2007-07-12
REGULAR ZONING BOARD OF ADJUSTMENT
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: July 12, 2007
MEMBERS PRESENT: Michael Waldman; John Smart; Kristin Jain, Alternate #1; Frank
Cornish, Alternate 2; Anita McSweeney, Alternate #4.
MEMBERS ABSENT: Chairman Lewis Miltenberger; Vice-Chairman Greg Standerfer;
Brook Bram ey, A ternate #3
STAFF PRESENT: Ben Bryner, Planner II; Dianna Brawner, ZBA Secretary.
Agenda Item # 1 Call to Order: Acting-Chairman Smart called the meeting to order at
6:30:05 p.m.
Agenda Item # 2 Approval of the Minutes:
The minutes of the May 24, 2007 Regular Zoning Board of Adjustment meeting were
deemed approved at 6:31:29 p.m. by Acting-Chairman Smart as presented.
Motion: Waldman
Second: Jain
Ayes: McSweeney, Jain, Waldman, Smart
Nays: None
Abstain: Cornish
Vote: 4-0-1 to Approve
Agenda Item # 3 Administrative Comments:
Mr. Bryner, Planner II, announced the next scheduled meeting will be August 16, 2007.
Agenda Item #4 ZBA Case #509, Variance to yard setback.
Case ZBA #509, Variance to Ordinance No. 480, Section 11.5 (c), requiring a side yard of
not less than twenty (20) feet. The applicant is requesting to construct a house that will have
side yard setbacks of approximately fifteen (15) feet and eighteen (18) feet.
The property is located at 1717 Bur Oak Lane, being legally described as Lot 15, Block 1,
The Reserve of Southlake, and being approximately 1.01 acres.
Mr. Bryner reported that thirty (30) notices were sent within 200 feet and within the
subdivision with one (1) response John McCleskey, 1790 Hunters Creek St., Southlake,
Texas opposed.
The applicant Ronald T. West, 403 Skyline Dr., Trophy Club, Texas once sworn in,
presented items to the Board and answered questions.
Acting-Chairman Smart opened and closed the public hearing at 6:44:02 p.m.
Michael Waldman entered a motion to approve ZBA Case # 509 with the revised plans as
submitted.
Motion: Waldman
Second: Jain
Ayes: Cornish, Waldman, Jain, McSweeney, Smart
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #5 ZBA Case #518, Special Exception Use Permits for an accessory
building of a size greater than permitted and a family quarter and a Variance to the
permitted height.
Case ZBA 4518, Special Exception Use Permit per Ordinance No. 480, Section 44.12 (3)
permitting the construction of accessory buildings of 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, a Variance to Ordinance No. 480, Section 34.2 (e) requiring an
accessory building no greater than one story or fourteen (14) feet in height, and a Special
Exception Use Permit per Ordinance No. 480, Section 44.12 (1) for servant/family quarters.
The applicant is requesting to construct detached garage with a family quarter totaling
approximately one thousand eight hundred (1,800) square feet with the proposed accessory
building being two (2) stories and having a height of approximately twenty-one (21) feet.
The property is located at 1647 Creekside Drive, being legally described as Lot 3, Block 1,
Twin Creeks Addition, and being approximately 1.40 acres.
Mr. Bryner reported that twenty-five (25) notices were sent within 200 feet and within the
subdivision with three (5) responses, Peter Eric Austin, 1658 Creekside Dr., Southlake,
Texas undecided, Jesse W. & Lera Ann Berryman, 1701 Creekside Dr., Southlake, Texas
opposed, Richard P. Davis, 1655 Creekside Dr., Southlake, Texas opposed, John & Jane
Baldwin, 1700 Creekside Dr., Southlake, Texas opposed, Tim Shiner, 737 Bandit Trl.,
North Richland Hills, Texas in favor.
The applicant John R. Beville, 1647 Creekside Dr., Southlake, Texas nor a representative of
Mr. Beville were present to present items to the Board and answer questions; therefore,
ZBA Case # 518 was set aside until the last item on the agenda.
Agenda Item #6 ZBA Case #519, Variance to setback between buildings for an
accessory building.
Case ZBA # 519, Variance to Ordinance No. 480, Section 34.2 (b), requiring that no
accessory building shall be erected within ten (10) feet of any other building. The applicant
is requesting to construct a cabana approximately three (3) feet to the house in the rear yard.
The property is located at 422 Copperfield Street, being legally described as Lot 8, Block 1,
Kirkwood Hollow Phase III, and being approximately 0.42 acres.
Mr. Bryner reported that fifty-three notices were sent within 200 feet and within the
subdivision with six (6) responses, James & Cheri Rudy, 205 Stockton Dr., Southlake,
Texas in favor, Jason & Ana Eicher, 417 Copperfield St., Southlake, Texas in favor, Mark
L. & Valerie A. Lopes, 400 Orchard Hill Dr., Southlake, Texas in favor, Ward & Gabriella
Miller, 405 Orchard Hill Dr., Southlake, Texas in favor, Lisa Vogt Hicks, 418 Copperfield
St., Southlake, Texas in favor, and Kirkwood Hollow Homeowner's Association, Inc., 1500
N. Norwood Dr., Building C, Suite 300, Hurst, Texas undecided.
The applicant's representative Cory Anthony, 2113 Green Briar Suite D, Southlake, Texas,
once sworn in, presented items to the Board and answered questions.
Acting-Chairman Smart opened and closed the public hearing at 7:06:29 p.m.
Michael Waldman made a motion to approve ZBA Case # 519 as presented with the
condition that the HOA will have an opportunity to review and approve the plans.
Motion: Waldman
Second: McSweeney
Ayes: McSweeney, Jain, Cornish, Waldman, Smart
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Iten # 7 ZBA Case # 520, Variance to maximum lot coverage.
Case ZBA # 520, Variance to Ordinance No. 480, Section 29.6 (h), requiring that lots
having an area greater than ten thousand (10,000) square feet shall have a maximum lot
coverage not exceeding thirty percent (30%) of the lot area. The applicant is requesting to
allow a maximum lot coverage not exceeding forty-five percent (45%) of the lot area.
The property is located at 1657 Tuscan Ridge Cir., Southlake, Texas being legally described
as Lot 17, Block 1, Tuscan Ridge Addition, and being approximately 0.24 acres.
Mr. Bryner reported that sixty-three (63) notices were sent within 200 feet and within the
subdivision with six (6) responses, J. Randall & D'Ann K. Chappel, 1620 Forest Vista Ct.,
Southlake, Texas opposed, Nancy Pfleg, 1641 Tuscan Ridge Cir., Southlake, Texas
opposed, Susan Grawe, 1714 Tuscan Ridge Cir., Southlake, Texas in favor, Jason C. Yeske,
1725 Tuscan Ridge Cir., Southlake, Texas in favor, Melanie Bell Lorant, 1904 Ptarmigan
St., Southlake opposed, Robert Bachoo & Elizabeth Maher, 1900 Ptarmigan St., Southlake,
Texas opposed, and one (1) response from outside notification area Charles & Sharon
Turner, 1613 Regal Oaks, Southlake, Texas opposed.
The applicant's representative Cary Clarke 1212 Province Ln., Southlake, Texas, once
sworn in, Presented items to the Board and answered questions.
Acting-Chairman Smart opened and closed the public hearing at 7:43:30 p.m.
Michael Waldman made a motion to approve ZBA Case # 520 as presented.
Motion: Waldman
Second: Jain
Ayes: Waldman, McSweeney, Jain
Nays: Cornish, Smart
Abstain: None
Vote: 3-2-0 Motion Failed
Agenda Item #8 ZBA Case #521, Special Exception Use Permit for portable buildings.
Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for portable
buildings. The applicant is requesting to place one (1) portable building at Eubanks
Intermediate School for education classrooms.
The property is located at 500 S. Kimball Avenue, being legally described as Lot 1, Block 1,
Carroll I.S.D. No. 4 Addition, and being approximately 35.46 acres.
Mr. Bryner reported that thirty-one (31) notices were sent and zero (0) responses.
Agenda Item #9 ZBA Case #522, Special Exception Use Permit for portable buildings.
Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for portable
buildings. The applicant is requesting to place one (1) portable building at Eubanks
Intermediate School for education classrooms.
The property is located at 1301 N. Carroll Avenue, being legally described as Lot 13, Block
F, Throop No. 1551 Addition, and being approximately 14.75 acres.
Mr. Bryner reported that twenty-three (23) notices were sent and two (2) responses were
received, Larry Hix, 1203 Whispering Ln., Southlake, Texas in favor, and Kirmit L
Stosberg, Jr., 1204 Blythe Ln., Southlake, Texas in favor.
The applicant's representative Harry Ingalls, 1500 Stanton Ct., Keller, Texas, once sworn in,
presented items to the Board and answered questions.
Acting-Chairman Smart opened and closed the public hearing at 7:04:09 p.m.
Frank Cornish made a motion to approve ZBA Case # 521 as presented for three years and
approving the requested variances.
Motion: Cornish
Second: Jain
Ayes: McSweeney, Jain, Waldman, Cornish, Smart
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Frank Cornish made a motion to approve ZBA Case # 522 as presented for three years
approving the requested variances.
Motion: Cornish
Second: Jain
Ayes: McSweeney, Jain, Waldman, Cornish, Smart
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #10 ZBA Case #523, Variance to setback for sheds/stables for animals.
Case ZBA # 523, Variance to Ordinance No. 480, Section 34.1 (d), requiring that all
enclosed sheds and stables for animals shall be placed a minimum of twenty-five (25) feet
from the boundary of any adjoining lot of tract which is zoned in a residential category. The
applicant is requesting to relocate existing barns on the lot for care and keeping of horses to
be approximately fifteen (15) feet from the property line.
The property is located at 921 S. White Chapel Boulevard, being legally described as Tracts
5C1 & 51), situated in the H. Granberry Survey, Abstract No. 581, and being approximately
5.932 acres.
Mr. Bryner reported that twenty-five (25) notices were sent and one (1) response was
received, Gary Hargett, 4100 E. Loop 820 S. Fort Worth, Texas in favor.
The applicant Scott Simmons, 3110 W. Southlake Blvd., Southlake, Texas, once sworn in,
presented items to the Board and answered questions.
Acting-Chairman Smart opened the public hearing at 8:18:08 p.m.
Jeff Renwick, 330 Silverwood Cir., Southlake, Texas spoke in favor of relocation the one
horse barn to the area Mr. Simmons was requesting and demolition of the smaller building.
Acting-Chairman Smart closed the public hearing at 8:26:15 p.m.
Acting-Chairman Smart called for a brief recess at 8:35:13 p.m. while Mr. Bryner and Ms
Brawner reviewed the audio tape from April 26, 2007 clarifying the intent of Board's
previous ruling regarding the relocating of the shed/stables.
Acting-Chairman called the meeting to order at 8:50:47 p.m.
Michael Waldman, at the request of the applicant, made a motion to table ZBA Case # 523
until the July 26, 2007.
Motion: Waldman
Second: Jain
Ayes: Cornish, Waldman, McSweeney, Jain, Smart
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Iten # 11 ZBA Case # 524, Variance to maximum lot aera.
Case ZBA # 524, Variance to Ordinance No. 480, Section 14.5 (f), requiring that the
maximum area of a lot shall be twenty thousand (20,000) square feet. The applicant is
requesting to construct a new residence on a lot that will have a lot area of approximately
eighteen thousand five hundred (18,500) square feet.
The property is located at 2105 N. Carroll Ave., Southlake, Texas being legally described as
Tract 4bl, situated in the F. Throop Survey Abstract No. 1511, and being approximately
0.482 acres.
Mr. Bryner reported that nine (9) notices were sent within 200 feet and within the
subdivision and zero (0) responses.
The applicant Andy Nold, 2825 Exchange Blvd., Southlake, Texas, once sworn in,
presented items to the Board and answered questions.
Acting-Chairman Smart opened the public hearing at 9:08:02 p.m.
Harvey Hall, 2101 N. Carroll Ave., Southlake, Texas spoke in opposition stating building a
large home at this location would cause additional drainage issues for his property.
Acting-Chairman Smart closed the public hearing at 9:29:57 p.m.
Kristin Jain made a motion to approve ZBA Case # 524 as presented.
Motion: Jain
Second: Waldman
Ayes: McSweeney, Jain, Cornish, Waldman, Smart
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #5 ZBA Case #518, Special Exception Use Permits for an accessory
building of a size greater than permitted and a family quarter and a Variance to the
permitted height.
Kristin Jain made a motion to table ZBA C# 518 until July 26, 2007 in that the applicant did
not attend this meeting and give Mr. Bryner an opportunity to contact Mr. Beville.
Agenda Item #12 Meeting to Adjourn
A motion was made to adjourn the meeting.
Motion: Jain
Time: 9:25:02 p.m.
I-, ~L-d-
Act' g-Chairman Smart
Dianna J. Bra er
ZBA Secretary
NACommunity Development\ZBA\Minutes\2007\07-12-07.doc
ZONING BOARD OF ADJUSTMENT
SIGN IN _SHEET _
Date:
R E~
~-.-~,-':h."r
r_+.~e~ _T.t'~_T,..~R.3Ja""re`-_._ ::",.c: = rnR:-.-~F39~k.-...~~T-iG.N` ~-7~c~e•.•~..
ZONING BOARD OF ADJUSTMENT
SIGN IN _SHEET
* c Date:
~t r
NMI
~r. ddress~ x-elephoner: ~ .z
°anZe? Tc f rt• a 8 h _ .K fFE]L.~•,~U5. - 9i c-s ~s ar- /
Sou}
9.2 -Sav
Wx, e 16