TOWN STAFF REPORT RECOMMENDATIONS
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Hold a public hearing, discuss, consider and act on a request for a variance to allow for sports courts to be placed within an easement under the Unified Development Code, located at 1514 Meandering Way, legally described as Lot 12, Block 3, The Estates of Quail Hollow, Town of Westlake, Tarrant County, Texas, zoned as R-1, estate residential district (ZBA Case No. 2025-02)
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STAFF: Christopher Pham, Town Planner
BACKGROUND:
The Unified Development Code (the “UDC”) was adopted --- among other purposes --- “[t]o protect, promote, improve and provide for the public health, safety, and general welfare of the citizens of the town” and “[t]o ensure the safe, orderly and efficient development and expansion of the town in accordance with and pursuant to its Comprehensive Plan, Thoroughfare Plan, and Open Space Plan”. Accordingly, the UDC establishes development standards for residential, non-residential, and government zoning districts. These development standards regulate the use of land, parking, building setbacks, building height, et cetera.
This is a request for a variance --- to allow for the placement of two sports courts and an outdoor living area in an existing 20 feet utility easement located in the rear and side yard of the property. Per Sec. 82-36 of the Unified Development Code, “no buildings, fences, trees, shrubs or other improvements or growths shall be constructed, reconstructed or placed upon, over or across the easements as shown”. As presented, the property owner is requesting to encroach within the utility easement, specifically where the sewer line runs under the proposed locations of their tennis court, pickleball court, and outdoor storage of pool equipment and air conditioning units. As provided in the application, the determination of the locations of the courts was necessitated due to a “dramatic 30-foot elevation drop”, the location of a pond at the rear of the lot, and the desire to maintain continuity with the neighborhood aesthetic.
As this property is zoned R-1, estate residential district, and not PD, planned development district, a request to encroach within an easement may not be reviewed and considered by the Town Planner; it requires review, consideration, and action from the Zoning Board of Adjustment.
In making a determination on the variance request, the Zoning Board of Adjustment must find --- as set forth in Sec. 26-68 (d)(1)-(11) of the UDC:
(1) Such variance will not substantially or permanently injure the appropriate use of adjacent property in the same district;
(2) Such variance will not adversely affect the health, safety or general welfare of the public;
(3) Such variance will not be contrary to the public interest;
(4) Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located, except as provided in subsection (c) of this section;
(5) Such variance will be in harmony with the spirit and purpose of the UDC;
(6) Such variance will not alter the essential character of the district in which is located the property for which the variance is sought;
(7) Such variance will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located;
(8) Due to special conditions, a literal enforcement of the UDC would result in unnecessary hardship;
(9) The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including, but not limited to, the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located;
(10) The variance or exception is not a self-created hardship; and
(11) The variance is clearly identified as a variance to the town’s standards on the concept plan, site plan or text of chapter 102.
DISCUSSION:
The determination made by the Board of Zoning Adjustment must be consistent with the findings --- the parameters --- established by Sec. 26-68 (d)(1)-(11) of the UDC.
It should be noted that the topography of the site and the easements on the site may impact the location of the home and its attachments.
It should be noted, too, that the Architectural Review Board for Quail Hollow has not made a recommendation on whether the requested variance should be granted. However, the Quail Hollow Architectural Review Board (“ARB”) has provided a letter of their approval to proceed with construction for the initial permit submittal, stating: “[t]he Quail Hollow Architectural has reviewed the final submitted plans and documents for this proposed residence,” and “the ARB grants approval to proceed with the construction of this residence as documented.”
DEPARTMENT OF PLANNING AND DEVELOPMENT RECOMMENDATION:
The Department of Planning and Development recommends a reduction in the width of the existing easement, rather than allow for an easement encroachment. A reduction in width of the easement from 20 feet to 15 feet will positively reduce the overall impact --- and presence --- of the easement on the site’s buildability. Any modifications to the easement will need to be recorded through Tarrant County through a separate instrument or an amending plat procedure.
However, even with a reduction in easement width, there is no guarantee that the proposed structures may no longer be encroaching into an easement in their proposed locations. As such, it is also recommended that no portion of the building and sports courts be allowed to encroach into the easement and that reductions in the minimum side yard and rear yard setbacks of up to five (5) feet be granted.
ZONING BOARD OF ADJUSTMENT ACTION / OPTIONS:
1) Motion to approve;
2) Motion to approve with additional conditions (please state additional conditions in motion);
3) Motion to deny; OR
4) Motion to table (must table to a specific date).
ATTACHMENT(S):
1) Application
2) Exhibit “A” - 1514 Meandering Way Drive Site Plan
3) Exhibit “B” - Quail Hollow Architectural Review Board Letter
4) Exhibit “C” - Property Owner Variance Request (Justification)