Item 6 - ZBA23-0012 - Staff ReportCase No.
ZBA23-0012
S T A F F R E P O R T
August 4, 2023
CASE NO: ZBA23-0012
PROJECT: 610 Byron Nelson Pkwy. Domestic Employee or Family Quarters
EXECUTIVE
SUMMARY: Deena Powers is requesting approval of a Special Exception Use, per Ordinance No.
480, as amended, Section 44.12(1) for a domestic employee or family quarters on a
property described as Lot 4, O.W. Knight Addition, an addition to the City of
Southlake, Tarrant County, Texas, and located at 610 Byron Nelson Pkwy, Southlake,
Tarrant County, Texas. Current Zoning: “SF-30” Single Family Residential District.
REQUEST
DETAILS: The applicant is requesting approval of a Special Exception Use per Ord. No. 480, as
amended, Section 44.12(1) to allow a Domestic Employee or Family Quarters in an
existing approximately 575 square foot accessory building.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider approval of a Special Exception Use
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Application
(D) Supporting 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
ZBA23-0012 Page 1
BACKGROUND INFORMATION
OWNER/APPLICANT: Deena Powers
PROPERTY SITUATION: 610 Byron Nelson Parkway
LEGAL DESCRIPTION: Lot 4, O.W. Knight Addition, City of Southlake, Tarrant County, Texas
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "SF-30" – Single Family Residential District
HISTORY:
• The property was annexed in 1956.
• “SF-20B” Single Family Residential District zoning was approved with
the adoption of the Zoning Ordinance No 480 and the official Zoning Map
on September 19, 1989.
• A Plat Showing (ZA 93-71) was approved by City Council on October
5, 1993.
• City Council approved the rezoning of this property to “SF-30” Single
Family Residential District on June 20, 2023 (ZA23-0025) in order to
permit the applicant to obtain a Special Exception Use.
WATER & SEWER: The site is served by a 6-inch Sewer Line and an 8-inch Water Main. All
utilities for the family quarters must be on the same meter as the principal
dwelling.
STAFF COMMENTS: 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.
The requirements for Special Exception Use Permit for domestic employee or
family quarters in Zoning Ord. 480, Section 44.12(1) are below:
a) Domestic employee or family quarters, which are not otherwise
permitted as an accessory use under Section 34.1 of this ordinance,
are permitted in districts zoned AG, RE-5, RE-7, RCS, SF1-A, SF1-B,
SF-2, SF-30, and approved single family residential uses in the DT
zone.
b) Domestic employee or family quarters are only for residents employed
on the premises or family members of the owner of the premises and
shall not be rented or otherwise used as a separate domicile.
c) The quarters shall be accessory to and subordinate to the principal
Case No. Attachment A
ZBA23-0012 Page 2
single-family use and structure except that the gross inhabitable floor
area shall not exceed one thousand (1,000) square feet in districts
zoned SF-30 and shall not be counted toward the sum total of
accessory building area, but shall be counted toward the maximum
permitted lot coverage.
d) All utilities must be on the same meter as the principal dwelling.
e) A separate septic system from the principal dwelling is required if the
quarters are housed other than in the principal dwelling and cannot be
accommodated by the existing system.
Case No. Attachment B
ZBA23-0012 Page 1
VICINITY MAP
Case No. Attachment C
ZBA23-0012 Page 1
SEU APPLICATION
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: PlanningSubmittal@Ci.South lake.Tx.Us
ZBA CASE NO.:� �`(c) 0A16 FEE: $305.00
Location of Application: (address/legal description►
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Owner: Applicant (if different than owner):
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Address: !� SSW Address:
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Telephone: 0 1 _a3- .-CA 1 1 Telephone:
Email*:A e t 0 A YV-\ Row e-, 'c'.S1,1'r_� AGO, cvqEmail*:
*Email should only be pr vided if you cons nt to your email becoming part of public record
SEU Permit Requested: (Circle#of Request per Section 44.12)
#1) omestic Employee or Family Quarters #2) Accessory Building > Size Permitted #3) In-Home Daycare
6
#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:
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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.
L14 I
Signature of Owner or Authorized Agent : '1 � V . Date:
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 Exception Use Permit. /
Signature of Owner �t7 mil/ C/I n/ Date 7— 5-- D-D,�-,3
Owner's Name(Typed or Printed) tiv f'.1r1 tR A , I pow'e f s 7'�
Notary Acknowledgement:Before me,the undersigned authority,on this day personally appeared pc6mGt foLyC4,5
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 myy^hand and seal of office on this the day of LAJJ
ary Public In and F MOROM BARCLAY
f
My commission expires the 20 ay l �r �3 ryZ My NotarylDk13a13saa9
c 1fA V l L eOn Jam"N.20Z
Agent Authorization (if applicable)
Agent Authorization:1, , 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
3
Case No. Attachment D
ZBA23-0012 Page 1
AERIAL PHOTO
STREET VIEW
Case No. Attachment D
ZBA23-0012 Page 2
BUILDING PHOTO & SURVEY
Case No. Attachment E
ZBA23-0012 Page 1
SURROUNDING PROPERTY OWNERS
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Surrounding Property Owner Responses
SPO # Owner Zoning Physical Address Acreage Response
1
TIMARRON OWNERS ASSN
INC RPUD 400 BYRON NELSON PKWY 0.01 NR
2 AVILA, BILLY RPUD 505 EVERWOOD CT 0.05 NR
3 ANDROSKY, CRYSTAL GRAY RPUD 504 EVERWOOD CT 0.06 NR
4 CURRENT OWNER RPUD 613 NORTHWOOD TRL 0.00 NR
5 CARLSON, KRISTA LYN RPUD 701 SAXON TRL 0.10 NR
6
TIMARRON OWNERS ASSN
INC RPUD 601 BYRON NELSON PKWY 0.30 NR
7 DAYAL, SANJAY RPUD 620 NORTHWOOD TRL 0.26 NR
8 LEE, KYUNG RPUD 618 NORTHWOOD TRL 0.24 NR
9 EVANS, MICHELE RPUD 616 NORTHWOOD TRL 0.27 NR
10 PANNELL, FELICIA RPUD 622 NORTHWOOD TRL 0.26 NR
11 TUTTLE, AILEEN RPUD 614 NORTHWOOD TRL 0.24 NR
12
TIMARRON OWNERS ASSN
INC RPUD 600 BYRON NELSON PKWY 0.10 NR
13 ROBERTS, R L RPUD 612 NORTHWOOD TRL 0.05 NR
14 BADKOUBEI, REZA RPUD 703 SAXON TRL 0.14 NR
15 BREKHUS, MELVIN AG 280 LILAC LN 1.42 NR
16 KAZMIERSKI, R F RPUD 705 SAXON TRL 0.14 NR
Case No. Attachment E
ZBA23-0012 Page 2
17 SWENSON, MICHAEL RPUD 707 SAXON TRL 0.25 NR
18 RAZAGHI, MOHSEN SF1-A 620 BYRON NELSON PKWY 0.99 NR
19
TIMARRON OWNERS ASSN
INC RPUD 651 BYRON NELSON PKWY 0.01 NR
20 STOPPER, ANNA SF1-A 286 LILAC LN 0.31 NR
21 MASON, RICHARD RPUD 602 HEATHERGLEN DR 0.00 NR
22
TIMARRON OWNERS ASSN
INC RPUD 451 BYRON NELSON PKWY 0.21 NR
23 HARSTON, BRYAN G RPUD 500 EVERWOOD CT 0.39 NR
24 PATTERSON, MARC A RPUD 503 EVERWOOD CT 0.38 NR
25 WOODROW, SCOTT P RPUD 502 EVERWOOD CT 0.30 NR
26 PETROVICH, ALEXANDER RPUD 611 NORTHWOOD TRL 0.33 NR
27 DIXON, MICHAEL E RPUD 700 BRYSON WAY 0.36 NR
28 LONG, YANYAN RPUD 610 NORTHWOOD TRL 0.26 NR
29 CHERNOVETS, BENJAMIN RPUD 709 SAXON TRL 0.35 NR
30 MIANO, THOMAS M RPUD 600 HEATHERGLEN DR 0.36 NR
31 BREKHUS, MELVIN G SF2 250 LILAC LN 4.67 NR
1000 SCULLION, DEENA POWERS SF20B 610 BYRON NELSON PKWY 0.98 U
Notices Sent: Thirty-two (32)
Responses Received: None (0)