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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 Case No. Attachment D ZBA23-0003 Page 1 AERIAL PHOTO Case No. Attachment D ZBA23-0003 Page 2 SUPPORT INFORMATION 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)