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Item 7- Staff ReportCase No. ZBA23-0018 S T A F F R E P O R T September 8, 2023 CASE NO: ZBA23-0018 PROJECT: 875 E Dove Road - Variance to Side Yard Requirements EXECUTIVE SUMMARY: Guam and May Tan are requesting approval of a Variance to Ordinance No. 480, as amended, Section 11.5(c) requiring a side yard setback of no less than twenty (20) feet on a property described as Tract 1E, Abstract 299 of Absolom H Chivers Survey, an addition to the City of Southlake, Tarrant County, Texas, and located at 875 E Dove Road, Southlake, Tarrant County, Texas. Current Zoning: “SF-1A” Single Family Residential District. SPIN District #3. REQUEST: The applicant is requesting approval of a Variance to Ordinance No. 480, as amended, Section 11.5(c) which requires a side yard of 20’ for primary structures. The applicant is requesting to reduce each required side yard setback an equal amount from twenty (20) to fourteen (14) feet. This would allow the construction of a proposed home plan provided herein. The applicant contends that this variance will allow for the construction of a standardized home plan rather than elongating the home. The lot is significant in size at 1.67 acres, though very narrow at 108’ which just meets the “SF-1A” zoning standard of 100’. The reduction equates to approximately 30% of the required side yard setback. 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 Department of Planning & Development Services Case No. Attachment A ZBA23-0018 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: Guam and May Tan PROPERTY SITUATION: 875 E Dove Road LEGAL DESCRIPTION: Tract 1E, Abstract 299 of Absolom H Chivers Survey LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “SF-1A” – Single Family Residential District HISTORY: -The property was annexed into the City in 1957. -The property was Zoned “A-4” One-Family District zoning with the adoption of Zoning Ordinance No. 261 on March 3, 1981. -A permit for the existing residence was granted in July 1983. - The current “SF-1A” Single Family Residential District zoning was placed on the property with the adoption of Ordinance No. 480 in 1989. -A residential permit was granted for the structure in 1980. - A permit for an addition onto the existing structure was granted June 2002. 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 C ZBA23-0018 Page 0 Case No. Attachment C ZBA23-0018 Page 1 VARIANCE APPLICATION Case No. Attachment D ZBA23-0018 Page 1 SUPPORTING INFORMATION Case No. ZBA23-0018 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 LONG, MICHAEL R SF1-A 801 VICTORIA LN 0.55 NR 2 OAK BEND OF SOUTHLAKE HOA RPUD 2350 OAK BEND CT 0.50 NR 3 CARTER, JOE RPUD 2400 OAK BEND CT 0.05 NR 4 OAK BEND OF SOUTHLAKE HOA RPUD 2351 OAK BEND CT 0.11 NR 5 LOWENSTEIN, GREG AG 925 E DOVE RD 1.57 NR 6 GONSER, CHRISTOPHER SF1-A 955 E DOVE RD 1.39 NR 7 BHOJANI, SALMAN SF1-A 855 E DOVE RD 1.85 NR 8 PIERRET, BRIAN RPUD 845 E DOVE RD 0.12 NR 9 BERWICK, TRACY RPUD 2119 CHEYENNE PARK LN 0.80 NR 10 BARNES, MICHAEL RPUD 2123 CHEYENNE PARK LN 0.17 NR 11 SHAFER, REED RPUD 917 ASPEN RIDGE DR 0.07 NR 12 VANDERBUSH, BRUCE RPUD 913 ASPEN RIDGE DR 0.46 NR 13 REDDY, VIJAY RPUD 909 ASPEN RIDGE DR 0.50 NR 14 MICHAELIDES, JASON RPUD 905 ASPEN RIDGE DR 0.44 NR 15 901 ASPEN RIDGE DRIVE LLC RPUD 901 ASPEN RIDGE DR 0.23 NR 16 ESTES PARK HOA RPUD 911 ASPEN RIDGE DR 0.00 NR 17 MILLER, MICHELLE RPUD 908 ASPEN RIDGE DR 0.47 NR Case No. ZBA23-0018 Attachment E Page 1 18 MADHANI, SALEEM RPUD 912 ASPEN RIDGE DR 0.52 NR 19 ANDERSON, STEVEN SF1-A 975 E DOVE RD 1.99 NR 20 SCHULTZ, BRUCE RPUD 904 ASPEN RIDGE DR 0.41 NR 21 GERHART, RICHARD RPUD 900 ASPEN RIDGE DR 0.40 NR 22 KUMAR, KARTIK RPUD 2404 OAK BEND CT 0.51 NR 23 CARROLL, ISD CS 2400 N CARROLL AVE 28.22 NR 24 BURNS, JUSTIN RPUD 2116 CHEYENNE PARK LN 0.50 NR 25 DUNLAP FAMILY TRUST SF1-A 800 VICTORIA LN 1.52 NR 1000 TAN, GUAN SF1-A 875 E DOVE RD 1.67 U Notices Sent: Twenty-six (26) Responses Received: None (0)