Item 4C - Staff Report
Case No.
ZA26-0005
S T A F F R E P O R T
February 9, 2025
CASE NO: ZA26-0005
PROJECT: Sidewalk Variance Request for 906 Shady Lane
EXECUTIVE
SUMMARY: Sean Atkins is requesting approval of a sidewalk variance for 906 Shady Lane
on a property described as Lot 23, S. Freeman No. 525 Addition, City of
Southlake, Texas, and located at 906 Shady Lane. Current Zoning: “SF-1A”
Single Family Residential District. SPIN Neighborhood #4.
DETAILS: The applicant seeks a variance from Section 5.06 of the Subdivision Ordinance
No. 483, as amended, requiring a 5-foot sidewalk along the street frontage. This
variance request is based on the absence of sidewalks along Shady Lane,
adjacent properties do not have connecting sidewalks, and the presence of
drainage channels on the side of the road in the area where a sidewalk would be
constructed. Approval from the City Council is required for modifications or
variations to the Subdivision Ordinance.
ACTION NEEDED: Consider approval of a Sidewalk Variance
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
Variance Request
Presentation
STAFF CONTACT: Cyndi Cheng (817) 748-8269
Dennis Killough (817) 748-8072
Item 4C
Department of Planning & Development Services
Case No. Attachment A
ZA26-0005 Page 1
BACKGROUND INFORMATION
OWNER: Sean Atkins
APPLICANT: Same as Owner
PROPERTY SITUATION: 906 Shady Lane
LEGAL DESCRIPTION: Lot 23, S. Freeman No. 525 Addition
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “SF-1A” Single Family Residential District
HISTORY: The property was annexed into the City in 1956.
December 8, 2016; An escrow payment of $11,000 for sidewalks was
made in association with 15 residential lots and 3 open space lots of
the Shady Lane subdivision. The subdivision is located on the east
side of the northern portion Shady Lane.
A Plat Showing for the property (ZA25-0063) was filed with Tarrant
County on November 7, 2025.
SOUTHLAKE
COMPREHENSIVE PLAN: Consolidated Future Land Use
The Southlake Consolidated Future Land Use Plan designates this
lot as Low Density Residential.
The purpose of the Low Density Residential land use category is to
provide for and to protect low intensity detached single-family
residential development that promotes the openness and rural
character of Southlake.
The Low Density Residential category is for detached single-family
residential development at a net density of one or fewer dwelling units
per acre. Net density is the number of dwelling units per net acre,
which excludes acreage in all rights-of-way, easement, and lots
designated for public or private streets. Other suitable activities are
those permitted in the Public Parks / Open Space and Public / Semi-
Public categories. The Low Density Residential category encourages
the openness and rural character of the City of Southlake
Pathways Master Plan & Sidewalk Plan
The Subdivision Ordinance, No. 483, as amended, Section 5.06
requires sidewalks at a minimum of 5-foot in width for residential
property construction.
TRANSPORTATION
ASSESSMENT: Shady Lane is a local residential street with a minimum 50’ right-of-
way.
Case No. Attachment A
ZA26-0005 Page 2
UTILITIES: There is an existing 8-inch water line along Shady Lane. There is an
existing 6-inch sanitary sewer line along Shady Lane.
STAFF COMMENTS:
Subdivision Ord. No.483, as amended Section 5.06
Section 5.06 Sidewalks: (As amended by Ord. No. 483-K, Ord. No.
483-Q)
A. General Provisions: The purpose of this section is to provide
for the orderly, safe and healthful construction of sidewalks
within the City and to promote the health, safety and general
welfare of the community. In order to carry out these
purposes, it is hereby declared to be the policy of the City to
guide and regulate sidewalk construction within the City.
B. Requirements:
1. General Requirements. Any new development in the
city shall provide for the location and construction of
sidewalks as provided in this section. This shall
include the dedication of necessary right-of-way or
public access easement and the construction of
sidewalks according to the specifications provided
herein.
2. Residential Requirements:
a. Applicability: Sidewalks shall be required on
both sides of all public and private streets in all
residential subdivisions platted or replatted
after the effective date of this ordinance. A
proposed Pedestrian Access Plan must be
included as an element of any Concept Plan
application, or in the case where no Concept
Plan is required, with the Preliminary Plat
application and shall be processed
concurrently with these applications. The
Pedestrian Access Plan shall demonstrate a
method for the safe and effective movement of
pedestrians both within the subdivision and to
and from Trail System connections, where
applicable.
b. Southlake Pathways Plan: Regardless of
average lot size, the developer or builder of a
residential subdivision platted or replatted after
the effective date of this ordinance shall install
sidewalks and/or trails in accordance with the
Southlake Pathways Plan, as amended.
Case No. Attachment A
ZA26-0005 Page 3
c. Time of Construction:
i. Owners/homebuilders: Each owner/home
builder within a residential subdivision platted
after the effective date of this ordinance shall
construct sidewalks at the time of construction
of the house. In those circumstances where a
sidewalk would impact the construction of
driveways and access walks, the sidewalks
shall be constructed before the City’s final
building inspection. A certificate of occupancy
will not be issued until required sidewalks are
in place.
C. Sidewalk Specifications:
1. Sidewalk Size and Locations: All sidewalks shall be at
least five feet wide or in conformance with the Trail
System Master Plan, whichever is greater, and shall
be located between the curb or grade line of the public
street and the ROW line or public access easement if
approved by the city, no closer than two (2) feet to the
curb or grade line. The City Engineer or Building
Official may alter alignment so that the sidewalk
meanders within the area between the curb and right-
of-way line. (As amended by Ord. No. 483-Q)
2. Construction Specifications:
a. Concrete Requirements: Concrete for
sidewalks shall have a minimum compressive
strength of three thousand (3,000) psi at
twenty-eight (28) days. The quantity of mixing
water shall not exceed six and one-half (6 ½)
U.S. gallons per sack (ninety-four (94) lbs.) of
Portland cement. The slump of the concrete
shall not exceed four (4) inches. A minimum
content of five (5) sacks of cement per cubic
yard of concrete is required. Sidewalks shall
be at least four (4) inches thick.
b. Reinforcement: Sidewalks shall be reinforced
with 3/8 inch No. 3 bars set on 24-inch centers.
c. Expansion and Control Joints: One-half-inch
premolded bituminous expansion joints with
No. 4 (½-inch nominal diameter) smooth
dowels shall be spaced at twenty-foot
intervals. Where new work abuts driveways,
pavement, curbs or any other work, expansion
joints shall be filled with premolded bituminous
expansion joint filler or redwood at least one-
inch nominal thickness and shall extend six (6)
Case No. Attachment A
ZA26-0005 Page 4
inches deep and the entire width of the
concrete sections. Bars used in this joint shall
be sleeved to allow for the movement of
concrete on the bars. The bars shall be
smooth three-eighth (3/8) inch No. 3 bars
minimum. No deformed bars shall be allowed.
Sidewalk control joints shall be grooved three-
eights (3/8) inch deep on four-foot centers.
d. Sidewalk Finish: The surface of the sidewalk
shall have a monolithic broom finish. In no
case shall the surface be left slick or with a
glossy finish. The edges of the sidewalk control
joints and expansion joints shall be tooled to a
smooth finish not less than two (2) inches in
width. Exposed edges of the sidewalk shall be
rounded with an edger to a radius of one-half
(½) inch.
e. Fire Hydrant Locations: Where a sidewalk is to
be constructed and a fire hydrant would be
within the forms, the forms shall curve around
the fire hydrant such that the walk misses the
fire hydrant by a minimum distance of one (1)
foot. A transition of 10 feet is required in and
out of curved areas.
f. Service and Meter Boxes: Where a sidewalk is
to be built and a water meter box would be
within the forms, a precast, concrete box shall
replace the plastic box. This box shall have a
hinged metal lid and be set at an elevation that
will be equal to the finish grade of the sidewalk.
If the builder so chooses, the builder may move
the water meter box outside the forms at the
builders expense.
g. Drainage: All sidewalks shall be built at an
elevation that will not impede or be otherwise
detrimental to proper lot drainage, with natural
grade preferred.
3. Wheel-Chair Access Ramps
a. Location: A wheel-chair access ramp must be
constructed at any point a proposed sidewalk
intersects a city street with the exception of
walks leading from the street to the door of a
residence. Access ramps must be constructed
with a maximum 1" wide expansion material
between the street and ramp flush with the
finish grade.
b. Grade: Care shall be taken to ensure a uniform
grade meeting ADA requirements on the ramp,
free of sags and short grades. Access ramps
Case No. Attachment A
ZA26-0005 Page 5
shall be built to grades no greater than 1 ft. of
fall per 12 feet in length.
c. Surface Finish: Surface texture of the ramp shall be
obtained by coarse brooming, perpendicular to the
slope of the ramp.
d. Curb and Gutter: The normal gutter line shall be
maintained through the area of the ramp. Curb cuts
for ramps shall be located as shown on street plans or
as approved by the City Engineer.
D. Maintenance:
1. Responsibility for Maintenance:
a. It shall be the duty and obligation of all owners
and occupants of real property abutting upon
sidewalks in the city, at their own cost and
expense, to maintain and keep the sidewalks
bordering their property level and free of
depressions, excavations, elevations,
inconsistencies, obstacles, obstructions or
encroachments, natural or artificial, above or
below ground level, or which overlap, impinge
upon, or appropriate any part of the sidewalk
area or the space eight (8) feet above it.
b. Any damage done to a sidewalk by the City or
a City hired contractor shall be repaired by the
City or contractor.
c. Any damage done to a sidewalk by a
franchised utility shall be repaired by the
franchised utility.
2. Provisions for Adequate Maintenance:
a. Inspection and Notification: When the city
determines that any section of sidewalk
requires repairs or maintenance, a letter
describing the necessary repairs will be sent to
the adjacent property owner. The letter shall be
given:
i. Personally to the owner in writing; or
ii. By regular or certified mail to the
owner's post office address; or
iii. If the letter cannot be delivered by
personal service or by regular or
certified mail, by publication in the
official newspaper at least twice within
ten (10) consecutive days.
b. Time of Response: The property owner shall
have 30 days from receipt of the letter
Case No. Attachment A
ZA26-0005 Page 6
described in Subsection D.2.a above to make
the necessary repairs. If weather conditions or
other extenuating circumstances dictate, this
30 day period may be extended by the Director
of Public Works, provided that the property
owner has contacted the Public Works
Department with a plan for repairs prior to the
expiration of the 30 days .
c. Failure to Repair:
i. City Action: Any repairs that are not
performed by the property owner, and
which are determined to be hazardous
to pedestrians or other users of the
sidewalk, may be performed by the city
or a city hired contractor. After
completion of repairs, the city shall
send the adjacent property owner a
notice which shall include:
(a) identification of the property;
(b) a description of the violation;
(c) a statement that the city made the
necessary repairs;
(d) a statement of the city's charges
and expenses in making the repairs;
(e) an explanation of the property
owner's right to request a hearing within
10 (ten) days from receipt of the notice;
and
(f) a statement that if the owner fails or
refuses to pay the expenses within
thirty (30) days from receipt of the
notice, the mayor or his designee shall
obtain a lien against the property by
filing with the county clerk a notice of
lien and statement of expenses
incurred.
d. Notice to Property Owner: The notice shall be
given in the manner as provided in Subsection
a above.
e. Request for Hearing: The property owner may,
within ten (10) days from receipt of the notice
in Subsection c above, file a written request for
a hearing before the city council in order to
contest the amount or validity of such costs.
Upon receipt of a timely request, a hearing will
be scheduled before the city council. At the
hearing, the city council shall determine
whether the charges are reasonable and were
properly assessed.
i. Filing of Lien: If no hearing is
Case No. Attachment A
ZA26-0005 Page 7
requested, or if a hearing is held and
the charges are determined to be valid,
and the property owner fails or refuses
to pay such charges within thirty (30)
days from receipt of the notice to pay,
the city council may assess the costs
incurred against the adjacent property,
whereupon the mayor shall file a notice
of lien and statement with the county
clerk of the costs incurred for the repair
of the sidewalk and the city shall have
a privileged lien on the property second
only to tax liens and liens for street
improvements. The notice of lien shall
state the name of the owner if known,
and the legal description of the
property. Said privileged lien shall bear
interest at the rate of ten percent (10%)
per annum from the date the work was
performed or payment therefor was
made by the city.
ii. Cost Recovery: For any such costs
and interest as aforesaid suit may be
instituted and foreclosure had in the
name of the city. Any statement so filed
or a certified copy thereof, shall be
prima facia proof of the amounts
expended for any such work and repair.
Case No. Attachment B
ZA26-0005 Page 8