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1996-10-10 CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING October 10, 1996 7:00 p.m. MEMBERS PRESENT: Fred Joyce, Chairperson; Art Sorenson, Vice Chairperson; Ron Troy; John Smart, Alternate #2 MEMBERS ABSENT: Karen Cienki, Sally Hall, William (Bill) Kemp, Alternate #1 STAFF PRESENT: Karen Gandy, Zoning Administrator; Stefanie Sarakaitis, Zoning Assistant Agenda Item #2 Approval of the Minutes A motion was made to approve the minutes of the September 12, 1996 meeting as amended. Motion: Sorenson Second: Troy Hearing no objection the Chair deemed the minutes approved as amended. Agenda Item #3 Administrative Comments Karen Gandy, Zoning Administrator, reported that there will be a regular meeting on October 24, 1996. Ms. Gandy also reported that a Zoning Board of Adjustment training session may be held in November, pending the availability of City Attorney, Allen Taylor. Agenda Item #3 to be continued at the conclusion of the meeting. Agenda Item #4 ZBA Case #262 Special Exception Use Permit ZBA Case #262, Special Exception Use Permit per Ordinance No. 480, Section 44.12.1 for family quarters containing approximately 1000 square feet. The location is 1740 Sunshine Lane, being legally described as 2.93 acres situated in the Francis Throop Survey, Abstract No. 1511, and being Tract 3A1F1. The owner/applicant is Martin R. Hawk. Karen Gandy, Zoning Administrator, reported that ten (10) notices were sent to property owners within 200 feet; there were three (3) written responses, all opposed to the request. One additional written response, opposed, was received at the meeting. Public Hearing. Zoning Board of Adjustment Meeting Page 2 October 10, 1996 Agenda Item #4 continued Martin Hawk was present to represent the case. Mr. Hawk stated that the proposed quarters is for his son and two granddaughters who currently reside with Mr. Hawk and his wife in the principal dwelling structure. He stated that the 25' x 40' structure would be set in a clearing to the southeast of the house, that the proposed quarters would be approximately 130' from the road, and that the family quarters would be hidden from the road by large oak trees. Mr. Hawk stated that he currently has a double septic tank on his property. An exhibit presented by Nate Hight, adjacent owner to the southwest, showed a number of outbuildings on the applicant's property that were missing from the plot plan as submitted by the applicant. Mr. Hawk discussed the current configuration of the existing structures on the property. He added that due to other structures on the property, it would not be possible to locate the proposed quarters behind the main dwelling. Nate Hight, 1700 N. Sunshine Lane, presented pictures and stated his opposition due to the appearance and condition of the existing buildings, and brought up the issue of drainage problems on the applicant's property, stating that Mr. Hawk receives a 25% tax deduction from Tarrant Appraisal District due to these problems. Donna Wallace, 1780 N. Sunshine Lane, was unable to attend the meeting, but designated Nate Hight to speak on her behalf. She was opposed to the request. Robert Bledsoe, 1600 N. Sunshine Lane, stated he was opposed to the request due to the inconsistent setback it would create, and stated that he was concerned that this placement would allow the quarters to be visible from the street. Mr. Hawk's rebuttal was that the pictures presented by Mr. Hight did not accurately show the proposed placement of the quarters. He reiterated the placement of the quarters would not be appropriate behind the main structure, adding that there are several trees behind the proposed placement that would prevent any movement back. There was no other person wishing to speak either in favor or in opposition of the request. Public Hearing Closed. After a discussion, a motion was made to table and to reopen the Public Hearing at the October 24, 1996 Zoning Board of Adjustment meeting. The case was continued to provide the Applicant the opportunity to submit a more detailed plot plan in lieu of a concept plan. Zoning Board of Adjustment Meeting Page 3 October 10, 1996 Agenda Item #4 continued Motion: Sorenson Second: Troy Ayes: Smart, Troy, Sorenson, Joyce Nays: None Vote: 4-0 to table Agenda Item #5 ZBA Case #263 Special Exception Use Permit was set aside until after Agenda Item #6 due to the Applicant not being in attendance. Agenda Item #6 ZBA Case #264 Variance ZBA Case #264, Variances per Ordinance No. 480, Sections 26.50) and 39.4(c) regarding screening of outdoor trash receptacles; Sections 26.5(k) and 35.6(b) regarding non-residential off-street parking; and Section 42 regarding bufferyards. The location is on the west side of North Kimball Avenue, approximately 1,000 feet north of State Highway 114, for property being legally described as proposed Lot 1, Block 1, Mesco Addition, being approximately 2.1497 acres situated in the Thomas Mahan Survey, Abstract No. 1049, being a portion of Tract 3AL Ms. Gandy reported that seven (7) notices were sent to property owners within 200 feet; there were no written responses received. Public Hearing. Richard Wilhelm, Attorney for Anderson Industries, Inc., was present to represent the applicant. Mr. Wilhelm explained that the request is a consequence of the platting process of the lot, requiring right- of-way dedication along Kimball Avenue. Due to this requirement and the eventual widening of N. Kimball Ave., the current parking for the building would be eliminated. The applicant's request includes approximately forty (40) parking spaces on the back side of the existing building. Mr. Wilhelm pointed out the dumpsters as being on the northwest and the southwest corners of the lot. He also stated that the rear bufferyard requirement would narrow the emergency access around the rear of the building if the parking is constructed in the rear. Lela Rogers, 1215 Pine Street, adjacent owner to the north, stated that trash from either the site in question or the Mesco building site has been blowing onto her property. She also requested that the greenbelt on the north end of the property remain as it currently exists. Mr. Wilhelm responded that he would address Ms. Rogers' concern about trash. He further added that he would amend the variance request, removing the north bufferyard and the screening of the outdoor trash receptacles from his original request. Zoning Board of Adjustment Meeting Page 4 October 10, 1996 Agenda Item #6 continued There was no other person wishing to speak either in favor or in opposition of the request. Public Hearing closed. The Board found in favor of this case and made a motion to grant ZBA Case #264, as amended, to vary Ordinance No. 480, Sections 26.5(k) and 35.6(b) regarding non-residential off-street parking to require 40 parking spaces in the rear of the site as located on the plot plan presented with the application, and to delete bufferyards on the West, South, and East as required in Section 42. Motion: Sorenson Second: Troy Ayes: Smart, Troy, Sorenson, Joyce Nays: None Vote: 4-0 as amended Agenda Item #5 ZBA Case #263 Special Exception Use Permit ZBA Case #263, Special Exception Use permit per Ordinance No. 480, Section 44.12.1 for family quarters containing approximately 979 square feet. The location is on the west side of North White Chapel Blvd., approximately 530 feet north of the intersection of Bob Jones Road and North White Chapel Blvd., being legally described as 1.57 acres situated in the R. D. Price Survey, Abstract No. 992, and being a portion of Tracts 1 and 2. The owners/applicants are Perry R. and Jimme Kay Reeder. Ms. Gandy reported that eight (8) notices were sent to property owners within 200 feet; there were no written responses received. Public Hearing. Neither the applicant nor a representative was present for this case. There was no person wishing to speak either in favor or in opposition of the request. Public Hearing Closed After discussion a motion was made to approve the Special Exception Use Permit request as submitted. Zoning Board of Adjustment Meeting Page 5 October 10, 1996 Agenda Item #5 continued Motion: Troy Second: Smart Ayes: Smart, Troy, Sorenson, Joyce Nays: None Vote: 4-0 to grant as requested Agenda Item #3 continued Ms. Gandy proposed that the Board come up with five to ten issues to have City Attorney Allen Taylor address, and to video tape (if possible) the meeting between the Board and the City Attorney for future reference. Ms. Gandy suggested that the opening remarks be revised, simplifying them and addressing how the Board's motions are moved and their vote is recorded. Agenda Item #7 Meeting Adjourned With no objections the Chair deemed the meeting adjourned. Meeting adjourned 10:10 p.m. Fred Jo ice, airman Stef e Sarakaitis Attended the meeting and prepared the minutes ATTEST; %~~~W a uii ii ~50U7 0 ,f S•~ ± Sandra L. 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