To: Planning and Zoning Commission
From: Sarah Hensley, Director of Community Development
Subject:
Title
Consider a request for two variances for one lot in the Highland Terrace Mobile Home Park to reduce the front yard setback to 25 feet in lieu of the required 35 feet, and to decrease the minimum dwelling size to 2,000 square-feet in lieu of the 2,400 square-feet requirement, on the property legally described as Lot 34 of the Highland Terrace Mobile Home Park, being approximately 0.16-acres, situated on the east side of Highland Drive East, zoned Single-Family 36,000 square-foot lots or greater (SF-36), and addressed as 1855 Highland Drive East. Raza Mian, Owner/Applicant. (UDC-23-0008)
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Background:
Highland Terrace Mobile Home Park was originally platted in 1970 and annexed into Keller in the late 1980s. The city’s policy at that time (also included in current Unified Development Code guidelines) was to zone any territory annexed to the City of Keller as Single-Family 36,000 square-foot lots (SF-36). The subdivision has maintained the SF-36 zoning despite the plat showing lots generally less than 8,000 square-feet.
Between June 2021 and December 2023 City Council approved variances identical to those requested by the Applicant for 22 other lots in the same subdivision. The table included in the Staff Attachment shows which variances were approved for various lots and the corresponding dates and resolution numbers.
Request:
The Applicant is requesting two variances for the lot located at 1855 Highland Drive East:
1. Decrease the minimum front yard setback from 35 feet to 25 feet.
2. Decrease the minimum dwelling size to 2,000 square-feet in lieu of the 2,400 square-feet requirement
Summary:
Section 2.07(A)(2) of the UDC lists criteria for approval of a variance, the Planning and Zoning Commission and City Council shall consider the following factors:
a. That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this Code would deprive the applicant of the reasonable use of his land.
b. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other properties in the area.
c. That the granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this Code.
d. That the granting of the variance will not constitute a violation of any other valid ordinance of the City of Keller.
e. That strict compliance with the regulations, and/or that the purpose of the regulations will be served to a greater extent by the alternative proposal.
Citizen Input:
A UDC variance application does not require a public hearing. The public will have an opportunity to speak on this agenda item during “Persons to Be Heard.”
Alternatives:
The Planning and Zoning Commission has the following options when considering a UDC variance request:
§ Recommend approval as submitted.
§ Recommend approval with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Recommend denial.
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this Variance Request will be scheduled for City Council action on March 5, 2024.