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2017-05-25 ZBA Minutes CITY OF SOUFTHLAKE TEXAS ZONING BOARD OF ADJUSTMENT MEETING: May 25, 2017 LOCATION: 1400 Main Street, Southlake, Texas Executive Session-Executive Conference Room, Suite 268 of Town Hall Regular Session-City Council Chambers Time 6:30 P.M. REGULAR SESSION: Members Present: Chair Kourosh Panahy, Board members Jeff Medici, Gina Phalen, Michael Quinones, Alternate No. 4 Members Absent: Vice Chair Ronell Smith, Board member Brett Nickel, Rob Baker, Alternate No. 1, Robert Kemins, Alternate No. 2, David Treichler, Alternate No. 3 Staff Present: Dennis Killough, Deputy Director of Planning & Development Services, Richard Schell, Principal Planner, and Cheryl Cooper, Board Secretary Agenda Item No. 1 Call to Order: Chair Panahy called the meeting to order at 6.30 P.M. Agenda Item No. 2 Executive Session: No Executive Session was held Agenda Item No. 3 — Approval of the Minutes: Chair Panahy opened the discussion of the minutes of the Zoning Board of Adjustment meeting held on May 11, 2017. A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on May 11, 2017 Motion: Medici Second: Phalen Ayes: Panahy, Phalen, Medici, Quinones Nays: None Abstain: None Vote: 4-0-0 Motion: Approved Agenda Item No. 4 — Administrative Comments: Richard Schell, Principal Planner, announced that the next scheduled ZBA meeting is June 15, 2017. REGULAR AGENDA: • Agenda Item No. 5 - ZBA-732, Variance to front yard setback in Ordinance No. 480-564A as permitted in Zoning Ordinance No. 480, as amended, Section 49.9 on property described as Lot 22, Block 9 Carillon Phase 5A, an addition to the City of Southlake, Tarrant County, Texas and located at 928 Lake Carillon Ln., Southlake, Texas. Current zoning: "ECZ" — Employment Center Zoning District. Zoning Board of Adjustment Meeting Minutes-May 25, 2017 Page 1 of 3 Planner Richard Schell presented details of the case with a slide presentation to the Board, explaining the request from the applicant for approval of a Variance to front yard setback in Ordinance No. 480-564A as permitted in Zoning Ordinance No. 480, as amended, Section 49.9 to allow a front yard setback of 20' as allowed in the Chateaux District lots instead of the 45' front yard setback required for the Carillon Lake lots. The same request was presented to the Zoning Board if Adjustment for the 928 and 933 Lake Carillon Ln. at the April 28, 2016 meeting and the Variance was approved (5-0) with the proviso that the setback for both lots be approved at thirty (30) feet. The owners of the property at 928 Lake Carillon Ln. have submitted a new application for a Variance to provide additional testimony for their request. Chair Panahy 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. Anil and Shaily Kesani, 821 Orleans Dr., Southlake, Texas, the applicants and property owners, once sworn in, presented testimony and answered questions from the Board. Chair Panahy asked if there were those in the audience who wished to speak in support of the request (microphone was off). There being none, Chair Panahy asked if there were those in the audience who wished to speak in opposition of the request. Rob and Shelley Bergbower, 924 Lake Carillon Ln., Southlake, Texas, once sworn in, presented testimony in opposition and answered questions from the Board. Chair Panahy then allowed the following people, once sworn in, to speak in support of the request: Jojy Koshi of Atrium Fine Homes, 6811 Walnut Hill Ln., Dallas, Texas, Venkata Tumati, 929 Lake Carillon Ln., Southlake, Texas, Aiesha Pate, 2100 Estes Park Dr., Southlake, Texas, Rishabh Desai, 817 Orleans Dr., Southlake, Texas, Roger Pate, 2100 Estes Park Dr., Southlake, Texas, Jolyn Valente, 1008 Lake Carillon Ln., Southlake, Texas and Alok Kulshreshtha, 917 Lake Carillon Ln., Southlake, Texas. Chair Panahy asked Rob and Shelley Bergbower, 924 Lake Carillon Ln., if they wished to provide any additional testimony in opposition. Rob and Shelley Bergbower presented additional testimony in opposition. Chair Panahy asked the applicants if they wished to provide a rebuttal to the opposition Anil and Shaily Kesani, the applicants and property owners, presented a rebuttal. Chair Panahy closed the public hearing and opened the item for discussion from the Board. Chair Panahy allowed Rob and Shelley Bergbower, 924 Lake Carillon Ln., Southlake, Texas, to announce on record that they are retracting their opposition. Zoning Board of Adjustment Meeting Minutes-May 25, 2017 Page 2 of 3 A motion was made to approve case ZBA-732. Motion: Panahy Second: Medici Ayes: Panahy, Medici, Quinones Nays: Phalen Abstain: None • Vote: 3-1-0 Motion: Denied (The motion failed to receive the four affirmative votes required for approval and was therefore denied). Agenda Item No. 6 -Meeting Adjournment: Chair Panahy adjourned the meeting at 8:51 PM. *An aud" recordi i . is meeting will be permanently retained in the City Secretary's Office. Kout sh Panahy, Chairman ATTEST: C16/_Aff, Cheryl Cooper, Boa d Secretary Zoning Board of Adjustment Meeting Minutes—May 25, 2017 Page 3 of 3