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2017-08-10 ZBA Minutes erCITY OF SOUTH LAKE TEXAS ZONING BOARD OF ADJUSTMENT MEETING: August 10, 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: Chairman Jeff Medici, Vice Chairman Ronell Smith, Board members: Gina Phalen - Place No. 1, Sabreena Hakemy - Place No. 3, Brett Nickel - Place No. 4, Robert Kemins -Alternate No. 2, and David Treichler-Alternate No. 3 Members Absent: Board members: Kenny Cotton - Alternate No. 1, and Michael Quinones - Alternate No. 4 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: Chairman Medici 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: Chairman Medici opened the discussion of the minutes of the Zoning Board of Adjustment meeting held on June 29, 2017. A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on June 29, 2017. Motion: Smith Second: Kemins Ayes: Medici, Smith, Phalen, Hakemy, Nickel, Kemins, Treichler Nays: None Abstain: None Vote: 7-0-0 Motion: Approved Agenda Item No. 4 — Administrative Comments: Richard Schell, Principal Planner, announced that the next scheduled ZBA meeting is August 24, 2017. REGULAR AGENDA: Agenda Item No. 5 - ZBA-734, Variance to Ordinance No. 480, Section 33.14, requiring a minimum lot size of one acre for an on-site sewage facility (OSSF) on property described as Tracts 2A3A, 2A3A1, 2A3B, 2A3 and 2A5, William H. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas and located at 208 Randol Mill Ave. and 1719 and 1825 Zoning Board of Adjustment Meeting Minutes—August 10, 2017 Page 1 of 6 Maranatha Way, Southlake, Texas. Current Zoning: "SF-1B" — Single Family Residential District and "AG" —Agricultural District. The applicant has requested to table this item to the August 24, 2017 meeting. Motion: Nickel Second: Phalen Ayes: Medici, Smith, Phalen, Hakemy, Nickel Nays: None Abstain: None Vote: 5-0-0 Motion: A motion was made to table Case No. ZBA-734 to the next meeting held on August 24, 2017. Agenda Item No. 6 - ZBA-736, Variance to Ordinance No. 480, Sections 11.5(b) requiring a front setback of 40' and 11.5(c) requiring a side setback of 20' on property described as Tract 3A01 F5, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas and located at 1860 Sunshine Ln., Southlake, Texas. Current Zoning: "SF-1A" — Single Family Residential District. 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 Ordinance No. 480, Sections 11.5(b) requiring a front setback of 40' and 11.5(c) requiring a side setback of 20' to allow 35' front yard setbacks on both the Sunshine Ln. and Shumaker Ln. street frontages and a 15' side yard setback on the east property line. The property was annexed into the City in 1957 and given the "AG" Agricultural zoning designation. A zoning change from "AG" to "A-3" One-Family zoning (Case No. ZA71-5) was approved June 15, 1971 with an exhibit showing the three tracts abutting Shumaker Ln. as they exist today. The "A-3" zoning in Zoning Ordinance No. 161, which was the ordinance in effect at the time of rezoning, required a minimum lot size of 10,000 square feet for lots that were not served by City sewer. The required setbacks were a front yard setback of at least 25% of the depth of the lot, but not greater than 25', a side yard setback of not less than 10% of the width of the lot, but not greater than 15' and a rear yard setback of at least 30% of the depth of the lot, but not greater than 25'. A plat was never recorded with the County to divide the 2.92 acre parent tract into the three tracts as shown on the exhibit. The previous residence on the property, which has been demolished, was built in 1971 according to Tarrant Appraisal District. The property was given the "A-3" Single Family Residential zoning designation with the adoption of Zoning Ordinance No. 261-A in 1981. At that time, the minimum lot size for "A-3" zoning was changed to 43,560 square feet (one acre) and the minimum required setbacks were 35' for the front yard, 15' for the side yard and 25'for the rear yard The property was given the SF-1 Single Family Residential zoning designation with the adoption of Zoning Ordinance No. 334 in 1986. The minimum lot size for "SF-1" zoning remained at 43,560 square feet (one acre) and the minimum required setbacks were 40' for the front and rear yards and 20'for the side yards. The property was given the "SF-1A" Single Family Residential zoning designation with the adoption of Zoning Ordinance No. 480 in 1989. The minimum lot size for SF-1A zoning Zoning Board of Adjustment Meeting Minutes—August 10, 2017 Page 2 of 6 remained 43,560 square feet (one acre) and the minimum required setbacks remained at 40' for the front and rear yards and 20' for the side yards. City Council approved an amendment to Subdivision Ordinance No. 483, (Ord. No. 483-P) on September 1, 2015 to allow a tract of land to be platted and exempted from compliance with the minimum requirements pertaining to lot area, lot width and lot depth subject to compliance with specified criteria. The current owner of the property would like to build a new home on the property, which requires a plat to be recorded with the County. The requested variances, if approved, would allow the property to be platted with the current "SF-1A" zoning in place, but with the front and side building lines adjusted to conform to the "SF-20A" Single Family Residential zoning district, which requires a 35' front setback and a 15' side setback. The "SF-20A" district requires a minimum lot area of 20,000 square feet and the subject property is approximately 28,808 square feet (0.66 acres). Chairman Medici 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. Lakshmi Chilukuri, 1860 Sunshine Ln, the applicant and property owner, once sworn in, presented testimony and answered questions from the Board. Chairman Medici asked if there were those in the audience who wished to speak in favor of the request. There being none, Chairman Medici asked if there were those in the audience who wished to speak in opposition of the request. There being none, Chairman Medici closed the public hearing and opened the item for discussion from the Board. A motion was made to approve Case No. ZBA-736. Motion: Nickel Second: Phalen Ayes: Medici, Smith, Phalen, Hakemy, Nickel Nays: None Abstain: None Vote: 5-0-0 Motion: Approved Agenda Item No. 7 — ZBA-738, Special Exception Use per Ordinance No. 480, Section 44.12(1) for a servants or family quarters on property described as Lot 1, Block 5, Clariden Ranch Phase 1 B, an addition to the City of Southlake, Denton County, Texas and located at 700 Silver Spur Ct., Southlake, Texas. Current Zoning: "SF-1A" — Single Family Residential District. 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 Special Exception Use per Ordinance Zoning Board of Adjustment Meeting Minutes—August 10, 2017 Page 3 of 6 No. 480, Section 44.12(1) for a servants or family quarters to allow an approximately 878 square foot servants or family quarters as part of the principal residence. Chairman Medici 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. Frank Shelton with Shelton Construction, the applicant, once sworn in, presented testimony and answered questions from the Board. Chariman Medici asked if there were those in the audience who wished to speak in favor of the request. There being none, Chairman Medici asked if there were those in the audience who wished to speak in opposition of the request. There being none, Chairman Medici closed the public hearing and opened the item for discussion from the Board. A motion was made to approve Case No. ZBA-738. Motion: Phalen Second: Smith Ayes: Medici, Smith, Phalen, Hakemy, Nickel Nays: None Abstain: None Vote: 5-0-0 Motion:Approved Agenda Item No. 8 —ZBA-739, Variance to Ordinance No. 480, Section 9.5(c), requiring a side yard setback of 25' on property described as Tract 3H02, John Childress Heirs Survey, Abstract No. 254, City of Southlake, Tarrant County, Texas and located at 3009 Lake Dr., Southlake, Texas. Current Zoning: "AG" —Agricultural District. 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 Ordinance No. 480, Section 9.5(c), requiring a side yard setback of 25' to allow a side setback of approximately 7.2' for the existing home and for proposed additions to the north and south sides of the existing home. The existing home was constructed with a 7.2' setback in 1955 prior to annexation of the property into the City. Approval of a Variance to allow the existing setback will bring the existing home into conformance with Zoning Ordinance No. 480. The existing home is currently a legal nonconforming structure. The request is also for a Variance to the side setback to allow an approximately 7 2' side yard setback for additions to the home as shown on the proposed plot plan. The applicant is requesting an extension to the one year expiration on Variance approvals if a building permit has not been applied for within that time to extend the expiration period to two years. The Grapevine Lake Manager has verified that a flowage easement was not obtained on this property. Zoning Board of Adjustment Meeting Minutes—August 10, 2017 Page 4 of 6 Chairman Medici 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. Joseph Comparin, the applicant and homeowner, once sworn in, presented testimony and answered questions from the Board. Chairman Medici asked if there were those in the audience who wished to speak in favor of the request. There being none, Chairman Mediciasked if there were those in the audience who wished to speack in opposition of the request. There being none, Chairman Medici closed the public hearing and opened the item for discussion from the Board. The owner Joseph Comparin also asked for a one year extention on this request. A motion was made to approve Case No. ZBA-739 and the 1 year extention to the variance expiration. Motion: Smith Second: Phalen Ayes: Medici, Smith, Phalen, Hakemy, Nickel Nays: None Abstain: None Vote: 5-0-0 Motion: Approved Agenda Item No. 9 — ZBA-740, 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 that permitted on property described as Lot 3, Block 2, Kimball Circle Estates, an addition to the City of Southlake, Tarrant County, Texas and located at 712 S. Kimball Ave., Southlake, Texas. Current Zoning: "SF-20A" — Single Family Residential District. 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 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 that permitted to allow the construction of an approximately 970 square foot pool house. The maximum area allowed for the sum total of accessory buildings in the "SF-20A" Single Family Residential District is 600 square feet. Chairman Medici 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. Dustin Andrew with Dustin Andrew Builder, the applicant, once sworn in, presented testimony and answered questions from the Board. Chairman Medici asked if there were those in the audience who wished to speak in favor of the request. Zoning Board of Adjustment Meeting Minutes—August 10, 2017 Page 5 of 6 J. F. Denis, 2118 Miracle Pointe, Southlake, Texas, once sworn in, spoke in favor of the request. Chairman Medici asked if there were those in the audience who wished to speak in opposition of the request. There being none, Chairman Medici closed the public hearing and opened the item for discussion from the Board. A motion was made to approve Case No. ZBA-740. Motion: Nickel Second: Smith Ayes: Medici, Smith, Phalen, Hakemy, Nickel Nays: None Abstain: None Vote: 5-0-0 Motion: Approved Agenda Item No. 10 Meeting Adjournment: Chairman Medici adjourned the meeting at 8:03 P.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. 41, Je �-�'ici, Chairman ATTEST: Cheryl Cooper, Board ecretary Zoning Board of Adjustment Meeting Minutes—August 10, 2017 Page 6 of 6