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2007-08-16 REGULAR ZONING BOARD OF ADJUSTMENT City of Southlake 1400 Main Street, Southlake, Texas Southlake, Texas 76092 MEETING DATE: August 16, 2007 MEMBERS PRESENT: Chairman Greg Standerfer; Lewis Miltenberger; Vice-Chairman Pamela Muller; Mic ae Waldman; John Smart MEMBERS ABSENT: Kristin Jain, Alternate 41; Frank Cornish, Alternate #2; Vacant, Alternate 3; Anita McSweeney, Alternate #4. STAFF PRESENT: Ben Bryner, Planner II; Dianna Brawner ZBA Secretary. Agenda Item # 1 Call to Order: Chairman Standerfer called the meeting to order at 6:32:32 p.m. Agenda Item #2 Administration of the Oath of Office for newly appointed and reappointed Board of Adjustment members: Lewis Miltenberger, Place #1; Greg Standerfer, Place 3 Chairman, Michael Waldman, Place #4 received the Oath of Office. Agenda Item # 3 Approval of the Minutes: The minutes of the July 12, 2007 and July 26, 2006 Regular Zoning Board of Adjustment meetings was deemed approved at 6:35:28 p.m. by Chairman Standerfer. Motion: Waldman Second: Smart Ayes: Smart, Waldman, Miltenberger, Standerfer Nays: None Abstain: None Vote: 4-0-0 to Approve Agenda Item # 4 Administrative Comments: Mr. Bryner, Planner II, announced October 17, 2007 there will be a special orientation and reception in Town Hall, more information will follow, and the next scheduled meeting will be September 13, 2007. 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 #518, 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 applicant John R. Beville, 1647 Creekside Dr., Southlake, Texas was not present and Chairman Standerfer postponed this case giving the applicant time to make the meeting. Agenda Item #6 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 applicant's representative Simmons Estate Homes, 3110 E Southlake Blvd., Suite 100, Southlake, Texas was not present and Chairman Standerfer postponed this case giving the applicant time to make the meeting. Amenda Item #7 ZBA Case #525, Variance to accessory building setback. 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 carport that will have a setback of approximately six (6) feet to the side property line. The property is located at 2961 Flamingo Circle, being legally described as Lot 13, Block 1, Dove Estates, and being approximately 0.22 acres. Mr. Bryner reported that one hundred eleven (111) notices were sent within 200 feet and within the subdivision with ten (10) responses, Gary R. McDonald, 1436 Flamingo Circle, Southlake, Texas not opposed, Bruce E. Martin 699 E. Sab Carkis St., Southlake, Texas San Jose, Ca. opposed, Chris Nietenhoefer, 1339 White Wing Ct., Southlake, Texas opposed, James W. & Stephanie B Langston, 3200 Peninsula Dr., Southlake, Texas in favor, Stefan Thiesse, 1319 White Wing Ct., Southlake, Texas opposed, Larry D. & Kay E. Bick, 1319 Blue Teal Ct., Southlake, Texas in favor, Becky S. Deed, 3150 Peninsula Ct., Southlake, Texas undecided, Keith R. & Mary C. Grant, 1519 Flamingo Circle, Southlake, Texas opposed, Jose & Maria Hernandez, 1432 Mt. Gilead, Roanoke, Texas opposed, Terry Campbell, 2990 Lake Dr., Southlake, Texas opposed. The applicants, John & Deborah Driggs 2961 Flamingo Circle, Southlake, Texas once sworn in, presented items to the Board and answered questions. Chairman Standerfer opened and closed the public hearing at 6:57:00 p.m. Lewis Miltenberger entered a motion to approve ZBA Case # 525 as submitted with the following stipulations, the concrete slab drive match the existing concrete slab drive and the elevations to match the drawings submitted by the applicant. Motion: Miltenberger Second: Smart Ayes: Waldman, Miltenberger, Smart, Standerfer Nays: None Abstain: None Vote: 4-0-0 to Approve Agenda Item #8 ZBA Case #526, 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 a tract of land that will be approximately forty- one thousand (41,000) square feet. The property is located at 1090 Primrose Lane, being legally described as Tract 2C2, situated in the A.H.Chivers Survey, Abstract No. 299, and being a total of approximately 1.001 acres. Mr. Bryner reported that eleven (11) notices were sent within 200 feet and within the subdivision with no responses. The applicant's representative Andy Nold, 2825 Exchange Blvd., Southlake, Texas once sworn in, presented items to the Board and answered questions. Chairman Standerfer opened the public hearing at 7:17:50 p.m. Greg Smiley, 1056 Primrose Lane, Southlake, Texas once sworn in spoke and was concerned about placement of his future water well. Mr. Nold came forward and responded to Mr. Smiley's concern and both came to an agreement to work with the homeowner regarding the water well. Chairman Standerfer closed the public hearing at 7:27:46 p.m. Lewis Miltenberger entered a motion to approve ZBA Case #526 as presented. Motion: Miltenberger Second: Waldman Ayes: Waldman, Miltenberger, Smart, Standerfer Nays: None Abstain: None Vote: 4-0-0 to Approve Additional Administration of the Oath of Office for newly appointed Board of Adiustment member: Pamela Mueller, Place 2, Vice-Chairman received the Oath of Office at 7:29:26 p.m. Agenda Item #9 ZBA Case #527, Special Exception Use Permit for a family quarter. Special Exception Use Permit per Ordinance No. 480, Section 44.12 (1) for servant/family quarters. The applicant is requesting to construct an accessory building to house a family quarter of approximately seven hundred ninety-two (792) square feet. The property is located at 1647 Royal Oaks Ct., Southlake, Texas being legally described as Lot 12, Block 1, Royal Oaks Addition, and being approximately 1.11 acres. Mr. Bryner reported that twenty-two (22) notices were sent within 200 feet and within the subdivision and there were four (4) responses Thomas B. Crews, 1654 Royal Oaks Ct., Southlake, Texas in favor, Stan Mersenski, 1646 Royal Oaks Ct., Southlake, Texas in favor, William & Cheryl Zimmerman, 1656 Creekside Dr., Southlake, Texas in favor, and Cliff & Michelle Hobbs, 1649 Royal Oaks, Southlake, Texas in favor. The applicant Doug Turner, 1647 Royal Oaks Ct., Southlake, Texas once sworn in, presented items to the Board and answered questions. Chairman Standerfer opened and closed the public hearing at 7:41:35 p.m. Lewis Miltenberger entered a motion to approve ZBA Case #527 as presented. Motion: Miltenberger Second: Muller Ayes: Muller, Smart, Miltenberger, Waldman, Standerfer Nays: None Abstain: None Vote: 5-0-0 to Approve Agenda Item #10 ZBA Case #528, Variance to setback between buildings for an accessory building. 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 detached gazebo approximately six (6) feet to the house in the rear yard. The property is located at 606 Logans Lane, being legally described as Lot 4, Block 27, Timarron Addition-Strathmore, and being approximately 0.40 acres. Mr. Bryner reported that one hundred seventeen (117) notices were sent within 200 feet and within the subdivision and there were six (6) responses Al Kepler, 609 Logans Lane, Southlake, Texas in favor, Doris Jean Head, 1207 Lansdowne Ct., Southlake, Texas in favor, Richard P. & P. Lyndia Cashion, 600 Fairway View Ter., Southlake, Texas in favor, Nicholas & Teresa Zaffiris, 1209 Strathmore Dr., Southlake, Texas opposed, Susan & Ernest Bravo, 603 Fairway View Ter., Southlake, Texas in favor, Clair & Roger Taylor, 605 Logans Ln., Southlake, Texas in favor, A. M. Callaway, 614 Aberdeen Way, Southlake, Texas in favor, Ilona & Joseph Barquette, 1206 Lansdowne Way in favor, Norman Rosenberg, 1203 Strathmore Dr., Southlake, Texas opposed, Mark & Monique Kussman, 1226 Strathmore Dr., Southlake, Texas in favor, Cledis & Ronna Blassner, 610 Logans Ln., Southlake, Texas in favor, Robert & Elizabeth Bellian, 615 Fairway View Ter., Southlake, Texas undecided, Charles J. Lisa A. Marshall, 611 Logans Ln., Southlake, Texas in favor, Martin Peige, 405 LaFayette Park, Southlake, Texas in favor. The applicants, Michael & Mimi Best 606 Logins Ln., Southlake, Texas once sworn in, presented items to the Board and answered questions. Chairman Standerfer opened and closed the public hearing at 7:54:29 p.m. Michael Waldman entered a motion to approve ZBA Case #528 with the stipulation that the drawings given to staff are part of the approval. Motion: Waldman Second: Miltenberger Ayes: Waldman, Miltenberger, Muller, Smart, Standerfer Nays: None Abstain: None Vote: 5-0-0 to Approve Agenda Item #6 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 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 Drew Johnson, 705 Kent Ct., Southlake, Texas once sworn in, presented items to the Board and answered questions. Chairman Standerfer opened the public hearing at 8:05:14 p.m. Jeff Renwick, 330 Silverwood Cir., Southlake, Texas once sworn in, spoke in favor of placement of stables. Chairman Standerfer closed public hearing at 8:07:05 p.m. Chairman Standerfer entered a motion to approve ZBA Case #523 as submitted allowing a ten (10) foot side yard set back with an additional provision that no structure may be closer than one hundred (100) feet from the rear property line. Motion: Standerfer Second: Smart Ayes: Muller, Smart, Miltenberger, Waldman, Standerfer 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. Due to the fact Mr. John Beville still was not present; Lewis Miltenberger entered a motion to table ZBA Case #518 until the September 13, 2007 meeting. Motion: Miltenberger Second: Muller Ayes: Waldman, Miltenberger, Muller, Smart, Standerfer Nays: None Abstain: None Vote: 5-0-0 to Approve Agenda Item #11 Meeting to Adjourn A motion was made to adjourn the meeting. 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