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2008-03-27~r REGULAR ZONING BOARD OF ADJUSTMENT City of Southlake 1400 Main Street, Southlake, Texas Southlake, Texas 76092 MEETING DATE: March 27, 2008 MEMBERS PRESENT: Michael Waldman; John Smart; Kristin Jain, Alternate #1; Frank Cornish, Alternate 2; Anita McSweeney, Alternate #4. MEMBERS ABSENT: Lewis Miltenberger; Chairman Greg Standerfer; Vice-Chairman Vacant; Vacant, A ternate #3. STAFF PRESENT: Dennis Killough, Deputy Director Planning; Richard Schell, Planner II, Dianna Brawner, ZBA Secretary. Agenda Item # 1 Call to Order: Acting Chairman Waldman called the meeting to order at 6:37 p.m. Agenda Item # 2 Approval of the Minutes: The minutes of the February 14, 2008 Regular Zoning Board of Adjustment meeting did not pass. Motion: Jain Second: Smart Ayes: Jain, Smart Nays: None Abstain: McSweeney, Cornish, Waldman Vote: 2-0-3 Did not Pass Acting Chairman Waldman announced the Zoning Board of Adjustment would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, and consultation with the city attorney. The Zoning Board of Adjustment adjourned for Executive session at 6:40 p.m. Executive Session began at 6:42 p.m. and ended at 6:51 p.m. Agenda Item # 3 Administrative Comments: There are no submittals at this time; therefore, we have no future meetings scheduled. Agenda Item #4 ZBA Case 9540, Waiver of mandatory side yard setback requirement. Case ZBA #540, Waiver of Ordinance No. 480, Section 29.6.c requiring a minimum ten (10) foot side yard setback due to a construction error. The applicant is requesting a side yard setback of 9.2 feet. The property is located at 1220 Woodsey Court, being legally described as Lot 6, in the H Decker No. 438 Addition, and being approximately 0.513 acres. Dennis Killough reported that no (0) notices were sent with no (0) responses. , . The applicant's representative Mark Bosworth, 200 E. Continental, Southlake, Texas once sworn in, presented items to the Board and answered questions. Acting Chairman Waldman opened and closed the public hearing at 7:12 p.m. John Smart made a motion to approve ZBA Case # 540 as submitted. Motion: Smart Second: Jain Ayes: Jain, Smart, Cornish, McSweeney, Waldman Nays: None Abstain: None Vote: 5-0-0 to Approve Agenda Item #5 ZBA Case #541, Variance to the maximum height requirement for fences. Case ZBA 9541, Variance to Ordinance No. 480, Section 33.2 requiring that a fence shall not exceed eight (8) feet in height. The applicant is requesting to have a nine and one-half (9.5) foot fence along the north boundary of the property. The property is located at 705 Timber Lake Circle, being legally described as Lot 50, Block 1, Timber Lake Addition, Section 1, and being approximately 0.398 acres. Mr. Schell, Planner II, reported that three hundred seven (307) notices were sent within 200 feet with ten (10) responses, J. E. Noonan, 515 Timber Lake Dr., Southlake, Texas in favor, David Helms, 515 Timber Lake Dr., Southlake, Texas opposed, Priscilla Aikens, 1010 Lake Forest Dr., Southlake, Texas in favor, John and Sherry Pichler, 805 Shadow Glen Dr., Southlake, Texas in favor, Charles and Lavonne Wilson, 715 Timber Lake Cir., Southlake, Texas opposed, Anthony and Beth Cardillo, 808 Shorecrest Dr., Southlake, Texas in favor, Edward and Christine Graham, 704 Timber Lake Cir., Southlake, Texas opposed, William and Janet Snyder, 501 Timber Lake Cir., opposed, Timber Lake Residential Association, Inc., 1800 Preston Park Blvd., Ste. 101, Plano, Texas opposed. The applicant David Lee, 705 Timber Lake Cir., Southlake, Texas once sworn in, presented items to the Board and answered questions. Acting Chairman Waldman opened the public hearing at 7:29 p.m. Charles Wilson, 715 Timber Lake Cir., Southlake, Texas once sworn in spoke against the proposed fence on behalf of the Homeowners Association. Mr. Lee presented documents he had previously presented to the Homeowners Association in May 2005 showing that the fence was approved at that time. Board member Anita McSweeney announced she is a homeowner in this subdivision in question and stated she had no bias for or against the case and asked the applicant if he objected to her voting. The applicant responded he had no objections. Acting Chairman Waldman closed the public hearing 7:41 p.m. Kristin Jain made a motion to approve ZBA Case #541 as submitted. Motion: Jain Second: McSweeney Ayes: Cornish, McSweeney, Jain, Smart, Waldman Nays: None Abstain: None Vote: 5-0-0 to Approve Agenda Item #6 Meeting to Adjourn A motion was made to adjourn the meeting. Motion: Jain Time: 7:52 p.m. Acting airman Michael Waldman T10~ UJ Dianna Brawner ZBA Secretary NACommunity Development\ZBA\Minutes\20073-27-08.doe ZONING BOARD OF ADJUSTMENT SIGN IN SHEET Date.h, \ ` lPrint Name Address Telephone Case # l ~~v 7o yiiz~ ~l~vG Davy dt L~ t ~lCe ~'T1 C." 1 7 Y-= t3 r