To: Mark Hafner, City Manager
From: Trish Sinel, Senior Planner
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for a 600 square-foot carport situated on a .67-acre tract of land, located on the north side of Lazy Lane, approximately 425 feet northeast from the intersection of Lazy Lane and N Pearson Lane, legally described as Lot 22, Block 3 Hickory Hollow Estates, zoned Single Family - 20,000 square-foot lot (SF-20), located at 2009 Lazy Lane. Marc Clemons, Owner/Applicant. (SUP-21-0015)
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Request:
The Applicant is requesting a Specific Use Permit (SUP) to allow the use of a carport.
Why Action is Required:
Section 4.03(D) of the UDC states SUPs may be approved by City Council after a recommendation by the Planning and Zoning Commission (Commission) for specific uses with certain conditions and development restrictions in order to be considered compatible in a district in which they are not allowed by right.
A carport requires an SUP in all residential zoning districts.
Background:
• Staff received a complaint on February 22, 2021, that a carport had been built. Upon investigation, Staff found there was no Building Permit or SUP obtained prior to the construction of the carport.
• Staff sent a courtesy notice to the property Applicant on February 25, 2021, informing the Applicant of the violations. Staff informed the Applicant of the correct procedure to apply for a permit for his carport. Because the applicant failed to submit the requisite applications, Staff sent a violation letter on March 23, 2021.
• The Applicant submitted his SUP Application on April 19, 2021.
• Staff worked with the Applicant over the next six weeks to insure the Applicant submitted the correct documentation to complete the application. Once the correct documentation was gathered, the Applicant scheduled an inspection with Staff on May 18, 2021. Staff confirmed the plans submitted for the SUP matched the structure that was built.
• The primary use of the 600 square-foot carport is to cover the Applicant’s boat.
Building Size:
The Applicant has built a 600 square-foot carport.
Building Location:
UDC Section 8.06 (A)(f) states that all detached carports shall be located in the rear of the property. The location of the carport is in compliance with the UDC.
Building Exterior:
The UDC Section 8.06 (A)(f) states that columns and roof structure must be compatible both in design and materials with the main structure.
The building is 100% metal so the columns/roof structure are not compatible with the same materials as the existing structure (100% brick with composite shingles).
The structure does not meet design and materials requirements.
Building Height:
UDC Section 8.10 (A)(9) states the maximum height of the building shall not exceed an average of 15 feet unless approved by a SUP. The structure has an average height of 13’ 6” feet.
The structure meets height requirements.
Zoning Regulations:
The lot setbacks are determined by SF-36 zoning district standards in UDC Section 8.03 (C)(4). The minimum front-yard building setback is 60 feet for a SF-36 lot on a thoroughfare. The side-yard setback is to be ten percent of the lot width but no more than 15 feet. The minimum rear-yard setback is 15 feet. The structure is proposed to be 18 feet away from the east (side-yard setback) property line.
The structure meets all the setback requirements.
Lot Coverage:
The lot size is 29,410 square-feet. The total lot coverage is 4,928 square-feet. The total lot coverage would be 16.75% (all accessory buildings, driveways, and the main building) which complies with the current zoning district’s 50% lot coverage maximum.
The structure meets lot coverage requirements.
Citizen Input:
On July 2, 2021, 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 also posted on the site on July 2, 2021.
The notice for the City Council public hearing was published in the July 18, 2021 edition of the Fort Worth Star-Telegram.
As of today, Staff has received six letters of opposition. All six letters are from property owners within the 200’ buffer accounting for 49.84% of the land in opposition. Consequently, a supermajority will be required at City Council as of July 8, 2021.
Planning and Zoning Recommendation:
On July 13, 2021, the Planning and Zoning Commission held a public hearing and unanimously recommended denial of the item citing the lack of conformity and aesthetics of the carport as built, in comparison with the neighborhood and opposition of the neighborhood. No one spoke in favor and two people spoke in opposition. The applicant was present and also spoke.
On July 23, 2021, the Applicant submitted a written request to defer his application until the August 17, 2021 City Council meeting.
Summary:
Section 8.02 (F.2.a) 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.
Alternatives:
The City Council has the following options when considering an SUP application:
§ Approve.
§ 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
Supporting Documents:
§ Aerial and Zoning Maps
§ Staff Attachment A- Application
§ Staff Attachment B- Opposition Letters
§ Staff Attachment C- Opposition Map
§ Staff Attachment D- Pictures