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Item 5 - ZBA22-0013 - Staff Report REVISEDCase No. ZBA22-0013 S T A F F R E P O R T REVISED: December 15, 2022 CASE NO: ZBA22-0013 PROJECT: 1322 White Wing Court SEU for Accessory Building Setback, Variance to Lot Coverage EXECUTIVE SUMMARY: Michael Cuellar is requesting approval of 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. REQUEST: 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. The proposed detached garage is approximately 550 square feet in size. The lot is a legal non-conforming 9,583 square foot lot. Though SF-20B zoning permits the cumulative area of accessory buildings to encompass up to 600 square feet, the existing home accounts for nearly 27% of the permitted 30% lot coverage, thus leaving only enough coverage available for an approximately 300 square foot building. The applicant contends that this would not fulfill the needs for the structure. The applicant further contends that due to the constraints of the lot, such as the lot size, as well as the size and placement of existing home, there is a need for the setback reduction. 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 Department of Planning & Development Services Case No. Attachment A ZBA22-0013 Page 1 BACKGROUND INFORMATION OWNER/ APPLICANT: Michael Cuellar PROPERTY SITUATION: 1322 White Wing Court LEGAL DESCRIPTION: Lot 32, Block 2, Dove Estate Addition, City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: SF-20B Single Family Residential District HISTORY: - The property was annexed into the City in 1957. - A Final Plat for Dove Estates was approved September 14, 1971. - A residential permit was granted on January 28, 1992 for a home totaling approximately 1,877 square feet. The total coverage of the home (all enclosed spaces) is 2,575 square feet. STAFF COMMENTS: The findings necessary for the Board to approve a Special Exception Use 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 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 Case No. Attachment A ZBA22-0013 Page 2 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. Attachment B ZBA22-0013 Page 1 Case No. Attachment C ZBA22-0013 Page 1 APPLICATIONS 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 Case No. Attachment D ZBA22-0013 Page 1 AERIAL PHOTO Case No. Attachment D ZBA22-0013 Page 2 STREET VIEW Case No. Attachment D ZBA22-0013 Page 3 PLOT PLAN Case No. Attachment D ZBA22-0013 Page 4 ELEVATIONS Case No. Attachment E ZBA22-0013 Page 1 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 WERNIMONT, THEODORE SF20B 1542 FLAMINGO CIR 0.142333879 NR 2 SEAGOVILLE 29 LLC SF20B 1479 FLAMINGO CIR 0.208621586 NR 3 NGUYEN, THANH SF20B 1522 FLAMINGO CIR 0.019662075 NR 4 CHITWOOD, SCOTT SF20B 1459 FLAMINGO CIR 0.352842631 NR 5 CLAXTON, MARK SF1-A 1115 HARBOR RETREAT 0.344426092 NR 6 MCDONALD, BEVERLY SF20B 1439 FLAMINGO CIR 0.233051552 NR 7 TARIQ, SYED SF20B 1379 FLAMINGO CIR 0.078821557 NR 8 KUNREDDY, NAVEEN K SF20B 1399 FLAMINGO CIR 0.211221133 NR 9 MOONEY, CHRISTINE SF20B 1419 FLAMINGO CIR 0.209548136 O 10 KRAVCHENKO ALEKSANDR SF20B 1382 WHITE WING CT 0.012316923 NR 11 REINDERS, MARVIN D SF20B 1362 WHITE WING CT 0.265777315 NR 12 HOAGLAND, SHAUN SF20B 1342 WHITE WING CT 0.290697865 NR 13 NGUYEN, MY SF20B 1302 WHITE WING CT 0.302751388 NR 14 FITTS, JASON T SF20B 1300 WHITE WING CT 0.251275739 NR 15 MCDONALD, JOSHUA J SF20B 1379 WHITE WING CT 0.003787611 NR 16 PUGH, JOHN P SF20B 1359 WHITE WING CT 0.179276574 O 17 WANG, XUN SF20B 1339 WHITE WING CT 0.220853016 NR Case No. Attachment E ZBA22-0013 Page 2 18 OO, PYAYT SF20B 1319 WHITE WING CT 0.221104917 NR 19 HESS, WILLIAM P SF20B 1309 WHITE WING CT 0.259221765 NR 20 JORDAN, JOHN SF20B 1362 BLUE TEAL CT 0.009624194 NR 21 SOLOMON, VERNON G SF20B 1342 BLUE TEAL CT 0.080243565 NR Notices Sent: Twenty-One (21) Responses Received: Zero (0) from within notification boundary, One (1) received from outside notification boundary; 3000 Flamingo Cir. 12/8/22,8:52 AM Mail-Morgan Barclay-Outlook Online Form Submittal: Planning & Zoning Case Input Form noreply@civicplus.com <noreply@civicplus.com> Wed 12/7/2022 5:36 PM To: Dennis Killough <dkillough@ci.southlake.tx.us>;Madeline Prater <mprater@ci.southlake.tx.us>;Patty Moos <pmoos@ci.southlake.tx.us>;Reagan Rothenberger <rrothenberger@ci.southlake.tx.us>;Morgan Barclay <mbarclay@ci.southlake.tx.us>;Hannah McKenzie <hmckenzie@ci.southlake.tx.us> Planning & Zoning Case Input Form Project Name Zoning Change 1322 White Wing Court to build within 2 feet from lot line and develop 34% of lot Planning &Zoning Case ZBA22-0013 Number Project Location 1322 White Wing Court I am: Opposed Comments/ Explanation Opposed to reducing the setback from the current required 10 feet to the requested 2 feet, and opposed to increasing the occupation of building from maximum of 30%to the requested 34% of the lot for a SINGLE family, RESIDENTIAL zoned neighborhood.The changes would result in crowding of the property and set precedent in our Dove Estate neighborhood. (Section Break) First Name Tracey Last Name Adams Address 3000 Flamingo Circle Phone Number(Optional) Field not completed. 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. https://outlook.offce.com/mail/inbox/id/AAQkADZiMTZhYzFiLTNjZWYtNGM3MilhYTk3LTMxMDc5Mzc4YmFlMwAQAPhIJEImBRhBhLgNpopunZg%3D 1/2 12/8/22,8:52 AM Mail-Morgan Barclay-Outlook ***Please note any forms submitted after four P.M. on the meeting date may not be recorded until the following business day.*** Disclaimer Acknowledgment Yes, I understand Signature (For Formal Complete with DocuSign Blank Notification Re (1).zip Protests) Email not displaying correctly?View it in your browser. https://outlook.offce.com/mail/inbox/id/AAQkADZiMTZhYzFiLTNjZWYtNGM3MilhYTk3LTMxMDc5MzG4YmFlMwAQAPhIJEImBRhBhLgNpopunZg°/u3D 2/2 I, Christine Mooney, an abutting property owner to the Applicant, respectfully request that this board reject the Applicant’s Special Exception Use Application because the Applicant has failed to show that it will suffer a hardship without the exception, that the property is unique from surrounding properties, and that the requested relief is the least harmful impact. Granting this variance is beyond the intent of the statute and would simply be arbitrary and capricious. Currently the Applicant is operating a business out of his residence as is evidenced by his Texas Custom Euros Facebook page which lists his business as an Automotive Customization Shop located at 1322 White Wing Court in Southlake. He currently has 6 cars in various state of disrepair in his driveway, 2 cars parked outside in front of his home, and potentially more cars parked inside his current 2-car garage. He has an air compressor that he uses on site as part of his business that operates at multiple times per day for 1-10 minutes at a stretch throughout the day and into the late night hours According to the garage rendering in the application, the Applicant is seeking to build a 30’W x 20’L x 15’H metal prefabricated garage up to 2 feet within his lot line. It should be noted that per the plot plan he submitted the garage is smaller by 2.5 feet width than the rendering submitted with his application, so it is unclear whether the structure he is seeking to build is 27.5’ or 30’ wide. Per our neighborhood zoning, such a structure requires a 10-foot setback from lot lines. Further the additional garage would make his lot 34% developed which is above the 30% limit set by our neighborhood applicable zoning laws. I will now address the circumstances that the Applicant states make his property unique and requiring the exception: 1.The Grade level of my neighbors house is so low grade that the sun sets on my house all day that it makes my house garage, cars and driveway so hot that it’s over 200 degrees during the day. RESPONSE: The Applicant has owned his home since 2012, and the house was built in the 1990s. The Applicant knew of the condition and site of the home when he bought it. He has lived in this house for approximately 10 years. He also knew that he purchased a home in Texas, where the temperature often surpasses 100 degrees in the summer. A reasonable alternative for the Applicant is that he could plant trees as a way to provide his current driveway and home shade, and he could install an air conditioner in his garage. Further the location of the new proposed garage is still on the southern corner of the lot, merely 5 feet from his current garage, and is still unshaded, so unless this new garage is air conditioned it will be in the same fundamental elements as his current garage. 2.The way the garage faces away from the street it’s very difficult to pull the cars in and out of the garage throughout the day. It’s 90 degrees to the street. RESPONSE: The Applicant would easily be able to back in and out of his garage if he didn’t have 6 cars parked in the driveway. His inability to navigate his side garage is due to storing cars in the driveway. Many (approximately 50% on his street alone) of his neighbors have side garages just like him and are able to navigate getting their cars in/out of the garage without incident. As a reasonable alternative, the Applicant could reconﬁgure his current garage and change the trajectory of garage entry, which would only require moving the garage door to the front wall and expanding his driveway. 3.My mother is very sick and is moving in with me and my house is so small and I need to turn my garage into another room for her. This new garage will be for my cars. RESPONSE: If the garage is too hot to perform auto repairs in, it is surprising that the Applicant would put his sick mother in that space. It sounds like a death trap. As a reasonable alternative, the Applicant could renovate and put a second story above his current houses’ footprint. While his mother might be too ill to go upstairs, another occupant within the home is likely well enough to traverse stairs to their 2nd ﬂoor bedroom, allowing one of the three 1st ﬂoor bedrooms for the Applicant’s ill mother. 4.This new garage will be facing away from the sun but also be able to pull in my cars straight all the way from the road. RESPONSE: While the garage door will no longer face the sun, the new garage is still unshaded and in the same physical space on the southern facing side of the Applicant’s lot. As a reasonable alternative, the Applicant could plant trees in order to provide his current driveway and garage shade from the sun. The Applicant can also reconﬁgure his current garage and driveway to have a front-facing egress. The Applicant could also chose to not store 6 cars in his driveway so as to allow himself easy in/out access from the current garage. 5.I have zero shade coverage from the sun and it makes my house and garage very hot and I have some videos showing how hot it gets. RESPONSE: A reasonable alternative is that the Applicant could plant trees in order to provide shade from the sun. The Applicant could also install air conditioning in his current garage. It should be noted that Dove Estates is zoned medium density with a minimum lot requirement of 20,000 square feet. We have clearly been grandfathered in, as our lots are all ~10,000 square feet. Our lots are some of the smallest in Southlake, and our houses are already very close together. The only zoning in Southlake that allows over a 30% developed area is multi- family zoning, which is currently not in use within the city. Quite simply development over 30% in Southlake for residential neighborhoods is unprecedented in our city. In summary, there are other reasonable options that would solve the Applicant’s problems that don’t involve getting an exception to our zoning laws such as: 1.He could plant trees to shade his current driveway and garage 2.He could instead build a second story onto his house which would give him added living space for his ill mother in an area that isn’t subject to 200 degree heat 3.He could reconﬁgure his current garage and change the door and driveway to allow for a straight entry from the street 4.He could add or extend his HVAC system to his current garage 5.He could remove some of the cars from his driveway allowing him better egress into his current garage All of these are reasonable alternatives and would have a lessor impact/harm to his abutting neighbors, and Dove Estates as a whole. Allowing this exception would set a bad precedent for our neighborhood, where there is no other home that has ever been granted a similar exception to our zoning laws. People buy homes relying that the zoning we buy into will be upheld by the city. This is what protects our property values as homeowners. To allow this zoning exception would be arbitrary and capricious and would unfairly damage the value of the surrounding residential homes. I kindly request that you reject the application. Sincerely, Christine Mooney 1419 Flamingo Circle Southlake, TX 76092 Notification Response Form Case Number.' ZBA22-0013 Direct questions and mail responses to: City of Southlake Meeting Date: December 15, 2022 Plann'ng.& Development services -- Notification Response 4ddress of property owner(s) submitting form: 1400.Main`St;±Ste 310 . 1358 White Win Ct Souf6lake;`TX 76692 g Phone.,(817) .748-8621 ` Southlake, TX 76092 Fax ;(817) 748-8077 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 plan referenced above. Space for comments regarding your position: I am empathetic toward the situation faced by the homeowner, but I also feel the proposed solution is not in the best interest of nearby homeowners. Others in the neighborhood,and even on the same street, have made the decision to convert their garage to a living space but have done so within the parameters of the existing rules.The same logic should be applied with respect to any modifications made to this property. I have lived on White Wing Ct for 31 years.We have an appreciation of the planning and zoning rules enacted by the city of Southlake and expect the P&Z commission to uphold those rules. Signature: l am` LW4� Date: i z/I s) 2 Additional Signature: Ra� G" Date: JZ IS 22 Printed Name(s): '�- )(- a c PL-A-cV\ Must be property owner(s)whose name(s)are printed at top. Otherwise contact thd Planning Depbrtment. One form per property. Phone Number (optional):