To: Planning and Zoning Commission
From: Katasha Smithers, Planner II
Subject:
Title
Consider one variance request to 17 lots in the Highland Terrace Mobile Home Park to decrease the minimum front yard setback to 25 feet in lieu of the required 35 feet, located at 1700 Highland Drive West, 1704 Highland Drive West, 1736 Highland Drive West, 1744 Highland Drive West, 1748 Highland Drive West, 1752 Highland Drive West, 1832 Highland Drive East, 1847 Highland Drive East, 1843 Highland Drive East, 1839 Highland Drive East, 1835 Highland Drive East, 1733 Hilltop Lane, 1729 Hilltop Lane, 1725 Hilltop Lane, 1733 Highland Drive West (legally two lots), 1717 Highland Drive West, 1713 Highland Drive West, legally described as Lot 1, 2, 10, 12, 13, 14, 36, 37, 38, 39, 42, 43, 44, 60, 61, 64, 65, Highland Terrace Mobile Home Park and zoned Single-Family 36,000 square-foot lots or greater (SF-36). Double B Texas Ventures, LLC and Olympic Dream Living Trust, Owners. Jeff Avery, Applicant. (UDC-21-0010)Body
Background:
Highland Terrace Mobile Home Park was originally platted in 1970 and annexed into Keller in the late 1980s. The City zoned the subdivision at the time of annexation as 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%.
On December 7, 2021, in addition to approving the three variances above, the City Council also granted a different Developer an additional fourth variance to decrease the minimum setback from 35 feet to 25 feet.
The Applicant, granted the three original variances for 21 lots, is now also requesting the same fourth variance to the front setback for his remaining 17 lots. (Four of his 21 lots have been sold to other parties since the original three variances were granted.)
Variance(s) Requested:
1. 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.)
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 Specific Use Permit application will be scheduled for City Council action on February 15, 2022.
Supporting Documents:
§ Maps
§ Staff Attachment A - Application