2019-06-27 ZBA Minutes CITY OF
SOUTHLAKE
TEXAS
ZONING BOARD OF ADJUSTMENT MEETING: June 27, 2019
LOCATION: 1400 Main Street, Southlake, Texas
Executive Session-Executive Conference Room, Suite 268 of Town Hall
Regular Session-City Council Chambers
Time 6:31 P.M.
REGULAR SESSION:
Members Present: Chair Jeff Medici, Vice Chair David Treichler Board members: Sabreena
Hakemy- Place 3, Brett Nickel- Place 4, Akash Shah-Alternate 1, and Heather King-Alternate 4
Members Absent: Michael Quinones- Place 1 and Robert Kemins-Alternate 2
Staff Present: Richard Schell, Principal Planner, Julia Lyon, Board Secretary and James
Donovan- City of Southlake Attorney.
Agenda Item No. 1 Call to Order: Chair Medici called the meeting to order at 6:31 P.M.
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 May 16, 2019.
A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
May 16, 2019.
Motion: Treichler
Second: Nickel
Ayes: Medici, Treichler, Hakemy, Nickel, Shah and King
Nays: None
Abstain: None
Vote: 6-0-0
Motion: Approved
Agenda Item No. 4 — Administrative Comments: Richard Schell, Principal Planner,
announced Board appointments, recent amendments to the Zoninng Ordinance regarding the
Board of Adjustment and that the next scheduled ZBA meeting will be on August 15th, 2019.
Agenda Item No. 2 Executive Session: Chairman Medici announced the Zoning Board of
Adjustment would go into Executive Session pursuance to the Open Meetings Act, Chapter 551,
Texas Government Mode Section 551.071, consultation with attorney. The Zoning Board of
Adjustment adjourned for Executive Session at 6:36 P.M. Chairman Medici reconvened the
meeting at 7:10 P.M. and asked if there was any action needed from the executive session.
There was no action necessary as a result of executive session.
Zoning Board of Adjustment Meeting Minutes—June 27, 2019
Page 1 of 4
REGULAR AGENDA:
Agenda Item No. 5 -ZBA19-0006, Special Exception Use per Ordinance No. 480, Section
44.12(6) for a reduction in the required setback from property lines for a residential accessory
building or structure on property described as Lot 35, F. Throop No. 1511 Addition, an addition
to the City of Southlake, Tarrant County, Texas and located at 1287 Sunshine Ln., Southlake,
Texas.
Planner Schell presented details of the case with a slide show presentation to the Board. The
applicant is requesting approval of a Special Exception Use per Ordinance No. 480, Section
44.12(6) for a reduction in the required setback from property lines for a residential accessory
building or structure to allow an approximately 1,550 square foot garage and game room to be
located approximately 10' from the side property line and approximately 9' from the rear
property line. Accessory buildings greater than or equal to 500 square feet in the "SF-1A" Single
Family Residential zoning district are required to meet the setbacks required for the principal
structure, which are 20' for the side setback and 40' for the rear setback.
An existing 742 square foot metal accessory building was constructed in 1976 according to the
building permit. The plan submitted with the permit application for the metal building showed 10'
setbacks from the side and rear property lines. Form board surveys were not required by the
City at the time, and it appears from the current survey that the building was constructed
approximately 10' from the side property line and approximately 9' from the rear property line.
An approximately 633 square foot covered patio that was attached to the metal building was
constructed at an unknown time. The building became a legal nonconforming structure with
regard to the setbacks from the side and rear property lines when the Accessory Structure
Standards of the "SF-1A" Single Family Residential District zoning were amended by Ordinance
No. 480-QQQ on October 16, 2007 to require accessory buildings that are equal to or exceed
500 square feet to meet the required setbacks of the principal structure.
The property owner began construction without obtaining a building permit to enclose the
approximately 633 square foot covered patio portion of the accessory building and to add an
approximately 175 square foot covered patio to the building, bringing the total square footage of
the building to approximately 1,550 square feet. A stop work order was placed on the
construction and the applicant is seeking a Special Exception Use for a reduction to the to the
side and rear setback requirements to bring the entire building into conformance with the current
"SF-1A" Single Family Residential District zoning regulations. If the Special Exception Use is
approved by the Zoning Board of Adjustment, the applicant will be required to obtain a building
permit prior to completing construction of the structure. If the Special Exception Use is denied
by the Zoning Board of Adjustment, any work done on the building that has increased its
existing nonconformity must be removed or the addition to the building must be brought into
conformance with the current regulations in some other manner.
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.
Jaime Sanchez 1287 Sunshine Ln, the applicant, once sworn in, presented testimony and
answered questions from the board.
Chairman Medici announced the Zoning Board of Adjustment would go into Executive Session
pursuance to the Open Meetings Act, Chapter 551, Texas Government Mode Section 551.071,
Zoning Board of Adjustment Meeting Minutes—June 27, 2019
Page 2 of 4
consultation with attorney. The Zoning Board of Adjustment adjourned for Executive Session at
7:40P.M.
Chairman Medici reconvened the meeting at 7:51 P.M. and asked if there was any action
needed from the executive session. There was no action necessary as a result of executive
session.
Jaime Sanchez 1287 Sunshine Ln, 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 to 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 ZBA19-0006 with the following conditions; (1) The back
portion of the building will be fully screened by minimum 8' tall at planting Leyland Cypresses
with a 5' spacing planted in the area between the rear of the building and the rear property line;
(2) The building will be painted a uniform color; (3) The roof will be uniform with a dark brown
metal roof.
Motion: Treichler
Second: Nickel
Ayes: Medici, Treichler, Hakemy, Nickel and Shah
Nays: None
Abstain: None
Vote: 5-0-0
Motion: Approved
Agenda Item No. 6 - ZBA19-0007, Special Exception Use per Ordinance No. 480, Section
44.12(6) for a reduction in the required setback from property lines for a residential accessory
building or structure on property described as Lot 4, Block 2, Heatherwood Estates, an addition
to the City of Southlake, Tarrant County, Texas and located at 1616 Heather Ln., Southlake,
Texas.
Planner Schell presented details of the case with a slide show presentation to the Board. The
applicant is requesting approval of a Special Exception Use per Ordinance No. 480, Section
44.12(6) for a reduction in the required setback from property lines for a residential accessory
building or structure to allow an approximately 768 square foot detached garage to be located
approximately 10' from the side property line. Accessory buildings greater than or equal to 500
square feet in the "SF-1A" Single Family Residential zoning district are required to meet the
setbacks required for the principal structure, which is 20' for the side setback.
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.
Zoning Board of Adjustment Meeting Minutes—June 27, 2019
Page 3 of 4
Randall Buenle 1616 Heather Ln, the applicant, 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 to 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 ZBA19-0007.
Motion: Nickel
Second: King
Ayes: Medici, Treichler, Hakemy, Nickel and Shah
Nays: None
Abstain: None
Vote: 5-0-0
Motion: Approved
Agenda Item No. 7 - Meeting Adiournment: Chair Medici adjourned the meeting at 8:59 P.M.
*An Audi. recording of this meeting will be permanently retained in the city's Secretary's
Office
1137 M :4.• Chairman
ATTEST
/-yam--
ulia/Lyon, B rd Secretary
Zoning Board of Adjustment Meeting Minutes—June 27, 2019
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