2003-05-29
REGULAR ZONING BOARD OF ADJUSTMENT
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: May 29, 2003
MEMBERS PRESENT: Alternate #2; F.C. LeVrier, Lewis Miltenberger, Vice-Chairman
John Reynal, John Smart
MEMBERS ABSENT: Chairman Mike Sandlin, Ron Troy, David Lambert, Alternate #1
STAFF PRESENT Ben Bryner, Planner; Shannon Land, ZBA Secretary;
Agenda Item #1 Call to Order: Vice-Chairman Reynal, called the meeting to order at
6:30 p.m.
Agenda Item #2 Approval of the Minutes.
The minutes of the January 16, 2003 Regular Zoning Board of Adjustment meeting were
deemed approved by Lewis Miltenberger, the Acting Chairman for that meeting as
presented.
Motion: Miltenberger
Second: Smart
Ayes: 4
Nayes: 0
Abstains : 0
Vote: 4-0-0 to approve
Agenda Item #3 Administrative Comments
Ben Bryner stated that there are submittals for the next two scheduled meetings.
Agenda Item #4 ZBA Case # 407 Special Exception Use Permit per Ordinance No.
480, Section 44.12(3), Variance to Ordinance No. 480, Section 34.2(e)
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 that permitted
under the accessory building requirements of the zoning district in which the property lies
and a Variance to Ordinance No. 480, Section 34.2(e) requiring that the accessory
buildings shall not exceed one story or fourteen (14) feet in height. The applicant is
requesting to construct a detached garage with approximately one thousand four hundred
fourteen (1,414) square feet of floor area and a height of approximately sixteen (16) feet.
The location is 1038 Diamond Boulevard, being legally described as Lot 9, Diamond
Circle Estates, and being approximately 1.083 acres.
r Ben Bryner, planner, reported that twelve (12) notices were sent to property owners
within 200 feet and six (6) responses were received, five (5) in favor, and one (1)
undecided.
In response to questions from the board the applicant Fred DeCinit, 1038 Diamond
Boulevard, Southlake, Texas, reassured the board that he is taking great care to match the
brick of the current residence to the proposed building. He also stated that there would
no be any plumbing or electrical service to the building. Chairman Reynal emphasized
that the proposed building not be used for a business.
Vice-Chairman Reynal opened the public hearing at 6:48 p.m.
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 6:48p.m.
The findings were stated by Vice-Chairman Reynal.
A motion subject to the findings was made to approve ZBA Case # 407 as presented.
Motion: Miltenberger
Second: Smart
Ayes: 4
Nays: 0
Vote: 4-0 to approve
Agenda Item #5 ZBA Case # 408, Special Exception Use Permit per Ordinance No.
480, Section 44.12 (3),Variance to Ordinance No. 480, Section 34.2(b)
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
that permitted under the accessory building requirements of the zoning district in which
the property lies and a Variance to Ordinance No. 480, Section 34.2(b) requiring that
no accessory buildings shall be erected within ten (10) feet of any other building, except
that detached residential garages may be located not closer than five (5) feet to the main
dwelling. The applicant is requesting to construct a carport of approximately six
hundred twenty-four (624) square feet approximately one (1) foot from the house
The location is 600 Overland Trail, being legally described as Lot 1, Block 1, Vista
Trails Addition, and being approximately 0.51 acres.
Ben Bryner, planner, reported that twelve (12) notices were sent to property owners
within 200 feet and there were five (5) responses in favor of the request. Ben Bryner
presented the case. The board was requesting information on the total square footage
for all accessory buildings on the applicant's property. The applicant did not have the
information available.
Vice-Chairman Reynal opened the public hearing at 7:09 p.m.
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 7:10 p.m.
A motion was made to approve the applicant's request to table ZBA Case # 408 as
presented to the June 16, 2003 meeting in order to give the applicant time to provide
more information regarding the request.
Motion: Miltenberger
Second: Smart
Ayes: 4
Nays: 0
Vote: 4-0 to table until the June 16, 2003 meeting.
Agenda Item #6 ZBA Case # 409 Special Exception Use Permit per Ordinance No.
480, Section 44.12(3)
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 the
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 nine hundred fifty (1,950) square feet.
The location is 601 Garden Court, being legally described as Lot 1, Block 1, Garden
Addtion, and being approximately 1.01 acres.
Ben Bryner, planner, reported that eleven (11) notices were sent to property owners
within 200 feet and there were four (4) responses in favor of the request.
The applicant, Benjamin Allen, 601 Garden Court, Southlake, Texas, stated that the
accessory use is for a game room and ties into an overall master plan for a new pool.
Vice-Chairman Reynal opened the public hearing at 7:41 p.m.
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 7:41 p.m.
The findings were stated by Vice-Chairman Reynal.
A motion subject to the findings was made to approve ZBA Case # 409 as presented.
Motion: Miltenberger
Second: Smart
Ayes: 4
Nays: 0
Vote: 4-0 to approve
Agenda Item #7 Consider Adoption of Rules of Procedure for the processing of
request for discontinuance or amortization of legal non-conforming uses.
Motion: Miltenberger
Second: Smart
Ayes: 4
Nays: 0
Vote: 4-0 to approve
Agenda Item #8 Meeting Adjourned.
A motion was made to adjourn the meeting.
Motion: Miltenberger
Time: 8:21 p.m.
(John Reynal)
(Vice-Chairman)
Shannon Land
Secretary
ATTEST:
Lori Farwell
City Secretary
NACommunity Development\WP-FILES\ZBA\Minutes\2002\08-15-02.doc