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ZBA24-0011 - 1115 Harbor Haven - SEU Acc Building PUBLIC HEARING NOTICE ZBA24-0011 Dear Property Owner: A request for Special Exception Uses and a Variance has been filed with the Board of Adjustment of the City of Southlake. The purpose of the hearing is to consider a request for a Special Exception Use, per Zoning Ordinance No. 480, Section 44.12(2) for accessory buildings or structures of a size or aggregate size greater than permitted and Section 44.12(6) for a setback reduction for a residential accessory building or structure and Variance to Zoning Ordinance No. 480, as amended, Section 11.5.j, requiring that an accessory building shall not exceed 20 feet in height, on property described as Lot 13, Block 4, Harbor Oaks, and located at 1115 Harbor Haven St., Southlake, Tarrant County, Texas. Current Zoning: “SF-1A” Single Family Residential District The request is for an approximately 5,000 square foot storage garage. If you wish to register your views on the matter, you may complete and send the enclosed Notification Response Form to the Planning & Development Services Department. You are encouraged to follow the requested action through final approval because changes are often made during the review process. Please note that this letter and its attachments constitute written notice about the proposed Special Exception Uses and Variance. Please contact the Planning and Development Services Department if you have any questions: Project Contact: Jenny Crosby, E-mail: jcrosby@ci.southlake.tx.us Dept. Phone: (817) 748-8621 CITY OF SOUTHLAKE PLANNING & DEVELOPMENT SERVICES 1400 Main St.; Suite 310 Southlake, TX 76092 Phone: (817) 748-8621 www.cityofsouthlake.com Zoning Board of Adjustment Thursday, January 16, 2025 6:30 PM Town Hall Council Chambers 1400 Main Street Southlake, Texas Notification Response Form ZBA24-0011: Special Exception Uses and Variance 1115 Harbor Haven St. Meeting Date: January 16, 2025 Fill out: Owner: _____________________________ Address: ____________________________ City, State, Zip Code: __________________ PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed application referenced above. Space for comments regarding your position: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Signature: _______________________________________ Date: ______ Additional Signature: _______________________________ Date: ______ Printed Name(s): _____________________________________________ Must be property owner(s). Otherwise contact the Planning Department. One form per property. Phone Number (optional): ______________________________________ Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone : (817) 748-8621 SPO Map ZBA24-0011 1115 Harbor Haven \,,, 111a: Z 1 3 1120 3240 1115 1 1105 , 1000 r �_ 1095 . . 5 � � 1 150 3140 6 . '1579 1599 3120 1582 3100 0 _ _ _ — - 1499g 1542 152 502 Legend � Address Paints 1 City Parcels might Of Way y �.1� - �- .•_ �..* 1'd _ _- C � _� City Limit Case Parcel(s) �_� � —rT^ �•—•� � dissalvedParcel S 200 Foot Buffer 1 � � 300 Foot Buffer 0 115 230 460 Feet 0 bufferCut Parcels Within Buffer 0 rowClip SOUTHLAKE PLANNING& [DEVELOPMENT SERVICES ZONING BOARD OF ADJUSTMENT SPECIAL EXCEPTION USE APPLICATION 1400 Main Street, Suite 310 Southlake, TX 76092 Phone: (817) 748-8621 ZBA CASE NO.: FEE: $305.00 Location of Application: (addressllegal description) 1115 Harbor Haven, Southlake, TX 76092. Lot 13 in Block 4 of Harbor Oaks, City of Southlake in Tarrant County. Owner. Applicant (if different than owner): Dennis Walsh Barry Reyna Address: 1115 Harbor Haven, Address: 600 Parker Square Rd, Suite 280E Southlake, TX 76092 Flower Mound, TX 75028 Telephone: 214-882-9370 Telephone: 210-286-0513 Email': 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 QgEH essory Building > Size Permitte #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 Forward of the Principal Building on the Lot Reason for Application: Property Owner is building a new 5,000SF detached storage garage accessory building on his property. Current SF-Alcode has 4,000 SF max and there is existing 550 SF of accessory. Due to Army Corps building regulations of the 572 elevation we are asking for approval of an additional 1,550 SF above the SF-At code max to allow detached construction on the property. t 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 te4daa decisi n is filed in the board's office. Signature of Owner or Authorized Agent: Date• J�C ,&2 7 2 PROPERTY OWNER ACKNOWLEDGEMENTS Notarized signature of all owners is mandatory. Use additional sheets if necessary. Property Own hi, Ackno edgement:As owner a property described in this application, I understand that my property is being considered for a Sp Exception Use Pe Signature of Owner C pad G 2-6 z L Owner's Name(Typed or Printed) 1 t W \- . Notary Acknowledgement:Before me,the undersigned authority, on this day personally appeared u— Lfi 15 AQ k 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 ;� O_y �P�_ 20�- g,MIla A. lam/r�LY'AG1�- ." "' GWENDA LANELL O'RRIEN _NNootary Public In and For Texas s=_Notary Public,State of Texas Comm.Expires 04-14-2027 My commission expires the 1,day of /A L, ,20�. o o10 Notary ID 128427540 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 this the day of 20 Notary Public In and For Texas My commission expires the day of ,20 3 1 ZONING BOARD OF ADJUSTMENT VARIANCE APPLICATION 1400 Main Street, Suite 310 Southlake, TX 76092 Phone: (817) 748-8621 ZBA CASE NO. FILING FEE: $305.00 Location of Application: (address/legal description) ____________________________________________________________________________ ____________________________________________________________________________ Owner: Applicant (if different than owner): Address: Address: Telephone: Telephone: Email: 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.) ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… …..………………………………………………………………………………… ……………………………………………………………………………………… 1115 Harbor Haven, Southlake, TX 76092. Lot 13 in Block 4 of Harbor Oaks, City of Southlake in Tarrant County. Dennis Walsh Barry Reyna 1115 Harbor Haven, Southlake, TX 76092 214-882-9370 600 Parker Square Rd, Suite 280E 210-286-0513 Flower Mound, TX 75028 Section 11 SF-1A 11.5J iii. 2. Height shall not exceed 20 feet. 2 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.) ………………………………………………………………………………………. ……………………………………………………………………………………… ……………………………………………………………………………………… ………………………………………………………………………………………. ……………………………………………………………………………………… ……………………………………………………………………………………… 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: ………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR to apply the STANDARD ordinance requirements to your property: Roof will start at 20ft above slab on grade elevation to proved a 2 story height. The flood line elevation of 572 is close to the main house and prevents building on that line. This requirement from the Army Corps changes the original plan of a 2 story attached building to the main house to now a detached accessory building located The property of 1115 Harbor Haven is within the flood plain for the Army Corps. below the line. We are requesting to keep the same height as the original design for the Project is for a storage garage with car lifts with a height that shall exceed 20 feet. Roof itself will be estimated 10 ft +/- from roof line. car storage and lifts. 3 ……………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… …………………………………………………………………………………… 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: ………………………………………………………………………………………. …………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… 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: ………………………………………………………………………………………. The flood line elevation of 572 is close to the main house and prevents building on that line. Original design of attaching to main house allowed the height of over 20ft to top of roof. Based on the Army and Planning code requirements we have to relocate and change to a accessory building which comes with different code requirements. the main house we needed to change location and change from attached to a detached building. Current accessory building code restricts height of building to 20ft affecting the Original design was sent to US Army Corps of Engineers for approval of any building on or below elevation 572. After discussion Army Corps denied the original design as no building can be placed directly on the 572 elevation line. As the 572 line is close to 2 story space for car lift and storage garage. This affects the original design and layout for the car lift and storage garage space. By allowing the roof height to start at 20ft we are able to keep original building height 4 ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… 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: ………………………………………………………………………………………. ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… …..………………………………………………………………………………… ……………………………………………………………………………………… 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 Surrounding properties have existing garages in place between 2 to 3 stories. New Currently the starting elevation is 6ft below the the street level and would not cause much difference compared to the surrounding properties. building will match or be lower height and would not stand out due to being located behind main house. for the intent of the 2 story space for car lift and storage garage. Additionally building slab elevation is 6ft below street elevation and will be partially blocked by the existing main house being less visible from street view. 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. l �-�--- Signature of Owner or Authorized Agent: Date l- 5 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 Varia / !p r� Signature of Owner Date f..��C C p Z[�Z 7' Owner's Name(Typed or Printed) IS ( c Notary Acknowledgement.Before me, the undersigned authority, on this day personally appeared a An ' y � 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 T—day oQLej4,h� t_ 20�. t yll l,l, GWENDA LANELL Q'Bq,EN t�LLr_ 'Notary Public In and For Texas- =i? nsNotary Public, State of Texas •N� Comm. Expires 04-14-2027 My commission expires the day of 2.27 Notary ID 1?.q42754Q Age t Authorization (if applicable) Agent Authorization:I, ` V1 owner of the aforementioned property do hereby certify that 1 have given my permission to to act as my agent for this variance request Signature of Owner _ Date /d / t, �L Owner's Name(Typed or Printed) L-- NotaryAcknowledgement:Before me. the undersigned authority, on this day personally appeared� �J•f 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 G,:-ive under my ha O and,seal of office on this the day of ,1 �+,('IiiYYt it 20 11 Notary Public In and For Texas My cEE' fkG ires the day of GWENDALANELL C'BR ENy ubiic. state of Texas Comm. ExpiresQ4.14.2Q27 Notary ID 128427540 6 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 aVariance. ,U; Date 1� Signature of Owner -� / Owners Name(Type�jz�LZ.L Printed) / ,r r=t 12, n `�'I Notary Acknowledgement.Before me,the undersigned authority, on this day personally appeared) lx a L + !3 -V v AJ 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 m G r 20 P=. *Noub is In an For Texas Es JESSICA RUSHING Notary ID#128851027 My commission expires the h day of L�' �, 20 y . My Commission Expires October 31, 2028 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 vanance request. Signature of Owner Date Owners 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 E Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.