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2005-05-26 t 2 REGULAR ZONING BOARD OF ADJUSTMENT City of Southlake 1400 Main Street, Southlake, Texas Southlake, Texas 76092 MEETING DATE: May 26, 2005 MEMBERS PRESENT: Lewis Miltenberger, Chairman; Darrell Faglie; Robert Hudson, ternate 1; an DaT Lambert, Alternate #2. MEMBERS ABSENT: Rick Stacy; John Smart; Michael Waldman, Alternate #3; Danny Mayer, Alternate 4. STAFF PRESENT: Dennis Killough, Chief Planner; Jennifer Gonzales, ZBA Secretary. Agenda Item #1 Call to Order: Chairman Miltenberger called the meeting to order at 6:32:53 p.m. Agenda Item #2 Approval of the Minutes: The minutes of the May 12, 2005 Regular Zoning Board of Adjustment meeting were deemed approved by Chairman Miltenberger as presented. Motion: Faglie Second: Hudson Ayes: Lambert, Hudson, Faglie, Miltenberger Nays: None Vote: 4 - 0 to Approve Agenda Item #3 Administrative Comments: Mr. Killough, chief planner, announced that Ben Bryner was out because of the birth of a new baby girl and will contact the Board of the next ZBA meeting. Chairman Miltenberger read the meeting format outline. Agenda Item #4 ZBA Case #454, Special Exception Use Permit and Variance for an accessory building of a size greater than permitted in the zoning district, located in the front yard and taller than permitted: #1 - 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. #2 - Special Exception Use Permit per Ordinance No. 480, Section 44.12 (4) permitting accessory buildings located in the front yard. #3 - Variance to Ordinance No. 480, Section 34.2 (e) requiring an accessory building no greater than one story or fourteen (14) feet in height. The applicant is requesting to construct a detached garage and breezeway of approximately one thousand four hundred ninety (1,490) square feet making the total square footage approximately one thousand six hundred fifty (1,650) square feet of floor area located in the front yard with the proposed garage having a height of approximately fifteen (15) feet. The property is located at 1345 Ten Bar Court, being legally described as Lot 33, Block 3, Cross Timber Hills Addition, and being approximately 1.28 acres. Mr. Killough reported that eleven (11) notices were sent to property owners within 200 feet and two (2) responses were received. The applicant, Gregory D. Holm, 1345 Ten Bar Court, Southlake, TX, presented this item to the Board and answered questions. Note item #2 - Special Exception Use Permit per Ordinance No. 480, Section 44.12 (4) permitting accessory buildings located in the front yard is withdrawn from submittal but would like to continue with items #1 and #3. Chairman Miltenberger opened the public hearing at 7:02:35 p.m. Joseph Goodrich, 1350 Ten Bar Court, Southlake, TX; in opposition. Chairman Miltenberger closed the public hearing at 7:15:47 p.m. A motion was made to approve item case no. ZBA-454, subject to incorporating a buffer area to block the view of the garage doors from neighbor from across the street, also noting that item #2 was withdrawn by the applicant. Motion: Faglie Second: Hudson Ayes: Lambert, Faglie, Hudson, Miltenberger Nays: None Vote: 4 - 0 to Approve Agenda Item #5 ZBA Case # 459, Variance to side yard setbacks, minimum lot width, and minimum lot area for a septic system: #1 - Variance to Ordinance No. 480, Section 13.5 (c) requiring a minimum side yard of not less than twenty (20) feet. #2 - Variance to Ordinance No. 480, Section 13.5 (g) requiring a minimum lot width of one hundred (100) feet. #3 - Variance to Ordinance No. 480, Section 33.14, requiring a minimum lot size of one acre for the use of an on-premise septic tank and subsurface drainage field. The applicant is requesting to have minimum side yards of approximately ten (10) feet on a lot with a width of approximately ninety-six (96) feet and to have a private septic system. The property is located at 1395 E. Dove Street, being legally described as Tract 4A3, situated in the F. Throop Survey, Abstract No. 1511, and being approximately 1.00 acre. Mr. Killough reported that twelve (12) notices were sent to property owners within 200 feet and no (0) response were received. Mr. Will Edgington representing, the applicant, Cadence Custom Homes, 502 N. Carroll Ave., Southlake, came forward to present item to the Board and answer questions. Noting #2 - Variance to Ordinance No. 480, Section 13.5 (g) requiring a minimum lot width of one hundred (100) feet, is withdrawn by applicant. Mr. Tim Johnson, property owner, 3401 Balboa Ct., Grapevine, came forward to give more supportive information for item and answer questions. Chairman Miltenberger opened and closed the public hearing seeing no one to come forward to speak at 7:02:47 p.m. A motion was made to approve item case no. ZBA-459, with the caveat, that an appropriate change of zoning to a single family residential district be adopted, also noting item #2 was withdrawn by applicant. Motion: Faglie Second: Lambert Ayes: Hudson, Lambert, Faglie, Miltenberger Nays: None Vote: 4 - 0 to Approve Azenda Item #6, Meetine Adiourned: A motion was made to adjourn the meeting. Motion: Hudson Time: 7:50:53 p.m. '1 C ~ 1 ewis Miltenberger Chairman ti ifer G nzale A Secretary NACommunity Development\ZBA\Minutes\2005\05-26-05.doc