To: Mark Hafner, City Manager
From: Sarah Hensley, Interim Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving two Specific Use Permits (SUPs) to allow the property owner to reside in the existing 1,250 square-foot structure while a new main structure is being built, and to allow the 1,250 square-foot structure to remain on the property as an accessory structure after the new home is completed, on property legally described as Lot 1, Block A of the Herrera Addition (listed as Bancroft Addition with the Tarrant Appraisal District), being 1.08-acres, located on the north side of Bancroft Road, at the intersection of Bancroft Road and Double Springs Lane, zoned Single-Family 36,000 square-foot lots or greater (SF-36) and addressed as 1125 Bancroft Road. Mariel Herrera-Ledezma, Owner/Applicant. (SUP-23-0017).
Background:
The Applicant is requesting two Specific Use Permits (SUPs) to continue residing in an existing 1,250 square-foot accessory structure for a period of 24 months while a new primary residence is being constructed, and to allow that structure to remain on the property after the new home is completed. The building permit for the new, 3,862 square-foot home is under review.
According to historic aerials, the structure the applicant requests to reside in during construction has been on the property since at least 2004. Because the Applicant’s property is less than 1.5 acres - the UDC requirement to have an accessory dwelling unit - the kitchen facilities will have to be removed upon completion of the new home. The structure will then serve as an entertainment/recreation space for the Applicant’s family. There is one other accessory structure, a 300 square-foot covered patio, on the property. The UDC allows a maximum of two accessory structures in the SF-36 zoning district.
Section 8.04 (2)(g)(2) of the Unified Development Code (UDC) states an SUP is required for accessory structures greater than 1,200 square-feet in the SF-36 zoning district. Section 8.04 (2)(g)(4) of the UDC states an SUP is required for the temporary residential use while the main structure is built.
Existing Building:
The structure complies with all UDC requirements for accessory buildings. The structure’s exterior is white siding with black trim and dark gray shingles and will complement the new home when finished.
Citizen Input:
On May 11, 2023, the City mailed out 15 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 also posted on the site.
Staff has not received any response from the public on this SUP application.
Summary:
Section 8.02 (F)(2)(a) 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.
Planning and Zoning Commission Recommendation:
At the May 23, 2023 Planning and Zoning Commission meeting, Commissioners unanimously voted to recommend approval of the SUP request with the condition that the kitchen facilities be removed from the accessory structure within two months of the building final on the new home.
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.