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Item 6 - Staff ReportCase No. ZBA24-0011 S T A F F R E P O R T January 10, 2025 CASE NO: ZBA24-0011 PROJECT: 1115 Harbor Haven – Special Exception Use for Accessory Building EXECUTIVE SUMMARY: Barry Reyna, on behalf of Dennis Walsh, is requesting approval of a Special Exception Use to Zoning Ordinance No. 480, as amended, 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 and a 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 Subdivision, an addition to the City of Southlake, Tarrant County, Texas, and located at 1115 Harbor Haven. Current Zoning: “SF-1A” Single Family Residential District. SPIN Neighborhood #2. REQUEST DETAILS: The purpose of this request is to seek approval for an approximately 5,000 square foot detached garage for car storage. The applicant has provided two options for the Board’s consideration and the requests are as follows: Option 1 – Garage on southwest side of property (4,967 square foot building) •Special Exception Use to Zoning Ordinance No. 480, as amended, Section 44.12(2) for accessory buildings or structures of a size or aggregate size greater than permitted. Accessory structures with a roof in the SF-1A zoning district are limited to an aggregate size of 3% of the lot area or 4,000 square feet. The lot is 4.135 acres (180,138 square feet), and therefore the permitted aggregate size of accessory structures is 4,000 square feet. There are two existing gazebos on the property that are approximately 907 square feet. The proposed accessory building is 4,967 square feet, and the aggregate size of accessory buildings and structures will be 5,874 square feet. •Special Exception Use to Section 44.12(6), for a setback reduction for an accessory building. The required side yard setback is 20 feet and a corner of the proposed building encroaches into the required setback. As such, the applicant is requesting a setback reduction to allow a side yard setback of 14 feet. •Variance to Section 11.5.j., requiring that an accessory building shall not exceed 20 feet in height. The proposed building height is 25 feet 9 inches. Option 2 – Garage of north side of property (4,949 square foot building) •Special Exception Use to Zoning Ordinance No. 480, as amended, Section 44.12(2) for accessory buildings or structures of a size or aggregate size greater than permitted. Accessory structures with a roof in the SF-1A zoning Department of Planning & Development Services Case No. ZBA24-0011 district are limited to an aggregate size of 3% of the lot area or 4,000 square feet. The lot is 4.135 acres (180,138 square feet), and therefore the permitted aggregate size of accessory structures is 4,000 square feet. There are two existing gazebos on the property that are approximately 907 square feet. The proposed accessory building is 4,949 square feet, and the aggregate size of accessory buildings and structures will be 5,856 square feet. • (No setback reduction required for this location) • Variance to Section 11.5.j., requiring that an accessory building shall not exceed 20 feet in height. The proposed building height is 27 feet 2 inches. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider approval of requested Special Exceptions Uses and a Variance 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 Case No. Attachment A ZBA22-0009 Page 1 BACKGROUND INFORMATION OWNER: Dennis Walsh APPLICANT: Barry Reyna PROPERTY SITUATION: 1115 Harbor Haven LEGAL DESCRIPTION: Lot 13, Block 4, Harbor Oaks Subdivision LAND USE CATEGORY: Low Density Residential / 100 Year Floodplain CURRENT ZONING: "SF-1A” Single-Family Residential HISTORY: -The property was annexed into the City in 1957 with Ord. No. 084 -Platting of the property was filed in 1980. -The House was originally constructed in 1986. -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 6” water line and is not connected to the sewer system. STAFF COMMENTS: 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. Further, the construction of accessory buildings or structures of a size or aggregate size greater than that permitted under the accessory building requirements of the zoning district of the property are based on the following review criteria: a. Compatibility of the materials proposed with the principal structures and the surrounding properties b. Purpose of the accessory structure c. Consistency of architectural style including roof structure d. Setback from adjoining properties and location on the subject property Case No. Attachment A ZBA22-0009 Page 2 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 ZBA24-0011 Page 1 VICINITY MAP Case No. Attachment C ZBA24-0011 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 U S A AG 3.047671055 NR 2 HAKEMY, SHAIR B SF1-A 1120 HARBOR HAVEN 2.323953427 NR 3 THOMSON, PAUL SF1-A 1110 HARBOR HAVEN 0.326953635 NR 4 VICKI LORENE RENDA REVOCABLE T SF1-A 1100 HARBOR HAVEN 0.439516736 NR 5 CHOO, SHINSOO SF1-A 1105 HARBOR HAVEN 2.239419938 NR 6 ROBERTS, LASTARR SF1-A 1110 HARBOR RETREAT 2.127369417 NR 7 ROBERTS, LASTARR SF1-A 1100 HARBOR RETREAT 0.028087909 NR 8 WARDEN, DAVID SF20B 1559 FLAMINGO CIR 0.26847276 NR 9 PIERCE, DIANE SF20B 1579 FLAMINGO CIR 0.356518445 O 10 GRAY, JENNIFER SF20B 1539 FLAMINGO CIR 0.131641303 NR 11 GRAY, JENNIFER SF20B 1529 FLAMINGO CIR 0.135891989 NR 12 SWMGS LLC SF1-A 1095 HARBOR HAVEN 4.341299449 NR 1000 WALSH, DENNIS M SF1-A 1115 HARBOR HAVEN 4.134560152 U Case No. Attachment C ZBA24-0011 Page 2 Case No. Attachment D ZBA24-0011 Page 1 SUPPORTING INFORMATION AREAL VIEW STREET VIEW 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.