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Planning & Zoning Commission October 19, 2006 Proposed Ordinance 480-OOO. Robert Gray 1275 Shady Oaks Drive Southlake, Texas. Summary of Objections. Reduction of the total accessory building square footage on RE zoning Removal of Special Exception Use (SEU) approvals

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robert gray 1275 shady oaks drive southlake texas

Planning & Zoning CommissionOctober 19, 2006

Proposed Ordinance 480-OOO

Robert Gray

1275 Shady Oaks Drive

Southlake, Texas

summary of objections
Summary of Objections
  • Reduction of the total accessory building square footage on RE zoning
  • Removal of Special Exception Use (SEU) approvals
  • Increased setback requirements
  • Exterior material requirement
  • Limitations on “pod” storage containers
allowable accessory building size
Allowable Accessory Building Size
  • Existing limit for RE
    • 5% of lot size
    • Equates to 10,890 sq. ft. for 5 acres
  • Proposes limit for RE
    • 1500 sq. ft., regardless of acreage
  • For a 5-acre lot, this represents an 86% reduction.
  • Limits are the total of all buildings, such as:
allowable accessory building size4
Allowable Accessory Building Size
  • Existing buildings would be “grandfathered” as non-conforming structures
  • BUT
  • A destroyed or damaged (50% +) building over the limit could not be repaired nor replaced without a variance.
how much do landowners need
How Much Do Landowners “Need”
  • Common misperceptions:
    • Accessory buildings are a necessary evil.
    • The total size must be strictly limited.
    • City government is able to determine how much is “needed”.
do you need this house
Do You “Need” This House?
  • 8500+ square feet
  • 7 bedrooms
  • 7 full baths & 2 half baths
  • 4 living areas, 2 dining areas
  • 3 fireplaces, library/study, exercise room
  • Wet bar, dry bar, multiple staircases
  • 5-car garage
do you need this house7
Do You “Need” This House?
  • Of course not.
  • Residents don’t “need” this house, they “want” this house
    • Lifestyle preferences
    • Personal goals
    • Levels 4 & 5 on Maslow hierarchy
southlake is a diversified city
Southlake Is A Diversified City
  • People have different wants
  • Some prefer smaller homes to have land
  • Owning land provides new options, but also means new obligations
  • Zoning regulations must accommodate this diversity.
  • The owner is the best judge of what is “needed”.
  • City government is not a homeowners association.
removal of special exception use
Removal of Special Exception Use
  • What problem is being solved by this?
  • At present, zonings AG, RE, SF1-A/B, SF-30 and SF-20A/B all have both SEU and SUP
  • Why is RE being singled out?
  • Americans are wary of concentrations of power.
  • Our government is fundamentally based on the principle of “checks and balances”.
current building setbacks accessory buildings
Current Building Setbacks – Accessory Buildings
  • Permanent foundation - 10 feet
  • No permanent foundation - 5 feet
proposed setback change
Proposed Setback Change
  • ANY building over the limit would have to conform to setback limits of primary residence.
  • This change applies to EVERY home in Southlake, not just acreage.
  • Buildings used for animals (i.e. barns) already require 25’ setback.
exterior materials
Exterior Materials
  • If the building is over the permitted limit, “…a minimum of 50% of each (wall) … shall be either of masonry…or similar material as the principal structure…”
  • This change applies to EVERY home in Southlake, not just acreage.
  • Most barns run 2000+ sq. ft.
  • Any building that exceeds the limit, regardless of size, would be affected, leading us to brick tool sheds and play houses.
exterior materials15
Exterior Materials
  • Brick is not the best material
    • Not waterproof
    • Requires concrete slab or sill
    • Increases construction costs
      • 55% increase in material cost for 2000 sq. ft. metal building with one-half of external walls “faux-brick”
    • Does not flex
    • Difficult and expensive to repair
exterior materials16
Exterior Materials
  • The proposal will
    • Increase construction costs
    • Increase property taxes
    • Significantly complicate repair
    • Reduce functionality
  • Bottom line: the owner pays to benefit others.
proposed portable storage ordinance
Proposed Portable Storage Ordinance
  • Must have permit
  • No more than 2 permits per year
  • Permit limited to 7 days
  • Limited to one container no larger than 8x10x20
  • Must be placed on driveway at rear
  • Cannot be placed on non-paved surface
  • Why do we need this?
zoning regulations section 1
Zoning Regulations, Section 1
  • Purpose:
    • Promote health, safety, morals and general welfare
  • Designed to:
    • Lessen congestion
    • Secure safety from fire, panic, etc.
    • Provide adequate light & air
    • Prevent overcrowding of land
    • Avoid undue concentration of population
    • Provide for transportation, utilities, and public services
  • Considerations
    • Character of each district
    • Suitability for particular uses
    • Conserving the value of buildings
    • Encouraging the most appropriate use of land.
  • Reduces property values.
  • More difficult to re-sell as acreage.
  • Increased incentive for sale for sub-division.
  • Encourages keeping old buildings as long as possible, rather than repair or replace.
  • Will result in more outside storage of agricultural equipment and other material.
  • Divisive. Increases distrust between community groups.
why this proposal
Why This Proposal?
  • What problem is being solved?
  • Who benefits?
  • Who is adversely affected?
  • Zoning changes break an implied contract, and must be done carefully to minimize negative consequences.
  • Changes of this magnitude require significant community input.
presentation material
Presentation Material
maslow s hierarchy
Maslow’s Hierarchy

5. Actualization4. Status (esteem)3. Love/belonging2. Safety1. Physiological (biological needs)