To: Zoning Board of Adjustment
From: Sarah Hensley, Director of Development Services
Subject:
Title
PUBLIC HEARING: Consider an application requesting multiple variances for the properties at 1925 and 1927 Spring Drive, which are under the same ownership. The properties are 1.561 and 1.75 acres, and addressed 1925 and 1927 Spring Drive, respectively, legally described as Lots 4 and 5, Cross Timbers Addition, zoned Single-Family 36,00 square-foot minimum lots (SF-36). Randklev, Jennifer Applicant/Owner. (ZBA-2606-0004)
Action Requested:
For 1925 Spring Drive, the Applicant is requesting:
1. A variance to allow for an expansion of a legal non-conforming structure currently encroaching the side setback.
Unified Development Code (UDC) Section 8.02 (A)(5) - Expansion of Nonconforming Uses and Building (e) states: “Buildings or structures which do not conform to the area regulations or development standards in this Code shall not increase their gross floor area except when such expansion brings nonconformity into conformance; and except where adaptive re-use is proposed, in which case the proposal shall be presented to both the Planning and Zoning Commission and the City Council for consideration.”
The Applicant seeks to expand an existing metal building that is currently encroaching the side setback along the south property line by approximately eleven feet.
2. To allow a proposed structure to be within 10’ of another accessory structure and encroach the side setback.
UDC Section 9.06 - Accessory Building and Use Regulations (A)(10) states “There shall be no more than two (2) detached accessory buildings per single-family lot and they must be separated by a distance of not less than ten feet (10').”
The Applicant seeks to build an approximately 540 square-foot covered structure within ten feet of the existing metal building. The proposed structure will encroach the side setback along the south property line by approximately ten feet.
For 1927 Spring Drive:
1. To allow a proposed structure to encroach the side setback.
The Applicant seeks to build an approximately 400 square-foot pergola that will encroach the side setback along the north property line by approximately nine feet.
UDC Section 8.04 - Single Family Residential - 36,000 square-foot lots (4) - Area Regulations (b) - Size of Yard states the Minimum Side Yard is “Ten percent (10%) of the lot width but not more than fifteen feet (15'); fifteen feet (15') from street right-of-way; twenty-five feet (25') from a thoroughfare right-of-way.”
Background:
The Applicant owns both 1925 and 1927 Spring Drive and hopes to build a pool and two new accessory structures. The existing and proposed setback encroachments all fall along the property line between the two lots owned by the Applicant.
Citizen Input:
On June 25, 2026, the City mailed out 14 Letters of Notification to the property owners within 200’ of the subject property for this Public Hearing.
Staff has not received any responses from the public.
Summary:
Section 8.02 (C)(6) of the UDC states that when considering a variance request, the following Zoning Board of Adjustment shall Use the following criteria:
1) That literal enforcement of the controls will create an unnecessary hardship or practical difficulty in the development of the affected property;
2) That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district;
3) That the relief sought will not injure the permitted use of adjacent conforming property; and
4) That the granting of a variance will be in harmony with the spirit and purpose of these regulations.
Authority of the Board:
Each case before the Board of Adjustment must be heard by at least seventy five percent (75%) of the Board members. The concurring vote of four (4) members of the Board is necessary to:
1) Approve as submitted.
2) Approve with modified or additional condition(s)
3) Deny