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2017_11.17 BOA Packet ic KENNEDALE Board of Adjustment www.cityofkennedale.com BOARD OF ADJUSTMENT& BUILDING BOARD OF APPEALS AGENDA SPECIAL MEETING November 17, 2017 CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE 7:00 PM I. CALL TO ORDER II. ROLL CALL III. SWEARING IN OF SPEAKERS IV. REGULAR ITEMS A. CASE # BOA 17-07 to receive comments and consider action on a request by the City of Kennedale for a Variance to the Unified Development Code Article 3, Agricultural and Residential Zoning districts generally, to allow encroachment into side setback by 36 inches in an "R-1" Single Family district at 913 Shady Creek Drive, more particularly described as Shady Creek East Addition Lot 7 Blk 1. V. 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 the City Secretary at 817.985.2104 or(TDD) 1.$00.735.2989 CERTIFICATION I certify that a copy of the November 17, 2017, Board of Adjustment&Building Board of Appeals agenda was posted on the City Nall 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. -y _l Sandra Johnson, Building Official )c KENNEDALE Board of Adjustment vwvw.cityofkennedale.com STAFF REPORT TO THE BOARD OF ADJUSTMENT Date: November 17, 2017 Agenda Item No: REGULAR ITEMS (A) I. SUBJECT CASE # BOA 17-07 to receive comments and consider action on a request by the City of Kennedale for a Variance as required by the Unified Development Code Article 3, Agricultural and Residential Zoning districts generally, to all encroachment into side setback by 36 inches in an "R-1" Single Family district at 913 Shady Creek Dr., more particularly described as Shady Creek East Addition Lot 7 Block 1 II. SUMMARY BACKGROUND OVERVIEW Request Variance from side yard setback Applicant City of Kennedale Location Shady Creek Dr., North of Harrison Rd., and South of City of Arlington Surrounding Uses Single family residential (acreage lots and neighborhood-type lots) Future Land Use Plan Designation Neighborhood/Open Space Staff Recommendation Consider Approval,with installation of gutters along the west side of new construction and drain to the rear of property CURRENT STATUS OF • This property is zoned "R-1" single family residential, which allows additions as long as they meet the required setbacks and other development restrictions. The required side yard setback for additions is eight (8) feet. A residential building permit was issued on June 7, 2017. However, the residential building permit was issued in error. The site plan submitted shows five (5) feet for the side setback and that is what was approved. However the code requirement is eight (8) feet. On November 3, 2017 a complaint was received from the property at 911 Shady Creek Drive. The property owners concern was that the building was too close to the shared property line. This became more evident once the walls and roof were built. Note that there was communications between the neighbor and the code Compliance Officer regarding the proximity of the building to the property line prior to the issuance of the building permit. B-1 A "Stop Work Order" was posted after a measurement was made showing the five (5) feet setback, not the required eight (8) feet. SURROUNDING • PERTIES & NEIGHBORHOOD The property is located in a primarily residential area. The properties on either side are zoned AG and the property behind is residential area of the City of Arlington. REQUIREMENTS • The Board of Adjustment is permitted to grant variances to the development regulations in Article VI of the zoning code such as the front yard, side yard, rear yard, lot width, lot depth, lot coverage, minimum setback, off-street parking, off-street loading, lot area, maximum height, or other building regulations. Variances are permitted only where the literal enforcement of the provisions of Article VI 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. In other words, in order to grant a variance, the variance applicant is required to demonstrate that the property itself is unusually different enough from other properties in the same zoning district that it can't be developed in the same way as other parcels in the same district, which creates a hardship. A hardship cannot be of the applicant's own making, and it cannot be financial (e.g., the applicant can't meet the development regulations simply due to the applicant's financial situation). The board should consider the following questions in determining whether a variance request meets this standard: (1) is the request owing to a special condition inherent in the property itself; (2) is the condition unique to the property for which a variance is requested; (3) is the condition self-created; (4) will a strict enforcement of the zoning ordinance create hardship above that suffered by the general public; and (5) will the hardship deprive the property owner of the right to use his property? If you find the answers above demonstrate conditions favorable to granting a variance, the board should also consider these questions: (6) would granting the variance be contrary to the public interest; and (7) is the request within the spirit of the ordinance and further substantial justice? (1) Is the request owing to a special condition inherent in the property itself? B-2 No. The property is the same size as other properties in the district. The property does not have floodplain, unusual topography or shape, or other factors that would make it difficult to develop the property under the city's R-1 zoning district regulations. (2) Is the condition unique to the property for which a variance is created? As mentioned above, the property does not have a unique condition. It is approximately 123 feet wide and 179 feet deep. The property does have a large drainage channel running approximately twenty eight (28) feet from the back of the house to the rear property line. (3) Is the condition self-created? Yes, however the property owners were working under the assumption of an approved and issued residential building permit from the city. 01 (4) Will a strict enforcement of the zoning ordinance create a hardship above that suffered by the general public? No, it will not. Other property owners within the R-1 zoning district must also meet the setback requirements to the R-1 zoning district. (5) Will the hardship deprive the property owner of the right to use his property? No. The property is already developed. (6) Would granting the variance be contrary to the public interest? The property owner (neighbor) to the west has told staff her concerned is the quality of life (view). The view will be the same for the neighbor no matter what the distance is from the property line. The neighbor was also concerned with the drainage from the roof of the structure along the fence. Gutter along the west side of the structure with the drain spouts directed to the rear of the property would correct any drainage issues. B-3 (7) Is the request within the spirit of the ordinance and further substantial justice? Yes. Due to the residential building permit being issued in error, the property owners were working under the assumption the side setback was correct. STAFF RECOMMENDATION Will the literal enforcement of the provisions of this article result in an unnecessary hardship? No. The property owners are not under an unnecessary hardship. Based on the above analysis, staff recommends approving the request for a variance with the stipulation that the property owners install gutters along the west side of the new construction and have them drain to the rear of the property. ACTION • OF The board may grant or deny the request or postpone its vote until a later date. If you postpone your decision, you should state in your motion when the case will be heard by the board again. Sample motions are provided for your reference below. You are not required to use either of the motions provided, but your motion should state why you are granting or denying the request. Approve: Based on the evidence and testimony provided, I find that the proposed request meets the standards for a variance and make a motion to approve the requested variance. 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IRS $1J}R4'£`I'' WS miwx rm_ COWAW KISS dll4 40 W K m Air POW 02L 5UR K r 0)WKff FOP UM *: if 020) •Rmrr+.rr,iro�artiR r6 tr r.4 as5 KENNEDALE Development Services ..city. kennedalexom CITY OF KENNEDALE BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE APPLICANT AND OWNER INFORMATION SECTION 1. APPLICANT. Name City of Kennedale Work Phone: 817-985-2132 Please provide a phone number where we can reach you during regular business hours. Mailing Address 405 Municipal Dr., Kennedale TX 76060 SECTION 2. OWNER. If the owner is the applicant, write "same as applicant"below and leave the rest of this section blank. Name Work Phone Home Mailing Address SECTioN 3. PROPERTY INFORMATION. Pronertv location 0.1,E Shady Creek Dr., Kennedale TX 76060 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2130 1 Fax: 817-483-0182 )c KENNEDALE Development Services www.cityofkennedale.com Legal Description Lot 7 Block 1 and Shady Creek East Addition Note: Attach a metes and bounds description if the property is not platted. VARIANCE REQUEST Zoning District: "Residential 1—Single Family Residential District" City Code reference for requirements that creates need for variance: Unified Development Code Article 3—Agricultural and Residential Zoning Districts Describe City Code Requirement: Minimum Side Setback for accessory building is eight (8) feet. Describe variance requested: A variance has been requested for a side setback of five (5) feet. What hardship has been created? No, hardship was created. However, the building permit was issued in error by the city. 405 Municipal Drive, Kennedale, TX 76060 1 Telephone: 817-985-2130 1 Fax: 817-483-0182 )c KENNEDALE Development Services www.cit-yof[cennedate.com What created the hardship? No, hardship was created. I declare that the above is true and correct. Signature of Applicant Date Required attachments The following items must be submitted with your application and the required application fee. 1) Two SITE PLANS, drawn to scale, showing all lot dimensions, and the location and dimensions of all existing and proposed lot improvements; and 2) A STATEMENT OF FACTS AND REASONS why the zoning regulations should not be applied to the property in question and how the standards governing the Board's actions would be satisfied; and 3) A STATEMENT from authorized city staff citing the reasons for refusing to issue a permit under the plans submitted. 405 Municipal Drive, Kenneclale, TX 76060 1 Telephone: 817-985-2130 1 Fax: 817-483-0182 b 1 f 1� s s, ae �t 1 'I i fl :. t. r i �.1 µ.. s r t A IL L 1 1 r n 1» 1 ,y� 7 q_y u ` 1. w •eY= ;y e !F' � •tl y ! al PP r41 � t} i q 4 E 1 MU Leo 1 � j �•t \ J � J � � i r* r ti li I f _ � i � Ir r`��I r+il°��4� � ■ Q q � _ � u•r� t ayq�� a ell ALP mil ,<s �` 'I f�: :4 �i, (' � ,, A �•� � sire ��,, •,�; '� r`r, r iv`i'