Item 7 - ZBA24-0002Case No.
ZBA24-0002
S T A F F R E P O R T
February 9, 2024
CASE NO: ZBA24-0002
PROJECT: 1021 E Continental – SEU for Accessory Building Setback Reduction
EXECUTIVE
SUMMARY:
REQUEST
DETAILS:
Oscar Estuardo Morales is requesting approval of a Special Exception Use, per
Ordinance No. 480, as amended, Section 44.12(6) for a 278 square foot accessory
structure on a property described Lot 1R, Block 2, East Haven Addition, an addition to
the City of Southlake, Tarrant County, Texas, and located at 1021 E. Continental
Blvd, Southlake, Tarrant County, Texas. Current Zoning: “SF-2” Single Family
Residential District.
The purpose of this request is to seek approval for a Special Exception Use for a
setback reduction of approximately 5’ for a 280 square-foot accessory structure
(per plans). Per Section 34.2 (a) the development regulations for accessory
structures of this size require a rear yard setback of 10’. The structure has already
been constructed without a permit.
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider approval of a Special Exception Use
ATTACHMENTS: (A) Background Information
(B)Vicinity Map
(C)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 B
ZBA24-0002 Page 1
BACKGROUND INFORMATION
OWNER/APPLICANT: Oscar Estuardo Morales
PROPERTY SITUATION: 1021 E. Continental Blvd
LEGAL DESCRIPTION: Lot 1R, East Haven Addition
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: "SF-2" – Single Family Residential District
HISTORY: -The property was annexed into the City in 1982
-An amended plat (ZA07-059) for Lots 1R-15R and 17R-21R, East Haven
Addition was filed December 3, 2007.
-A Zoning Change and Development Plan (ZA07-058) from “AG”
Agricultural and “I-1” Light Industrial to “R-PUD” Residential Planned Unit
Development was approved by City Council on June 17, 2008.
-A Plat Revision (ZA08-73) for Lots 7R1, 8R1, 8R2, 20R1 & 21R1, Block 1,
and Lots 1 and 2, Block 2, East Haven Addition was approved by City
Council on November 13, 2008, and filed January 28, 2010.
-A Zoning Change and Concept/Development Plan (ZA11-015) from RPUD
Residential Planned Unit Development District to R-PUD Residential
Planned Unit Development District and SF-2 Single Family Residential
District to remove Lot 1R, Block 2, East Haven Addition from the existing
East Haven Residential Planned Unit Development and to rezone that lot to
SF-2 Single Family Residential District was approved by City Council
August 2, 2011.
-An Amended Plat for Lot 1R, Block 2, East Haven Addition was approved
December 1, 2010 and filed February 6, 2011.
-A residential permit for an approximately 10,000 square foot home was
granted in August of 2016.
WATER & SEWER: The site is served by a 12-inch Water Main. The development will be served
by an existing 8’’ sanitary sewer service. All utilities for the accessory structure
must be on the same meter as the principal structure.
STAFF COMMENTS: The requirements for Special Exception Use Permit for a reduction in the
required setback from property lines for an accessory structure in Zoning Ord.
480, Section 44.12(6) are below:
The findings necessary for the Board to approve a Special Exception Use
Permit are below:
1)No special exception shall be granted unless the Board finds that the
requested exception is specifically permitted by the zoning ordinance;
Case No. Attachment B
ZBA24-0002 Page 2
2)That the location of the proposed activities and improvements is
clearly defined on the concept plan or plot plan, and
3)That the special exception is wholly compatible with the use and
permitted development of adjacent properties either as filed or
subject to such limitations and requirements as the board deems to
be necessary to protect adjacent properties
Case No. Attachment B
ZBA24-0002 Page 3
VICINITY MAP
Case No. Attachment C
ZBA24-0002 Page 1
SEU APPLICATION
SOUTH LAKE
PLANNING& [DEVELOPMENT
SERVICES
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION USE APPLICATION
1400 Main Street, Suite 310
Southlake, TX 76092
Phone: (817) 748-8069
Email: PlanningSubmittal@Ci.Southlake.Tx.Us
ZBA CASE NO.: FEE: $305.00
Location of Application: (addressllegal description)
LOT 1 R, BLOCK 2, EAST HAVEN ADDITION,
TARRANT COUNTY TEXAS
Owner: Applicant (if different than owner):
Oscar Estuardo Morales & Leonor Isela Morales
Address: 1021 E Continental Blvd. Address:
Southlake, TX 76092
Telephone: 408-612-1252 Telephone:
Email*: oscaremo@me.com Email*:
"Email should only be provided if you consent to your email becoming part of public record
SEU Permit Requested: (Circle#of Request per Section 44.12)
#1) Domestic Employee or Family Quarters #2) Accessory Building > Size Permitted #3) In-Home Daycare
#4} In-Home Swimming Lessons #5) Non-Commercial Antennas and Satellite Dishes > Height Permitted
#6) Setback Reduction for Residential Accessory Building or Structure #7) Accessory Building Located
orward of the Principal Building on the Lot
Reason for Application:
3
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 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 M Date: 01/11/2024
2
PROPERTY OWNER ACKNOWLEDGEMENTS
Notarized signature of all owners is mandatory.
Use additional sheets if necessary.
Property Ownership Acknowledgemen :As owner of the property described in this application, I understand that my property is
being considered for a Special Exceptio se Permit.
Signature of Owner. Date 1— 16-- 20ZN
Owner's Name(Typed or Printed} DSC/1�� �'10 2 i.� S
Notary Acknowledgement:Before me, the undersigned authority, on this day personally appeared D 5 Ca-r- 0 0 P CL�,e S
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 the capacity therein stated. f
Giv U er my hand and seal of office on this the 1 LC —day of 20
�' �l
�
Notary Public and For Texas �{y'" =. ANGELAWALDROP
My Notary ID#7436385
My commission expires the day of 20 `f' `'•' of t�}'' Expires October 19,2026
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 special exception use permit
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 tNs the day of 20
Notary Public In and For Texas
My commission expires the day of , 20
3
Case No.
ZBA24-0002
Attachment D
Page 1
SUPPORTING INFORMATION
STREET VIEW
SURVEY DESCRIPTION 5—eY'^g Firm 9 10091d00
LOT 1R, BLOCK 2, EAST HAVEN ADDITION, AN ADDITION TO Notes:
THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, Thte lot Is subject to the following:
ACCORDING TO THE MAP OR PLAT RECORDED IN CCU (100-Easement, CCf 1)211290141l. R.P,R.T.C.T.
D211037988, PLAT RECORDS OF TARRANT COUNTY, TEXAS.
According to the Federal Emergency Management Agency Flood Insurance
Rate Map,Community Panel No. 4843900095 K,dated September 25.
2009, ihie property does not lie within a 100-Year Flood Hazard Areo.
Style: I°- Bo' Tech- J❑ Jab No: ADDITIONAL BUILO NG LINES/EASEMENTS PER GliY ZONING ORDINANCES 4
Field, GR 1606AGOIU SUBDIVISION RES?'RlcTlpNS/ccov„NANTS MAY AFFECT SUBJECT PROPERTY
BUILDING LINES/EASEMENTS PER PLAT
UNLES5 CITNERA15E NOTED EAST CONTINENTAL BOULEVARD
Hydra (BA' R.O.W.) 25' x 50' COMMON
CM Iq,BO' electric tal. ACCESS MT,
found youQM
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a. 4 k lo.l ri I shed LOT 1
a ss' PLUM CREEK MANOR
- II VOL. 388-161, PG. 17
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61.3' TIMARRON ADDITION
- HUNTLY MANOR, PHASE IB
CAB. A, SLIDE g209
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CABINET A, SLIDE 12527
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71NARRON ADDITION
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brick column on S 5' U.E. CAB. A, SLIDE g20q
property corner----------i— I P.R.T.C.T.
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EAST HAVEN ADDITION
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��yQfES��R�-{O4 Address- 1021 EAST CONTINENTAL BOULEVARD
p ••e RV G.F. Noo 1016-36563 3-RTT
Dote- 07/26/2022 Purchmer
I, Robart L.Pounds, Registered Prafeeslcnal Lad Surveyor No. 1-76, do F—by
deckre that tFv map shown Frrea oecurately represents the Pro y a DATE, Purchmer
detertmined by m a-tFn-proud eurvay made under my dtrect eupervielon ad ACCEPTED BY
correctly shows the bour4oy Ilnee wO dimensions of the property, m found an
the date of the survey, tndicated her .There a e no NsibSe conFllcts, or
pratruelos, except as shown and add property ha,arts-.to a public roadway. FULLER
All easements and right-oF-ways that,tFn rveyor has ia.wuledge of or hoe been
advised fad those shown m the ,iwrsFervruse o plat of record wh shown a nal.ed LAND SURVEYING INC.
Fuson, an o io le far tFe gcl,sive use of tltls company, the marigoge
cwnpmy and the purcFweer. f
LEGEND
B.L.. Building Llne I.P.F. - Iran Pipe Ford 0 - Power Pole —//— Wood Fmce
C.M. Control rion mt I.R.F. - Iran Rod Found P.O,S.E. - Pub11c Open Space Eexmant --_O- - Chain Link Fence
D.E. - Drolnaga Easement I.R.S. - Capped Ira Rod Eat R.O.W. - Right of Way
D.U,E.- Drainage 4 Utility O.N.E. -overhead Electric - Water meter 11 - Ira Fens
M.E. - Malnt a Eaearnent( ) - Retard Data U.E. - Utlllty Easement —X— - Wire F_
ET - Electric Trasformer - 13earing 13aale 0QM - G� Meter �� - Electrlc Meter
2411 GARDEN PARK COURT, ARLINGTON, TX. 16013 - PH# (1317)856-2442, FAX4 (817)451-%76
REST DENCE
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SECTION 50
SF-2 SINGLE-FAMILY RESIDENTIAL DISTRICT
(As amended by Ordinance No. 480-000U)
(As amended by Ordinance No. 480-XXXX)
50.1 PURPOSE AND INTENT - The purpose and intent of the SF-2 Single Family
Residential District is to provide for compatible land, building, and structure uses
primarily oriented to low density residential purposes, select agricultural uses, open
space uses, and select community facility uses. The SF-2 district may serve as a
transitional element between development in the SF-1A zoning district and lower
intensity agricultural activities of this City. Low density detached single family
residential dwellings and development, along with the aforedescribed uses, comprise
the principal elements of the district.
50.2 PERMITTED USES
a. Agricultural Uses - Agricultural uses whose products are grown primarily for
home consumption, such as domestic gardening, berry or bush crops, tree
crops, flower gardening, orchards, and aviaries.
b. Residential Uses - Single family detached dwellings-
G. Community Facility Uses
1. Public, semi-public and private parks;
2. Recreation and open space including playgrounds, parkways,
greenbelts, ponds and lakes, botanical gardens, pedestrian paths,
bicycle paths, equestrian bridle trails, nature centers, bird and wildlife
sanctuaries;
3. Private boat docks, swimming pools and game courts;
4. City hall, fire and police stations and other municipal uses; and
5. Other uses of a similar nature and character.
50.3 ACCESSORY USES — All accessory uses permitted in the Residential Estate (RE-5,
RE-7), or SF-1A Single Family residential district under Section 34 Accessory Uses
shall be permitted in the SF-2 Single Family residential district.
50.4 SPECIFIC USE PERMITS - Specific use permits may be approved by the City
Council following a recommendation from the Planning and Zoning Commission as
specifically authorized in Section 45 of this ordinance, subject to full and complete
compliance with any and all conditions required in Section 45, together with any other
conditions as the City Council may impose. All specific uses permitted in the
Agricultural (AG), Residential Estate (RE-5, RE-7), or SF-1A Single Family residential
district under Section 45 shall be permitted in the SF-2 Single Family residential
district. Any use accessory to an approved specific use permit shall be permitted
50 - 1
without specific approval if it complies with the conditions for an accessory use as
defined in this ordinance. (As amended by Ordinance No. 480-UUUU.)
50.5 DEVELOPMENT REGULATIONS - In this district, the following development
regulations shall be applicable:
a. Height: No building or structure shall exceed two and one-half (2-112) stories,
nor shall it exceed forty (40)feet.
b. Front Yard: There shall be a front yard of not less than forty (40)feet.
C. Side Yard: There shall be a side yard of not less than twenty (20) feet.
d. Rear Yard: There shall be a rear yard of not less than forty (40)feet.
e. Maximum Lot Coverage: All buildings shall have a maximum lot coverage not
exceeding twenty percent (20%) of the lot area. (As amended by Ordinance
No. 480-XXXX)
f. Lot Area: The minimum area of a lot shall be two (2) acres or eighty seven
thousand and one hundred and twenty (87,120) square feet.
g. Lot Dimensions: Each lot shall have a minimum width of one hundred (100)
feet and a minimum depth of one hundred twenty-five (125) feet.
h. Floor Area: The main residence shall contain a minimum of two thousand
(2,000) square feet of floor area.
i. Maximum Residential Density: The maximum number of dwelling units per
acre shall be 0.50.
j. Accessory Structure Standards:
1. All accessory structures in the SF-2 zoning district shall meeting the
following standards:
i. The sum total of all accessory structures and buildings having a roof
on the lot shall not exceed 3 % of the lot area. (As amended by
Ordinance No. 480-XXXX)
ii. All accessory structures that are, individually or cumulatively, less
than 500 sq.ft. shall meet the accessory structure standards under
Section 34.2.
iii. All accessory structures that individually are equal to or exceed 500
sq.ft.:
1_ Setbacks from adjoining lots shall meet the principal structure
setback standards. No setbacks are required from the principal
structure, however, fire separation requirements may apply.
2. Height shall not exceed 20 feet.
3. Accessory structures of metal, wood or vinyl siding or equivalent
material shall meet the following design standards:
50 - 2
a. Minimum of 2 colors (principal color limited to white, beige,
natural shades of greens and browns, or color matching the
principal structure, with trim of contrasting colors).
b. All metal accessory buildings to be painted with a factory
applied non-metallic matte-finish.
c. Addition of trim detail around the windows/doors/or string
courses or water tables.
d. Windows, doors, or other openings required on at least 2
sides.
e. Pitched roof required (of the appropriate pitch for the roof
design chosen or a minimum of 1:3).
4. Accessory structures using masonry shall meet the following
standards:
a. Masonry material used shall match the masonry material of
the principal structure on the lot.
b. Addition of trim detail around the windows/doors/or string
courses or water tables.
c. Windows, doors, or other openings required on at least 2
sides.
d. Roof (design, pitch, and materials) to be the same type as the
principal structure roof.
iv. Standards in subsection iii above shall not apply to accessory buildings
that do not have any enclosing walls such as gazebos, play
structures, and pergolas.
50.6 SPECIAL EXCEPTION USES - Special exception uses may be approved by the
Board of Adjustment as specifically authorized in Section 44 of this ordinance subject
to full and complete compliance with any and all conditions required in Section 44,
together with any other conditions as the Board of Adjustment may impose. Any use
accessory to an approved special exception use shall be permitted without specific
approval if it complies with the conditions for an accessory use as defined in this
ordinance. All special exception uses permitted in the Agricultural (AG), Residential
Estate (RE-5, RE-7), or SF-1A Single Family residential district under Section 44 shall
be permitted in the SF-2 Single Family residential district. (As amended by Ordinance
No. 480-UUUU.)
50.7 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this
ordinance is required to be submitted with a request for zoning to an SF-2 Single
Family Residential District.
I
50 - 3
.HENNESSEY ENGINEERING, INC.
1417 W. MAIN ST. - SUITE 100 - CARROLLTON, TEXAS 75006-6912
(972) 245-9478 - Heneng2@aol.com
Oscar Morales January 23, 2024
Owner
Phone: 408-612-1252
Email: o.morales(a7,cpapservices.net
Re: 1021 B. Continental, Southlake #2306.117
Dear Mr. Morales:
Engineering site observations were made with regard to the new utility building at
above mentioned address.
The observed building consisted of a slab foundation with #4 bars at 12" on
center each way and 12" to 16" grade beams around the perimeter. The framing
consisted of 2x4 stud walls with 2x6 roof rafters above. The exterior walls were covered
with stucco and the inside walls covered with drywall sheathing. The roof material was
standing seam metal roofing.
Engineering site observations were made of the utility building. The observed
building was installed in general accordance with the approved structural plans and
engineers recommendations to support the anticipated dead loads and live loads.
The general contractor and subcontractors are responsible for the overall
construction to be in conformance to the plans and specifications with respect to
location, installation, and means and methods of producing the project. The contractor
shall install all construction in accordance with the project specifications, the 2021
International Building Code, and The City Residential Code.
Yours Sincerely,
6. of
• .yir 1
PETER HENNESSEY
Pete Hennessey, P.E., President & Ben Metzler, E.I.T. •� ;,�33295�p,:��;'
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Case No.
ZBA24-0002
Attachment E
Page 1
SURROUNDING PROPERTY OWNERS
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Surrounding Property Owner Responses
Notices Sent: Forty-nine (49)
Responses Received: None (0)
SPO
#
Owner Zoning Physical Address Acreage Response
1 WONG, BONITA PAN HING RPUD 1209 SARAH PARK TRL 0.174539767 NR
2 SHIMINSKI, KYLE RPUD 1207 SARAH PARK TRL 0.190681182 NR
3 KANKANALA, SURESH RPUD 901 JENNY TER 0.187239496 NR
4 BROADWAY, AL E RPUD 903 JENNY TER 0.181319019 NR
5 TADE, ANGIE R RPUD 1211 SARAH PARK TRL 0.058265897 NR
6 HERRING, MARY L RPUD 905 JENNY TER 0.041015736 NR
6 HERRING, RACHEL A RPUD 905 JENNY TER 0.041015736 NR
6 HERRING, MARY L RPUD 905 JENNY TER 0.041015736 NR
7 TIMARRON OWNERS ASSN INC RPUD 900 E CONTINENTAL BLVD 0.317924093 NR
8 TACHIBANA, WES L MH 1245 HAVEN CIR 0.191658562 NR
9 PLAGENHOEF, JEFFREY MH 1250 HAVEN CIR 0.217203558 NR
10 HODGES, GREGORY MH 1105 HAVEN CIR 0.044911275 NR
11 FERNANDEZ, NURIA P SF1-A 1199 E CONTINENTAL 0.680576483 NR
Case No.
ZBA24-0002
Attachment
E Page 2
BLVD
12 HEURING, ROGER ALLEN MH 1240 HAVEN CIR 0.158731827 NR
13 RASUL, SOLAMAN MH 1115 HAVEN CIR 0.03550001 NR
14 KARNA, KRISHNA MH 1235 HAVEN CIR 0.232586929 NR
15 VEERAPALLI, VANAJAKSHI MH 1230 HAVEN CIR 0.217166047 NR
16 MADDEN, PAULA RPUD 1200 KIRKCALDY CT 1.230501737 NR
17 SQUILLANTE, BRENDA MH 1125 HAVEN CIR 0.034287261 NR
18 MARABLE, BILLIE MH 1225 HAVEN CIR 0.241227156 NR
18
CAROLYN MARABLE FAMILY
LIVING MH 1225 HAVEN CIR 0.241227156 NR
18 MARABLE, BILLIE MH 1225 HAVEN CIR 0.241227156 NR
19 SHRESTHA, JAYA MH 1220 HAVEN CIR 0.174789848 NR
20 MARLEN, JAMES R MH 1210 HAVEN CIR 0.227196019 NR
21 NGUYEN, TY N MH 1215 HAVEN CIR 0.20960414 NR
22 TUFTS, JEFFREY S MH 1135 HAVEN CIR 0.015268521 NR
23 MALESH, LANCE RPUD 1201 KIRKCALDY CT 0.81950558 NR
24 SCHULTE, MARK A TR MH 1200 HAVEN CIR 0.236403009 NR
25 OLUKOGA, SUSAN MH 1205 HAVEN CIR 0.242522446 NR
26 BONFIELD, ANDREW MH 1145 HAVEN CIR 0.016051782 NR
27 ZHU, NANA RPUD 1170 HAVEN CIR 0.492516872 NR
28 ROMANO, JOHN L RPUD 1166 HAVEN CIR 0.475413731 NR
29 BHATTACHARYA, SULAGNA RPUD 1160 HAVEN CIR 0.123152201 NR
30 BUNCHER, MARC RPUD 1203 KIRKCALDY CT 0.595664767 NR
31 LAURENCE, JENNIFER RPUD 1200 EARLSTON CT 0.370904074 NR
32 DALEY, GUNTER RPUD 1205 KIRKCALDY CT 0.001509348 NR
33 MUSSER, BRADLEY J RPUD 1202 EARLSTON CT 0.000198964 NR
34 TIMARRON OWNERS ASSN INC RPUD 1216 SARAH PARK TRL 2.248765148 NR
35 MITHWANI, MOHAMED K RPUD 1220 SARAH PARK TRL 0.369073336 NR
36 TIMARRON OWNERS ASSN INC RPUD 1201 BARLOW BEND 0.180870957 NR
37 PORTER, MICHAEL N RPUD 1202 KIRKCALDY CT 0.595364808 NR
38 ST PETE LIVING TRUST RPUD 1201 EARLSTON CT 0.929383028 NR
39 BARETT-BERGER, ALEXIS RPUD 1204 EARLSTON CT 0.34883839 NR
40 SOUTHLAKE, CITY OF RPUD 1140 HAVEN CIR 0.20764041 NR
41 SOUTHLAKE, CITY OF I1 1130 HAVEN CIR 0.238621148 NR
42 SOUTHLAKE, CITY OF I1 1120 HAVEN CIR 0.251060143 NR
43 SOUTHLAKE, CITY OF I1 1110 HAVEN CIR 0.203388177 NR
44 ANDREWS, ASHLEY RPUD 1150 HAVEN CIR 0.471869858 NR
45 TIMARRON GOLF CLUB INC RPUD
1425 BYRON NELSON
PKWY 3.615105766 NR
46 SOUTHLAKE, CITY OF I1 1100 HAVEN CIR 0.280539379 NR
47 COLE, MICHAEL RPUD 1204 KIRKCALDY CT 0.472691303 NR
48 TIMARRON OWNERS ASSN INC RPUD
1200 E CONTINENTAL
BLVD 0.254590722 NR
49 BLUE, JEFFERY C RPUD 1200 BARLOW BEND 0.466329008 NR
1000 MORALES, OSCAR SF2
1021 E CONTINENTAL
BLVD 2.955040367 U