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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 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. 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