2003-11-13
REGULAR ZONING BOARD OF ADJUSTMENT
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: November 13, 2003
MEMBERS PRESENT: Chairman Lewis Miltenberger, Vice Chairman John Reynal,
John Smart, Rick Stacy, Darrell Faglie, and David Lambert Alternate #2
MEMBERS ABSENT: Al Morin Alternate #1
STAFF PRESENT: Ben Bryner, Planner; Lorrie Fletcher, ZBA Secretary
Agenda Item #1 Call to Order: Chairman Miltenberger called the meeting to order at
6:29 p.m. and read the meeting format outline.
Agenda Item #2 Approval of the Minutes:
The minutes of the October 30, 2003 Regular Zoning Board of Adjustment meeting were
deemed approved by Chairman Miltenberger as presented.
Motion: Reynal
Second: Smart
Ayes: Stacy, Reynal, Smart, Faglie, Lambert, Miltenberger
Nays: None
Vote: 6-0 to Approve
Agenda Item #3 Administrative Comments:
Ben Bryner announced there would not be a meeting on November 27, 2003, due to the
Thanksgiving holiday; he also stated the December schedule.
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
eighteen (18) 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 three (3) responses were received; one (1) in favor, one (1)
undecided, and one (1) opposed.
The Applicant, Rick Maddux and the Owner, Armend Faggioni presented this item to the
Board.
The following amendments to the original application were proposed:
1) Mr. Faggioni agrees to brick all (4) four sides of building full height.
2) Mr. Faggioni agrees to raise pitch up to 2:12 slope in lieu of %2:12 slope, and put a
Super Span 20 year (SMP) Silicone Polyester paint finish with color as close as
possible to roof on house.
3) Mr. Faggioni has asked his homebuilder to accommodate the city by grading the
area where the drainage problem exists and he has agreed.
Chairman Miltenberger opened the public hearing to those in favor at 6:55:23 p.m.
No one in the audience came forward to speak.
Chairman Miltenberger opened the public hearing to those in opposition at 6:55:37 p.m.
Mark Patterson, 2124 Cumberland Trail, Southlake, TX felt the application for the size of
the proposed building was excessive. He also stated his concern for drainage.
Sondra Hart, 2904 Sutton Place, Southlake, TX stated she continues to have an issue with
the fence and the drainage on the northeast side of the fence where her property is
located.
Omar Galindo, 2120 Cumberland Trail, Southlake, TX spoke about drainage issues, also
spoke about the roof pitch. He was concerned about the appearance of the building over
the 8 foot fence from his backyard.
Chairman Miltenberger closed the public hearing at 7:17:30 p.m., and called the
Applicant forward for rebuttal.
Armend Faggioni, Owner and Applicant, talked about his plans to help correct the
drainage issues. He discussed the size of his proposed building and offered to plant trees
to help with the view. He stated he does not want to move the building due to landscape
plans for the backyard.
Chairman Miltenberger called for discussion from the Board.
A motion was made to deny 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.
Motion: Stacy
Second: Reynal
Ayes: Reynal, Smart, Faglie, Stacy, Miltenberger
Nays: None
Vote: 5-0 to Deny
Agenda Item #5 ZBA Case # 420, 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 add two hundred seventy-six (276) square feet to an
existing accessory building of approximately seven hundred twenty (720) square feet
making the total square footage for all accessory buildings to be approximately one
thousand eight hundred twenty-six (1,826) square feet.
Agenda Item #6, ZBA Case # 421, Special Exception Use Permit per Ordinance No.
480, Section 44.12 (1): Special Exception Use Permit per Ordinance No. 480, Section
44.12 (1), for servant/family quarters. The applicant is requesting to have a family
quarter in a proposed accessory building of approximately nine hundred ninety-six (996)
square feet.
The location is at 906 Shady Lane, being legally described as Tracts 5134 & 5D,
situated in the S. Freeman Survey, Abstract No. 525, and being approximately 1.57
acres.
Ben Bryner, planner, reported that Fourteen (14) notices were sent to property owners
within 200 feet and two (2) responses were received being opposed.
The Applicant, David Woods (representing Owner, Eric Smith) presented these items to
the Board. He opened for questions from the Board. Discussion was made concerning
tearing down of the structure that is causing the need for this variance. The Board was
suggesting the tabling of this item since the variance may not be necessary. The
Applicant requested to table.
Vice Chairman Reynal motioned to table ...Mr . Stacy suggested opening the public
hearing to ensure the applicant addresses any issues with the neighbors before returning
with his application.
Chairman Miltenberger opened the public hearing at 7:44 p.m.
Pat and Wayne Johnson, 909 N. Shady Lane, Southlake, TX spoke in opposition of the
out building that the applicant proposes to enlarge. They were concerned about the future
use of the building, i.e., rental. They stated work had started before permits were issued.
Chairman Miltenberger closed the public hearing at 7:48:47 p.m., and called the
Applicant forward for rebuttal. The Applicant did not choose to speak.
A motion was made to table the Special Exception Use Permit per Ordinance No. 480,
Section 44.12 (3) for ZBA Case #420 and the Special Exception Use Permit per
Ordinance No. 480, Section 44.12 (1) for ZBA Case #421 until December 11, 2003.
Motion: Reynal
Second: Smart
Ayes: Smart, Faglie, Stacy, Reynal, Miltenberger
Nays: None
Vote: 5-0 to Table until December 11, 2003.
Agenda Item #7, ZBA Case # 422, Special Exception Use Permit per Ordinance No.
480, Section 44.12 JL: 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 add approximately four
hundred eighty (480) square feet to an existing detached garage of approximately four
hundred eighty (480) square feet making the total square footage of the accessory
building to be approximately nine hundred sixty (960) square feet.
The location is at 1201 Scenic Drive, being legally described as Lot 12, Block 2,
Continental Park Estates, and being approximately 0.7 acres.
Ben Bryner, planner, reported that Thirteen (13) notices were sent to property owners
within 200 feet and no (0) responses were received.
The Applicant and Owner Larry Smith presented this item to the Board.
Chairman Miltenberger opened the public hearing at 8:14:08 p.m.
No one in the audience came forward to speak.
Chairman Miltenberger closed the public hearing at 8:14:18 p.m.
A motion was made to approve the Special Exception Use Permit per Ordinance No.
480, Section 44.12 (3) for ZBA Case #422; acknowledging that the expansion of 24' x
20' (480 square feet) will be between the house and the existing garage.
Motion: Stacy
Second: Smart
Ayes: Faglie, Stacy, Reynal, Smart, Miltenberger
Nays: None
Vote: 5-0 to Approve
Agenda Item #8 Meeting Adjourned:
A motion was made to adjourn the meeting.
Motion: Reynal
Time: 8:15:46 p.m.
. C A'~j
ewis Miltenberger
Chairman
Lorrie Fletcher
ZBA Secretary
N:Tommunity Development\WP-FILES\ZBA\Minutes\2003\ 11- 13-03.doc