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Item 5 - ZBA23-0009 - Staff ReportCase No. ZBA23-0009 S T A F F R E P O R T April 21, 2023 CASE NO: ZBA23-0009 901 La Salle Lane – SEU for Accessory Building Setback Reduction EXECUTIVE SUMMARY: REQUEST: Santosh George, on behalf of Pradeep Bodige, is requesting a Special Exception Use, per Ord. No. 480, as amended, Section 44.12(6) for a reduction in the required setback from property lines for a residential accessory structure, to be located at Lot 29, Block 9, Carillon Phase 5A, an addition to the City of Southlake, Tarrant County, Texas, and located at 901 La Salle Lane, 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 5’ when 10’ is required, for an open-air pool cabana. The reduction for the setback is approximately 50% of the required rear yard setback for the accessory structure. From what is understood by staff, the structure was not built at the time of the application for this SEU in March. However, due to miscommunication between the homeowner and contractor, the structure has since been constructed. Pictures and an email are attached to this report. The structure is approximately 17x14 in size and approximately 8’ 9” in height per zoning definition, topping out at approximately 9’ 6” at its peak. ACTION NEEDED: 1) Conduct a public hearing. 2) Consider approval of the requested Special Exception Use. ATTACHMENTS: (A) Background Information (B)Vicinity Map (C)Variance Application (D)Plans and Support Information (E)Surrounding Property Owners Map and Responses STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Dennis Killough (817) 748-8072 Department of Planning & Development Services Case No. Attachment B ZBA23-0009 Page 1 BACKGROUND INFORMATION OWNER/ APPLICANT: Pradeep Bodige / Santosh George PROPERTY SITUATION: 901 La Salle Lane LEGAL DESCRIPTION: Lot 29, Block 9, Carillon Phase 5A Addition, LAND USE CATEGORY: Mixed Use CURRENT ZONING: “ECZ” – Employment Center Zoning District HISTORY: -The property was annexed into the City in 1957. -The property was zoned ECZ with related development standards in 2012 (ZA12-066). -A Final Plat for the Metairie of Southlake was approved by the City on May 23, 2013. - A permit for a principal residence totaling approximately 6,631 square feet was issued June 29, 2017. - The contractor submitted an accessory structure permit on March 20, 2023. At this time, staff contacted the contractor to advise of the 10’ setback. -A ZBA application was submitted on March 27, 2023, related to the setback. -The contractor contacted the city on April 10, 2023, advising the structure was built without a permit, and stated the work was completed while the owner was out of town. STAFF COMMENTS: The application and exhibits are provided in this Staff Report. 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. Case No. Attachment B ZBA23-0009 Page 2 Case No. Attachment C ZBA23-0009 Page 1 APPLICATION ZQ��� SOUTHLAKE PLANNING& DEVELOPMENT SERVICES ZONING BOARD OF ADJUSTMENT SPECIAL EXCEPTION USE APPLICATION 1400 Main Street, Suite 310 Southlake, TX 76092 Phone: (817) 748-8069 Email: Plan ningSubmittal@Ci.Southlake.Tx.Us ZBA CASE NO.: FEE: $305.00 Location of Application: (address/legal description) 901 La Salle Lane, Southlake 76092 Owner: Applicant (if different than owner): Pradeep Bodige Santosh George Address: Address: 901 La Salle Lane, Southlake 76092 2000 Sandy lane, Dallas TX 75220 Telephone: Telephone: 8173082 56 214 548 564 Email*: Email*: Pradeep Bodige<pradeepb7@gmail.com> santoshg@completelandsculpture.com *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 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: #6 - Setback Reduction for Residential Accessory Building or Structure For aligning with the pool /any other location do not work for the flow of movement of residents or visitors l 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. �T L� or Authorized Agent '' Date: d21 •22'20'li2j et 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 7xn Use Permit. Signature of Owner / v Date 0✓�� � Owner's Name(Typed r 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 22 day of 06 f, Notary Public 16 a A For Texas AMY BRANT My commission expires the day of i 20 .-25 My Notary ID#132946678 Expires March 1,2025 Agent Authorization (if applicable) / -Agent Authorization:I, f V' � owner of the aforementioned property do hereby certify that I have given my permission to 12�7 to act as my agent for this special exception use permit request. 61F Signature of Owner/ v �� I Date �✓��``� Owner's Name(Typ d 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 may hand and seal of office on this the Qr2 day of t le V C' 2a.-3 . `--ice Notary Publi j!iOnd For Texas My commission expires the day of 20 �. AMY BRANT My Notary ID#132946678 fir; t*r=5. Expires March 1,2025 3 Case No. Attachment D ZBA23-0009 Page 1 AERIAL PHOTO STREET VIEW Case No. Attachment D ZBA23-0009 Page 2 SUPPORT INFORMATION Page is too large to OCR. ‹ Page is too large to OCR. Page is too large to OCR. From:Santosh George To:Morgan Barclay; Reagan Rothenberger; Susan Hernandez Cc:Richard Garcia; Jorge Burbano de Lara Subject:RE: ZBA23-0009 901 La Salle Site Photos Date:Friday, April 21, 2023 8:56:51 AM Attachments:image001.png image002.png image003.png Good Morning All – Please see attached pictures of the site with the structure as requested. It was an honest coordination lapse with folks in the know on vacation and could not check vendor from installation. We can have the structural engineer meet the City Inspector and provide all detail or information need and pay fines/fees associated. Company wide we have taken precaution that without a signed drawing with permit at site no installation shall take place. Thank you, Santosh George, ASLA, MLA Director of Commercial Design Build/Sr. Landscape Designer (o) 214.358.5296 (f) 214.357.5121 (c) 214.548.1564 Texas ASLA Merit Award 2019, 2022 GDPC – Built Project Award 2022 www.completelandsculpture.com Winner of the Greater Dallas Business Ethics Award Connect with us! From: Morgan Barclay <MBarclay@ci.southlake.tx.us> i I ` f I i r jpjp i . � - y � 2 . ; \ / 2 y% �� 12 \ \ \ 4i - • / - wN { � � 'r F J`y taTB v. LL FFF vp K H I � 6 l ' : 1 1 1 t a F .' �g i No Text Case No. Attachment E ZBA23-0009 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 SCOTT, ELEONORA ECZ 801 GIVERNY LN 0.16 NR 2 MUSTAFA, ARSHAD ECZ 820 LAKE CARILLON LN 0.13 NR 3 MARTHI, RAGHUNATH ECZ 805 GIVERNY LN 0.10 NR 4 LAWRENCE, RUSSELL ECZ 809 GIVERNY LN 0.03 NR 5 KALRA, SONAL ECZ 824 LAKE CARILLON LN 0.30 NR 6 J C MAZANOWSKI AND G P MAZANOW ECZ 804 RHONE LN 0.26 NR 7 MACKEY, TARA ECZ 800 RHONE LN 0.58 NR 8 SINHA BIKASH ECZ 808 RHONE LN 0.09 NR 9 VENIGALLA, LAKSHMI ECZ 821 LAKE CARILLON LN 0.00 NR 10 KUTCH, EDWARD ECZ 825 LAKE CARILLON LN 0.03 NR 11 ELIZONDO, RODOLFO ECZ 828 LAKE CARILLON LN 0.30 NR 12 PATEL, RITESH ECZ 829 LAKE CARILLON LN 0.04 NR 13 SHRIRAM, VIVEK ECZ 904 LA SALLE LN 0.38 NR 14 WAGNER, DANIEL ECZ 832 LAKE CARILLON LN 0.33 NR 15 ABSHER, ROBERT ECZ 813 RHONE LN 0.00 NR 16 RAJ, KIRAN ECZ 912 LA SALLE LN 0.15 NR Case No. Attachment E ZBA23-0009 Page 2 17 CHO, ALLIS ECZ 833 LAKE CARILLON LN 0.04 NR 18 MUKESH, BICKOL ECZ 905 LA SALLE LN 0.34 NR 19 BRAY, RYAN T ECZ 836 LAKE CARILLON LN 0.33 NR 20 PATEL REVOCABLE TRUST ECZ 909 LA SALLE LN 0.29 NR 21 SANDERS, AARON ECZ 837 LAKE CARILLON LN 0.02 NR 22 DHANJI, PARVIN ECZ 900 LAKE CARILLON LN 0.30 NR 23 BLOMS INC ECZ 913 LA SALLE LN 0.01 NR 24 JAIN, VIKAS ECZ 904 LAKE CARILLON LN 0.03 NR 25 WHITMIRE, JASON ECZ 816 LAKE CARILLON LN 0.28 NR 26 GORREPATI, NAVAKANTH ECZ 817 LAKE CARILLON LN 0.32 NR 27 PATEL, CHIRAG ECZ 901 LAKE CARILLON LN 0.37 NR 28 PATEL, DAXESH ECZ 905 LAKE CARILLON LN 0.35 NR 29 SCHWARTZ, RYAN J ECZ 908 LAKE CARILLON LN 0.34 NR 30 SINGH, MUKESH ECZ 817 GIVERNY LN 0.27 NR 31 DEGA, SIVAPRASAD ECZ 812 RHONE LN 0.27 NR 32 K PERISETTI, NAGA ECZ 813 GIVERNY LN 0.27 NR 33 RAO, HARSHIT ECZ 917 LA SALLE LN 0.34 NR 34 GOETZ, BARBARA ECZ 920 LA SALLE LN 0.34 NR 35 SOUTHLAKE, CITY OF ECZ 816 GIVERNY LN 8.20 NR 1000 BODIGE, PRADEEP ECZ 901 LA SALLE LN 0.38 NR Notices Sent: Thirty-Six (36) Responses Received: None (0)