2003-10-30
• OFFICIAL RECORD
REGULAR ZONING BOARD OF ADJUSTMENT
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: October 30, 2003
MEMBERS PRESENT: Chairman Lewis Miltenberger, Vice Chairman John Reynal,
John Smart, Rick Stacy, Darrell Faglie, Al Morin Alternate #1, and David Lambert
Alternate #2
MEMBERS ABSENT: None
STAFF PRESENT: Ben Bryner, Planner; Lorrie Fletcher, ZBA Secretary; Lesli
Bailey, ZBA Assistant
Agenda Item #1 Call to Order: Chairman Miltenberger called the meeting to order at
6:28 p.m. and read the meeting format outline.
Agenda Item #2 Approval of the Minutes:
The minutes of the October 16, 2003 Regular Zoning Board of Adjustment meeting were
deemed approved by Chairman Miltenberger as presented.
Motion: Stacy
Second: Smart
Ayes: Morin, Stacy, Reynal, Smart, Faglie, Miltenberger
Nays: None
Vote: 6-0 to Approve
Agenda Item #3 Administrative Comments:
Ben Bryner announced the Zoning Board of Adjustment meeting scheduled for
November 13, 2003. He also stated the voting process for ZBA in regard to the
alternate members' participation.
Agenda Item #4 ZBA Case # 419 Special Exception Use Permit per Ordinance No.
480, Section 44.12 (3) and a Variance to Ordinance No. 480, Section 34.2 (e):
Special Exception Use Permit per Ordinance No. 480, Section 44.12 (3), permitting the
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), for the
construction of an accessory building greater than one story or fourteen (14) feet in
height. The applicant is requesting to construct a detached garage of approximately three
thousand (3,000) square feet with the proposed garage having a height of approximately
seventeen (17) feet.
The location is 3105 Florence Road, being legally described as Lot 8, Block 1, The
Woods Addition, and being approximately 2.5 acres.
Ben Bryner, planner, reported that Twenty-one (21) notices were sent to property owners
within 200 feet and two (2) responses were received; one (1) in favor, and one (1)
undecided.
The applicants, Rick Maddux and Rick Figueroa from RM Construction presented this
item to the Board.
David Lambert arrived (6:35)
Chairman Miltenberger opened the public hearing to those in favor at 6:53:35 p.m.
No one in the audience came forward to speak.
Chairman Miltenberger opened the public hearing to those in opposition at 6:53:51 p.m.
Sondra Hart, 2904 Sutton Place, Southlake, TX was concerned about the existing
drainage problem and felt this project would intensify what has been happening to her
property.
Omar Galindo, 2120 Cumberland Trail, Southlake, TX was concerned about the size and
height of the building. He also stated the building proposed looked like a warehouse. He
felt the building was intrusive and unsightly. He would like to see different material used
to make the building more compatible with the house. He stated his concern for drainage.
He said the fence was ten (10) feet tall; and sited Variance No. 362. He said he would
like to see as many trees saved as possible.
Mark Patterson, 2124 Cumberland Trail, Southlake, TX was also concerned about the
drainage and the appearance of the proposed building. He said he would like to see trees
saved by moving the project further north on the property. He stated he was open to
compromise. When asked how tall the fence was on the south boundary, he said ten (10)
feet.
Chairman Miltenberger closed the public hearing at 7:22:48 p.m., and called the
Applicant's forward for rebuttal.
Rick Figueroa and Rick Maddux held discussion with the Board about different aspects
of the project that could be changed. The Applicant requested to table their item until
November 13, 2003.
A motion was made to table the Special Exception Use Permit per Ordinance No. 480,
Section 44.12 (3) and Variance to Ordinance No. 480, Section 34.2 (e) for ZBA Case
#419 until November 13, 2003.
Motion: Stacy
Second: Smart
Ayes: Stacy, Reynal, Smart, Faglie, Miltenberger
Nays: None
Vote: 5-0 to Table Approved
The Zoning Board of Adjustments continued with their suggestions to the Applicant's
for changes in this proposal. The Board recommended the Applicants look into the
drainage concerns of the adjacent residents to ensure their proposed building would not
intensify the problem.
Agenda Item #5 Meeting Adjourned:
A motion was made to adjourn the meeting.
Motion: Stacy
Second: Reynal
Time: 7:37:07
Le is Miltenberger
C Chairman
Lorrie Fletcher
ZBA Secretary
ATTEST:
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Lori Farwell ,
City Secretary °
N:Tommunity Development\WP-FILES\ZBA\Minutes\2003\10-30-03.doc