1995-01-26CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
January 26, 1994 7:00 P.M.
MEMBERS PRESENT: Fred Joyce, Chairman; William Towler, Vice Chairman; Lloyd
Latta, Richard Waltke, Dennis Minder, John Moore, Alternate #l; Arthur Sorenson,
Alternate #2.
MEMBERS ABSENT: None
STAFF PRESENT: Karen Gandy, Zoning Administrator; Greg Last, Director Community
Development; Debbie Coomer, Secretary's assistant..
Agenda Item #2 Approval of the Minutes.
A motion was made to approve the minutes of the Regular Meeting, January 12, 1995 as
amended. With no objections the Chair deemed the minutes approved.
Agenda Item #3 Administrative Comments.
Karen Gandy, Zoning Administrator, reported there will be a Special Work Session. Ms.
Gandy requested a daytime meeting due to the distance Ron Clark, TMRS Attorney, must
drive. Ms Gandy further reported that Allen Taylor, City Attorney will be available after
February 8, 1995. Members of the board approved a daytime meeting.
Agenda Item #4 ZBA Case #225 Variance.
ZBA Case #225 a request for a variance to Ordinance No. 480-07, P.U.D. ordinance for
Timber Lake Addition and the approved development site plan and plat which establishes a
thirty foot (30') front yard setback for property being legally described as Lot 53, Block 1,
Timber Lake, Phase 3. The applicant requests a twenty-seven foot (27') front yard setback.
The location is 602 Winding Creek Court. The owner applicant is Turner Homes, Inc.
Karen Gandy, Zoning Administrator, reported that there were five (5) notices sent to
property owners within 200 feet and there were two (2) responses one (1) in favor and one
(1) response opposed to the request. Ms Gandy commented on the floor plan that is the
footprint of the first floor.
Board of Adjustment Meeting page 2
January 27, 1995
Agenda Item # 4 continued.
Public Hearing.
Mike Turner, of Turner Homes, was present and said the house will encroach three feet (3')
into the thirty foot (30') setback on the cul-de-sac and will be in line with the house on the
left. Mr. Turner further stated he is trying to save four (4) oak trees with a trunk size of 8',
11", 12", and 16" diameter and without encroaching 3' the back of the house will be too
close to try and save the trees.
Tom Gegenaeimer, prospective owner of the home, was present asking the board to grant the
three foot (3') variance.
There was no other person wishing to speak either in favor or in opposition of the request.
Public Hearing Closed.
Pursuant to the findings set forth in this case,
a variance to Ordinance No. 480-07, P.U.D.
requested.
a motion was made to grant ZBA Case #225
ordinance for Timber Lake Addition as
Motion:
Minder
Second:
Towler
Ayes:
Waltke, Minder, Latta, Towler, Joyce.
Nays:
None
Vote:
5-0 to grant.
Agenda Item #5 ZBA Case #226 Variance.
ZBA Case #226 a request for a variance to Ordinance No. 480, Section 9.5 (g) which
requires a minimum lot width of three hundred feet (300') for property zoned "AG"
Agricultural. The applicant request a lot width for the existing frontage along N. White
Chapel being not less than twenty-four feet (24'). The location is West of N. White Chapel
Blvd. approximately 200 feet North of Sam Bass Ridge Road. The owner/applicant is Gail
D. Elkins.
Karen Gandy, Zoning Administrator, reported that nine notices were sent to property owners
within 200 feet and there was one response opposed to the request.
Board of Adjustment Meeting
January 27, 1995
Agenda Item #5 continued.
page 3
Greg Last, Community Development, answered questions as to the easement and surveyor's
plat.
Public Hearing.
Rick Wilhelm, attorney for the applicant, was present and stated the property was purchased
in 1986 and was annexed into the present configuration of the City of Southlake in 1988
which the applicant had no control. Mr. Wilhelm further stated the applicant is unable to
acquire additional frontage.
Mr. Wilhelm stated the applicant is seeking this variance to assure the potential buyers that a
building permit for a single family dwelling could be issued by the City when properly zoned
and plated and there would be a driveway entrance from N. White Chapel Blvd.
The unique conditions and circumstances can be overcome by allowing a 30' frontage from
White Chapel in stead of the required 70' frontage, without improvement to existing
driveway and allowing property to be serviced as originally intended.
Mr. Wilhelm requested the variance be granted to twenty-four feet depending on the plat
survey in question.
There was no other person wishing to speak either in favor or in opposition of the request.
Public Hearing Closed.
Pursuant to the findings set forth in this case, a motion was made to grant ZBA Case #226 a
variance to Ordinance No. 480 Section 9.5 (g) which requires 300' minimum lot width to
twenty -four feet (24') lot width.
Motion:
Minder
Second:
Latta
Ayes:
Waltke, Minder, Latta, Towler, Joyce.
Nays:
None
Vote:
5-0 to grant.
Agenda Item #6 Rules and Procedures for Zoning Board of Adjustment.
A discussion was held on the Rules and Procedures for Zoning Board of Adjustment.
Board of Adjustment Meeting
January 27, 1995
Agenda Item # 6 continued.
Mr Sorenson stated concerns about procedure for filing returns to the courts.
Agenda Item #7 Meeting Adjourned.
With no objections the Chair deemed the meeting adjourned.
Meeting Adjourned 9:00 P. M.
Debbie Coomer attended the meeting.
ATTEST;
Sandra L. LeGrand
City Secretary
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page 4
BOARD OF AJUSTMENTS
SOUTHLAKE CITY HALL
COUNC CHAMBERS
DATE / �r
NAME; ADDRESS; PHONE NUMBER AGEENDA ITEM NO
ATTORNEYS & COUNSELORS
MUNSCH
HARDT
KOPF
HARR&
DINAN
A PROFESSIONAL CORPORATION
January 26, 1995
City of Southlake
667 North Carroll Avenue
Southlake, Texas 76092
RE: Gail Elldns/ZBA Request
Gentlemen:
4000 FOUNTAIN PLACE
1445 ROSS AVENUE
DALLAS. TEXAS 75202-2790
TELEPHONE (214) 855-7500
TELECOPIER (214) 855-7584
WRITER'S DIRECT DIAL
(214) 855-7552
Ms. Gail Elkins has requested a variance from Section 9.5(g), reducing the minimum
lot width from 300 feet to the width of her property line at White Chapel Road, but not less
than 24 feet.
Please note that this request is not a waiver of any title or rights that she has as to
property owned, held and/or claimed by her, but which may be claimed by the property
owner to her south. Ms. Elkins contends and asserts that her property line at White Chapel
is approximately 30 feet wide.
Very trul urs,
Richard W. Wilhelm
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