To: Mark Hafner, City Manager
From: Alexis Russell, Planner I
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving Specific Use Permits (SUPs) with a variance to construct an approximately 3,093 square-foot Accessory Dwelling Unit, on approximately 2 acres, on the southeast corner of Whitley Road and Frank Lane, legally described as Lot 2 of the John Edmonds Subdivision, zoned Single-Family 8,400 square-foot lot size or greater (SF-8.4) and addressed 1785 Whitley Road. Randy Sullivan, Applicant. Gary Racine, Owner. (SUP-23-0031)
Background:
This property was annexed into the City on January 20, 1969.
The property was platted and approved on July 3, 1979.
The applicant wants to build an ADA-accessible dwelling for himself and his wife and have his children move into the main home for medical assistance.
The Applicant requests Specific Use Permits (SUPs) to construct an Accessory Dwelling Unit (ADU) with a variance to allow for an additional accessory structure on the property (for a total of three).
There are three SUPs for this proposed structure:
1. An SUP to construct an Accessory Dwelling Unit in the SF-8.4 Zoning District.
2. An SUP for exceeding 500 square-feet for any accessory building in SF-8.4.
3. An SUP to allow the total square footage of all accessory structures to exceed 50% of the square footage of the existing home.
Building Design:
UDC Section 9.06 (B)(2) states that all accessory dwelling units require approval of a Specific Use Permit by the City Council.
UDC Section 8.11 (2)(f)(2) restricts the maximum square footage of a detached accessory building in SF-8.4 to exceed 500 square feet unless approved by a SUP.
UDC Section 9.06 (1) states that the combined area of all accessory buildings on a lot shall be less than fifty percent (50%) of the main structure, unless approved by a SUP.
The proposed ADU has a total footprint of 3,927 square-feet:
• Conditioned space 2,377 SF
• Garage 716 SF
• Covered porches 834 SF
The footprint of the existing main structure is 3,957 square-feet:
• Conditioned space 2,760 SF
• Garage 484 SF
• Covered porches 1,197 SF
UDC Section 9.06 (A)(9) states the maximum height of the building shall not exceed an average of 15 feet, unless approved by a SUP. The applicant is proposing the structure at an average height 12’ 4”.
Site Design:
The property is approximately 2 acres. According to the Keller Unified Development Code (UDC), ADUs are permitted with approval of an SUP on lots with a minimum of 1.5 acres.
Setbacks per UDC for SF-8.4: Front: (60’ Whitley Road) and (30’ Frank Lane), Rear: 15’, Side: 15’
Elevations:
The UDC Section 9.06 (B)(4) states accessory dwelling units shall be constructed from the same materials as the main building. The proposed elevations show the structure to be constructed of primarily masonry materials with a color scheme similar to the existing home.
Variances:
The applicant has requested a variance to allow for a third accessory structure on the property.
UDC Section 9.06 (10) states that there shall be no more than two (2) detached accessory buildings per single-family lot.
The applicant currently has two (2) detached accessory buildings, one is an existing outdoor grill covering (294 sf) on the south side of his residence, and the other is an existing well house (360 sf) on the southwest side of the residence. The addition of the accessory building would be the third structure. It would not cause the maximum lot coverage of (50%) to be exceeded.
Summary:
Section 8.02 (F)(2) of the UDC states that when considering a SUP request, 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.
Citizen Input:
On November 2, 2023, the City mailed out 20 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 one letter of support (101 Frank Lane) and one letter of opposition (108 Frank Lane) from neighbors within the 200’ buffer.
Planning and Zoning Commission Action:
At the November 14, 2023, Planning and Zoning Commission meeting, Commissioners unanimously recommended approval of the SUP request with the condition that the proposed ADU be reoriented so that the front of the structure faces Frank Lane rather than the primary dwelling unit.
Alternatives:
The City Council has the following options when considering a Specific Use Permit:
• 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.