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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.) ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… …..………………………………………………………………………………… ……………………………………………………………………………………… 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.) ………………………………………………………………………………………. ……………………………………………………………………………………… ……………………………………………………………………………………… ………………………………………………………………………………………. ……………………………………………………………………………………… ……………………………………………………………………………………… 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: ………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… 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 ……………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… 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: ………………………………………………………………………………………. …………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… 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: ………………………………………………………………………………………. 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 ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… 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: ………………………………………………………………………………………. ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… …..………………………………………………………………………………… ……………………………………………………………………………………… 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 https://mail.google.com/mail/u/0/#sent/KtbxLzGSrxvGPGfqXCmScLxBdRTMTHSpsB?compose=CllgCHrjnKcXlvDkbmlLgqFXTCpqGxqSkVVSrVpnvbqDQkfpH…1/1 7/28/23, 4:31 PM IMG_5755.jpg https://mail.google.com/mail/u/0/#sent/KtbxLzGSrxvGPGfqXCmScLxBdRTMTHSpsB?compose=CllgCHrjnKcXlvDkbmlLgqFXTCpqGxqSkVVSrVpnvbqDQkfpH…1/1 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)