Loading...
1998-12-10 CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING DECEMBER 10, 1998 7:25 p.m. MEMBERS PRESENT: David Harris, Chairperson; Art Sorenson, Vice Chairperson; Dennis Minder, Ron Troy, John Smart MEMBERS ABSENT: Vernon Stansell, Alternate #1; George Dalton, Alternate #2 STAFF PRESENT: Karen Gandy, Zoning Administrator; Arthur Wright, Zoning Assistant; Jean Bryson, Secretary. Agenda Item #2 Approval of the Minutes. The minutes of the November 12, 1998, Regular Board of Adjustments Meeting were deemed approved by the Chair as corrected. Motion: Smart Second: Troy Ayes: Minder, Smart, Troy, Harris Nays: None Vote: 4 - 0 (Mr. Sorenson did not arrive until Agenda Item #3) Agenda Item #3 Administrative Comments. Ms. Gandy, Zoning Administrator, reported that the sample motions provided by staff had been approved by the city attorneys and were ready for discussion. No further administrative comments were reported. Agenda Item #4 Modification of the Board's Rules of Procedure. Agenda Item #4 was the consideration of the modification of the Board's Rules of Procedure. A motion was made to move Agenda Item #4 to the end of the meeting and proceed with the cases. Motion: Sorenson Second: Minder Ayes: Minder, Smart, Troy, Sorenson, Harris Nays: None Vote: 5 - 0 to move Agenda Item #4 to the end of the meeting. Zoning Board of Adjustments Meeting Page 2 December 10, 1998 Agenda Item #5 ZBA Case No. 302, Variance. ZBA Case No. 302 is a request for a Variance to Ordinance No. 480, Section 34.2 (b), requiring that no accessory building shall be erected within ten feet (10') of any other building, and Section 14.5 (c), requiring lots in the " SF-2013" Single Family Residential District to have side yards of not less than fifteen feet (15'). The applicant is requesting to place an accessory building seven and one-half feet (7'6") from a residential structure, and to encroach fifteen feet (15') into the side yard to permit an accessory building on the property line. The property is located at 1215 Westmont Drive, legally described as Lot 8, Block 2, Oak Tree Estates, and being approximately 0.461 acres situated in the John A. Freeman Survey, Abstract No. Current zoning is " SF-20B" Single Family Residential District. The owner and applicant is Armand Faggioni. Mr. Wright, Zoning Assistant, reported that seventeen (17) notices were sent to property owners within 200 feet and there were two (2) responses opposed to the request. Public Hearing. Mr. Faggioni was present requesting to leave his boat awning seven and one-half feet (7'6") from a residential structure, and to encroach fifteen feet (15') into the side yard. Ted Cook, president of the Oak Tree Estates Homeowners Association, spoke in opposition to the request. Mr. Faggioni made a rebuttal. There was no other person wishing to speak either in favor or in opposition of the request. Public Hearing Closed. The findings were stated by Mr. Harris. A motion subject to the findings was made to approve ZBA Case No. 302 as presented. Motion: Troy Second: Smart Ayes: None Nays: Minder, Smart, Troy, Sorenson, Harris Vote: 0 - 5 to deny the request for a Variance. Agenda Item #6 ZBA Case No. 305, Variance. ZBA Case No. 305 is a request for a Variance to Ordinance No. 480, Section 34.2 (e), which requires that accessory buildings shall not exceed one story or fourteen feet (14') in height, and a Special Exception Use permit per Ordinance No. 480, Section 44.12 (3) for the construction of accessory Zoning Board of Adjustments Meeting Page 3 December 10, 1998 Agenda Item #5 continued. 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 build an accessory building with two (2) stories, not to exceed twenty feet (20') in height as defined in the Uniform Building Code, and with an area of not more than two thousand seven hundred and twenty (2,720) square feet, conditional upon the applicant platting Tracts 8A11 and 8A15 into one lot and rezoning the property to "SF-IA" Single Family Residential District. The property is located at 479 West Highland Street, being legally described as Tracts 8A11 and 8A15, situated in the Thomas M. Hood Survey, Abstract No. 706, and being approximately 4.87 acres. The current zoning is "AG" Agricultural District. The owner and applicant is Ray Williamson. 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 and two (2) responses opposed to the request. Public Hearing. Ray Williamson was present requesting a Variance and a Special Exception Use. There was no other person wishing to speak either in favor or in opposition of the request. Public Hearing Closed. The findings for granting a Variance were stated by Mr. Harris. A motion subject to the findings was made to approve the variances requested in ZBA Case No. 305 as presented. Motion: Sorenson Second: Troy Ayes: Minder, Smart, Troy, Sorenson, Harris Nays: None Vote: 5 - 0 to approve the requested Variances. The findings for granting a Special Exception Use were stated by Mr. Sorenson. A motion was made to amend and grant the Special Exception Use permit request to a one thousand four hundred and forty (1,440) square foot accessory building. Motion: Sorenson Second: Troy Ayes: Minder, Smart, Troy, Sorenson, Harris Nays: None Vote: 5 - 0 to grant the Special Exception Use permit. Zoning Board of Adjustments Meeting Page 4 December 10, 1998 Agenda Item #7 ZBA Case No. 306, Special Exception Use Permit. ZBA Case No. 306 is a request for 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 the one thousand (1,000) square feet permitted in the "SF-IA" Single Family Residential District. The applicant is requesting to construct a horse barn with an area of one thousand two hundred and ninety six (1,296) square feet, in addition to the seven hundred sixty-four (764) square feet of existing accessory buildings on the property, for a total area covered by the accessory buildings of two thousand and sixty (2,060) square feet. The property is located at 3001 Lake Drive, being legally described as Lot 4, Hudson Bay Estates, and being approximately 2.24 acres situated in the John Childress Survey, Abstract No. 254. The current zoning is "SF-IA" Single Family Residential District. The owner and applicant is H. Durwood Cochrum. Mr. Wright, Zoning Assistant, reported that seventeen (17) notices were sent to property owners within 200 feet and there were four (4) responses in favor to the request. Public Hearing. There was no other person wishing to speak either in favor or in opposition of the request. Public Hearing Closed. The findings were stated by Mr. Harris. A motion was made to approve ZBA Case No. 306 as presented. Motion: Troy Second: Minder Ayes: Minder, Smart, Troy, Sorenson, Harris Nays: None Vote: 5 - 0 to grant the Special Exception Use permit. Agenda Item #4 Modification of the Board's Rules of Procedure resumed. A discussion was held on the Motion Format for Special Exception Use or ZBA Case other than a Variance, the Motion Format for a Variance (or Variances), and the Motion Format for a Variance and Special Exception Use in a Single Case. Zoning Board of Adjustments Meeting Page 5 December 10, 1998 Agenda Item # 8 Meeting Adjourned. A motion was made to adjourn the meeting. Motion: Minder Second: Smart Ayes: Minder, Smart, Troy, Sorenson, Harris Nays: None Vote: 5 - 0 to adjourn the meeting. Meeting Adjourned at 9:00 P. M. David Harris, Chairman e ryson ttended the meeting and prepared the minutes ATTEST: Sandra L. LeGrand City Secretary BOARD OF ADJUSTMENT MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE C~ AME ADDR SS PH E AGENDA ITEM g ske)