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Item 6 - ZBA22-0016 - Staff ReportCase No. ZBA22-0016 S T A F F R E P O R T November 4, 2022 CASE NO: ZBA22-0016 PROJECT: 1615 Mockingbird Lane Domestic Employee or Family Quarters EXECUTIVE SUMMARY: Jackson Yuen 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 8, Block 1, Dove Acres Addition, Southlake, Tarrant County, Texas, and located at 1615 Mockingbird Lane, 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 a proposed accessory building totaling approximately 755 square feet. 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 Department of Planning & Development Services Case No. Attachment A ZBA22-0016 Page 1 BACKGROUND INFORMATION OWNER/ APPLICANT: Jackson Yuen PROPERTY SITUATION: 1615 Mockingbird Lane LEGAL DESCRIPTION: Lot 8, Block 3, Dove Acres Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "SF-1A" – Single Family Residential District HISTORY: - The property was annexed in 1970. - The property was zoned A-3 upon annexation. - The “SF-1A” Single Family Residential District zoning was placed on the property with the adoption of Ordinance No. 480 and the Official Zoning Map on September 19, 1989. - A Plat Showing was approved for the property on April 13, 1979. - A Certificate of Occupancy for the current home was granted on November 28, 1984. - A permit for a 576 square foot detached residential garage was issued on September 5, 2003. WATER & SEWER: Sufficient utilities exist for the property. 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 either as filed or subject to such limitations and requirements as the board deems to be necessary to protect adjacent properties. 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 Case No. Attachment A ZBA22-0016 Page 2 area shall not exceed one thousand (1,000) square feet in districts 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 B ZBA22-0016 Page 1 VICINITY MAP Case No. Attachment C ZBA22-0016 Page 1 SEU APPLICATION 1 ZONING BOARD OF ADJUSTMENT SPECIAL EXCEPTION USE APPLICATION 1400 Main Street, Suite 310 Southlake, TX 76092 Phone: (817) 748-8069 ZBA CASE NO.:____________ FEE: $305.00 Location of Application: (address/legal description) ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Owner: Applicant (if different than owner): Address: Address: Telephone: Telephone: Email*: Email*: *Email should only be provided if you consent to your email becoming part of public record SEU Permit Requested: (Circle # of Request 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: 1615 MOCKINGBIRD LN DOVE ACRESADDITION BLOCK 1 LOT 8 YUEN YACKSON 1615 MOCKINGBIRD LN 408.605.1515 JACK.YUEN@K2SV.IO PERMIT FOR AN ACCESORY BUILDING AS IN-LAW SUITE & POOL HOUSE 2 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 :________________________________ Date: _____________ JACKSON YUEN 10/14/2022 Case No. Attachment D ZBA22-0016 Page 1 AERIAL PHOTO STREET VIEW Case No. Attachment D ZBA22-0016 Page 2 SITE PLAN & ELEVATIONS Case No. Attachment E ZBA22-0016 Page 1 SURROUNDING PROPERTY OWNERS Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Surrounding Property Owner Responses Received as of 12:00p.m., November 4, 2022 SPO # Owner Zoning Physical Address Acreage Response 1 CUNNINGHAM, JEFFREY B SF1-A 1401 ROBIN LN 0.170664049 NR 2 YAN, WEI SF1-A 1626 MOCKINGBIRD LN 0.140621296 NR 3 MINDE, COLLEEN SF1-A 1614 MOCKINGBIRD LN 1.105573734 NR 4 ATHIPATLA, PRASANTH SF1-A 1611 ENCLAVE CT 0.005599659 NR 5 GRIFFITH, RICHARD SF1-A 1612 MOCKINGBIRD LN 1.029938006 O 6 BU DAN SF1-A 1610 MOCKINGBIRD LN 0.735309337 NR 7 HANEY, MARK WILLIAM SF1-A 1625 MOCKINGBIRD LN 0.01506239 O 8 BONAPARTE, FRANK SF1-A 1623 MOCKINGBIRD LN 0.173410502 O 9 MCBEE, LISA SF1-A 1621 MOCKINGBIRD LN 0.172378952 NR 10 BEJCEK GRANT W & OPAL E REVOCA SF1-A 1619 MOCKINGBIRD LN 0.491961598 NR 11 HIGGINS, JOHN D SF1-A 1611 MOCKINGBIRD LN 0.534844299 O 12 WIETZ, CRAIG SF1-A 1613 MOCKINGBIRD LN 0.977818764 O 13 STONE, SETH SF1-A 1617 MOCKINGBIRD LN 1.041126032 O 14 DAHAN FAMILY LIVING TRUST SF1-A 1612 PHEASANT LN 0.301785848 NR 15 CURRENT OWNER SF1-A 1614 PHEASANT LN 0.972644732 NR Case No. Attachment E ZBA22-0016 Page 2 16 MONIER, PHILIP SF1-A 1616 PHEASANT LN 1.060798337 NR 17 SWANSON, LEAH M SF1-A 1618 PHEASANT LN 1.029503558 NR 18 GEIER, ROBERT SF1-A 1620 PHEASANT LN 0.813202138 NR 19 CHILDRESS, AMY MICHELLE SF1-A 1615 PHEASANT LN 0.041045397 NR 20 BOROS, STEPHEN SF1-A 1613 PHEASANT LN 0.005360875 NR 21 TICHENOR, GREGORY A SF1-A 1617 PHEASANT LN 0.021878756 NR 22 IOJA, LUCIAN SF1-A 1622 PHEASANT LN 1.032272333 NR 23 MACKEY, SHAWN M SF1-A 1624 PHEASANT LN 0.936035173 NR 24 VENTIMIGLIA, RAYNE SF1-A 1611 PHEASANT LN 1.063946795 NR 25 BELL, JOHN GARY SF1-A 1619 PHEASANT LN 1.054248837 NR 26 JUDITH L ANDERSON LIVING TRUST SF1-A 1608 MOCKINGBIRD LN 1.022725549 NR 27 MARSH, JAY E SF1-A 1627 MOCKINGBIRD LN 1.01303146 O 28 MITCHELL, TERRY L SF1-A 1610 PHEASANT LN 1.035303084 NR 29 NELSON, MICHAEL F SF1-A 1609 MOCKINGBIRD LN 0.997875558 O 30 SUPERINTENDENT OF CARROLL ISD NR 31 CITY OF KELLER NR 32 SUPERINTENDENT OF KELLER ISD NR 1000 YUEN, ZIMO SF1-A 1615 MOCKINGBIRD LN 1.009712643 U Notices Sent: Responses Received: Thirty-Two (32) Eight (8) From:noreply@civicplus.com To:Ken Baker; Dennis Killough; Madeline Oujesky; Patty Moos; Reagan Rothenberger; Morgan Barclay; HannahMcKenzie Subject:Online Form Submittal: Planning & Zoning Case Input Form Date:Friday, November 4, 2022 11:49:08 AM Planning & Zoning Case Input Form Project Name Separate pool Planning & Zoning Case Number ZBA22-0016 Project Location 1615 Mockingbird Lane, Southlake I am:Opposed Comments / Explanation This structure is not a pool house and given the occupants history of inappropriate rentals (renting a RV unit on the property), this will most obviously be a rental unit. A rental unit would destroy the integrity of the neighborhood. (Section Break) First Name Mark Last Name Haney Address 1625 Mockingbird Lane Phone Number (Optional) 714-206-0127 City Southlake State Texas Zip 76092 Disclaimer This form is to provide feedback on planning & zoning-related requests. Your comments are placed in the related case file as a matter of public record and forwarded to the Planning & Zoning Commission and City Council if action is required by these bodies. Your submission of this form shall not be considered a formal protest under Section 211.006(d) of the Texas Local Government Code unless your signature is uploaded and submitted with this form. ***Please note any forms submitted after four P.M. on the meeting date may not be recorded until the following business day.*** DisclaimerAcknowledgment Yes, I understand Signature (For FormalProtests) thumbnail_20221104_114715.jpg Email not displaying correctly? View it in your browser.