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2006-12-28 r REGULAR ZONING BOARD OF ADJUSTMENT City of Southlake 1400 Main Street, Southlake, Texas Southlake, Texas 76092 MEETING DATE: December 28, 2006 MEMBERS PRESENT: Vice-Chairman Greg Standerfer; Michael Waldman; Kristin Jain, Alternate 1; FranV Cornish, Alternate # 2; Anita McSweeney, Alternate #4. MEMBERS ABSENT: Chairman Lewis Miltenberger; Danny Mayer; John Smart; Brook Bram ey, Alternate 3. 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 November 16, 2006 Regular Zoning Board of Adjustment meeting were deemed approved at 6:30:46 p.m. by Vice-Chairman Standerfer as presented. Motion: Waldman Second: Jain Ayes: McSweeney, Jain, Standerfer, Waldman Nays: None Abstain: None Vote: 4-0-0 to Approve Agenda Item # 3 Administrative Comments: Mr. Bryner, Planner II, announced the next meeting will be on January 11, 2007. Agenda Item #4 ZBA Case #503, Special Exception Use Permit for an accessory building of an aggregate size greater than permitted in the zoning district. Case ZBA #503, 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 replace an existing accessory building with a greenhouse and storage building of twelve hundred (1200) square feet making the total square footage for accessory buildings to be approximately three thousand six hundred (3,600) square feet. The property is located at 1055 E. Dove Street, being legally described as Lot 4, A.H. Chivers No. 299 Addition, and being approximately 2.3 acres. Mr. Bryner reported that twelve (12) notices were sent within 200 feet and within the subdivision and three (3) responses, Rich Robbins, 909 Aspen Ridge, Southlake, Texas, opposed, Donald Anderson, 917 Aspen Ridge, Southlake, Texas, opposed, Paul Conn, 921 921 Aspen Ridge, Southlake, Texas, opposed, and one (1) response was received at the meeting Patrick Gray, 925 Aspen Ridge, Southlake, Texas, opposed. The applicant Michael Miller, 1055 E, Dove, Southlake, Texas once sworn in, presented items to the Board and answered questions. Vice-Chairman Standerfer opened the public hearing at 6:43:40 p.m. Rich Robbins, 909 Aspen Ridge, Southlake, Texas, spoke in opposition; his concern was the view because of the size of the buildings in the rear yard. Patrick Gray, 925 Aspen Ridge, Southlake, Texas, spoke in opposition; his concern was the view and the size of the buildings in the rear yard. Vice-Chairman Standerfer closed the public hearing at 6:53:02 p.m. Michael Waldman made a motion to approve ZBA case # 503 with the following stipulations, an eight (8) foot cedar fence built along the South property line and up forty (40) feet on either side of the property and the removal of the storage trailers once the new structure is completed. Motion: Waldman Second: McSweeney Ayes: McSweeney, Jain, Standerfer, Waldman Nays: None Abstain: None Vote: 4-0-0 to Approve Agenda Item #5 ZBA Case #504, Variance to minimum lot area for a private septic system and to minimum lot area for "SF-1A" zoning. Case ZBA # 504, 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 and a Variance to Ordinance No. 480, Section 11.5 (f), requiring a minimum lot area of not less than forty three thousand five hundred sixty (43,560) square feet for property with "SR-1 A' Single Family Residential District zoning. The applicant is requesting to have a private septic system on a tract of land that will be less than one acre in size to have a minimum lot area of approximately thirty-two thousand (32,000) square feet. The property is located at 3560 Burney Lane, being legally described as Tract 2H, situated in the J. Childress Survey, Abstract No. 254, and being a total of approximately 0.81 acres. Mr. Bryner reported that eleven (11) notices were sent within 200 feet and within the subdivision and two (2) responses, Gloria & Dave Ault, 3570 Burney Lane, Southlake, Texas, in favor, Mr. & Mrs. Eastwood, 3530 Carmel Court, Southlake, Texas, in favor. The applicant provided a list of signatures in favor of the proposal and are included as part of the staff report. The applicant Jay Hartman, 3560 Burney Lane, Southlake, Texas once sworn in, presented items to the Board and answered questions. Frank Cornish arrived at the meeting at 7:05:40 p.m. Vice-Chairman Standerfer opened and closed the public hearing at 7:08:19 p.m. Michael Waldman made a motion to approve ZBA case # 504 as presented. Motion: Waldman Second: Jain Ayes: McSweeney, Jain, Standerfer, Waldman, Cornish Nays: None Abstain: Cornish Vote: 4-0-1 to Approve Agenda Item #5 ZBA Case #505, Variance to side yard setback. Case ZBA # 505, Variance to Ordinance No. 480, Section 14.5 (c), requiring a side yard of not less than fifteen (15) feet. The applicant is requesting to construct an addition to the house that will have a side yard setback of approximately ten (10) feet. The property is located at 706 Chaucer Court, being legally described as Lot 14, Block 2, Cambridge Place, Phase 1, and being approximately 0.47 acres. Mr. Bryner reported that eighty-four (84) notices were sent within 200 feet and within the subdivision and three (3) responses, Steve & Catherine Mohr, 713 Manchester Court, Southlake, Texas, in favor, Roger Gerlach, 700 Manchester Court, Southlake, Texas, opposed, Maryse & Thomas Braun, 2712 Brookshire Drive, Southlake, Texas, in favor. The applicant's representative Marcus Davis of C.A.S. Building & Remodeling, 9516 W. Camp Bowie, Fort Worth, Texas once sworn in, presented items to the Board and answered questions. Mr. Davis also provided seven (7) letters Jesse & Jamie Cadiz, 707 Chaucer Court, Southlake, Texas, in favor, Diane Eberhart, 705 Chaucer Court, Southlake, Texas, in favor, Toney Knight, 708 Chaucer Court, Southlake, Texas, in favor, Clayton C. Gumm, 704 Chaucer Court, Southlake, Texas, in favor, Brenda Stephens, 700 Chaucer Court, Southlake, Texas, in favor, Monte Jolley, 701 Chaucer Court, Southlake, Texas, in favor, Julia Webb, 703 Chaucer Court, Southlake, Texas, in favor, and a letter from Charles Griffith representing the Architecture Committee of the Homeowners Association approving the plans. Vice-Chairman Standerfer opened and closed the public hearing at 7:17:16 p.m. Anita McSweeney made a motion to approve ZBA case # 505 as presented. Motion: McSweeney Second: Waldman Ayes: McSweeney, Standerfer, Waldman, Cornish Nays: None Abstain: Jain Vote: 4-0-1 to Approve AP-enda Item #6 ZBA Case #506, Variance to side yard setback. Case ZBA # 506, Variance to Ordinance No. 480, Section 14.5 (d), requiring a rear yard of not less than forty (40) feet. The applicant is requesting to construct an addition to the house that will have a rear yard setback of approximately nineteen (19) feet. The property is located at 208 Lake Crest Drive, being legally described as Lot 5, Block 3, Lake Crest Addition, and being approximately 0.46 acres. Mr. Bryner reported that fifty-three (53) notices were sent within 200 feet and within the subdivision and five (5) responses, Mary and John Dominguez, 209 Lake Crest Drive, Southlake, Texas, in favor, Richard Yonis, 200 Lake Crest Drive, Southlake, Texas, in favor, Kathryn Papadenis, 206 Lake Crest Drive, Southlake, Texas, in favor, Mr. & Mrs. Raymond W. Burbank, 201 Lake Crest Drive, Southlake, Texas, in favor, Jeff Wheeler, 305 Canyon Lake Drive, Southlake, Texas, in favor. The applicant Christopher Holland, 208 Lake Crest Drive, Southlake, Texas once sworn in, presented items to the Board and answered questions. Vice-Chairman Standerfer opened and closed the public hearing at 7:27:53 p.m. Michael Waldman made a motion to approve ZBA case # 506 as presented. Motion: Waldman Second: McSweeney Ayes: McSweeney, Jain, Standerfer, Waldman, Cornish Nays: None Abstain: None Vote: 5-0-0 to Approve Agenda Item #7 Meetiny- to Adjourn A motion was made to adjourn the meeting. Motion: Jain Time: 7:30:05 p.m. Vice-Chaff an Standerfer Dianna J. Brawner ZBA Secretary N:\Community Development\ZBA\Minutes\2006\12-28-06.doc ZONING BOARD OF ADJUSTMENT SIGN IN SHEET Date: j)7-L' ¢j,.z.................... r ~ICVI C 92--1 2 C l05~~ ZG ~