To: Planning and Zoning Commission
From: Alexis Russell, Planner I
Subject:
Title
PUBLIC HEARING: Consider a request for Specific Use Permits (SUPs) with a variance to construct an approximately 3,093 square-foot Accessory Dwelling Unit with an average height of 16 feet, 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 four 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 maximum height of the Accessory Dwelling Unit to exceed 15 feet
4. 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. The applicant is proposing a 3,091 square-foot Accessory Dwelling Unit.
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 15’ 11”.
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 applicant is proposing a 3,093 square-foot accessory building. According to the Tarrant Appraisal District (TAD), the existing main structure is 2,760 square-feet of livable space. With the combination of the existing accessory structures (660 square-feet) and this proposed structure (3,093 square-feet), the combination of these buildings would exceed the 50% threshold of the existing main structure (135%).
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.
UDC Section 8.10 (B.1) states that accessory dwelling units shall be constructed behind the main dwelling. The proposed location of the ADU follows this section of the UDC.
Setbacks per UDC for SF-8.4: Front: (60’ Whitley Road) and (30’ Frank Lane), Rear: 15’, Side: 15’
Lot Coverage:
UDC Section 8.11 (C) states that the maximum lot coverage in SF-8.4 is thirty-five percent (35%) by main buildings and fifty percent (50%) including accessory buildings, driveways, and parking areas. The proposed square-footage of the proposed ADU follows this section of the UDC.
Lot Size: 87,120 square-feet
Total lot coverage = 19,081 square-feet
(Main structure: 4,550 sf + Driveway: 9,944 sf + 1st Accessory Building: 260 sf + 2nd Accessory Building: 400 sf + Proposed ADU: 3,927* sf)
*Lot coverage considers the total footprint of the building.
According to TAD, the main structure is 2,760 sf. The total footprint of the building is approximately 4,550 sf, according to aerial measurements taken from GIS.
The requested ADU has covered patios (834 sf) that are not calculated into the square-footage of the building because the patios are not livable space.
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.
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 (260 sf) on the south side of his residence, and the other is an existing well house (400 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, 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.
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 no public comments regarding this request.
Alternatives:
The Planning and Zoning Commission has the following options when considering a Specific Use Permit:
• 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 Specific Use Permit application will be scheduled for City Council action on December 5, 2023.
Supporting Documents:
• Aerial and Zoning Maps
• Staff Attachment - Application and Supporting Documents