Loading...
ZBA23-0003 - Staff ReportCase No. ZBA23-0003 S T A F F R E P O R T February 10, 2023 CASE NO: ZBA23-0003 PROJECT: 3057 Loch Meadow Court – SEU for Setback Reduction and Variance to Building Height for Accessory Structure EXECUTIVE SUMMARY: REQUEST: On behalf of John Holbrook, Robert Leeper is requesting a Variance to Zoning Ordinance No. 480, as amended, Section 34.2.(c), requiring that an accessory building shall not exceed fourteen (14) feet in height, and Special Exception Use, Per Ord. No. 480, as amended, Section 44.12(6) for reduction of the required setback for a residential accessory structure on property described as Lot 14R2, Block 1, Loch Meadow Estates, an addition to the City of Southlake, Tarrant County, Texas, and located at 3057 Loch Meadow Court, Southlake, Tarrant County, Texas. The purpose of this request is to seek approval of a Special Exception Use to permit a side yard setback of 10’ when 20’ is required, and a Variance to permit a height of 16.5’ when 14’ is permitted, for a residential detached garage proposed on the site. The proposed structure will be approximately 435 square feet. Accessory structures under 500 square feet in area are permitted to be placed as close as 10’ to rear yard property lines when placed to the rear of the primary structure. This structure is proposed to be placed in the side yard on the north side of the subject property. It is therefore required to meet primary structure setbacks of 20’. The structure is under 500 square feet, and is restricted to 14’ in height, measured at the average height of the highest gable. The proposed structure is 16.5 in height. The applicant contends that the proposed height would allow the design to be more cohesive with the roof pitch of the existing home. Furthermore, the height allows for the storage of a sprinter van, the primary use of this structure. The proposed accessory structure will be built adjacent to Corps of Engineers land and would not be immediately visible from adjacent residential properties. The reduction for the setback is approximately 50% of the required setback. The proposed height exceeds the maximum permitted height by approximately 14%. ACTION NEEDED: 1) Conduct a public hearing. 2) Consider approval of the requested Special Exception Use and Variance. ATTACHMENTS: (A) Background Information (B)Vicinity Map (C)Applications Department of Planning & Development Services Case No. ZBA23-0003 (D)Support Information (E)Surrounding Property Owners Map and Responses STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Jennifer Crosby (817) 748-8195 Attachment A Case No. ZBA23-0003 Page 1 BACKGROUND INFORMATION OWNER: John Holbrook APPLICANT: Robert Leeper PROPERTY SITUATION: 3057 Loch Meadow Court LEGAL DESCRIPTION: Lot 14R2, Block 1, Loch Meadow Estates LAND USE CATEGORY: CURRENT ZONING: Low Density Residential "SF-1A" - Single Family Residential District HISTORY: -The property was annexed into the City in 1988. -A Plat Revision creating Loch Meadow Estates out of the South Lake Park Addition, was approved by City Council on January 19, 1999. -A Plat Revision for lots 14R1 and 14R2 was approved by City Council on February 18, 2003. - A permit for the current principal residence totaling approximately 8,100 square feet was issued March 5, 2007. STAFF COMMENTS: The application and exhibits are provided in this Staff Report. 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; Attachment A Case No. ZBA23-0003 Page 2 2.That the literal interpretation of the provisions of this ordinance deprives the applicant of rights commonly enjoyed by other properties 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 ZBA23-0003 Page 1 Case No. Attachment C ZBA23-0003 Page 1 SEU & VARIANCE APPLICATION Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. SOUTHLAK.E PLANNING&DEVELOPMENT SERVICES ZONING BOARD OF ADJUSTMENT SPECIAL EXCEPTION USE APPLICATION 1400 Main Street, Suite 310 Southlake,TX 76092 Phone: (817)748-8069 Email: PianNngSubmiftal@Ci.Sou#hlake.Tx.Us ZBA CASE NO.: FEE: $305.00 Location of Application: (addressllegal description) Residence of John G and Sherri R Holbrook 3057 Loch Meadow Ct.,Southlake,TX 76092 Owner: Applicant(if different than owner): John C&Sherri R Holbrook Robert Leep%Paragon Design Group Address: 3057 Loch Meadow Ct<Southlake,TX 76092 Address: 630 E Southlake Blvd,Southlake,TX 76092 Telephone: (214)546-1759 cell John Telephone: (817)946-5933 cell Emall*: john@thehobrookoompany.com Emar: robert.paragon92@verizon.net *Email should only be provided if you consent to your email becoming part of public record SE3 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-Horne Swimming Lessons #5) Non-Commercial Antennas and Satellite Dishes > Height Permitted #6) Setback Reduction for Residential Accessory Building or Structure #7) Accessory Building Locates! Forward of the Principal Building on the Lot Reason for Application: #6 Requesting setback reduction to 10'(50%)on the north sideyard. The sideyard basks up to Corp of Engineer's property,no other residences can see the structure as it is hidden by the existing porte eochere. #2 Requesting median height of 14'V-garage door is 11'high to accommodate the 9'11*Mercedes Sprinter. If the roof height is lowered,it will not blend in with the existing structures it will sit between. t 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 specificaiiy granted, then the speciai 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 BOARDS 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 within 'filed in the board's office. It 1 17 Jan 2023 Signature of Owner or Authorized Agent Date: 2 PROPERTY OWNER ACKNOWLEDGMENTS Notarized signature of all owners is mandatory. Us;e?ad itional sheets if necessary. Property Ownership Acknoowlead e e perty described in this application,I understand that my property is being considered for a Special it. I Signature of Owner —Date 1/17/2023 r ohn G Holbrook Owner's Name(T or G Holbrook Notary Acknowledgement.Before me,the undersigned authority,on this day personally appeared John G Holbrook known to me to be the person whose name is subscrilbed 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. r-'iven under my hand and seat of office on this e I 7th day of January 20 23 ota4ryVPAubfic and For_Texas­T---- ERIN CHAPPELL Notary Public,State of Texas My commission expires the day of Comm-Expires 09-02-2026 Notary ID 1 29941 81 1 Agent Authorization (if applicable) Agent Authorization;1, John G Holbrook owner of the aforementioned property do hereby certify that I have given my permission to Rob as my agent for this special exception use permit request. Signature of tawr>e —Date 17 Jan 2023 Owner's Name or Printed) John G Holbrook Notary Acknowledgement Before me,the undersigned authority,on this day personally appeared John G Holbrook . known to me to be the person whose name is subscribed to the above and foregoing instrument,and knowledge to me that heishe executed the same for the purposes and consideration expressed and in the capacity therein stated. Qd nd se G en under my Pa Z�al of office ob is the 1 7th day of January 2Q.23 Notary Public In For Texasl My commission expires the day of ERIN CHAPPELL Notary Public,State of Texas Comm.Expires 0M2-2026 V "f"OF Notary ID 129941811 3 Case No. Attachment D ZBA23-0003 Page 1 AERIAL PHOTO Case No. Attachment D ZBA23-0003 Page 2 SUPPORT INFORMATION Page is too large to OCR. Page is too large to OCR. I : i rt rif +1P ,Pn l� 4r l � �• � e� ���� � � t�v ftr ° > P � rtc` sAIy, Pe r ► � � �- `fie If soff 41 _ + � - {{ f y / , ti K d. -Vto or 1" I do . .: do h, 19 b IF J p - } ` luk — �cR dV ol or b „ > tom ' Iddl `fo wood, L of PI y •rA# 'rt7 2'sty3-x, _ IP I. a If P of - 4.1 : -$'� t `"}' tl ,:s'! rt : "F �'mi+m%ss' 'L3'�`i r1/"' yFer a "h - > +� a- - - h Y• do, z h -• '' -4R"r^- _''s` ' . .rf ,. ;"` :ice °s«a�:".r,�;h:`,;'yPIP r _. Y..,,Y_ .,} -�r'� IIId.,s ra ZL";rIlI, s :I Ill .4> '_.j - -'/„'' i�r . ''^;' A W .Am ..i+E ;.`"a'�. a ,ti ' : • =•5¢i�✓. BYO `4 K 'co; ` & �Tw r. 3� 1 vim„ ��_`'��* .r �7;_ .1 a � . 's �` _ - WIL I, .11t'f^ v fi,r . ,f _�oifx� � 'er`rocw _: ,�wpm _ ?PFF i; � �° c"_ 7 ': i ` _ _ rof :h• /�.�+...a%K - ** z^.r_ Jrt �?3,RPl' yy �»"4S -Lery ID .Jlr•:/..Add I V, Ill Ill 5- TT �� S : .C. r �;', ¢ ,� . r .*,i h ' r � ` 33'• �. ..i 1 1 .,5� _ _ - 4 F - ford it t<'iH qE pt 1 ,,y� •t:5- f "~ -,,., `' } I' It Add pIl _ I Adr� . n - �.3- � 4 � .; •r �"><. ,'" +c. a's ' " m :—i�21 •�'� i. !"Y2� •K�i , 3'� r Tfood, , __ I do Ill do a �� .. ="tea _'; 1. � n Ill ' �"� � b� x�•�.�3"`:j- + - : r `� .. -3"'�^' ' •c` . A.�a..•:_> hd Lb ✓S`'• . f �:t . Iy^.; _ - - jdipt - n . . �� •Awo� w f Y t +"g?.�d f .Ado � a7' ,.?' PN' dot.•^ sa�I. j, F:rt?'� t' I - do-door` J _" ..f . _ 1 i >• - . . r _ _ - ,� : - s•N '�' �- ar ' ,� �7 "'. /tasS i >•` •',�dir ,� f G-oll told `' Yd" _ a - to %<ytSs, t s r } y . r r i rOf ° T r� K 'Ad I AV od food ' Po r >F 4 I'd Offx"' .. r J oddlo `� y? J `id .tdoof If c.� Firddoddldodr�, 'L _MvIVA r J` -.,fiPoolr X, ' IdIdjFyid ORL Ill «' „'of �' :PPdr "` ) ::V-d •: - . I _ _ III, I IV V'r AVr .; : .. or AV I V�If I S 1 i rf fibPAL I i t t`�,Y f a I VIA IISPI , c + Id,Ildf— If ' did, led�A p =. . � '� . ' fiid J "A of� / �.}, ,/VP. y, fard, ,t"if ` N J � .' F t •, yAd L - . , 'difr -do. .. JIll P - 0 de . of r -r —VP I ryt 4 Ae , , �n j t _ r s Prowl 'dr VP ''�do AV iIdAd _.r .fir �' v .i ! .. - Polio/ 11 y , J . �I E ^-f .J :II, - 1 f 1 lI r f , : � f L ` r 1Is JIN b1 JI •. � . Al c Case No. Attachment E ZBA23-0003 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Responses: F: In Favor O: Opposed To U: Undecided NR: No Response SPO # Owner Zoning Physical Address Acreage Response 1 U S A AG 3.171011162 NR 2 QUINN, DANIEL M SF20B 455 SOUTHLAKE PARK RD E 0.183456858 NR 3 JONES KRISTIN A AND DOUGLAS B SF1-A 3056 LOCH MEADOW CT 0.811123579 NR 4 U S A AG 1.475922767 NR 5 IHLE, MICHAEL SF1-A 3052 LOCH MEADOW CT 0.416080243 NR 6 COZZENS, RANDY SF1-A 3053 LOCH MEADOW CT 1.140249064 NR 7 KUTTY, JAYKESH K SF1-A 3048 LOCH MEADOW CT 0.266041744 NR 8 RIEHL, BRIA SF1-A 3049 LOCH MEADOW CT 0.628793891 NR 9 KUNZ, BRANDON SF1-A 3044 LOCH MEADOW CT 1.042389859 NR 10 DICKENSON, TIFFANY N SF1-A 3045 LOCH MEADOW CT 1.086032825 NR 11 ZIEGLER, ROBERT J SF20B 450 SOUTHLAKE PARK RD E 1.453018484 NR 12 CITY OF GRAPEVINE NR 1000 HOLBROOK, SHERRI R SF1-A 3057 LOCH MEADOW CT 1.626762085 U Notices Sent: Thirteen (13) Responses Received: None (0)