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ZBA22-0013 - 1322 White Wing Ct - WITHDRAWNPUBLIC HEARING NOTICE ZBA22-0013 Dear Property Owner: A request for a Special Exception Use and Variance has been filed with the Board of Adjustment of the City of Southlake. The purpose of the hearing is to consider a request for a variance to Ordinance No. 480, Sec. 14.5(e), as amended, requiring the Maximum Lot Coverage of thirty (30) percent, and Special Exception Use per Ordinance No. 480, Sec. 44.12(6), as amended for a reduction in the required setback for an accessory building, for property described as Lot 32, BLK 2, Dove Estate Addition, Southlake, Tarrant County. Current Zoning: “SF-20A” Single Family Residential District. The purpose of this request is to permit a reduction of the required 10’ setback of the proposed accessory building to as close as 2’ in the side and rear yard, and to permit lot coverage of 34% where a maximum of 30% is permitted at a property addressed as 1322 White Wing Court, Southlake, Texas. If you wish to register your views on the matter, you may complete and send the enclosed Notification Response Form to the Planning & Development Services Department. You are encouraged to follow the requested action through final approval because changes are often made during the review process. Please note that this letter and its attachments constitute written notice about the proposed request. Please contact the Planning and Development Services Department if you have any questions: Project Contact: Reagan Rothenberger, E-mail: rrothenberger@ci.southlake.tx.us, Phone: (817) 748-8602. Dept. Phone: (817) 748-8621 CITY OF SOUTHLAKE PLANNING & DEVELOPMENT SERVICES 1400 Main St.; Suite 310 Southlake, TX 76092 Phone: (817) 748-8621 Fax: (817) 748-8077 www.cityofsouthlake.com Board of Adjustment Thursday, December 15, 2022 6:30 PM Town Hall Council Chambers 1400 Main Street Southlake, Texas Notification Response Form ZBA22-0013 SEU and Variance for 1322 White Wing Ct. Meeting Date: December 15, 2022 at 6:30 PM Fill out: Owner: _____________________________ Address: ____________________________ City, State, Zip Code: __________________ 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: ______ Additional Signature: _______________________________ Date: ______ Printed Name(s): _____________________________________________ Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): ______________________________________ 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 SPO Map ZBA22-0013 1322 White Wing Ct 1519 1 1 3110 C 3 j1499 159z lszz \150z i_ Q20 gpOp Ja 3 Z I . FIAMINGO C[ 1959 4 14391419 1399 13A II 1359 30 6 9 8 40 5 13 13W 1392 1362 Italy- \ 1115 12 11 1 1402 30H 1300 WHITE WI R \ � 19 \ 1309 19 18 1 16 13>9 139. 1403 17 13 1319 3 22 21 1 1362 14p3 E960 1318 1392 1363 , , - �E TEAL I� ~ Legend ess w\ Rig t(R Poly OFF Parcels ( RI9M1 U Way City Limit 5 - Case Parcel(s) Q 200 Feet Buffer 0 10 140 2W Feet 300 Foot Buffer Yw� YA 0 O Parcels Within Buffer SOUTHLAKE DEV_� 5ER`✓ICES 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) 13aL F4 _,Lccilftlodu.l T 7 to 0 V, Owner: nA i 1.te Applicant(if different than owner): Address: .2 I "n Address: IP©�li Telephone: Y10q_ -7(.P y3 Telephone: Email*: b7 i I ma-W LloykL4 Email*: *Email should only be provided if yo sent 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 Home Swimmi ssons #5) Non-Cr mmaraial A atellite 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: ® �� L-l( 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. Date: Signature of Owner or Authorized Agent : CS _ L PROPERTY OWNER ACKNOWLEDGEMENTS Notarized signature of all owners is mandatory. Use additional sheets if necessary. Property Ownership Acknowledgement:As owner of the property described in this application, I understand that my property is being considered for a Special Exception Use Pergiit Signature of Owner Date Owner's Name(Typed or Printed) � ���Z Notary Acknowledgement.,Before me,the undersigned authority, on this day personally appeared MJG�tRe C ulle ✓• 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 159 —day of�/tl^��V — —. 20 7 2. ota Public In and For Texas ."rnvn''. ry � .�P,,,om, MICHELLEDEVOSS ?r' �=Notary Public, State of Texas My commission expires the 2 6 day of SG! o' &Lc 20 2'7 ""r •+P Comm. Expires 09-20-2023 %0 Notary ID 128751055 Agent Authorization (if applicable) Agent Authorization:I, , owner of the aforementioned property do hereby certify that I have given my permission to to act as my agent for this special exception use permit 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 day of . 20 Notary Public In and For Texas My commission expires the day of 20 3 SOUTHLAKE PLANNING&DEVELOPMENT SERVICES ZONING BOARD OF ADJUSTMENT VARIANCE APPLICATION 1400 Main Street, Suite 310 Southlake, TX 76092 Phone: (817) 748-8069 Email: PlanningSubmittal@Ci.Southlake.Tx.Us ZBA CASE NO. � ®� FILING FEE: $305.00 Location of Application: (address/legal description) 5a z .�C W�� C4 sct.-M la 14-F" -A0®q-)- Owner: �'u�illa�' Applicant (if different than owner): Address: 1111 Address: ' - -Abya 0902, Telephone:g 17 — 778 Z Telephone: Email: •S7 QV VetGo coYti— Email 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.) ...........ofc— �911.k..... �.... �e� �'c??it....�V!�.. )................... ................................................................................................... ................................................................................................... ................................................................................................... .................................................................................................. ................................................................................................... Z 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.) ... ... ... ....................... .................. ................... ............ ... ��... �.....4� �..... 5' f.� ............................................. ................................................................................................... ................................................................................................... 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: o.. � e.0. ...e......m ...� ......... ...6AR.... MI..hAK... D.4 ....... .............. :.�11r► e_.. .a�.. �.� ..� Qie..: e5... ?�t • ��R � �h�.�t�� tip..+�►�- . a. . -r.�:.y.....�'���.:.To.:���..5.:���.�' 3.....1"!►1.y....t a� ...4.5...PrY.. f. ..040.vl +. ..�.!, .)nV q � 1 h4a CL ke A r6oyn Ev Y t Ji �4t j-t w Exp ain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR to apply the STANDARD ordinance requirements to your property: 2 ...:... ��y.,v�n... .!�.A ...s n...b �+(...�1 v..y..bt....AtA...t ... �.�r. 5..°..,� .... f� ....Z . v ....��.�►�3v�.? ...C.� ✓?1��a �:../.. ��?rn... t 5.>n. .... tir�...J4....K.4li 0 ....Iny...ka�ts:e... Y�a .A.0 ...�a.1...a...�.KIII.,................................................... ................................................................................................ . ................................................................................................ 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: ...................................................... ................. ............................ �......C?0.�4 /. ....'�! ................................................................................................... ................................................................................................... ................................................................................................... ................................................................................................... ................................................................................................... ................................................................................................... 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: .................................................................................................... 3 ................................................................................................... ................................................................................................... ................................................................................................... ................................................................................................... ................................................................................................. ................................................................................................... ................................................................................................... ................................................................................................... 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: .................................................................................................... .......�k1i6.....1'�.....6.0)....-1�! t ..... c�.��.....w.Gt ....(3.h,'.a f ... ........bjack....i ....�!'At......�1.�.s............................................... ................................................................................................... ......460.....v�fl....'IL�r.ct.S.�C....i`s..j.� ' .Q.. �.�a�.... /PAe....o.�t.. ......49.e4......�' % ....V.(A,5....i.rS1.....�.�����.�e...�1.�' t.A). ..:e....t��f1�ti1 1,� .. yen! ¢ 2 kV2 ..l.�uld....P. �.�...A-A.... tO1�e/��bu�? 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: /' 5 Date:Av-70,3.9, 5 PROPERTY OWNER ACKNOWLEDGEMENTS Notarized signature of all owners is mandatory. Use additional sheets if necessary. Property Ownership Acknowledgement:As owner of the property described in this application, I understand that my property is being considered for a Variance. // q Signature of Owner Date Owner's Name(Typed or Printed) /,C4m _ We/ &CNx 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 I day of /W F'D'VtN/JA,,L , 20_Z Z . / r � CATHERIN7JE Notary Public In and For Texas _?":`.P�o',, Notary Public; sexasMy commission expires the f day of �'"' '�(�"{ 20' q: r Comm.Expires024Notary ID 12 -4 Agent Authorization (if applicable) Agent Authorization:I, ,owner of the aforementioned property do hereby certify that I have given my permission to 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 day of 20 Notary Public In and For Texas My commission expires the day of ,20 6 Lot No. 32 Block 2 No. 1322 One Story Brick Residence Lot No. 31 Lot No. 33 Lot No. 42Lot No. 43 Meas.: N 89°30'19" E 115.00'Meas.: S 00°10'49" W 111.10'Meas.: S 89°30'19" W 31.14' L27 . 4 9 ' R35 . 0 0 ' L47. 5 8 ' R50. 0 0 'Meas.: N 09°51'06" W87.77'By graphic plotting only, this property is in Zone X of the National Flood Insurance Rate Map, Community Panel No. ____________, which bears an Effective date of ____________and is not in a Special Flood Hazard Area. As shown on the FEMA website (http://msc.fema.gov) by FIRMette created on [TODAYS DATE] we have learned this community does currently participate in the program. No field surveying was performed to determine this zone and an elevation certificate may be needed to verify this determination or apply for a variance from the Federal Emergency Management Agency. I, J. Scott Cole, Registered Professional Land Surveyor No. 5411, do hereby certify that this plat is the result of a survey made by me or under my direction on the ground of the property shown hereon, the lines and dimensions of said property being as indicated by this plat. The size, location and types of buildings and improvements are as shown, set back from the property lines the distances indicated. Evaluation of Restrictions and Easements of record which may affect this property, if any, has been limited to those provided from Schedule B of the title commitment. Visible and Apparent Easements, if any, are as shown. Bearing Source: All bearings are based on Texas State Plane Coordinate System, North Central Zone. S I T E P L A N1322 White Wing Court Being Lot 32, Block 2, of the Dove Estate, an Addition to the City of Southlake, Tarrant County, Texas, according to the Map or Plat thereof recorded in Volume 388-69, Page 49, of the Map or Plat Records of Tarrant County, Texas. JOB # ________ SCALE ________ DRAWN BY _____ CHECKED BY _____#1:20## TM RESIDENTIAL & COMMERCIAL SERVICES | DALLAS - FORTWORTH I, J. Scott Cole, Registered Professional Land Surveyor No. 5411, do hereby certify that this plat is the result of a survey made by me or under my direction on the ground of the property shown hereon, the lines and dimensions of said property being as indicated by this plat. The size, location and types of buildings and improvements are as shown, set back from the property lines the distances indicated. This survey was performed without the benefit of a current title commitment. There may be matters affecting this property that only a current title commitment would reveal. Undersigned assumes no libility for such matters, Visible and Apparent Easements, if any, are as shown. The elevations and grading patterns are as shown and were developed from a survey on the ground of subject property, and accurately depict the grades as they existed on this date. The grading patterns as shown hereon are based on current conditions at the time of the survey and are subject to change as they are influenced by man and/or nature, or other factors. This survey may not depict the grading patterns of this property after the date of this survey. the homeowner must maintain the grading patterns to properly drain the water away from the structures shown hereon. Bearing Source: All bearings are based on Texas State Plane Coordinate System, North Central Zone. 2221 Justin Road, #119-466 Flower Mound, TX 75028 Texas Firm Registration No. 10014600 PH: (214) 919-7883 www.ssctx.net I, J. Scott Cole, Registered Professional Land Surveyor No. 5411, do hereby certify that this plat is the result of a survey made by me or under my direction on the ground of the property shown hereon, the lines and dimensions of said property being as indicated by this plat. The size, location and types of buildings and improvements are as shown, set back from the property lines the distances indicated. This survey was performed without the benefit of a current title commitment. There may be matters affecting this property that only a current title commitment would reveal. Undersigned assumes no libility for such matters, Visible and Apparent Easements, if any, are as shown. Bearing Source: All bearings are based on Texas State Plane Coordinate System, North Central Zone. G.F. No: No Title Provided G.F. No: GF Number G.F. No: GF Number JOB #: 2212671 SCALE : 1" = 20 ' DRAWN BY : JCN CHECKED BY : SC I, J. Scott Cole, Registered Professional Land Surveyor No. 5411, do G.F. No: No Title ProvidedDate: 10/20/2022 * Site Plan with current Zoning Ordinances from the City of Southlake. BACK FRONT LEFT SIDE RIGHT SIDE