2003-01-16
REGULAR ZONING BOARD OF ADJUSTMENT `
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: January 16, 2003
MEMBERS PRESENT: David Lambert, Alternate #2; F.C. LeVrier, David Lambert,
Alternate #1; Lewis Miltenberger, Vice-Chairman John Reynal, John Smart
MEMBERS ABSENT: Chairman Mike Sandlin, Ron Troy
STAFF PRESENT Ben Bryner, Planner; Shannon Land, ZBA Secretary; Dennis
Killough, Sr. Planner
Agenda Item #1 Call to Order: Vice-Chairman Reynal, called the meeting to order at
6:27pm.
Agenda Item #2 Approval of the Minutes.
The minutes of the December 12, 2002 Regular Zoning Board of Adjustment meeting
were deemed approved by Lewis Miltenberger, the Acting Chairman for that meeting
as presented.
Motion: Lambert
Second: LeVrier
Ayes: Lambert, LeVrier, Miltenberger
Nayes: None
Abstains: Smart, Reynal
Vote: 3-0-2 to approve
Agenda Item #3 Administrative Comments
Planner Ben Bryner stated that there have not been any submittals for the February 13,
2003 meeting and that the next meeting is scheduled for February 27, 2003 if submittals
are received for that meeting.
Agenda Item #4 ZBA Case # 402 Variance to Ordinance No. 480, Section 9.5 (f)
Variance to Ordinance No. 480, Section 9.5 (f) requiring a minimum lot area of four
hundred thirty-five thousand six hundred (435,600) square feet for property with "AG"
Agricultural District zoning. The applicant is requesting to have a minimum lot area of
four hundred thirty two thousand (432,000) square feet after right-of-way dedication.
The location is 2665 N. White Chapel, being legally described as Tracts 1G1 and 1E2,
situated in the Joel W. Chivers Survey, Abstract No. 350, and being approximately
10.0467 acres.
Ben Bryner, planner, reported that eleven (11) notices were sent to property owners
within 200 feet and no responses were received.
In response to questions from the board, Ben Bryner stated that the property already has
agricultural zoning and that the applicant's request allows him to maintain the current
zoning. Ben Bryner also confirmed that Tarrant County Appraisal District is accountable
for designating any tax exemptions. The applicant, Martin Schelling 2665 N. White
Chapel Blvd., Southlake, Texas reconfirmed his need for the variance so that he can plat
the property in order to obtain a building permit. He stated that his property is less than
one percent short of the square footage requirements for agricultural zoning after the city
initiated right-of-way requirement, which he considers a hardship that is due to city
regulations per the subdivision ordinance.
Vice-Chairman Reynal opened the public hearing at 6:44pm.
No one from the audience came forward to speak in favor or in opposition to this item.
Vice-Chairman Reynal closed the public hearing at 6:44pm.
The findings were stated by Vice-Chairman Reynal.
A motion subject to the findings was made to approve ZBA Case # 402 as presented.
Motion: Smart
Second: LeVrier
Ayes: Miltenberger, Lambert, Vice-Chairman Reynal, Smart, LeVrier
Nays: None
Vote: 5-0-0 to approve
Agenda Item #5 ZBA Case # 403, Variance to Ordinance No. 480, Section 33.2
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 ten (10) foot fence around
a sport court.
The location is 360 S. Peytonville Avenue, being legally described as Lot 1, Airpark
Estates, and being approximately 2.76 acres.
Ben Bryner, planner, reported that sixteen (16) notices were sent to property owners
within 200 feet and there were four (4) responses in favor of the request.
The board was informed by the applicant, Douglas Nyhoff , 1404 Mayfair Place,
Southlake, Texas, that the fence would be a black mesh netting for a multi-purpose
sport court. The applicant stated that he wanted to preserve the trees in the back of the
home and mentions that the angle of the court is due to the location of a large oak tree.
The applicant also stated that the neighbors are in support of the fence. The board
inquired about setbacks and Ben Bryner stated that it is not an issue. The board also
wanted to know if the applicant was aware of the lighting regulations and if he had
discussed the issue with his neighbors. The applicant affirmed that his neighbors are
aware of the issue. Ben Bryner stated that the applicant is most likely in accordance
with the lighting ordinance if he has a building permit.
Vice-Chairman Reynal opened the public hearing at 7:00pm.
No one from the audience came forward to speak in favor or in opposition to this item.
Vice-Chairman Reynal closed the public hearing at 7:01pm.
The findings were stated by Vice-Chairman Reynal.
A motion subject to the findings was made to approve ZBA Case # 403 as presented.
Motion: Miltenberger
Second: Lamber
Ayes: LeVrier, Smart, Vice-Chairman Reynal, Lambert, Miltenberger
Nays: None
Vote: 5-0-0 to approve
Agenda Item #6 ZBA Case # 404 Special Exception Use Permit
Special Exception Use Permit per Ordinance No. 480, Section 44.12(3) for construction
of accessory buildings or structures of a size or aggregate size greater than permitted
under the accessory building requirements of the zoning district in which the property
lies. The applicant is requesting to construct a detached accessory building of
approximately one thousand two hundred eighty seven (1,287) square feet making the
total square footage for accessory building to be one thousand seven hundred forty nine
(1,749) square feet.
The location is 600 E. Dove Road, being legally described as Tract lAl, out of the Joel
W. Chivers Survey, Abstract No. 350, and being approximately 2.00 acres.
Ben Bryner, planner, reported that ten notices were sent to property owners within 200
feet and there were three (3) responses in favor of the request.
The board requested clarification that the proposed structure is an accessory building
and not a quest house. Planner Ben Bryner provided the justification that the proposed
structure is an accessory building.
Vice-Chairman Reynal opened the public hearing at 7:19 pm.
No one from the audience came forward to speak in favor or in opposition to this item.
Vice-Chairman Reynal closed the public hearing at 7:19 pm.
The findings were stated by Vice-Chairman Reynal.
A motion subject to the findings was made to approve ZBA Case # 404 as presented.
Motion: Miltenberger
Second: Smart
Ayes: Miltenberger, Lambert, Vice-Chairman Reynal, Smart, LeVrier
Nays: None
Vote: 5-0-0 to approve
Agenda Item #7 Meeting Adjourned.
A motion was made to adjourn the meeting.
Motion: Miltenberger
Time: 7:22 pm.
(John Reynal)
(Vice-Chairman)
Shannon Land
Secretary
ATTEST:
Lori Farwell
City Secretary
NACommunity Development\WP-FILES\ZBA\Minutes\2002\08-15-02.doc