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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)