Loading...
Item 7 - ZBA22-0017 - Staff Report13 CITY OF S0UTHLA1<.,.-E Department of Planning & Development Services STAFF REPORT November 4, 2022 CASE NO: ZBA22-0017 PROJECT: 4021 Hilltop Drive — SEU for Setback Reduction EXECUTIVE SUMMARY: On behalf of Nicholas Carter, Robert Leeper is requesting a Special Exception Use, per Ord. No. 480, as amended, Section 44.12(6) for a reduction in the required setback from property lines for a residential accessory building, to be located at Lot 14, Hilltop Acres Addition, City of Southlake, Tarrant County, Texas, and located at 4021 Hilltop Drive, Southlake, Tarrant County, Texas. REQUEST: The purpose of this request is to seek approval of a Special Exception Use to permit a rear yard setback of approximately 10' when 40' is required for a residential detached garage proposed on the site. The applicant contends that the location of existing improvements and topographical issues necessitate the location of the structure. The reduction for the setback is approximately 75% of the required setback. The proposed structure will be approximately 1,200 square feet and approximately 16' in height. ACTION NEEDED: 1) Conduct a public hearing. 2) Consider approval of the requested Variances. ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Application (D) Support Information (E) Surrounding Property Owners Map and Responses STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Dennis Killough (817) 748-8072 Case No. ZBA22-0017 BACKGROUND INFORMATION OWNER: Nicholas Christopher APPLICANT: Robert Leeper PROPERTY SITUATION: 4021 Hilltop Drive LEGAL DESCRIPTION: Lot 14, Hilltop Acres Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: SF-1A - Single Family Residential District HISTORY: - The property was annexed into the City in 1965. - A Plat Showing for the Hilltop Acres Addition was approved by City Council on April 6, 1978. - A permit for the current principal residence totaling approximately 4,224 square feet was issued October 25, 2005. - A Plat Revision for the property was approved by City Council on September 20, 2022. The plat has not been filed as of November 4, 2022. STAFF COMMENTS: The application and exhibits are provided in this Staff Report. 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. Case No. Attachment B ZBA22-0017 Page 1 SPO Map ZBA22-0017 4021 Hilltop ❑r Legend a Address Points City Parcels Right of Way r - _ , City Limit Case Parcel(s) 200 Font Buffer 0 95 190 380 Feet ` _ 300 Foot Buffer Parcels Within Buffer Case No. ZBA22-0017 Attachment B Page 2 SEU APPLICATION Case No. ZBA22-0017 Attachment C Page 1 SOUTHLAKE ZONING BOARD OF ADJUSTMENT VARIANCE APPLICATION 1490 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): Jv C A d 14 .S Cc,, -e1'r _ Address: � ! { ©�� `f G 1 ! Address: L r7 f t� 1V ! Telephone' �_. r �, _ ? Telephone: Ema l- ie r `) w _ Email: �„�� mGr 1+C 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 1 REQUIREMENT.) i s r✓l... .. .... f 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 necessa ry, ) s..i.i. i.► ...t,i.�n.e.....b ... ��v.�OI.�d..` r�. -. �...rC.�? ..�-V� ......... 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; 1 � � P d� ...................................................... Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR to apply the STANDARD ordinance requirements to your property: 1-kc. ... Vo54fv v�.. o� . .. CXS-S ti�c.ect.5...4ra... cy.VlCl. .s.-k".�cc��'e.c�ic).�r.�c(.zr�c�Ec�"r� Additionally, in order for the Board members to vote in support of your application it must be shown 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 be construed as "Your actions.") Can you explain how the unique conditions and circumstances affecting your property came to be, AND SHOW that they ARE NOT the result of YOUR OWN ACTIONS; "�' .5....a�, � .��.}� � � .✓. � ..... ,�'�' . l.h.� C/.l �...�'.�p . -'�.. G .���.� -�S• �'�C�: tom. �' r �. -�� . .............................. ............ Furthermore, the Board must be satisfied that the variance you are requesting is the MINIMUM 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 be overcome: C.4 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: ..... o ... j0 Cawn+..o, '� �. ''- ......................... 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 untess 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. f •' PROPERTY OWNER ACKNOWLEDGEMENTS Notarized signature of all owners is mandatory. Use additional sheets if necessary, Property Ownership Acknowledgement: As o ner of the property described in this application, I understand that my property is being considered for a Variance. — l Signature of Owner Date r! f Owner's Name (Typed or Printed y i'G a e -- Notary Acknowledgement. Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the above and foregoing instrument, and knowledge to me that he/she executed the same for the purposes and consideration ex ressed and in the capacity therein stated. Given under my hand and seal of office on this the day ofdfQcc , D.�A) Notary Public In d For Texas BEVERLY D. KIRKPgTflpCK v@n Notary Public, State of Texas My commission expires the day of LU 20S'W=� Comm. expires 01-14-2024 r�14,M,i+`�+ Notary iD 595012 Agent Authorization (if applicable) Agent Authorization: I, r./�fl�L7(�, �,�-�-�� _ , owner of the aforementioned property do hereby certify that I have given my permission to G , r2 to act as my agent for this variance request. Signature of Owner Date {.�. Owner's Name (Typed or Printed) Notary Acknowledgement: Before me, the undersigned authority, on this day personally appeared known to me to be the person whose name is subscribed to the above and foregoing instrument, and knowledge to 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 /4 day of `� 1, 4 7 ) "/ M 6 A/ - Notary Public Ina For Texas My commission expires the day of fj �t, 20 U01111 \tPjyY P0- BEVERLY D. KlRKPATfiICK r°'� s Notary public, State of Texas q •.,,.' c` Comm. Expires 01-14-2 24 Notary ID 3 50072 6 No Text STREET VIEW z Case No. ZBA22-0017 Attachment D Page 2 SUPPORT INFORMATION Case No. ZBA22-0017 Attachment D Page 3 1 84.78' N------- 8' Utd. Esmnt. -- ---- ---- — ___ - --7n —Proposed Allowable _ 72.02' _--_— _ _- I n e Vanance B g m q,8 —Proposed 8' Util. Esmn_ ,,��' ___---" Caaraa shed 9--- Exist_ ----------------- �— 30' Rear Bldg_ Line — - h- ariance Bldg. LLrre Exist. 36' Rear B dg. Line Exist. r-----„ r Drive a o Exist. Drive v Exist. Garage o E 0 Existing m o Residence o 0 o � O -a V oa Ln Exist. o m Drive v C, a n n 0 0 a _ ——_______ —O �`____— ____J)----- - -- — --------- - _- - _ - - ___— ____--___ 25' Bui e --__— —___— __�� ---- Exist. Drive ------------------------------------ - — ----------------------------- PLOT PLAN - 10' Util. Esmnt. _ _ -___-" SCALE 1 "=10'-0" 204.70' LOT 14R HILLTOP ACRES SOUTHLAKE, TEXAS 4021 Hilltop Drive G a r a g e E l e v a t i o n - r eq Sir i, 4�gry' �1y M ,*s $ � 9 �`i•'N%h� •S' do's ga. d e a W � 9 I Af, e fi �f L* C A � 7 `Sr No Text { vl h 3 :r �1 �,.i` _; §' . �► b , i'. ' t n >� zs r r F „figu is ,�A+� i� 1 N .s1; 4 :. i'`" • w .r \ L ) �r'r� r'' �T�+' d y, '� �r' �,s r � t4 � 4T � r � _h •:F a r ,"' �` .�. wka n�~y�+' 4 `°� S7"s"a`, � ��.✓'� _ `"` ` ` ^:.- s '� / k• s xr ' i °r ` l�eaa �xr *�s'� �,,r �r. y r ���.. � .� r`">r ..;� ✓ i5 _� 4�y� � �' r,�,�x� . , � ' r�2 r �� .s ` � � C i NSF � y3� c 1� � �. i ;, � t"'� .Jla �r s`sa Y'• Y� ,'`L ( � Yi—,...akr �' .v ,gyp. ke ra k v. MM FCn 1! v v -�, " ,:�,xy%. - ':a.r.� x §v-ec "� �r .. 3 i; ,� t Y4'a.:.: .°- ,,..� r<,"_`.�s .r..,` _ �:tY� ><�.;�. a1`,.."'�';���: �::-z�'F _.r.�_"�.rr;,.,�.n.r '*_y"��=?fir.... � ;�...'".��.`.�.�� r, z�.� 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 WINDHAM, PAMELA R SF1-A 3400 HILLSIDE DR 0.640154383 NR 2 U S A AG 1.52497447 NR 3 THOMAS, TOBY D SF1-A 4041 HILLTOP DR 1.245459829 NR 4 HOLCOMB, STEVEN J SF1-A 3450 HILLSIDE DR 0.132574524 NR 5 TAYLOR, SPENCER SF1-A 3360 HILLSIDE DR 1.337887524 NR 6 ROBERTS, DAVID SF1-A 3370 CRESCENT DR 0.353349322 NR 7 DOW, ROBERT EARL SF1-A 3154 HILLTOP DR 1.348350431 NR 8 ORFIELD, JOHN E SF1-A 3171 BRIAR LN 0.944123872 NR 9 REISSLER, RICHARD SF1-A 3320 CRESCENT DR 1.075544691 NR 10 UNRUH, RANDALL SF1-A 3191 HILLTOP DR 1.187223648 NR 11 HEO, JONGYUN SF1-A 3250 CRESCENT DR 1.087285652 NR 12 BLYTHE, JERRY W SF1-A 3151 BRIAR LN 0.311448526 NR 13 HOLMANS, CHARLES F SF1-A 3151 HILLTOP DR 0.294900986 NR 14 BROWN, WILLIAM S SF1-A 3170 BRIAR LN 1.455177249 NR 15 FELDOTTO, CAROL SF1-A 3240 CRESCENT DR 1.78533964 NR 16 LACKEY, CASSIDY L SF1-A 3255 CRESCENT DR 1.550702637 NR 17 CHAD AND CHRISTINE DOELLINGER SF1-A 3225 CRESCENT DR 1.041465111 NR 1000 CARTER, NICHOLAS SF1-A 4021 HILLTOP DR 1.136583697 U Notices Sent: Responses Received: Case No. ZBA22-017 Eighteen (18) None (0) Attachment E Page 1