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Item 5 - Staff Report and ExhibitsCase No. ZBA25-0002 S T A F F R E P O R T March 7, 2025 CASE NO: ZBA25-0002 PROJECT: 1900 N. Carroll Ave. – Variances to Setbacks and Lot Coverage EXECUTIVE SUMMARY: Michael Moore is requesting approval of variances to Zoning Ordinance No. 480, Sec. 9.5.b requiring a front yard of not less than 40 feet, Sec. 9.5.c requiring a side yard of not less than 25 feet, Sec. 9.5.d requiring a rear yard of not less than 40 feet, and Sec. 9.5.e requiring the maximum lot coverage to not exceed 10% of the lot area, on property described as Tract 2B01, A.H. Chivers Survey Abstract No. 299, and located at 1900 N. Carroll Ave, Southlake, Tarrant County, Texas. Current Zoning: “AG” Agriculture District. SPIN Neighborhood #3. DETAILS: This property is a 0.253 acre unplatted tract located on the west side of Carroll Ave. The purpose of this request is to seek approval for variances to allow side, rear, and front yard setback reductions and to allow an increase in maximum lot coverage for the purpose of identifying buildable area of the property. The home was constructed in 1945 and the property was annexed into the city in 1957. The tract was zoned “AG” Agricultural District with the passage of Zoning Ordinance No. 261 and with the adoption of the current Zoning Ordinance No. 480 and the Official Zoning Map. However, due to the size and dimensions of the tract, there is no buildable area on the property that would meet the setback and lot coverage requirements of the “AG” district. The existing home is a legal, non- conforming structure. The applicant is requesting the following variances: - Zoning Ordinance No. 480, Sec. 9.5b requires a front yard of not less than 40 feet; the applicant is requesting a front yard of 11 feet (as measured from the future ultimate right of way of Carroll Ave.). - Zoning Ordinance No. 480, Sec. 9.5.c requires a side yard of not less than 25 feet; the applicant is requesting side yards of 15 feet. - Zoning Ordinance No. 480, Sec. 9.5.d requires a rear yard of not less than 40 feet; the applicant is requesting a rear yard of 15 feet. - Zoning Ordinance No. 480, Sec. 9.5.e permits a maximum lot coverage of 10%; the applicant is seeking an increase to 32.9% (as measured after required right of way dedication). ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval of Variances ATTACHMENTS: (A) Background Information (B) Vicinity Map Department of Planning & Development Services Case No. ZBA25-0002 (C) Surrounding Property Owners Map & Responses (D) Supporting Exhibits STAFF CONTACT: Wayne Powell (817) 748-8281 Jenny Crosby (817) 748-8195 Case No. Attachment A ZBA25-0002 Page 1 BACKGROUND INFORMATION OWNER: Michael Moore APPLICANT: Michael Moore PROPERTY SITUATION: 1900 North Carroll Avenue LEGAL DESCRIPTION: Lot 2B01, Absolom H Chivers Survey; A 299 LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “AG” Agriculture HISTORY: The existing home was constructed in 1945. (Source: TAD). The property was annexed into the City in 1957 and given the “AG” Agricultural District zoning designation. (Ordinance No. 81) The property was zoned “AG” Agricultural District with the adoption of Zoning Ordinance No. 261. UTILITIES: The is an existing 12” water line and a 6” sanitary sewer line adjacent to the property. Both run along Carroll Ave. CITIZEN INPUT: One letter of opposition has been received. STAFF COMMENTS: To authorize in specific cases variances from the terms of this ordinance as will not be contrary to the public interest, where due to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship and where the spirit of the ordinance is observed and substantial justice is done. A variance shall not be granted by the Board of Adjustment except in accordance with the following: 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 literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; 3) That the special conditions and circumstances do not result from the actions of the applicant; 4) That granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. Additionally, Carroll Ave is an 88-foot right-of-way, which means the minimum yard and building setbacks should be measured from a minimum of 44-feet on each side from the centerline of N Carroll Ave. However, new development is only required to dedicate ROW as it reasonably relates to the need of the development. As such, 25 feet of ROW dedication will be required for the tract when it is platted (Subdivision Ordinance section 5.02). An additional 19 feet will need to be placed in an easement, so the total ROW plus the easement from the center of Carroll Ave will need to Case No. Attachment A ZBA25-0002 Page 2 be 44 feet. The front setback of 11 feet is measured from ultimate right of way (which includes the easement), rather than the property line. Case No. Attachment B ZBA25-0002 Page 1 Case No. Attachment C ZBA25-0002 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1 SCOTT, DONALD SF1-A 1045 CARROLL MEADOWS CT 0.86 NR 2 HAYNES, LARRY S SF1-A 2079 N CARROLL AVE 0.05 NR 3 LIU, JIN SF1-A 1106 DEL MAR DR 0.33 NR 4 CHANDRAN, RAMESH SF1-A 1035 CARROLL MEADOWS CT 0.22 NR 5 FURNISS, MARK AG 1100 PRIMROSE LN 0.41 NR 6 KNAPP, DEWITT L SF1-A 1105 DEL MAR DR 0.00 NR 7 MARANAN, BERNADETTE SF1-A 1101 DEL MAR DR 0.72 NR 8 PACE, JUSTIN SF30 1090 PRIMROSE LN 0.39 NR 9 FURNISS, MARK AG 0.20 NR 10 SOUTHLAKE, CITY OF ECZ 1116 LAKE CARILLON LN 0.06 NR 11 CARILLON HOME OWNERS ASSOCIATI ECZ 1081 PRIMROSE LN 0.06 NR 12 PATEL, NIMESH ECZ 1028 DELACROIX DR 0.13 NR 1040 CARROLL 13 AGREN,JOSH SF1-A MEADOWSCT 0.99 NR 1100 BAY MEADOWS 14 NGUYEN,ASHLEY SFl-A DR 1.01 NR 1030 CARROLL 15 SUNSET SHORES LIVING TRUST SF1-A MEADOWSCT 1.02 NR 16 SAYERS, BRENDAN ECZ 1129 SAVOY LN 0.36 NR 17 ALBERTI, GUSTAVE ECZ 1024 DELACROIX DR 0.37 0 18 WIBORG FAMILY TRUST ECZ 1020 DELACROIX DR 0.37 NR 1000 MICHAEL MOORE AG 1900 N CARROLL AVE 2.82 Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Eighteen (18) Responses Received within 300': In Favor: Opposed: 1 Undecided: No Response: Case No. Attachment C ZBA25-0002 Page 2 Case No. Attachment C ZBA25-0002 Page 3 Case No. Attachment C ZBA25-0002 Page 4 5 V l L KE PLANNING 2. DEVELOPMENT SFRVICES 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) 1900 North Carroll Avenue, Southlake, TX 76092 See attached legal description Owner:Michael Moore Applicant(if d'rrferent than owner): Address: 1415 Hawthorne Lane Address: Keller,TX,76262 Telephone: (817) 307-8719 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.) Purchased 1900 N. Carroll in December and found out the property is zoned as agricultural. House is in worse shape than expected (potentially unsalvageable). Original plan was to renovate home for my daughter but felt house is too far gone. My new plan is to sell the lot for residential construction purposes in alignment with the surrounding neighbors wishes. 1 Agriculture zoning requirements: Not less than 25 feet of side yard: request variance of side yard setback of 15 feet Rear yard not less that 40 feet: request variance of 15 feet. Building structure max lot coverage is 10 percent: request variance to 25.6 percent Minimum lot size 435,600sf: request variance of current lot to 10,954.9sf Lot dimension 300'X500': request variance to current lot size of 110'X99.59' 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.) See above 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: Property was developed in 1940 and was originally 11 acres. Over the course of time, land was subtracted from original tract for development surrounding the homes. As time went by zoning was not changed from the original agriculture designation. At some point it would have served to change to single family but it remained agriculture. We are requesting a variance to allow the land to be developed that better fits the surrounding residential homes. Explain why these unique conditions and circumstances make it UNREASONABLE or UNFAIR to apply the STANDARD ordinance requirements to your property: As the home currently sits it is dilapidated, an eye sore, and potentially a hazard to the community. It may or may not be able to be rehabilitated. With the current zoning we would not be able to develop the land and bring a new, beautiful home to the community. 2 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: Purchased home in December with intentions of renovate but felt like property was too far gone and not commensurate with the properties around it. After speaking with neighbors, the best path forward is to sell the land to someone else to develop a beautiful new home but did not realize that historical zoning designation of agriculture on a % acre lot would limit our ability to use the land. These restrictions are historical and not a result of our 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: Met with surveyor and came up with a footprint that has reasonable setback and would not interfere with future expansion of Carroll Avenue. We have developed a footprint that will optimally use the land to build a new construction home. 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: The historical designation of agriculture on this land is not in line with what could be allowed with it current use. We feel that this is an antiquated oversight and what is asking for is not unfair and would be improvement for City of Southlake and all parties involved. 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. 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 4 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 Ag //G Date: �f 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 Vr/9ce. Signature of Owner Owner's Name(Typed or Printed) Notary Acknowledgement:Before me,the undersigned authority, on this day personally appeared Ry 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. Givey under my hand and seat of office on this th °e ! (r day of d ) 20_Q Notary Public l dFor Texas (� �£f � ANGELAWALDROP �i ✓ #*�t '' MyNotarylD#7436385 My commission expires the day of % 20 Fop ZF� Explras October 19.2026 Agent Authorization (if applicable) Agent Authorization:1, owner of the aforementioned property do hereby certify that I have given my permission to to act as my agent for this variance 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. 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