To: Mark R. Hafner, City Manager
From: Amber Washington, Planner I
Subject:
Title
PUBLIC HEARING: Consider a resolution approving a Final Plat with variances for Lots 1R and 2, Block A, Hinds Addition, being a replat of Lot 1, Block A, Hinds Addition, located on 5.62 acres, at the intersection of Village Trail and Sarah Brooks Drive, addressed as 1241 Village Trail and zoned Single Family Residential - 36,000-square-foot minimum (SF-36). Douglas Hinds, Owner/Applicant. (P-22-0021)
Background:
The Applicant proposes a two-lot subdivision from a previously platted 5.62-acre lot addressed as 1241 Village Trail. He requests two Unified Development Code variances on Lot 2 to better conform to the existing access drive and location of adjacent homes in order to form a cohesive streetscape.
Lot Size and Dimension: EXCEED
Each lot exceeds the minimum lot dimensions and square-footage of the SF-36 zoning district. Lot 1R is 4.62 acres and Lot 2 is 1 acre.
Although Lot 2 is less than 140’ wide at certain points, Section 5.13(C) states that the front and rear build lines may be averaged for irregular-shaped lots. In this case, the average width is 142.94.’
Drainage & Utilities: MEET
The Applicant has provided preliminary drainage studies for Lots 1R and 2, which have been preliminarily reviewed by the Public Works Department.
Setbacks: VARIANCE REQUESTED
Though the SF-36 zoning district has a front-yard setback requirement of 35’ from the street, Section 5.13(B) of the Keller UDC does not permit siting a front-yard setback any closer than where the width of the lot meets the minimum lot width required by the zoning district (in this case, 140’). Because of the irregular shape of this particular lot, the width does not reach 140’ wide until approximately 190’ from the front property line.
The Applicant requests a variance to Section 5.13(B) for the front building setback on Lot 2 to be approximately 60’ from the front (south) property line to approximate the setback of other structures in the area. The Applicant states this is to form a more cohesive look with the existing homes along Village Trail.
Existing Access Easement: VARIANCE REQUESTED
The Applicant requests a variance to Section 5.13(B) of the Keller UDC, which states that the minimum width of access easements for all platted/replatted lots shall be 60’.
The existing easement is 30’, indicated as recently as 2017 on the Hinds Addition Plat and as long ago as the 1985 plat for the Raymond Ellis Addition (addressed as 1243 Village Trail).
Historically, the easement served for more than 50 years as a driveway to the former home at 1241 Village Trail (demolished in 2016).
Surrounding Land Uses & Zoning:
North: SF-36
South: SF-36 - Westwind Church
East: SF-12
West: SF-25
Citizen Input:
On October 27, 2022, the City mailed out 42 letters of notification for this public hearing to all property owners within three-hundred feet (300’) of the subject site.
As of today, Staff has received one letter in support of the variances requested and three letters of opposition. The opposition letters come from the three homes immediately to the west of proposed Lot 1. The concern is that a home will be located behind their backyards. The neighbors would prefer the home be located to the north and east, out of the area immediately adjacent to them.
Summary of Variances Requested:
1. A request for a variance to UDC Section 5.13(B) to permit the front building setback on Lot 2 to be approximately 60’ from the front (south) property line in lieu of approximately 190’ where the lot is 140’ wide.
2. A request for a variance to UDC Section 5.13(B) to permit the existing access easement to remain 30’ in lieu of the UDC requirement of 60’.
Summary:
Section 2.07(A)(2) of the UDC lists the following criteria for the City Council when considering a Final Plat with variances:
a. That there are special circumstances or conditions affecting the land involved such that the strict application of the provision.
b. That the granting of the variances 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 variances 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 variances 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.
City Council Alternatives:
The City Council has the following options when considering a Replat application with variances:
- Approve as submitted.
- Approve with modified or additional condition(s).
- Denial