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ZBA23-0004 - Staff Report
Case No. ZBA23-0004 S T A F F R E P O R T February 10, 2023 CASE NO: ZBA23-0004 PROJECT: 1500 Oak Lane - SEU Domestic Employee or Family Quarters EXECUTIVE SUMMARY: REQUEST DETAILS: DarLynn Lee is requesting approval of a Special Exception Use, per Zoning Ordinance No. 480, as amended, Section 44.12(1) for a domestic employee or family quarters on a property described as Lot 13, Block 1, Cedar Oaks Estates Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 1500 Oak Lane, Southlake, Tarrant County, Texas. The applicant is requesting approval of a Special Exception Use per Ordinance No. 480, as amended, Section 44.12(1) to allow a Domestic Employee or Family Quarters in an existing 1,200 square foot accessory building. The applicant began construction work to convert the existing structure without realizing the need for an SEU. As such, some work as has been completed thus far. The applicant intends to live in the structure temporarily while the main home is renovated. ACTION NEEDED: 1) Conduct a public hearing. 2) Consider approval of the requested Special Exception Use. ATTACHMENTS: (A) Background Information (B)Vicinity Map (C)Application (D)Supporting Information (E)Surrounding Property Owners Map and Responses STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Jennifer Crosby (817) 748-8105 Department of Planning & Development Services Case No. Attachment A ZBA23-0004 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: DarLynn Lee PROPERTY SITUATION: 1500 Oak Lane LEGAL DESCRIPTION: Lot 13, Block 1, Cedar Oaks Estates Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "SF-1A" – Single Family Residential District HISTORY: -The property was annexed in 1956. -A Final Plat was filed for the property on March 20, 1979. -The “SF-1A” Single Family Residential District zoning was placed on the property with the adoption of Ordinance No. 480 and the Official Zoning Map on September 19, 1989. -An initial home and accessory structure was constructed in 1984. Subsequent renovations and additions of the home took place in 1994, 1997, 2001 and 2016. The current size of the home is approximately 3,700 square feet. WATER & SEWER: The property is served by a 6” water line and an 8” sewer line on Oak Lane. All utilities for the family quarters must be on the same meter as the principal dwelling. STAFF COMMENTS: The findings necessary for the Board to approve a Special Exception Use Permit 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 requirements for Special Exception Use Permit for domestic employee or family quarters in Zoning Ord. 480, Section 44.12(1) are below: a)Domestic employee or family quarters, which are not otherwise permitted as an accessory use under Section 34.1 of this ordinance, are permitted in districts zoned AG, RE-5, RE-7, RCS, SF1-A, SF1-B, SF-2, SF-30, and approved single family residential uses in the DT zone. b)Domestic employee or family quarters are only for residents employed on the premises or family members of the owner of the premises and Case No. Attachment A ZBA23-0004 Page 2 shall not be rented or otherwise used as a separate domicile. c) The quarters shall be accessory to and subordinate to the principal single-family use and structure except that the gross inhabitable floor area shall not exceed one thousand (1,000) square feet in districts zoned SF-30 and shall not be counted toward the sum total of accessory building area, but shall be counted toward the maximum permitted lot coverage. d) All utilities must be on the same meter as the principal dwelling. e) A separate septic system from the principal dwelling is required if the quarters are housed other than in the principal dwelling and cannot be accommodated by the existing system. Case No. Attachment B ZBA23-0004 Page 1 VICINITY MAP Case No. Attachment C ZBA23-0004 Page 1 SEU APPLICATION SOUTH LADE PLANNING&DEVELOPMENT SERVICES 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) C9 5 Elp ok I - QE 1 �5ro Sod dR Owner: Applicant(if different than owner): T Address: �S^d ©� � � Address: Telephone: Telephone: Email*: Email*: *Email should only be provided if you consent 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 #4) In-Home Swimming Lessons #5) Non-Commercial Antennas and Satellite 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: (� ZtJa440 NAAk I��i Q�SSor �ui1�F 0- L 1W ` ?14--4 64 M10- fly '¢- 1 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. A %�� J Signature of Owner or Authorized Agent .,, � Date: 2 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 Permit. Signature of Owner Date Owner's Name(Typed or Printed) Notary Acknowledgement:Before me,the undersigned authority,on this day personally appeared CAI, 1 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 ex ressed and in the acity therein stated. Given under my han and seal of office on this the day oft . 20 , �� f __ JINIIIIIBIIIIIIIIIUIli111N11111111{INIIIIIIIIlIIIIIIIIIIilUBl6llll11111II1111111!_ JULIE ANNE HUTCHENS Notary ubTic I pan For Texas s°/ '�� Notary ID#132605448 -� = N w My Commission Expires =_ My commission expires the ` day of u,�7 20 = ''�opt August 5, 2024 auulunuuluuuuu+nnuuunununnumnuunuunnunuuuuunm 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 Case No. Attachment D ZBA23-0004 Page 1 AERIAL PHOTO Case No. Attachment D ZBA23-0004 Page 2 SUPPORTING INFORMATION LOT 15, BLOCK I CEDAR OAKS ESTATES LOT 14,- BLOCK 1 Scale I "= 50' VOL. 388-127, PG. 9 CEDAR OAKS ESTATES NOTE. ALL FENCES MR.T.C.T. VOL. 338--L127, PG, 9 ARE WOOD cc WIRE M..R.T.CJ4 (BEARING CONTROL LINE) S89'01 '00"E 198.82 -Fr, I 2:-Jp L- -5' U.E.- FN 1 7 1P, 427,. 0 Lo to VC 24.4 361' i ,5 1\1yo t9 ROCK FRAME o Ss0 GARAGE aa 2 2 IP/ 13.1 G6 j CL:3 CD En 0 ric COV y f Z ;a j I V) 4 V) zn w QC4,�O ur -4 cv, CD OD CL In(f) 55.4 < Co J-6 14 1 6.,5 10� Lu 0 45.11 t'n > Co V) u 0 Lo 1 ry (D 0 < LLI 0 > LOT iS BLOCK Y 1 1 2.290 ACRES 0 J, — — — — — — — — — — — — — — -- - — — — 0 10, U.E. FND. 1/2" IP 5, u.F-, N89'02'00"W 248.82 FND, 1/2 ip - - - - - - - - - - - - - - - - - - - - - LOT 50, BLOCK 4 LOT 79, BLOCK 4 CROSS TIMBER HILLS, PHASE IV CROSS TIMBER HLI-Si PHASE IV VOL. 3813-174, PG. 57 VOL. 388-174 PG. 57 M.R.T.C.T. MIRJ.C.�. ACCORDING TO FCMA MAP NO. 40,,,39Cooa5g, ZONE X, GATED 9-25-09 THE ABOVE LOT DOES NOT LIE WITHIN THE IDO YEAR FLOOD PL)NN, AT T141S WA9. LOT 13, IN BLOCK 1 , OF CEDAR OAKS ESTATES, AN ADDITION 'TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE' WIAP OR IDLAT THEREOF RECORDED IN VOLUME 388-127, PAGE 9, MAP RECORDS, TARRANT COUNTY, TEXAS -som SURVE."fop's INC. LEGEND: LOYD GRAR 03 [RON PIN OF CHARLES B. HOOKS, JR. 0 IRON PIPE C-0 6 ()OIS REGISTERED PROFESSIONAL LAND SURVEYOR DARC STAKE ......... A 0 CONCRETE MONUMENT 1028 NORTH SYLVANIA AVENUE -x-x - FENCE 946 M FT. WORTH, TEXAS 76111 - POWFR LINE 834- 3477 -I-T- TELEPHONE LINE -CATV- CABLE TELEVISION su CONCRETE PAVING GATE; 07-05-11 ASPHALT PAVING 1 -440 www.BohannonDcs i gnficam.com ro a`E " - 0 - vE INDEX OF DRALJING5 : - o I FRONT EXTERIOR ELEVATION, RIGIJT SIDE EXTERIOR ELEVATION ` _ ..- REAR EXTERIOR ELEVATION, — o ; y LEFT SIDE EXTERIOR ELEVATION E a -_ 2 FLOOR PLANS 3 ELECTRICAL/ LIGHTING PLANS 4 ROOF PLAN AND DETAILS 5 INTERIOR ELEVATIONS, PLUMBING PLAN $ Q w H Z 0 w O CURVED V P. FINAL PL. F. lif m I- - Bohannon DESIGN TEAM EXISTING FRONT ELEVATION EXISTING LEFT SIDE ELEVATION 8300 STE.1 SCALE: 1/4" = 1'-0' SCALE: 1/4' = I'-0" NRH, TX 76182 (817I770-0602 CURVED SQUARE FOOiACsE LOWER: 1221 UPPER: 635 8' PL. TOTAL LIVING: 1856 FRONT PORCH: 24 SIDE PATIO: 306 _ EAR DECK: 24 I - - - BALCONY: 96 TOTAL U/ . 2306 F.F. OPEN FRONT: 16 PL. REAR DECK 305 _ — F_ OPEN BALD.: 238 IIxIT PRINTS HALF SCALE - — _ DRAWN wB - - DATE I-13-22 PROPERYY PIE_ ADDRESS= 1SOO OAK LN. SOUTHLAKE, TX EXISTING REAR ELEVATION EXISTING LEFT SIDE ELEVATION 16092 SCALE: I/4" = I'-0' SCALE: I/4' 1'-0" CLIENT: NOTE: IT 15 THE SOLE RESPONSIBILITY OF THE LEE BUILDER TO VERIFY ALL ASPECT$ OF THIS PLAN AND TO ENSURE THAT THIS PLAN MEETS ALL GOVERNING CODES AND REOW . TENTS. �� ' - 20 ; - at° 3 : 26 :39 PM 1500 Oak Ln 6092 - k s 41, 1 • „Z * �:_� .. JLA kkk JW 4e F� • .ILAii /� r�IrV Cl7 y1F5©`�,1� Il. � '.1 �. . 1. \. If f r ml If ke Of •ti. � .. 1K .: , r M ��'� c - V a e+ " ' : M. I may in r } L` e '� IP mo fo A 1i rrr Id .F r .�; Case No. Attachment E ZBA23-0004 Page 1 SURROUNDING PROPERTY OWNERS Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Surrounding Property Owner Responses SPO # Owner Zoning Physical Address Acreage Response 1 SPRINGER, F MICHAEL SF1-A 1505 CEDAR CT 0.774895982 NR 2 WEISNER, ERIC B SF1-A 1475 OAK LN 1.077961222 NR 3 MCDERMOTT, KEVIN M SF1-A 1505 OAK LN 0.321506219 NR 4 WELSH, MARK SF1-A 1525 CEDAR CT 1.860776734 NR 5 MCDERMOTT-LANGE INVESTMENTS LL SF1-A 1525 OAK LN 0.606837396 NR 6 MURDOCK, RICHARD SF1-A 1545 OAK LN 1.032545095 NR 7 LANGSTON, PATRICK SF1-A 1535 OAK LN 0.13750274 NR 8 MORRIS FAMILY TRUST SF1-A 1346 FOREST LN 0.302782243 NR 9 BEESON, DAVID M SF1-A 1344 FOREST LN 0.782766419 NR 10 LANDY, AARON SF1-A 1342 FOREST LN 0.807150405 NR 11 JENKINS, TOM BALL SF1-A 1340 FOREST LN 0.670210493 NR 12 ELLERMEYER, WILLIAM SF1-A 1338 FOREST LN 0.023232935 NR 13 PATTON, JOHN SF1-A 1735 SLEEPY HOLLOW TRL 1.530800204 NR 14 HUISMAN, BRENT SF1-A 1755 SLEEPY HOLLOW TRL 1.486119837 NR 15 JOHN R AND CAROL G DEMLOW REVO SF1-A 1775 SLEEPY HOLLOW TRL 1.033088235 NR Case No. Attachment E ZBA23-0004 Page 2 16 MANNING, MICHAEL N SF1-A 1795 SLEEPY HOLLOW TRL 1.563995344 NR 17 WOOD, BEN DERRYL SF1-A 1475 CEDAR CT 1.21467556 NR 18 THOMPSON, CHERYL L SF1-A 1500 CEDAR CT 2.361934974 NR 19 FITZGERALD, JAMES SF1-A 1348 FOREST LN 0.991926996 NR 20 SUPERINTENDENT OF CARROLL ISD NR 1000 LEE, RANDALL F SF1-A 1500 OAK LN 2.265108377 U Notices Sent: Twenty-One (21) Responses Received: None (0)