2004-08-12
REGULAR ZONING BOARD OF ADJUSTMENT
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: August 12, 2004
MEMBERS PRESENT: Lewis Miltenberger, Chairman; Donald Coonan, Vice-Chairman;
Darrell Faglie; John Smart; Robert Hudson, Alternate #1; David Lambert, Alternate #2;
Michael Waldman, Alternate #3; Danny Mayer, Alternate #4.
MEMBERS ABSENT: Rick Stacy
STAFF PRESENT: Ken Baker, Interim Planning Director; Dennis Killough, Senior
Planner; Ben Bryner, Planner; Jennifer Gonzales, ZBA Secretary.
Agenda Item #1 Call to Order: Chairman Miltenberger called the meeting to order at
6:27:44 p.m.
Agenda Item #2 Administration of the Oath of Office for newly appointed and
reappointed Board of Adjustment members: Lewis Miltenberger, Chairman; Donald
Coonan, Vice Chairman; Robert Hudson, Alternate #1; David Lambert, Alternate #2; Michael
Waldman, Alternate #3; Danny Mayer, Alternate #4 received the Oath of Office.
Agenda Item #3 Approval of the Minutes:
The minutes of the June 24, 2004 Regular Zoning Board of Adjustment meeting were
deemed approved by Chairman Miltenberger as presented.
Motion: Faglie
Second: Smart
Ayes: Hudson, Coonan, Smart, Faglie, Miltenberger.
Nays: None
Vote: 5 - 0 to Approve
Agenda Item #4 Administrative Comments:
Mr. Bryner, planner, announced that before we start with the first case we will have
Chairman Miltenberger swear in those in the audience who will be participating tonight.
Chairman Miltenberger swore in the audience.
Chairman Miltenberger read the meeting format outline.
Agenda Item #5 ZBA Case # 435, Special Exception Use Permit for an accessory
building of a size greater than permitted in the zoning district:
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 and cabana of approximately two
thousand five hundred sixty-one (2,561) square feet making the total area for all accessory
buildings approximately three thousand four hundred twenty-five (3,425) square feet.
The property is located at 2145 N. Peytonville Avenue, being legally described as Lot L,
Block 1, Old Orchard Country Estates, and being approximately 2.951 acres.
Mr. Bryner reported that Nine (9) notices were sent to property owners within 200 feet.
Four (4) responses were received in favor.
The applicant Scott Lepp, 2145 Peytonville Ave, Southlake, TX, presented this item to the
Board.
Chairman Miltenberger opened the public hearing at 6:51:27 p.m.
Chairman Miltenberger closed the public hearing at 6:51:59 p.m.
A motion was made to approve ZBA-435 as presented.
Motion: Coonan
Second: Faglie
Ayes: Smart, Faglie, Hudson, Coonan, Miltenberger.
Nays: None
Vote: 5 - 0 to Approve
Mr. Bryner asked that before we start with the second case if Chairman Miltenberger
would swear in additional staff members.
Agenda Item #6 ZBA Case # 434, Appeal of the Administrative Official's decision that
the breeding of dogs is not a permitted use:
Appeal of the Administrative Official's decision per Ordinance No. 480, Section 44.8
regarding the decision that the breeding of dogs in not a permitted use on property located at
2400 Ridgecrest Drive.
The property is located at 2400 Ridgecrest Drive, being legally described as Tract 1H,
situated in the J. Chivers Survey, Abstract No. 350.
Mr. Bryner gave a brief presentation of the basic characteristics of the property.
Mr. Bryner then turned the remainder of the presentation over to Ken Baker, Interim
Planning Director.
Mr. Baker stated some brief procedural information. He noted that the decision regarding
the breeding of dogs is not a permitted use was made by Bruce Payne who is no longer
Zoning Administrator for the City of Southlake and is only reporting factual information to
attest to his decision.
Brenda N. McDonald, on behalf of the property owner, Anita Kelly, presented this item to
the Board. Mrs. McDonald asked Chairman Miltenberger if he would agree to allow her
to have question and answers directly to Mrs. Kelly and he agreed.
Chairman Miltenberger called for a break at 7:25:03 p.m.
Chairman Miltenberger called the meeting back into order at 7:36:11 p.m.
Chairman Miltenberger opened the public hearing by asking if there was anyone to speak in
favor of the Administrative Official's decision at 7:36:29 p.m.
Chairman Miltenberger asked if there was anyone to speak in favor of the appellant.
Jessica Landa-Strait, 430 East Dove Road, Southlake, TX, come forward to speak in favor
of the appellant.
Mrs. McDonald made a closing statement to the Board.
Chairman Miltenberger stated that the board can now ask questions from both the city staff
and the appellant.
Chairman Miltenberger closed the public hearing at 8:20:40 p.m.
A motion was made to deny the appeal of the Administrative Official's decision that the
breeding of dogs is not a permitted use.
Motion: Faglie
Second: Smart
Ayes: Hudson, Coonan, Smart, Faglie, Miltenberger
Nays: None
Vote: 5 - 0 Approved
Agenda Item #7 Meeting Adjourned:
A motion was made to adjourn the meeting.
Motion: Miltenberger
Time: 8:28:22 p.m.
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ZBA Secret y
NACommunity Development\ZBA\Minutes\2004\08-12-04.doc