To: Aaron Rector, City Manager
From: Kalvin Eddleman, Planner I
Subject:
Title
Consider a resolution approving a variance request for one lot in the Highland Terrace Mobile Home Park to reduce the front yard setback to 20 feet in lieu of the required 25 feet, on the property legally described as Lot 41 of the Highland Terrace Mobile Home Park, being approximately 0.17-acres, situated on the west side of Highland Drive East, zoned Single-Family 36,000 square-foot lots or greater (SF-36), and addressed as 1827 Highland Drive East. Mohammad Rahman, Applicant. Maxim LLC, Owner. (UDC-2503-0004)
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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.
On June 18th, 2024, City Council approved four variances for the property at 1827 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-foot requirement. (A minimum dwelling size of 2,000 square-feet is equal to the SF-15 zoning district.)
3. Increase the main building lot coverage to 35% in lieu of the 30% requirement in the SF-36 zoning district. (Thirty-five percent (35%) is permitted in the SF- 8.4 through the SF-15 zoning districts.)
4. Increase the maximum lot coverage to 55 percent in lieu of the 50 percent requirement of all UDC residential zoning districts. (The 50% lot coverage requirement including accessory buildings, driveways, and parking areas is uniform throughout the UDC.)
Section 9.11(A)(1) of the UDC states that, on all corner lots, the front yard setback shall be observed along the frontage of both intersecting streets, unless approved specifically otherwise on a final plat. Because the subject property is a corner lot, the previously approved 25-foot setback requirement would be imposed on both the eastern and southern frontage along Highland Drive East.
Request:
The Applicant is requesting one variance to decrease the minimum front yard setback from 25 feet to 20 feet on the southern side of the property located at 1827 Highland Drive East.
Planning and Zoning Commission Recommendation:
At the April 22, 2025, Planning and Zoning Commission meeting, Commissioners voted 6-1 to recommended approval of the variance request as presented.
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 City Council has the following options when considering a UDC variance request:
§ Approve as submitted.
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.