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Item 5 - Staff Report (2)Case No. ZBA24-0010 S T A F F R E P O R T January 10, 2025 CASE NO: ZBA24-0010 PROJECT: 1219 Whispering Lane – Special Exception Use for Accessory Structure EXECUTIVE SUMMARY: John and Tara Tate are requesting approval of a Special Exception Use to Zoning Ordinance No. 480, as amended, Section 44.12(6) for a setback reduction for a residential accessory building, on property described as Lot 10, Block 1, Whispering Dell Estates, an addition to the City of Southlake, Tarrant County, Texas, and located at 1219 Whispering Lane. Current Zoning: “SF-1A” Single Family Residential District. SPIN Neighborhood #3. REQUEST DETAILS: The purpose of this request is to seek approval of a Special Exception Use to Zoning Ordinance No. 480, as amended, Section 44.12(6) for a setback reduction for a residential accessory building. The applicant is seeking approval for an approximately 1,280 square foot detached garage with a covered outdoor living area. The proposed new accessory structure will be 15’ away from the side property line. Due to the size of the proposed accessory structure, the required setback is 20’. There is an existing 12’x23’ (276 square foot) accessory structure on the property, which the applicant is planning to keep and use for storage. The aggregate area of the existing structure and proposed garage is 1,556 square feet, which is within the permitted aggregate accessory building area of 1,597 square feet (3% of the lot area, which is 53,245 square feet). ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider approval of Special Exception Use ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owners Map and Responses (D) Supporting Information STAFF CONTACT: Wayne Powell (817) 748-8281 Jennifer Crosby (817) 748-8195 Department of Planning & Development Services Case No. Attachment A ZBA24-0010 Page 1 BACKGROUND INFORMATION OWNER: John and Tara Tate APPLICANT: John and Tara Tate PROPERTY SITUATION: 1219 Whispering Lane LEGAL DESCRIPTION: Lot 10, Block 1, Whispering Dell Estates LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "SF-1A” Single-Family Residential HISTORY: -The property was annexed into the City in 1957 with Ord. No. 084 -A zoning change to “A-3” Single Family Residential District for Whispering Dell Estates was approved in 1981 (ZA81-011). -Platting of the property was filed in 1981. -The zoning was changed to “SF-1” Single Family Residential with the citywide adoption of Zoning Ordinance No. 480 in 1989. WATER & SEWER: The site is served by an 8” water line. The development is served by an existing 6’’ sanitary sewer service. STAFF COMMENTS: According to Ordinance No. 480, as amended, Section 11.5(c) side yard requirements for SF-1A zoned lots are 20’ for accessory structures exceeding 500 square feet. The SEU seeks to lower that to 15’. The findings necessary for the Board to approve a Special Exception Use are below: 1) No special exception shall be granted unless the Board finds that the requested exception is specifically permitted by the zoning ordinance; 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 ZBA24-0010 Page 1 VICINITY MAP Case No. Attachment C ZBA24-0010 Page 1 SURROUNDING PROPERTY OWNERS Responses: F: In Favor O: Opposed To U: Undecided NR: No Response SPO # Owner Zoning Physical Address Acreage Response 1 LEONG, CLAUDIA M SF1-A 1216 WHISPERING LN 0.315940854 NR 2 STACY, AUSTIN SF1-A 1218 WHISPERING LN 0.376930985 NR 3 BORST, BENJAMIN SF1-A 1214 WHISPERING LN 0.090537517 F 4 BARNETT, BRANDON SF1-A 1221 WHISPERING LN 0.939865333 F 5 DUERST, BRADLEY J SF1-A 1370 SUNSHINE LN 0.120055825 NR 6 DUERST, BRADLEY J SF1-A 1350 SUNSHINE LN 0.299747263 NR 7 LEONG, CLAUDIA SF1-A 1217 WHISPERING LN 0.965849982 NR 8 CONN, JOSHUA SF1-A 1215 WHISPERING LN 0.438158446 NR 9 FOLAND, DAN C SF1-A 1224 ST EMILION CT 0.929900449 NR 10 PHILLIPS, RICHARD SF1-A 1220 ST EMILION CT 0.793012815 NR 11 TONG, DALE C SF1-A 1213 ASHMOORE CT 0.93803295 NR 12 HORNE, KENNETH P SF1-A 1215 ASHMOORE CT 0.444752896 NR 13 OGLESBY, TYLER SF1-A 1211 ASHMOORE CT 0.248451069 NR 14 MUSHTAQ, QASIM SF1-A 1212 WHISPERING LN 1.080341397 NR 15 DUERST, BRADLEY J SF1-A 1360 SUNSHINE LN 1.757302528 NR 16 BURGUIERE, STEVEN SF1-A 1225 ST EMILION CT 1.012221198 NR 17 HIGH, RAYFORD B SF1-A 1216 ST EMILION CT 1.027944021 NR 18 HPG WHISPERING LLC SF1-A 1213 WHISPERING LN 1.938847149 NR 19 SNEAD, AUDRA SF1-A 1214 ASHMOORE CT 1.116545172 NR 1000 TATE, TARA S SF1-A 1219 WHISPERING LN 1.154866763 U Case No. Attachment C ZBA24-0010 Page 2 Case No. Attachment C ZBA24-0010 Page 3 Case No. Attachment D ZBA24-0010 Page 1 SUPPORTING INFORMATION AERIAL VIEW STREET VIEW SOUTHLAK....Et 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: $305000 Location of Application : (address/legal description) S v L.' n� Owner. Applicant ( if different than owner): oi Address : 1a �� wti� s �,• Last Address: solo Telephone: a I a3S - 69y Telephone : Email *: ME 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) ccessory Building > Size Permitted #3 ) In-Home Daycare #4 ) In-Home Swimming Lessons #5) Non=Commercial Antennas and Satellite Dishes > Height Permitted 0 Setback Reduction for Residential Accessory Building or Structure #7 ) Accessory Building Located Forward of the Principal Building on the Lot Reason for Application . �0 a C uirr v% nl A vis Sur olQ a c: eA a1a,rn c- a n J Cover eJ OLN S %j jiL r i yin n a r e� t, � a0� c-ce iii wvA1U r1tW Dot1 ( y�S ��.t�+� or1 eXcexJ5 41v, !; lee, plwmIftQj . • �lom e_ koj earl is,�. to )( 18 p�.Q,jrmfl i s Or" P . 61 rn h 4J rp t, ,,i.�oLit1� I , ke� P6 re.rVi4 i n o, u w i a.. 4,V a WAk 5�r G - a�a 4tAek4 C a fdit VIZ 1 y60 • ALI O->A L JGY�D s .- 6 toe, 1 S - - -�,►�, P N ( +✓w Scanned with M CamScanner PROPERTY OWNER ACKNOWLEDGEMENTS Notarized signature of all owners is mandatory. Use additional sheets if necessary. ProPerly Ownership AcknowWgement: As owner of the property described in this application, I understand that my property is being considered for a Special Exception Use Permit. Signature of Owneox cu� Owner's Name (Typed or Printed) I111115 l�. Notary Acknowledgement: Before me, the undersigned authority, on this day personally appeared, hnlule IL known to me to be the person whose name is subscribed to the above and foregoing instrument, and knowl'ddge 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 Ir 2 0 NotaryPub' fic Inand F Texas a YP ���j MEMORY MEGHAN 8l.ANTaN Notary Public, State of Texas ll My commission expires the day of � �, , r _ _, �p =,�;�., . , Comm, Expires 14-08-202e —�-- �-..,,�;,,,•%Aft. ` Notary ID 135121776 %MEOW 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. Owners Name (Typed or Printed ) EI 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 Far Texas My commission expires the day of , 20 --------------------- Scannetl w, h m CamScanner':. 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 havein 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 decisi on 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 dais the decision is filed in the board's office. Signature of Owner or Authorized Agent Date : 2 Scanned with �vm, Page is too large to OCR. Page is too large to OCR.