Item 5 - ZBA23-0013 - Staff ReportCase No.
ZBA23-0013
S T A F F R E P O R T
August 18, 2023
CASE NO: ZBA23-0013
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).
The applicant proposes adding two small additions to the rear of the home. Work on
these additions 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.
At the May 25, 2023 Zoning Board of Adjustment Meeting, the ZBA approved this
request with the knowledge that the structure had an approximate 10’ setback from
the south property boundary, and a 12.5’ setback from the north property boundary
(ZBA23-0011).
A building permit was applied for, and a good faith effort began to bring the structure
into conformance. After submitting a survey with the building permit, which was not
provided with the ZBA application, it was determined that the Site Plan provided for
staff during the ZBA process had incorrect side yard setbacks. The corrected Site
Plan shows an approximately 17’ setback from the south property boundary, and a 6’
to 7’ setback from the north boundary depending on the point of measurement.
Department of Planning & Development Services
Case No.
ZBA23-0013
Staff determined that though the character of the request is the same, the error in the
presented setback was too great to permit the structure. The proposed request is the
same as ZBA23-0011, albeit the corrected setbacks. Keep in mind a variance was
proposed for both side yard setbacks with the former case. A side yard setback
variance is only needed on the north side yard in this case. Staff has verified these
setbacks, further supported by the professional survey.
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) Supporting Information
(E) Surrounding Property Owners Map and Responses
STAFF CONTACT: Reagan Rothenberger (817) 748-8602
Jennifer Crosby (817) 748-8195
Case No. Attachment A
ZBA23-0013 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.
- On May 25, 2023, the Zoning Board of Adjustment approved a Variance
for the site permitting an approximately 10’ variance on the south side yard,
and an approximately 12.5’ setback on the north side yard.
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
Case No. Attachment A
ZBA23-0013 Page 2
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
ZBA23-0013 Page 1
Case No. Attachment C
ZBA23-0013 Page 1
VARIANCE APPLICATION
1
ZONING BOARD OF ADJUSTMENT
VARIANCE APPLICATION
1400 Main Street, Suite 310
Southlake, TX 76092
Phone: (817) 748-8069
Email: PlanningSubmittal@Ci.Southlake.Tx.Us
ZBA CASE NO. _________________________________________ FILING FEE: $305.00
Location of Application: (address/legal description)
Owner: Applicant (if different than owner):
Address: Address:
Telephone: Telephone:
Email: Email:
State the SPECIFIC PROVISION of the zoning ordinance for which you are requesting a
variance. (You may give the Section number and paragraph, OR you may DESCRIBE the
REGULATION / REQUIREMENT.)
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317 Dove Creek
Block 3 - Lot 14R of Amended Plat Summerplace Addition
Ahmad Jivraj & Alisha Poonawala
317 Dove Creek Trail
7326403076 8179322498
ahmad.jivraj@gmail.com
Zoning SF-20A Side Setback requirement of 15' feet.
2
Describe EXACTLY HOW, and TO WHAT EXTENT your request will DIFFER from the
REQUIREMENTS of the ordinance, as described ABOVE. (Use REVERSE, or additional sheets
if necessary.)
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In order for your request to be granted, the concurring vote of four (4) members of the Board of
Adjustment voting in favor of the request shall be necessary.
In order for the Board members to vote in support of your application, you must prove several
things by your application.
Your application must clearly show that your property has UNIQUE CONDITIONS and
CIRCUMSTANCES which separate it from other typical properties with the same zoning; and
explain how these unique conditions and circumstances make it UNREASONABLE or UNFAIR
to apply the STANDARD ordinance requirements to YOUR property, unlike the way they are
applied to all other properties.
Describe the CONDITIONS and CIRCUMSTANCES which are UNIQUE to your property and
situation:
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Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR
to apply the STANDARD ordinance requirements to your property:
We propose that we be allowed to continue with a minimum of 5' side setback
so that we may have architectural continuity, from the exiting to the addition.
The original home when build fell under a zoning ordinance with a smaller side setback.
now that the zoning was recently change, the existing structure is no longer conforming
Allowing us to use the original 5' setback as originally desiged for this lot will allow
us to keep architectural continuation on the exterior facade of the building.
As well as good interior architectural flow of the floor plan design.
3
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Additionally, in order for the Board members to vote in support of your application it must be
shown that the unique conditions and circumstances which you have described are NOT the
result of your own actions. (Actions taken by previous owners and actions taken by your agents
can be construed as "Your actions.")
Can you explain how the unique conditions and circumstances affecting your property came to
be, AND SHOW that they ARE NOT the result of YOUR OWN ACTIONS:
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Furthermore, the Board must be satisfied that the variance you are requesting is the MINIMUM
deviation from the terms of the ordinance NECESSARY to OVERCOME the unique conditions
and circumstances which you have described.
Explain how your proposal is the MINIMUM manner by which the unique conditions and
circumstances described can be overcome:
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Building the room additions in the back with the current 15' side setback instead of
the original setbacks will force us to brake with the architectural design on the
exterior of the elevations, and will result on an exterior design that will be
unpleasant and non confirming with the original concept of the home. Additionally
doing the additional rooms with the 15' setback will result in a floor plan layout
that will not be functional with the existing floor plan.
The existing home was build in accordance with previous zoning guidelines using previously
approved setbacks, the new zoning requires 15' setback. This is a change
in zoning guidelines; This change in provisions of the zoning are out of our power
to control.
4
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Also, the Board must be convinced that granting such a variance would not constitute an
UNFAIR GRANT OF SPECIAL PRIVILEGE to you, granting privileges that are otherwise denied
by the ordinance.
In other words, why would granting this variance be ONLY FAIR, and NOT MORE THAN FAIR,
to you, since others are prevented from doing what you are requesting:
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Finally, the Board must be certain your request is in harmony with the public welfare, and will
not in any way be injurious or detrimental to your neighbors and their property rights.
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
Allowing us to use min 5' setback is the least intrusive manner in which we can
maintain original architectural elements of the home as intended both inside and out
We consider our request to be reasonable because our request for variance
will result in allowing us to do our addition, while maintain an architecturally pleasing
design for ourselves and our neighbors. Staying in line with the original concept
of the lot, as originally intended and approved by the local municipality.
7/28/23, 4:31 PM IMG_5754.jpg
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7/28/23, 4:31 PM IMG_5755.jpg
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Case No. Attachment D
ZBA23-0013 Page 1
SUPPORTING INFORMATION
Case No. Attachment D
ZBA23-0013 Page 2
EXISTING CONDITIONS
Case No. Attachment D
ZBA23-0013 Page 3
BEARINGS ARE BASED ON THE RECORDED PLAT.
BUILDING LINES AND EASEMENTS ARE BASED ON THE RECORDED PLAT UNLESS OTHERWISE NOTED.
LEGEND:
BARBWIRE FENCE
CHAINLINK FENCE
WROUGHT IRON FENCE
WOOD FENCE
IRF = IRON ROD FOUND
IRS = IRON ROD SET WITH "PREMIER" CAP
CM = CONTROLLING MONUMENT (WOOD) RAILROAD TIE =
STONE =
BRICK =
WOOD =
TILE =
GRAVEL =
CONCRETE =
ASPHALT =
IPF = IRON PIPE FOUND
ELECTRIC LINE
EM = ELECTRIC METER
GM = GAS METER
VINYL FENCE
59.00'
N
4
3
°
3
0
'
0
0
"
E
1
1
0
.
5
3
'N 89° 52' 00" E 85.23'S 03° 17' 11" E
R = 140.23'
L = 13.04'
13.23'
N 86° 31' 39" E
N 89° 52' 00" E 60.36'S 89° 52' 00" W 263.80'S 00° 08' 00" E 80.00'
(
P
L
A
T
=
1
1
0
.
5
0
'
)
1.72'
N 86° 26' 44" E
15.60'
DOVE CREEK TRAIL
(50' R.O.W.)
0'15'30'60'
SCALE: 1"= 30'
P.C. LOT 13R
5/8" IRF
CM
P.T. LOT 24
5/8" IRF
CM
S 00° 08' 00" E10.8'0.4'5.0'12.2'3.5'13.0'35.7'1.9'5.2'1.9'19.8'
3.0'3.0'10.0'10.0'11.0'
31.0'43.0'11.0'12.9'11.0'20.0'8.1'8.2'
E ELEC. VAULT
W
WATER METERS
W
1/2" IRS
1/2" IRF
"X
"
S
E
T
IN
C
O
N
C
.
"X
"
F
O
U
N
D
B
E
A
R
S
N
7
4
°
1
4
'
2
1
"
W
0
.
3
4
'
"X
"
S
E
T
IN
C
O
N
C
.
CHAPEL DOWNS
CAB. A, SLIDE 386
P.R.T.C.T.
(REFERENCE BEARING)
136.
0
5
'
5.9'25.6'16.6'
LOT 14R, BLOCK 3
AMENDED PLAT
SUMMERPLACE ADDITION
2
5
'
D
R
A
I
N
A
G
E
&
U
T
I
L
I
T
Y
E
A
S
E
M
E
N
T
LOT 13R
CAB. A, SLIDE 386
P.R.T.C.T.
V
O
L
.
3
8
8
-
8
2
,
P
G
.
1
8
P.
R
.
T
.
C
.
T
.
(P
E
R
P
L
A
T
)
8' UTILITY EASEMENT
VOL. 388-82, PG. 18
P.R.T.C.T.
(PER PLAT)
1/2" IRF
1/2" IRF
1/2" IRF
1/2" IRF N 56° 00' 12" W 0.51'1/2" IRF BEARS
IN CONC."X" SET
P.R.T.C.T.
VOL. 388-82, PG. 18
SUMMERPLACE ADDITION
0.8'
2.5'
1.8'
TELE. VAULT
T
NOTES:
FRAME
SHEDFRAME
ADDITION
FRAME
ADDITION
ONE STORY
BRICK RESIDENCE
317 DOVE CREEK TRAIL
THE HOUSE EXTENDS BEYOND THE 35' BUILDING LINE AS SHOWN ABOVE.A/CZONE "A"
ZONE "X"
APPROX. LOCATION OF
100-YEAR FLOOD PLAIN LINE
PER GRAPHIC SCALE
35' BUILDING LINE
LEGAL DESCRIPTION:
BEING LOT 14R, BLOCK 3, AMENDED PLAT SUMMERPLACE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN
CABINET A, SLIDE 8584, PLAT RECORDS, TARRANT COUNTY, TEXAS.
DATE:JOB NO.:
DATE:
ACCEPTED BY:
SURVEYOR'S CERTIFICATION:
THIS IS TO CERTIFY THAT ON THIS DATE A SURVEY WAS MADE ON THE GROUND, UNDER MY SUPERVISION AND REFLECTS A TRUE AND CORRECT REPRESENTATION OF THE DIMENSIONS AND CALLS
OF PROPERTY LINES AND LOCATION AND TYPE OF IMPROVEMENTS. THERE ARE NO VISIBLE AND APPARENT EASEMENTS, CONFLICTS, INTRUSIONS OR PROTRUSIONS, EXCEPT AS SHOWN. THIS
SURVEY IS NOT TO BE USED FOR CONSTRUCTION PURPOSES AND IS FOR THE EXCLUSIVE USE OF THE HEREON NAMED PURCHASER, MORTGAGE COMPANY, AND TITLE COMPANY ONLY AND THIS
SURVEY IS MADE PURSUANT TO THAT CERTAIN TITLE COMMITMENT UNDER THE GF NUMBER SHOWN HEREON, PROVIDED BY THE TITLE COMPANY NAMED HEREON AND THAT THIS DATE, THE
EASEMENTS, RIGHTS-OF-WAY, OR OTHER LOCATABLE MATTERS OF RECORD THAT THE UNDERSIGNED HAS KNOWLEDGE OR HAS BEEN ADVISED ARE AS SHOWN OR NOTED HEREON. THIS SURVEY IS
SUBJECT TO ANY AND ALL COVENANTS AND RESTRICTIONS PERTAINING TO THE RECORDED PLAT REFERENCED HEREON.
04/11/2023 23-02753 317 DOVE CREEK TRAIL, SOUTHLAKE, TX 76092
FLOOD INFORMATION:
A PORTION OF THE SUBJECT PROPERTY APPEARS TO
LIE WITHIN THE LIMITS OF A 100-YEAR FLOOD HAZARD
ZONE ACCORDING TO THE MAP PUBLISHED BY THE
FEDERAL EMERGENCY MANAGEMENT AGENCY, AND
HAS A ZONE "A, X" RATING AS SHOWN BY MAP NO.
48439C0085 K, DATED SEPTEMBER 25, 2009.
LOT 14R, BLOCK 3, AMENDED PLAT SUMMERPLACE ADDITIONFIELD:04/11/2023
TECH
GF. NO.
BORROWER
FIELD
MP
MJ
2309710-SKDF
AHMAD JIVRAJ
TITLE CO.INDEPENDENCE TITLE
David Apple
X
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
07-19-2023
DDSG - H.R.
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
- EXISTING BUILDING
- RETAINING WALL
- REQUIRED TREE PLANTING
- REQUIRED BUSH
-EXPOSED AGGREGATE CONCRETE
- EXISTING FENCE
NORTH
W/H25"x54"
ATTIC PDS
ACCESS
DDS GROUP
W/H25"x54"
ATTIC PDS
ACCESS
DDS GROUP
126126DDS GROUP
121.5"126126126126121.5"DDS GROUP
126126126126DDS GROUP
126126121.5"126126121.5"DDS GROUP
DDS GROUP
DDS GROUP
Case No. Attachment D
ZBA23-0013 Page 4
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 NR
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 NR
Case No. Attachment D
ZBA23-0013 Page 5
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: None (0)