2003-06-12
REGULAR ZONING BOARD OF ADJUSTMENT
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: June 12, 2003
MEMBERS PRESENT David Lambert; Alternate #2, Lewis Miltenberger, Vice-Chairman
John Reynal, Chairman Mike Sandlin, John Smart
MEMBERS ABSENT: F.C. LeVrier; Alternate #1, Ron Troy
STAFF PRESENT Ben Bryner, Planner; Shannon Land, ZBA Secretary;
Agenda Item #1 Call to Order: Chairman Sandlin, called the meeting to order at 6:31
p.m.
Agenda Item #2 Approval of the Minutes.
The minutes of the May 29, 2003 Regular Zoning Board of Adjustment meeting were
deemed approved by Chairman Sandlin as presented.
Motion: Miltenberger
Second: Smart
Ayes: 5
Nayes: 0
Abstains: 0
Vote: 5-0-0 to approve
Agenda Item #3 Administrative Comments
Ben Bryner stated that the approved procedures for amortization were provided in the
packet for this meeting. He also announced that there are meetings scheduled for June
26, 2003 and July 10, 2003. Applications for the next ZBA board are now being
accepted.
Agenda Item #4 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 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 five (5) responses were received, all in favor.
The applicant, Mark Burchfield, 504 Amanda Court, stated that the aggregate square
footage for the all accessory buildings on the subject property is 893 square feet (per the
request of the Board from the May 29, 2003 meeting). The material of the proposed
accessory building is colored corrugated metal. The applicant clarified that the plate line
of the proposed building is slightly lower than the house. Concern was expressed by the
Board regarding the number of metal structures on the site. Planner, Ben Bryner,
clarified that the number of buildings is not an issue.
Chairman Sandlin opened the public hearing at 6:44 p.m.
No one from the audience came forward to speak in favor or in opposition to this item.
Chairman Sandlin closed the public hearing at 6:45 p.m.
The findings were stated by Chairman Sandlin.
The board decided to vote on each request separately.
A motion subject to the findings was made to approve the Special Exception Use Permit
request for ZBA Case # 408 as presented.
Motion: Miltenberger
Second: Smart
Ayes: Miltenberger, Chairman Sandlin
Nays: Lambert, Reynal, Smart
Vote: 2-3 motion denied
A motion subject to the findings was made to approve the Variance request for ZBA Case
# 408 as presented.
Motion: Vice-Chairman Reynal
Second: Smart
Ayes: Miltenberger, Vice-Chairman Reynal, Chairman Sandlin
Nays: Lambert, Smart
Vote: 3-2 motion denied
Agenda Item #5 ZBA Case #410, 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 that permitted
under the accessory building requirements of the zoning district in which the property
lies. The applicant is requesting to construct a detached garage of approximately five
hundred seventy-six (576) square feet making the total square footage for accessory
buildings to be approximately six hundred ninety-nine (699) square feet.
The location is 1000 Southbend Trail, being legally described Lot 4 and a portion of Lot
3, Block 1, Southview Addition, and being approximately 0.62 acres.
Ben Bryner, planner, reported that fourteen (14) notices were sent to property owners
within 200 feet and there were five (5) responses, four (4) in favor of the request and
one (1) in favor and opposed to the request.
The applicant, Jay H. Harvey, 1000 Southbend Trail, Southlake, Texas, addressed the
board regarding the letter of opposition that stated the request is not permitted by the
covenant for Southview Estates. He stated that the garage does not face the opposing
neighbor's house and the garage is oriented the way it is for aesthetic reasons. The
applicant feels the value of the house is limited by having a two car garage. The
applicant also stated that he has met with the home owner's association and the
association has given a preliminary approval for his request. The material for the
proposed garage doors is wood.
Chairman Sandlin opened the public hearing at 7:12 p.m.
No one from the audience came forward to speak in favor or in opposition to this item.
Chairman Sandlin closed the public hearing at 7:12 p.m.
The findings were stated by Chairman Sandlin.
A motion was made to approve the applicant's ZBA Case # 410 as presented.
Motion: Smart
Second: Lambert
Ayes: Lambert, Miltenberger, Vice-Chairman Reynal, Chairman Sandlin, Smart
Nays: None
Vote: 5-0 to approve
Agenda Item #6 ZBA Case # 411 Variance to Ordinance No. 480, Section 34.2(a)
Variance to Ordinance No. 480, Section 34.2(a) requiring that accessory buildings having
a permanent foundation shall be erected no closer than ten (10) feet to a property line
located in the rear yard and Variance to Ordinance No. 480, Section 34.2(e) requiring that
accessory buildings shall not exceed one story or fourteen (14) feet in height. The
applicant is requesting to construct a detached garage being approximately six (6) feet
from the side property line and being approximately sixteen feet six inches (16' - 6") in
height.
The location is 1000 Southbend Trail, being legally described Lot 4 and a portion of Lot
3, Block 1, Southview Addition, and being approximately 0.62 acres.
Ben Bryner, planner, reported that fourteen (14) notices were sent to property owners
within 200 feet and there were four (4) responses in favor of the request and one (1) in
favor of and opposed to the request.
The applicant, Jay H. Harvey, 1000 Southbend Trail, Southlake, Texas stated that his
neighbor (directly east) is fine with the request. The applicant mentioned that extra
landscaping along the drive would help with the aesthetics of the property. The Board
questions the location of the proposed garage. The applicant replies that the size of the
garage is necessary because he has larger cars and that because of the size of the garage
the proposed location is best. He emphasizes that he is trying to preserve the aesthetic
value of the property.
Chairman Sandlin opened the public hearing at 7:25 p.m.
No one from the audience came forward to speak in favor or in opposition to this item.
Chairman Sandlin closed the public hearing at 7:25 p.m.
The findings were stated by Chairman Sandlin.
A motion subject to the findings was made to approve ZBA Case # 411 as presented.
Motion: Vice-Chairman Reynal
Second: Miltenberger
Ayes: Lambert, Miltenberger, Vice-Chairman Reynal, Chairman Sandlin, Smart
Nays: None
Vote: 5-0 to approve
Agenda Item #7 Meeting Adiourned.
A motion was made to adjourn the meeting.
Motion: Miltenberger
Time: 7:28 p.m.
(Mike Sandlin)
(Chairman)
Aannon Land
Secretary
ATTEST:
Lori Farwell
City Secretary
NACommunity Development\WP-FILES\ZBA\Minutes\2002\08-15-02.doc