2003-07-24
OFFICIAL
RECORD
REGULAR ZONING BOARD OF ADJUSTMENT
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: July 24, 2003
MEMBERS PRESENT David Lambert; Alternate #2, Vice Chairman John Reynal,
John Smart, Ron Troy
MEMBERS ABSENT: F.C. LeVrier; Alternate #1, Lewis Miltenberger, Chairman Mike
Sandlin
STAFF PRESENT Ben Bryner, Planner; Shannon Land, ZBA Secretary;
Agenda Item #1 Call to Order: Vice Chairman Reynal called the meeting to order at
6:29 p.m.
Agenda Item #2 Approval of the Minutes.
The minutes of the July 10, 2003 Regular Zoning Board of Adjustment meeting were
deemed approved by Vice Chairman Reynal as presented.
Motion: Troy
Second: Smart
Ayes: Lambert, Smart, Troy
Nays: 0
Abstains: Reynal
Vote: 3-0-1 to approve
Agenda Item #3 Administrative Comments
Ben Bryner, planner stated that the City Council will hold a special meeting for new
city board appointments on July 29, 2003. He thanked the Zoning Board of
Adjustments members for their service.
Agenda Item #4 ZBA Case # 416 Variance to Ordiance No. 480, Section 39.4(b)
Variance to Ordinance No. 480, Section 39.4 (b) where a non-residential use abuts a
residentially zoned lot or tract or having an occupied residential dwelling, a screening
device shall be erected along the side and rear property lines abutting said residential lot
or dwelling to height of eight (8) feet. The applicant is requesting a waiver of the
screening requirement.
The location is 190 S. Peytonville Ave, being legally described as Lot 6, W.R. Eaves No.
500 Addition, and being approximately 1.349 acres.
Ben Bryner, planner, reported that five (5) notices were sent to property owners within
200 feet and one (1) response was received in opposition. He also stated that this case
was brought before the board at the July 10, 2003 meeting and it was tabled because the
applicant and the adjacent property owners needed to resolve some issues.
The applicant, Grady Herzog, Structures and Interiors, Inc., 1594 Hart Street, Southlake,
Texas, mentioned the zoning change from residential to commercial use and the proposed
cross access through the adjacent property from the subject property. He stated that the
adjacent property is on the market as a commercial lot and the screening will have to be
taken down for the cross access. He also stated that the view from Southlake Boulevard
will affect the marketability of the adjacent property. The board requested information
regarding what changes have been made since the previous meeting to resolve the issues
with the adjacent property owner. Mr. Horzog stated that the grade level was raised and
the swale was improved. The water from the roof is piped into the retention pond. The
swale extends the full length of the property along the south side. The applicant justifies
these changes because the main reason the adjacent property owner wanted the screening
was because of the drainage problems that they are having on their property.
Vice Chairman Reynal opened the public hearing at 6:42 p.m.
Louise and Vicky Davis, 200 S. Peytonville, Southlake Texas, came forward to state that
they are no longer opposed to the request. They want the contractor to hold to his word
and currently the drainage issue is fixed. They don't want to have to invest in having to
tear down the screen at a later date.
Vice Chairman Reynal closed the public hearing at 6:45 p.m.
Ben Bryner, Planner, stated that staff has no problem with the agreement that the
applicant and the adjacent property owners have come to. The Board agrees that it would
not make sense to have to put up the screen when it will have to be torn down because the
adjacent property is zoned for commercial use.
The findings were stated by Vice Chairman Reynal
A motion subject to the findings was made to approve the Variance to Ordinance No.
480 Section 39.4 (b) for ZBA Case # 416 as presented.
Motion: Smart
Second: Lambert
Ayes: Lambert, Smart, Vice Chairman Reynal, Troy
Nays: 0
Vote: 4-0 to approve
Agenda Item #5 ZBA Case #417 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 an accessory building of approximately six
hundred ninety-nine (699) square feet and add three hundred ninety-one (391) square feet
to an existing detached garage of approximately seven hundred nine (709) square feet
making the total square footage for all accessory buildings to be approximately one
thousand seven hundred ninety-nine (1,799) square feet.
The location is 407 Lafayette Park, being legally described as Lot 4, Block 1, The
Dominion, and being approximately 0.48 acre.
Ben Bryner, planner, reported that seventeen (17) notices were sent to property owners
within 200 feet and there were six (6) responses all in favor.
The applicant, David Simonak, 407 Lafayette Park, Southlake, Texas, stated that he
needs more work space and it would also serve as a space to hide items that would be
an eyesore. He mentioned that the added garage space would resolve the drainage
issues on his property. The gazebo would not be a living space, it is a space to
entertain away from the back door. There is no bathroom facility in the gazebo. The
board questioned the rear door and the applicant state that it would be easier to move a
utility storage cabinet and the tractor in and out of the garage into the backyard.
Vice Chairman Reynal opened the public hearing at 7:01 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 7:02 p.m.
The Board stated that the request would be an improvement to the property and that the
applicant's packet and presentation was impressive.
The findings were stated by Vice Chairman Reynal.
A motion was made to approve the applicant's ZBA Case # 417 as presented.
Motion: Smart
Second: Troy
Ayes: Lambert, Smart, Vice-Chairman Reynal, Troy
Nays: 0
Vote: 4-0 to approve
Agenda Item #6 Meeting Adjourned.
A motion was made to adjourn the meeting.
Motion: Troy
Time: 7:04 p.m.
(J Reynal)
j ice-Chairman)
r ~ i.x., r i e.~ c~vr
Secretary
ATTEST:
Lori Farwell
City Secretary
NACommunity Development\WP-FILES\ZBA\Minutes\2002\08-15-02.doc