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ZBA26-0020-Variance-1496 E Dove Rd PUBLIC HEARING NOTICE ZBA26-0020 Dear Property Owner: A request for a Variance has been filed with the Board of Adjustment of the City of Southlake. Variance to Zoning Ordinance No. 480, as amended, Section 11.5(d), requiring a rear yard of not less than 40 feet, on property described as Tract 4A, F. Throop No. 1511 and located at 1496 E. Dove Road. Current Zoning: “S-P-2” Generalized Site Plan District. The purpose of this request is to seek approval of a Variance to allow an attached patio and fireplace to encroach into the 40’ rear yard setback. If you wish to register your views on the matter, you may complete and send the enclosed Notification Response Form to the Planning & Development Services Department. You are encouraged to follow the requested action through final approval because changes are often made during the review process. Please note that this letter and its attachments constitute written notice about the proposed Variance. Please contact the Planning and Development Services Department if you have any questions at (817) 748-8621. CITY OF SOUTHLAKE PLANNING & DEVELOPMENT SERVICES 1400 Main St.; Suite 310 Southlake, TX 76092 Phone: (817) 748-8621 www.cityofsouthlake.com Zoning Board of Adjustment Thursday, September 24, 2026 6:30 PM Applicant: Trevor Stitt, Highpoint Home Builders, LLC Property Owner: Old Oaks Trust Town Hall Council Chambers 1400 Main Street Southlake, Texas Notification Response Form ZBA26-0020: Variance for 1496 E. Dove Road Meeting Date: September 24, 2026 Applicant: Trevor Stitt, Highpoint Home Builders, LLC Property Owner: Old Oaks Trust Fill out: Owner: _____________________________ Address: ____________________________ City, State, Zip Code: __________________ PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed application referenced above. Space for comments regarding your position: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Signature: _______________________________________ Date: ______ Additional Signature: _______________________________ Date: ______ Printed Name(s): _____________________________________________ Must be property owner(s). Otherwise contact the Planning Department. One form per property. Phone Number (optional): ______________________________________ Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone : (817) 748-8621 G O L D E N G A T E BAYMEADOWSDOVE LONESOMEDOVE1421 21001220 1304 1312 1415 1240 1496 2050 1611 2000 1211 1497 1407 1308 1395 1300 1507 1481 1363 2175 1601 2101 Vicinity Map ¯ 1496 E Dove Rd ZBA26-0020 0 0.02 0.04 0.06 0.080.01 Miles 56734106v.1 Tyler Wallach (817) 334-7203 twallach@jw.com August 27, 2026 Zoning Board of Adjustment City of Southlake, Texas 1400 Main Street, Suite 4600 Southlake, Texas 76092 Chairman Medici and Board Members: This firm represents Old Oaks Trust, the owner of 1496 East Dove Road (the “Property”). On its behalf, we respectfully request a variance from the 40-foot rear yard requirement of the “SF- 1A” Single Family Residential District to permit construction of an exterior patio and fireplace as part of the renovation of the existing home. The request is narrow. The patio and fireplace would continue the existing roof line and the established exterior facade of the home. Because the house does not sit parallel to the rear property line and was already built a few inches into the setback, extending that as-built line causes the addition to cross the setback by 8.5 inches at its terminal end, not including the fireplace. The fireplace itself crosses the setback by less than three feet. At every point, a setback of not less than 37 feet is preserved. No portion of the residence itself would move. The Applicable Standard The Legislature has authorized this Board to: …authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done. Tex. Loc. Gov’t Code § 211.009(a)(3). Consistent with that authority, the Board grants a variance where it finds that the variance is in harmony with the general purpose and intent of the Zoning Ordinance and will not be injurious to the neighborhood or detrimental to the public welfare, and where the applicant demonstrates that: (1) special conditions and circumstances make the land, structure, or building unique from others in the same district; (2) literal interpretation of the Ordinance would deprive the applicant of rights commonly enjoyed by others in the same district; (3) those special conditions do not result from the applicant’s own actions; (4) the variance would not confer a special privilege denied to August 27, 2026 Page 2 56734106v.1 others in the same district; and (5) the variance is the minimum necessary to make possible the reasonable use of the land, building, or structure. The plan here satisfies each element. 1. Special conditions make the Property unique, and they are not of the owners’ making. The existing residence was built by a prior owner, and that owner sited it at an angle: the rear face of the home is not parallel to the rear property line. My clients did not choose that orientation, and they cannot change it. It is the primary reason a variance is needed. The proposed patio and fireplace simply continue the existing roof line and the established face of the home — they do not push beyond the as-built line, they extend it. On a lot where the house sat parallel to its property line, this identical design would require no variance at all. Because the house sits askew, the continuation crosses the setback by 8.5 inches in the new design. The Property near the house is further constrained by several mature oak trees. My clients want to preserve those trees and their canopy and this design is reflective of that desire. The combination of a pre-existing building envelope and an established tree canopy is a condition of this land and this structure and not a condition the owners created. 2. Literal enforcement would deny the owners rights commonly enjoyed by others in the district. Outdoor living space — a patio, an outdoor fireplace — is an ordinary feature of homes throughout the “SF-1A” district and throughout Southlake generally. Owners whose homes were sited with a conforming building envelope can add that space as a matter of course. My clients cannot, solely because of where a previous builder placed the house. Strict application of the 40- foot requirement would leave them with no practical means of adding a feature their neighbors take for granted. 3. The variance is the minimum necessary. The design adds nothing beyond a continuation of what already exists. The roof line carries forward at its current plane and pitch; the face of the home carries forward on its current line. The encroachment is not the product of an oversized addition but the geometric consequence of extending an existing, non-parallel structure — less than three feet at the fireplace and less than eight inches at the patio’s deepest. My clients also considered alternative locations before settling on this design. None were practicable because they would discontinue the roofline, interrupt the tree canopy, or appear too excessive for the site. The requested relief is the smallest deviation that permits the addition while preserving the trees and the architectural integrity of the home. August 27, 2026 Page 3 56734106v.1 4. Safety supports the design as drawn. The fireplace is positioned so that the firebox and flue project outward from the patio rather than inward toward the residence and the seating area. That orientation keeps the heat source and chimney away from the structure and from the path of occupants using the space, and it directs radiant heat and combustion products away from the home. Pulling the fireplace inward to avoid the setback would place a live fire and its clearances closer to combustible construction and to people circulating through the patio. 5. The variance confers no special privilege and is in harmony with the Zoning Ordinance. The purpose of a yard requirement is to preserve light, air, spacing, and neighborhood character. A less-than-three-foot encroachment at a single point by an unenclosed patio and fireplace does not meaningfully affect any of them. Because the addition continues the existing roof line rather than introducing new massing or a different element, the home will present the same profile it does today from the street and from neighboring properties alike. The improvement is not visible from East Dove Road and will only be visible from the backyard of an adjacent neighbor’s property, several hundred feet away. It will largely be screened by existing vegetation and the preserved tree canopy (and will appear largely as it does currently). Nothing about the request would allow my clients to do anything their neighbors could not do on a conforming lot; it simply restores the ability to do what a conforming lot already allows. Conclusion The requested variance is modest in scope, driven by conditions my clients did not create, and consistent with both the letter and the spirit of the applicable zoning ordinance. We respectfully request that the Board grant the variance. Thank you for your service to the City of Southlake and its residents. Sincerely, /s/ Tyler Wallach Jackson Walker LLP A002 Survey Printed: 8/25/26Davis Residence(Remodel)1496 East Dove LoopSouthlake TX 76092Drawings and Specifications as instruments of service are and shall remain the property of the Buchanan Design Studio. This plan is to be used only for the lot and subdivision indicated on this plan, except by agreement in writing and appropriate compensation to Buchanan Design Studio. The General Contractor is responsible for confirming and correlating dimensions at the job site. Buchanan Design Studio will not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the project. Any reproduction is strictly prohibited. © Buchanan Design Studio © Copyright 2026 Buchanan Design Studio 311 S. Oak St. RoanokeTX 76262 817-674-7020 www.buchanandesignstudio.com Revisions CURVE TABLE NO.RADIUS LENGTH DELTA CHORD BEARING CHORD C1 592.00'64.45'Δ=06°14'14"N 56°17'21" W 64.41' LINE TABLE NO.LENGTH BEARING L1 18.09'N 87°03'48" WL2 21.10'N 89°24'05" W EAST DOVE ROAD123456789UPUP 17 RISERS REF/FRZ.60" REF/FRZ.DRYERWASHER37'-7"8 1/2"39'-3 1/2"56'-5 5/8"40'-11 1/8"E232.12' 284.18'L1L2316.02' C1 3 0 1. 6 4' SHADED AREA REPRESENTS ADDITION40' BUILDING LINE 40' BUILDING LINE20' BUI LDI NG LI NE2 0' BUI L DI NG L I NENSW1496 EAST DOVE RD. 1.816 ACRES 79,092 SQ. FT. SCALE: 1" = 20' 1 Site Plan A002 0 10'20'40'