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2021-09-30 ZBA Minutes©CITY OF SOUTHLAKE TEXAS ZONING BOARD OF ADJUSTMENT MEETING: September 30, 2021 LOCATION: 1400 Main Street, Southlake, Texas Regular Session - City Council Chambers of Town Hall Members Present: Board members: Chair Jeff Medici, Vice Chair David Treichler, Michael Quinones- Place 1, Trey Verbick- Place 3, Robert Kemins- Alternate 2 and Alex Sexton - Alternate 4. Members Absent: Board members: Board Member Heather King — Place 4, Britton Wells - Alternate 1, and Clinton Snead —Alternate 3 Staff Present: Dennis Killough, Deputy Director of Planning & Development Services, Richard Schell, Principal Planner, Miranda Picklesimer, Board Secretary and Carol Nemoto, Board Secretary REGULAR SESSION: 1. Call to Order: Chairman Medici called the Regular Session to order at 6:32 P.M. 2. Executive Session: No Executive Session was held. 3. Approval of the Minutes: Chairman Medici opened the discussion of the minutes of the Zoning Board of Adjustment meeting held on August 12, 2021. A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on August 12, 2021. Motion: Sexton Second: Kemins Ayes: Medici, Treichler, Quinones, Verbick, Kemins, Sexton Nays: None Abstain: None Vote: 6-0-0 Motion: Approved 4. Administrative Comments: Richard Schell, Principal Planner, announced that next scheduled Board of Adjustments meeting is October 141 and that there are two submittals for that meeting. 5. Consider: ZBA21-0015, 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 6, Block 3, Emerald Estates, an addition to the City of Southlake, Tarrant County, Texas, and located at 2404 Taylor St., Southlake, Texas. Zoning Board of Adjustment Meeting Minutes — September 30, 2021 Page 1 of 5 Current Zoning: "SF-1A" Single Family Residential District. The applicant has requested to table this item to the November 11, 2021 Zoning Board of Adjustment meeting. A motion was made to Table case ZBA21-0015 the item to the November 11, 2021 meeting. Motion: Kemins Second: Quinones Ayes: Medici, Treichler, Quinones, Verbick, and Kemins Nays: None Abstain: None Vote: 6-0-0 Motion to table: Approved 6. ZBA21-0023, 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 -IA" Single Family Residential District. PUBLIC HEARING Planner Schell presented details of the case with a slide show presentation to the Board. The applicant, Claudia Leong, is to seek approval of 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. 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-1A" 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. Construction began on the 170 square foot addition without a permit and a stop work order has been issued. 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. 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 was denied by the Zoning Board of Adjustment on August 13, 2021. The applicant is no longer seeking approval of a Special Exception Use per Ord. No. 480, as amended, Section 44.12(1) for a Domestic Employee or Family Quarters, so the request for the setback reduction is considered a new application and not a Case No. ZBA21-0023 reapplication. The building must be configured so that it does not meet the definition of a separate dwelling unit and the building cannot be used as a dwelling unit or guest house. A dwelling unit is defined as "a building or portion of a building which is arranged, occupied, or intended to be occupied as living quarters for one family and including facilities for Zoning Board of Adjustment Meeting Minutes — September 30, 2021 Page 2 of 5 food preparation and sleeping." The plans must be revised prior to issuance of a building permit to remove all references to "guest house" and "living area'. 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. Qasim Mushtaq, 1212 Whispering Lane, Southlake, TX, once sworn in, spoke 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. Claudia Leong, the applicant and owner, presented a brief rebuttal and presented a survey at the time of purchase in 2010. Chairman Medici closed the public hearing and opened the item for discussion from the Board. A motion was made to approve case ZBA21-0023. Motion: Treichler Second: Quinones Ayes: Quinones, Treichler Nays: Medici, Verbick, and Kemins Abstain: None Vote: 2-3-0 Motion: Motion to approve failed to receive the four votes required to approve the request and the request was therefore deemed denied. 7. Consider: ZBA21-0024, Special Exception Use per Ord. No. 480, as amended, Section 44.12(7) for an accessory building located forward of the principal building on the lot on property described as Lot 4R1, Block 7, Grace Estates, an addition to the City of Southlake, Tarrant County, Texas, and located at 3360 Hillside Dr., Southlake, Texas. Current Zoning: "SF- 1A" Single Family Residential District. Planner Schell presented details of the case with a slide show presentation to the Board. The applicant, Spencer Taylor is requesting approval of a Special Exception Use for an accessory structure forward of the principal building on the lot to allow a new pool to be located Zoning Board of Adjustment Meeting Minutes — September 30, 2021 Page 3 of 5 forward of the principal residence. A pool that currently exists forward of the principal residence is a nonconforming structure. It is unknown when the pool was constructed. The property owner is proposing to remove and fill in the existing pool and to construct a new pool closer to the home. 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, Spencer Taylor, 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. There being none, Chairman Medici asked if there were those in the audience who wished to speak in opposition to 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 ZBA21-0024 Motion: Verbick Second: Kemins Ayes:,Medici, Treichler, Quinones, Verbick and Kemins Nays: None Abstain: None Vote: 5-0-0 Motion: Approved 8. Consider: ZBA21-0025, Variance to Zoning Ordinance No. 480, as amended, Section 11.5.c requiring a side yard of not less than 20' on property described as Lot 1, Block 2, Continental Park Estates, an addition to the City of Southlake, Tarrant County, Texas, and located at 1213 Timber Ct., Southlake, Tarrant County, 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, James Borden, is requesting for a Variance to Zoning Ordinance No. 480, as amended, Section 11.5.c requiring a side yard of not less than 20' to allow an approximately 1,173 square foot one-story addition to the principal residence to be constructed approximately 12' from the side lot line was approved by the Zoning Board of Adjustment (5-0) on August 13, 2020 (ZBA20-0008). The applicant has decided to add an additional 525 square feet to the previously approved addition. The request is now for a Variance to Zoning Ordinance No. 480, as amended, Section 11.5.c requiring a side yard of not less than 20' to allow an approximately Zoning Board of Adjustment Meeting Minutes — September 30, 2021 Page 4 of 5 1,698 square foot one-story addition to the principal residence to be constructed approximately 12' from the side lot line. The addition is still in the permitting stage of development. 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, James Borden and Adrian Borden, 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. There being none, Chairman Medici asked if there were those in the audience who wished to speak in opposition to 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 ZBA21-0025. Motion: Kemins Second: Quinones Ayes:,Medici, Treichler, Quinones, Verbick and Kemins Nays: None Abstain: None Vote: 5-0-0 Motion: Approved 9. Meeting Adjournment: Chairman Jeff Medici adjourned the meeting at 8:27 P.M. "A recording of this meeting will be permanently retained in the City Secretary's Office. TO fAvedici, Chairman TTEST: Miranda Picklesimer, Board Secretary Zoning Board of Adjustment Meeting Minutes — September 30, 2021 Page 5 of 5