Loading...
Item 6 - ZBA23-0026Case No. ZBA23-0026 S T A F F R E P O R T February 9, 2024 CASE NO: ZBA23-0026 PROJECT: 1305 Houston Court - Variance to Side Yard Requirements EXECUTIVE SUMMARY: REQUEST: Owners Cesar Guerrero-Miranda and Lisette 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%. This item was tabled at the January 25th, 2024 meeting of the ZBA. 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. Since the first hearing of this item, staff has received the following evidence from the applicant: •The applicant has provided staff two surveys that were associated with the purchase of the home; neither showed side yard setbacks. •On August 4, 2023, the applicant received approval from the Southridge Lakes HOA of the plan set for the home, which included the west addition at the 10’ setback. Approval was conditioned on the approval of the plans by adjoining neighbors to the east and west. The plan set was revised on August 25, 2023; staff has reviewed the plan set that the HOA reviewed, and believes the changes were only to address comments provided by the HOA and to add more brick to the façade instead of fiber cement. •Per conditional approval requirements set by the HOA, the applicant received Department of Planning & Development Services Case No. ZBA23-0026 approval from the neighbors on either side of the home in August of 2023. Signed letters are provided in the packet. • The home to the west sold to a new buyer on October 3, 2023 per TAD records. • The applicant applied for the addition permit on October 9, 2023. 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 ZBA23-0026 Page 1 BACKGROUND INFORMATION OWNER: Cesar Miranda and Lisette Sancez 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 1305 HOUSTON CT – ADDITION/ REMODELING PROJECT TREES IN THE LOT Front Yard Picture The proposed additions do not affect existing trees. The main Façade remains as is. Aerial View The three live oaks and silver maple existing in the backyard are not affected by the additions. 1305 HOUSTON CT – ADDITION/ REMODELING PROJECT TREES IN THE LOT EXISTING AND PROPOSED SOUTH FAÇADE _BACKYARD Only the vegetation of the flower bed next to the existing family room will be removed. 1305 HOUSTON CT – ADDITION/ REMODELING PROJECT TREES IN THE LOT EXISTING AND PROPOSED WEST FAÇADE_ SIDEYARD The addition on the sideyard does not affect any tree or flowerbed. HOA Communications to Applicant Case No. Attachment D ZBA23-0026 Page 2 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)