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2006-10-12 REGULAR ZONING BOARD OF ADJUSTMENT City of Southlake 1400 Main Street, Southlake, Texas Southlake, Texas 76092 MEETING DATE: October 12, 2006 MEMBERS PRESENT: Vice-Chairman Greg Standerfer; Michael Waldman; John Smart; Kristin Jain, A ternate #1; Frank Cornish, Alternate #2; Brook Bramley, Alternate # 3. MEMBERS ABSENT: Chairman Lewis Miltenberger; Danny Mayer; Anita McSweeney, Alternate 4. STAFF PRESENT: Ben Bryner, Planner II; and Dianna Brawner, ZBA Secretary. Agenda Item # 1 Call to Order: Vice-Chairman Standerfer called the meeting to order at 6:30:05 p.m. Agenda Item # 2 Approval of the Minutes: The minutes of the September 28, 2006 Regular Zoning Board of Adjustment meeting were deemed approved at 6:30:47 p.m. by Vice-Chairman Standerfer as presented. Motion: Waldman Second: Jain Ayes: Bramley, Jain, Smart, Vice-Chairman Standerfer, Waldman, Cornish Nays: None Abstain: None Vote: 6-0-0 to Approve Agenda Item # 3 Administrative Comments: Mr. Bryner, Planner II, announced the next meeting will be on October 26, 2006. Vice-Chairman Standerfer read the meeting format outline. Agenda Item #4 ZBA Case #495, Special Exception use Permit for portable buildings. Case ZBA-495, Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for portable buildings. The applicant is requesting a one (1) year extension of a portable building on the property for temporary office space. The property is located at 540 Commerce Street, being legally described as Lot 2R1, Block C, Commerce Business Park, and being approximately 6.655 acres. Mr. Bryner reported that twenty-nine (29) notices were sent within 200 feet and within the subdivision with four (4) responses, Edwin Mannhart, 375 Commerce Street, Southlake, Texas opposed, Four Star Investments, 545 Commerce Street, Southlake, Texas in favor, Big L, Inc., 2895 Market Loop, Southlake, Texas in favor, and Henry Taylor of Architectural Testing, 2865 market Loop, Suite B, Southlake, Texas in favor. The applicant's representative Tim Mullikin, 2225 N. White Chapel Boulevard, Southlake, Texas once sworn in, presented items to the Board and answered questions. Vice-Chairman Standerfer opened and closed the public hearing at 6:51:18 p.m. Michael Waldman made a motion to approve ZBA case # 495 for one year and the same conditions still apply as previously approved (October 28, 2004). Motion: Waldman Second: Cornish Ayes: Jain, Vice-Chairman Standerfer, Waldman, Cornish Nays: Smart Abstain: Bramley Vote: 4-1-1 to Approve Agenda Item #5 ZBA Case #496, Special Exception use Permit for an accessory building of an aggregate size greater than permitted. Case ZBA-496 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. The applicant is requesting to construct an accessory building of approximately three hundred ninety (390) square feet malting the total square footage for accessory buildings to be approximately one thousand six hundred (1,600) square feet. The property is located at 1201 Cypress Creek Circle, being legally described as Lot 9, Block 2, Trail Creek, First Phase, and being approximately 1.80 acres. Mr. Bryner reported that twenty nine (29) notices were sent within 200 feet and within the subdivision with six (6) responses, Greg & Jan Metzger, 1351 Post Oak Trail, Southlake, Texas in favor, Lorn Bolton, 1200 Cypress Creek Circle in favor, Randy & Donna Bradley, 1375 N. Peytonville Avenue, Southlake, Texas in favor, Kurt Y Melinda Fullmer, 1300 Post Oak Trail, Southlake, Texas in favor, Sara Van Cleve, 1602 Kings Court, Southlake, Texas in favor, and Susan & Dan Beers, 1600 Kings Court, Southlake, Texas in favor. The applicant Rick Borkowski, 1201 Cypress Creek Circle, Southlake, Texas once sworn in, presented items to the Board and answered questions. Vice-Chairman Standerfer opened and closed the public hearing at 6:51:18 p.m. John Smart made a motion to approve ZBA case # 496 as presented. Motion: Smart Second: Jain Ayes: Jain, Smart, Vice-Chairman Standerfer, Waldman, Cornish Nays: None Abstain: Bramley Vote: 5-0-1 to Approve Agenda Item #6 ZBA Case #497, Variance to swimming pool setback. Case ZBA-497 Variance to Ordinance No. 480, Section 34.1 (f), requiring a private swimming pool to not be closer than five (5) feet to another structure. The applicant is requesting to have a swimming pool that will be approximately zero (0) feet from a proposed patio cover. The property is located at 1880 Randol Mill Avenue, being legally described as Lot 4, Block 1, Saddle Creek Estates, and being approximately 3.14 acres. Mr. Bryner reported that twelve (12) notices were sent within 200 feet and within the subdivision with no (0) responses received. The applicant David Spuria, 1880 Randol Mill Avenue, Southlake, Texas once sworn in, presented items to the Board and answered questions. Vice-Chairman Standerfer opened and closed the public hearing at 7:02:26 p.m. Michael Waldman made a motion to approve ZBA case # 497 Variance as presented. Motion: Waldman Second: Jain Ayes: Jain, Smart, Vice-Chairman Standerfer, Waldman, Cornish Nays: None Abstain: None Vote: 5-0-0 to Approve Agenda Item #7 ZBA Case #498, Special Exception use Permit for an accessory building of a size greater than permitted and Variance to the permitted height. Case ZBA-498, 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 of fourteen (14) feet in height. The applicant is requesting to construct an accessory building of approximately on thousand two hundred (2,200) square feet with the proposed accessory building having a height of approximately twenty-three (23) feet. The property is located at 150 Lilac Lane, being legally described as Lot 8, O.W. Knight No. 899 Addition, and being approximately 2.21 acres. Mr. Bryner reported that twelve (12) notices were sent within 200 feet and within the subdivision with no (0) responses received. The applicant Lori Taylor, 150 Lilac Lane, Southlake, Texas once sworn in, presented items to the Board and answered questions. Vice-Chairman Standerfer opened and closed the public hearing at 7:16:57 p.m. John Smart made a motion to approve ZBA case # 498 with the following conditions that the exterior materials are substantially similar to the existing house and the roof materials match the existing house. Motion: Smart Second: Jain Ayes: Jain, Smart, Vice-Chairman Standerfer, Waldman, Cornish Nays: None Abstain: None Vote: 5-0-0 to Approve Agenda Item #8 Meeting to Adiourn A motion was made to adjourn the meeting. Motion: Frank Cornish Time: 7:19:52 p.m. Vice-Chai Standerfer Dianna J. Brawn r ZBA Secretary NACommunity Development\ZBA\Minutes\2006\10-12-06. doe ZONING BOARD OF ADJUSTMENT SIGN IN SHEET Date: 7~~_ _ . ~~,~."r.~-~ ~Tele honey#€~~:. ;Case#~R NaIll~ ;'cam ;t ~ ~ ~ e ~ kAcldTess~t~~~s-~~.,.~.-x~. '~'_4_ve~-~~-~-'"':.:~..,~...~:~'~? s:I~ ...e:..,~°•- xT,~2n.~. , x' mu 2 2S !v' i+~ ~l i i ~ C rL 114 ~535~ 2l~~ Q9 ~l M(-k Norkow. l Zv ~t e r lJvti~~~ ~(nf~ Cf- SL 7-K 07-yyt-53L6