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2006-03-16 REGULAR BOARD OF ADJUSTMENT MEETING March 16, 2006 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers of Town Hall REGULAR AGENDA: 6:30 P.M. 1. Call to Order. 2. Approval of Minutes of the February 16, 2006 Regular Board of Adjustment Meeting. 3. Administrative Comments. 4. Consider: Case ZBA-478, 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 less than one acre in size. Location: 1223 Woodsey Court, being legally described as Tract 1 B4L3, situated in the H. Decker Survey, Abstract No. 438, and being approximately 0.46 acres. Current Zoning: "MH" Manufactured Housing District. Applicant: Nosa Evbuomwan. Public Hearing 5. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, March 10, 2006, at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. `eayW~,G g`S~iY4YYppjpd 0~~ 040S Lori Farwell, T C CO City Secretary % If you plan to attend this public meeting and have a disability fltdtv*tpl~es special needs, please advise the City Secretary 48 hours in advance at (817) 748-8016, and reasonable accommodations will be made to assist you. REGULAR ZONING BOARD OF ADJUSTMENT City of Southlake 1400 Main Street, Southlake, Texas Southlake, Texas 76092 MEETING DATE: March 16, 2006 MEMBERS PRESENT: John Smart; Greg Standerfer; Kristin Jain, Alternate #1; Anita McSweeney, Alternate 2. MEMBERS ABSENT: Chairman Lewis Miltenberger; Vice-Chairman David Lambert; Danny Mayer; Brook Bramley, Alternate #3, Frank Cornish, Alternate #4; STAFF PRESENT: Ben Bryner, Senior Planner; and Dianna Brawner, ZBA Secretary. Agenda Item # 1 Call to Order: Acting-Chairman John Smart called the meeting to order at 6:30:02 p.m. Agenda Item # 2 Approval of the Minutes: The minutes of the February 16, 2006 Regular Zoning Board of Adjustment meeting were deemed approved at 6:33:25 p.m. as presented. Motion: Jain Second: Standerfer Ayes: McSweeney, Jain, Smart, Standerfer Nays: None Abstain: None Vote: 4-0-0 to Approve Agenda Item #3 ZBA Case #478, 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 less than one acre in size. The property is located at 1223 Woodsey Court, being legally described as Tracts 1B4L3, situated in the H. Decker Survey, Abstract No. 438, and being a total of approximately 0.46 acres Mr. Bryner reported that eighteen (18) notices were sent and zero (0) responses were received. The applicant Nosa Evbuomwan, 1223 Woodsey Court, Southlake, Texas, presented the item to the Board and answered questions. Acting-Chairman Smart opened the public hearing at 6:56:59 p.m. Rose Sanders, 1229 Woodsey Court, spoke in opposition at 6:58:07 p.m. Ms. Sanders is concerned that the applicant will not follow through with hooking up to city sewer once his variance is approved. The applicant Nosa Evbuomwan responded to the old septic system was in fact removed and that his receipt from Tarrant County was his proof of permitting his aerobic system. Acting-Chairman Smart closed the public hearing at 7:02:34 p.m. Greg Standerfer made a motion that case no. ZBA-478 be approved with specific instructions as follows: the variance for the use of septic system proposed apply to the 1223 Woodsey Court property only and that the present septic system use will expire by June 30, 2006. Further subject to and condition upon the applicant tying onto any available sanitary sewer line that is located no further than 100 feet of the property within a 30 day period following the availability of the sewer line. The approval is further subject to and conditioning upon posting of payments for performance and maintenance bonds as required by the developer's agreement attached to the packet or accepted in writing by the City. In addition to commencement of construction for the sewer line improvements, the actual variance will not be granted until construction has been started. Once the sanitary sewer is in fact connected the applicant will terminate the septic system on or before June 30, 2006 and the removal of the existing above ground equipment in accordance with State and local laws. In the case that the sewer line has not been constructed and the septic system not removed by June 30, 2006 and the applicant needs additional time, he must come back to the Board and make request for extension. Motion: Standerfer Second: McSweeney Ayes: McSweeney, Jain, Smart, Standerfer Nays: None Abstain: None Vote: 4-0-0 to Approve Agenda Item #4 Meeting to Adjourn A motion was made to adjourn the meeting. Motion: Standerfer Time: 7:20:06 p.m. Ac g-Chairman John mart Dianna J. Brawn ZBA Secretary NACommunity Development\ZBA\Minutes\2006\03-16-06.doe ZONING BOARD OF ADJUSTMENT SIGN IN SHEET Date: Name. ` ~ Address ~ _ _ _ L.F..'4.µ - r _ ~ ,-.6. wn_... _a..v.-...~dd_ 1. i ~"2c.... f;-. ,'t'Y 3 SaEr.{-~~ ~ .K. •",~;;~T v.a~z `G fl~5r~. 6 E, f