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.
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Attachment D
Page 1
AERIAL PHOTO
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Attachment D
Page 2
PLAT OF RECORD
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Attachment D
Page 3
SITE PLAN WITH REQUIRED SETBACK
(WITH STAFF MARKUPS FOR CLARITY)
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Attachment D
Page 4
PROPOSED SITE PLAN WITH SETBACK REDUCTION
(WITH STAFF MARKUPS FOR CLARITY)
C
Case No.
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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.
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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)