To: Mark R. Hafner, City Manager
From: David Hawkins, Planning Manager
Subject:
Title
Consider a resolution approving a variance to the City of Keller Unified Development Code, Article 8, Zoning/Development Standards, Tree Preservation, Section 8.07, Off-Street Parking and Loading Requirements, 2130 Fawkes Lane, an approximately 0.80-acre tract of land on the south side of Fawkes Lane approximately 1570 feet east of the intersection of Fawkes Lane and North Pearson Lane, being Lot 1, Block 1, Timber Knoll Estates, and zoned SF-20 (Single-Family - 20,000 square foot minimum). Jason Paige, owner/applicant. (UDC-17-0001)
Action Requested:
Consider a variance to the front-facing garage door requirements for 2130 Fawkes Lane, a single-family home.
Background:
The home was built in 1985. The neighborhood of Timber Knoll Estates was annexed into the City of Keller on August 15, 1989 by Ordinance No. 596. A final plat for this property was approved on December 30, 2016 by staff. A building permit for an attached garage was submitted to the City on January 31, 2017 and is currently under review.
Analysis:
The applicant is proposing to build an attached front facing two (2) car garage. The proposed garage would add approximately 1,156 square feet to the existing home. A portion of this addition will also serve as a laundry room. The proposed garage would have two (2) seventy-two (72) square-foot garage doors facing the street. As shown in the plans attached in “Exhibit A,” the proposed addition will meet the setback requirements and the building exterior will match the house
Garage Doors:
Section 8.07 (C.5) states: “An attached front facing garage is permitted, in lieu of a detached garage, if located at the rear of the lot, with a minimum of forty-five feet (45’) behind the property line. The garage door(s) exposure to the street shall not exceed seventy-two square feet (72’).” The proposed structure has two (2) doors, each seventy-two (72) square feet, facing toward the street that total one-hundred forty-four (144) square feet of garage door exposure.
Variance request:
1. A variance is requested to Section 8.07 (C.5) of the UDC to allow the combined square footage of garage doors facing the street on an attached garage to exceed seventy-two (72) square-feet, up to one hundred forty-four (144) square feet.
Existing Roadway Access:
Fawkes Lane
Surrounding Zoning & Land Uses:
North, East, and West: Single-Family Homes, zoned SF-20 (Single-Family - 20,000 square foot minimum)
South: Single-Family Homes, zoned SF-36 (Single-Family - 36,000 square foot minimum)
Variances Requested:
The applicant is requesting one (1) variance to the UDC with this application:
1. A variance is requested to Section 8.07 (C.5) of the UDC to allow the combined square footage of garage doors facing the street on an attached garage to exceed seventy-two (72) square-feet, up to one hundred forty-four (144) square feet.
Summary:
UDC variances require consideration by the Planning and Zoning Commission and City Council. The applicant is requesting one (1) variance to be considered. If this UDC variance request was to be approved by the City, then the applicant would be allowed to move forward with the building permit for the proposed attached garage.
Section 2.07(A.2) of the UDC, lists criteria for approval of a variance. Staff’s comments are added in bold italics.
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.
The house is closer to the east property line. The proposed addition shows the side of the building at the fifteen foot (15’) side yard setback. If the bays were rotated to face east the setback would be increased to twenty feet (20’). The UDC requires the additional setback for garage doors.
The west side of the property contains a twenty foot (20’) drainage and utility easement. According to the drainage plans water flows through this property into a storm water inlet to be discharged in a pond located to the south in Windsor Forest Estates. If the addition was located on the west side of the house a more detailed study would be needed to ensure that the addition and driveway would not interfere with drainage.
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.
This request should have no impact on other properties in the area. The building permit has included a grading plan and must show there is no adverse impact on neighboring property.
Ten (10) homes along Fawkes Lane have front facing garage doors. Of these garages, six (6) are detached garages, four (4) are attached garages.
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.
The area surrounding the subject property is already developed. This will not impact the orderly subdivision of the land.
d. That the granting of the variance will not constitute a violation of any other valid ordinance of the City of Keller.
The proposed addition 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.
The intent of the code is for aesthetic reasons. This garage will match the home and the doors are setback over one-hundred feet (100’) from the property line. This setback reduces the prominence of the garage doors, though the garage will still be visible. The subject property is also heavily wooded in the front yard. Staff believes the intent of the code is met by the alternative proposal requested by the applicant.
Citizen Input:
A UDC variance application does not require a public hearing, so no public hearing notifications were sent out to the surrounding property owners for this request. There has been no response from the public to this application. The public will have an opportunity to speak on this agenda item at the “Persons To Be Heard”.
Professional Opinion:
Staff’s professional opinion is that this application should be approved. The unique design of the house presents limited options to locate an expansion. While no study has been provided in regards to locating the addition on the west side, the City would be equally sensitive to any impact on the drainage services by the easement and inlet. The setback from the street and trees in the front yard will help screen the doors from view.
Staff forwards this UDC variance request for City Council consideration with the following condition:
1. The variance request for the total garage door exposure facing the street to exceed seventy-two (72) square feet, up to one hundred forty four (144) square feet, as shown with the attached “Exhibit A” is to be considered.
Board Review:
The Planning and Zoning Commission considered this request on Monday, February 27, 2017 and provided a recommendation to approve the application with a vote of 7 to 0 with the following condition:
1. The variance for the total attached garage door exposure facing the street to exceed seventy-two (72) square feet, up to one hundred forty four (144) square feet, as shown with the attached “Exhibit A” shall be allowed.
City Council Action:
City Council has the following options when considering a UDC variance request:
• Approve as submitted (with requested variance)
• Approve with modified or additional condition(s)
• Tabling the agenda item to a specific date with clarification of intent and purpose
• Deny