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ZBA23-0005 - Staff ReportCase No. ZBA23-0005 S T A F F R E P O R T February 10, 2023 CASE NO: ZBA23-0005 PROJECT: 1829 Our Lane - Variance to Front Yard Setback EXECUTIVE SUMMARY: REQUEST: On behalf of Saeid Aryan, Curtis Young is requesting approval of a Variance to Zoning Ordinance No. 480, as amended, Section 11.5(b), requiring that a front yard be not less than forty (40) feet, on property described as Lot 6, William Martin No. 1068 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 1829 Our Lane, Southlake, Tarrant County, Texas. The applicant is requesting approval of a Variance to Ordinance No. 480, as amended, Sections 11.5(b) requiring a front yard of not less than forty (40) feet to allow for a 20’ front yard setback. The applicant is proposing a new home to be constructed at 1829 Our Lane. The lot is currently vacant and undeveloped. A somewhat unique circumstance for this lot is the encumbrance of a 30’ roadway easement along the southern boundary of the lot. This 30’ roadway easement was required at the time of platting to provide standard ROW dedication for a local street. Our Lane is an asphalt road and only serves a handful of homes. Portions of Our Lane are dedicated as private road easements. Please note the plat in this report. In this instance the 40’ front yard setback, per ordinance, is measured from the edge of the roadway easement, rather than the actual property line. This causes the realized setback from the property line to be 70’. If the variance were granted, the setback from the front of the home to the edge of the existing asphalt road would be approximately 31’. Staff has marked up Site Plans that are included in this report for reference. This encumbrance causes for a very shallow build area if these setbacks are enforced. The applicant is seeking to move the home forward insomuch as to allow for a larger backyard, rather than expand the size of the home. The applicant also desires to avoid significant topographic changes at the rear of the lot. ACTION NEEDED: 1) Conduct a public hearing. 2)Consider approval of the requested Variance. ATTACHMENTS: (A) Background Information (B)Vicinity Map (C)Variance Application (D)Support Information (E)Surrounding Property Owners Map and Responses Department of Planning & Development Services Case No. ZBA23-0005 STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Jennifer Crosby (817) 748-8195 Case No. Attachment A ZBA23-0005 Page 1 BACKGROUND INFORMATION OWNER: Saeid Aryan APPLICANT: Curtis Young PROPERTY SITUATION: 1829 Our Lane LEGAL DESCRIPTION: Lot 6, William Martin No. 1068 Addition LAND USE CATEGORY: CURRENT ZONING: Low Density Residential "SF-1A" – Single Family Residential District HISTORY: -The property was annexed into the City in 1987. -The "SF-1A" – Single Family Residential Zoning was placed on the property with the adoption of Ordinance No. 480-498 in 2006. -A Final Plat (ZA08-008) for William Martin No. 1068 Addition Lots 5 & 6 was approved April 19, 2008. STAFF COMMENTS: 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 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 ZBA23-0005 Page 1 Case No. Attachment C ZBA23-0005 Page 1 VARIANCE APPLICATION Case No. ZBA23-0005 Attachment D Page 1 AERIAL PHOTO Case No. ZBA23-0005 Attachment D Page 2 PLAT OF RECORD Case No. ZBA23-0005 Attachment D Page 3 SITE PLAN WITH REQUIRED SETBACK (WITH STAFF MARKUPS FOR CLARITY) Case No. ZBA23-0005 Attachment D Page 4 PROPOSED SITE PLAN WITH SETBACK REDUCTION (WITH STAFF MARKUPS FOR CLARITY) C Case No. ZBA23-0005 Attachment E Page 1 SURROUNDING PROPERTY OWNERS Responses: F: In Favor O: Opposed To U: Undecided NR: No Response SPO # Owner Zoning Physical Address Acreage Response 1 MORENO, HEATHER SF1-A 1860 RANDOL MILL AVE 0.406465116 NR 2 HO, TRIEU SF1-A 1870 RANDOL MILL AVE 1.386880298 NR 3 SPURIA, DAVID SF1-A 1880 RANDOL MILL AVE 1.149299619 NR 4 PEYTON, HEATH SF1-A 1833 OUR LN 0.887316629 NR 5 OEVELEN, TOM SF1-A 1801 OUR LN 0.900134671 NR 6 SHATLEY, BETSY AG 0.167347466 NR 7 SHATLEY, BETSY AG 1846 OUR LN 0.462077043 NR 8 SHATLEY, JOSH AG 1830 OUR LN 0.031564515 NR 9 SHATLEY, JOSH AG 1734 OUR LN 0.61360594 NR 10 LU, LIE SF30 1814 OUR LN 0.788421055 NR 11 EF REALTY LLC AG 1800 OUR LN 0.443500718 NR 12 SHATLEY, JOSH AG 1828 OUR LN 0.084147135 NR 13 YAMOUT, IMAD SF1-A 1715 OUR LN 0.025452942 NR 14 BREISCH, BRUCE C AG 1728 OUR LN 0.07277687 NR 15 EF REALTY LLC AG 0.032360644 NR 16 BREISCH, BRUCE C AG 1724 OUR LN 0.073269463 NR 17 EF REALTY LLC SF1-A 1742 OUR LN 0.947983296 NR Case No. ZBA23-0005 Attachment E Page 2 18 SRI SOUTHLAKE VILLAS LLC RPUD 208 RANDOL MILL AVE 10.74802745 NR 19 SRI SOUTHLAKE VILLAS LLC RPUD 1825 MARANATHA WAY 2.850919753 NR 20 MEHTA, VIVEK SF1-A 1850 RANDOL MILL AVE 2.502545394 NR 21 SUPERINTENDENT OF CARROLL ISD NR 1000 ARYAN, SAEID SF1-A 1829 OUR LN 1.458048949 U Notices Sent: Twenty-two (22) Responses Received: None (0)