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1996-05-16 CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING MAY 16, 1995 7:10 P.M. MEMBERS PRESENT: Fred Joyce, Chairman; Lloyd Latta, Art Sorenson, John Moore, Alternate #1. MEMBERS ABSENT: Dennis Minder, Jon Michael Franks, Alternate #2. STAFF PRESENT: Karen Gandy, Zoning Administrator; Stephanie Sarakatis, Asst. to the Zoning Administrator; Wayne Olson, City Attorney; Jean Bryson, Secretary. Agenda Item #2 Approval of the Minutes. A motion was made to approve the minutes of the March 28, 1996 meeting and April 25, 1996 meeting as presented. Motion: Latta Second: Moore Hearing no objection the Chair deemed the minutes approved as presented. Agenda Item #3 Administrative Comments. A discussion was held on the ruling by the judge on the Vibra Whirl Case. Mr. Sorenson removed himself for Agenda Item #4. Agenda Item #4 ZBA Case # 253 Special Exception Use Permit ZBA Case #253, Special Exception Use Permit per Ordinance No. 480, Section 44.12 (5) for in-home day care. The location is 1201 Scenic Drive being legally described as Lots 12 and 1382, Block 2, Continental Park Estates Addition and being approximately 0.803 acres situated in the M. M. Freeman Survey, Abstract No. 533. The owner/applicant is Kimberly M. Todd. The chair informed the applicant and others present for ZBA Case #253 that a quorum would not be present for this case and would have to be postponed until May 30, 1996. A motion was made to table ZBA Case #253 Special Exception Use Permit and be considered on May 30, 1996. Zoning Board of Adjustment Meeting page 2 May 16, 1996 Agenda Item # 4 continued. Motion: Moore Second: Latta Hearing no objections the Chair deemed ZBA Case #253 to be tabled and considered on May 30, 1996. Mr. Sorenson was seated. Agenda Item #5 ZBA Case # 254 Variance ZBA Case #254, Variance to Ordinance No. 450, Section 42, Table Three and Illustration 'B', the "F2" bufferyard requirement of a six foot (6') masonry fence to allow an eight foot (8') wood stockade fence on the east property line of the site. The location is 2075 Greenbriar Drive, being legally described as Lot 5R1, Block C, North Davis Business Park and consisting of approximately 2.84 acres situated in the T. J. Thompson Survey, Abstract No. 1502. The owner/applicant is Globestar, Inc. Karen Gandy, Zoning Administrator, stated the property was zoned I-1 Light Industrial. Ms. Gandy reported that twelve (12) notices were sent to property owners within 200 feet and there were four (4) response two (2) in favor, one (1) opposed, and one (1) undecided to the request. Public Hearing. Keith B. Alexander, President K. B. Alexander & Co, present to represent Globestar, Inc. Mr. Alexander presented to the board a layout showing the fence and buffer yard and said, the East property line required dense coverage and a six foot (6') fence and because the topography of the property the buildings finished floor is approximately seven feet four inches (7' 4") above the east property elevation and as required by the City of Southlake Engineering Department, a drainage retention pond was constructed as required. Mr. Alexander further said with the sloped topography the bufferyard fence is well below finish floor elevation and thus the required six foot (6') masonry fence does not accomplish the screening as the proposed eight foot (8') wood fence height. Mr. Alexander said the fence location is adjacent to a ten (10') foot city utility access way and sewer lift station and the masonry fence would be very costly to repair or replace due to utility truck traffic or lift station replacement. Zoning Board of Adjustment Meeting page 3 May 16, 1996 Agenda Item # 5 continued. Gary Lawrence, owner Globestar, Inc., said he had adhered to all and above requirements of the city and the eight foot (8') wood fence instead of the six foot (6') masonry fence would accomplish the screening and would be more equal nominal for the city due to the cost to repair or replace in the utility easement. Jim Caton, Toll Brothers, said he has the adjacent property under contract for single family homes with twenty (20') to thirty foot (30') lots and is apposed to the eight foot (8') wood fence in place of the Six foot (6') masonry fence. Lori Livingston, 2020 W. Continental Ave., said she is opposed to the wood fence in place of the required masonry fence. R. B. Goode, 1080 S Peytonville Ave., owner of the property south of the Globe Star said he was opposed to the wood fence because of the deterioration of a wood fence 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 # 254 a variance to Ordinance No. 480 Section 42 as requested. Motion: Sorenson Second: Latta Ayes: None Nays: Moore, Latta, Sorenson, Joyce Vote: 0 - 4 failed to approve Agenda Item #6 ZBA Case # 255 Variance ZBA Case #255, Variance to Ordinance No. 480, Section 34.2 a., requiring accessory buildings with a permanent foundation to be no closer than ten feet (10') from the rear property line, to allow a proposed structure with a distance of seven and one-half feet (7 1/2') from the rear property line. The location is 402 Jackson Square, being legally described as Lot 25, Block 1, The Dominion and consisting of approximately 0.503 acres in the Obediah W. Knight Survey, Abstract No. 899. The owner/applicant is Michael F. Hodge. Zoning Board of Adjustment Meeting page 4 May 16, 1996 Agenda Item # 6 continued. Karen Gandy, Zoning Administrator, reported the property is zoned SF 20 A and that eleven (11) notices were sent to property owners within 200 feet and there were two (2) response in favor of the request Public Hearing. Michael Hodge, owner/applicant was present and said his request for a variance to construct a two gar garage adjacent to a 7.5 foot utility easement at the rear of the property was to provide additional area between the garage and the residence to better accommodate the site drainage. 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. The requirements of Section 34.2a have been met by the applicant, that the reason set forth in the application justify the granting of the variance. The variance is the minimum variance that will make possible the reasonable us of the land, building or structure and that the granting of the variance will be in harmony with the general purpose and intent of the zoning ordinance and will not be injurious to the neighborhood or otherwise detrimental the public welfare. Pursuant to the finds set forth in this case, a motion was made to Grant ZBA Case # 255 a variance to Ordinance No. 480 Section 34.2a as requested. Motion: Sorenson Second: Latta Ayes: Moore, Latta, Sorenson, Joyce Nays: None Vote: 4 - 0 to grant as requested Agenda Item #7 Meeting Adjourned. With no objections the Chair deemed the meeting adjourned. Meeting Adjourned 9:15 P. M. Zoning Board of Adjustment Meeting page 5 May 16, 1996 Fred Joy e, airm J~Vn Bryson ttended the meeting and prepared the minutes Of so v r. y AT EST; * m Sandra L. LeGrand City Secretary BOARD OF ADJUSTMENT MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE Jk- / 0 Z!~-~ NAME ADDRESS PHONE AGENDA ITEM f ij z