To: Planning and Zoning Commission
From: Kalvin Eddleman, Planner I
Subject:
Title
PUBLIC HEARING: Consider a request for a Specific Use Permit (SUP) with a variance to encroach the setback requirement for an approximately 4,608 square-foot accessory structure, on an approximately 5.09 acre lot, located approximately 2,000 feet south of the intersection of Bear Creek Parkway and Berkshire Hill Drive, legally described as Lot 3, Block A of the Hive Riot Honey Addition, zoned Single-Family Residential - 36,000 square-foot lots (SF-36), and addressed 8910 Indian Knoll Trail. Matthew Burton, Applicant. Hive Riot Honey Company LLC, Owner. (SUP-2411-0016)
Background:
The property was platted in 2019. There are two existing accessory structures on the property which are in disrepair and will be removed prior to construction of the proposed structure.
The Applicant is proposing to construct a 4,608 square-foot accessory structure with an average height of approximately 26’ 5” to use as a barn for an existing honey farm on the property. The Applicant proposes to use this barn for agricultural purposes only. There is no residential structure on the property.
In April 2022, City Council approved a Specific Use Permit (SUP) for the Applicant to construct a 5,107 square-foot accessory structure on the property, which has since expired. No building permit was ever submitted for the structure following SUP approval.
The plans submitted with the current SUP request indicate revisions to the previous plans, including the relocation of the structure from the back of the property to the front, a reduction in total square-footage of the structure from 5,107 to 4,608, and an increase in average height from 23’ 2” to approximately 26’ 5”.
Building Size:
The Applicant is proposing a 4,608 square-foot accessory structure (3,168 square feet enclosed and 1440 square feet for covered porch area). An SUP is required for accessory structures greater than 1,200 square feet in the SF-36 zoning district.
Elevations:
Elevations are included in the agenda packet. The applicant is proposing a two-story structure with an average height of approximately 26 feet, 5 inches.
UDC Section 8.10 (A) (9) states the maximum height of a residential accessory the building shall not exceed an average of 15 feet unless approved by a SUP.
Building Location:
UDC Section 8.10 (A) (5) states accessory structures shall be prohibited from being located in front of the main dwelling unit. There is no home currently on the property.
The proposed structure will be setback 48 feet from the front property line. It will meet side yard setback requirements of 15 feet and will exceed rear yard setback requirements of 15 feet. A variance is requested to encroach the 100’ setback requirement for agricultural accessory structures without a main structure.
Section 9.06 (A.8) of the UDC states that “Accessory buildings are not permitted without a main structure unless on tracts of two (2) acres or more and used solely for agricultural purposes. Workshops, garages, or similar uses shall not be considered as agricultural purposes. In such case, a minimum of one hundred foot (100') front building setback is required.”
Land Use:
North: Low-Density Single Family (LD-SF)
East: Low-Density Single Family (LD-SF)
South: Low-Density Single Family (LD-SF)
West: Low-Density Single Family (LD-SF)
The subject property is zoned SF-36 and designated Low-Density Single Family (LD-SF) on the city’s Future Land Use Plan (FLUP).
SUP Requests:
1. An SUP for a 4,608 square-foot accessory structure to exceed 1,200 square feet in the SF-36 zoning district.
2. An SUP for the height of the structure to exceed an average of 15 feet tall. The proposed height is an average of 26 feet, 4.53 inches, with a peak of 28 feet, 4.44 inches.
Variance Requested:
1. A variance to encroach the 100’ setback requirement for agricultural accessory structures without a main structure.
Citizen Input:
On November 26, 2024, the City mailed out 17 letters of notification for this Public Hearing to all property owners within three-hundred feet (300’) of the subject site. A public hearing notice sign was posted on the site.
Staff has received no letters of support or opposition in response to this SUP request.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the Planning and Zoning Commission and City Council shall consider the following factors:
1) The use is harmonious and compatible with surrounding existing uses or proposed uses;
2) The activities requested by the applicant are normally associated with the permitted uses in the base district;
3) The nature of the use is reasonable and appropriate in the immediate area;
4) Any negative impact on the surrounding area has been mitigated; and
5) That any additional conditions specified ensure that the intent of the district purposes are being upheld.
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:
1) 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.
2) 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.
3) 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.
4) That the granting of the variance will not constitute a violation of any other valid ordinance of the City of Keller.
5) 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.
Alternatives:
The Planning and Zoning Commission has the following options when considering a Specific Use Permit with a variance:
§ Recommend approval as submitted (with requested variances).
§ 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 Site Plan Amendment with a variance application will be scheduled for City Council action on January 7, 2025.
Supporting Documents:
§ Maps
§ Staff Attachment