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1995-02-16 ZBA meetingCity of Southlake, Texas REGULAR ZONING BOARD OF ADJUSTMENT MEETING FEBRUARY 16, 1995 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall TIME: 7:00 P.M. AGENDA: 1. Call to Order. 2. Approval of Minutes of the January 26,1995 Regular Board of Adjustment Meeting. 3. Administrative Comments. 4. Consider: ZBA Case #223, Request for a special exception use permit per Ordinance No. 480, Section 44.12 (1) for family quarters on approximately 0.8 acres situated in the John L. Whitman Survey, Abstract No. 1593, and being Tract 8T. Location: 2849 Brookwood, south side of Brookwood approximately 100' East of Raintree Drive. Owners/Applicants: James C. and Julie Z. Norman. Public Hearing. 5. Consider: ZBA Case #224, Request for a variance to side and rear yard requirements per Ordinance No. 480 to allow an existing structure with a side yard of approximately five feet (5') and a rear yard of approximately 28.5' on 0.8 acres situated in the John L. Whitman Survey, Abstract No. 1593, Tract 8T. Location: 2849 Brookwood, south side of Brookwood approximately 100' East of Raintree Drive. Owners/Applicants: James C. and Julie Z. Norman. Public Hearing. 6. Consider: ZBA Case #227, Variance to Ordinance No. 480, Section 33.14 which requires a minimum of one acre for the use of an on -premise septic tank and subsurface drainage field. The request is for proposed Lot 1, T. J. Thompson No. 1502 Addition being a 0.9441 acre tract situated in the T. J. Thompson Survey, Abstract No. 1502, Tract 1B1B1. Location: North side of W. Continental Blvd. in the 2300 block, approximately 575' East of Davis Blvd. Owner: Elsie C. McClendon Estate. Applicants: Larry and Denise Overby. Public Hearing. 7. Consider: Rules of Procedures for Zoning Board of Adjustment. 8. Meeting Adjourned. City of Southlake, Texas Regular Zoning Board of Adjustment Meeting Agenda . February 16, 1995 page two CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, February 10, 1995 at 5:00 p.m., pursuant to the Texas Gov rnment Code, Chapte 551. Sandra L. LeGrand i City Secretary If you plan to attend this public meeting and have a disab extension 704, and reasonable accommodations will be G:\WPF\ZBA\AGENDA\2-16-95.WPD OF S 0 U advise the City Secretary 48 hours in advance at 481-5581 CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING February 16, 1995 7:00 P.M. MEMBERS PRESENT: Fred Joyce, Chairman; William Towler, Vice Chairman; Richard Waltke, John Moore, Alternate #1; Arthur Sorenson, Alternate #2. MEMBERS ABSENT: Lloyd Latta, Dennis Minder STAFF PRESENT: Karen Gandy, Zoning Administrator, Jean Bryson, Secretary. Agenda Item #2 Approval of the Minutes. A motion was made to approve the minutes of the Regular Meeting, January 26, 1995. With no objections the Chair deemed the minutes approved. Agenda Item #3 Administrative Comments. Karen Gandy reported on the work session and the special meeting on Amortization with City Attorneys. Agenda Item #4 ZBA Case #223, Request for a Special Exception. ZBA Case #223 a request for a special exception use permit per Ordinance No. 480, Section 44.12(1) for family quarters on approximately 0.8 acres situated in the John L. Whitman Survey, Abstract No. 1593, and being Tract 8T. The location is 2849 Brookwood, south side of Brookwood approximately 100' East of Raintree Drive. The owner/applicant is James C. and Julie Z. Norman. Karen Gandy, Zoning Administrator, reported James C. an d Julie Z. Norman have requested to withdraw ZBA Case #223 for a special exception. A motion was made to grant the request to withdraw ZBA Case #223. Motion: Towler Second: Moore Ayes: Sorenson, Moore, Waltke, Towler, Joyce Nays: None Vote: 5 - 0 Board of Adjustment Meeting page 3 February 16, 1995 Agenda Item #5 ZBA Case #224, Request for a Variance. ZBA Case #224 a request for a variance to side and rear yard requirements per Ordinance No. 480 to allow an existing structure with a side yard of approximately five feet (5') and a rear yard of approximately 28.5' on 0.8 acres situated in the John L. Whitman Survey, Abstract No. 1593, Tract 8T. The location is 2849 Brookwood, south side of Brookwood approximately 100' East of Raintree Drive. The owners/applicants are James C. & Julie Z. Norman. Karen Gandy, Zoning Administrator, reported that seven (7) notices were sent to property owners within 200 feet and there was one (1) response in favor the request. Public Hearing. The owner/applicant James C. Norman was present and said in reference to the encroachment of an existing building and the need is only to clear the title policy for their property with the granting of this variance. 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. Towler. Pursuant to the finds set forth in this case, a motion was made to Grant ZBA Case #224 a variance to Ordinance No. 480 as requested. Motion: Sorenson Second: Waltke Ayes: Sorenson, Moore, Waltke, Towler, Joyce Nays: None Vote: 5 - 0 to grant Agenda Item #6 ZBA Case #227, Request for a Variance. ZBA Case #227, a request for a variance to Ordinance No. 480, Section 33.14 which requires a minimum of one acre for the use of an on premises septic tank and subsurface drainage field. The request is for proposed Lot 1, T. J. Thompson No. 1502 Abstract No. 1502, Tract 1B1B1. The location is the north side of W. Continental Blvd. in 2300 block, approximately 575' East of Davis Blvd. The owner is Elsie C. McClendon Estate and the applicant is Larry and Denise Overby. Board of Adjustment Meeting February 16, 1995 Agenda Item # 6 continued. page 3 Karen Gandy, Zoning Administrator, reported that Eight (8) notices were sent to property owners within 200 feet and there was no response to the request. A letter was presented to the Board members by Karen Gandy from Ron Harper, City Engineer concerning septic. Public Hearing. Larry and Denise Overby, applicants, were present and stated the one (1) acre tract was plated prior to Ordinance #480 and the property was a full one (1) acre tract until the City required a Right of Way dedication for Continental Blvd. It was further stated that the closest sewer connection is 475 feet from the property and an estimated cost would be a minimum of $20,000 to simply bring sewer to the street in front of the property. Mr. Overby stated the installation of an irrigation system or the 2400 sq. ft. lateral line system would not be a burden to any other individual or party and the system would be maintained properly. Bob Couch, the realtor was present and stated the closing date for the property was only in a few days and Mr. & Mrs. Overby were anxious to meet this closing date. 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. Towler. Pursuant to the finds set forth in this case, a motion was made to Grant ZBA Case # 227 a variance to Ordinance No. 480, Section 33.14 as requested. Motion: Sorenson Second: Towler Ayes: Sorenson, Moore, Waltke, Towler, Joyce Nays: None Vote: 5 - 0 to grant Agenda Item #7 Rules of Procedures for Zoning Board of Adjustment. A discussion was held on the Rules of Procedures. Board of Adjustment Meeting February 16, 1995 Agenda Item #8 Meeting Adjourned. With no objections the Chair deemed the meeting adjourned. Meeting Adjourned 9:10 P. M. red Jd hai an can Bryson Attended the meeting and prepared the minutes ATTEST; Sandra L. LeGrand City Secretary page 4 MEMORANDUM February 15, 1995 TO: Karen Gandy, Zoning Administrator FROM: Ron Harper, City Engineer SUBJECT: Sewer/Septic Costs - Overby tic at the subject property on Continental' I have looked at the costs involved in providing sewerpaal ��o this property was between $10,000 and My initial estimate of the cost to construct mumcrp quotes the range of $1 15,000.1 understand that' the 3,000 to 20,000 to install Overby's have received q a sewer line from their property to the nearest sewer manhole at Continental &Davis. This cost did not ber at if a er line is thin 100 reflec any participation from adjacent land owners. (Pleaseto themsewerlhoweverwwe may notlhave the feet of a single lot, the City has the right to require hookups have e-) I believe that the Overby right to require a prorata share of the installation cost of the minstallations recommended by Tarrant explored the costs associated with the required septicsystem County Health Department. Another alternative that has recently been mentioned is to study a low pressure force main installation into leg the possibility of installing sanitary sewer the North Davis Business Paris The Park is d at artly exploring proposed sewer line. A grinder dwmgh the Park. The Overby's are located at a lower elevation than the cost of pump/low pressure force main could possibly be installonthe �y P pedy estimated high wou d usela 4 pump p locate than $10,000. This would involve a grinder a unto the sewer line in the Park. inch force main at minimal depth to discharge �o,, XGApk& lsl RJH/rjh City of Southlake, Texas SPECIAL ZONING BOARD OF ADJUSTMENT MEETING FEBRUARY 16, 1995 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall TIME: 2:00 P.M. AGENDA: 1. Call to Order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551 of the Texas Goverrunent Code Sec. 551.071, to seek the advice of the City Attorney. B. Reconvene: Action Necessary on items discussed in executive session. 3. Discussion: Amortization procedures led by the City Attorney. 4. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, February 10, 1995 at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. + ►++++++ .•�� LAKE ......._.,�, lac J �%14k ". -f.9 andra L. LeGrand O City Secretary r, J y._aK If you plan to attend this public meeting and have a disability'4 extension 704, and reasonable accommodations will be made G:\WPF\ZBA\AGENDA\2-16-SPE.WPD please advise the City Secretary 48 hours in advance at 481-5581 CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT SPECIAL MEETING February 16, 1995 2:30 P.M. MEMBERS PRESENT: Fred Joyce, Chairman; William Towler, Vice Chairman; Richard Waltke, John Moore, Alternate #1; Arthur Sorenson, Alternate #2. MEMBERS ABSENT: Lloyd Latta, Dennis Minder STAFF PRESENT: Karen Gandy, Zoning Administrator; Greg Last, Director, Wayne Olson, City Attorney; Allen Taylor, City Attorney; Ron Clark, TMRS Attorney, Jean Bryson, Secretary. Mr. Moore and Mr. Waltke did not attend the Executive Session. Agenda Item #2 : A. Executive Session 2:35 P. M. pursuant to the Open Meetings Act, Chapter 551 of the Texas Government Code Sec. 551.071, to seek the advise of the City Attorney. B. Reconvened at 3:40 P. M. no action necessary on items discussed in executive session. Mr. Moore and Mr. Waltke were reseated at 4:05 P. M. Agenda Item #3 Discussion: Three letters serving as notice to proceed with amortization were presented to the board addressed to the following: V W Investments, Inc. P. O. Box 966 Panhandle, Texas 79068 Kenneth and Jane Smith, P. O. Box 2 Grapevine, Texas 76051 Mr. Bob Meyer, P. O. Box 92547 Southlake, Texas 76092 Karen Gandy, Zoning Administrator, reported the amortization notices were mailed and is anticipated that a hearing before the Board of Adjustment will be set in approximately sixty (60) days. Amortization procedures Section 6.11 discussion was led by Wayne Olson, City Attorney and Allen Taylor, City Attorney. Board of Adjustment Special Meeting page 2 February 16, 1995 Agenda Item #4 Meeting Adjourned. A motion was made to adjourn and hearing no objections the Chair deemed the meeting adjourned. Meeting Adjourned 5:40 P. M. red4q,ai an Oln— Bryson Attended the meeting and prepared the minutes ATTEST; Aayor iary Fickes Aayor ProTem: lorry Farrier .ourcilrnembers: Achaei Richanne N. Ralph Evans Stephen W. Apple Sr. Jon Michael Franks Vwkew L Wambsganss City Manager. Curtis E. Hawk City of Southlake February 2, 1995 V W Investments, Inc. d/b/a Southlake Fuels d/b/a Frost Fuels Attn: Mr. Marvin Sparks P. O. Box 966 Panhandle, TX. 79068 Re. 1675 Brumlow Avenue, being approximately 2.61 acres situated in the J. Gibson Survey, Abstract No. 591 Assistant city Manager: Dear Mr. Sparks: Shona K. Rice City secretary: This letter serves as notice that the City Council of the City of Southlake has directed me Sandra L LeGrand to have the Staff proceed with amortization of certain nonconforming uses and/or structures within the city based on the Land Use Plan adopted in June, 1993. The above - referenced property is one of the locations being recommended for amortization. Due to safety and other considerations, the Council has determined that the petroleum uses established on the above -referenced property are inappropriate for its location. As you recall, the Council has previously denied requests to rezone the property to "I-2" Heavy Industrial and to grant a Specific Use Permit for petroleum operations due to the same safety considerations. Staff will follow the amortization procedures set forth in Section 6.11 of the City of Southlake's Comprehensive Zoning Ordinance No. 480, as amended. Their findings will be presented to the Board of Adjustment. The Board is authorized to take specific action to abate, remove, limit or terminate any nonconforming use or structure under the guidelines of Section 44.3d of the zoning ordinance. During the amortization process, the Board must determine the owner's investment in the nonconforming use and determine a reasonable period of time for the owner to recoup this investment. The concurring vote of four (4) members of the Board shall be necessary to take any such action. It is anticipated that a hearing before the Board of Adjustment will be set in approximately sixty (60) days. Official notice of this public hearing will be sent to you via certified mail approximately ten (10) days prior to the meeting date. 667 North Carroll Avenue . Southlake, Texas 76092 (817) 481-5581 . FAX (817) 488-5097 Mr. Marvin Sparks February 2, 1995 Page Two Should you have questions regarding any of the above, please call me at (817) 481-5581, extension 702. Sincerely, Curtis E. Hawk City Manager CEH/kg cc Henry Frost d/b/a Frost Fuels Gary Fickes, Mayor E. Allen Taylor, City Attorney Greg Last, Community Development Director Karen P. Gandy, Zoning Administrator �j Cityof Southlake February 9, 1995 • Kenneth and Jane Smith d/b/a NuWay Transports, Inc. P. O. Box 3 Grapevine, TX. 76051 =Ickes ProTem: Re: 575 E. Northwest Highway (State Highway No. 114), being approximately 1.97 =arrier acres situated in the A. H. Chivers Survey, Abstract No. 299, Tracts 4D and 4 ilmembers: el Ridmm% Iph Evans Dear Mr. and Mrs. Smith: en W. Apple Sr. idwel Franks This letter serves as notice that the City Council of the City of Southlake has directed me wL. Wambsganss to have the Staff proceed with amortization of certain nonconforming uses and/or tanager E. Hawk structures within the city based on the Land Use Plan adopted in June, 1993. The above - referenced property is one of the locations being recommended for amortization. The Cant City Manager a K. Rice Council has determined that the trucking uses established on the above -referenced property are inappropriate for this location. ;ecretary. ra L. LeGrand Staff will follow the amortization procedures set forth in Section 6.11 of the City of Southlake's Comprehensive Zoning Ordinance No. 480, as amended. Their findings will be presented to the Board of Adjustment. The Board is authorized to take specific action to abate, remove, limit or terminate any nonconforming use or structure under the guidelines of Section 44.3d of the zoning ordinance. During the amortization process, the Board must determine the owner's investment in the nonconforming use and determine a reasonable period of time for the owner to recoup this investment. The concurring vote of four (4) members of the Board shall be necessary to take any such action. It is anticipated that a hearing before the Board of Adjustment will be set in approximately sixty (60) days. Official notice of this public hearing will be sent to you via certified mail approximately ten (10) days prior to the meeting date. Should you have questions regarding any of the above, please call me at (817) 481-5581, extension 702 or Karen Gandy, Zoning Administrator, at extension 743. Since r ly, Curtis E. Hawk City Manager CEH/kg 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 488-5097 Kenneth and Jane Smith February 9, 1995 Page Two cc Gary Fickes, Mayor E. Allen Taylor, City Attorney Greg Last, Community Development Director Karen P. Gandy, Zoning Administrator :es oTem: 'ter embers: licharme Evans N. Apple Sr. ael Franks . Wambsganss iger. Hawk City Manager. Rice etary: .LeGrand City of Southlake February 9, 1995 Mr. Bob Meyer d/b/a Metro Pool Chemicals P. O. Box 92547 Southlake, TX. 76092 Re: 981 E. Continental Blvd., being approximately 0.5 acres, legally described as Lots 22 & 23, East Haven Addition Dear Mr. Meyer: This letter serves as notice that the City Council of the City of Southlake has directed me to have the Staff proceed with amortization of certain nonconforming uses and/or structures within the city based on the Land Use Plan adopted in June, 1993. The above -referenced property is one of the locations being recommended for amortization. Due to safety and other considerations, the Council has determined that the intensive industrial uses established on the above -referenced property are inappropriate for this location. Staff will follow the amortization procedures set forth in Section 6.11 of the City of Southlake's Comprehensive Zoning Ordinance No. 480, as amended. Their findings will be presented to the Board of Adjustment. The Board is authorized to take specific action to abate, remove, limit or terminate any nonconforming use or structure under the guidelines of Section 44.3d of the zoning ordinance. During the amortization process, the Board must determine the owner's investment in the nonconforming use and determine a reasonable period of time for the owner to recoup this investment. The concurring vote of four (4) members of the Board shall be necessary to take any such action. It is anticipated that a hearing before the Board of Adjustment will be set in approximately sixty (60) days. Official notice of this public hearing will be sent to you via certified mail approximately ten (10) days prior to the meeting date. Should you have questions regarding any of the above, please call me at (817) 481-5581, extension 702 or Karen Gandy, Zoning Administrator, at extension 743. Sincerely, urtis . awk City Manager CEH/kg 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 488-5097 AN EQUAL OPPORTUNITY EMPLOYER' Mr. Bob Meyer February 9, 1995 Page Two cc Gary Fickes, Mayor E. Allen Taylor, City Attorney Greg Last, Community Development Director Karen P. Gandy, Zoning Administrator