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Item 6C (2)Zoning Board of Adjustment Hearing November 10, 2011 1931 North Carroll Ave. Background information Zoning change from Agricultural to SF2 Accessory building variance Considerations for granting the variance Neighbor concerns Outline: Purchased this 4.96 acre tract in August 2011 with the goal of building a new custom home and horse property. Property was in serious disrepair Smaller house built in 1963 (uninsurable) Electric poles and lines running through the property 20+ mature oaks and elms were grown over Piles of garbage, debris, branches throughout the property Ultimately, house and driveway will need to be removed, though the goal is to save the existing concrete pad from the metal accessory building. Background: 1963 house on property To be removed Sketch of new home design Existing metal structure on barn site To be replaced New barn: Front View Land must be zoned SF in order to receive a building permit Planning and Zoning Commission unanimously approved re-zoning City Council unanimously approved re-zoning at first reading Asking variance from Zoning Ordinance 34.2f: No accessory building shall be located forward of the principal building on the lot. Rezoning from AG to SF2 Site plan showing setbacks of proposed house and barn from property line Considerations for granting the variance: 1) Moving the home site forward or the barn back on the property would require the removal of 3 or 4 approximately 24-48 inch diameter Post Oak Trees, valued by the Southlake Tree Preservation Handbook at $200 per inch or over $24,000. Zoning Variance Aerial View of possible trees affected Proposed Home site Proposed barn site W N E S West View of stand of trees front of new home site Looking west toward Golden Gate Drive East View of stand of trees front of new home site View of trees back of existing metal shed Looking southeast toward Hunter’s Creek Example of caliber of trees 6 ft. 3 inches Considerations for granting the variance: 2) Proposed barn: sits approximately 28 feet closer to the front property line than does the proposed house; it will also be over 100 feet off to the side of the house and is not in the direct line of sight from the street. Zoning Variance Direct East View from Golden Gate Drive Edge of Golden Gate Circle Southeast View from Golden Gate Drive Note: moving barn back on property would increase visibility from the street. Current metal building Visibility of Proposed Barn Current wood fence Line of sight Proposed barn Moved back approx. 28 ft. Considerations for granting the variance 3) Conserve resources: 30’ x 40’, 14-inch thick existing concrete pad. High cost to tear out and re-pour, and to move utilities and driveway further back. Zoning Variance View of existing concrete pad Note: concrete measures 14 inches above ground Zoning Variance Considerations for granting the variance: 4) Due to the location of Hunter’s Creek, the flood plain, and the drainage easement it is desirable to keep all buildings forward on the property to avoid drainage and run-off issues. View of backyard slope to Hunter’s Creek Neighbor Concerns: per our conversations, concerns appear to be 3-fold: Sanitation associated with horse-keeping: Plans will abide by Southlake Zoning Ordinance 34.1d: “Ground accumulations of manure shall be collected and properly disposed of so as not to create offensive odors, fly breeding, or in any way become a health hazard or nuisance to humans or animals.” Changing barn location will not affect sanitation plans. Neighbor Concerns Dogs barking We understand there could be instances of dogs barking at our horses. It is our position that the dogs might bark at any potential activity on our property whether it be horses, dogs, children, etc. In our experience, dogs usually become accustomed to horses and barking becomes less frequent. Changing the barn location would not prevent the horses from accessing the front property line when they are outside. Neighbor concerns Proximity of proposed barn At a distance of 81 ft from the property line, the proposed barn would abide by Southlake Zoning Ordinance 34.1d: “All enclosed sheds and stables for animals as provided under the terms of this subsection shall be placed a minimum of twenty-five (25) feet from the boundary of any adjoining lot or tract which is zoned in a residential category while fences and corrals may be placed at the property line.” Views from and to front property line looking from line looking to line Note trees blocking view from house Approximate line showing front of new barn Approximate length of new addition 16 ft. Current wood fence Diagram showing relative distances from property line Proposed barn Moved back approx. 28 ft. Trees to be removed Met with objecting neighbors 8/21/2011, 10/30/2011 and 11/1/2011. Proposed solutions We offered to: Plant screening hedges along fence line—proposal not accepted. (Note trees already along fence line in previous photo) Contribute to an 8 ft. wood fence to match adjoining fence—proposal not accepted. Adjoining fence lines Adjoining 8 ft fence E-mail of 10/31/2011: “we felt it be fair that you place your necessary horse protective piping or other such safety fencing on your property and agree to construct a 6.5-7 ft. stone or concrete wall fence  to replace our current back fence so that our  dogs are not effected causing a noise disturbance that could cause us to be sited and thus we could have to get rid of our dogs (which we would never do) thus we would need to sell our property with a diminished value due to the same reasons of the smell of the horses feces both in the barn, and from grazing by our property fence line etc...” Proposed solutions, continued: We offered to: Discuss re-orienting barn layout with builder—done. Re-orientation of barn stalls would not measurably reduce objectionable barn activity but would increase cost substantially, as the final plans are already drawn and concrete pad would still have to be re-poured. Neighbor concerns In summary: We understand and appreciate the concerns expressed regarding sanitation, dogs, and proximity. However, the variance request is based on the barn being located slightly forward from the principal structure or new home, not on lawful distance to the property line. Zoning Variance We respectfully ask the Zoning Board of Adjustment to grant our variance request to allow the new barn to sit forward from the proposed home site based on our desire to save the oak trees, maintain low visibility from the street, minimize the cost of building a new barn, and keep buildings away from the drainage easement and flood plain associated with Hunter’s Creek.