2016-04-14 IgCITY OF
SOUTHLAKE
TEXAS
ZONING BOARD OF ADJUSTMENT MEETING: April 14. 2016
LOCATION: 1400 Main Street, Southlake, Texas
Executive Session-Executive Conference Room, Suite 268 of City Hall
Regular Session-City Council Chambers
Regular Session:
Members Present Vice Chair Mike Smietana, Board members: Kourosh Panahy, Rob Baker,
Guy Midkiff, Jeff Medici.
Members Absent Board member Ronell Smith, Board member Brett Nickel.
Staff Present Dennis Killough, Deputy Director of Planning & Development Services; Richard
Schell, Principal Planner, and Karen Heistand, Board Secretary.
Agenda Item No. 1 — Call to Order Vice Chair Smietana called the meeting to order at 6:30
p.m.
Agenda Item No. 2—Approval of the Minutes: Vice Chair Smietana opened the discussion of
the minutes of the Zoning Board of Adjustment meeting held on February 25, 2016.
A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
February 25, 2016.
Motion: Midkiff
Second: Baker
Ayes: Panahy, Smietana, Medici, Midkiff, Baker
Nays: None
Abstain: None
Vote: 5-0-0
Motion: Carried
Agenda Item No. 3 — Administrative Comments: Richard Schell, Principal Planner,
announced the resignation of Chair Scott Dyche and that the next regularly scheduled ZBA
meeting is April 28, 2016. Planner Schell then announced that Council will appoint a Chair to fill
that position and the Council schedule for appointments of Board members with expiring terms.
Agenda Item No. 4—Consider: ZBA-703, Waiver of Mandatory Yard and Setback
Requirements due to a construction error per Zoning Ordinance No. 480, Section 44.11 to allow
an accessory building to be located approximately 9.4' from a property line in the rear yard on
property described as Lot 23, Block 2, The Dominion, an addition to the City of Southlake,
Tarrant County, Texas and located at 610 Dominion Drive, Southlake, Texas.
Planner Schell presented details of the case to the Board, explaining the request for approval of
a Waiver of Mandatory Yard and Setback Requirement of 10' from a property line for an
Zoning Board of Adjustment Meeting Minutes—April 14, 2016
Page 1 of 6
accessory building on a permanent foundation located in the rear yard due to a construction
error. The foundation was poured 9.4' from the side property line due to a construction error.
The accessory building has been installed on the foundation.
Vice Chair Smietana 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.
Deborah Walls, 610 Dominion Drive, Southlake, TX, the applicant and owner of the property,
and Stephen Faught of DFW Renovations, the applicant's representative, once sworn in,
presented testimony and were available to answer questions of the Board.
Vice Chair Smietana asked if there were those in the audience who wished to speak in favor of
the request.
There being none, Vice Chair Smietana asked if there were those in the audience who wished
to speak in opposition of the request
There being one in opposition, Tom Morris, 403 St. Charles, neighbor and HOA member, was
sworn in and presented testimony and was available to answer questions of the Board. Vice
Chair Smietana asked for any rebuttal and the applicant spoke again as did Stephen Faught.
Vice Chair Smietana asked if there were others in the audience who wished to speak in
opposition of the request.
There being no other opposition, Vice Chair Smietana closed the public hearing and opened the
item for discussion.
A motion was made to approve case ZBA-703.
Motion: Panahy
Second: Midkiff
Ayes: Baker, Midkiff, Panahy, Medici, Smietana
Nays: None
Abstain: None
Vote: 5-0-0
Motion: Carried
Agenda Rem No. 5 — Consider. ZBA-704, Special Exception Use per Ordinance No. 480,
44.12(5) for a portable building at Johnson Elementary School on property described as Lot
13R1, F. Droop No. 1511 Addition, and addition to the City of Southlake, Tarrant County,
Texas and located at 1301 N. Carroll Ave., Southlake, Texas
Planner Schell presented details of the case to the Board, explaining the request for approval by
the Carroll ISD of a Special Education Use for one building approximately 24' x64' in size
containing two classrooms. The request is for a three (3) year period beginning with the 2016-
2017 school year and lasting through the 2018-2019 school year. Zoning Ord. 480, Section
44.12.5.c, requires that portable buildings have a masonry façade meeting the requirements of
the City's masonry ordinance. City Council will hear the applicant's request for a variance to the
masonry requirements at their April 19, 2016 meeting to allow light gray metal siding extending
from the skirting around the base of the buildings upward to the roof line. Approval of the
Zoning Board of Adjustment Meeting Minutes-April 14, 2016
Page 2 of 6
requested Special Exception Use will be subject to City Council approval of the variance to the
masonry requirements.
Vice Chair Smietana 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.
Matt Miller, 2400 N Carroll Avenue, Southlake, TX, applicant and superintendent for Carroll ISD
was sworn in and presented testimony and was available to answer questions of the Board.
Vice Chair Smietana asked if there were those in the audience who wished to speak in favor of
the request.
There being none, Vice Chair Smietana asked if there were those in the audience who wished
to speak in opposition of the request
There being none, Vice Chair Smietana closed the public hearing and opened the item for
discussion.
A motion was made to approve case ZBA-704.
Motion: Panahy
Second: Baker
Ayes: Baker, Midkiff, Panahy, Medici, Smietana
Nays: None
Abstain: None
Vote: 5-0-0
Motion: Carried
Allende Item No. 6—Consider. ZBA-705, Special Exception Use per Ordinance No. 480,
Section 44.12(5)for a portable building at Carroll Elementary School on property described as
Lot 1, Samuel H. Thompson No. 1504 Addition, an addition to the City of Southlake, Tarrant
County, Texas and located at 1705 W Continental Avenue, Southlake, Texas.
Planner Schell presented details of the case to the Board, explaining the request for approval by
the Carroll ISO of a Special Education Use for one building approximately 24' x64' in size
containing two classrooms. The request is for a three (3) year period beginning with the 2016-
2017 school year lasting through the 2018-2019 school year. Zoning Ord. 480, Section
44.12.5.c, requires that portable buildings have a masonry facade meeting the requirements of
the City's masonry ordinance. City Council will hear the applicant's request for a variance to the
masonry requirements at their April 19, 2016 meeting to allow light gray metal siding extending
from the skirting around the base of the buildings upward to the roof line. Approval of the
requested Special Exception Use will be subject to City Council approval of the variance to the
masonry requirements.
Vice Chair Smietana 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.
Matt Miller, 2400 N Carroll Avenue, Southlake, TX, applicant and superintendent for Carroll ISD
was sworn in and presented testimony and was available to answer questions of the Board.
Zoning Board of Adjustment Meeting Minutes-Ap►h 14, 2016
Page 3 of 6
Vice Chair Smietana asked if there were those in the audience who wished to speak in favor of
the request. II
There being none, Vice Clair Smietana asked if there were those in the audience who wished
to speak in opposition of the request
There being none, Vice Chair Smietana closed the public hearing and opened the item for
discussion.
A motion was made to approve case ZBA-705.
Motion: Baker
Second: Medici
Ayes: Baker, Midkiff, Panahy, Medici, Smietana
Nays: None
Abstain: None
Vote: 5-0-0
Motion: Carried
Agenda Item No. 7 — Consider: ZBA-706, Variance to Ordinance No. 480, Section 14.5(d),
requiring a rear yard setback of not less than forty (40) feet on property described as Lot 18,
Block 2, Dove Estates, an addition to the City of Southlake, Tarrant County, Texas and located
at 1342 Blue Teal Court, Southlake, Texas.
Planner Schell presented details of the case to the Board, explaining the request for approval of
a Variance to Ordinance No. 480, Section 14.5(d), requiring a rear yard setback of forty(40)feet
to allow an approximately 360 square foot garden/sun room attached as an addition to the
principal structure to be located approximately twenty four point four (24.4) feet from the rear
property line. Current zoning: "SF-20B'—Single Family Residential District.
Vice Chair Smietana 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.
Patty Jensen, 1342 Blue Teal Court, Southlake, TX, applicant and owner of property was sworn
in and presented testimony and was available to answer questions of the Board.
Vice Chair Smietana asked if there were those in the audience who wished to speak in favor of
the request.
There being none, Vice Chair Smietana asked if there were those in the audience who wished
to speak in opposition of the request
There being none, Vice Chair Smietana closed the public hearing and opened the item for
discussion.
A motion was made to approve case ZBA-706.
Zoning Board of Adjustment Meeting Minutes-April 14, 2016
Page 4 of 6
Motion: Baker
Second: Panahy
Ayes: Baker, Midkiff, Panahy, Medici, Smietana
Nays: None
Abstain: None
Vote: 5-0-0
Motion: Carried
Agenda Item No. 8 — Consider. ZBA-707, Variance to Ordinance No. 480, Section 34(f),
requiring that no accessory building be located forward of the principal building on the lot on
property described as Lot 1, Block 3, Harbor Oaks, an addition to the City of Southlake, Tarrant
County, Texas. Current zoning: "SF-1A"—Single Family Residential District.
Planner Schell presented details of the case to the Board explaining that the applicants are
requesting approval of a Variance to Ordinance No. 480, Section 34(f), requiring that no
accessory building be located forward of the principal building on the lot to allow a portion of an
approximately 791 square foot cabana to be located forward of the principal building. Per the
definition for "Frontage" in Zoning Ordinance No. 480, Section 4, as amended, on corner lots,
the front of a lot shall be construed as the shortest boundary adjacent to a street, so the front
yard of this property is along Burney Lane even though the house faces Harbor Retreat.
Vice Chair Smietana 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.
Jerry and Carlotta Peterson, 1064 Harbor Retreat, Southlake, TX, applicant and owner of the
property, and Chris Preston, contractor, Argyle, TX, were sworn in and presented testimony and
were available to answer questions of the Board.
Vice Chair Smietana asked if there were those in the audience who wished to speak in favor of
the request.
There being none, Vice Chair Smietana asked if there were those in the audience who wished
to speak in opposition of the request
There being none, Vice Chair Smietana closed the public hearing and opened the item for
discussion.
A motion was made to approve case ZBA-707.
Motion: Panahy
Second: Midkiff
Ayes: Baker, Midkiff, Panahy, Medici, Smietana
Nays: None
Abstain: None
Vote: 5-0-0
Motion: Carried
Zoning Boaid of Adjustment Meeting A*nutes—Apn714,2016
Page 5 of 6
Agenda Item No. 9-Meeting Adjournment Vice Chair Smietana adjourned the meeting at
8:15 p.m.
An audio reaming of . is meeting will be permanently retained in the City Secretary's
Offs
deP
Mike Smieta;'
Vice Chair
A •T.
ANIF
ren Heistand
Board Secretary
Zoning Board of Adjustment Meeting Minutes-April 14, 2016
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