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
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