To: Mark Hafner, City Manager
From: Julie Smith, Director of Community Development
Subject:
Title
Consider a resolution approving four variances to the Unified Development Code, Article 8 - Zoning Districts, Development Standards, Tree preservation, Section 8.03 Zoning districts, regarding one lot in the Highland Terrace Mobile Home Park, to decrease the Minimum Dwelling Size to 2,000 square feet in lieu of the 2,400 square-foot requirement, to increase the main building lot coverage to 35 percent in lieu of the 30 percent requirement, to increase the maximum lot coverage to 55 percent in lieu of the 50 percent requirement, and to modify the front setback from 35 feet to 25 feet, legally described as Lot 27 of Highland Terrace Mobile Home Park, addressed as 1840 Highland Drive East and zoned Single-Family 36,000 square-foot lots or greater (SF-36). Mike Garabedian, GPLM, LLC, Owner/Applicant. (UDC-21-0009)
Background:
Highland Terrace Mobile Home Park was originally platted in 1970. This portion of the City was annexed into Keller in the late 1980s and zoned Single-Family 36,000 square-foot lots (SF-36).
On June 1, 2021, the City Council approved three variances for 21 lots within Highland Terrace Mobile Home Park as follows:
1. Decrease the minimum dwelling size from 2,400 square-feet to 2,000 square-feet.
2. Increase the main building lot coverage from 30% to 35%.
3. Increase the maximum lot coverage from 50% to 55%.
In addition to the three variances Council granted previously to another developer listed above, the Applicant is requesting a fourth variance for his property (Lot 27), addressed as 1840 Highland Drive East, to modify the front setback to 25 feet in order to build smaller, one-story structures.
Variance Requests:
1. 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.)
2. Increase the main building lot coverage to 35 percent in lieu of the 30 percent requirement in the SF-36 zoning district. (Thirty-five percent (35%) is permitted in the SF- 8.4 through the SF-15 zoning districts.)
3. 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.)
4. Decrease the minimum front setback from 35 feet to 25 feet. (A 25-foot setback is permitted in the SF-10 and SF-8.4 zoning districts.)
Citizen Input:
Variance requests do not require any public hearings per the Unified Development Code.
Planning and Zoning Commission Recommendation:
On November 9, 2021, the Planning and Zoning Commission recommended approval by a vote of 5-2 (Nays: Ponder and Sagar) with the modification of approving the same three variances that were requested by a previous applicant (1st: decrease the minimum dwelling size to 2,000 vs 2,400; 2nd: increase the main building coverage to 35% vs 30%; and 3rd: increase the maximum building coverage to 55% vs 50%). The Commission noted that the zoning requirements of SF-36 could be met, but Council had approved three variances for 21 lots previously and so those three should also be granted here. However, the Commission recommended denying the fourth variance for a decreased front-yard setback from 35 feet to 25 feet. The Commission noted that the other three variances Council granted for the previous applicant’s 21 lots did not alter the front yard setback. The Commission voiced concern that if one lot were granted a setback allowing the home to be built ten feet in front of the homes on either side, it would cause a significant change in how homes lined up along the street. They noted this fourth variance would alter the aesthetics of the neighborhood, and they could not support such a request.
Summary:
Section 2.07 (A)(2) of the UDC states that when considering a variance request, 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.
City Council Alternatives:
The City Council has the following options when considering a Variance application:
§ 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.
Supporting Documents:
• Staff Attachment A - Application, narrative letter and documents