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Item 7 - ZBA23-0011 - Staff ReportCase No. ZBA23-0011 S T A F F R E P O R T May 19, 2023 CASE NO: ZBA23-0011 PROJECT: 317 Dove Creek Trail - Variance to Side Yard Requirements EXECUTIVE SUMMARY: Alisha Poonawala and Ahmad Jivraj are requesting approval of a Variance to Ordinance No. 480, as amended, Section 15.1 & 14.5(c) requiring a side yard setback of no less than fifteen (15) feet on a property described as Lot 14R, Block 3, Summer Place Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 317 Dove Creek Trail, Southlake, Tarrant County, Texas. Current Zoning: “SF-20B” Single Family Residential District. SPIN District #7 REQUEST: The applicant is requesting approval of a Variance to Ordinance No. 480, as amended, Section 15.1 & 14.5(c) which requires a side yard of 15’ for primary structures. The existing home was constructed under previous zoning standards (“A- 1” One-Family District which permitted a 5’ side yard setback) and currently has an approximate 10’ setback from the south property boundary, and a 12’ setback from the north property boundary. The applicant proposes adding two small additions to the rear of the home. Work on these additions were commenced without a permit. The additions are partially finished and were discovered by Code Enforcement. The addition on the south side is for a walk-in closet of approximately 100 square feet. The north addition is for a bedroom of approximately 130 square feet. The building line of these additions follow the existing plane of each wall and have therefore increased the structure’s nonconformity. The applicant contends that the placement of these additions take advantage of the natural flow of the interior floorplan of the home, and that the additions would not be as congruent with the existing homes design if they were required to meet the 15’ setbacks. 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 Department of Planning & Development Services Case No. Attachment A ZBA23-0011 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: Alisha Poonawala and Ahmad Jivraj PROPERTY SITUATION: 317 Dove Creek Trail LEGAL DESCRIPTION: Lot 14R, Block 3, Summer Place Addition LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “SF-20B” – Single Family Residential District HISTORY: - The property was annexed into the City in 1956. - It is believed that the “A-1” One-Family District zoning that the property was later subdivided under, was placed on the property with the adoption of Zoning Ordinance No. 161 on January 7, 1969. - A Final Plat for Summer Place Addition was filed in 1972. - A permit for the existing residence was granted March 9, 1978. - The current “SF-20B” Single Family Residential District zoning was placed on the property with the adoption of Ordinance No. 480 in 1989. - On July 15, 2002, an Amended Plat was approved for Lots 13R & 14R, Block 3, Summer Place Addition. 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. ZBA23-0011 Attachment B Page 1 Case No. ZBA23-0011 Attachment C Page 1 VARIANCE APPLICATION Case No. Attachment D ZBA23-0011 Page 1 SUPPORTING INFORMATION Case No. Attachment D ZBA23-0011 Page 2 EXISTING CONDITIONS X * THE PERCENT CALCULATION IS A REFERENCE TO THE COVERAGE AS A PERCENT ESTIMATION OF THE SQ. FT. COVERAGE OF ANY GIVEN STRUCTURE FROM THE TOTAL SQ. FOOT OF THE LOT AREA. SCALE: 1" = 20'-0" CUSTOMER SIGNATURE: NOTE:ARCHITECTURAL PLANS TAKES PRECEDENCE OVER ALL DRAWINGS, ALL FINAL DECISIONS REFER TO PLANS PROVIDE BY DDSG ARCHITECTURAL DEPARTMENT. PLOT PLAN IS APPROPRIATE PLACEMENT ONLY. BUILDER CAN VARY DUE TO ACTUAL BUILDING CONDITIONS. BUILDER IS FULLY RESPONSIBLE FOR ADHERING TO ANY AND AL LBUILDING LINES OR EASEMENTS OF RECORD OR THAT MAY NOT BO NOTED ON THE RECORDED PLAT. BUILDER TO CONFIRM THAT THIS LAYOUT HAS NO CONFLICTS WITH THE INLETS OF UTILITY SERVICES. FINAL SURVEY WILL SHOW PLACEMENT OF HOUSE AND ALL FLATWORK, SUCH AS SIDEWALKS AS PRESCRIBED BY THE BUILDER, FLATWORK IS ONLY A REPRESENTATION. SITE PLAN BUILDER: ADDITION: ADDRESS: LOT: PHASE: OPTION: DATE: DRAWN BY: CITY: PLAN:ELEVATION: SWING: BLOCK: DATE: NOTES: DDS GROUPJOGA REMODELING SERVICES SUMMERPLACE ADDITION 317 DOVE CREEK TRAIL 14R 3 N/A N/A 03/25/2023 DDSG - N.L. SOUTHLAKE, TEXAS N/A N/A LEFT LEGENDB.L. - BUILDING LINE D.E. - DRAINAGE EASEMENT P.A.E. - PEDESTRIAN ACCESS EASEMENT S.S.E. - SANITARY SEWER EASEMENT T.E. - TRANSFORMER EASEMENT U.E. - UTILITY EASEMENT W.M.E. - WALL MAINT. EASEMENT M.E. - MAINTENANCE EASEMENT V.E.- VISIBILITY EASEMENT - DRAINAGE FLOW - PROPOSED FENCE - CURLEX - RETAINING WALL - REQUIRED TREE PLANTING - REQUIRED BUSH -EXPOSED AGGREGATE CONCRETE - EXISTING FENCE NORTH Case No. ZBA23-0011 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 BURKE, EDWARD SF20B 1029 SUMMERPLACE LN 0.18318145 NR 2 CINCO ACES PROPERTIES LLC SF20B 1031 SUMMERPLACE LN 0.005071456 NR 3 STOLZE, MICHAEL D SF20B 314 DOVE CREEK TRL 0.200590041 NR 4 MCLEOD, PAIGE SF20B 1027 SUMMERPLACE LN 0.26874075 NR 5 SMITH, NICOLE S SF20B 315 DOVE CREEK TRL 0.337724442 F 6 BEDWELL, CHAD SF20B 1026 SUMMERPLACE LN 0.001652213 NR 7 BORKOWSKI, DIANE SF20B 1025 SUMMERPLACE LN 0.288890767 NR 8 WERBISKI, ERNESTO SF20B 316 DOVE CREEK TRL 0.269929643 NR 9 J G J INC AG 651 E HIGHLAND ST 0.072935641 NR 10 ZAVALA, JOSE SF20B 1023 SUMMERPLACE LN 0.270444865 NR 11 DOBBS, SUSAN R SF20B 1022 SUMMERPLACE LN 0.020638847 NR 12 NG BENJAMIN TRUST SF20B 1021 SUMMERPLACE LN 0.263272008 NR 13 DIEHL, ADAM SF20B 318 DOVE CREEK TRL 0.268985708 NR 14 VILLANUEVA, ALANA C SF20A 805 DOVE CREEK TRL 0.440047931 NR 15 ETTINGER FAMILY LIVING TRUST SF20A 804 DOVE CREEK TRL 0.686909042 NR 16 CORY, NICHOLAS R SF20A 806 DOVE CREEK TRL 0.502507564 O Case No. ZBA23-0011 Attachment E Page 2 17 LOSADA, GARY M SF20A 802 DOVE CREEK TRL 0.418563017 NR 18 CHAPPELL, STEVEN L SF20A 803 DOVE CREEK TRL 0.213264903 NR 19 KHANAL, ANANAGA SF20A 301 PREAKNESS CIR 0.001016637 NR 20 THOMASON, BOBBY SF20B 1024 SUMMERPLACE LN 0.278649076 NR 21 NATVIG, LORI SF20A 809 SARATOGA DR 0.455211883 NR 22 EASTON, ANGELA J SF20A 807 SARATOGA DR 0.462151478 NR 23 KONDAKINDI, RAKSHIT SF20A 805 SARATOGA DR 0.459450225 NR 24 ALLEN, MEREDITH SF20A 800 DOVE CREEK TRL 0.684992288 NR 25 PASSAMANO, TONY SF20A 803 SARATOGA DR 0.476959722 NR 26 PATEL, KETANKUMAR SF20A 305 PREAKNESS CIR 0.578441095 NR 27 GAYNOR, KATHY SF20B 1030 SUMMERPLACE LN 0.280594646 NR 28 RICHARME, AMY CARSTENSEN SF20B 1028 SUMMERPLACE LN 0.244675511 NR 29 MILNER LIMITED PARTNERSHIP AG 555 E HIGHLAND ST 10.54168003 NR 1000 GENTRY, MARVA L SF20B 317 DOVE CREEK TRL 0.368490745 NR Notices Sent: Thirty (30) Responses Received: Two (2) Case No. ZBA23-0011 Attachment E Page 3 RESPONSES RECEIVED 5/16/23, 7:59 AM Mail - Morgan Barclay - Outlook https://outlook.office365.com/mail/inbox/id/AAQkADZiMTZhYzFiLTNjZWYtNGM3Mi1hYTk3LTMxMDc5Mzc4YmFlMwAQADFdzSpc%2F%2FNHuFd%2…1/2 Online Form Submittal: Planning & Zoning Case Input Form noreply@civicplus.com <noreply@civicplus.com> Mon 5/15/2023 5:04 PM To:Dennis Killough <dkillough@ci.southlake.tx.us>;Jennifer Crosby <jcrosby@cityofsouthlake.com>;Madeline Prater <mprater@ci.southlake.tx.us>;Reagan Rothenberger <rrothenberger@ci.southlake.tx.us>;Morgan Barclay <mbarclay@ci.southlake.tx.us>;Melissa Burnett <mburnett@cityofsouthlake.com> Planning & Zoning Case Input Form Project Name Variance to Ordinance Planning & Zoning Case Number ZBA23-0011 Project Location 317 Dove Creek Trail I am:Opposed Comments / Explanation I believe we should follow the Ordinance that is in place as of this date. (Section Break) First Name Cindy Last Name cory Address 806 DOVE CREEK TRL Phone Number (Optional)Field not completed. City Southlake State TX Zip 76092 Disclaimer This form is to provide feedback on planning & zoning-related requests. Your comments are placed in the related case file as a matter of public record and forwarded to the Planning & Zoning Commission and City Council if action is required by these bodies. Your submission of this form shall not be considered a formal protest under Section 211.006(d) of the Texas Local Government Code unless your signature is uploaded and submitted with this form. ***Please note any forms submitted after four P.M. on the meeting date may not be recorded until the following business day.*** Disclaimer Acknowledgment Yes, I understand 5/16/23, 7:59 AM Mail - Morgan Barclay - Outlook https://outlook.office365.com/mail/inbox/id/AAQkADZiMTZhYzFiLTNjZWYtNGM3Mi1hYTk3LTMxMDc5Mzc4YmFlMwAQADFdzSpc%2F%2FNHuFd%2…2/2 Signature (For Formal Protests) Signature.jpg Email not displaying correctly? View it in your browser.