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2021-08-12 ZBA MinutesCITY OF SOUTHLAKE TEXAS ZONING BOARD OF ADJUSTMENT MEETING: August 12, 2021 LOCATION: 1400 Main Street, Southlake, Texas Work Session — Executive Conference Room, Suite 268 of Town Hall Or City Council Chambers of Town Hall Executive Session - Executive Conference Room, Suite 268 of Town Hall Regular Session - City Council Chambers of Town Hall Members Present: Board members: Chair Jeff Medici, Vice Chair David Treichler, Heather King- Place 4, Trey Verbick- Place 3, Clinton Snead- Alternate 3 and Alex Sexton- Alternate 4. Members Absent: Board members: Michael Quinones- Place 1, Britton Wells -Alternate 1, and Robert Kemins- Alternate 2. Staff Present: Dennis Killough, Deputy Director of Planning & Development Services, Richard Schell, Principal Planner, Andrea Parrott, Board Secretary and Carol Nemoto, Board Secretary WORK SESSION: 1. Call to Order: Chairman Medici called the Work Session to order at 5:46 P.M. 2. Executive Session: Chairman Medici announced that the Board would go into Executive Session pursuant to Section 551,071, Texas Government Code, to seek legal advice from the City Attorney. The Executive Session started at 5:47 P.M. and ended at 6:35 P.M. Chairman Medici reconvened the meeting at 6:41 P.M. No action was needed following Executive Session. 3. Orientation for Zoning Board of Adjustment members by City Attorney. Discussed during Executive Session. 4. Discussion of legislation by City Attorney. Discussed during Executive Session. 5. Adjourn Work Session: Chairman Medici adjourned the Work Session at 6:42 P.M. REGULAR SESSION: 1. Call to Order: Chairman Medici called the Regular Session to order at 6:42 P.M. 2. Executive Session: No Executive Session was held during the Regular Session. 3. Approval of the Minutes: Chairman Medici opened the discussion of the minutes of the Zoning Board of Adjustment meeting held on June 10, 2021 A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on June 10, 2021. Zoning Board of Adjustment Meeting Minutes — August 1 Z 2021 Page 1 of 4 Motion: Verbick Second: Sexton Ayes: Medici, Treichler, Verbick, King, Snead and Sexton Nays: None Abstain: None Vote: 6-0-0 4. Administrative Comments: Richard Schell, Principal Planner, announced that 5. Staff update on the drainage on Kingswood Dr. as requested by the Zoning Board of Adjustment at their June 10, 2021 meeting. Planner Schell announced that no staff from the Public Works Department was present at the meeting, but an update that was prepared by that department was furnished to the Board and was available to anyone who wanted a copy. 6. Consider: ZBA21-0021, Variance to Ord. No. 480, as amended, Section 14.5.d, requiring a rear yard of not less than 40', on property described as Lot 4, Block 3, Siena — Phase One, an addition to the City of Southlake, Tarrant County, Texas, and located at 719 Portofino Place, Southlake, Texas. Current Zoning: "SF-20A" Single Family Residential District. Planner Schell presented details of the case with a slide show presentation to the Board. Applicants, Lori A. Damron-Beene and Glynn Eric Beene are requesting approval to allow an approximately 1,990 square foot addition to the principal residence to be located approximately 26' from the rear property line. 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. The applicants and owners, Lori A. Damron-Beene and Glynn Eric Beene, 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 support of the request. There being none, Chairman Medici asked if there were those in the audience who wished to speak against the request. There being none, Chairman Medici called upon the applicant or applicant's representative for a brief rebuttal. There being none, Chairman Medici closed the public hearing and opened the item for discussion from the Bored. A motion was made to approve case ZBA21-0021 noting that the variance is being granted to a minimum 35 foot rear yard rather than a minimum 40 foot rear yard. Motion: Sexton Second: Verbick Zoning Board of Adjustment Meeting Minutes — August 12, 2021 Page 2 of 4 Ayes: Medici, Treichler, Snead, King and Verbick Nays: None Abstain: None Vote: 5-0-0 Motion: Approved 7. Consider: ZBA21-0022, Special Exception Use per Ord. No. 480, as amended, Section 44.12(1) for a Domestic Employee or Family Quarters and a Special Exception Use per Ord. No. 480, as amended, Section 44.12(6) for a reduction in the required setback from property lines for a residential accessory structure on property described as Lot 13, Block 1, Whispering Dell Estates, an addition to the City of Southlake, Tarrant County, Texas, and located at 1216 Whispering Ln., Southlake, Texas. Current Zoning: "SF-1X Single Family Residential District. Planner Schell presented details of the case with a slide show presentation to the Board. The applicant, Claudia Leong, is seeking approval of a Special Exception Use per Ord. No. 480, as amended, Section 44.12(1) for a Domestic Employee or Family Quarters and a Special Exception Use per Ord. No. 480, as amended, Section 44.12(6) for a reduction in the required setback from property lines for a residential accessory structure to allow an approximately 170 square foot addition to an existing 560 square foot accessory building to be located approximately 10' from the side and rear property lines and for the existing 560 square foot building to be used as a family quarters. Accessory buildings in the "SF-1A" zoning district that are equal to or over 500 square feet must meet the required setbacks for the principal structure, which are 20' from the side and 40' from the rear property lines. The existing 560 square foot accessory building was constructed under a permit for a garage in 2004 and at that time, the sum total of all accessory buildings on a lot in the "SF-1X district could be up to 1,000 square feet and they could be located no closer than 10' from a property line in the rear yard. The existing 560 square foot garage became a legal nonconforming structure with regard to setbacks in 2007 when the zoning ordinance was amended to the current setback requirements. The garage was converted into a dwelling unit without a building permit or approval of a Special Exception use for a Domestic Employee or Family Quarters at an unknown time. Construction began on the 170 square foot addition without a permit and a stop work order has been issued. 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. The applicant and owner, Claudia Leong, 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 support of the request. There being none, Chairman Medici asked if there were those in the audience who wished to speak in opposition to the request. Karla Lee, 1214 Whispering Lane, Southlake, TX, once sworn in, spoke in opposition to the request. Chairman Medici called upon the applicant for a brief rebuttal Zoning Board of Adjustment Meeting Minutes — August 12, 2021 Page 3 of 4 Claudia Leong, the applicant and owner, presented a brief rebuttal. Chairman Medici closed the public hearing and opened the item for discussion from the Board A motion was made to deny case ZBA21-0022. Motion: Treichler Second: Snead Ayes: None Nays: Medici, Treichler, Verbick, King and Snead Abstain: None Vote: 5-0-0 Motion: Motion to deny was approved 8. Meeting Adjournment: Chairman Jeff Medici adjourned the meeting at 9:05 P.M. *A recording of this meeting will be permanently retained in the City Secretary's Office. eff M ici, Chairman ATTEST: �z—,. Andrea Parrott, Board Secretary Zoning Board of Adjustment Meeting Minutes — August 12, 2021 Page 4 of 4