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2018-11-15 ZBA Minutes gilCITY OF SOUTHLAKE TEXAS ZONING BOARD OF ADJUSTMENT MEETING: November 15, 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: Chair Jeff Medici, Board Members: Michael Quinones- Place 1, Sabreena Hakemy- Place 3, David Treichler-Alternate 3 and Heather King-Alternate 4 Members Absent: Vice Chair Ronell Smith, Brett Nickel- Place 4, Akash Shah-Alternate 1, and Robert Kemins-Alternate 2 Staff Present: Dennis Killough, Deputy Director of Planning & Development Services, Richard Schell, Principal Planner, Miranda Picklesimer, Board Secretary Agenda Item No. 1 Call to Order: Chair 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: Chair Medici opened the discussion of the minutes of the Zoning Board of Adjustment meeting held on October 11, 2018. A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on October 11, 2018. Motion: Treichler Second: Quinones Ayes: Medici, Quinones, Triechler and King Nays: None Abstain: Hakemy Vote: 4-0-1 Motion: Approved Agenda Item No. 4 — Administrative Comments: Richard Schell, Principal Planner, announced that the next ZBA meeting is scheduled for November 29, 2018. REGULAR AGENDA: Agenda Item No. 5 — Consider: ZBA18-0008, Variance to Ordinance No. 480, Section 11.5(d), requiring a rear yard of not less than 40' and 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 on property described as Lot 9, Block 3, Harbor Oaks, an Zoning Board of Adjustment Meeting Minutes—November 15, 2018 Page 1 of 4 addition to the City of Southlake, Tarrant County, Texas and located at 2920 Harbor Refuge, Southlake, Texas. Current Zoning: "SF-1A" — Single Family Residential District. Planner Richard Schell presented details of the case with a slide show presentation to the Board. The applicant is requesting approval of a Variance to Ordinance No. 480, Section 11.5(d), requiring a rear yard of not less than 40' to allow a carport to be located approximately 35' from the rear property line and 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 that permitted to allow an approximately 1,008 square foot carport in addition to an existing approximately 1,012 square foot garage for a total of approximately 2,020 square feet of accessory building area. The maximum area for accessory buildings in the "SF-1A" Single Family Residential District is 3% of the lot area or 4,000 square feet, whichever is less. In this case, the maximum square footage allowed for the sum total of accessory buildings is approximately 1,819 square feet, which is 3% of 1.392 acres, or 60,636 square feet. At the September 27, 2018 Zoning Board of Adjustment meeting, a motion to approve the above Variance and SEU requests with a 23' rear setback instead of a 35' setback (ZBA18-0005) received a vote of 3 in favor and 1 against with 0 abstaining, and having failed to receive 4 affirmative votes was therefore denied. 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. Brett Leedy, 2920 Harbor Refuge, Southlake, Texas, the applicant and 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 the Variance request in case ZBA18-0008. Motion: Treichler Second: Hakemy Ayes: Medici, Quinones, Hakemy, Treichler, and King Nays: None Abstain: None Vote: 5-0-0 Motion: Approved A motion was made to deny the Special Exception Use (SEU) request in case ZBA18-0008. Motion: Treichler Second: None Ayes: None Nays: None Zoning Board of Adjustment Meeting Minutes—November 15, 2018 Page 2 of 4 Abstain: None The motion did not receive a second. A motion was made to approve the Special Exception Use (SEU) request in case ZBA18-0008. Motion: Quinones Second: Hakemy Ayes: Medici, Quinones, Hakemy and King Nays: Treichler Abstain: None Vote: 4-1-0 Motion: Approved Agenda Item No. 6 — Consider: ZBA18-0009, Variance to Ordinance No. 480, Section 33.14, requiring a minimum lot area of one acre for an on-site sewage facility (OSSF) on property described as Tract 8A06, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and located at 1100 Shady Oaks Dr., Southlake, Texas. Current Zoning: "SF- 20A" — Single Family Residential District. Planner Richard Schell presented details of the case with a slide show presentation to the Board. The applicant is requesting approval of Variance to Ordinance No. 480, Section 33.14, requiring a minimum lot area of one acre for an on-site sewage facility (OSSF) to allow a septic system on an approximately 0.68 acre lot. The closest accessible City sewer is approximately 450' to the north in the Coventry Manor subdivision. City sewer will be extended to the property with future improvements to Shady Oaks Dr. The Tarrant County Public Health Department, which does the permitting for all septic systems in the City of Southlake, has issued a permit for an aerobic system on the property. Approval of the Variance to allow the septic system will allow the property owner to build a new home on the property. 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. Gary Chasteen, 5340 Chatsworth Lane Keller, Texas, the applicant's representative, 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 ZBA18-0009. Motion: Treichler Second: Hakemy Ayes: Medici, Hakemy, Treichler, and King Zoning Board of Adjustment Meeting Minutes—November 15, 2018 Page 3 of 4 Nays: Quinones Abstain: None Vote: 4-1-0 Motion: Approved Agenda Item No. 7 - Meeting Adjournment: Chair Medici adjourned the meeting at 7:26 P.M. *An Audio recording of this meeting will be permanently retained in the City Secretary's Office. Je , e ici, Chairman ATTEST: �i )vim-t 7 _ Miranda Picklesimer, Board Secretary Zoning Board of Adjustment Meeting Minutes—November 15, 2018 Page 4 of 4