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1996-07-25CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING JULY 25, 1996 7:10 P.M. MEMBERS PRESENT: Fred Joyce, Chairman; Art Sorenson, Vice Chairman; Sally Hall, William Kemp, Alternate #1; John Smart, Alternate #2. MEMBERS ABSENT: Karen Cienki, Ron Troy. STAFF PRESENT: Karen Gandy, Zoning Administrator; Jean Bryson, Secretary; Stephanie Sarakatis, Asst. to the Zoning Administrator; Shawn Poe, Civil Engineer. Agenda Item #2 Approval of the Minutes. A motion was made to approve the minutes of the June 27, 1996 as presented. Motion: Hall Second: Kemp Ayes: Smart, Kemp, Hall, Sorenson Nays: None Abstained: Joyce Vote: 4-0-1 to approve Agenda Item #3 Administrative Comments. Karen Gandy, Zoning Administrator, reported she was reviewing training and at this time there was no meeting in August. Agenda Item #4 ZBA Case # 257 Variance.. ZBA Case # 257, Variance to Ordinance No. 480, Section 14.5 (b), requiring lots in "SF-20B" Single Family Residential to have front yards no less than thirty-five feet (35'). The original setback per Ordinance 262, "A-2" One -Family District, allowed for a minimum front yard of twenty-five feet (25'). The applicant is requesting a front yard of fifteen feet (15'). The location is 3120 Peninsula Drive, being legally described as Lot 58, Block 2, Dove Estates. The owner is Linda Morgan and the applicant is Duane R. Heiner. Karen Gandy, Zoning Administrator, reported that 20 notices were sent to property owners within 200 feet and there were seven (7) written response to the original request, (two 2 in favor and five (5) opposed to the request. Public Hearing. Zoning Board of Adjustment July 25, 1996 page 2 Agenda Item #4 continued. Chris Brut was present to represent Duane R. Heiner and said the request is for a variance to Ordinance No. 480 "SF-20B and to note the requested variance has been amended to twenty-five ft. (25') set back as in the A-2 "One Family District". Gerald Albright, 3100 Peninsula Dr, was present and expressed concern and ask if the variance is granted will it be the same setback as the other homes in the area. Mr. Joyce answered the setback would be the same. 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. Pursuant to the finds set forth in this case, a motion was made to Grant ZBA Case #259 a variance to Ordinance No. 280, Section 14.5 (b) as amended request to a twenty-five ft (25') setback as in the A-2 "One Family District". Motion: Sorenson Second: Hall Ayes: Smart, Kemp, Hall, Sorenson, Joyce Nays: None Vote: 5 - 0 to grant as requested Second: Agenda Item #5 ZBA Case # 260, Special Exception Use Permit. ZBA Case #260, Special Exception Use Permit per Ordinance No. 480, Section 480.12 (7), for a one (1) year extension of a portable building permit. Also to be considered is a request for waivers of the permanent foundation requirement and of the eighty percent eighty percent (80 %) masonry requirement. The location is 2501 W. Southlake Blvd., being legally described as Lot 3R, J. G. Allen No. 18 Addition and being approximately 6.8 acres situated in the J. G. Allen Survey, Abstract No. 18. The owner applicant is Southlake Church of Christ. Karen Gandy, Zoning Administrator, reported that eight (8) notices were sent to property owners within 200 feet and there were three (3) response, (two opposed to the request within the 200 feet and one (1) opposed outside the 200 feet). Public Hearing. Larry Stone, Southlake Church of Christ Body of Life Minister, a land surveyor and civil engineer was present and reported on the up to date history of plans for permanent buildings. Mr. Stone expressed his needs for the need of the special exception for the day care housed in the portable building. Zoning Board of Adjustment 3 July 25, 1996 ZBA Case #5 continued. Noted as requested by Mr. Sorenson. The Special Exception that was granted for the day care was for the residence or home that not the portable building. Paul Rogers, representing the Growth Committee, was present to report that a meeting was held with the neighbors on Sunday, June 30th; which he believed was a positive meeting. Larry Paige, 502 Stratford, said the day care will be eliminated from the converted resident to be in compliance. Mr. Paige further said that is their hope that construction might begin in the next six (6) months. E. I. Wiseman, 2607 W. Southlake Blvd., said he was in favor of the request. Al Peters, 200 Brock Dr. said he is opposed to the request. June Haney, 400 Brock Dr., Spin Representative said that the temporary building was not to be a permanent structure. Glenda Wiseman, 2607 W. Southlake Blvd. asked about the hard surface parking for the building. Mr. Roberts said there are 60 off premises parking spaces available or their use and expressed they are wanting to build as soon as possible. There was no other person wishing to speak either in favor or in opposition of the request. Public Hearing Closed. A letter signed by Paul E. Rogers, Jr. was presented with a plan to the board. Pursuant to the finds set forth in this case, a motion was made to Grant a Special Exception ZBA Case # 260 as requested. Motion: Sorenson Second: Kemp Ayes: Smart, Kemp, Hall, Sorenson, Joyce Nays: None Vote: 5 - 0 ZBA Board of Adjustments page 4 July 25, 1996 Agenda Item #6 ZBA Case # 256 Special Exception Use Permit. ZBA Case #256, Special Exception Use Permit per Ordinance No. 480, Section 480.12 (7), for three (3) portable buildings to be used as temporary facilities for adult classrooms. Also to be considered is a request for waivers of the permanent foundation requirement and of the eighty percent (80 %) masonry requirement. The location is 2501 W . Southlake Blvd., being legally described as Lot 3R, J. G. Allen No. 18 Addition and being approximately 6.8 acres situated in the J. G. Allen Survey, Abstract No. 18. The owner applicant is Southlake Church of Christ. Karen Gandy, Zoning Administrator, reported that eight (8) notices were sent to property owners within 200 feet and there were two (2) written response opposed to the request. Public Hearing. Larry Stone, Southlake Church of Christ Body of Life Minister, stated the class room would be used one (1) hr on Sunday and one (1) hr on Wednesday for adult and teenagers. Al Peters, 200 Brock Dr. said he is opposed to the request due to the litter and no buffer. E. I. Weisman, 2607 W. Southlake Blvd. presented pictures and stated he is opposed to the request. June Haney, Spin Representative, 400 Brock Dr. said she is not opposed if it is really temporary. Rebuttal: Larry Stone said they will clean up the property and are willing to establish a buffer with hardwood trees to meet the City's requirements. Shawn Poe, City engineer said the sewer tie in is one (1) to two (2) months after construction begins weather permitted. Mr. Poe further stated that retention ponds were proposed and drainage. There was no other person wishing to speak either in favor or in opposition of the request. Public Hearing Closed. A motion to grant ZBA Case #256 the request as amended from three years to one year for three (3) portable buildings and meet the following requirements. 1. Emergency equipment on site excess as deemed approved by the fire marshall. 2. Additional parking, 3. Plans for permanent structure Zoning Board of Adjustment Meeting July 25, 1996 page 5 Motion: Sorenson Second: Hall Ayes: Hall, Sorenson, Joyce Nays: Smart, Kemp Vote: 3 - 2 denied the request. Agenda Item #7 Meeting Adjourned. With no objections the Chair deemed the meeting adjourned. Meeting Adjourned 11:09 P. M. ?/J an Bryson Attended the meeting and prepared the minutes ATTEST; Sandra L. LeGrand City Secretary BOARD OF ADJUSTMENT MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE OA-t- At 4vL jv 6 fiv C1C'.t.!t� dol� . ll-,7v-,u-LrrJ,- P4M L E' c s