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1999-04-15 CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING April 15,1999 7:00 p.m. MEMBERS PRESENT: David Harris, Chairperson; Dennis Minder, Ron Troy, John Smart, Vernon Stansell, Alternate #1 MEMBERS ABSENT: Art Sorenson, Vice Chairperson; George Dalton, Alternate #2. STAFF PRESENT: Arthur Wright, Zoning Assistant; Jean Bryson, Secretary. Agenda Item #2 Approval of the Minutes. The minutes of the meeting were deemed approved by the Chair as presented. Motion: Troy Second: Minder Ayes: Stansell, Minder, Smart, Troy, Harris Nays: None Vote: 5 - 0 to approve Agenda Item #3 Administrative Comments. Mr. Art Wright, Zoning Assistant, reported the next meeting is scheduled for Apri129, 1999. Mr. Wright also reported item on the request to Council for additional Zoning Board Members. Agenda Item #4 ZBA Case # 310 Variance ZBA Case #310 is a request for a Variance to Ordinance No. 480, Section 33.2 and Section 39.2(e), requiring that fences shall not exceed eight feet (8') in height. The applicant is requesting to have a fence of not more twelve feet (12') in height for a period of two years. The location is 598 Garden Court, being legally described as Lot 9, Garden Addition, being approximately 1 acre, and being situated in the Thomas Beedy Survey, Abstract No. 72. Current Zoning is "SF-IA" Single Family Residential District. The owner/applicants are Michael L. and Victoria J. Dumont. The applicant, Victoria J. Dumont withdrew ZBA Case No. 310. Agenda Item #5 ZBA Case #313 Variance ZBA Case No. 313 is a request for a Variance to Ordinance No. 480, Section 35.4, requiring that all parking and vehicle use areas shall be of an all weather surface material and constructed in accordance with applicable codes, Section 35.6.b (2), requiring for churches and places of worship one (1) parking space for each three (3) seats in the main sanctuary or auditorium, and Section Zoning Board of Adjustment Meeting page 2 April 15, 1999 Agenda Item # 5 continued 39.4.b, requiring that where a non-residential use abuts a residential lot or dwelling, a screening device shall be erected along the side and rear property lines abutting said residential lot or dwelling to a height of eight (8) feet. The applicant is requesting that the requirement for an all weather surface be waived to allow the ten (10) existing parallel parking spaces on the gravel drive to remain in their present condition, that a reduction of not more than fourteen (14) spaces in the required number of parking spaces be granted, and that the requirement for a screening device be waived. The location is 2380 Lonesome Dove Avenue, being legally described as Lot 1, Block 1, Lonesome Dove Baptist Church Addition, being approximately 11.271, and being situated in the N.E. Thompson Survey, Abstract No. 1563. The current zoning is "CS" Community Service District. The applicant is Ty Holcomb and the owner is Lonesome Dove Baptist Church. Mr. Wright, Zoning Assistant, reported that twenty one (21) notices were sent to property owners within 200 feet and there were six (6) responses (four (4) in favor and two (2) responses opposed to the request) Public Hearing. Ty Holcomb, GSBS Architects, was present requesting a parking variance for the church. Coy L. Quesenbury, pastor, was present describing the need for the parking variance. Jim Haltom, 1700 Sunshine Lane, was present speaking in favor of the request Craig Rosengrants, Chairman of the Church Building Committee, was present requesting a parking variance. Public Hearing Closed. Finding were stated by Mr. Harris A motion subject to the findings was made to approve the Variances for Parking for ZBA Case No. 313 as presented. Motion: Troy Second: Minder Ayes: Stansell, Minder, Smart, Troy, Harris Nays: None Vote 5 - 0 to grant the Variance for Parking Public Hearing Zoning Board of Adjustment Meeting page 3 April 15, 1999 Agenda Item # 4 continued Coy L. Quesenbury, pastor was present requesting a variance to the screening, stating there were approximately 35 trees to remove if the request was not granted. Mr. Quesenbury read statements from neighbors that did not want the screening of a fence. Mr. Quensbury presented the signed statements to Mr. Wright for the record. Jim Haltom presented pictures to the board of the church property. Mr. Haltom was in favor of the request. Craig Rosengrants was present stating the building would enhance the view and was in favor of the request. Adrian B. Brian, 2413 N. Taylor St., was present in opposition to the request. Mr. Brian wanted a fence erected on his property. Cynda Mast, 2415 N. Taylor St., was present in opposition to the request wanting a buffer for sound such as an 8 ft. fence. 10 min. recess for Mr. Brian and Ms. Mast to talk to the applicants and come to an agreement. Meeting resumed Mr. Brian stated that no agreement was made but he still wanted some kind of a screen (fence or plants). Mr. Haltom stated an agreement could not be reached for one homeowner, as they needed to be fair to all homeowner. Ty Holcomb, answering a question directed by Mr. Smart, stated the cost of a fence plus equipment to remove the existing trees would be in excess of $20,000. Coy L. Quesenbury stated that he was asking the board to remember the other neighbors in favor of the request and grant the request of the Church. Craig Rosengrants spoke again in the request for the variance. There was no other person wishing to speak either in favor of or in opposition to the request. Public Hearing Closed. Zoning Board of Adjustment Meeting page 4 April 15, 1999 Agenda Item # 4 continued Findings were stated by Mr. Harris A motion subject to the findings was made to approve the Variance for Screening ZBA Case No.313 as presented. Motion: Troy Second: Minder Ayes: Stansell, Minder, Smart, Troy, Harris Nays: None Vote 5 - 0 to grant the Variance for Screening Agenda Item #6 ZBA Case # 320 Variance ZBA Case # 320, a request for a Variance to Ordinance No. 480, Section 10.5.g, requiring lots in The "RE" Single Family Residential Estate District to have a minimum width of three hundred (300) feet. The applicant is requesting to have a lot with a width of not less than two hundred sixty-five (265) feet at the front building line. Location: 4600 North White Chapel Boulevard, being legally described as Tract 17 situated in the Reis D. Price Survey, Abstract No. 992D, and being approximately 5.386 acres. Current Zoning is "AG" Agricultural District. Owners and Applicants: Jim and Dana Boyles. The applicant or a representative was not present. A motion was made to table ZBA Case No. 320 to the next meeting April 29, 1999. Motion: Minder Second: Smart Ayes: Stansell, Minder, Smart, Troy, Harris Nays: none Vote: 5 - 0 to table Agenda Item #7 Meeting Adjourned. A motion was made to adjourn the meeting. Motion: Minder Second: Stansell Hearing no objections the Chair deemed the meeting closed. Meeting Adjourned 9:00 P. M. Zoning Board of Adjustment Meeting page 5 April 15, 1999 David Harris, Chairman Jean Bryson Attended the meeting and prepared the minutes ATTEST: g a Sandra L. LeGrand a vCity Secretary Q., ~1o~~lJttl~ldi~\iq''b" BOARD OF ADJUSTMENT MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE N ADDRESS PHONE AGENDA ITEM ~sgs Z( 2 lcL ems ;ant 12 Si, c r l7X { I 0o (m PLC, i :W LA Joe 30/ Ch T~ °s %~e Al A 4 & r