[4A. Conduct a public hearing and make a recommendation to City Council on a request by Roberto Ortiz for a Special Use Permit (SUP) to allow for an existing accessory structure having an area greater than 500 square feet on a property zoned Form-Based Rural Neighborhood (FB-RN). The property is addressed as 8906 Merritt Road. The approximately 0.52-acre site is located northwest of the intersection of Hickox and Merritt Roads, out of the Richard Copeland Survey, ABST. No. 229, in the City of Rowlett, Dallas County, Texas.]

>> WE HAVE AN ITEM FOR A CONDUCT A PUBLIC HEARING AND MAKE A RECOMMENDATION TO THE CITY COUNCIL REQUEST BY ROBERTO ORTIZ FOR A SPECIAL USE PERMIT TO ALLOW FOR AN EXISTING ACCESSORY STRUCTURE HAVING AN AREA GREATER THAN 500 SQUARE FEET ON A PROPERTY ZONED FORM-BASED RURAL NEIGHBORHOOD .

THE PROPERTY IS ADDRESSED AS 8906 EMIRATE ROAD.

APPROXIMATELY .52 ACRE SITE IS LOCATED NORTHWEST OF THE INTERSECTION OF HICKOX AND MERRITT RHODES. OUT OF THE RICHARD COPELAND SURVEY ABSTRACT NUMBER 229 IN THE CITY

OF ROWLETT DALLAS COUNTY TEXAS. >> GOOD EVENING MEMBERS OF THE

[00:05:13]

COMMISSION. STAFF. I'M HERE TO PRESENT THIS ITEM TONIGHT.

SO BACKGROUND ON THIS PROPERTY IT IS ZONED -BASED RURAL NEIGHBORHOOD. THIS LOT IS A HALF AN ACRE. IT HAS NOT BEEN PLATTED ACCORDING TO CITY RECORDS. A SEALED SURVEY PROVIDED BY THE APPLICANT DOES SHOW IN APPROXIMATELY 1170 SQUARE FOOT HOME IN A 500 SQUARE FOOT DETACHED GARAGE.

THE APPLICANT DID DEMOLISHED A DETACHED GARAGE AND CONSTRUCTED THIS 1500 SQUARE FOOT ACCESSORY STRUCTURE IN QUESTION TO DATE WITHOUT A PERMIT. PER THE FORM-BASED CODE IT IS NOT ADDRESS ANY ACCESSORY STRUCTURES. WHAT WE DO IS WE ABIDE BY THE STANDARDS OF THE ROWLETT DEVELOPMENT CODE.

WHICH ACCESSORY STRUCTURES APPLY. IN THIS CASE IN TERMS OF LOT COVERAGE WE HAVE A MAXIMUM LOT COVERAGE PERMITTED THAT SHALL BE NO GREATER THAN 35% OF THE REAR LOT. IN THIS CASE THE REAR LOT IS APPROXIMATELY 10,000 SQUARE FEET. 35% OF THAT IS 3500. FEET. WHICH ACCESSORY STRUCTURE IS 1500 SQUARE FEET AND FALLS UNDER THAT 35% MAXIMUM LOT COVERAGE.

IN TERMS OF HEIGHT THE ACCESSORY STRUCTURE SHALL NOT EXCEED THE HEIGHT OF THE PRIMARY STRUCTURE. IN THIS CASE THE HEIGHT OF THE PRIMARY STRUCTURE IS 25 FEET. THE HEIGHT OF THE ACCESSORY STRUCTURE IS 15 FEET. IT MEETS THOSE STANDARDS. AND IN TERMS OF SETBACKS THE ACCESSORY STRUCTURE LOCATED IN A REAR YARD REQUIRE A MINIMUM OF THREE FOOT . IN THIS CASE THE ACCESSORY STRUCTURE IS 52 FEET FROM THE NORTHERN REAR PROPERTY BOUNDARY AND 17 FEET FROM THE EASTERN SITE PROPERTY BOUNDARY. PER THE DEFINITION OF ACCESSORY STRUCTURES IN THE ROWLETT DEVELOPMENT CODE 77 1105 AND ACCESSORY BUILDING OR STRUCTURE IS A PERMANENT BUILDING OR STRUCTURE AFFIXED TO THE GROUND. SUBORDINATES OF THAT PRIMARY STRUCTURE. THE USE OF WHICH IS INCIDENTAL TO THE DOMINANT USE OF THE PRIMARY STRUCTURE OR THE PREMISE.

ALTHOUGH THE ACCESSORY THE PROPOSED 1500 SQUARE FOOT STRUCTURE IS LARGER THAN THE PRIMARY STRUCTURE THE PROPOSED USE IS INCIDENTAL TO THAT DOMINANT STRUCTURE AND USE. SO IN THIS CASE ADDITION TO THAT WE ALSO KNOW THAT THE STRUCTURE IS MEETING THAT 35% MAXIMUM REAR YARD REQUIREMENT THE HEIGHT AND THE SETBACK. STANDARDS. ADDITIONALLY WE KNOW THAT THE RURAL NEIGHBORHOOD DISTRICT IS INTENDED FOR A STATE HOMES FOR FARMHOUSES AGRICULTURAL BUILDINGS. SO FOR THE ABOVE-MENTIONED REASONS WE KNOW THAT ACCESSORY THIS ACCESSORY STRUCTURE IS NOT IMPOSING A SIGNIFICANT IMPACT OF THE SURROUNDING NEIGHBORHOOD

CHARACTER AND FABRIC. >> WE DID SET OUT NOTICES FAIRBURY 16TH. 200 ARE 200 NOTICES AND 500 COURTESY NOTICE WAS SENT OUT AND WE HAD ZERO OPPOSITION ZERO IN FAVOR.