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2013_01.08 BOA PacketKENNEDALE Board of Adjustment www.cityofkennedale.com BOARD OF ADJUSTMENT AGENDA REGULAR MEETING January 8, 2013 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE WORK SESSION — 6:00 PM REGULAR SESSION - 7:00 PM I. CALL TO ORDER II. WORK SESSION A. Discussion with city manager Bob Hart on city projects and plans for the next few years III. REGULAR SESSION IV. ROLL CALL V. MINUTES APPROVAL A. Review and consider minutes from the November 2012 meeting VI. VISITOR /CITIZENS FORUM At this time, any person with business before the Board of Adjustment not scheduled on the Agenda may speak to the Board, provided that an official `Speaker's Request Form' has been completed and submitted to the Board Secretary prior to the start of the meeting. All comments must be directed towards the Chair, rather than individual board members or staff. All speakers must limit their comments to the subject matter as listed on the `Speaker's Request Form.' No formal action can be taken on these items. VII. REGULAR ITEMS A. Case # BOA 13 -01 to receive comments and consider action on a request by Hugo Marcade for a Variance to City Code Section 17- 405(d), "Schedule of District Regulations Adopted," to allow an encroachment of six (6) feet into the required rear yard setback to allow for construction of a patio /sunroom in an "R -3" Single Family Residential zoning district at 503 Pennsylvania, more particularly described as Lot 2, Block 2, Oakhill Park Addn, Kennedale. (1) Staff presentation of the case (2) Applicant presentation (3) Public hearing (4) Applicant response (5) Staff response and summary (6) Action by the board VIII. REPORTS /ANNOUNCEMENTS IX. ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty -eight (48) hours prior to the meetings. Please contact Amethyst Cirmo, City Secretary, at 817.985.2104 or (TDD) 1.800.735.2989 CERTIFICATION I certify that a copy of the January 8, 2013, Board of Adjustment agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said agenda was posted at least 72 hours preceding the schedule time of said meeting, in accordance with Chapter 551 of the Texas Government Code. C1 Rachel Roberts, Board Secretary Ar- J1 KENNEDALE Board of Adjustment www.cityofkennedale.com Staff Report to the Board of Directors Date: January 8, 2013 Agenda Item No: WORK SESSION - A. I. Subject: Discussion with city manager Bob Hart on city projects and plans for the next few years II. Originated by: Bob Hart, City Manager III. Summary: Bob Hart will give a presentation to the board about the city's plans and projects for the next several years and the board's roles in these activities. IV. Recommendation: V. Alternative Actions: VI. Attachments: Ar- J1 KENNEDALE Board of Adjustment www.cityofkennedale.com Staff Report to the Board of Directors Date: January 8, 2013 Agenda Item No: MINUTES APPROVAL - A. I. Subject: Review and consider minutes from the November 2012 meeting II. Originated by: Rachel Roberts, City Planner III. Summary: The minutes from the November 6 meeting are submitted for your review and consideration for approval. IV. Recommendation: V. Alternative Actions: VI. Attachments: 1. 111.06.2012 BOA Minutes 111.06.2012 BOA Minutes.doc KENNEDALE Board of Adjustment www.cityofkennedale.com BOARD OF ADJUSTMENT MINUTES REGULAR MEETING November 6, 2012 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE I. CALL TO ORDER Chairman Adams called the meeting to order at 7:00 P.M. II. ROLL CALL The following members were present: Rick Adams (chair); Linda Elam (vice- chair); Brian Cassady, Darrell Dixon, Jeff Madrid, Patrick Vader. The following members were absent: Jeremy Redding, Richard West. A quorum was present. Staff present: James Cowey, Rachel Roberts Ms. Roberts swore in those who wished to speak. III. MINUTES APPROVAL A. Discuss and consider minutes from the September 4, 2012 Board of Adjustment meeting Mr. Vader made a motion to approve the minutes from the September 4 meeting, seconded by Mr. Madrid. The motion passed with all in favor. IV. VISITOR /CITIZENS FORUM No one registered to speak. V. REGULAR ITEMS A. CASE # BOA 12 -04 to receive comments and consider action on a request by First Texas Homes for a Variance to the City Code Section 17- 405(d), "Schedule of District Regulations Adopted," to allow a reduction in front setback from 40 feet to 20 feet in an "R -2 Single Family Residential" zoning district at 514 Oak Forest Ct, more particularly described Lot 27, Block 3, Oakhill Park Addn, Kennedale. A. Staff Presentation Ms. Roberts presented the case. The Board had first heard this case the previous month and had tabled the case to give the applicant time to address two issues: drainage and setbacks. Ms. Roberts said that regarding the first issue, drainage, the applicant is only responsible for dealing with the drainage for the property in question, not for the subdivision, although they are responsible for not making the drainage worse. As part of the development process, First Texas would have to submit plans for how it would address drainage. For the second issue, the front yard setback, Ms. Roberts said that what they had said in the previous meeting may have been a bit misleading because staff didn't show that the property line is not at the curb, but is instead about 10 feet behind the curb. If a variance is granted, the house would be about 30 feet behind the curb, not 20 feet. Setbacks are a way to preserve the character of the neighborhood, and in this case, the house would still be set back far enough not to affect neighborhood character. It would also allow the house to be farther away from the creek. Ms. Roberts said staff recommended granting the variance. Mr. Adams said his main concern was, after the house was built and as time went by, would something be done to make sure the drainage - related problems wouldn't be worse. Mr. Cowey addressed the drainage - related two issues, drainage beside the house, and the creek behind the house. The property lost part of the lot when the cul -de -sac was built, and if the house is pushed back far enough to meet the ordinance, we'll lose the natural vegetation that could help maintain the creek. As for the drainage beside the house, water that goes between the houses is still going to go that way, and developing the property will clean up the drainage area. Staff responded to additional questions from the Board about drainage and flooding. B. Applicant Presentation Rob Pantin of First Texas Homes gave the applicant presentation. He said Mr. Cowey covered the gist of what they would say. He said that erosion of the creek is a serious concern. The lot is a residential lot; it's intended to have a home placed on it. He said the house would have been right on top of the creek, and the variance was requested to pull the house as far forward as they can, but closer than 20' could be perceived as having an impact on the consistency of the community. He added that First Texas will sod the entire lot and leave vegetation to try to give as much stability as possible. The less they can do to disturb the creek, the better off things would be. Ms. Elam asked if First Texas could build the house now [without the variance], and Mr. Pantin said they could. Mr. Pantin replied to questions from the Board about grading of the property. C. Public Hearing Lynn Adams, 512 Oak Forest Court, Kennedale, addressed the Board against the request. She said they had picked their lot based on the 40 foot setback, and she didn't think a smaller setback would fit the neighborhood. K Darrell Erwin, 1016 Colonial Court, Kennedale, addressed the Board against the request. He said when the lots behind him were built, they were built so high that they started draining onto his lot. He said he wasn't against a house there, but he'd like to see it built where it's right. Ernest Harvey, 604 Oak Leaf Court, Kennedale, representing himself and Lillian Harvey of the same address, addressed the Board against the request. He gave an overview of drainage and run -off in this area and shared his experiences with the creek. He said First Texas should build the right product for the lot. D. Applicant Response Mr. Pantin said they just want to build a house and are trying to do the right thing by pulling the house forward, which would let them put the most desirable product on the lot. The Board asked briefly about plans, such as gutters and French drains. Mr. Adams said that his concern is that if the variance is granted, to make sure First Texas doesn't build a house and don't fix the problem, and to make sure they do their upmost to not create a bigger problem. E. Staff Response and Summary Ms. Roberts gave the staff response. She said that the concerns of residents are valid, and staff would like to see house pushed forward to create the best situation. She said that staff recommends approval. Mr. Madrid said that he think they've established that regardless of what the Board decided, First Texas can build on the property. In reading through the documents, he thought First Texas had established that they need the variance. As part of this, we need to stipulate that the due diligence is done between the builder and the city to make sure everything is done for the drainage of the property. Mr. Vader said he disagreed with staff and doesn't believe this justifies a variance. His concern was the perception that developers and builders can buy property and then modify the zoning restrictions to allow them to build a house on that piece of property. In his opinion, it doesn't justify what the state says is a reason for a variance. Mr. Vader also said there was no financial burden to the applicant. That's one of the criteria for granting a variance. Ms. Roberts clarified the hardship question. She said that there are two kinds of hardship, an economic hardship and a physical hardship. She described what is considered a physical hardship and added that whether the Board decides it meets the criteria for a physical hardship is up to the Board, but she wanted to clarify what was in question. Mr. Vader made a motion to deny the request. With no second, the motion failed. 3 Mr. Madrid made a motion to approve the variance request as written, seconded by Mr. Dixon. The motion passed with Adams, Cassady, Dixon, Elam, and Madrid voting in favor and Vader voting against. VI. REPORTS /ANNOUNCEMENTS Ms. Roberts mentioned the upcoming Christmas tree lighting and the Kennedale Historical Society wreath presentation for Veteran's Day. VII. ADJOURNMENT Mr. Vader motioned to adjourn, seconded by Mr. Madrid. The motion passed with all in favor, and the meeting adjourned at 8:15 P.M. C! ic KENNEDALE Board of ginned le. Staff Report to the Board of Directors www.c ityofkennedale.co m Date: January 8, 2013 Agenda Item No: REGULAR ITEMS - A. I. Subject: Case # BOA 13 -01 to receive comments and consider action on a request by Hugo Marcade for a Variance to City Code Section 17- 405(d), "Schedule of District Regulations Adopted," to allow an encroachment of six (6) feet into the required rear yard setback to allow for construction of a patio /sunroom in an "R -3" Single Family Residential zoning district at 503 Pennsylvania, more particularly described as Lot 2, Block 2, Oakhill Park Addn, Kennedale. (1) Staff presentation of the case (2) Applicant presentation (3) Public hearing (4) Applicant response (5) Staff response and summary (6) Action by the board II. Originated by: III. Summary: Background. Hugo Marcade would like to build a sunroom at the back of his house at 503 Pennsylvania. Mr. Marcade hired a contractor to build the sunroom, and the contractor applied for a permit and accepted a down payment from Mr. Marcade without first checking city setback regulations to see if a sunroom would be permitted. Staff reviewed the plans and made a site visit and determined that the city could not issue a permit. Unfortunately, because his house is built at the rear property line, Mr. Marcade is unable to build a sunroom without a variance. The property is zoned R -3 single family residential, which requires a 25 -foot rear yard setback. Authorization to grant variances. The Kennedale city code authorizes the Board of Adjustment to grant variances "where the literal enforcement of the provisions of this article would result in an unnecessary hardship, or where such variance is necessary to permit the reasonable development of a specific parcel of land which differs from other parcels of land in the same district by being of such area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district..." (Sec. 17- 430(f)). State law also authorizes the granting of variances in certain circumstances (see "legal details," below). Staff review of case. Variances are a tool granted to cities by the state to allow cities to correct problems that arise in limited circumstances, when there are characteristics of a particular site that make it difficult to develop under the standard regulations. The variance allows the property to be enjoyed in the same manner or level of use that other properties in the area with the same zoning have. If all or most of the properties in a particular zone can't be developed under the city code, then, generally, the city code should be amended to allow development (except under extraordinary circumstances, such as in floodplains). But if only one or two sites have features that make them unable to be developed in the same manner as other properties in the same zone, then it may be eligible for a variance. An example of a unique lot feature is if the property has a steep slope that renders a portion of the property unbuildable, then the owner may have to push a structure to one side of the lot and would not be able to meet setback regulations. Or a city may widen a roadway and acquire so much land from a site that it can't be developed under the front setback regulations. The property in this case was platted in 2001, and a single family house was built on the site in question in 2003. The house was built at the maximum rear setback line, which for this zoning district is 25 feet. The applicant, Mr. Marcade, wishes to build a sunroom to help improve the health of his wife, who is being treated for cancer. The sunroom would encroach 6 feet into the required setback. In his application (see attached documents), Mr. Marcade states that his hardship is not self- imposed and is due to the unique physical characteristic of his property, and he describes the properties around his. However, based on the information he submitted and looking at the plat, staff does not see what is unique about his property. It appears to be similar in nature to adjacent properties and properties in the same block (see attached aerial view). The property is part of Phase I of the Oakhill Park subdivision. Mr. Marcade's lot is 125 feet deep, as are most of the lots in Block 1 and Block 2 (where Mr. Marcade's property is sited). A few lots are between 124 and 125 feet deep. The lots in Blocks 3 through 6 generally range from 117 feet to 130 feet deep. So while there are some lots that are deeper than Mr. Marcade's, there are also a number of lots that are shallower, and there are enough lots of the same depth to indicate that the depth of his property does not represent a unique condition. The same can be said of lot width. Lot widths in the subdivision generally range from 70 feet to 95 feet, with Mr. Marcade's property (and a number of others) being 85 feet wide. Mr. Marcade points out that the position of the house on his property does not allow space on either side to build a sunroom, and this statement is correct. However, this does not indicate that the property is suffering under a disadvantage that other properties in the same zone do not have. Mr. Marcade mentions several properties in the same subdivision that have swimming pools in the back yard located within the 25' rear setback. However, the location of the pools does not establish a precedent for buildings being permitted within yard setbacks, since swimming pools and buildings are controlled by different setback regulations. City code has requires pools to be 8 feet from the main building, 8 feet from the side lot lines, and 8 feet from the rear lot lines. Staff agrees with the applicant that granting a variance in this case would not affect city traffic and would not adversely affect property values in the adjacent areas. In addition, staff is sympathetic to Mr. Marcade's case. However, we do not see that Mr. Marcade has presented sufficient evidence in support of his case. Furthermore, our own review of the property in question has not brought forth any information that would prove an unnecessary hardship as described in state law. Given that a hardship may exist without being considered an unnecessary hardship under the law, Mr. Marcade's property does not appear to have an unnecessary hardship, based on evidence presented. Mr. Marcade's application and supporting materials are attached to this report for your review and consideration. After reviewing the material presented by city staff and by Mr. Marcade, if the Board determines that sufficient evidence has been presented to demonstrate an unnecessary hardship, the Board should approve the request for a variance. However, if the Board agrees with the staff interpretation that no unnecessary hardship exists in this case, we recommend denying the request for a variance. IV. Recommendation: V. Alternative Actions: VI. Attachments: 1. BOA 13 -01, map showing site BOA 13 -01 map.pdf 2. BOA 13 -01 aerial view BOA 13 -01 aerial.pdf 3. BOA 13 -01 application BOA 13 -01 appl.pdf 4. Oakhill Park Ph I plat Oak Hill Park Phase I D201026931 2.pdf BOA 13 -01 site of variance request KENNEDALE Legend - Site of request, BOA 13 -01 City of Kennedale City of Arlington Note: This map is for informational use only and is not suitable for legal, engineering, or surveying purposes. 1 in = 60 feet N 0 100 200 Feet Map Data: The City of Kennedale compiles data from various sources, including: Parcel boundary data from Tarrant Appraisal District; Road data from North Central Texas Council of Governments; Floodplain data from FEMA 601 405 407 501 503 505 507 509 PENNSYLVANIA AVE c 1026 Y a O 1029 404 406 408 410 w 506 m a 0 z O w 1024 in 1027 1024 405 407 409 411 1022 1022 1025 BOA 13 -01 site of variance request KENNEDALE Legend - Site of request, BOA 13 -01 City of Kennedale City of Arlington Note: This map is for informational use only and is not suitable for legal, engineering, or surveying purposes. 1 in = 60 feet N 0 100 200 Feet Map Data: The City of Kennedale compiles data from various sources, including: Parcel boundary data from Tarrant Appraisal District; Road data from North Central Texas Council of Governments; Floodplain data from FEMA !�41 0�' 61 r �1 LWAL : —: � s 4 � D 0 10 w . 0 t �O 405 407 409 ^ 4 , .'; —Vo, � 7" V s °r t l� 509 ti PENNSYLVANIA AVE A. ■ t 1029 r r _- 0 a � f.- ��_f..��. "tea � J W tm 1024 i L �s ♦ I 9W 601 106 �4 1024 L a BOA 13 -01 aerial view of site of variance request J( KENNEDALE Legend L Site of request, BOA 13 -01 City of Kennedale City of Arlington Note: This map is for informational use only and is not suitable for legal, engineering, or surveying purposes. 1 in = 60 feet N 0 100 200 Feet Map Data: The City of Kennedale compiles data from various sources, including: Parcel boundary data from Tarrant Appraisal District; Road data from North Central Texas Council of Governments; Floodplain data from FEMA December 3, 2012 Board of Adjustment Municipal Building, Council Members 405 Municipal Dr. Kennedale, Texas 76060 Dear Council Members: Enclosed please find a complete packet for my variance request to build a patio sunroom on my property located at 503 Pennsylvania Ave, Kennedale, TX 76060. The following documents are provided: An application for variance A letter to the BOA explaining my request A personal check in the amount of $250.00 A notarized City of Kennedale Board of Adjustment Owner Affidavit A plot plan A survey plat of Lot 2, block 2, Oak Hill Park Phase I Pictures of the back yard with dimensions (please see Exhibits A, B, and C) A Tarrant County map (legend) exhibiting the location of the property and uniform size lots (Exhibit D). A copy of Municipal Code, Section 17 -405, titled Zoning districts generally. Any questions regarding this matter, please contact me during business hours at (817) 563 -0092. Thank you for you consideration, a u o V. arcade Enclosures (11) CITY OF KENNEDALE BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE lame f4 LJ C-v j V, LI A& C ,A D L Nork Phone ±j Home ti - �� 2� ®' E 1 i °- 0 `y 9 wiling Address J L 0 tJ S Lvnrr V E k to ofJ ) D° 4 t )caner: Jame Lie ,--> C1 A (Z.t;A D L 'York Phone 1,) 1,A Home (r�!" J�� 7Z Gk Lygo —g3q,r flailing Address � �_P(Q LV.ArJ; A 4\iL kL,, )A)�;)pALLJ 'roperty Location 50`3 lP 1,JW r L\Jn t,1 41AL tjoL9 ,A ljL, (Number and Street) egal Description � _ t �, t 1z Z cam' QA�L � ,Lx- �!4 h4kS r--- ! , C-,'7 \y (Lot, Block & Subdivision) Iote: Attach metes and bounds description if property is not platted oning District �C 2 City Code reference for requirements that creates need for variance c� V 2-yC)s- Describe City Code Requirement /2&") A ���LU- S �7 '� �/���'LL J -� i,v/� ��, �� , 2, :T escribe variance requested j (.11','' -7c� r;»' r!, . �y� '� , `� Ly,+J Nt�t`l , , -i? �� Q /hat hardship has been created? S- t,tu /-\,yT/1\ LO � o Pp5; t m ?1 �L created the hardship? J EX A7TA ,-, g1L() pmt; () 4L77 I declare that the above is true and correct. Skfnature of Applicant Date following If you are seeking a variance to the zoning ordinance we need the information application: The permitted variance exceptions for seeking a 1. 0 3. * Set backs in the front yard; side yard; & rear yarc] • Lot width; depth; coverage & area. • Minimum setback; maximum height. • Off street parking; off street loading. • Or other building regulations. Is this a repair? a. From a hail storm? Yes N b. Natural wear or deterioration? Yes N c. Fire Is this a remodel? Is this a new construction? Yes Yes N e No 4. Please explain the reason and circumstances for the variance requested. Name: L j � V, MA? Z,(AD Z Date: / r., L? . / i, Phone December 3, 2012 Board of Adjustment, City of Kennedale Municipal Building, Council Chambers 405 Municipal Drive Kennedale, TX 76060 Re: Proposed letter requesting a minor variance for allowing a patio sunroom to be built. Dear Members of the Board: I am requesting a variance approval to build a 6' deep X 20' wide all season patio sunroom at 503 Pennsylvania Ave., Kennedale, TX 76060. The following justification is provided for your consideration and approval: The primary purpose to build this all season patio sunroom is to improve the health and quality of life of Ms. Lucille K. Goddard, my living companion, and myself. Lucille is a cancer patient who was diagnosed with mantle cell lymphoma stage IV years ago. She has gone through extensive chemotherapy over the years; and four years ago, she had a stem cell transplant. She is presently in remission. Other medical conditions that she is presently experiencing and being treated for are: skin cancer and inflammatory arthritis. Myself, I have already been treated for skin cancer and I am her devoted care giver. The purpose of the sunroom is to bring the outdoors inside. Lucille and I can no longer spend time outside and enjoy the benefits of an outdoor life without being exposed to the extreme weather elements (i.e. long summer heat, rain, and cold weather) and insects. The all season patio sunroom will be also utilized as a therapeutically means in order to ensure a better healthy lifestyle, managing stress for both of us, and most of all, longevity. Practically health habits are important for everyone, and it is especially important for cancer survivors because they can be a higher risk of other health problems as a result of cancer treatment. Spending a few hours in a sunlit room can bring a sense of peace and tranquility and will reenergize the body. Light therapy is often prescribed to patients who suffer from depression or mental fatigue (Lucille is presently suffering from those symptoms) particularly during the dark days of winter. A sunroom provides the ideal solution by incorporating a light and bright environment that is welcoming yet protected from harmful UV rays. It is important to note that there are some depriving benefits for not being exposed outside to the sun. One of them is absorbing Vitamin D. Vitamin D aids in the maintenance of normal blood levels of calcium and phosphorous in the body. The absorption of Vitamin D can also improve mood. Having a hip replacement last July 2011 and diagnosed with osteoporosis borderline, both calcium and phosphorous are important to Lucille in preserving bone strength and density. Under normal conditions, it may take several months to replenish your body's Vitamin D levels once you become deficient. It can be detrimental for a cancer survivor. The all season patio sunroom will ensure that the desired level of UV exposure is achieved in order to create the perfect environment for her needs and improve our quality of life. Recent medical studies indicate that the greatest health risk many people face derives from uncontrolled stress. Heart disease, high blood pressure and anxiety often result from the lack of relaxation and maintaining a hectic lifestyle. Sunrooms will offer us the opportunity to enjoy a relaxing activity every day without having to leave the house. An hour spent reading, resting in a favorite chair and enjoying a pleasant environment with plenty of light significantly reduces stress. Life doesn't stop with cancer. We must live our best life during the process and treatment. The all season patio sunroom will provide us emotional and psychological support to our lives. The granting of the Variance will not be materially detrimental to the public welfare. The proposed Variance does no harm to either public or private interests, and is not injurious to any property or interest. The patio sunroom will be located in the back yard in a low -key and unobtrusive manner with the surroundings. The sunroom will not be able to be seen by neighbors since the fences are high. I have informed my immediate neighbors of my intent and they do not have any objections to my proposed project. Additionally, the proposed patio sunroom that his Variance is being requested for does not encroach or infringe on any neighboring properties, nor would it impose any hardship on any neighbors, nor it will serve to create a situation where any neighbor's quality of life, property value, or peaceful co- existence would be negatively affected. Respectfully submitted, Hu V. Ma ade Case #BOA Property Address: .v__63 ►r.r r�l. � �� �� i A Alll � pt r._ ` -"x Legal Description: Gv`r g. <�T' uD A, 1_. 7Lr'i VA 1L -?AA 3&,,, t Q f7' D" y "*X' t SvN' �i GNP P %�J t:t�ii � .� 9dS�i�� tt✓ C'�Qf !Az7A } 5'e- DL -- J e ' Applicant: ,� — La r V- � j POT yz, ,do Type of BOA request: 'k. fJ M ', e VA V'i A .h)6 K V. M AA CAN- , current owner of above mentioned property, authorize the applicant or his authorized representative to make application for the Kennedale Board of Adjustment to consider granting the above reference request on my behalf and to appear before the Board. Owner Signature: Date: d SWORN TO and Subscribed before me by 111V62 ON THIS DAY OF 120 J ,r E ` N WILLi r N EWBEra otary Public, Tarrant County, Texas W N pry P i C .; 3E MY Exores S90Pmber 22 IT.AUAI I PW TWF FIJI I PrAPMAIR11 ITY OF TPF R111 DER TO VFRIFY ALL AAPFCT9 6F THIS PLAN AND ADJUST F REQUIRED '6 Mr7.y40.QK2 �00 L 48mv ying, it OAKE= -ARK.P- 1 Tb P-0- PO 0374-- Foit Wbilh Tew'76110 4374 W. Vxi=y Blvd, Fb4 Ww* T=w 7SIQ7 arlralTt Ca thy,' i'exAB= -(817),731-6400 (917Y731-64021lfflt apc9r4Ang-to.fhePat-rewrded!p GF LS 14J6O. 750960-- LR•Fq 7ON 19D. fOZqJp N0 T E Pl � at Repor4ta� W; qM N FqD SEr AL L SUp4E4PROFEFW BOUNDARY W-MEM -LINE BEARINGS* AND 'DISTANCES ARE x4 s PF SMMOS. 'V!.V_'ik WATT-VA!YK PUT -i� ACTUAL 11KESS OMMWISE NQ 'RfGffT-OF-%W( UNE 6FTENNSiLV9AIA AVENW'{S, :'NQTE6 'HERF-0M. mpo- T—H.ONE FOSOR7 :SHOWN OEl PLOT RECORDED IN CAB. A M 6433, WJPrm vo PORTION ;OF THIS.Flno - Ty LIES -WrMIN'A IOQ-' FLOOD K)LINDARY -3, -INEACA�61RDING TO:.T'qE NATIONAli- F�OQD SURYE ON THIZ GIROtIND ,YED .4 '2004 ,ji4SbRAkt P0GRAM2§-'FLI(J"0b-lINSURANCE ��PER 26, TARRANT ddLwjy" 1p�4s * "No. US 1j, �l R NWA --- --- - "too AN� 484 CP440 kiAP­REVjSED ? t AUPUST 23.. 2 qO' WNAL0 :W.. 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THE 'L.1 Ao§ AW -p I mEms tons OF SA I D'PROPERTY BEI AIG AS 't NO I i�ATEV 8Y , THff - , ANd. TypE OF BUILPIN THE PLAt. SIZE. LOCATIM _GS ANP (M�PROVEMVJTS ARE AS SHOWN. ALL IkFIROVE&ENTS ARE SET BACK FROM THE PROPERTY, LINES T)_IE DISTANCE JjVDtCATE0 AND THERE ARE V - ? vf s ioLE EmEopc or cAsafgNTs EXCEPT AS SHOWN. Q.,,,Y!-�.IBLE aCROACHMENTs a A Fl ;, ;�" .,.ti .m,- k... �� ;�" F_ r F R ry 1= ro �JJ VU U; ;r h/ i iR 1� i k' u VP 14, � � � � � � vfit +��,���v��i �•� + f a x a* f t„+ , h Ala &IN I a TN . wool,. was S � r �/ r Y J i � r �/ I in tt cq ITAWAI I AP TWP RA I F;?rr-.PeNi;IRII ITY OF TPF RAI DFR TO VFRIFY ALL AAPFCTS OF TWIS PLAN AND ADJUST IF RF-tVJIFIFD T T T 0 0 CD 67 t 0) n Cb 04h N J. D, BEL DR SC AL BILL LIDD MlLo"ILK M is at BEL DR �B OAKFULLELRB BAD-" a iy Y sa °CA o V, VICMBBRG OR t , JB Y B = b 7_ . o -our, t;;9 00 oY n. 'Yl 12 IEOALEC7 0:4 CD M is at December 13, 2012 Board of Adjustment, City of Kennedale Municipal Building, Council Chambers 405 Municipal Drive Kennedale, TX 76060 Re: Request for a minor variance to build a patio sunroom. Dear Members of the Board: In compliance with the standards below, the following information is hereby submitted: Standards: (1) When "the literal enforcement of the provisions of article Section 17- 430(e)(9) of the city code, would result in an unnecessary hardship ", or (2) When "where such a variance is necessary to permit the reasonable development of a specific parcel of land which differs from other parcels of land in the same district by being of such area, shape or slope that it cannot be developed in a manner commensurate with the development permitted upon other parcels of land in the same district. Justification: Please note that this is not a self- imposed hardship. The unique physical characteristic of my property prevents me from building a patio sun room in compliance with the city of Kennedale ordinance. The house built on said property does not allow any space on either side of the house to build a patio sunroom. The left side of the house is any where from 13 feet wide down to 8 feet wide. The right side of the house is approximately 11'3" wide. There are no doors on either side of the house. The only appropriate area to be used and to build a patio sunroom will be the setback which has 24.6 feet from the building line to the fence. In view that the setback space from the building line to the fence is presently 24.6 (according to the legal description it used to be 25 feet, but approximately 4 inches were lost when the fence and the 1 foot wall was built), the variance request for approval is only 6 feet deep of the setback. Subject to approval of the variance, this will provide the appropriate and reasonable space to use at the back of the property for the patio sunroom. It will be noted that on the attached "Declaration of Covenants Conditions and Restrictions for Oakhill Park, Phase I ", dated September 25, 2001 there are not any restrictions or mention of the 25 feet setback of lot 1 parcel 2 on the setback for this property (see Attachment). In general, all parcels in my immediate area have larger front yards and 25 feet of setback (i.e. lot 1, parcels 1 thru 5). However, my parcel property (i.e. lot 1, parcel 2) somewhat differs on the landscape shape setbacks. Lot 1, parcel 1 (next to my property on the left) has a slope. Parcel 3; the 25 feet setback is divided almost in half by an approximately 3 feet drop that leads to the building line. Parcels 4 and 5 have approximately the same flat back yard, but their 25 feet setbacks have permanent standard size in ground swimming pools. The property adjacent to my property (which is considered Arlington), is flat and it has a regular standard size in ground swimming pool. Lot 1, parcel 6 thru 10 located in Pennsylvania Avenue and past Saratoga Lane, are not at the same level with lot 1, parcels 1 thru 6. Pennsylvania avenue begins to down slope and so are the parcels and buildings; with the exception of lot 1, parcels 6 and 7 which are at the bottom of Pennsylvania Ave, and parcel 10 which is located at the corner of Pennsylvania Avenue and Saratoga Lane. Parcel 10 appears to have 25 feet of setback with a regular in ground swimming pool. Across the street from my property there are some parcels that exceed the 25 setback. Some parcels have recently installed in ground pools. The attached legal description map does not show properties on Belk Oaks because that area had not been developed yet. Most of these new properties are two story buildings. This area also has many empty parcels for sale. Additional information on physical characteristics related to my property in concern is as follows: The setback of the property is flat. - There are not any wetlands, bedrock, septic tanks, or steep slopes at the setback of my property. - Property features do not affect other parcels in the neighborhood. - The property is not in a Home Owners Association establishment. - The construction of the patio sunroom will not affect environmental issues (i.e. water quality, wildlife resources, or natural beauty). Again, this is a 6' X 20" patio sunroom built on a slab and to be added to the house, and it will be surrounded by high fences with are already established. i - In view that the patio sunroom will be located at the rear of the house and it cannot be seen from the street, it will not harm public interest. Furthermore, it will not disrupt the appearance of the neighborhood, or block the vision of neighbors, or conflict with any of the other purposes which support the general setback rule of 25 feet. - The proposed change will not affect city traffic affecting the public safety since the patio sunroom will be built at the rear of the house and it will not be visible to neighbors or public. - The proposed change will not adversely affect property value in the adjacent area. - As legal owner I can testify that the construction of the patio sunroom will not endanger other's people property. Any questions regarding this matter, please contact me at (817) 563 -0092. Sincerely, Huao V. arcade Attachments (2) K DECLARATION OF COVENANTS,' rILE.n y TEXAS t; CONDITIONS AND RESTRICTIb I��R ° OAKHILL PARK PHASE 1' P 57 r 17. 1 sort con ;Cr ti• - �.. -�, , rltE STATH OF TRXAS § _ L`1 § KNOW At,], MEN BYgl�l11 Sfs PRESENTS: C.1 COUN'fYOFTARRANT § 'ITIAT THIS DECLARATION is nuudc oil Ilia (Into lncrcina(1cr sot forth by SNIKWAII, L.P., hereinafter referred to as "Declaront "). WITN le, SSETIL WFIEREAS, Declarant is ilia owner of the following residential lots: Lots I through 10, Block 1; Lots I though 6, Block 2; Lots l through 22, Block 3; Lots I through 27, Block 4; and Lots I through 16, Block S; and Lots 1 through 10. Block 6, of OAKI•IILI. PARK, PRASE 1, on Addition to Ilia City of Kemncdolo, Tarmw County,'I'exas, according to ilia Plat recorded in Cabincl A, Slido 6433, Pint Rccords,'rarrant County, Texas; and WI.113R1 AS, Dcclorant desires to hold, sell and convey such property subject to thr, following covenants, conditions, restrictions, reservations and casements, which are for the purpose of establishing a umil'orm plan for the devclopmonl, improvement and sale of said property, and to insure ilia preservation of such uniform plat for the benefit of both present and future owners of the lots within Ilia subdivision; and NOW, THEREFORE, Declarant adopts the rollowing covenants, conditions, restrictions, reservations and easements which are for the purpose of cohancing and protecting the value, desirability, and attractiveness of the subdivision and which shall be applicable to ccrtnin lots in said subdivision, and sliall run with (lie land and shall bind all parties having or acquiring any right, (ilia, or interest therein, or any part thorcof, their heirs or successors in title and assigns, and shill inure to tile benefit oreach owner thereof: ARTICLE I Definitions Section 1. "'I'lic Property" or'1'lic Properties" shall nncan unit rotor to the certain lots in ilia hercinabove described 1 lighpoint Addition, as more particularly sal forth in the plat recorded in the Plat Records of "I'arrant County,'rexas. Seel ion 2. "Lot" or "Building Ploi" shill nncan and retbr both to cash plot orland shown upon (lie recorded subdivision amp upon which there has been or will be cons(ractcd n single - family residence, and to the residence and improvements constructed or to be cons(ruelcd thereon, Section 3. "Owner" shall mean and rclbr to (lie record owner, whethor one or more persons or entities, ora lee simple title to ilia surlacc estate in tiny Lot or tract of land which is pmt of the Property, including contracl sellers, but excluding those having Such interest merely as security for (lie performance of nn obligation, "Occupant" shall nican any person legally entitled to occupy and use till or a portion of ilia properties. Section 4. "Supplemental Dechrat(om" shall nnam and refer to any Supplennculut Declaration ofCovenants, Conditions and Restrictions bringing additional property with the scheme of the Declaration under ilia authority provided in '1'ho Declaration. References heroin (whelhor specific or general) to provisions set forth in "all (any) Supplemental Declarations" shall be deemed to relate to the respective properties covered by such Supplemental Declarations. Section 5. "Filsontemis" shall mean and refer to the various utility or other easements of record, those shown oil the map or plat of the subdivision and such other easements ns nro created i r or referred to in this Declaration. Section G, "`flue Declaration" shall mean and refer collectively to the covenants, conditions, restrictions, supplemental restrictions, reservations, casements, liens and chnrges imposed by or expressed in this Declaration. (f Section 7. "Conveyance" shall moon and rofer to conveyance of n Ice simpic title to a O l.ol. Section 8. "Declarant" shall mein and refer to SNIKWAII, L.P., the Declarant hcrcin, its successors and assigns (i) if such successors or assigns should acquire a majority of tic Lots in file Subdivision, or (ii) if such successors or nssigns are designated in writing by SNIKWAH, L,P, as a successor or assign of all, or part, of the rights of Deelorahl. Section 9. "Living Unit" shall mean and rofer to any Improvements on a Lot which are designed and intended for occupancy and use as a residence by one person, by a single family, or by persons nininlaining a common household. Section 10. "New Construction Committee" ( "Committee ") shall mean and refer to the committee created by the Declarant to exercise exclusive jurisdiction overall original construction of Single Pamily Residences on the Lols within the Properties as provided herein, ARTICLE It New Construction Committce Section 1. Tcmiro,. The Declaranlshall initially nppointa NewConslruction Commiltce consisting of Steve Hawkins. Declarant shall have the right to appoint the New Construction Committce for as long as Declarant owns nt least one (1) lot in the properly. The persons serving on the New Construction Committee, or their successors, shall serve until such line as all Lots, subject to the jurisdiction of tine Declarant, shall have Living Units tliercon occupied as residences. In the event of the denlh or resignation of any person serving on the New Construction Committee, the remaining person(s) serving on the Committee, or the Declarant, shall designate a successor, or successors, who shall have all of the mnthority and power of the predecessor member. A majority of tine New Construction Committee may designate someone serving on the Committee to act for it as the Designated Representative. No person serving mil the committee small be emitted to compensation for services performed pursuant to this Article 11, however, the Committce nay employ one or more architects, engineers, attorneys, or other consultants to assist the Conunittec in carrying out its duties hereunder. Section2. Rialils of the Committee, The Declarant reserves the right to control or direct the Nov Construction Conunittec for a period of tell (10) years from the dale of the recording of those restrictions. The Now Construction Committee skull reserve the right to develop and adopt Architectural Control Guidelines for use in the review and approval of construction and improvement projects. Section 3. General. All property which is now or may herealler be subject to the Declaration is subject to architectural and environmental review. This review shall be in accordance with this Articic and such stnndurds its may be pronndgated by the Nc%v Construction Conunittec. Section 4. Submissions to New Construction Commiucc. To secure the approval (tile "Final Approval ") of (lie New Construction Committee, nn Owner shall deliver to the Committce, in form and substance reasonably satisfactory to the Committee, tic number of complete sets hereinafter set forth of. (a) A site pimp showing the location, dimensions, orientation to boundary lines anti tine set back lines of proposed buildings, parking garages, other structures, means or r} t, IE.a ;j. fi. 0 fj ingress and ogress, driveway, traffic patterns, sidewalks, fencing and other improvements; (b) Design elevation of, and a core plan for, And description of the foundntion, height o►ul size of each structure, including ilia gross building area of each structure; (c) Drawings and dctoil of all exterior surFaces, including the roof, showing clovations and including the color, quality and type of exterior construction materials (collectively, the Rxicrior Plnn); And (d) All such other information as cony be reasonably required which will cnnble the Now Construction Committee to determine the location, scale, design, character, style find appenmrico ofsuch Owner's intended improvements. All of the foregoing (collectively, As originally submitted And as revised And resubmitted, the "Plans ") shall eonfortu to the applicable provisions of lhis Declaration. The Owner shall supply as many sets, not to exceed three (3), as (learned appropriate by the Committee. Where mil Owner has neglected to submit n site plan and /or n schematic plan for approval, failure of the New Construction Committee to exercise the powers granted by this Article 11 shall never be deemed a waiver of the right to do so either bofore ornfler a building or othor improvement in ilia Subdivision, or Any exterior addition to or Alteration therein, Inns been completed. Where not otherwise specified herein, ilia Now Construction Committee also shill have the right to specify requirements for each building site as follows: minimum setbacks; driveway access to adjacent street; the location, height And extent of fences, walls or other screening devices; garage Access And the orientation of structures with respect to streets, wniks, and structures on Adjacent property. There sholl be no chain link fencing except as cony be utilized by builders with the approval of the New Construction Committee for temporary storage of building materials and supplies during the construction phase. 'file surface materials used in the construction of driveways And front sidewalks will consist solely ofreinforced concrete and/or brick unless otherwise Approved by the New Construction Committee, The New Construction Committee shall have fill power and nuthority to reject any plans And specification that do not comply with tine restrictions herein imposed or meet its minimum construction requirements or architectural design requirements or thni might not be compatible, in its judgment, with (lie overall character and Aesthetics of ilia Properly. . 'file New Construction Committee has the fill authority to enforce additional restrictions ns they are encumbered against any Properly within a specific Neighborhood. Such restrictions will be more clearly defined in Supplemental Restrictions filed of record in'Tarranl Counly,'i'exas, for each Neighborhood. Section 5. Time ('or Review of Plans. Upon submission by the Owner to Ilia New Construction Committee of a written request. for final approval and the submission to the New Construction committee of the Plnns (ilia "Submitted Plans "), the Committee shrill endeavor to review same within thirty (30) days from receipt of pinns and notify Owner in writing whether the Submitted Plans are approvecl or (lisnpproved. The New Construction Committcc, as required, shall Approve tine plans ifsuch plans (10 not violate this Declaration. Any such disapproval shall set forth the specific reason or reasons For such disapproval. Anyfauil tire by ilia New Construct ion Comm I ice to Approve or disapprove the submitted plains in writing within such thirty (30) (lily period shall not constitute a waiver o1'the requirement thni such Approval be obtained or ot'any other requirements provided for in the Submitted Plnnsshall, be commenced until the receipt ofthe Committee's written approval of the Plans for such Improvements. Section G. Review of Revised flans. If the Now Construction Committee shall disapprove Any part of the Submitted Plans, the Owner may revise Clio Submitted Plans to incorporate such changes requested by ilia New Construction Committee And may deliver Ilia required number ol'coniplele sets o1'revised Submitted Plans to (lie New Construction Committee and the New Construction Committee shall endeavor to review such revised Submittal Plans within thirty (30) clays to detennine Owner's compliance with ilia New Construction Committee's requested changes. '1. Sccl Ion T Changes in Approved Plans. An Owner shall secure the approval of the New Construction Committeo to any materials change or revisions in approved Plans in Ito nnnnncr provided in this Article for the approval of Plans. 1 11 Section 8. Variances, rho Now Construction Committee may authorize variances from a; compliance Willi Ally other of the architectural provisions of this Declamtion, including restrictions upon height, size, pineomont of structures, or similar restrictions. When circumstances such as topography, natural obstructions, hardship, acsllielie or environmental considerations may require, t Such variances must bo evidenced in writing, must be signed by at least a nnnjority of die New [j Construction Committee, and shall become effective upon their cxccution. If such variances are I:y granted, noviolntionol'Ihocovennnts, cond itionsand reslrictionscontainedinlhis Declaration shall be deemed to have occurred With respect to the matter for Which the variance Was granted. The granting of such a variance shall not operate to waive tiny of the terms and provisions of this Declaration for any purpose except as to the particular provision herein covered by the variance, nor shall it affect in any Way the Owner's obligation to comply Willi all governmental laws and regulations. Section 9. No Liability. Neither Dcolamnl nor the Now Consinielion Committee shall be liable in damages to anyone submitting plans or specifications to thorn for approval, or to any Owner of Property affected by these restrictions by reason of mistake injudgment, negligence, or nonfeasonce arising oat of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person Who submits plans or spceincations to the Now Conslntction Committee for approval, ngrces by submission of such plans anti specifications and every Owner agrees that he Will not bring action or snit ngainsl Declarant nor Ilse New Construction Committee to recover any such damages, Section 10. Rules and Reatlations. ThoNew Construction Committee may, from time to time in its sole discretion, adopt, amend and repeal roles and regulations interpreting and implementing the provisions hereof. ARTICLE III i:7lsentents Section 1. General. 'me rights and dtilics of ibe Owners of Lots with in the Property Willi respect to sanitary sewer, water, electricity, gas, telephone, and cable television lines and drainage facilities shall be governed by the following: (a) Wherever sanitary sewer and /or Water house connections or electricity, gas or telephone and cable television lines or drainage facilities are installed within the Property, Which connection lines or facilities or tiny portion thereof, lie in or upon Lots owned by any party outer than the Owner of a Lot served by said connections, lines or facilities, such Owners of Lots served shall have the right, and are hereby granted an easement to the till extent necessary therefore, to enter upon the Lots Within tine Property in or upon Which said connections, lines or facilities, or any portion thereof, lie, to repair, replace and generally nnintnin said connections as to when Elie sane may be necessary as set forth below; and (b) Wherever sanitary sewer and/or water house connections or electricity, gas, lolcpinone or cable lolcvision linos or drainage facilities arc installed Within the Property, which connections serve more than one Lot, the Owner of each Lot served by said connections shall be entitled to lite rill use and enjoyment of such portions of said connections which services his lot. Section 2. Reservation of Basements. Basements over the Lots Ibr the installation and maintenance of electric, telephone,cnble television, water, gusand sanitary sewer lines and drainage facilities are hereby reserved by Declaranl, together Willi the right to grant and transfer same. Secdon 3. Surface Areas of Utility Basements, Basements for installation and maintenance of ulililies are reserved as shown and provided for on the recorded plat. Underground electric, gas and telephone service shall be available to the Loh in lite subdivision. Isusements for .r .9, the underground scrvico may he crossed by driveways, walkways, patios, brick walls And fences, provided the Dccinrant or Builder makes prior Arrangements with file utility companies flrnishing electric, gos and telephone service And provides and installs any necessary conduit of approved typo and silo under such driveways, walkways, patios, brick walls or Ibnces prior to construction thereof, Li Such easements for the underground service shall be kept clear of nil other improvements, and neither flue grantor nor any utility company using (lie casements shall be liable tar any dannge done by either of !Item or their Assigns, their agents, employees or servants, to shrttbbery, trees, flowers or other improvements (other than crossing driveways, walkways, patios, brick walls or fences, ( ) providing conduit has been installed (is outlined Above) or the Owner loomed on file laud covered by said easements, r„ Section 4, jLt blic Strools. All Lots within file subdivision shall abut and have Access to a public street. Public Street right -of -ways are shown on the plot of Onkhill Park Addition, Section 5, Universal Easement, Each Lot And its Owner within the Properties is hereby declared to have an moment, and the sonic is hereby granted to Declarant, over nil adjoining Lots for the purpose of Accommodating any oncroaehmcnl due to engineering errors, errors in original construction, settlement or shilling of the building, or any other cause. There shall bo casements for the maintenance of said encroachment, settling or shilling, provided, however, that in no event shnll an cascincnt for cncronchmom be created fn favor of an Owner or Owners if said encroachment occurred duo t o t he willful misconduct of said Owner or Owners. In the event a stnaoture ran any Lot is partially or totally destroyed And than repaired or rebuilt, the Owners of each Lot agree that minor oncroachments over Adjoining Lots shnil be permitted and there shall lie casements for [he maintenance of said encroachment so long As they shall exist. Each of the casements hercinnbove referred to shall be deemed to be established upon the recordation of this Declaration and shall be appurtenant to the Lot being serviced and shall pass with Inch conveyance of said Lot. ARTICLE IV Restrictions Of Use Section 1. ReMential Use. All lots in this tract shall be known and described As residential lots, and shall be used for single family residential purposes. No residence shall be created, altered, placed or permitted to remain nn any lot other [halt one (1) detached single- family residence per lot. Section 2, Squnro Footage. No single family detached dwelling shall be constructed on said lots which contains a floor area within the main structure exclusive of open porches, garages and breezeways, of less than 2,000 square feel. Il is expressly understood and agreed [flat the above minimum floor space requirements may be reduced by ten percent (10 %) on any lot by written authorization of the Committee. Section 3. Exterior Surfaces. The total exterior wall arcs oflhe dwelling shall not have less than eighty percent (80 %) brick, brick vcnecr, stone, stone veneer or glass. Section 4. Games. Garages shall be side or rear entry. A garage may open to the street if the garage door ore even with or set buck from the front of the house. All gorage doors which are visible from A street must be kept closed at all times except ibr allowing lbr ingress And egress. No carports visible front Ilia street shall be permitted on any Lot. Each residence shall not have less that it two (2) ear garage. Section 5. Driveways. All driveways shall be concrete, brick or another masonry construction as Approved by [lie New Construction Committee. Section G. Roofing. All rooting of residences most be built with concrete tile, clay tile, wood shingles or a composition shingle in brown, black, or gray tones, or as approved by the New Construction Committee. All roofs must be constructed with at lead it 7 /12 pitch. Section 7. Antennae, No radio or tol evisonantcltnne ,orary other typeofins[ramentor structure receiving radio or television reception, or other types of sound or video reception, shall be allowed fit filly place outside of tine house. A small satellite dish nny be placed on the back half of I ' ilia roof if it is not readily visible from the street. No use shall be mado of any lot or slntchure thorcon for any type of radio or television or similar broadcasting systems, Section g. Fences and Retaining Nulls. All fences shall be of wood, masonry or i 1 ornamental iron construction as approved by the Now Construction Commitico, and shall not exceed ilia height of eight (R) feet. Retaining walls on ilia front and side lot Oren', shall be masonry or stone. Retaining walls tiny be of other materials as approved by ilia New Construction Committee in ilia rear and side areas where (lie retaining wall is not visible from ilia street. Section 9, M i xes, Mailboxes shell be constructed of brick or ornmmentol iron to match (line residence inn style and form approved by (lie New Construction Committee, Section 10. Si nage,, No sign of tiny kind shall be displayed to (line public view on Any lot except one (1) professional sign of not more than six (G) square feet advertising Ilia property for sale or rent, and /prone (1) buildersign to advertise ilia property during the construction mid sales period. Declarant or its agents shall have the right to remove any sign, billboard or other ndvertising structure Clint does not comply with ilia foregoing requirements, and in so doing shall not be subject to any linbility for trespass orally other liability in connection with such removal. Declarnnt shall have ilia right to erect and maintain three billboards of not more thnn nincly -six (96) square feet so long as Declarant Is markellug lots on the Land. Section 11. Orass mmd'rrnsh. No lot shall be used or maintained its a dumping ground for nhbbish, trash, garbage or other waste, and said rubbish, trash, garbage or other waste shall not be kept except in sanitary eontnhners, All equipment for storage or disposal of such material, shall be kept in a clean and sanitary condition. dross, wccds and vegetation of each lot in the Subdivision shall be kept mowed at regular intervals so as to maintain the lot in it neat tad attractive manner. Upon fnilure to maintain n lot, the Declarant or its assigns of said Properly may, tit its option, have the gross, wccds and vegetation eta when, and as often as necessary in its judgnnent, and ilia owners of the property shall be obligated to reimburse the Declitranl or its assigns ror Ilia cost of such work. Section 12. Animals. No animals, livestock or pordtry of any kind shall be raised, bred or kept on nay property in ilia Subdivision except that dogs, cats or other household pets (not to exceed n total of three animals) nay be kept I'or the purpose of providing companionship for ilia fmnily. Section 13. Vehicles, Trucks with tonnage in excess orone ( I) toil shall not be permitted to park on streets, driveways or lots overnight, and no vehicle ofnny size which normally transports inflammatory or explosive cargo may be kept oil ilia Property tit any tittle. No boat, marine cell, hovercrall, aircrall, recreational vehicle, pick -tip camper, travel trailer, motor home, camper body or similar vehicle or equipmont nnny be parked in ilia open on any lot so as to be visible from the street, or parked on any public street in ilia Subdivision. No junk vehicles or vehicics in disrepair or neglect shall be stored, repaired or displayed on any lot, street or otherwise in this Properly. Section 14, nil Drilling, No oil drilling, oil devclopnhcnl operations, oil relining, quarrying or tnining operation of any kind shall be permitled upon or in any lot, nor shall oil ivclls, tanks, tunnels, mineral excavations orotherstntcluredesigncd for use in boring for oil or natural gas be erected, maintained or permitted upon or in any lot. Section 15, OliensivcActivity. No noxious orotlbtsivenclivity shall be ell rriedoil upon any lot nor anything be Bono thereof which nnny be or may become an annoyance or nuisance to the neighborhood. Section 16. Tempo ratry Stnictures. No structure of n temporary character such as it trailer, basement, tent, shack, barn or other outbuilding shall be used on any lot at any time as it residence; however, buildersmaynmaintainmuioccupynnodelhouses. Snlesofliccstluringtheconstructionand sales period will be accepted only with die permission and under the terms and conditions provided for by the Declarant herein. Section 17, Outbuildings. All outbuildings except greenhouses shall correspond In style and architecture to rte residence to which it appertains and shall be of the sane materials, both walls and real, as such residence unless said outbuilding is erected so as not to be visible front the street it�• Y.t or to other property owners. All outbuildings shall he approval by the New Construotion jt Commillec. fa �- Section 18. Solar Panel, Any roof solar heating units installed must be nrehilectumlly C 1 accep(nblc and approved by the Now Construction Committee rind have no ginre reflected to other property owners. Section 19. Air Conditioning Units, No air conditioning opparntus shall be installed oli the front of a dwelling house. In the even( a compressor system is placed in lite required side yard ofany lot, the compressor system most be located behind (lie front building line, but in no instance shall this compressor system extend 4trther than the front wall ofthe dwelling unit. No evaporative cooler or outer window cooler shall be installed on the front wall or window or uric side wall or window of a dwelling house. Section 20. hismotion, The committee reserves the right daring the construction of snid improvements to enter upon the subject lot for file purpose of inspecting said constntelion to ascertain that the approvais and /or restrictions heretofore provided for are being complied with. i•lowever, the failure of the undersigned to inspect said improvements during construction flocs not conslilu(e a waiver of dte rights of the Declarant, New Construction Committee or tiny lot owner to enforce the provisions contained hercin at tiny line nttcr rite construction of snid improvements has been completed. Section 21. Assiggntrnofintcrosl. The New Construction Committee may assign toany person or corporation any or all rights, powers, reservations, casoments anti privileges heroin reserved by nod to the Committee, and such assignee shall have the same right to so assign. ARTICLR V General Provisions Section 1. Enforcement. TheternsnridprovisiotnsofthisDcclarmtonshallrimwith and bind the Imid in the Property, and shall inure to the benel it of and be enforceable by Dcclnrant or the Owner ofany Lot, and by (heir respective legal representatives, heirs, successors and assigns. This Dccloration may lie onforced in any proceeding at late or in equity against any person or entity violating or threatening to viointe tiny term or provision hereof, to enjoin or restrain violation or to recover damages, and against the Property to enforce tiny lien created by this Declaration, and failure of Declanint or any Owner to enforce any term or provision of this Declnmlion shall never be deemed o waiver of the right to tlo so thereafter. Section 2. hicor tporntion. The terns and provisions oflhis Declaration shall be construed as being adopted in each and every contraO, decd or conveyance herenller executed by Declarant conveying all, or any purl, of the land in the Property, whether or not referred to therein, and all estates conveyed therein and warranties of title contained shall be subject to lire torms and provisions of ibis Declaration. Section 3. 'feria. The covenants and restrictions o1'this Dcciorntion shall run with and bind the Properties, and shall inure to the benefit of, and shall be enforceable by, the Association or the Owner of any property subject to this Dcclnrntion, their respective legal representatives, heirs successors and assigns. Section 4. Amendments by Declarant. So long as Dcclnrant owns n Lot in the Subdivision, the Declarant shall have mid reserves the right at any time and from time to time, without the joinder or consent of aty other party, to amend this Dcciorntion by any instrument in writing duly signed, acknowledged, and filed for record for the purpose of correcting any typographical or grammntical error, ambiguity, or inconsistency appearing hercin, provided tlint any such amendment shall be consistent with and in furtherance of the general pine trod schcnne of development as evidenced by The Declaration, and shall not impair the vested Property or other rights of tiny Owner or his mortgages. Parliculnrly reserved to the Declarant is llte right and privilege of Declarant to designate the use restrictions applicable to any portion of the Properties as provided within this Dcclnrntion; aid such designation, or subsequent change ol'designnlion, shall not be doomed to adversely nffect any subslaudal right of any existing owner. 81 ;i. 1' T Section S. Rights of Mortgagees. Trus(ees. (ictil)o1dors. No violations orally of these t ; restrictions, covenants or conditions, shall affect or impair the rights of any Mortgagee, Trustee or Lionholdcr under tiny mortgages or Deeds of Trust, or the rights of tiny assignee ofmty Mortgagee, f,1 Trustee or Lienlnolder under any such mortgage or Deed of Trust. Section G. lhildirlg Sites. Will the written approval of (lie Now Construction ' Committee, the Owner(s) of n group of Lots, each of which is adjacent to one or more of the other k' Lots in the group, may designate a part of the Lot, or oily combination of Lols or portions of Lols, {) to be a building site or building sites. Tito front, rear and side lines of the platted Lots ailbeted by fj any such action, as such lines are designated on the Subdivision Pint, shall be li( justed to conform Fj to the front, rear and side lines of Ilia new building sites for building and other purposes. improvements, limited to lite improvements permitted in this Declaration or subsequent Supplemental Declarations, nuty be constructed on any such building site in accordanco with the new front, rent and side lines thereof, Each such building site, upon being designated ns such by the Owner(s) thereof with the written approval of the Now Construction Committee, shall lherenller be n Lot for all purposes of the Declaration. Section 7, fnforcemcnt, The covenants, conditions, restrictions, casements, uses, privileges, assessments and lions of this Declaration shall nun with tine land and be binding upon and inure to the benofil ofDeclaratnl and each Ownerof llic Properties orany part hereof, thcirrespcclive heirs, successors rind assigns. The enforcement of [hc provisions of this Declantion shall be vested in those persons owning any real property and (lie Declarant. A breach ofany of tine provisions of this Declaration shall give to the party entitled to enforce such provision, the right to bring a proceeding at law or in equity against the party or pnrties brenehing or attempting to breach this Declaration and to enjoin such party or parties from so doing or to cause the breach to be remedied or to recover dnnmges resulting from such breach. A Breach of [his Declaration by nn Owner totaling to the use or maintenance of any portion critic Properties or part [hereof, is hereby declared to be and constitute a nuisance and every public or private remedy allowed by Inv or equity for the abatement of a public or private nuisance shall be available to remedy such breach, I it any legal or equitable proceedings for the enforcement of (Iris Declaration, or to restrain breach thereof, tine party or parties against whom judgment is entered shall pay fire attorney's fees and costs of the party or parties for whom judgment is entered in such amount as may be fixed by the Court in such proceedings. All remedies provided under this Declaration, including those at low or in equity, shall be cumulative and not exclusive. No party having the right to enforce this Declaration siiul I be Iinble for failure to enforce this Declaration. Section 8. Good f aith Lender's Clause. No violation of (his Declaration shall affect ally lice or deed of trust of record upon tiny property subject to assessment or any part of the property, when held in good faith. 'these liens may be enforced in clue course, subject to the provisions ofthis Declaration. Section 9. Conflict With Deeds of Convo, iaave, Declamnt's Rights, Many part of this Declaration shall be in conflict with any term of it previously recorded deed of convcytunce to any portion of tine Property, the term of ilia prior decd of conveyance shall govern, but only to tine extent of such conflict. Where rights are reserved to Declarant by the restrictions of this Declaration, Declarant reserves the right to modify such restrictions as necessary in subsequent deeds of conveyance, in which case the terms of the deeds ofconvcyance shall prevail. Section 10. Duration. This Declaration shall remain in full force and ef['ecl for n term of thirty (30) years front (lie data this Declaration is recorded in Lite Office of the County Clerk of Tarrant County, 'Texas, oflcr which time this Declaration shall be extended automatically for successive periods of tell (10) years each unless and until an instrument signed by the majority of the then lot owners has been filed loot record ht the office of the County Clerk of'1'arratnt County, '1'exns, agreeing to terminate this Declaration. Such an instrument so filed for record shall become effective on the (late stated therein or one (1) year after it is so filed 1'or record, whichever is the later date. Section 11, Severability. Invalidation orally term or provision of this Dechiration by judgment or otherwise shall not allecl any other term or provision of this Declaration and this Declantion shall remain in full force anti effect except as to tiny terms and provislons which ire invalidated. I t_s r. t.j l r1 Section 12. Gone icrnndGrnmmnr. Thosingulorwhcrevorusedliercinshallbeconstrucd to mean or include the plural when npplicable; and (lie necessary gramnrntical changes required to make the provisions hereof apply either to corporations (or other enthics) or individuals, malo or female, shall in all eases he assumed as though in each case hilly expressed. Section 13. "1_'ilLs. Tito tikes of this Deciamlion, and of Articles amid Sections contained herein, arc for conveniertco only and shnll not bo used to consinic, interpret, or limit tlro "calling of nny terms or provisions contained in this Declaration. Section 14. Successors in'Piile. Tho terms and provisions of this DOClnratiOn s1m11 apply to, be binding upon, and imiro to the benefit of Declarant and the Association and their respective successors and assigns. RXECUTED this A day of 2001. SNIKWAH, L.P. BY: STEVE,I BY: un- STATE OF'ITXAS COUNTY OF'fARRAN T' 04S CUS'T'OM General partner President The foregoing instrument was acknowledged before me on the � day of 2001, by Steve Hawkins, Presidom of S'fGVL• IIAWKLNS CUSTOM 1 O ES, INC., a Texas corporation, on bchnlf of soil corporation, General Partner of SNIKWAI I, L.P. p,M BONNY HINES"-;"' Nobly Public STATE OF TFJtA5 ayCcr�.Ems.11 /29/2M N51TA YPUBL. , STATE- OFTEXAS PRINTED NAME OF NOTARY MY COMMISSION EXPIRES: