2007-03-29
REGULAR ZONING BOARD OF ADJUSTMENT
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: March 29, 2007
MEMBERS PRESENT: Chairman Lewis Miltenberger; Vice-Chairman Greg Standerfer;
Michael Waldman; Frank Cornish, Alternate #2; Brook Bramley, Alternate #3.
MEMBERS ABSENT: John Smart; Kristin Jain, Alternate #l; Anita McSweeney,
Alternate 4.
STAFF PRESENT: Ben Bryner, Planner II; Dianna Brawner, ZBA Secretary.
Agenda Item # 1 Call to Order: Chairman Miltenberger called the meeting to order at
6:30:09 p.m.
Agenda Item # 2 Approval of the Minutes:
The minutes of the March 15, 2007 Regular Zoning Board of Adjustment meeting were
deemed approved at 6:30:59 p.m. by Chairman Miltenberger as presented.
Motion: Standerfer
Second: Bramley
Ayes: Waldman, Standerfer, Cornish, Bramley, Miltenberger
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item # 3 Administrative Comments:
Mr. Bryner, Planner 11, announced the next possible meeting may be on April 26, 2007.
Agenda Item #4 ZBA Case #512, Special Exception Use Permit for accessory buildings
of an aggregate size greater than permitted.
Case ZBA 4512, 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 two additional accessory
buildings making the total square footage for primary and accessory buildings to be greater
than permitted by the zoning district.
The property is located at 585 Shady Oaks Drive, being legally described as Tract 9E,
situated in the T.M. Hood Survey, Abstract No. 706, and being approximately 1.06 acres.
Mr. Bryner reported that fourteen (14) notices were sent within 200 feet and within the
subdivision with three (3) responses, Doreen & Paul Bruton, 583 Shady Oaks Dr.,
Southlake, Texas in favor, Beverly McDonald, 587 Shady Oaks Dr., Southlake, Texas
opposed, Arnold H. & Ellen G. Johnson, 630 Shady Oaks Dr., Southlake, Texas opposed.
The applicant James C. Lucas, 585 Shady Oaks Drive, Southlake, Texas once sworn in,
presented items to the Board and answered questions.
Chairman Miltenberger opened and closed the public hearing at 6:54:40 p.m.
Greg Standerfer made a motion to approve ZBA case # 512 as presented with the following
stipulations: the pool equipment house on the East side of the existing garage be removed
and the pool equipment be enclosed in the new structure; also, the present structure at the
eastern end of the driveway be removed at the time of construction; and, there will be no
commercial use of the new buildings.
Motion: Standerfer
Second: Cornish
Ayes: Waldman, Standerfer, Cornish, Bramley, Miltenberger
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #5 ZBA Case #513, Variance to setbacks for accessory building.
Case ZBA 513, Variance to Ordinance No. 480, Section 34.2 (a), requiring accessory
buildings having a permanent foundation to be no closer than (10) feet to a property line
located in the rear yard. The applicant is requesting to construct a detached garage that will
have a setback of approximately three (3) feet from a property line.
The property is located at 401 Timber Lake Way, being legally described as Lots 36R,
Block 1, Timber Lake Section 2, and being approximately 0.38 acres.
Mr. Bryner reported one hundred seventy-one (171) notices were sent within 200 feet and
within the subdivision with nineteen (19) responses received: Aundrea & Craig Reel, 702
Lakehurst Ct., Southlake, Texas in favor, James Clement & Lora Richards, 214 Timber
Lake Way, Southlake, Texas in favor, Kathy Banks, 503 Glenbrook Ct., Southlake, Texas in
favor, Tracey Chamberlain, 504 Timber Lake Way, Southlake, Texas in favor, David
McElhany, 702 Brook Meadows Ct., Southlake, Texas opposed, Dennis Checkley & Athel
Micka, 217 Timber Lake Way, Southlake, Texas in favor, Rochelle Topel, 704 Lakehurst
Ct. Southlake, Texas in favor, William & Melinda Daniels, 210 Timber Lake Dr.,
Southlake, Texas in favor, Jerry & Claire Brown, 305 Timber Lake Way, Southlake, Texas
in favor, Van & Sherry Stevens, 516 Timber Lake Dr., Southlake, Texas in favor, Jeff &
Nancy Irwin, 801 Shadow Glen Dr., Southlake, Texas opposed, Karen B. & Timothy M.
Maddox, 706 Lakehurst Ct., Southlake, Texas in favor, Blair Y. & Lois Rudy, 203 Timber
Lake Way, Southlake, Texas in favor, William K. & Janet Snyder, 501 Timber Lake Way,
Southlake, Texas in favor, Scott Starks, 507 Timber Lake Dr., Southlake, Texas in favor,
Terry & Pamela Hitch, 202 Timber Lake Way, Southlake, Texas opposed, Julie & Jay
Speelhoffer, 309 Timber Lake Dr., Southlake, Texas in favor, Amy Kehoe, 215 Timber
Lake Way, Southlake, Texas in favor, Timber Lake Residential Assoc., Inc., 1800 Preston
Park Blvd., Suite 101, Plano, Texas undecided.
The applicant Kim Lackey, 401 Timber Lake Way, Southlake, Texas once sworn in,
presented items to the Board and answered questions.
Chairman Miltenberger opened and closed the public hearing at 7:13:56 p.m.
Greg Standerfer made a motion to approve ZBA case # 513 as presented subject to the
following conditions: the existing shed, in the photo submitted, be removed; and,
conditional and subject to the approval process of the Timber Lake HOA and what ever
conditions they may impose.
Motion: Standerfer
Second: Waldman
Ayes: Bramley, Cornish, Waldman, Standerfer, Miltenberger
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #6 ZBA Case 4514, Variances to setback for accessory building and
height for accessory building.
Case ZBA #514, Variance to Ordinance No. 480, Section 34.2 (a), requiring accessory
buildings having a permanent foundation to be no closer than ten (10) feet to a property line
located in the rear yard and a Variance to Ordinance No. 480, Section 34.2 (e) requiring that
accessory buildings shall not exceed one story or fourteen (14) feet in height. The applicant
is requesting to construct a detached garage that will have a setback of approximately five
(5) feet to a property line and a height of approximately twenty (20) feet.
The property is located 1170 Adams Lane, being legally described as Lot 3, Block 1, Adams
Addition, and being approximately 1.00 acres.
Mr. Bryner reported that seventeen (17) notices were sent within 200 feet and within the
subdivision with two (2) responses: Michael N. Jr. and Roxanne B. Foster, 1160 Adams
Lane, Southlake, Texas in favor, Sammy & Patsy Thornton, 1199 Adams Lane, Southlake,
Texas in favor. The applicant provided additional signatures, and were previously included
in the staff report.
The applicant Tina Springer, 1170 Adams Lane, Southlake, Texas once sworn in, presented
items to the Board and answered questions.
Chairman Miltenberger opened and closed the public hearing at 7:27:25 p.m.
Brook Bramley made a motion to approve ZBA case # 514 as presented.
Motion: Bramley
Second: Standerfer
Ayes: Waldman, Standerfer, Cornish, Bramley, Miltenberger
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #7 ZBA Case #515, Variances to rear yard setback.
Case ZBA #515, Variance to Ordinance No. 480, Section 14.5 (d), requiring a rear yard of
not less than forty (40) feet. The applicant is requesting to construct an addition to the house
that will have a rear yard setback of approximately twenty-seven (27) feet.
The property is located 1303 Burgundy Court, being legally described as Lot 15, Block 1,
Napa Valley Estates, and being approximately 0.48 acres.
Mr. Bryner reported that thirty-eight (38) notices were sent within 200 feet and within the
subdivision with four (4) responses: Charles I. Dixon, 1305 Burgundy Ct., Southlake, Texas
in favor, John D. Swift, 1311 Burgundy Ct., Southlake, Texas opposed, Stephen & Rebecca
Rainbolt, 1300 Burgundy Ct., Southlake, Texas in favor, Karyn & Jim Sweeting, 1306
Burgundy Ct., Southlake, Texas in favor.
The applicant Paul Burnett, 1303 Burgundy Ct., Southlake, Texas once sworn in, presented
items to the Board and answered questions.
Chairman Miltenberger opened and closed the public hearing at 7:36:42 p.m.
Michael Waldman made a motion to approve ZBA case # 515 as presented.
Motion: Waldman
Second: Bramley
Ayes: Waldman, Standerfer, Cornish, Bramley, Miltenberger
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #8 ZBA Case #516, Variances to setback for accessory building.
Case ZBA #516, Variance to Ordinance No. 480, Section 34.2 (a), requiring accessory
buildings having a permanent foundation to be no closer than ten (10) feet to a property line
located in the rear yard. The applicant is requesting to construct a detached garage that will
have a setback of approximately five (5) feet to a property line.
The property is located 724 Cimarron Trail, being legally described as Lot 7, Block 4, Vista
Trails Addition, and being approximately 0.47 acres.
Mr. Bryner reported that seventy (70) notices were sent within 200 feet and within the
subdivision with eleven (11) responses: Virginia Gail Newman, 721 Cimarron Trail,
Southlake, Texas in favor, Roger & Dianne Aldinger, 608 Overland Trail, Southlake, Texas
in favor, Wanda Stutsman, 2112 Cumberland Trail, Southlake, Texas in favor, Donald R. &
Gaye A. Teague, 629 Cimarron Trail, Southlake, Texas in favor, Dennis & Margie Dlabay,
620 Cimarron Trail, Southlake, Texas opposed, Mrs. Alva R. Horn, 2100 Cumberland Trail,
Southlake, Texas in favor, Erdie Mae Reddick, P.O. Box 1115, Keller, Texas in favor,
Edward K. McMinn, 2108 Cumberland Trail, Southlake, Texas in favor, Barbara J.
Thompson, 725 Overland Trail, Southlake, Texas in favor, Dee & Jimmy Stewart Sr., 624
Cimarron Trail, Southlake, Texas in favor, Ann M. Samaha, 628 Overland Trail, Southlake,
Texas in favor.
The applicant Jeff Goodwin, 724 Cimarron Trail, Southlake, Texas once sworn in, presented
items to the Board and answered questions.
Chairman Miltenberger opened and closed the public hearing at 8:07:47 p.m.
Michael Waldman made a motion to approve ZBA case # 516 as presented with the
stipulation that the siding of the structure be constructed with the Mueller Product
designated as the `R' panel product.
Motion: Waldman
Second: Cornish
Ayes: Waldman, Cornish, Bramley, Miltenberger
Nays: Standerfer
Abstain: None
Vote: 4-1-0 to Approve
Agenda Item #9 Meeting to Adjourn
A motion was made to adj ourn the meeting.
Motion: Waldman
Time: 8:11:11 p.m.
t Chairman Miltenberger
Dianna J. Brawn
ZBA Secretary
NACommunity Development\ZBA\Minutes\2007103-29-07.doc
ZONING BOARD OF ADJUSTMENT
SIGN IN SHEET
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