2005-11-10
REGULAR ZONING BOARD OF ADJUSTMENT
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: November 10, 2005
MEMBERS PRESENT: Vice-Chairman David Lambert; Danny Mayer; John Smart; Greg
Stan e er; Kristin Jain, Alternate #l; Brook Bramley, Alternate #3; Frank Cornish,
Alternate #4.
MEMBERS ABSENT: Chairman Lewis Miltenberger; Anita McSweeney, Alternate #2.
STAFF PRESENT: Ben Bryner, Senior Planner; and Dianna Brawner, ZBA Secretary.
Agenda Item # 1 Call to Order: Vice-Chairman Lambert called the meeting to order at
6:30:12 p.m.
Agenda Item # 2 Approval of the Minutes:
The minutes of the September 15, 2005 Regular Zoning Board of Adjustment meeting were
deemed approved by Vice-Chairman Lambert as presented.
Motion: Mayer
Second: Smart
Ayes: Bramley, Jain, Smart, Vice-Chairman Lambert, Mayer, Cornish
Nays: None
Abstain: None
Vote: 6-0-0 to Approve
Agenda Item #3 Administrative Comments:
Mr. Bryner, senior planner, announced the next meeting date will be on December 15, 2005.
Mr. Standerfer arrived at 6:33:39 p.m.
The Oath of Office was administered to the new Board members By Dianna Brawner, ZBA
Secretary at 6:34:59 p.m.
Vice-Chairman Lambert read the meeting format outline.
Agenda Item #4 ZBA Case 9473, Special Exception Use Permit for accessory buildings
of a size and 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 accessory building with
attached covered patio of approximately one thousand six hundred (1,600) square feet.
The property is located at 2307 Hillside Court, being legally described as lot 3, Hillside
Estates, and being approximately 1.00 acre.
Mr. Bryner reported that eighteen (18) notices were sent and four (4) responses were
received in favor and one (1) undecided.
The applicant John Gallagher, 2307 Hillside Court, Southlake, Texas, presented the item to
the Board. Mr. Gallagher had no supporting materials and requested to table this matter
until the December 15, 2005 ZBA meeting.
A motion was made to table item case no. ZBA-473 until December 15, 2005.
Motion: Mayer
Second: Smart
Ayes: Bramley, Jain, Smart, Vice-Chairman Lambert, Mayer, Cornish, Standerfer
Nays: None
Abstain: None
Vote: 7-0-0 to Approve
Agenda Item #5 ZBA Case #474, Variance to swimming pool setback
Variance to Ordinance No .480, Section 34.1 (f) requiring a private swimming pool to not
be closer than five (5) feet to another structure. The applicant is requesting to have a
swimming pool and spa that will be approximately one (1) foot from the home and zero (0)
feet from the proposed cabana.
The property is located at 223 Lilac Lane, being legally described as Lot 15, O.W. Knight
No. 899 Addition, and being approximately 6.71 acres.
Mr. Bryner reported that twenty-thee (23) notices were sent and five (5) responses were
received in favor.
The applicant's representative, Charlie Claffey of Claffey Pools, 1625 Brumlow Ave.,
Southlake, Texas 76092, presented this item to the Board and answered questions.
Vice-Chairman Lambert opened and closed the public hearing seeing that no one in the
audience came forward to speak at 7:14:46 p.m.
A motion was made to approve item case no. ZBA-474 as presented.
Motion: Mayer
Second: Smart
Ayes: Bramley, Jain, Smart, Vice-Chairman Lambert, Mayer, Cornish, Standerfer
Nays: None
Abstain: None
Vote: 7-0-0 to Approve
Agenda Item 96 ZBA Case #475 Variance to minimum lot area for a private septic
system
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 a private septic system on three individual properties that will be less
than one acre in size.
The properties are located at 1223, 1225, & 1227 Woodsey Court, being legally described as
Tracts 1B4L2, 1B4L3, & 1B4L6A, situated in the H. Decker Survey, Abstract No. 438, and
being a total of approximately 1.38 acres.
Mr. Bryner reported that twenty-three (23) notices were sent and two (2) responses were
received in opposition.
Neither the applicant Nosa Evbuomwan nor any representative appeared on his behalf for
the hearing.
Vice-Chairman Lambert opened the public hearing at 7:30:27 p.m.
Winney Turnage, 1228 Woodsey Court, spoke in opposition at 7:31:48 p.m. She has
concerns regarding elevation, drainage, and sanitation issues as how it might affect her
property.
John Jones, 1214 Woodsey Court, spoke in opposition at 7:36:55 p.m. He has concerns
regarding elevation, drainage, and sanitation issues as how it might affect the neighborhood
properties.
Doris Perry, 1229 Woodsey Court, spoke in opposition at 7:39:14 p.m. She has concerns
regarding the size house on such a small lot and if the system were to fail how the drainage
would affect her property due to the elevation.
Carol Dossey, 1211 Woodsey Court, spoke in opposition at 7:43:02 p.m. She has concerns
regarding elevation, drainage, and sanitation issues for the neighborhood.
Cynthia Lockard, 1224 Woodsey Court, spoke in opposition at 7:47:30 p.m. She has
concerns regarding elevation, drainage, and sanitation issues for her property.
Linda Bell, 1230 Woodsey Court, spoke at 7:50:18 p.m. and was undecided. Her concern
was Nosa Evbuomwan did not show up for the meeting and was also concerned if the new
buildings were going to be tax exempt.
Vice-Chairman Lambert closed the public hearing at 7:53:50 p.m.
A motion was made to deny case # ZBA-475.
Motion: Mayer
Second: Smart
Ayes: Bramley, Jain, Smart, Vice-Chairman Lambert, Mayer, Cornish, Standerfer
Nays: None
Abstain: None
Vote: 7-0-0 to Approve
Agenda Item #7 Meeting to Adjourn
A motion was made to adjourn the meeting.
Motion Mayer
Time: 8:01.16 p.m.
David Lambert
Vice-Chairman
Dianna J. Brawn
ZBA Secretary
NACommunity Development\ZBA\Minutes\2005\11-10-05.doc
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