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2005-04-14 REGULAR ZONING BOARD OF ADJUSTMENT City of Southlake 1400 Main Street, Southlake, Texas Southlake, Texas 76092 MEETING DATE: April 14, 2005 MEMBERS PRESENT: Lewis Miltenberger, Chairman; Darrell Faglie; John Smart; Rick Stacy; Robert Hudson, Alternate #1; and David Lambert, Alternate #2; MEMBERS ABSENT: Michael Waldman, Alternate #3; Danny Mayer, Alternate #4. STAFF PRESENT: Ben Bryner, Senior Planner; Jennifer Gonzales, ZBA Secretary. Agenda Item #1 Call to Order: Chairman Miltenberger called the meeting to order at 6:29:16 p.m. Agenda Item #2 Approval of the Minutes: The minutes of the March 24, 2005 Regular Zoning Board of Adjustment meeting were deemed approved by Chairman Miltenberger as presented. Motion: Faglie Second: Smart Ayes: Hudson, Stacy, Smart, Faglie, Miltenberger Nays: None Vote: 5 - 0 to Approve Agenda Item #3 Administrative Comments: Mr. Bryner, senior planner, announced the next meeting date will be on April 28, with four items on this agenda also a possible meeting for May 12, with one submittal. Chairman Miltenberger read the meeting format outline. Agenda Item #4 ZBA Case # 450, 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), 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. The applicant is requesting to construct a detached garage of approximately two thousand eight hundred (2,800) square feet of floor area. The property is located at 1701 Randol Mill Avenue, being legally described as Lot 1R, Block 1, Loma Vista, and being approximately 1.00 acre. Mr. Bryner reported that thirteen (13) notices were sent to property owners within 200 feet and one (1) response was received. The applicant, Lisa McGovern, 1701 Randol Mill Avenue, Southlake, TX, presented this item to the Board and answered questions. For additional support for the applicant, Jim Farley, 807 Boston Drive, presented this item to the Board. Chairman Miltenberger opened the public hearing at 6:45:13 p.m. Don Clayton, 1625 Randol Mill, Southlake, Tx was opposed because of drainage problems, 14 foot height of metal structure, and tree removal. Rebuttal for applicant, Jim Farley, came forward to address the grading issues. Chairman Miltenberger closed the public hearing at 7:02:28 p.m. A motion was made to table item case no. ZBA-450 to the first meeting in July, as requested by the applicant. Motion: Stacy Second: Hudson Ayes: Smart, Faglie, Hudson, Stacy, Miltenberger Nays: None Vote: 5 - 0 to Approve Agenda Item #5 ZBA Case # 451, Special Exception Use Permit for accessory buildings of an aggregate size greater than permitted in the zoning district: 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. The applicant is requesting to construct a detached garage of approximately three thousand two hundred (3,200) square feet of floor area making the total square footage for accessory buildings approximately three thousand nine hundred (3,900) square feet. The property is located at 1963 E. Dove Street, being legally described as Tract 3A1E3, situated in the F. Throop Survey, Abstract No. 1511, and being approximately 3.24 acres. Mr. Bryner reported that fifteen (15) notices were sent to property owners within 200 feet and two (2) responses were received. The applicant, Joe & Lana Hill, 529 Dunn Court, Grapevine, TX, 76051, presented this item to the Board and answered questions. Chairman Miltenberger opened the public hearing at 7:21:56 p.m. There was no one in the audience to come forward to speak. Chairman Miltenberger closed the public hearing at 7:22:19 p.m. A motion was made to table item case no. ZBA-451 to the April 28th meeting, as requested by the applicant. Motion: Stacy Second: Smart Ayes: Faglie, Hudson, Stacy, Miltenberger, Smart Nays: None Vote: 5 - 0 to Approve Azenda Item #6, ZBA Case # 452, Variance to the side yard setback: Variance to Ordinance No. 480, Section 11.5 (c) requiring a minimum side yard of not less than twenty (20) feet. The applicant is requesting to have a minimum side yard setback of approximately nineteen (19) feet. The property is located at 3053 Loch Meadows Ct, being legally described as Lot 14R1, Block 1, Loch Meadows Estates, and being approximately 1.19 acres. Mr. Bryner reported that eight (8) notices were sent to property owners within 200 feet and no (0) response was received. The applicant, Cary Hy Custom Homes, LTD, Southlake, TX, presented this item to the Board and answered questions. Chairman Miltenberger opened the public hearing at 7:35:47 p.m. There was no one in the audience to come forward to speak. Chairman Miltenberger closed the public hearing at 7:35:58 p.m. A motion was made to approve item case no. ZBA-452, as presented. Motion: Stacy Second: Faglie Ayes: Hudson, Stacy, Miltenberger, Smart, Faglie Nays: None Vote: 5 - 0 to Approve Agenda Item #7, ZBA Case # 453, Variance to the minimum lot area: Variance to Ordinance No. 480, Section 11.5 (f) requiring that the minimum area of a lot shall be forty-three thousand five hundred sixty (43,560) square feet. The applicant is requesting to have two residential lots with each lot having an area of approximately forty thousand seventy-five (40,075) square feet. The property is located at 2250 & 2280 N. Peytonville Avenue, being legally described as Tracts 2B & 2C, situated in the C. Dart Survey, Abstract No. 2003, and being approximately 2.00 acres. Mr. Bryner reported that eleven (11) notices were sent to property owners within 200 feet and three (3) responses were received. The applicant, Jerry Lewis & Bret Martin, 2250 & 2280 N. Peytonville Avenue, Southlake, TX, presented this item to the Board and answered questions. Chairman Miltenberger opened the public hearing at 7:48:30 p.m. Corine Dwyer, 2201 Shadow Creek Oak Court, Southlake, Tx, in opposition. Scott Lepp, 2145 Peytonville Rd, Southlake, Tx in favor. Chairman Miltenberger closed the public hearing at 7:56:04 p.m. A motion was made to approve item case no. ZBA-453, as presented. Motion: Faglie Second: Smart Ayes: Hudson, Stacy, Miltenberger, Smart, Faglie Nays: None Vote: 5 - 0 to Approve Aeenda Item #8, Meeting Adiourned: A motion was made to adjourn the meeting. Motion: Rick Stacy Time: 7:58:51 p.m. ILL leff,.-ift(enberger Chairman Jenni er G nzal ZBA Secretar NACommunity Development\ZBA\Minutes\2005\04-14-05.doc