Item 6 - ZBA22-0016 - Staff Report13 CITY OF
S0UTHLA1<.,.-E
Department of Planning & Development Services
STAFF REPORT
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
Case No.
ZBA22-0016
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 1
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 A
ZBA22-0016 Page 2
VICINITY MAP
SPCA Map ZBA22-0016
1615 Mockingbird Ln
_1627
2.
_1625 k
1 � t
3-_-1623t�
1614 8 1
li _�621
1 MOCKINGBIRD LN _
i 161yr 1
1611 1613 i 1 19 1
161.7 10
11 12 1000 13 i
I I
� I
I• i
4
14
is
1610 et _1612 1614
t
t
t
IW9 tl1401
,
�1608 II 1610 6
1612
r
,1
� 1
10620 ►+
1fi1616 17.1618 l 016?2
■
ti to _ PHEASANTLN
.20 __ ---19 __
1.61i `_ 1613 1615
a
i
(lid
...
01624
Jf
1617
�1619 i621
Legend
o Address Paints
City Parcels
Right of Way
r - �
_ , City Limit
5 _ _ Case Parcel(s)
200 Foot Buffer
0 90 160 360 Feet 4 T 300 Foot Buffer
Parcels Within Buffer
Case No. Attachment B
ZBA22-0016 Page 1
SEU APPLICATION
Case No.
ZBA22-0016
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)
1615 MOCKINGBIRD LN
DOVE ACRESADDITION BLOCK 1 LOT 8
FEE: $305.00
Owner:
YUEN YACKSON
Applicant (if different than owner):
Address:
Address:
1615 MOCKINGBIRD LN
Telephone: 408.605.1515
Telephone:
Email*: JACK.YUEN@K2SV.IO
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:
PERMIT FOR AN ACCESORY BUILDING AS IN-LAW SUITE & POOL HOUSE
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: JACKSON YUEN Date: 10/14/2022
2
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SITE PLAN & ELEVATIONS
-------- ---
Front Elevation (North)
77--7 -;-r-
r.
Rear Elevation (North)
L»U-1ME._,
A -A' Section
Rigliz Elevabor) Mast)
2aik � �i� i �g
Left Elevation (East)
Case No.
ZBA22-0016
Attachment D
Page 2
SURROUNDING PROPERTY OWNERS
' dell
it
1 Ali) ®"
.� L5 16 L7 4BL al'906
r1616 1 i614 161E L616 ri0
♦ 99
i624 "r13az
"' y�uKFF1ELb R
♦16P'/ a1 r16LL, 1613 L615 a161] ' r1EL9 ai621
_ - _ _ _ - .S
I
1 a1 r16111 r�12 r1614 n
� nq „155•
.16" a1Ea.
.. ' ♦1665 rStAF r1fi09 r1E11 ♦afi13 "
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Surrounding Property Owner Responses
Received as of 12:OOn.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 1
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 LANDERSON
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: Thirty -Two (32)
Responses Received: Eight (8)
Case No.
ZBA22-0016
Attachment E
Page 2
Notification Response Form
ZBA22-0015
Special Exception Use for
1615 Mockingbird Lane
Meeting Date: November 10, 2022 at 6:30 PM
Fin out: eI C4H R-0 CRl F F I -t hl
Owner:--t-ACE-Y �r ►� )-fir
Address: 1612, M d C, k_) 0<-6iP 4 L-/j
City, State, Zip Code- � �\C„ V Y
Direct questions and mail responses to:
City of Southlake
Planning $ Development Services
Notification Response
1400 Main St; Ste 310
Southlake, TX 76092 '
Phone: (817)748-8621
Fax: (817)748-8077
E-mail: rrothenberger@ci.southlake.tx.us
776 0 q-z,
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
Copposed
in favor of to undecided about
(circle or underline one)
the proposed Variance referenced above.
Space for comments regarding your position:
` 1 1--1 :a c, Am E- rn ti C Q t-4 e-1 0 try I7r'()A)4' `J P C'
s� _
�C) � C/ papjtiC� a,..4 t;
1)oa c, C e
Signature:
Additional Signature:
,e
Printed Narne(s):
Must be property owner(s) whose name(
Phone Number (optional):
V.
be, U-!'ed ow,, rA, reN �j Pro per-A y �,
Date: 1b-P
Date: I o
Ec(' 1
printed af top. O erwise contact the Planning Department. One form per property.
1I�. 923- 2367
Notification Response Form
ZBA22-6015
Special Exception Use for
1615 Mockingbird Lane
Meeting Date: November 10, 2022 at 6:30 PM
Fill out:
Owner:
Address:
City, State, Zip Code:
Direct questions and mail responses to:
City of Southlake
Planning & Development services
Notification Response
1400 Main St; Ste 310
Southlake, TX 76092
Phone: (817)748-8621
Fax: (817)748-8077
E-mail: rrothenberger@ci.southiake.tK.us
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Variance referenced above..
Space for comments regarding your Position:
This new neighbor has already shown inattention and disregard to City ordinances, whether
intentional or not. When they first moved to the neighborhood, they situated a travel trailer on the
side of the house and rented it to non -family members. When the City was notified by neighbors, the
trailer was moved behind the garage, but the renters remained for several more weeks until further
action was taken by the City.
We are concerned with enforcement of this being a non -rental dwelling.
Signature:
Date:
Additional Si nature: �'r- �- Date:��!
f
Printed Names):
Must be property owner(s) whose name(s) are printed at top, otherwise contact the Planning Department. One form per property.
Phone Number (optional):
Notification Response Form
ZBA22-0015
Special Exception Use for
1615 Mockingbird Lane
Meeting Date: November 10, 2022 at 6:30 PM
Fill out:
Owner: WA
�
Address:
City, State, Zip CodeS� �� "`p Q�
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Variance referenced above.
Space for comments regarding your position:
1 � �5 Sti 11NC� �a
Signature:
Date: ` --�-
Additional Signature: Date:
Printed Name(s): anamle(s)Must be property owner(s) wh are printed at top. Otherwise contact the Planning Department. One form per property.
Phone Number (optional): %k-1 \-&1 --5�n
Notification Response Form
ZBA22-0015
Special Exception Use for
1615 Mockingbird Lane
Meeting Date: November 10, 2022 at 6:30 PM
Fill out:
Owner:
Ir
Address: _16 C 3 M, 0
City, State, Zip Code: SO OVJL414 E; !Y "709 2,
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of (;:opposed to undecided about
(circle or underline one)
the proposed Variance referenced above.
Space for comments regarding your position:
Signature: Date: (1.112 lac) 22
Additional Signature: tf Date: l-��.:�,
Printed Name(s): 0 K A l � %'I E�T Z H� �)t E-f z,
Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property.
Phone Number (optional):
Notification Response Form
Direct questions and rail responses to:
Special Exception Use for
1615 Mockingbird Lane
IMAeeting Date: November 10, 2022 at 6:30 PM
Fillout:
City, State, Zip Code-
17 �
t Z'
City of Sokithlake
Planning & Development Services
Notif°4catior) Response
1400 Main Sit; Ste 310
o4.athlake, TX 78092
Phone: (817)748-8621
Fax, (817)748-8077
E-mail: rrothenberger(i�?c[.SGLlthzike.tx.4,
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX CAR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(S) of the property so noted above, are hereby
in favor of undecided about
(circle or underline one)
the proposed Variance referenced above.
Space for comments regarding your positron:
f ;LL.,le I
Signature:
Additional Signature:
Date: i C11I
Printed acre(.
(Must be property owher(s ) whose narners) are printed ai top. Qthervyise contact the Planning Departmeni. One Farm per property,
Phone Number (optional):
From: noreolvCabcivimlus. com
To: Ken Baker; Dennis Killough; Madeline Ouieskv; Patty Moos; Reagan Rothenberger; Morgan Barclay; Hannah
McKenzie
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
Planning & Zoning
Case Number
Project Location
Separate pool
ZBA22-0016
1615 Mockingbird Lane, Southlake
Opposed
Comments / This structure is not a pool house and given the occupants
Explanation 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.
First Name Mark
Last Name Haney
Address 1625 Mockingbird Lane
Phone Number 714-206-0127
(Optional)
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. ***
Disclaimer Yes, I understand
Acknowledgment
Signature (For Formal thumbnail 20221104_114715.ipg
Protests)
Email not displaying correctly? View it in your browser.
Notification Response Form
ZRA22-" 15
spi-CIA1 Exceptlov Uim'p for
161', Mockingti,rtj Larsu
Voi.--bmj DMe November 10, 2022 -it 6:30 PM
FJIj ")tit,
()weer:
Addme*: b oel
City, State, Zip Code C
Direct questions and mail respons" to
City of Southlake
Planning & Development Services
NotHication Response
1400 Main St. Ste 310
Southlake, TX 76092
Phonie. (917)748.8621
Fax: (817)748-8077
E-mail: rrOithenberger(q)ci.southlake tx tis
. .......... ........... .... . ....
PLEASE PROVIDE COMPLETED FORMS VIA MAIL FAX OR HAND DFLIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
wner(s) of the property sonote(i at)ove, are herebe,
fAvor of opposed undecided about
(circle or underline one)
tt)t� Variance referenced above.
Space for comments regarding your posi son.
L
�A'10 411.0"1 A
Signature:
Additional Signature;
DeW
Date:
Printed Name(s):
MUST tie piropt—. s AIN15* 'Iampis, are pnoited at top Orwiwitse contact 7--k, -ir Of* form per piropeoy
Phone Number (optional):
Notification Response Form
ZBA22-0015
Special Exception Use for
1615 Mockingbird Lane
Meeting Date: November 10, 2022 at 6:30 PM
Fill out:
Owner: rmnki;'41-0-a&Wekc-le,
Address: WE ft)pkn&irj__Lii1
City, State, Zip Code: 0i
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Variance referenced above.
Space for comments regarding your position:-[hvS -prop coy 6oe3 nc+ hcwe 0,-?c-a
691e, I k his
Signature:
Additional Signature:
Printed Name(s): AC(0- 3- �,
Must be property owner(s) whose name(s) are printed at top. Otherwise contact the
Date: i /-J
ng Department. One form per property.
Phone Number (optional):
Q (. CA 4-p-q g-e'� 0- �- 4-he- Sv`
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� DECLA[tATION OF COVENANTS, CUNDITIDNS,
jar t1�j" AND RESTRICTIONS
li DOVE ACRES `
THE STATE Or TEXAS 1,3.01) W 0
COUNTY OF TARPANT 2000 338163 i)VIA) /62
CITY OF SOUTHLAKF.
THAT WHEREAS, ALBERT E. MERLO, hereinafter called Declarant,
is the owner of all that certain real property located in Tarrant
County, Texas, described as follows;
(See EXHIBIT "A" attached hereto and made a part hereof for
purposes of description.)
WHEREAS, the Declarant will convey the above described pro-
perties, subject to certain protective covenants, conditions,
restrictions, Liens, and charges as hereinafter set Forth;
NOW, THEREFORE, it is hereby declared that all of the pro-
perty described above shall be held, sold•, and conveyed subject
to the following easements, restrictions, covenants, and con-
ditions, which are for the purpose of protecting the value and
desirability of, and which shall run with, the real property and
shall be binding on all parties havit;g any right, title, or
interest in or to the above described property or any part hereof,
and their heirs, successors, and assigns, and which easements,
restrictions, covenants, and conditions shall inure to the benefit
of each owner thereof,
ARTICLE ONE
DEFINITIONS
Darner
1.01 "Owner" shall mean and refer to the record owner,
whether one or more persons or entities of the fee simple title
to any Lot or portion of a lot on which there is or will be
built a detached single family dwelling, including contract
sellers, but excluding those having such interest merely as
security for the performance of an obligation,
Properties
1,02 "Properties" shall mean and refer to that certain real
property hareinbefore described, and such additions thereto as
may hereafter be brought within the jurisdiction of the Association.
Lot
1.03 "Lot" shall mean and refer to that portion of any of
the plats of d shown upon the plat and subdivision map recorded
in Volume age _Jq_ of the Map and Plat Records of Tarrant
1. `rt,_ '23�, W1.`(699
►ACC/TRC• TARRANT Doc, 000338163 Daret 08/20/1982 Vol: 0007344 Page: 00628 Page: 1 Of 8
County, Texas, on which there is or will be built a single family
dwelling.
Declarant
1.04 "Declarant" shall mean and refer to ALSERT E. MRLO
his ch
shalleacquirecmoreors thannonessigns, if undevelopeduLotsfromssors Or s
Declarant for
the purpose of development.
ARTICLE TWO
ARCHITECTURAL CONTROL
Architectural Control Committee
2.01 Declarant shall designate and appoint an Architectural
Control Committee consisting of not lass than threw ( 3) qualified
persons, which shall serve at the pleasure of the Declarant. In
no event shall the members of the Architectural Control Committee
incur any liability of any nature because of their acts or failure
to act as a member of the committee.
The Architectural Control aitteemay
seek
the
approval
Of
adjoining land owners of appcommbut shall oto
comply with the wishes.af said adjoining land owners. Al
vacanshallebeewhich filled bycur within a me.joritythe vot.exOf3thetural vemaininrol Committee
gmambers.
Approval of Plane and 99e04>:icatians j
2,02 No building, fence, wall or other structure shall be i
commenced, erected, or maintained upon the Propperties, nor shall
NI
y exterior addition Co, or change or alteration therein, be
made, nor shall any landscaping of any Lot or Lots be undertaken,
until the plane and specifications showing the nature, kind, shape,
height, materials, and location of the name shall have been sub -
height
mitted to, and approved in writing by, the Architectural Control
Committee as to harmony of external degi.gn and location in :
relation to surrounding structures and topography.
Failure of Committee to Act i o
2:03 In the event that any plans and specification are
submitted to the Architectural Control Comi,ttee as provided here- j
in, and such Committee shall fail either to approve or reject such i
plans and specifications for a period of 30 days following such
submisisionapproval by the Committee shall not he required, and
full complance with this Article shall be deemed to have been had,
VOL '23M PACE 629
2.
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ARTICLE THREE
EXTERIOR MAINTENANCE
In the event an Owner of any Lot shall fail to maintain
the promises and the improvements situated thereon in a neat and
orderly manner, the Developer or the Architectural Control
Committee shall have the right, through its agents and employees,
to enter upon said Lot and to repair, maintain, and restore the
Lot and exterior of the buildings and any other improvements
erected thereon, all at the expense of Owner, (Example: Lawn Mowing)
ARTICLE FOUR
USE RESTRICTIONS
Type of Building Permitted
Minimum floor Area and Exterior Walla
4,02 Any single story residence constructed on said Lots
must have a ground floor area of not leas than 1800 square feet,
exclusive of open or screened porches, terraces, patios, driveways,
carports, and garages. Any residence other than a single story
residence must have not less than 1000 square feet of ground floor
living area, exclusive of open or screened porches, terraces, �
patios, driveways carports, and garagee. .The exterior walls of ;
any residence snail consist of not less than 40 percent masonry i
construction unless a variance is approved by the Architectural
Control Committee. All construction shall be completed within
one (1) year after commencement of said construction. i
i
Setbacks i
4.03 No buildings shall be located on any Lot nearer to the I ,
front Lot line or nearer to the side street line than thirty-five i
(35) feet unless a variance is approved by the Architectural
Control. Committee, No aide yards at the front buildLnjg setback
line shall, be lose than 15 feet, Por the purpose of this covenant,
eaves, steps, and open porches shall not be considered as a part
of the building; provided however, that this shall not be con-
strued to permit any portion of the building on any Lot to encroach
upon another Lot. If two or more Lots, or tractions thereof, are
consolidated into a buildin site in conformity with the provisions
of Paragraph 4.04, these building setback provisions shall be
applied to such resultant building site as if it were one original,
platted -Lot, }
3. VOL 1344 PQ 630
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Resubdivieion or Consolidation
4,04 Lots shall not be resubdivided in any fashion except
that any person owning two or more adjoining Lots may consolidate
such lots into building sites, with the privilege of conetrncting
improvements as permitted in Paragraphs 4.02 and 4,03 hereof on
each resulting building site,
Basements
4.05 Easements for the installation and maintenance of
utilities and drainage facilities are reserved as shown on the
recorded plat, No utility company, water district, political
subdivision, or other authorised entity using the easements herein
referred to shall be liable for any damage done by them or their
assigns, agents, employees, or servants, to shrubbery, trees, or
flowers, or to other property of the owner situated within any
ouch easement. All such easements shall be maintained by the
Owner of the property traversed by such easement.
Noxious or Offensive Activities Prohibited
4.06 No noxious or offensive activity shall be carried on
upon any Lot, nor shall anything be done thereon which may be or
may become an annoyance or nuisance to the neighborhood,
Prohibited Residential Usea
4.07 No structure of a temporary character, trailer, mobil
home, basement, tent, aback, garage, or other outbuilding shall
be used on any Lot at any time as a residence, either temporarily
or permanently.
Signs
4.08 No signs of any character shall be allowed on any Lot i
except one sign of not more than five square feet advertising the
property for sale or rent, provided, however, that Deularant and
any other person or entity an a ad in the construction and sale `
of residences within the subdfv�eion shall have the right,
during the construction and sales period, to construct and main-
tain such facilities as may be reasonably necessary ox convenient .y
for such construction and sale, including, but not limited to,
signs, offices, storage areas, and model units.
Oil Development Prohibited
4.09 No oil well drilling oil development operations, oil
refining, quarrying, or mining operations of any kind shall be
permitted on a Lot, nar shall oil wells, tanks, tunnels, mineral
excavations, or shafts be permitted an any Lat. No derrick or
other structure designed for use in boring for oil, natural gag,
734,3 peof 63i
4.
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0
S
or other minerals shall be erected, maintained, or permitted on
any Lot.
Rubbish, Trash and Garbage
4,10 No Lot shall be used or maintained as a dumping ground
for rubbish or trash, and no garbage or other waste shall be
kept except in sanitary containers. All incineratoror other
equipment for the storage and disposal of such materiels shall be
kept in a clean and sanitary condition.
Animals
4,11 No animals, livestock, or poultry of any kind shall
be uralatsed in Control Cuantities ommittee. deemed
following guidelinesythe shallAbehitect-
followed in allowing animals to be kept on the property: One
he aeminimum of one gacre, and one rioned msuch &als Uimal pbe er acrt on e on Lotsots acon-$
tainin two or more acres; one horse per Lot will be allowed on
Lots of hall beup to allowedeon Lotselargerethanran, and two acre and aorses per quarteLot
r.
Fences, Walle, Hedges and Utility Meters
4.12 No fence, wall, hedge, or utility meter shall be
plaoed, or permitted to remain, on any Lot nearer to the street
or streets adjoining auoh Lot than is permitted for the main
residence on such Lot, except for decorative subdivision entry
or other
wixeenaturoe,fshallmbeeconstructedii front ofrthe home building.
Architecturally designed fences (wood, split rail, wrought iron,
inthefront areas, wiand th thehenhance the prior approval the adjacenbe t
property owners.
Trucks, Buses and Trailers
4.14 No truck, bug, or trailer shall be left parked in the
street in front of any Lot except for construction and repair
equipment while a residence or residences are being built or
repaired in the immediate vacinity, and no truck, bus, boat, or
trailer
bparked
e visible driveway stportion of the Lot
insuch manner ast bfrom the stre
Prohibited Activities
4.15 No professional, business, or commercial activity to
which the general public is invited shall be conducted on any Lot.
A
S. IYOL '7344 P& 822
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ARTICLE FIVE
EASEMENTS
Reservation of Easements
5.01 All easements its alleys for the installation and
maittenencs, ofas shown on theuplatbies recordedanddi.niVoiumea3 ,04 PageilitiGsarV I Ofrthe
Map & Plat Records of Tarrant County, Texas. No s ru ery,
fence, or other obstruction shall be placed in any easement or
alleyway. flight of use for ingress and agrees shall be had at
all times over any dedicated easement, and for the installation,
operation, maintenance, repair, or removal of any utility,
together with the right to remove any obstruction that may be
ce with
the use, operation, or installationnofrsuchn
heutility.
ARTICLE SIX
GENERAL PROVISIONS
Enforcement
8.01 anyDproceedinor g atalawOorein quityhave
allthe
restr�etions,
enforce, by
conditions, and reservations new or hereafter imposed by the
provieien of this Declaration. Failure to enforce any covenant
or restriction
herein
itocontaineddo so hall in no event be deemed to
waiverthe
Severability
6,02 Invalidation of any one of these covenants or
restrictions by Judgment or court order shall in no way affect
any other pxovis on, and all other provisions shall remain in
full force and effect.
Duration and Amendment
6.03 The covenants, conditions and reatrictions of this
Declaration shall run with and bind the land, and shall inure to
the benefit of, and be enforceable by, the Declarant or the
owner of any Lot subject to this Declaration, and their respec-
tive legal representatives, heirs, successive, and assigns, and,
unless amended as provided herein, shall be effective for a term
of twenty (20) years from the date this Declaration is recorded,
after which time said covenants, conditions, and restrictions
shall be automatically extended for successive Periods
(10) years, The covenants, conditions, and restrictions of
Chia Declaration may be amended during the first twenty (20)
year period by an instrument signed by not
lass than
80 eriod,t
of the Lot Owners; during any 6 tam
the covenants, conditions, and restrictions of this Declaration
6.„ YCL '7344 PAGE 633
n
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may be amended during the lastbBBnotfany such 1688 Chan 75nPercenteof
period by an instrument signedd Y
the Lot Owners. No amendmenC shall be Texas, noor untilxtherded
in the Deed Records of Tarrant Counxyr
approval of any governmental regulatory body which is required
shall have been obtained.
No restrictions contained herein are in any way meant to
restrict or contain or change in any way laws governing the use
of said propertyy either by the State of Texas, County of Tarrant,
City of Southlake Carroll Independent School District, or any
other govevnmahtal body.
The undereiggnnad, ALBERT E. MCRLO, for express purpose of
developing Dove Eras, being the owner of plotted iota in Dove
Acres, does hereby in this instrument and by his signature above
w�
ratify the restrictions placed on the use or the Property
described, but asavnaso no liability or obligati=s in connections
therewith.
Executed by the said Declarant this
¢day of .
1982.am
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally
E. MERLO, known to me to be the person whose
appeared ALBERT
name is subscribed to the foregoing instrument, and eoknpwledged
to me that he executed the same for the purposes and consideration
therei ,expressed, and in the capacity therein st��day
;�. �.of
��4mUNDER My HAgD AND SEAL OF OFFICE this
u
or the
ary PubT+� n estate
County of Collin, oQ Texas
[� \
rrk,4jgla tlp+ip�s}.tie..,;"; :'
14ynr,.expir es: _
�ies
7. 1.14L4 phtf 634
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*ACS/TRC* TARRANT Doc: 000338163 Date: 08/20/1982 Vol: 0007344 Paga, 00628 Page: 7 Of B
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YCL 17344 PACE 635
*AC8/TRC* TARRANT Docs 000338163 Dates 08/20/1992 Vol; 0007344 Paget 00628 Pages 8 of 8