ZBA22-0011 - Staff ReportCITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
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
Case No.
ZBA22-0011
BACKGROUND INFORMATION
OWN ER/
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, 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.
ZBA22-0011
Attachment A
Page 1
00
1240
11201
Vicinity Map
1481 E. Dove Road
A 0
N Chh
CD 1400 1450 �s 1
N 1350 E ERA D CIRt 1490 s 4
1301 1 1351 1 1391 1 1401 1451 1491
r2�
1311 1333 1363
K'7
�?-qo
7
0
0
a
2.175
ux
a
N
J.
ZBA22-0001 I
Variances to Setback
and Lot Coverage
0 90 180 360
Feet
Case No. Attachment B
ZBA22-0011 Page 1
VARIANCE APPLICATION
Case No.
ZBA22-0011
Attachment C
Page 1
f SOUTHLAKE
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: (address/legal description)
FILING FEE: $305.00
Owner:
Applicant (if different than owner):
P
Address Agave
Address:�.�
-SOLA?n�C,k Ic�C
.1 its
Telephone:14 `�i .. c�
Telephone:
Email:
mail: ,
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 / REQUIREMENT.)
t7
... .. � e ......................................................
1:!:�t
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.)
..............}?.L...�-...t.
.........................................................................................
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:
6
,C.. V05L.:-r�:........................................................
Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR
to apply the STANDARD ordinance requirements to your property:
2
...........................................................
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Additionally, inorder for the Board members to vote iDsupport of your application itmust bn
ohnvvn 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 U9construed 8S"Your 8CtiOOo."\
Can you explain how the unique conditions and circumstances affecting your property came to
be, AND SHOW that they ARE NOT the result ofYOUR OWN ACTIONS:
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1.
Furthermore, the Board nnUSt be satisfied that the vGhono8 you are requesting is the K4|N|MUK8
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 baovercome:
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91
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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:
vn� ... .. - -... �, � J6v:..: ..� ...........
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
4
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: 6 ZZ
5
PROPERTY OWNER ACKNOWLEDGEMENTS
Notarized signature of all owners is mandatory.
Use additional sheets if necessary.
Property Ownership Acknowl dgement: As owner of the property described in this al)lication, I understand that my property is
being considered for a Va is c • . I
Signature of Owner Date Z2.
Owner's Name (Typed or Printed)_"19'e
Notary Acknowledgement: Before me, the undersigned authority, on this day personally appeared O3 ` I � net<— f e-r
known to me to be the person whose name is subscribed to the above and foregoing instrument, and knowledge o me that he/she
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 2-2
Q�l
Not ry ublic In an or Texas ';`4 JENNIFER S. MCKELLOP
My Notary ID # 5865218
My commission expires the 10 day of 20 Expires Nov9ptber 30, 2025
e or <
Agent Authorization: 1,
given my permission to
Signature of Owner
ent Authorization (if applicable)
b ��it ip , owner of the aforementioned property do hereby certify that I have
to act as my agent for this variance request.
(ZZ
Owner's Name (Typed or Printed)v C"S'r Q q' i r 1'�� 'e�Y
Notary Acknowledgement: Before me, the undersigned authority, on this day personally appeared 01�`i'V1,✓� e�'
known to me to be the person whose name is subscribed to the above and foregoing instrument, and knowledg4t13 me that he/she
executed the same for the purposes and consideration expressed and in the capacity therein stated.
n
nder my hand and seal of office on this the 44-X day of
ot�ry�Public In an�orTexas Q,l cMy c�\o..//mmission expires the �� day of � v 20 — '"�
20 a' y
2025
EK-M
KELLOP865218r 30,
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AERIAL PHOTO
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ERA
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3
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1351
Case No. Attachment D
ZBA22-0011 Page 1
PLOT PLAN
r-
---------- ------------------------------------------------ --
-------------------------------------------------- 7 ----------
� jRe �
PLOT PLAN
scv.e 1/16-1 -01,
SOU ACREAGE _S
� \ //
Case No.
ZBA22-0011
Attachment D
Page 2
FLOOR PLAN
Case No.
ZBA22-0011
7 m i
1
Attachment D
Page 3
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Fox Fine
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, MARYA
SF1-A
1491 EMERALD CIR
1.21
NR
Case No. Attachment E
ZBA22-0011 Page 1
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)
Case No.
ZBA22-0011
Attachment E
Page 2