2006-07-27
REGULAR ZONING BOARD OF ADJUSTMENT
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: July 27, 2006
MEMBERS PRESENT: Vice-Chairman David Lambert; John Smart; Greg Standerfer;
Anita McSweeney, Alternate #2;
MEMBERS ABSENT: Chairman Lewis Miltenberger; Danny Mayer; Kristin Jain,
Alternate 1; 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: Vice-Chairman Lambert called the meeting to order at
6:31:32 p.m.
Agenda Item # 2 Approval of the Minutes:
The minutes of the July 13, 2006 Regular Zoning Board of Adjustment meeting were
deemed approved at 6:31:32 p.m. by Anita McSweeney as presented.
Motion: McSweeney
Second: Smart
Ayes: Smart, Lambert, Standerfer, McSweeney
Nays: None
Abstain: None
Vote: 4-0 to Approve
Agenda Item # 3 Administrative Comments:
Mr. Bryner, senior planner, announced that he will notify the Board of the next meeting
date.
Vice-Chairman Lambert read the meeting format outline.
Agenda Item #4 ZBA Case #486, Special Exception Use Permit for an accessory
building of a size greater than permitted and Variance to the permitted height.
Case ZBA-486, 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 and 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.
The applicant is requesting to construct a detached garage of approximately one thousand
six hundred (1,600) square feet making the total square footage for accessory buildings to
be approximately one thousand seven hundred twenty (1,720) square feet with the
proposed garage having a height of approximately seventeen (17) feet.
AMENDED REQUEST:
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 garage of approximately
one thousand six hundred (1,600) square feet making the total square footage for accessory
buildings to be approximately one thousand seven hundred twenty (1,720) square feet.
The property is located at 1400Emerald Circle, being legally described as Lot 15, Block 1,
Emerald Estates, and being approximately 1.14 acres.
Mr. Bryner reported that twelve (12) notices were sent to adjacent properties within 200
feet and twelve (12) responses, Mary Blackwell, 1491 Emerald Circle, Southlake, Texas
opposed, Chris and Lori Nelson, 1450 Emerald Circle, Southlake, Texas opposed, Gary
and Sally Smith 1391 Emerald Circle, Southlake, Texas opposed, Gregory E. Swain,
2407 Taylor Street, Southlake, Texas opposed, and JoAnn Swain, 2407 Taylor Street,
Southlake opposed, Aileen Gonzalez, 2405 Taylor St., Southlake, Texas opposed, Annie
Dukin Myers, 1350 Emerald Circle, Southlake, Texas opposed, Bret A Myers, 1350
Emerald Circle, Southlake, Texas opposed Jessica & Rafael Otoya, 1351 Emerald Circle,
Southlake, Texas opposed, Linda R. White, 1451 Emerald Circle, Southlake, Texas
opposed, Charlene Coffield, 1401 Emerald Circle, opposed, Richard Schneider, 1401
Emerald Circle, Southlake, Texas opposed. In addition, notices were sent to properties
within the subdivision and eighteen (18) responses were received, Suzanne Huffman,
1260 Taylor Street, Southlake, Texas opposed, August Shilling, 1260 Taylor Street,
Southlake, Texas opposed, Judy Miller, 2405 N. Carroll Avenue, Southlake, Texas
opposed, Thomas and Beverly Zipfel, 1120 Taylor Street, Southlake, Texas opposed,
Gene Haggerty, 1200 N. Taylor Street, Southlake, Texas opposed, Adrian B. Brian, 2413
N. Taylor Street, Southlake, Texas opposed, Florence S. Brian, 2413 N. Taylor Street,
Southlake, Texas opposed, David and Theresa Callahan, 2411 Taylor Street, Southlake,
Texas opposed, Gary and Marilyn Montigold 2410 Emerald Circle, Southlake, Texas
opposed, Gary and Brenda Nesbitt, 2406 Emerald Circle, Southlake, Texas opposed, and
Arnulfo Pereira, 2411 Emerald Circle, Southlake, Texas in favor, Breck Orcutt, 2406
Taylor St., Southlake, Texas opposed, Floyd McGlothlin, 2409 Emerald Circle,
Southlake, Texas opposed, Jeannie & Bruce McGregor, 2412 Emerald Circle, Southlake,
Texas opposed, Holly Wright, 1201 Emerald Circle, Southlake, Texas opposed, Cynthia
Steputis, 1202 Emerald Circle, Southlake, Texas opposed, Charles Wells, 1240 Emerald
Circle, Southlake, Texas opposed. Finally, seven (7) written responses were received at
the meeting, Cindy Steputis, 1201 Emerald Circle, Southlake, Texas opposed, Chris
Nelson, 1450 Emerald Circle, Southlake, Texas opposed, Holly Wright, 1201 Emerald
Circle, Southlake, Texas in favor, Annie and Bert Myers, 1350 Emerald Circle,
Southlake, Texas opposed, Floyd McGlothlin and Ellen Bratton, 2409 Emerald Circle,
Southlake, Texas opposed, Charlene Coffield, 1401 Emerald Circle, Southlake, Texas
undecided, and Linda R. White, 1451 Emerald Circle, Southlake, Texas opposed.
The applicants Todd Bryan, 1400 Emerald Circle, Southlake, Texas presented items to the
Board and answered questions.
Vice-Chairman Lambert opened the public hearing at 6:54:59 p.m.
Holly Wright, 1201 Emerald Circle, Southlake, Texas spoke in favor she had met with
the Bryans and assisted with redrawing the Bryan's two plans that were presented to the
Board and felt the amended proposals were acceptable to the style of the neighborhood.
Charlene Coffield, 1401 Emerald Circle, Southlake, Texas is undecided feeling the new
look presented to the Board was a better set up for the overall look in the neighborhood.
Jessica Otoya, 1351 Emerald Circle, Southlake, Texas opposed due to regulations in place
for the neighborhood and other neighbors that are wanting to build are waiting for the
outcome of this case so they too can build larger structures.
JoAnn Swain, 2407 Taylor Street, Southlake, Texas opposed due to size, number of
vehicles, noise, safety, flooding is a concern, and possibility of fires.
Floyd McGlothlin 2409 Emerald Circle, Southlake, Texas opposed due to size, number of
vehicles, no drive way will make a muddy look, the precedence it sets for the next
residence wanting to do the same, and it goes against the regulations already in place.
August Schilling, 1260 Taylor Street, Southlake, Texas spoke in opposition to size,
number of vehicles, no drive way will make a muddy look, and the precedence that is set
for next residence wanting to do the same, and it is a 72 % exception.
Vice-Chairman Lambert gave the applicant an opportunity to respond.
The applicants Todd Bryan, responded to the concerns of the neighbors.
Vice-Chairman Lambert closed the public hearing at 7:23:45 p.m.
Vice-Chairman Lambert opened the public hearing again at 7:34:51 p.m.
The applicants Todd Bryan, responded to the concerns of the neighbors and the Board.
Floyd McGlothlin 2409 Emerald Circle, Southlake, Texas spoke in favor of a 1200 square
foot variance of the total accessory buildings on the property.
August Schilling, 1260 Taylor Street, Southlake, Texas concerned of deed restrictions and
could the Board approve a variance that is different or in conflict with these restrictions
and Board answered yes.
Vice-Chairman Lambert closed the public hearing at 7:40:17 p.m.
John Smart made a motion that ZBA case # 486 be approved with the following
conditions: a landscape buffer area immediately adjacent the building with irrigation;
elevation conform with either on of the two renderings presented by Todd Bryan with
windows on the side walls; include brick wainscot similar to the two renderings seen this
night on all four sides; to match the tan/brown brick on main house; and the square
footage be no more than 1,200 square feet total for all outside accessory buildings.
Motion: Smart
Second: Standerfer
Ayes: Smart, Vice-Chairman Lambert, Standerfer, McSweeney
Nays: None
Abstain: None
Vote: 4-0-0 to Approve
AP-enda Item #5 Meeting to Adiourn
A motion was made to adjourn the meeting.
Motion: Lambert
Time: 7:42:29 p.m.
Vice-Chairman David Lambert
Dianna J. Br ner
ZBA Secretary
WCommunity Development\ZBA\Minutes\2006\07-27-06.doc
ZONING BOARD OF ADJUSTMENT
SIGN IN SHEET
Date:
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