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 linelooking 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.