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2008-05-15REGULAR ZONING BOARD OF ADJUSTMENT City of Southlake 1400 Main Street, Southlake, Texas Southlake, Texas 76092 MEETING DATE: May 15, 2008 MEMBERS PRESENT: Lewis Miltenberger; Chairman Greg Standerfer; Michael Waldman; Jo Smart; Kristin Jain, Alternate #2; Anita McSweeney, Alternate #4. MEMBERS ABSENT: Vice-Chairman Vacant; Alternate #1; Frank Cornish, Vacant, A ternate 3. STAFF PRESENT: Dennis Killough, Deputy Director Planning; Richard Schell, Planner II, Dianna Brawner, ZBA Secretary. Agenda Item # I Call to Order: Chairman Standerfer called the meeting to order at 6:30 p.m. Agenda Item # 2 Approval of the Minutes: The minutes of the February 14, 2008 and March 27, 2008 Regular Zoning Board of Adjustment meetings were deemed approved. Motion: Miltenberger Second: Jain Ayes: McSweeney, Miltenberger, Waldman, Jain, Smart, Chairman Standerfer Nays: None Abstain: None Vote: 6-0-0 to Approve Agenda Item # 3 Administrative Comments: Dennis Killough stated the next meeting is scheduled for May 29, 2008 and at that meeting our attorney will be present for the adoption of new rules and procedures. Dennis also announced that Mr. Miltenberger, Mr. Waldman, Ms. McSweeney, and Mr. Cornish terms are up and they can turn their paperwork in to the City Secretary's office. The Council will not make any appointments until they resolve the council contested seat in the June runoff. Agenda Item #4 ZBA Case #542A, Special Exception Use Permit for family quarters. Case ZBA #542A, Special Exception Use Permit per Ordinance No. 480, Section 44.12 (1) for family quarters. The applicant is requesting to place one (1) family quarters building behind the existing residence. The property is located at 955 E. Dove Road, being legally described as Lot 2, in the A. H. Chivers No. 299 Addition, and being approximately 1.993 acres. Richard Schell reported that sixteen (16) notices were sent within 200 feet with one (1) response Larry Jo Worley, 925 E. Dove Rd., Southlake, Texas in favor. The applicant's representative, Kosse Maykus, 608 Chapel Ct., Southlake, Texas once sworn in, presented items to the Board and answered questions. Chairman Standerfer opened and closed the public hearing at 6:52 p.m. Lewis Miltenberger made a motion to approve ZBA Case # 542A as submitted based upon the condition the septic system be in compliance as required by the City. Motion: Miltenberger Second: Jain Ayes: Jain, Smart, McSweeney, Miltenberger, Waldman, Chairman Standerfer Nays: None Abstain: None Vote: 6-0-0 to Approve Agenda Item #5 ZBA Case #542B, Variance to the minimum side yard setback requirement. Case ZBA #542B, Variance to Ordinance No. 480, Section 11.5 (c) requiring a twenty (20) foot side yard setback. The applicant is requesting to place one (1) family quarters building behind the existing residence with a side yard setback of 8.8 feet. The property is located at 955 E. Dove Road, being legally described as Lot 2, in the A. H. Chivers No. 299 Addition, and being approximately 1.993 acres. Richard Schell reported that sixteen (16) notices were sent within 200 feet with one (1) response Larry Jo Worley, 925 E. Dove Rd., Southlake, Texas in favor. The applicant's representative, Kosse Maykus, 608 Chapel Ct., Southlake, Texas once sworn in, presented items to the Board and answered questions. Chairman Standerfer opened and closed the public hearing at 6:52 p.m. Michael Waldman made a motion to approve ZBA Case #542B with the stipulation the side yard setback is 10 feet in lieu of the 8.8 foot as in the original application. Motion: Waldman Second: Smart Ayes: McSweeney, Miltenberger, Waldman, Jain, Chairman Standerfer Nays: Smart Abstain: None Vote: 5-1-0 to Approve A ends Item #6 ZBA Case #543, Special Exception Use Permit for portable buildings. Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for portable buildings. The applicant is requesting to place two (2) portable buildings at Old Union Elementary School for education classrooms. The property is located at 1050 South Carroll Avenue, being legally described as Lot 1, Block 1 Carroll ISD No. 5 Addition, and being approximately 16.081 acres. Richard Schell reported that forty-two (42) notices were sent within 200 feet with four (4) responses Thinh & Janet Nguyenphu, 612 Lorraine Dr., Southlake, Texas opposed, Kenneth & Delores Cheatham, 704 Lorraine Dr., Southlake, Texas in favor, Julia & James Molduene, 706 Lorraine Dr., Southlake, Texas opposed, Edward J. & Donna T. Adams, 1203 Lorraine Dr., Southlake, Texas undecided. The applicant's representative, Chauncey Willingham, 1340 N. Shady Oaks, Southlake, Texas once sworn in presented items to the Board and answered questions. Board member Kristen Jain announced she is on a long range facility planning committee that is presently evaluating school capacity for future classroom needs. Chairman Standerfer ask that Ms. Jain go ahead and remove herself for the remainder of this meeting in that there is no conflict of interest, which she promptly complied to his request. Chairman Standerfer opened and closed the public hearing at 7:18 p.m. Lewis Miltenberger made a motion to approve ZBA Case #543 as presented. Motion: Miltenberger Second: Smart Ayes: Smart, Waldman, Miltenberger, McSweeney, Chairman Standerfer Nays: None Abstain: None Vote: 5-0-0 to Approve Agenda Item #7 ZBA Case #544, Special Exception Use Permit for portable buildings. Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for portable buildings. The applicant is requesting to place one (1) portable building at Durham Intermediate School for education classrooms. The property is located at 801 Shady Oaks Drive, being legally described as Lot 1, Block I Carroll ISD No. 1 Addition, and being approximately 30.475 acres. Richard Schell reported that twenty-four (24) notices were sent within 200 feet with one (1) response William F. Jackson Jr., 404 W Chapel Downs Dr., Southlake, Texas in favor. The applicant's representative, Chauncey Willingham, 1340 N. Shady Oaks, Southlake, Texas once sworn in presented items to the Board and answered questions. Chairman Standerfer opened and closed the public hearing at 7:19 p.m. Lewis Miltenberger made a motion to approve ZBA Case #544 as presented. Motion: Miltenberger Second: Smart Ayes: Smart, Waldman, Miltenberger, McSweeney, Chairman Standerfer Nays: None Abstain: None Vote: 5-0-0 to Approve Agenda Item #8 ZBA Case #545, Special Exception Use Permit for portable buildings. Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for portable buildings. The applicant is requesting to place one (1) portable building at Johnson Elementary School for education classrooms. The property is located at 1301 N. Carroll Avenue, being legally described as Lot 13, F. Throop No. 1511 Addition, and being approximately 14.75 acres. Richard Schell reported that twenty-four (24) notices were sent within 200 feet with no (0) responses. The applicant's representative, Chauncey Willingham, 1340 N. Shady Oaks, Southlake, Texas once sworn in presented items to the Board and answered questions. Chairman Standerfer opened and closed the public hearing at 7:20 p.m. Lewis Miltenberger made a motion to approve ZBA Case #545 as presented. Motion: Miltenberger Second: Smart Ayes: Smart, Waldman, Miltenberger, McSweeney, Chairman Standerfer Nays: None Abstain: None Vote: 5-0-0 to Approve Agenda Item #9 Meeting to Adjourn A motion was made to adjourn the meeting. Motion: Standerfer Time: 7:26 p.m. Dianna Brawner ZBA Secretary Chairman Gr Standerfer C:: NACommunity Development\ZBA\Minutes\2008\5-15-08.doc ZONING BOARD OF ADJUSTMENT SIGN IN SHEET . cob Date: - Print Name Address Telephone Case # lit/i ' lIl 3 D 2 5/7 ,Z ,-3~