Item 7 - ZBA23-0026 - Staff ReportCase No.
ZBA23-0026
S T A F F R E P O R T
January 19, 2024
CASE NO: ZBA23-0026
PROJECT: 1305 Houston Court - Variance to Side Yard Requirements
EXECUTIVE
SUMMARY:
REQUEST:
Owners Cesar Guerrero-Miranda and Lisette Aragon-Sanchez are requesting
approval of a Variance to Ordinance No. 480, as amended, Section 14.5(c)
requiring a side yard setback of no less than fifteen (15) feet on property
described as Lot 34, Block 4, South Ridge Lakes Addition, Phase III Section 2, an
addition to the City of Southlake, Tarrant County, Texas, and located at 1305
Houston Court, Southlake, Tarrant County, Texas. Current Zoning: “SF-20A”
Single Family Residential District. SPIN District #6
The applicant is requesting approval of a Variance to Ordinance No. 480, as
amended, Section 14.5(c) which requires a side yard of 15’ for primary structures. The
applicant is requesting a setback of no less than 10’, a reduction of approximately
33%.
The applicant proposes an addition to the west and southeast sides of the existing
home. Only the west addition will encroach into the required side yard setback.
The applicant has stated that an individual within the city informed them that the
required setback was only 10’ in late 2021 and drew plans as such. There is a Plot
Plan on file with the City from 1992 that shows an incorrect building line of 10’, which
per the applicant, was given to them in late 2021. It is included in this packet with staff
notations added for this case.
The Planning Manager first spoke with the applicants in late 2023 after noting the 10’
setback during Permit review. The applicant preferred to bring this request to the
Board of Adjustment rather than amend the plans.
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
ZBA23-0026 Page 1
BACKGROUND INFORMATION
OWNER: Cesar Miranda and Lisette Aragon-Sanchez
PROPERTY SITUATION: 1305 Houston Court
LEGAL DESCRIPTION: Lot 34, Block 4, South Ridge Lakes Addition, Phase III, Section 2
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: “SF-20A” – Single Family Residential District
HISTORY:
- The current “SF-20A” Single Family Residential District zoning was
placed on the property with the adoption of Ordinance No. 480 in 1989.
-A Final Plat for this phase of Southridge Lakes was filed in July of 1991.
- A CO for the existing residence was granted in May of 1992.
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 B
ZBA23-0026 Page 1
Case No. Attachment C
ZBA23-0026 Page 1
VARIANCE APPLICATION
Case No. Attachment D
ZBA23-0026 Page 1
SUPPORTING INFORMATION
Staff Comment:
This Form Board
Survey is on file with
the Permit for this
home and
incorrectly shows 10'
setbacks. This
applicant drew plans
based on this plan
that did not have
these markups
shown here.
Case No.
ZBA23-0026
Attachment E
Page 2
20 TUCKER, THOMAS SF20A 1515 PECOS DR 0.456856104 NR
21 JHAVERI, VISHAL SF20A 1508 PECOS DR 0.469237952 NR
22 MURRAY, DAVID SF20A 1506 PECOS DR 0.493637813 NR
23 CRISWELL, DAMON SF20A 310 SOUTHRIDGE LAKES PKWY 0.581152161 NR
24 YEN, NORMAN LEE SF20A 308 SOUTHRIDGE LAKES PKWY 0.512734892 NR
25 WATFORD, JOSEPH F SF20A 1505 PECOS DR 0.440827372 NR
26 JETT LIVING TRUST SF20A 305 GREGG CT 0.468393491 NR
27 DUNAWAY, T W SF20A 208 SOUTHRIDGE LAKES PKWY 0.509728069 NR
28 KOETTEL, GARY SF20A 1302 PECOS DR 0.475319206 NR
1000 GUERRERO-MIRANDA, CESAR SF20A 1305 HOUSTON CT 0.538452587 U
Notices Sent: Twenty-nine (29)
Responses Received: None (0)