To: Mark R. Hafner, City Manager
From: Julie Smith, Director of Community Development
Subject:
Title
Consider a resolution approving one variance request to one lot in the Highland Terrace Mobile Home Park to decrease the minimum front yard setback to 25 feet in lieu of the required 35 feet on the property legally described as Lot 28 of the Highland Terrace Mobile Home Park, being approximately 0.15-acres, situated on the east side of Highland Drive East, zoned Single-Family 36,000 square-foot lots or greater (SF-36), and addressed as 1844 Highland Drive East. Mukesh Goyal, Applicant/Owner. (UDC-21-0012)
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Background:
Highland Terrace Mobile Home Park was originally platted in 1970 and annexed into Keller in the late 1980s. The City zoned the subdivision at the time of annexation as Single-Family 36,000 square-foot lots (SF-36).
On June 1, 2021, the City Council approved three variances for 21 lots within Highland Terrace Mobile Home Park as follows:
1. Decrease the minimum dwelling size from 2,400 square-feet to 2,000 square-feet.
2. Increase the main building lot coverage from 30% to 35%.
3. Increase the maximum lot coverage from 50% to 55%.
On December 7, 2021, in addition to approving the three variances above, the City Council also granted a different Developer an additional fourth variance to decrease the minimum setback from 35 feet to 25 feet.
On January 11, 2022, the initial Developer granted the three original variances for 21 lots also requested the same fourth variance to the front setback for his remaining 17 lots at the Planning and Zoning Commission meeting and is still moving forward in the process. Four of his 21 lots have been sold to other parties since the original three variances were granted.
Now, a third builder representing three of those four lots submitted variance applications requesting a decreased setback from the required 35 feet to 25 feet. Staff has separated out each application for each property as they are individually owned.
Variance(s) Requested:
1. Decrease the minimum front setback from 35 feet to 25 feet.
Planning and Zoning Recommendation:
On January 25, 2022, the Planning and Zoning Commission recommended to deny the item by a vote of 5-2 (Nays: Osgood, Alvarado) for lack of a requisite basis to grant such a variance. The Commission also expressed concern with the process regarding the dimensional variances (P&Z recommendation for City Council action), since these variances are typically heard by the Zoning Board of Adjustment (ZBA) and appealed to District Court.
Summary:
Section 2.07(A)(2) of the UDC lists criteria for approval of a variance, 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.
Citizen Input:
A UDC variance application does not require a public hearing. The public will have an opportunity to speak on this agenda item during “Persons to Be Heard.”
City Council Alternatives:
The City Council has the following options when considering a UDC variance request:
§ 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.
Supporting Documents:
§ Maps
§ Staff Attachment A - Application and renderings