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
SOUTHLAPLANNING& KE
ENT
SERVICES
ZONING BOARD OF ADJUSTMENT
VARIANCE APPLICATION
1400 Main Street, Suite 310
Southlake, TX 76092
Phone: (817)748-8069
Email: PlanningSubmittal@Ci.Southiake.TX.Us
ZBA CASE NO. - FILING FEE: $305.00
Location of Application: (addressilegal description)
1305 HOUSTON CT,SOUTHLAKE TX 76092
Owner CESAR GUERRERO MIRANDA& Applicant (if different than owner):
USETTE ARAGON SANCHEZ
Address: . Address:
1305 HOUSTON CT,SOUTHLAKE TX 76092 1
Telephone:
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.)
OUR LOT ZONING IS SF20A,WE ARE REQUIRING A SETBACK VARIANCE FROM 15' TO 10', IN
.............. .................... ............. ........ .......... . .. ......
ORDER TO ALLOW US TO BUILT AN ADDITION ON THE W EST SIDE O..F.OUR.....HOU. ...SE..............
. ........... .. ................................. ........ ..................0. .......... .......... ....
.............. .................... ..................... ............................ ............ ... .
........... .......................... .................. ..............4..0%......... .............. ..
................... ...................... ... .......... ............. ..........0%...................
.. .................. ............................................................ ...................
1
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.)
....................................................................................................
OUR LOTZONING IS SF20A,WE ARE REQUIRING A SETBACK VARIANCE FROM 15,TO 101, IN ORDER
TO ALLOW US TO BUILT AN ADDITION ON THE WEST SIDE OF OUR HOUSE.
THE ADDITION INCLUDES A SUNROOM, BATHROOM AND WALK IN CLOSED FOR OUR DAUGHTER,AND
AN A WORKOUT ROOM NEXTTO OUR MASTER BEDROOM.
...................................................................................................
...................................................................................................
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:
ON DECEMBER 2021 WE TOOK THE DECISION TO REMODEL OUR HOUSE AND TO ADD SOME ROOMS
ACCORDING TO OUR NEW NEEDS,SO WE REVIEW SEVERAL DESIGN OPTIONS,ONE OF THE OPTIONS IT
WAS TO MAKE ADDITIONS IN THE FIRST FLOOR AND AS WE HAVE NOT A CLEAR INFORMATION ABOUT
THE SETBACKS WE WENT(12/10/2021)TO YOUR BUILDING PERMIT OFFICE TO ASK ABOUT IT AND
EXPLAIN OUR IDEA OF ADD A WORKOUT ROOM NEXT TO THE MASTER BEDROOM.
UNFORTUNATELY, IN THE OFFICE WE RECEIVED A WRONG INFORMATION,THEY CHECKED IN THE
COMPUTER AND CONFIRM THAT OUR SERTBACK WAS 10; INCLUSIVELY THEY PROVIDED US A PRINTED
DOCUMENT WITH THE SETBACKS WERE CLEARLY WAS SHOWN THE 10'SETBACK.
BASED ON THIS INFORMATION,THINKING WE ARE COMPLYING WITH THE CODES WE PROCEED TO
DEVELOP A COMPLETE ARCHITECTURAL AND ENGINEERING PROJECT.
THE PROJECT TOOK LONG TIME TO BE COMPLETED,WE INCURRED IN SEVERAL EXPENSES AND FEES.
BUT FINALLY ON OCTOBER 2023 WE SUBMIT THE PROJECT TO THE CITY, UNFORTUNATELY IN NOVEMBER
THE PLANNING AREA DISAPPROVED IT BECAUSE IT DOES NOT COMPLIES WITH THE 15,SETBACK.
THE CITY ONLY ALLOWED US TO BUILD THE PART OF THE PROJECT THAT IS IN THE SOUTH OF THE HOUSE
BUT NOT ON THE WEST, BUT IT IS THAT PART OF THE ADDITION THAT HAVE THE ROOMS THAT WE
NEEDS MORE,AND OUR REMODELING PROJECT ONLY HAVE SENSE IF IT IS EJECUTED AS IS.
Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR
to apply the STANDARD ordinance requirements to your property:
2
...................................................................................................
IT IS UNFAIR TO APPLY THE STANDARD ORDINANCE TO OUR PROPERTY, BECAUSE IT WAS UNFAIR AND
UNFORTUNATE TO RECEIVE A WRONG INFORMATION FROM THE BUILDING DEPARTMENT ABOUT
THE SETBACKS OF OUR HOUSE.THIS SITUATION HAD MADE US TO LOSS A SIGNIFICANT AMOUNT OF
FINACIAL RESOURCES AND TIME IN A PROJECT THAT BECAUSE OF THIS MISTAKE IS HAS NOT BEEN
APPROVED.
.......................................................................... ........ ..............
................................................................................................
.................................................................................................
................................................................................................
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:
....................................................................................................
ON 12/10/2023 AROUND 2PM,WE WENT TO THE BUILDING DEPARTMENTTO ASK ABOUT THE SETBACKS
OF OUR HOUSE AND TO EXPLAIN OUR IDEA OF EXTEND OUR HOUSE ON THE WEST SIDE BEFORE TO
START ANY ARCHITECTURAL PROJECT.
BECAUSE WE WANTED TO BE SURE THAT WE WERE COMPLYING WITH ALLTHE REQUIREMENTS TO AVOID
ANY RISK. UNFORTUNATELY,WE RECEIVED A WRONG INFORMATION.
...................................................................................................
...........................................................................I.......................
...................................................................................................
...................................................................................................
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:
I
3
...................................................................................................
THE ADDITION ON THE WEST SIDE OF OUR HOUSE IT WAS DESIGNED CONSIDERING 10,SETBACK,
MORE SETBACK THAN 10' WILL NOT ALLOW TO HAVE ROOMS WITH AN APPROPIATE DIMENSION.
FOR EXAMPLE,THE NEW DAUGHTER BATHROOM CAN NOT BE LESS THAN 5'WIDTH TO BE
FUNCTIONAL..
...................................................................................................
......................................................................... ..........................
....................................................................................................
...................................................................................................
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:
............................................
WE ARE NOT ASKING FOR A PRIVILEGE,WE NEVER HAVE THE INTENTION OF GOING AGAINST WHAT
IS ALLOWED. IF WHEN WE ASKED TO THE BUILDING DEPARTMENT ABOUTTHE SETBACKS OF OUR
HOUSE THEY WOULD HAVE SAID " IT IS 15 FEET" ,WE NEVER HAD DONE OUR ADDITION IN THAT
SIDE OF THE HOUSE, IF THEY DON'T GIVE US A PRINTED DOCUMENT WITH THE 10,SETBACKS, WE
NEVER INVEST OUR TIME AND MONEY IN A WRONG PROJECT.
WE HAVE BEEN GREATLY AFFECTED FOR THIS SITUATION ,AND WE ARE REQUESTING THIS VARIANCE
TO FIND A FAIR AND VIABLE SOLUTION.
................................................................. ...............................
...................................................................................................
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
1
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 date the decision is filed in the board's
office.
Signature of Owner or Authorized Agent: _ Date:
z LL 23
5
3 1
PROPERTY OWNER ACKNOWLEDGEMENTS
Notarized signature of all owners is mandatory.
Use additional sheets if necessary.
Property Ownership Acknowledgement:As owner of the property described in this application, I understand that my property is
being considered for a Variance. 2
Signature of Owner a> Date I�.Z�� 2 L3
Owner's Name(Typed or Printed) L VW—
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�LI m� i 20
�KATASHASMITHERS
N6 3ii` n_Notary Public,State of Texas
Notary Public In and For Texas =
Comm.Expires OB-11-2026
Notary ID 129381088
My commission expires the ( day of ,20 �✓
Agent Authorization (if applicable)
Agent Authorization:1, ,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 Dale
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
Case No. Attachment D
ZBA23-0026 Page 1
SUPPORTING INFORMATION
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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.
SURROUNDING PROPERTY OWNERS
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
SPO # Owner Zoning Physical Address Acreage Response
1 MURPHY,THOMAS SF20A 1304 HOUSTON CT 0.415021393 NR
2 HALL FAMILY LIVING TRUST,THE SF20A 1300 HOUSTON CT 0.394899453 NR
3 CLAPP, CODY SF20A 1306 HOUSTON CT 0.256707361 NR
4 SWEAT, RONALD D SF20A 1308 HOUSTON CT 0.364855265 NR
5 ROSA, CHRISTOPHER SF20A 1301 HOUSTON CT 0.564366508 NR
6 YAO, XINMING SF20A 1507 PECOS DR 0.019108125 NR
SMITH STERLING AND SUSAN
7 REVOC SF20A 1303 HOUSTON CT 0.499368764 NR
8 BUTTERFIELD, PETER SF20A 1307 HOUSTON CT 0.58014885 NR
9 MILLER, KYLES SF20A 306 SOUTHRIDGE LAKES PKWY 0.041338588 NR
JOHN AND CHRISTY REPPETO
10 FAMIL SF20A 304 SOUTHRIDGE LAKES PKWY 0.192830601 NR
11 JOHNSON, CLAY SF20A 302 SOUTHRIDGE LAKES PKWY 0.328618604 NR
12 SERBER,JEFFREY D SF20A 303 GREGG CT 0.236153258 NR
13 FENLEY,TODD D SF20A 1305 PECOS DR 0.566520136 NR
14 DOWNS, DANIEL I SF20A 1303 PECOS DR 0.526073816 NR
15 KHAN, GHAZNIA SF20A 300 SOUTHRIDGE LAKES PKWY 0.28634188 NR
16 REID, MICHAEL SF20A 301GREGGR 0.0941166503 NR
17 BROOKE, EDWARD A SF20A 1607 PECOS DR 0.558800013 NR
18 NEL, LOUIS A SF20A 1605 PECOS DR 0.465334791 NR
19 MCCARTHY, DENIS SF20A 1510 PECOS DR 0.443134907 NR
Case No. Attachment D
ZBA23-0026 Page 3
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)