2018-01-11 ZBA MinutesCITY OF
SOUTHLAKE
TEXAS
ZONING BOARD OF ADJUSTMENT MEETING: January 11, 2018
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 and Board members:
Gina Phalen — Place No. 1, Sabreena Hakemy — Place 3, Brett Nickel — Place 4, Kenny Cotten
— Alternate No. 1, David Treichler — Alternate No. 3 and Michael Quinones — Alternate No. 4
Member Absent: Board member: Robert Kemins — Alternate No. 2
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: Chair Medici called the meeting to order at 6:32 P.M.
Agenda Item No. 2 Executive Session: No Executive Session was held.
Agenda Item No. 3 — Approval of the Minutes: Chair Medici opened the discussion of the
minutes of the Zoning Board of Adjustment meeting held on November 16, 2017.
A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
November 16, 2017.
Motion: Smith
Second: Cotten
Ayes: Medici, Smith, Hakemy, Nickel, Cotten, Phalen, Quinones and Treichler
Nays: None
Abstain: None
Vote: 8-0-0
Motion: Approved
Agenda Item No. 4 — Administrative Comments: Richard Schell, Principal Planner,
announced that the next scheduled ZBA meetings are on January 25, 2018 and February 15,
2018.
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 — January 11, 2018
Page 1 of 5
Maranatha Way, southlake, Texas. Current Zoning: "SF-1 B" — Single Family Residential District
and "AG" — Agricultural District. The applicant has requested to withdraw this item.
Planner Richard Schell announced that the applicant has submitted a request to withdraw this
item.
A motion was made to withdraw Case No. ZBA-734 as requested by the applicant.
Motion: Phalen
Second: Nickel
Ayes: Medici, Smith, Hakemy, Nickel and Cotten
Nays: None
Abstain: None
Vote: 5-0-0
Motion: Approved to withdraw request
Agenda Item No. 6 - ZBA-737, 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 15, Block 4, Harbor Oaks, an addition to the City of
Southlake, Tarrant County, Texas and located at 1110 Harbor Haven, 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. The
applicant is requesting approval of a Special Exception Use (SEU) per Ordinance No. 480,
Section 44.12(2) for the construction of accessory buildings or structures of a size or aggregate
size greater than the permitted to allow an approximately 720 sf. equipment shed and an
approximately 110 sf. loafing shed on the property in addition to an existing approximately 3,834
sf. barn, 108 sf. well house, 40 sf. water tank and 16 sf. well cover, which brings the total area of
accessory buildings and structures on the property to approximately 4,828 square feet. The
maximum area for the sum total of accessory buildings and structures permitted in the "SF-1A"
Single Family Residential zoning district is 3% of that area is approximately 4.107 square feet,
so the maximum area permitted for accessory buildings in this case is 4,000 sf. The equipment
shed and loafing shed have already been constructed, so no additional buildings are proposed
other than the buildings that currently exist on the property. The equipment shed was
constructed without a required building permit and the loafing shed did not require a building
permit since it is less than 120 square feet. If the SEU is approved by the Zoning Board of
Adjustment (ZBA), the property owner must submit an application for a building permit for the
equipment shed and that permit must be processed and approved by the City in order for the
building to be a legal conforming structure. If the ZBA denies the SEU request, the area of
accessory buildings on the lot must be brought into conformance with the zoning ordinance
either by reducing the area of the buildings or by some other manner. The equipment shed is in
a U.S. Army Corps of Engineers has acquired certain perpetual rights, namely construction or
maintenance of any structure for human habitation and the right to approve all other structures
constructed on flowage easement land, except fencing. This is typically based on elevation and
is done to protect individual property during a flood event and allow hydrologists to better predict
the changes in elevation a lake will undergo during high inflow. The applicant has received
consent from the U.S. Army Corps of Engineers to locate the equipment shed in the flowage
easement and that consent is included in the report on page 7 of Attachment `D'. The loafing
shed was not included in the consent request.
Zoning Board of Adjustment Meeting Minutes — January 11, 2018
Page 2 of 5
Chair 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.
Adam Smith, 1110 Harbor Haven, Southlake, Texas, the applicant and property owner, once
sworn in, presented testimony and answered questions from the Board.
Chair Medici asked if there were those in the audience who wished to speak in favor of the
request.
There being none, Chair Medici asked if there were those in the audience who wished to speak
in opposition of the request.
Vicki Renda, 1100 Harbor Haven, Southlake, Texas, once sworn in, presented testimony and
answered questions from the Board.
Michael Lorant, 2211 Emerald Circle, Southlake, Texas, consultant for the owner, once sworn
in, presented testimony and answered questions from the Board
Chair Medici asked if there were others in the audience who wished to speak in opposition of
the request.
There being none, Chair Medici closed the public hearing and opened the item for discussion
from the Board.
Chair Medici asked if there were those in the audience who wished to speak in rebuttal of the
request.
Adam Smith, 1110 Harbor Haven, Southlake, Texas, the applicant and property owner, spoke in
rebuttal and answered a request for clarification on the location of the structures on the site
plan.
Michael Lorant, 2211 Emerald Circle, Southlake, Texas also spoke in rebuttal and answered
questions from the board.
Chair Medici closed the rebuttal responses and opened the item for discussion from the Board.
A motion was made to table Case No. ZBA-737 as requested by the applicant for the next ZBA
meeting on January 25, 2018.
Motion: Phalen
Second: Smith
Ayes: Medici, Hakemy, Nickel, Smith, Phalen
Nays: None
Abstain: None
Vote: 5-0-0
Motion: Approved to Table
Zoning Board of Adjustment Meeting Minutes — January 11, 2018
Page 3 of 5
Agenda Item No. 7 - ZBA-746, 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 14, J.J. Freshour No. 521 Addition, an addition to
the City of Southlake, Tarrant County, Texas and located at 2775 Florence Rd., Southlake,
Texas. Current Zoning: "SF-1K — 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 accessory buildings or structures of a size or aggregate size than
that permitted to allow construction of an approximately 2,400 square foot accessory building in
addition to an existing approximately 1,107 sf. accessory building for a total area of
approximately 3,507 sf. for the sum total of all accessory buildings on the property. Per Zoning
Ordinance No. 480, as amended, Section 11.5.j.1, the sum total of all accessory structures and
buildings on the lot shall not exceed 3% of the lot area or 4,000 sf. in the "SF-1K Single Family
Residential district. The lot area is approximately 61,222 square feet, so the maximum area
permitted for accessory buildings or structures on the lot in this case is approximately 1,837
square feet.
Chair 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.
William F. Stoeppel, 2775 Florence Road, Southlake, Texas, the applicant and property owner,
once sworn in, presented testimony and answered questions from the Board.
Chair Medici asked if there were those in the audience who wished to speak in favor of the
request.
There being none, Chair Medici asked if there were those in the audience who wished to speak
in opposition of the request.
There being none, Chair Medici closed the public hearing and opened the item for discussion
from the Board.
A motion was made to approve case ZBA-746, Special Exception Use per Ordinance No. 480,
Section 44.12(2) with the caveat that within ninety (90) days of issuance of a Certificate of
Occupancy for the new (2,400 square foot) building, the existing accessory building be
removed.
Motion: Treichler
Second: Smith
Ayes: Medici, Smith, Hakemy, Nickel, Phalen
Nays: None
Abstain: None
Vote: 5-0-0
Motion: Approved
Agenda Item No. 8 —Meeting Adjournment - Chair Medici adjourned the meeting at 8:30 PM
Zoning Board of Adjustment Meeting Minutes — January 11, 2018
Page 4 of 5
* An audio recording of this meeting will be permanently retained in the City Secretary's
Office
4idiiicii, Chairman
ATT ET
S
Ka n Heistand, Board Secretary
Zoning Board of Adjustment Meeting Minutes — January 11, 2018
Page 5 of 5