M E M O R A N D U M. Meeting Date: April 5, Item No. H-2. Mark Hafner, City Manager. To: David Hawkins, Planning Manager.

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1 M E M O R A N D U M Meeting Date: April 5, 2016 Item No. H-2 To: From: Subject: Mark Hafner, City Manager David Hawkins, Planning Manager Consider a resolution approving variances to the City of Keller s Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.07, Off-Street Parking and Loading Requirements, to allow a front-facing garage to be less than the required forty-five feet (45 ) from the front property line, to allow garage door exposure to street to exceed seventy-two (72) square feet, and a special exception to Section 8.06 Building Design and Development Standards, to allow cedar shake siding to be used on the building exterior, located on a 0.33 acre lot, on the north side of Windy Oaks Drive, being Lot 3, Block F, Ravenwood Addition, at 1531 Windy Oaks Drive, and zoned SF-20 (Single Family Residential-20,000 square foot minimum). Kelley Laing, owner, Boomer Group Inc. and Laing Fine Homes, applicants. (UDC ) Action Requested: Consider a resolution approving a variance to the City of Keller s Unified Development Code (UDC), Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.07, Off-Street Parking and Loading Requirements to allow a front-facing garage to be less than the required forty-five feet (45 ) from the front property line, to allow garage door exposure to street to exceed seventy-two (72) square feet, and a special exception to Section 8.06 Building Design and Development Standards to allow cedar shake siding to be used on the building exterior. Page 1 of 9

2 Property Description: Owner: Applicants: Located on a 0.33 acre lot, on the north side of Windy Oaks Drive, Being Lot 3, Block F, Ravenwood Addition, at 1531 Windy Oaks Drive. Kelley Laing Boomer Group Inc and Laing Fine Homes Current Zoning: SF-20 (Single Family Residential-20,000 square foot minimum). Background: Analysis: The zoning for the Ravenwood subdivision was established as part of the citywide rezoning effort in The plat for 1531 Windy Oaks Drive was approved by the Planning and Zoning Commission in The city has no records of a home being located on the subject property. A building permit was submitted to the city on January 19, 2016 and was reviewed and denied. The purpose of this UDC application is to request the approval of variances to the Off-Street Parking and Loading Requirements and an exception to the Building Design and Development Standards for a proposed single-family home. The July 2015 UDC Update included an amendment to Section 8.06 Building Design and Development Standards to provide for City Council consideration of exceptions to the construction requirements. Previously, the Zoning Board of Adjustment (ZBA) considered special exception requests to the building design and construction requirements for singlefamily residences. The subject property was platted as a legal lot of record and is 14,808 square feet in area, which does not meet the minimum square footage of the SF-20 zoning district. The lot also contains a fifteen-foot (15 ) drainage easement on its western portion which serves the larger Ravenwood subdivision. The eastern side of the property contains a fifteen-foot (15 ) utility easement. The property does not have access to City sewer and must include an on-site sewage facility with any home built. The nearest sewer line is approximately three hundred feet (300 ) to the west of this property. Due to the topography change within the 300-foot distance, a grinder pump or other positive pressure apparatus would be required to connect to the sewer line. Attached Garage: Section 8.07 (C.5) permits an attached front-facing garage if located at the rear of the lot, with a minimum of forty-five feet (45 ) from the property line. The maximum allowed garage door(s) exposure shall not exceed seventy-two (72) square feet. Page 2 of 9

3 Variance Request: The applicant is proposing a front-facing garage located in the front of the lot approximately thirty-six point five feet (36.5 ) from the front property line. This would place the front of the garage eight point five feet (8.5 ) short of the required distance from the front property line. Variance Request: The applicant is also requesting a variance to allow the combined area of the attached frontfacing garage doors to be one hundred and twelve (112) square feet, which exceeds the seventy-two (72) square feet maximum allowed. Building Exterior: UDC Section 8.06 (A.1) details the exterior construction requirements of residential homes. The UDC requires the exteriors of all residential buildings in single-family zoning districts to be of exterior fire resistant construction having at least eighty percent (80%) of the total exterior walls above the grade level and below the first floor plate line to consist of brick, stone, stucco, or material of equal characteristics as approved by the city. UDC Section 8.06 (A.1.g) allows for exceptions to the construction requirements (including exterior wall siding) to be considered by City Council if based on the following: 1. Architectural design and creativity. 2. Compatibility with surrounding developed properties. 3. Architectural variances may be considered for, but not limited to, Queen Anne, Victorian, English Tudor, Italian Villa, or Log designs. Special Exception Request: The applicant is requesting an exception to the UDC to construct a cottage style home using cedar shake siding with a stone veneer base. The stone veneer base will wrap around the building and be used to cover the chimney and other accents. In the front elevation, the percentage of stone used will be approximately fifty percent (50%) of the facade. Elevations of the building are included under Exhibit A. Building Standards: The applicant intends to meet the UDC requirements for residential building height, building area, setbacks, and lot coverage at time of Building Permit application. Page 3 of 9

4 Surrounding Land & Zoning Uses: Requested Variances & Exception: Ravenwood Subdivision on all sides, zoned SF-20 and Wellsgate Terrace Subdivision to the north, zoned SF-36 The applicant is requesting two (2) variances to the UDC and one (1) special exception to the UDC: 1. To allow the front-facing garage to be located less than forty-five feet (45 ) from the front property line. 2. To allow the attached front-facing garage door to exceed the maximum allowed seventy-two (72) square-foot exposure to the street. 3. To allow a special exception to the construction requirements for the use of a Cottage Style residential architectural design with cedar shake siding as presented in the attached Exhibit A. UDC Variance Summary: The applicant has met the requirements of the UDC variance application. UDC Section 2.07 states that no variance shall be granted unless the Planning and Zoning Commission and City Council finds: 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 lot contains a fifteen-foot (15 ) drainage easement on the west side of the lot and a fifteen-foot (15 ) utility easement on the east side of the lot. The SF-20 zoning sets the minimum side yard at ten percent (10%) of the lot width. If the easements were not present, the minimum side yards would be ten feet (10 ) in width. There is no direct access to city sewer, so the lot will be served by an on-site septic system. The applicant has obtained the required documentation from the Tarrant County Environmental Health Department for the septic system. The buildable area for a single-family home is severely reduced due to the easements and area required by the on-site septic system. 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. Page 4 of 9

5 Staff does not believe that granting this UDC Variance would affect the health, safety, or welfare of neighboring properties. 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 lot is platted and staff does not believe that granting this request would have any effect on the orderly subdivision of other lands in the area. d. That the granting of the variance will not constitute a violation of any other valid ordinance of the City of Keller. Granting of this variance would not violate any other 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. There are two (2) variances being requested with this application: 1. To allow the front-facing garage to be located less than forty-five feet (45 ) from the front property line. To allow room for the on-site septic system and not encroach into the easements, the area available to build a single-family residence is limited. Moving the house back would place the building pad in one of the septic sprinkle fields. The adjacent properties to the south and west have both received reduced setback variances from the Zoning Board of Adjustment (ZBA) prior to expansion or construction of single-family homes on those properties. Due to the presence of the existing easements, side yard encroachment is not an option. There are overhead utilities currently running through the property within the existing utility easement. The utility easement may also be used to serve the undeveloped Wellsgate Terrace subdivision to the north. 2. To allow the attached front-facing garage door to exceed the maximum allowed seventy-two (72) square-foot exposure to the street. The proposed total area of garage door exposure is one hundred twelve (112) square feet. There are two (2) front Page 5 of 9

6 facing garage doors measuring eight feet (8 ) by seven feet (7 ). J-swing garages are not permitted in the SF-20 zoning district. Exception Summary: UDC Section 8.06 Building Design and Development Standards (A.1.g) state that exception to the construction requirements may be considered by City Council. Staff has provided the following responses to the review criteria. Exceptions to the construction standards may be considered based on the following: 1. Architectural design and creativity. The applicant is requesting to use shake siding to keep with the Cottage Style look. The common features of a cottage style home may include, but are not limited to, the following: 1. Steep roof pitches 2. Arched doors 3. Use of casement windows (hinged on the side) 4. Use of brick, stucco, or natural shake siding. 5. Cozy, irregularly-shaped rooms 6. Asymmetrical The elevations provided use several of the listed architectural features. 2. Compatibility with surrounding developed properties. The single-family structures adjacent to the subject property have a variety of different siding. To the west, a mix of treated wood and fiber cement siding is used. The home across the street to the south uses petrified wood, a form of fossilized masonry material. The property to the east contains a mobile home with vinyl siding. 3. Architectural variances may be considered for, but not limited to, Queen Anne, Victorian, English Tudor, Italian Villa, or Log designs. The elevations provided by the applicant uses several architectural features common with the Cottage Style home. A mix of the stone veneer base and shake siding is compatible with this particular style. 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 Page 6 of 9

7 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. Legal Review: Budget Impact: Financial Considerations: Supporting Documents: Board Review: None None None Supporting documents include: Minutes of the March 14, 2016 Planning and Zoning Commission Draft Resolution Exhibit A o Applicant s Narrative Letter o Proposed House Plans o Architectural Renderings of Proposed House o Septic Site Evaluation Staff Attachments o Final Plat (Lot 3, Block F, Ravenwood Addition) o Wellsgate Terrace Final Plat o Exhibits of Cottage Style Residential Architecture Maps o Zoning Map (Dated March, 2016) o Aerial View (Dated March, 2016) The Planning and Zoning Commission discussed this item at their regular meeting March 14, They recommended APPROVAL with a vote of 6-0 with the following conditions: 1. The variance request to allow the front-facing garage to be located less than forty-five feet (45 ) from the front property line shall be allowed. 2. The variance request to allow the attached front-facing garage door to exceed the maximum allowed seventy-two (72) square-foot exposure to the street shall be allowed. 3. The request to allow a special exception to the construction requirements for the use of a Cottage Style residential architectural design with cedar shake siding as presented in the attached Exhibit A shall be allowed. Staff Recommendation: Staff feels that the unique conditions of the existing easements and lot dimensions present a challenge to provide a side-entry Page 7 of 9

8 or rear-entry two-car garage as required by the UDC. The requirement of an on-site septic system further limits the available space for a single-family residence. The alternative proposal presented by the applicant would allow the construction of a single-family home to respect the existing easements and septic system requirements. Staff is also in support of the use of the Cottage Style design of the home. The elevations provided utilize several characteristics recognized by the Cottage Style architectural design. There are also two adjacent properties which share unique siding options. Staff is recommending approval of the UDC variances and special exception request and forwards this application to City Council with the following conditions: 1. The variance request to allow the front-facing garage to be located less than forty-five feet (45 ) from the front property line shall be allowed. 2. The variance request to allow the attached front-facing garage door to exceed the maximum allowed seventy-two (72) square-foot exposure to the street shall be allowed. 3. The request to allow a special exception to the construction requirements for the use of a Cottage Style residential architectural design with cedar shake siding as presented in the attached Exhibit A shall be allowed. City Council Action: The City Council has the following options when considering a UDC variance application with special exception: Approve as submitted (with variances and special exception) Approve with modifications or additional condition(s) Tabling the agenda item to a specific date with clarification of intent and purpose Deny Page 8 of 9

9 Minutes of the Planning and Zoning Commission March 14, Consider a recommendation for a variance to the City of Keller s Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.07, Off-Street Parking and Loading Requirements and Section 8.06 Building Design and Development Standards, to allow a front-facing garage to be less than the required forty-five feet (45 ) from the front property line, to allow garage door exposure to street to exceed seventy-two (72) square feet and to allow shake siding to be used on the building exterior, located on a 0.33 acre lot, on the north side of Windy Oaks Drive, being Lot 3, Block F, Ravenwood Addition, at 1531 Windy Oaks Drive, and zoned SF-20 (Single Family Residential-20,000 square foot minimum). Kelley Laing, owner, Boomer Group Inc. and Laing Fine Homes, applicants. (UDC ) Daniel Turner, Planner I, came forward to give staff's presentation and recommendation. The applicant and owner, Bruce Lane, was present to answer questions. No additional discussion was held on this agenda item. Commissioner Reid motioned to approve Item F-3 with the following conditions: 1. The variance request to allow the front-facing garage to be located less than forty-five feet (45 ) from the front property line shall be allowed. 2. The variance request to allow the attached front-facing garage door to exceed the maximum allowed seventy-two (72) square-foot exposure to the street shall be allowed. 3. The request to allow a special exception to the construction requirements for the use of a Cottage Style residential architectural design with cedar shake siding as presented in the attached Exhibit A shall be allowed. Commissioner Stansell seconded and the motion carried (6 0). Page 9 of 9