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1995-11-30CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING November 30, 1995 7:15 P.M. MEMBERS PRESENT: Fred Joyce, Chairman; Gary Fawks, Vice Chairman; Lloyd Latta, Art Sorenson, John Moore, Alternate #1; Jon Michael Franks, Alternate #2. MEMBERS ABSENT: Dennis Minder STAFF PRESENT: Karen Gandy, Zoning Administrator; Jean Bryson, Secretary. Agenda Item #2 Approval of the Minutes. With no objections the Chair deemed the minutes approved October 26 and November 16, 1995. Agenda Item #3 Administrative Comments. Ms. Gandy reported there would not be a meeting in December and the meeting in January a possible meeting with the attorneys. Agenda Item #4 ZBA Case # 242 Special Exception Use Permit. ZBA Case #242 Special Exception Use Permit per Ordinance No. 480, Section 44.12 (3) for an accessory building exceeding the maximum 1,000 s.f. permitted in the "SF-lA" Single Family-lA Residential District to allow a recreation room not exceeding 1,858 s.f. with the following dimensions (52'4"x35'6"). The location is 698 Garden Court being legally described as Lot 14, Garden Addition, and being approximately 1.005 acres. The owner/applicant is Wayne Davis. Karen Gandy, Zoning Administrator, reported that six (6) notices were sent to property owners within 200 feet and there were 5 response, two (2) in favor and two (2) opposed and one (1) undecided to the request. Public Hearing. Steve Bullard, architect, was present representing Wayne Davis. Mr. Bullard said the building was twenty seven feet (27') from ground to peak of the building and the building was not for living but to store antique cars and entertain guest. Mr. Bullard said the building would be very attractive and an asset to the area. Allen Wood, 700 Garden Ct., presented photos and said his property was adjacent to the Davis property and the building in question would restrict his view and the open concept of the area. Mr. Wood further stated he was opposed to the request. Board of Adjustment Meeting November 30, 1995 Agenda Item # 4 continued. page 2 Roger Hutton, 1900 Shady Oaks, presented video, pictures and copies of comments to the board that he read showing his opposition to the request concerning the water runoff. Ms. Gene Coulter stated that for the record she and her husband are opposed to the request. Mr. Bullard stated that there was no problem in adjusting the height to fourteen (14) feet and the septic lines can be relocated. Mr. Bullard further said that these are personal cars for show and no repairs on site. 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. Sorenson. A motion was made to grant ZBA Case # 242 Special Exception Use Permit as requested. Motion: Fawks Second: Sorenson Ayes: None Nays: Moore, Latta, Sorenson, Fawks, Joyce Vote: 0 - 5 failed to approve Reason being no hardship. A2enda Item #7 ZBA Case # 245, Variance. ZBA Case #245, Variance to Ordinance No. 480, Section 34.2 (e), which requires accessory building to not exceed one story or fourteen feet (14') in height. The location is 698 Garden Court being legally described as Lot 14, Garden Addition, and being approximately 1.005 acres. The owner/applicant is Wayne Davis. Public Hearing Steven Bullard, representing Wayne Davis, owner ask to withdraw ZBA Case #245. With no opposition ZBA Case #245 was withdrawn. Board of Adjustment Meeting page 3 November 30, 1995 Agenda Item #5 ZBA Case # 243 Variance. ZBA Case #243, 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 Lot 1, Block 7, SouthRidge Lakes Addition, being approximately 400 feet North of the intersection of Ten Bar Trail with North Peytonville Ave. The owner/applicant is Derek DeGuire d/b/a D. A. DeGuire and Co., Inc. Karen Gandy, Zoning Administrator, reported that fourteen (14) notices were sent to property owners within 200 feet and there were five (5) response one (1) in favor and four (4) responses in opposition to the request. Public Hearing. Derek DeGuire, owner/applicant, stated he had spoken with Ron Harper, City Engineer, and that sewer would not be available for three (3) years. Mr. DeGuire said it is unreasonable to apply the standard ordinance requirement as the property is zoned residential and is less than 5 % short of the acre requirement. Earl Minshaw 1341 Ten Bar Trail said because of the drainage across his lot he was opposed to the request. Ronny Hardin, 1343 Ten Bar Trail said he was opposed to the request because of the drainage, grade and the smell. Allen Meacham, 700 N. Peytonville said the land is too small for septic and the shape of the land is the reasons for his being opposed. Joane Ingle, 680 N. Peytonville, said the area has always had septic problems and she is opposed because of the health hazard. Jerrald Ingle, 680 N. Peytonville, said he is opposed to the request and that a septic is not pleasant; this is the past. Mr. DeGuire, said the lot is beautiful and without a variance it will not be possible to make reasonable use of the land. 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. Sorenson. Board of Adjustment Meeting November 30, 1995 Agenda Item # 5 continued. A motion was made to grant ZBA Case # 243 a variance as requested. Motion: Fawks Second: Latta Ayes: None Nays: Moore, Latta, Sorenson, Fawks, Joyce Vote: 0 - 5 failed to approve. Reason being sewer is available through another subdivision. Agenda Item #6 ZBA Case #244 Special Exception Use Permit page 4 ZBA Case # 244, Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for two (2) portable buildings to be used as temporary facilities for the youth department. The request is for their property at 250 Ravenaux Drive, being legally described as Lot 2, Block A, Ravenaux Village and being approximately 8.924 acres situated in the Thomas Hood Survey, Abstract No. 706. The owner/applicant is Countryside Bible Church. Karen Gandy, Zoning Administrator, reported that twelve (12) notices were sent to property owners within 200 feet and there were five (5) responses one (1) in favor and four (4) opposed to the request. Public Hearing. Jackie Stanford, represented the owner/applicant Countryside Bible Church said the portable buildings were to be used by the youth and the location for the building could be moved if necessary from out from under the electric wires and off the septic field. John Larson, 335 Ravenaux opposed to the request because of the location. Mr. Sanford said there were no plans to cut the trees and the drawing was not to scale. Mr. Sanford requested that ZBA Case # 244 be tabled until the next regular meeting January 11, 1996. With no objections the Chair deemed the request to table ZBA Case #244 to the next meeting January 11, 1996 granted. Board of Adjustment Meeting November 30, 1995 Agenda Item #8 Meeting Adjourned. With no objections the Chair deemed the meeting adjourned. Meeting Adjourned 11 P. M. can Bryson Attended the meeting and prepared the minutes ATTEST; Sandra L. 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