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File #: 16-4909   
Type: Zoning Case
In control: Board of Adjustment
On agenda: 9/19/2016
Posting Language: A-16-154: A request by Meritage Homes of Texas, LP for a 1’5” variance from the 45 foot minimum lot width for a property zoned “R-5” Residential Single-Family to allow the lot to be 43’7” wide, located at 13027 Tulip Farm. Staff recommends Approval. (Council District 8)
Attachments: 1. Maps and Pictures
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Case Number:
A-16-154
Applicant:
Meritage Homes of Texas LP
Owner:
Meritage Homes of Texas LP
Council District:|1010|Location:
13027 Tulip Farm
Legal Description:
Lot 7, Block 43, NCB 14861
Zoning:
"R-5 MLOD" Residential Single-Family Military Lighting Overlay District
Case Manager:
Logan Sparrow, Senior Planner
Request
A request for a 1'5" variance from the 45 foot minimum lot width for a property zoned "R-5" Residential Single-Family, as described in Section 35-310.01, to allow the lot to be 43'7" wide.
Executive Summary
The subject property is located at 13027 Tulip Farm Drive at its intersection with Willow Farm Drive. The Unified Development Code establishes several standards for lot development including, but not limited to setbacks, size, frontage, and width. Generally, lot width is measured at the front setback. However, the UDC included a provision that on irregularly shaped lots the width is measured at the front wall of the structure. The width requirement for an "R-5" Residential Single-Family lot is 45 feet.
By mistake, the foundation was poured without a permit and when they identified the mistake and applied for a permit it was discovered that the lot width, measured at the front wall of the dwelling, is 43'7" wide. The property requires a 1'5" variance to permit the construction. Further, the dwelling has a proposed rear patio located 20 feet from the rear property line, which meets the setback. A literal enforcement of the ordinance would result in the structure having to be pushed deeper into the lot, placing the rear patio out of compliance with the rear setback.

Existing Zoning

Existing Use
"R-5 MLOD" Residential Single-Family Military Lighting Overlay District
Single-Family Dwelling


Surrounding Zoning/Land Use

Orientation

Existing Zoning District(s)
Existing Use
North
"R-5 MLOD" Residential Single-Family Military Lighting Overlay District
Single-Family Dwelling
South
"R-5 MLOD" Residential Single-Family Military Lighting Overlay District...

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