMANN, PAUL G
AG
1315 N PEYTONVILLE AVE
0.30
NR
17.
FARROW, JAMES T
SF1-A
1211 CROSS TIMBER DR
1.33
NR
18.
JANES, ARTHUR R
AG
1330 N PEYTONVILLE AVE
5.31
NR
19.
JANES, ARTHUR R
AG
1318 N PEYTONVILLE AVE
8.61
NR
20.
SMALL, JULIET M
RPUD
920 TURNBERRY LN
1.02
NR
21.
BURGESS, GLEN B
AG
1285 N PEYTONVILLE AVE
2.99
NR
22.
BURGESS, GLEN B
AG
1253 N PEYTONVILLE AVE
1.68
NR
23.
KARLSSON, KIM ROGER
RPUD
924 TURNBERRY LN
1.01
NR
Case No.
ZBA22-0010
Attachment E
Page 1
24.
STARKEL, MURRAY P
SF1-A
1355 N PEYTONVILLE AVE
5.05
NR
25.
DIGIOVANNI, RYAN
RPUD
926 TURNBERRY LN
1.00
NR
26.
BOITMANN, PAUL G
AG
1325 N PEYTONVILLE AVE
3.64
NR
Responses: F: In Favor
Notices Sent:
Responses Received:
O: Opposed To U: Undecided NR: No Response
Surrounding Property Owner Responses
Twenty -Four (24)
None (0)
Case No.
ZBA22-0010
Attachment E
Page 2