ZBA23-0006 - Staff ReportCase No.
ZBA23-0006
S T A F F R E P O R T
February 10, 2023
CASE NO: ZBA23-0006
PROJECT: 503 Timber Lake Drive – SEU for Setback Reduction
EXECUTIVE
SUMMARY:
REQUEST:
Nicholas Richards is requesting a Special Exception Use, per Zoning
Ordinance No. 480, as amended, Section 44.12(6) for a reduction in the required
setback from property lines for a residential accessory building, to be located at
Lot 31, Block 4, Timber Lake Addition Section 1, an addition to the City of
Southlake, Tarrant County, Texas, and located at 503 Timber Lake Drive,
Southlake, Tarrant County, Texas.
The purpose of this request is to seek approval of a Special Exception Use to permit
a rear yard setback of approximately 8’ when 10’ is required for a residential
detached pergola proposed on the site.
The purpose of the structure is to provide coverage for an outdoor kitchen area.
The proposed covering will be cantilevered from two columns on the south side of
the structure. The covering will be approximately 150 square feet in area. The
overall height of the structure is approximately 9.5’.
The applicant contends that the location of existing improvements provide
an appropriate place for the structure. The reduction for the setback is
approximately 20% of the required setback.
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)Support Information
(E)Surrounding Property Owners Map and Responses
STAFF CONTACT: Reagan Rothenberger (817) 748-8602
Jennifer Crosby (817) 748-8195
Department of Planning & Development Services
Case No. Attachment B
ZBA23-0006 Page 1
BACKGROUND INFORMATION
OWNER/APPLICANT: Nicholas Richards
PROPERTY SITUATION: 503 Timber Lake Drive (Not to be confused with 503 Timber Lake Way)
LEGAL DESCRIPTION: Lot 31, Block 4, Timber Lake Addition Section 1
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: “RPUD” – Residential Planned Unit Development
HISTORY: - The property was annexed into the City in 1956.
- RPUD zoning was approved in 1989. (ZA89-061)
- A Final Plat for Timber Lake Addition Section 1 was approved on July 31,
1990.
- A Certificate of Occupancy for the current principal residence totaling
approximately 4,000 square feet was issued August 4, 1993.
- The pool and related paved patio areas were approved via permit on
November 10, 1993.
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.
Case No. Attachment B
ZBA23-0006 Page 2
Case No. Attachment C
ZBA23-0006 Page 1
SEU APPLICATION
1
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION USE APPLICATION
1400 Main Street, Suite 310
Southlake, TX 76092
Phone: (817) 748-8069
Email: PlanningSubmittal@Ci.Southlake.Tx.Us
ZBA CASE NO.: FEE: $305.00
Location of Application: (address/legal description)
Owner: Applicant (if different than owner):
Address: 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:
2
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.
Signature of Owner or Authorized Agent : Date:
3
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
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 .
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 .
Case No. Attachment D
ZBA23-0006 Page 1
AERIAL PHOTO
Case No. Attachment D
ZBA23-0006 Page 2
SUPPORT INFORMATION
Case No. Attachment E
ZBA23-0006 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 WOODALL, JOHN R RPUD 803 WOODCREST CT 0.092900928 NR
2 LUND, MICHAEL RPUD 801 WOODCREST CT 0.018655785 NR
3 SHERMAN, MARCELLETTE LAFIELD RPUD 408 TIMBER LAKE DR 0.12221296 NR
4 FARRAND, JEFFREY WADE RPUD 800 WOODCREST CT 0.037758754 NR
5 HAZELTON, CHARLES G RPUD 500 TIMBER LAKE DR 0.301309568 NR
6 JOHANSSON, RONALD J RPUD 501 TIMBER LAKE DR 0.358806782 NR
7 ROSENBLUM, NATHANIEL RPUD 802 WOODCREST CT 0.270856901 NR
8 VAN ZANDT, ALAN R RPUD 804 WOODCREST CT 0.406181427 NR
9 PARKER, JOSHUA RPUD 802 STRATFORD DR 0.008836484 NR
10 BINGHAM, PARK A RPUD 800 STRATFORD DR 0.043274612 NR
11 CARROLL, NICOLE RPUD 506 GLENBROOK CT 0.238802001 NR
12 LLEWELLYN, ZACHARY RPUD 502 TIMBER LAKE DR 0.308576598 NR
13
MCANDREW LIVING TRUST UA
DATED RPUD 508 GLENBROOK CT 0.332585742 NR
14 NOEL, FRANCESCA M VALENTE RPUD 505 TIMBER LAKE DR 0.359898483 NR
15 SELLORS, ERIC RPUD 504 TIMBER LAKE DR 0.35580243 NR
16 GANBAROV, ANAR RPUD 507 TIMBER LAKE DR 0.290822691 NR
17 JONES J M & V A TRUST RPUD 506 TIMBER LAKE DR 0.426774574 NR
18 SCOTT, GARY A RPUD 510 GLENBROOK CT 0.038073151 NR
Case No. Attachment E
ZBA23-0006 Page 2
19 PROSKOVEC, JOHN D RPUD 602 SHADYBROOK CT 0.086677543 NR
20 ANDREW J WILLIAMS LIVING TRUST RPUD 601 SHADYBROOK CT 0.01335501 NR
21 NESPER, DANIEL J RPUD
804 SHADOW GLEN
DR 0.309930964 NR
22 CRUMP, DENNIS RPUD
806 SHADOW GLEN
DR 0.350826562 NR
23 SWEENEY, THOMAS RPUD 706 BROOKDALE CT 0.457457239 NR
24 AMOSSON, CHAD M RPUD 704 BROOKDALE CT 0.376829572 NR
25 HURST, ERIC RPUD 504 GLENBROOK CT 0.3707211 NR
26 LIU, YANBIN RPUD 503 GLENBROOK CT 0.395881215 NR
27 CRIMI, LINDA RPUD 507 GLENBROOK CT 0.360946708 NR
28 ORNELAS, JOSEPH RPUD 604 SHADYBROOK CT 0.373263533 NR
29 LEDAK, GARY M RPUD 603 SHADYBROOK CT 0.426460216 NR
30 MILLER HIGHLIFE RPUD 406 TIMBER LAKE DR 0.404226505 NR
31 KONING, GIOVANNA F RPUD 804 STRATFORD DR 0.392679463 NR
32
STONE LAKES SUBDIV
HOMEOWNERS RPUD 750 STRATFORD DR 2.294343338 NR
1000 RICHARDS, NICHOLAS RPUD 503 TIMBER LAKE DR 0.340511093 U
Notices Sent: Thirty-three (33)
Responses Received: None (0)