Item 6 - ZBA23-0010 - Staff ReportCase No.
ZBA23-0010
S T A F F R E P O R T
May 19, 2023
CASE NO: ZBA23-0010
PROJECT: 1201 Scenic Drive - Variance to Screening Requirements
EXECUTIVE
SUMMARY: Dwayne Myers is requesting approval of a variance to Ordinance No. 480, as
amended, Section 39.5(c)(4) requiring a wood fence to have masonry columns along
a collector road, on a property described as Lot 12, Block 2, Continental Park Estates
Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at
1201 Scenic Drive, Southlake, Tarrant County, Texas.
REQUEST: The applicant is requesting approval of a Variance to Ordinance No. 480, as
amended, Section 39.5(c)(4), which outlines the requirements of residential fencing
adjacent to collector or arterial roads. The applicant is proposing to construct a new
board on board fence without the required masonry columns. The ordinance states
the following:
“… All other fences provided or required along arterials or collectors as designated on
the Master Thoroughfare Plan shall meet the following requirements:
1) The fence shall be constructed of one of the following:
• masonry,
• ornamental metal or wrought iron,
• stained cedar board-on-board with cap and masonry columns with a
maximum of 14 feet from column center to column center, or
• some combination of the above, if approved by the Administrative Official.”
The applicant’s intent was to build a 7’ fence that did not require a permit from the City
of Southlake. The applicant was unaware of the masonry requirement, and other
nonconforming wood fences currently exist along Continental Blvd. Code
Enforcement noted the fence under construction, and it was at this time that the
applicant was notified of the masonry requirements and that the 7’ fence was subject
to the standards provided above. The fence is partially constructed at this time.
The property in consideration has approximately 305’ of roadway frontage along
Continental Boulevard, a collector road per the Master Thoroughfare Plan. With 14’
separation requirement for the columns, the fence would require approximately 20
columns.
The applicant contends that a fence is needed for privacy, as the home is viewable
from three roadways. Though the applicant can build a fence without masonry
Department of Planning & Development Services
Case No.
ZBA23-0010
columns along Scenic Drive and Oakhurst Drive, the applicant contends that the
masonry columns along Continental Blvd. is cost prohibitive.
No fence along the Continental Park Estates frontage has masonry of any kind; all
fences are either of wood or chain link construction. The applicant contends that
requiring a single home to have such columns would not be in character with the
neighborhood.
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
STAFF CONTACT: Reagan Rothenberger (817) 748-8602
Jennifer Crosby (817) 748-8195
Case No. Attachment A
ZBA23-0010 Page 1
BACKGROUND INFORMATION
OWNER/APPLICANT: Dwayne Myers
PROPERTY SITUATION: 1201 Scenic Drive
LEGAL DESCRIPTION: Lot 12, Block 2, Continental Park Estates Addition
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: “SF-20B” – Single Family Residential District
HISTORY: - The property was annexed into the City in 1975.
- A Final Plat for Continental Estates Addition was filed in May of 1976.
- The current “SF-20B” Single Family Residential District zoning was
placed on the property with the adoption of Ordinance No. 480 in 1989.
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
ZBA23-0010 Page 1
Case No. Attachment C
ZBA23-0010 Page 1
VARIANCE APPLICATION
Case No.
ZBA23-0010
Attachment D
Page 1
SUPPORTING INFORMATION
Case No.
ZBA23-0010
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 CURB, BILLY JON RE5 1660 W CONTINENTAL BLVD 1.462719606 NR
2 CURB, BILLY JON RE5 1640 W CONTINENTAL BLVD 0.12965301 NR
3 SPITSBERG, TIMOTHY SF20A 1410 CHIMNEY WORKS DR 0.271184612 NR
4 HURST, LEE TODD SF20A 1408 CHIMNEY WORKS DR 0.235417774 NR
5 CARROLL, ISD CS 1705 W CONTINENTAL BLVD 0.105547014 NR
6 BENBOW, ANNETTE SF20B 1202 SCENIC DR 0.526530948 NR
7 GREGORY, GAY SF20B 1201 OAKHURST DR 0.322228319 NR
8 BARROWS, LESLIE SF20B 1203 OAKHURST DR 0.395381286 NR
9 ASPRION, RENE A SF20B 1304 OAKHURST DR 0.827965406 NR
10 MYERS, DWAYNE SF20B 0.169266285 NR
11 LEE, DON E SF20B 1203 SCENIC DR 0.46287634 NR
12 AURZADA, ANDREW SF20B 1204 SCENIC DR 0.297343857 NR
13 OGLETREE, SHAWNA C SF20B 1308 OAKHURST DR 0.075760533 NR
14 KOOGLER, KIRK J SF20A 1015 S PEYTONVILLE AVE 0.767128506 NR
15 GERHARD, KIMBERLY SF20A 1406 CHIMNEY WORKS DR 0.677866808 NR
16 ALAM, REHNUMA SF20B 1204 OAKHURST CT 0.58581535 NR
17 MURAWSKI, DIANE SF20B 1206 OAKHURST CT 0.695788609 NR
Case No.
ZBA23-0010
Attachment E
Page 2
18 DAUPHINOT, JOSEPH SF20B 1305 OAKHURST DR 0.463392132 NR
19 ABELSON, MARK D SF20B 1310 OAKHURST DR 0.660314189 NR
20 MOEHNKE, MATTHEW P SF20B 1206 SCENIC DR 0.48214812 NR
1000 MYERS, DWAYNE SF20B 1201 SCENIC DR 0.717232999 NR
Notices Sent: Twenty-one (21)
Responses Received: None (0)