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2015-06-25CITY OF SOUTHLAKE TEXAS ZONING BOARD OF ADJUSTMENT MEETING: June 25, 2015 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers of Town Hall Regular Session: Members Present: Vice Chair Bradford Cunningham, Board members Mike Smietana, Eric Ransom, and Kourosh Panahy. Members Absent: Board member Scott Dyche. Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard Schell, Principal Planner and Erica Wilson, Board Secretary Agenda Item No. 1 — Call to Order: Vice Chair Bradford Cunningham called the meeting to order at 6:31 p.m. Agenda Item No. 2 — Approval of the Minutes: Vice Chair Bradford Cunningham opened the discussion of the minutes of the Zoning Board of Adjustment meeting held on May 28, 2015. A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on May 28, 2015. Motion: Smietana Second: Panahy Ayes: Ransom, Smietana, Panahy, and Cunningham Nays: None Abstain: None Vote: 4-0-0 Motion: Carried Agenda Item No. 3 — Administrative Comments: Richard Schell, Principal Planner, announced that the next meeting will be held on August 13th 2015. Agenda Item No. 4 — ZBA-672, Variance to Ordinance No. 480, Section 11.5(b), requiring a front yard setback of 40' and a Special Exception Use per Ord. No. 480, Section 44.12(2) for an accessory structure of a size or aggregate size greater than the size permitted on property described as Lot 1, Block 2, Brewer Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 2903 Florence Rd., Southlake, Texas. Current Zoning: "SF -1 B" — Single Family Residential District. The applicant has requested this to be tabled indefinitely. Vice Chair Cunningham stated that he was prepared to entertain a motion on the request. Zoning Board of Adjustment Meeting Minutes - June 25, 2015 Page 1 of 5 A motion was made to table case ZBA-672. Motion: Smietana Second: Panahy Ayes: Ransom, Smietana, Panahy, and Cunningham Nays: None Abstain: None Vote: 4-0 Motion: Carried Agenda Item No. 5- ZBA-689, Variance to Ordinance No. 480, Section 14.5(d), requiring a rear yard setback of forty (40) feet on property described as Lot 7, Block 1, Ridgewood II, an addition to the City of Southlake, Tarrant County, Texas and located at 2803 Yorkshire Lane, Southlake, Texas. Current Zoning: "SF -20A" — Single Family Residential District. Planner Schell then presented details of the request for approval of a Variance to Ordinance No. 480, Section 14.5(d), requiring a rear yard setback of 40', to allow an attached covered porch to be constructed approximately 25' from the rear property line. Vice Chair Cunningham opened the public hearing and called upon the applicant or the applicant's representative to make such comments and present evidence as the applicant should desire. Brian and Mary Ochranek, 2803 Yorkshire Ln, Southlake, TX the applicants and owners, once sworn in, presented their reasons for the request and were available to answer questions of the Board. Vice Chair Cunningham asked if there were those in the audience who wished to speak in support of the request. There being no one, Vice Chair Cunningham asked if there were those in the audience who wished to speak in opposition of the request. There being no one, Vice Chair Cunningham closed the public hearing and opened the item for discussion. After discussion from the board, Vice Chair Cunningham stated that he was prepared to entertain a motion on the request. A motion was made to approve case ZBA-689. Motion: Panahy Second: Ransom Ayes: Ransom, Smietana, Panahy, and Cunningham. Nays: None Abstain: None Vote: 4-0 Motion: Carried Zoning Board of Adjustment Meeting Minutes — June 25, 2015 Page 2 of 5 Agenda Item No. 6- ZBA-690, Variance to Ordinance No. 480, Section 34.2(a) requiring accessory buildings on a permanent foundation to be erected no closer than 10' to a property line in the rear yard, Variance to Ordinance No. 480, Section 34.2(f) requiring that no accessory building be located forward of the principal building on the lot, Variance to Ordinance No. 480, Section 29.6(b) requiring a front yard setback of not less than fifteen (15) feet and Special Exception Use Permit per Ordinance No. 480, Section 44.12 (2), for the construction of accessory buildings or structures of a size or aggregate size greater than permitted on property described as Tract 1 B4K2A, Harrison Decker Survey, Abstract No. 438, City of Southlake, Tarrant County, Texas and located at 1209 Woodsey Ct., Southlake, Texas. Current Zoning: "MH" — Manufactured Housing District. Planner Schell presented details of the request for approval of one Special Exception Use and three Variances as follows: - Special Exception Use per Ordinance No. 480, Section 44.12 (2), for the construction of accessory buildings or structures of a size or aggregate size greater than permitted to allow the sum total of all accessory buildings to exceed the maximum allowed in the Manufactured Housing District, which is 600 square feet, to allow an existing carport, an existing RV carport and a new accessory building to total approximately 1,688 square feet. - Variance to Ordinance No. 480, Section 34.2(a) requiring accessory buildings on a permanent foundation to be erected no closer than 10' feet to a property line in the rear yard to allow the existing RV carport to be located approximately 4' from the side property line, - Variance to Ordinance No. 480, Section 34.2(f) requiring that no accessory building be located forward of the principal building on the lot to allow the existing carport to be located forward of the principal building on the lot • Variance to Ordinance No. 480, Section 29.6(b) requiring a front yard setback of not less than 15' to allow the existing carport to be located approximately 8.8' from the front property line. Vice Chair Cunningham opened the public hearing and called upon the applicant or the applicant's representative to make such comments and present evidence as the applicant should desire. Arthur Strauss, 1209 Woodsey Ct, Southlake, TX the applicant and owner, once sworn in, presented his reasons for the request and was available to answer questions of the Board. Vice Chair Cunningham asked if there were those in the audience who wished to speak in support of the request. There being no one, Vice Chair Cunningham asked if there were those in the audience who wished to speak in opposition of the request. There being no one, Vice Chair Cunningham closed the public hearing and opened the item for discussion. After discussion from the Board, Vice Chair Cunningham stated that he was prepared to entertain a motion on the item. Zoning Board of Adjustment Meeting Minutes - June 25, 2015 Page 3 of 5 A motion was made to approve case ZBA-690. Motion: Panahy Second: Ransom Ayes: Ransom, Smietana, Panahy, and Cunningham. Nays: None Abstain: None Vote: 4-0 Motion: Carried Agenda Item No. 7- ZBA-691, Special Exception Use per Ordinance No. 480, Section 44.12(1) for a servants or family quarters on property described as Lot 7, F. Throop No. 1511 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1861 Sunshine Ln., Southlake, Texas. Current Zoning: "SF -1A" — Single Family Residential District. Planner Schell presented details of the request for approval of a Special Exception Use per Ordinance No. 480, Section 44.12(1) to add approximately 438 square feet of livable space to an existing family quarters with approximately 950 square feet to be used as a servant or family quarters. A Special Exception Use (ZBA-252) to allow the existing family quarters was approved March 28, 1996. The proposed addition includes an approximately 390 square foot covered patio that is allowed to be added to the existing accessory building without SEU approval. This request was approved by the Zoning Board of Adjustment under case number ZBA-651 on November 14, 2013 by a vote of (5-0). A building permit was not applied for within one year of the date of approval, so the granted request has expired per Section 7.1 of the Zoning Board of Adjustment Rules of Procedure as follows: 7.1 Expiration of Granted Request Any special exception or variance granted or authorized by the Board shall authorize the issuance of a building permit and/or a Certificate of Occupancy, as the case may be, for a period of one year from the date of the favorable action of the Board unless said Board shall have in its action approved a different period of time and has so shown such specific period of time in the minutes of its action. If the building permit and/or Certificate of Occupancy shall not have been applied for within said one year period or such extended period as the Board may have specifically granted, then the special exception or variance shall be deemed to have been waived and all rights thereunder terminated. All applications for a request which have been denied shall be deemed to be denied with prejudice unless stated otherwise in the Board's written decision. Vice Chair Cunningham opened the public hearing and called upon the applicant or the applicant's representative to make such comments and present evidence as the applicant should desire. Azeem Yasin, 1307 Hillary Ln, Arlington, TX, a representative of the owner, once sworn in, presented his reasons for the request and was available to answer questions of the Board. Vice Chair Cunningham asked if there were those in the audience who wished to speak in support of the request. Zoning Board of Adjustment Meeting Minutes - June 25, 2015 Page 4 of 5 There being no one, Vice Chair Cunningham asked if there were those in the audience who wished to speak in opposition of the request. There being no one, Vice Chair Cunningham closed the public hearing and opened the item for discussion. After discussion from the Board, Vice Chair Cunningham stated that he was prepared to entertain a motion on the item. A motion was made to approve case ZBA-691. Motion: Panahy Second: Ransom Ayes: Ransom, Smietana, Panahy, and Cunningham. Nays: None Abstain: None Vote: 4-0 Motion: Carried Agenda Item No. 8 - Meeting Adjournment: Vice Chair Cunningham adjourned the meeting at 7:31 p.m. * An audio recording of this meeting will be per y tained in the City Secretary's Office. ,,, Scott Dyche Chairman ATT T: c Erica Wilson Board Secretary Zoning Board of Adjustment Meeting Minutes — June 25, 2015 Page 5 of 5