2000-04-13
CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
April 13, 2000 7:00 p.m.
MEMBERS PRESENT: Dennis Minder, Chairperson; Ralph Evans, Vice Chairperson; John Smart, John
Terrell, Ron Troy, Alternate #2.
MEMBERS ABSENT: Vernon Stansell, Alternate #1
STAFF PRESENT: Karen Gandy, Zoning Administrator; Arthur Wright, Zoning Assistant; Jean Bryson,
Secretary; Kuruvilla Oommen, City Attorney; Malcolm Jackson, Chief of Building Services; Paul Ward, Chief
Building Official; Caroline Seay, Code Enforcement Officer
Agenda Item # 2 Approval of Minutes
The minutes of the of the February 24, 2000, meeting were deemed approved by the Chair as
presented.
Motion: Evans
Second: Troy
Ayes: Troy, Terrell, Smart, Evans, Minder
Nays: None
Vote: 5 - 0 to approve
The minutes of the of the March 30, 2000, meeting were deemed approved by the Chair as
presented.
Motion: Terrell
Second: Smart
Ayes: Troy, Terrell, Smart, Evans, Minder
Nays: None
Vote: 5 - 0 to approve
Agenda Item # 3 Administrative Comments.
Mr. Art Wright, Zoning Assistant, reported the next regular meeting will be April 27, 2000 (1 case).
Mr. Wright reminded the Board Members the dead line is April 28, 2000 to file to reappointment applications.
Agenda Item # 4 Variance
ZBA Case No. 344, Variance to Ordinance No. 480, Section 11.5.c, requiring lots in the "SF-1A"
Single Family Residential District to have side yards no less than twenty (20) feet. The applicant
is requesting to have a detached garage encroach into the side yard not more than ten (10) feet.
Location: 1189 Adams Lane, being legally described as Lot 6, Block 1, Adams Addition, situated
in the Hiram Granberry Survey, Abstract No. 581, and being approximately 1.0188 acres. Current
Zoning Board of Adjustment Meeting page 2
April 13, 2000
Agenda Item # 4 continued.
Zoning is "SF-IA" Single Family Residential District. Owner/applicant is Lee and Anissa Stinson.
Mr. Wright, Zoning Assistant, reported that Eight (8) notices were sent to property owners within 200 feet and
there were four (4) responses in favor to the request.
Public Hearing.
Lee Stinson, owner/applicant was present requesting a variance to construct a detached garage with an area
of approximately nine hundred ninety-nine (999) square feet to encroach ten (10) feet into the side yard of the
pie shaped lot.
There was no other person wishing to speak either in favor of or in opposition to the request.
Public Hearing Closed.
The findings were stated by Mr. Minder.
A motion subject to the findings was made to approve ZBA Case No. 344 as presented.
Motion: Troy
Second: Evans
Ayes: Troy, Terrell, Smart, Evans, Minder
Nays: None
Vote: 5 - 0 to approve
Agenda Item # 5 Variance
ZBA Case No.345, Variance to Ordinance No. 480, Section 39.2.e, which requires that a screening device
shall be no more than eight (8) feet in height. The applicant is requesting to have a fence along the front of
the principal dwelling with a height of approximately twelve (12) feet. Location: 1801 Lantana Court, being
legally described as Lot 9, Block 2, Laurelwood Park Addition, situated in the T. Beedy Survey, Abstract No.
72, and being approximately 1 acre. Current zoning is "SF-IA" Single Family Residential District.
Owner/applicant is John Parker.
Mr. Wright, Zoning Assistant, reported that ten (10) notices were sent to property owners within 200 feet and
there were five (5) responses (two (2) in favor and three (3) in opposed) to the request
Public Hearing.
John Parker, owner/applicant was present saying he was erecting two wing walls adjoining the house at the
front. One side will be a gate to the back yard and the other will be fenced in with wrought iron. Mr. Parker
is requesting a variance for the gate in order to allow the passage of vehicles to the back of the property and
the same height for the other wing to keep the symmetry of the house design. Mr. Parker said the request was
for twelve (12) feet; however, the fence is now ten (10) feet in height.
Zoning Board of Adjustment Meeting page 3
April 13, 2000
Agenda Item # 5 continued
A motion was made to continue ZBA Case No. 345 to the end of the meeting
Motion: Troy
Second: Evans
Ayes: Troy, Terrell, Smart, Evans, Minder
Nays: None
Vote: 5 - 0 to continue
Agenda Item # 6 Special Exception
ZBA Case No.346, Special Exception Use permit per Ordinance No. 480, Section 44.12 (3), for the
construction of accessory buildings or structures of a size or aggregate size greater than the one
thousand (1,000) square feet permitted In the "SF-1A" Single Family Residential District. The
applicant is requesting to convert the existing house into an accessory building with a total area
of approximately one thousand seven hundred (1,700) square feet. Location: 650 East Dove Street,
being legally described as Lot 1, James L. Chivers No. 348 Addition, situated in the James L. Chivers
Survey, Abstract No. 348, and being approximately 3.95 acres. Current zoning is "SF - IA"
Single Family Residential District. Applicant is Drake Bennett. Owner is Warren Clark Development, Inc.
Mr. Wright, Zoning Assistant, reported that fifteen (15) notices were sent to property owners within 200
feet and there were three (3) written responses in favor to the request.
Public Hearing.
Gwen Bennett, applicant, was present requesting to convert the existing house on the property to an accessory
building to serve as a game room and pool house, and stated that the building would not to be used as a
residence or family quarters.
There was no other person wishing to speak either in favor of or in opposition to the request.
Public Hearing Closed.
The findings were stated by Mr. Minder.
A motion subject to the findings was made to approve ZBA Case No. 346 as presented.
Motion: Smart
Second: Evans
Ayes: Troy, Terrell, Smart, Evans, Minder
Nays: None
Vote: 5 - 0 to approve
Zoning Board of Adjustment Meeting page 4
April 13, 2000
Agenda Item # 7 Variance and Special Exception
ZBA Case No.347, Variance to Ordinance No. 480, Section 29.5.c requiring lots in the "MH" Manufactured
Housing District to have side yards no less than fifteen (15) feet; a Variance to Ordinance No. 480, Section
34.2b, requiring that no accessory building shall be erected within ten (10) feet of any other building; and a
Special Exception Use permit per Ordinance No. 480, Section 44.12 (3) for the construction of accessory
buildings or structures of a size or aggregate size greater than that permitted in the "MH" Manufactured
Housing District. The applicant is requesting to have an accessory building encroach seven (7) feet into the
side yard, to have a second accessory building encroach five (5) feet into the side yard, to have two accessory
buildings located within six (6) feet of each other, and to have accessory buildings with a total area of nine
hundred and sixty (960) square feet. Location: 1227 Woodsey Court, being legally described as Tract IB4L6A
situated in the Harrison Decker Survey, Abstract No. 438, and being approximately 0.460 acres. Current
zoning is "MH" Manufactured Housing District. Owner/applicant is James Harper.
Mr. Wright, Zoning Assistant, reported that seventeen (17) notices were sent to property owners within 200
feet and there was no written response to the request.
Public Hearing.
James Harper, owner/applicant, introduced his attorney.
Max Maxwell, attorney representing Mr. Harper, stated the property was purchased in 1987 before annexation
into the City of Southlake and Mr. Harper had acted in good faith believing the requirement set forth in his
Deed Restrictions were the guidelines set forth for any addition to his property.
Kuruvilla Oommen, City Attorney, read from Section 2.1 of Ordinance 480 as to the clarification of deed
restrictions.
Teresa Von Rath, 1223 Woodsey Court, spoke in favor of the request.
Russell Turnage, 1225 Woodsey Court spoke in favor of the request.
There was no other person wishing to speak either in favor of or in opposition to the request.
Weldon Adams, 1229 Woodsey Court spoke in opposition to the request.
Deloris Perry, owner of 1229 Woodsey Court, spoke in opposition to the request.
Bill Kubicek, 1230 Woodsey Court, spoke in defense of Building Inspectors.
Mr. Maxwell's rebuttal to the opposition was in defense of the survey, foundation stability, Mr. Harper not
being knowledgeable of the Ordinance and accessory buildings.
Paul Ward, Chief Building Official, gave a summary on the conditions of each of the three (3) accessory
buildings.
Zoning Board of Adjustment Meeting page 5
April 13, 2000
Agenda Item # 7 continued
Malcolm Jackson, Chief of Building Services, spoke on the violations at the address and acting without a
building permit and buildings of unstable construction and health and welfare violations.
Karen Gandy, Zoning Administrator, explained that home businesses were not permitted in accesory buildings
and the limits on the number of dwellings and uses of accessory buildings in the "MH" Manufactured Housing
District.
Mr. Maxwell gave a rebuttal to staff comments.
Mr. Harper gave a rebuttal to staff comments.
Public Hearing Closed.
The findings were stated by Mr. Minder.
A motion subject to the findings was made to approve ZBA Case No. 347 as presented.
Motion: Troy
Second: Terrell
Ayes: None
Nayes: Troy, Terrell, Smart, Evans, Minder
Vote: 0 - 5 to disapprove
Agenda Item # 5 continued from earlier
A motion was made at the request of the applicant to postpone ZBA Case No. 345 to the
April 27, 2000 Meeting.
Motion: Evans
Second: Troy
Ayes: Troy, Terrell, Smart, Evans, Minder
Nays: None
Vote: 5 - 0 to postpone
Agenda Item #8 Meeting Adjourned.
A motion was made to adjourn the meeting.
Motion: Troy
Second: Evans
Ayes: Troy, Terrell, Smart, Evans, Minder
Nays: None
Vote: 5 - 0 to adjourn
Zoning Board of Adjustment Meeting page 6
April 13, 2000
AEenda Item # 8 continued
Meeting Adjourned 9:50 P. M.
Dennis Minder, Chairman
Jean Bryson
Attended the meeting and prepared the minutes
ATTEST:
Sandra L. LeGrand
City Secretary
ZONING BOARD OF ADJUSTMENT
SIGN IN SHEET
DATE
NAME ADDRESS CASE NO.
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