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
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: (address/legal 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 cviAccessory Building > Size Permitte #3) In-Home Daycare
#4) In-Home Swimming Lessons #5 Non-Commercial Antennas and Satellite Dishes > Height Permitted
Setback Reduction for Residential Accessory Building or Structu 47) 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-Al code 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-All code max to allow detached construction on the property.
1
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