To: Mark Hafner, City Manager
From: Julie Smith, Community Development Director
Subject:
Title
Consider a resolution approving three variances to the Unified Development Code, Article 8 - Zoning Districts, Development Standards, Tree preservation, Section 8.03 Zoning districts, regarding 21 lots in the Highland Terrace Mobile Home Park, to decrease the Minimum Dwelling Size to 2000 square feet in lieu of the 2400 square-foot requirement, to increase the main building lot coverage to 35 percent in lieu of the 30 percent requirement, and to increase the maximum lot coverage to 55 percent in lieu of the 50 percent requirement, located at 1700 Highland Drive West, 1704 Highland Drive West, 1736 Highland Drive West, 1740 Highland Drive West, 1744 Highland Drive West, 1748 Highland Drive West, 1752 Highland Drive West, 1832 Highland Drive East, 1844 Highland Drive East, 1852 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, 11, 12, 13, 14, 25, 28, 30, 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 Patricia McCoy owners. Jeff Avery, applicant. (UDC-21-0003)
Background:
Highland Terrace Mobile Home Park was originally platted in 1970. This portion of the City was annexed into Keller in the late 1980s and zoned Single-Family 36,000 square-foot lots (SF-36).
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).
The Applicant is now requesting a variance to 21 out of 68 lots in the subdivision to increase lot coverage requirements and home size in order to build smaller, one-story structures.( A building permit has been approved for 1748 Highland Drive West for a two-story home that meets all SF-36 zoning requirements.)
Variance Requests:
1. Decrease the Minimum Dwelling Size to 2000 square-feet in lieu of the 2400 square-foot requirement. (A minimum dwelling size of 2,000 square-feet is equal to the SF-15 zoning district.)
2. Increase the main building lot coverage to 35 percent in lieu of the 30 percent requirement in the SF-36 zoning district. (Thirty-five percent (35%) is permitted in the SF- 8.4 through the SF-15 zoning districts.)
3. 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.)
Citizen Input:
Variance requests do not require any public hearings per the Unified Development Code. However, the City did receive one email of support from Mike Garabedian who also owns one lot in the subdivision.
Planning and Zoning Recommendation:
On April 13, 2021, the Planning and Zoning Commission voted unanimously to recommend denial. They referred to the Variance Decision Chart provided by the City Attorney. (See supporting document: Variance Decision Chart.) The first consideration requires a “special condition inherent to the property.” The Commission noted there was no such inherent condition on any of the twenty-one lots and therefore could not support the request.
Summary:
Section 2.07 (A)(2) of the UDC states that when considering a variance request, 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.
Alternatives:
The City Council has the following options when considering a Variance application:
Approve as presented.
Approve with modified or additional condition(s).
Table the agenda item to a specific date with clarification of intent and purpose.
Deny as recommended by the Planning and Zoning Commission.