To: Planning and Zoning Commission
From: Sarah Hensley, Director of Community Development
Subject:
Title
Consider four variance requests 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, to decrease the minimum dwelling size to 2,000 square-feet in lieu of the 2,400 square-feet requirement, to increase the maximum main building lot coverage to 35% in lieu of the 30% requirement, and to increase the maximum lot coverage to 55% in lieu of the 50% requirement, on the property legally described as Lot 24 of the Highland Terrace Mobile Home Park, being approximately 0.15-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 1828 Highland Drive East. Hearthstone Classic Custom Homes Corp. - Jeff Avery, President, Owner/Applicant. (UDC-23-0007)
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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.
In 2020, the Applicant purchased 21 of the 68 lots in the subdivision and applied for a variance request to setbacks for three lots before the Zoning Board of Adjustment. These variances would have allowed one-story homes smaller than permitted in the SF-36 zoning district (2,400 square-feet). The Applicant was denied on December 7, 2020, due to the lack of a legal basis (hardship).
Between June 2021 and February 2022 City Council approved variances identical to those requested by the Applicant for 21 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 four variances for the lot located at 1828 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.)
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 December 5, 2023.