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Item 9 - Staff ReportCase No. ZBA26-0002 S T A F F R E P O R T April 10, 2026 CASE NO: ZBA26-0002 PROJECT: 2848 Brookwood Lane – Special Exception Use for an Accessory Building EXECUTIVE SUMMARY: Brett Horton is requesting a Special Exception Use per Zoning Ord. No. 480, as amended, Section 44.12(2), for an accessory structure of a size greater than permitted and Section 44.12(6), for a reduction in the required setback for a residential accessory building on the property described as Tract 8Q, John L. Whitman Survey Abstract No. 1593 and located at 2848 Brookwood Lane, Southlake, Tarrant County, Texas. Current Zoning: “SF-1A” Single Family Residential District. SPIN Neighborhood #4. REQUEST: The purpose of this request is to seek approval for a Special Exception Use (SEU) for an approximately 550-square-foot covered patio addition to an existing garage. The existing garage is approximately 622 square feet, for a combined total size of 1,172 square feet. The current setback of the garage is 25.5 feet from the rear yard. The covered patio is architecturally cohesive with the existing garage roof. Accessory structures exceeding 500 square feet are required to comply with principal building setbacks, including the required 40-foot rear yard setback in this zoning district. Although the original garage is presumed to have been constructed prior to adoption of the 40-foot rear setback requirement, any addition or expansion to the structure must comply with current setback standards. The maximum cumulative area of accessory buildings permitted on this property is 1,050 square feet (3 percent of the lot area). A 499.56-square-foot metal accessory building currently exists on the site. With the requested covered patio addition, the cumulative accessory building area is 1,671.56 square feet, which exceeds the maximum permitted (the total accessory buildings on site is approximately 4.77% of the lot area). At the February 26, 2026 meeting, the Zoning Board of Adjustment tabled this case (5-0) to April 16, 2026, and requested the following 5 pieces of information: 1. That we understand what the penalty is for someone that proceeds on a project with a stop work order. 2. Analysis by staff of the neighborhood characteristics & character so we can get a general understanding of what the neighborhood character is, and whether this is consistent with it or not. 3. A person from Code Enforcement attends the meeting to give us specific information about: • How they were notified. Department of Planning & Development Services Case No. ZBA26-0002 • Why did they investigate the case in the first place. • What the procedures would be from this point on in terms of interaction with the applicant. 4. Property owner must be present at this meeting. 5. Staff notify the neighbors who submitted testimony for tonight so they can discuss with us their perception of the situation. In response to these requests, the Interim Chief Building Official will be present to answer questions at the meeting on April 16, 2026. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval of a SEU ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owners Map and Responses (D) Plans and Support Information STAFF CONTACT: Cyndi Cheng (817) 748-8269 Jennifer Crosby (817) 748-8195 Case No. Attachment A ZBA26-0002 Page 1 BACKGROUND INFORMATION OWNER: Brett Horton APPLICANT: Same as Owner PROPERTY SITUATION: 2848 Brookwood Lane LEGAL DESCRIPTION: Tract 8Q, John L. Whitman Survey Abstract No. 1593 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “SF-1A” Single Family Residential District HISTORY: The property was annexed to the city in 1968. A residential addition permit was issued January 12, 2012 for a screen room. A residential accessory building permit was issued May 20, 2022 for a boat garage. UTILITIES: There is an 8-inch water line and a 6-inch sewer line along Brookwood Lane. STAFF COMMENTS: The application and exhibits are provided in this Staff Report. 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. The requirements for Special Exception Use Permit for 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 in Zoning Ord. 480, Section 44.12(2) are below: 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 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; Case No. Attachment A ZBA26-0002 Page 2 c. Consistency of architectural style including roof structure; d. Setback from adjoining properties and location on the subject property. (As amended by Ordinance 480-QQQ) A Special Exception Use Permit for a reduction in the required setback from property lines for a residential accessory building or structure is required, in accordance to Zoning Ord. 480, Section 44.12 (6). Case No. Attachment B ZBA26-0002 Page 2 SURROUNDING PROPERTY OWNERS MAP & RESPONSES n i YW Responses: F: In Favor O: Opposed To U: Undecided NR: No Response SPO Owner Zoning Physical Address Acreage Response n 1 DOWD, DAVID SF1-A 2900 HILLCASTLE LN 0.72 NR 2 SCHUETZ,TIMOTHY FRANK SFl-A 2845 HILLCASTLE LN 0.80 F 3 RUSSELL, DAVID G SFl-A 2745 RAINTREE DR 0.69 NR 4 WALSH REAL ESTATE IRREVOCABLE SFl-A 0.11 NR 5 SHEIKH, HASSAN SF1-A 2850 BROOKWOOD NR LN 0.81 6 GESLANI, GIOVANNI SFl-A 2735 RAINTREE DR 0.88 F 7 WALSH REAL ESTATE IRREVOCABLE SF1-A 0.14 NR 8 CURRENT OWNER SFl-A 2725 RAINTREE DR 0.23 NR 9 ITZLA, KIM L SF1-A 2849 BROOKWOOD NR LN 0.68 30 HASSAN,SYED SF1-A 2851 BROOKWOOD NR LN 0.54 11 JASTY, PRASANTHI SF1-A 839 SIMMONS CT 1.01 NR 12 PONGRATZ,JUERGEN SF1-A 841 SIMMONS CT 1.05 NR 13 GALANOS, MARK SF1-A 2800 HILLCASTLE LN 0.83 NR 14 HUBBARD,VONNA R I SF1-A 2740 RAINTREE DR 1.04 NR Case No. Attachment C ZBA26-0002 Page 3 15 FARQUHAR, KAREN L SF1-A 2721 RAI NTREE DR 1.05 NR 16 WALSH REAL ESTATE IRREVOCABLE SF1-A 2904 BROOKWOOD NR LN 0.24 17 WRIGHT, RODNEY SF1-A 2820 HILLCASTLE LN 0.82 NR 18 SUPERINTENDENT OF CARROLL ISD NR 19 SUPERINTENDENT OF GRAPEVINE NR COLLEYVILLE ISD 20 SUPERINTENDENT OF NORTHWEST NR ISD 21 SUPERINTENDENT OF KELLER ISD NR 1000 HORTON, BRETT SFl-A 2848 BROOKWOOD LN 0.85 Notices Sent: Twenty-one (21) Responses Received within 300% In Favor: 2 Opposed: 0 Undecided: 0 Two (2) responses in favor were received within 300'. Note: Notices were resent for the April 16, 2026 meeting. No additional responses have been received. Case No. Attachment C ZBA26-0002 Page 4 To whom it may concern. My name is Joanna Geslani,and I am the owner of property 2735 Rai ntree Dr.,which is adjacent to Brett Horton at 2M Brookwood lane, l am aware that the owner of 2848 Brookwood In,Brett Horton has added a patio associated with the detached garage located on their property. I have reviewed the location of the patio and its proximity to the shared property line and am in support of a special exception for the patio attached to the detached garage. A single roof fine is an improvement to two stand alone structures and this structure does not negatively impact my property. This letter is provided voluntarily to support the permit application for the improvements at 2848 Brookwood In. Kind regards, i December 31, 2025 City of Southlake My name is Tim Schuetz,and I am the owner of property 2845 Hillcastle In,which is directly behind Brett Horton at 2848 Brookwood lane. I am aware that the owner of 2848 Brookwood In, Brett Horton has added a patio associated with the detached garage located on their property. I have reviewed the location of the patio and its proximity to the shared property line and am in support of a special exception for the patio attached to the detached garage. A single roof line is an improvement to two stand alone structures and this structure does not negatively impact my property. THs letter is provided voluntarily to support the permit application for the improvements at 2848 Brookwood In. Kind regards, L� Timothy Frank 5chuetz SPECIAL EXCEPTION USE APPLICATION AND SUPPORTING EXHIBITS SOUTHLAKE PLANNING&DEVELOPMENT SErSVI(:ES ZONING BOARD OF ADJUSTMENT SPECIAL EXCEPTION USE APPLICATION 1400 Main Street, Suite 310 Soulhlake, TX 76092 Phone: (817) 748-8621 ZBA CASE NO.: FEE: $305.00 Location J of Application: (addressllegal description) �-r 9 LSrook w o.;t 1 So u 44k) In *y, 760 ct ;L� I Owner. Applicant (if different than owner): Address:, a Iaue Address: 76og1 Telephone: 47i_To,t_ msS Telephone: Emair. MEOW 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 qatcessory Building > Size Pennitte #3) In-Home Daycare #4) "ome Swimmin Non-Commercial Antennas and Satellite Dishes > Height Permitted IIE Setback Reduction for Residential Accessory Building or Shuctu #7) Accessory Building Located Forward of the Principal Building o7flhcLvt Reason for Application: -tk p 1' bt oe t je o ' Y S4G � C-0T r Na �� 4 t � QRG Cir4�'V SOO .�a1 1. r c�,� �_ SALc:.t - �c_T�+L—_ 4v .Cml L44- a, 1 Iek r1 aZfA53&fy bN,)dr f. t 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 verged 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 otter the date the decision is filed in the board's office. Signature of Owner or Authorized Agent : Date: 12-2y—iT 2 PROPERTY OWNER ACKNOWLEDGEMENTS Notarized signature of all owners is mandatory. Use additional sheets if necessary. PrOP"Ownership AckrXw0 dgwMwt.As owner of the property described in this application,I understand that my property is being considered for a Special Exception Use permit. Sigrudure of Owner Date 0--2°I-,2 S- Ownet's Name(Typed or Printed) c->A Notary Acknowfedg'emenh Before me,the undersigned authority,on this day personally appeared Y E�} fTJti TC?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 201 day of 'Dt C.t M bP_(' 202-S Z MARLEY MICHEL•LYNN BOCK Notary Public I For Texas _:. :n�Notary Public.State of Texas ^� :+` Comm. Expires 06-11-2029 My commission expires fhe } day of V UYV 20 2 el Notary ID 135518815 Agent Authorization (if applicable) Aqw*Audkwfzadw:I, owner of the aforementioned property do hereby certify that I have givers my pemtission to to act as my agent for this special exception use permit Signature of Owner Date Ownees Name(Typed or Printed) Notary Acknowledgement.Before me,the undersigned authority,on this day personally appeared krwwn to ms to be the persrirt whose name Is subscribed to the above and foregoing instrument,and knowledge to me that he/she exetxited the same for the purposes end consideration expressed and in the capacity therein stated. Given under my hand and seal of office on this the day of ,20 Notary PL"ic In and For Texas My oanmissiorf expires the day of .20 3 Special Exception Use Application Justification To whom it may concern. Please see the two comments below for the request for special exemption. The patio I am permitting attaches to my existing detached garage and faces the pool in the rear or my house. The patio addition is below 500 square feet if built stand alone,but due to the connection to the existing garage the entire square footage of the patio and garage are considered and are greater than 500 square feet. This then requires a setback from the property line of 40 feet and also brings the detached garage into the calculation of accessory building bringing the total above the 3%of the lot size. I need a variance as the garage sits approximately 25 feet from the back of the lot and exceeds the total accessory square footage for the lot.The combination of the two structures(patio and garage)improves the esthetics of the property by providing a single roof line and makes the overall structures more compact in how they sit on the lot. In addition,the combination with the garage increase functionality and reduce the need to build further wall infrastructure. This structure does not negative impact any neighbors. Comments from Southlake 1.The structure does not meet the rear yard setback of 40 feet.Accessory structures over 500 square feet are subject to principal building setbacks(Zoning Ordinance No.480,as amended,Section 11.j.l.iii.1).Although the original garage is presumed to have been built prior to the requirement for a 40 ft.rear yard setback,any additions must meet this standard.As such,the structure cannot be permitted as shown without ZBA approval of a Special Exception Use(SEU)for a reduction in the required setbacks for residential accessory buildings.The application and submittal schedule are available here:https://www.cityofsouthiake.com/302/Applications-Fees-Submittal-Schedules Please contact Planning staff for further information. 2.The sum total of accessory buildings on a lot in the SF-1A zoning district is 3%of the lot area or 4,000 square feet,whichever is less(Zoning Ordinance No.480,as amended,Section 13.j.i.i).Based on the submitted site plan,the maximum sum total of accessory buildings for this property is 0.03 x 35,000= 1,050 square feet.it appears the garage,covered patio,and metal building together are approximately 1,594 to 1,679 square feet(there are discrepancies in the dimensions of the structures between exhibits).As such,the structure cannot be permitted as shown without approval from ZBA for an SEU for an accessory building greater than the size permitted.See comment p1 above for application information.(Note:Per Zoning Ordinance No.480,as amended,Section 34.1(e),detached garages under 1000 square feet do not count towards the permitted cumulative size of accessory buildings.with the covered patio addition,the full garage structure exceeds 1000 square feet and therefore the full structure counts toward the permitted cumulative size.) GF#ST0788 Jeanne Sanders Lot 1 Vol.10721,Pg,1971 Dowd Add. DUCT Dowd PRTCT N 89'29'07" E 199.66' meas. N 89'20 E 200.0 Deed 1/2'CIRF ROONE z9 SR-A Zoning \ 10.0' y�SC^ 4 li '��$°, 111 NS 1° ' $� POOL P r4Ye1 FloorUNi M, lN r n�� EUv6\Be.l c\ �' 10.3' nev69a.3 4 , Lot 4 J. Whitman _ X 0p No. 1593 Add.` 2 �e ja• D222237247 o OPRTCT 5 Finish Floor ory House Hev:586.8 to O 00 Brett 6 Ana Horton B221159547 p 5 13PRTCT r-j J v Ln O LA O co p � � fD � d N Li As Built Survey of a tract of land out All distances are measured perpendicular or radial of the Sohn Whitman to lot lines unless noted otherwise. Survey Abstract No. Bearings based on Grid North, NAD 83, North 1593. City of Southlake, Central Texas Zone 4202. P,t$ OF TE,x Tarrant County, Texas. Alpha Land Surveying, Inc. -r Micenr�e e onvis 969 Elkin Lane Keller,Texas 76262-4941 t °tsslo yoh Phone(817)614-8017 Texas RPLS 5094 4'v0 gURyW Date of Survey:November 18,2025 Rrr n Registration Certificate Number: 10135300 mbd7®gte.net © Copyright 2025 Michael B Doyle/Alpha Land Surwydng, Inc. 2848 Brookwood Lane ; . �\ | muep@euupo a ) 2 - =—=-- . � ; . � » , $ | , , • � � ` ! - % k �� - _ - - --'--/ : \ . q \ « . , 47 ic' 4*44W.�1'11 V i jjjjjjle *'p Az dill�IIIIIAI�nm�lf ar '41 �g; December 31, 2025 City of Southlake My name is Tim Schuetz,and I am the owner of property 2845 Hillcastle In,which Is directly behind Brett Horton at 2848 Brookwood lane. I am aware that the owner of 2848 Brookwood In,Brett Horton has added a patio associated with the detached garage located on their property.I have reviewed the location of the patio and its proximity to the shared property line and am In support of a special exception for the patio attached to the detached garage.A single roof line is an improvement to two stand alone structures and this structure does not negatively impact my property. This letter is provided voluntarily to support the permit application for the improvements at 2848 Brookwood In. Kind regards, L Timothy Frank Schuetz To whom it may concem. My name is Joanna Geslani,and I am the owner of property 2735 Raintree Dr.,which is adjacent to Brett Horton at 2848 Brookwood lane. I am aware that the owner of 2848 Brookwood In,Brett Horton has added a patio associated with the detached garage located on their property.I have reviewed the location of the patio and its proximity to the shared property line and am in support of a special exception for the patio attached to the detached garage. A single roof line is an improvement to two stand alone structures and this structure does not negatively impact my property. This letter is provided voluntarily to support the permit application for the improvements at 2848 Brookwood In. Kind regards, "Ila 62S lRlt(i