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ZBA22-0011 - Staff ReportCase No. ZBA22-0011 S T A F F R E P O R T June 21, 2022 CASE NO: ZBA22-0011 PROJECT: 1481 E. Dove Road Variances to Side Yard Setback & Lot Coverage EXECUTIVE SUMMARY: Robert Leeper, on behalf of owners Gregg and Nicole Holtmeier, is requesting approval of Variances to Ordinance No. 480, as amended, Section 9.5(c), requiring a side yard of twenty-five (25) feet and Section 9.5(e), requiring the Maximum Lot Coverage of ten (10) percent on property described as Tracts 1A, 2A, and 2B, Francis Throop Survey, Abstract 1511, City of Southlake, Tarrant County, Texas, and located at 1481 E. Dove Road, Southlake, Tarrant County, Texas. REQUEST: The purpose of this request is to approve a variance to Ordinance No. 480, as amended, Section 9.5(c), requiring a side yard of twenty-five (25) feet to allow an addition of the home to encroach approximately 5’ into the setback, and approve a Variance to Section 9.5(e), to allow lot coverage to exceed the permitted maximum of 10% by approximately 1%. 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 ZBA22-0011 Page 1 BACKGROUND INFORMATION OWNER/ APPLICANT: Gregg and Nicole Holtmeier / Robert Leeper PROPERTY SITUATION: 1481 E. Dove Road LEGAL DESCRIPTION: Tracts 1A, 2A, and 2B, Francis Throop Survey, Abstract 1511, City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Low Density Residential CURRENT ZONING: AG – Agricultural District HISTORY: -The property was annexed into the City in 1957.-The property is unplatted.- An initial principal residence with an unknown construction date, totaled approximately 2,800 sqft in 1994 when a 630 sqft addition was completed, bringing the total square footage to 3,400 sqft.- A partial demolition and addition to the home was permitted in June of 2013, which brought the home to approximately 4,000 square feet. -In 2021, a residential addition added several rooms and an indoor gymnasium, bringing the total square footage to approximately 4,800. 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, and6.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 ZBA22-0011 Page 1 Case No. Attachment C ZBA22-0011 Page 1 VARIANCE APPLICATION Case No. Attachment D ZBA22-0011 Page 1 AERIAL PHOTO 2021 STREET VIEW Case No. Attachment D ZBA22-0011 Page 2 PLOT PLAN Case No. Attachment D ZBA22-0011 Page 3 FLOOR PLAN Case No. Attachment E ZBA22-0011 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Responses: F: In Favor O: Opposed To U: Undecided NR: No Response SPO# Owner Zoning Property Address Acreage Response 1 MUZAFFAR, CHAUDHRY SF1-A 1220 E DOVE RD 1.17 NR 2 JACK SNODGRASS REVOCABLE TRUST SF30 2000 LONESOME DOVE AVE 0.82 NR 3 OLIVER, GARRY LEE SF1-A 1301 EMERALD CIR 1.01 NR 4 PATTERSON, CHARLES SF1-A 1351 EMERALD CIR 1.03 NR 5 SCHNEIDER, RICHARD ALAN SF1-A 1401 EMERALD CIR 1.00 NR 6 WHITE, LINDA SF1-A 1451 EMERALD CIR 1.07 NR 7 BLACKWILL, MARY A SF1-A 1491 EMERALD CIR 1.21 NR Case No. Attachment E ZBA22-0011 Page 2 8 THOMAS, JASON SF1-A 2100 LONESOME DOVE AVE 1.10 NR 9 JOHNSTON, HOLLY SF1-A 1240 E DOVE RD 1.11 NR 10 HOLTMEIER, GREGG AG 0.86 NR 11 CROSS, CARY J SF30 1497 E DOVE RD 0.80 NR 12 HOLTMEIER, GREGG AG 1481 E DOVE RD 1.07 NR 13 MCDANIEL, JIMMY JACK SF30 2050 LONESOME DOVE AVE 0.87 NR 14 VISSERS EMILY A REVOCABLE FAMI SF1-A 1391 EMERALD CIR 0.99 NR 15 HOLTMEIER, GREGG AG 0.21 NR 16 HESSING, CHAD SF1-A 1507 E DOVE RD 2.03 NR 17 ARIZONA LIVING TRUST SF2 1312 GOLDEN GATE DR 5.01 NR 18 HULL, FRANCES SF1-A 1496 E DOVE RD 1.91 NR 19 KILARU, ANIL SF1-A 1363 E DOVE RD 1.21 NR 20 STIBOREK, B J AG 1407 E DOVE RD 0.94 NR 21 LILANI, MANISH SF30 1395 E DOVE RD 0.96 NR 22 CURRENT OWNER SF1-A 1415 E DOVE RD 1.17 NR Notices Sent: Twenty (20) Responses Received: None (0)