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
SOUTHLAKE
PLANNING&DEVELOPMENT
SERVICES
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: D Address:
5d ak T2
Telephone: _ 5 Telephone:
Email: m,. Email:
G6-vi
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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i
PROPERTY OWNER ACKNOWLEDGEMENTS
Notarized signature of all owners is mandatory.
Use additional sheets if necessary.
Property Ownership AcknoTA
enC As owner of the property described in this application, I understand that my property is
being considered for a Varian Q
Signature of Owner Date G ( 2 3
r
Owner's Name(Typed or Printed) Q,M q Ll
Nota cknow/edgement Before me,the undersigned authority, on this day personally appeared N AU D a; 1 Q n
kno n t me to be the person whose name is subscribed to the above and foregoing instrument,and knowled a to me that he/she
ex cuted the same for the purposes and consideration expressed and in the capacity capacity therein stated.
G en and r my hand and seal of office on this the I G day of A7 J U S+ ,20 Z 3
Notary Publi Inand For Texas NEE
MINEZ NIGUEU�7 �] 32752911Mycommissi expiresthe 2 day of O� bed 20�. ion Exptres8, 2024
Agent Authorization (if applicable)
Agent Authorization:I, .owner of the aforementioned property do hereby certify that I have
given my permission to to act as my agent for this variance 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
6
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 daLdecisions filed in the board's
office.
`�
:Signature of Owner or Authorized Agen —)c ate: I
5
Guan and May Tan
1206 Golden Gate Dr
Southlake,Texas 76092
(817)966-1586
Maytan8989@vahoo.com
8/15/2023
Subject: Request for Side Yard Setback Reduction from 20 Feet to 14 Feet Due to Narrow Land Shape at 875 E. Dove Rd,
Southlake,76092
Dear Southlake Planning Department,
We hope this letter finds you well. We are writing to formally request a reduction in the side yard setback requirement for
our property located at 875 E. Dove Rd, Southlake. The primary purpose of our request is to address the challenges
presented by the narrow shape of our property. We are a dedicated homeowner within our community and am eager to
contribute to the enhancement and beautification of our neighborhood.We have been in Southlake for 20 years!
The purpose of our request is to address the unique challenges posed by the narrow configuration of our property. The
current side yard setback requirement of 20 feet presents a significant hindrance to the optimal utilization of our land.The
narrow shape of our property makes adhering to this regulation impractical and limits our ability to create a functional and
efficient living space.
It is our utmost priority to respect and maintain the architectural and aesthetic integrity of our neighborhood.The proposed
reduction in the side yard setback to 14 feet would allow us to design a living space that is both practical and attractive,
ensuring that our property seamlessly fits within the surrounding context.
Enclosed with this letter,we have included a comprehensive survey of our property that highlights its narrow dimensions
and the challenges posed by the current setback regulation. Furthermore, we are providing conceptual sketches that
illustrate how a setback reduction to 14 feet would enable me to optimize the use of my limited space while still maintaining
the visual harmony of the area.
We deeply understand the importance of thoughtful urban planning and zoning regulations in preserving our community's
character.We are fullycommitted to collaborating closely with the city planning department to design a solution that aligns
our needs with the broader interests of the neighborhood. We are open to any suggestions, modifications, or design
adjustments that will ensure our proposal blends seamlessly into the existing landscape.
We kindly request your consideration and support in reviewing our request for a setback reduction. Given the specific
challenges posed by our property's narrow shape, we are confident that a setback reduction to 14 feet would not only
enhance the practicality of our living space but also contribute positively to the overall visual appeal of the neighborhood.
Thank you for your time and attention to this matter. We are enthusiastic about the opportunity to engage in constructive
discussions and provide any additional information or attend meetings to further elaborate on our proposal. Please feel
free to contact me at Maytan8989@yahoo.com or(817)966-1586 to schedule a suitable time for further dialogue.
Your dedication to maintaining our community's quality is greatly appreciated, and we look forward to the possibility of
collaborating to achieve a solution that benefits both us and the city.
Sincerely,
Guan and May Tan
Guan and May Tan
875 E. Dove Road
Southlake, Texas 76092
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.)
We would like to petition the requirement of the 20' side yard
setback minimum. This is the distance from the house to the edge
of the property.
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.)
This variance application is requesting the side yard setback be reduced to 14'from 20'. The lot
is 108'wide and the 20'side yard set back on each side would only allow for a potential home
width of 68'. The 108'lot width barely meets the minimum width requirement of 100'in
Southlake. If this requirement is reduced by 6', the usable lot width would be 80'. The
narrowness of the lot makes it difficult to develop as it is but with the zoning requirements, this
proves to be even more challenging.
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:
The unconventional dimensions of the property make it difficult to build any contemporary home
without significant design compromises. Many of the surrounding homes have wider lots that
create contextual disparity for the street. The house that currently resides on the lot was built in
1975 and a new construction with the requested zoning variance would maintain the character
of the neighborhood as most of the surrounding lots are new builds. Our proposal is carefully
tailored to ensure that any changes to the side yard setback are in harmony with the existing
architectural style and overall visual appeal of the area.
Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR
to apply the STANDARD ordinance requirements to your property:
Its unconventional dimensions hinder practical implementation and impose design compromises
on any potential new build. Enforcing these requirements would undermine any home value built
on this land. By reducing the side yard set back requirement, we will be able to build a home of
equivalent value to the neighboring properties. This approach strikes a balance between
accommodating growth and respecting the unique characteristics of our community.
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:
The property of lines were established well before any property owner came into possession of
the land. There is no evidence that any past property owner willfully designed their property to
be so narrow. The house that currently resides there has an awkward layout as the resident has
to go through a bedroom to access the other half of the house. Had this set back requirement
been reduced, a 3.5'hallway could have been built, making the house more functional.
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 the circumstances which you have described.
Explain how your proposal is the MINIMUM manner by which the unique conditions and
circumstances described can be overcome:
We have worked with many contractors to determine the requirements to build a custom home.
This blueprint we have provided is the minimum width that would yield a home design that is on
par with homes in the area. Reducing width on either side of our blueprint significantly impacts
square footage without elongating the home in an obscure way.
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:
All of the homes on this street are standalone builds. Decreasing the required side yard setback
does not create a cramped street nor will we be intruding on neighboring properties. Every other
new build home on this street has ample width to build homes without worrying about
compromised designs. Allowing us to reduce the side yard setback gives us design possibilities
that are already available to our neighbors. This variance approval grants us the ability to create
a home that is equivalent to others on our street.
Case No. Attachment D
ZBA23-0018 Page 1
SUPPORTING INFORMATION
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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)