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1994-01-13 CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING January 13, 1994 7:00 P.M. Irr MEMBERS PRESENT: Fred Joyce, Chairman; Joe Bentley, Vice Chairman; Karen Reynolds, William Towler, Dennis Minder, Sharron Hobbs, Alternate #1; Arthur Sorenson, Alternate #2. ' MEMBERS ABSENT: None STAFF PRESENT: Karen Gandy, Zoning Administrator, Jean Bryson, Secretary. Agenda Item #1 A. Call to order. w Meeting was called to order by Fred Joyce, Chairman. B. Executive Session: There was no executive session. C. Reconvene Agenda Item #2 Approval of the Minutes. A motion was made to approve the minutes of the Regular meeting, December 16, 1993 as amended. r Motion: Bentley ,w Second: Minder Ayes: Hobbs, Minder, Bentley, Joyce Nays: none Abstained:Towler (absent at the Dec. 16th meeting) Vote: 4-0-1 to approve A motion was made to approve the minutes of the Regular meeting December 20, 1993. Motion: Towler Second: Hobbs Ayes: Hobbs, Towler, Minder, Bentley, Joyce Agenda Item #3 Administrative Comments. it Ms. Gandy reported the next regular meeting will be February 10, 00~. 1994. ~r Board of Adjustment Meeting page 2 r` January 13, 1994 Agenda Item #4 ZBA Case # ZBA CASE #194 Special Exception Use ZBA Case #194, Special Exception Use Permit for Family Quarters per Ordinance No. 480, Section 44.12 (1) for property zoned "SF- 1A" Single Family Residential. The location is 435 Bob Jones Road, legally described as Block 1 Lot 5, Oakwood Estates. The owner/applicants are Joseph Q. and Angela George. A presentation was made by Karen Gandy , Zoning Administrator. Ms. Gandy stated there were seventeen (17) letters sent to property owners; eleven (11) were within 200 feet. There were w~ five (5) responses, 4 in favor of the request and 1 not within 200 feet not in favor of the request. Public Hearing Angela George, owner/applicant was present and said they would like to build a main home approximately 3600 sq. ft. connected to a family quarters via a porte-co-chere. The family quarters will lir be a part of the main house, 1000 sq. ft. or less, separate septic and 1 utility meter. Ms. George presented to the board a group of pictures similar to the home she wishes to built. There was no other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed. ! Findings were stated by Mr. Bentley. ZBA case #194 requested Special exception is specifically permitted by the zoning ordinance as set forth in Section 44.12 (1); and The location of the proposed activities and improvements are clearly defined on the concept plan or plot plan submitted in rm this case, or as otherwise required to be submitted; and ~•e Furthermore, the evidence before the Board clearly shows that the special exception will b wholly compatible with the use and permitted development of adjacent properties, either as filed or subject to such limitations and requirements as the Board of Adjustment deems to be necessary to protect adjacent properties. A motion to grant a Special Exception ZBA Case #194. j That the BOARD OF ADJUSTMENT of the CITY OF SOUTHLAKE, TEXAS pursuant to the findings set forth in this case, HEREBY GRANTS a SPECIAL EXCEPTION to the terms of the ZONING ORDINANCE as it x relates to the property located 435 Bob Jones Road, Southlake, Board of Adjustment page 3 January 13, 1994 Acrenda item #4 continued. Texas and being legally described Block 1, Lot 5, Oakwood Estate; Such SPECIAL EXCEPTION to be granted as follows: A. Pursuant to the Zoning Ordinance, Sections 44.12 (1); and B. Thereby permitting the following: Family Quarters according w to the terms and conditions of the Zoning Ordinance; and C. Finally, the SPECIAL EXCEPTION is permitted, and shall be enforced, constructed, operated, maintained and/or otherwise ww implemented with reference to the following attachments, which are hereby incorporated into this motion; ATTACHMENT # DESCRIPTION One Plot plan Motion: Bentley Second: Towler Ayes: Towler, Minder, Reynolds, Bentley, Joyce Nays: None Vote: 5-0 to approve Agenda Item #5 ZBA Case #195 Variance. ZBA Case # 195, Variance to Ordinance No. 480, Section 33.14 requiring a minimum lot size of one acre for a private sewage disposal system and subsurface drainage field. The location is 1740 Randol Mill Ave., being 0.8123 acres in the William Martin Survey, Abstract No. 1068, Tract 2B5. The owner/applicant is Donald Randall Crawford. rr A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy stated there were Seven (7) letters sent to property owners within 200 feet and there was no response. Ms. Gandy said on January 6, 1994, the Planning and Zoning Commission recommended approval of the "SF-30" zoning request. The City Council will consider the request at their January 18, 1994 and February 1, 1994 meetings. Ali Public Hearing. Randall Crawford, owner/applicant, was present and said the land was purchased in 1978 with a mobile home on site. Mr. Crawford said he removed the mobile home and now has contracted to build a x P" home on the site. To his knowledge sewer will not be available for nine to ten years and he is asking for a variance for a Board of Adjustment Meeting page 4 January 13, 1994 Acrenda Item # 5 continued. private sewage disposal system and subsurface drainage field. There was no other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed The findings were stated by Mr. Bentley. iill The evidence presented by the applicant demonstrates that a literal enforcement of the terms of the Zoning Ordinance on the property in question would impose an unnecessary hardship, in that residential use of the property is a permitted use in the district, and due to the size of the property its utility and worth for agricultural uses is extremely limited, thereby making +w residential use its only reasonable use; and the terms of the ordinance requires a minimum of one acre, which is more than the size of the property, and this was on existing lot at the time of adoption of the ordinance; And that the general purpose and intent of the ordinance is to permit and promote reasonable development of property whenever possible and safely feasible; and furthermore, that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district; and that these special conditions and circumstances do not result from the actions of the applicant; and that granting a variance will not confer upon the applicant any special privilege that is denied by the zoning ordinance to other lands, structures or buildings in the same district; and + furthermore, that the requirements of the zoning ordinance regarding a variance have been met by the applicants; and that the reasons set forth by the applicant justify the granting of a variance, which is the minimum variance that will make possible the reasonable use of the land, structure or building; and finally, that granting of a variance will be in harmony with the general purpose and intent of the zoning ordinance and will not be injurious or otherwise detrimental to the public welfare. A Motion to Grant a Variance ZBA Case #195: That the Board of Adjustment of the City of Southlake, Texas, pursuant to the findings set forth in this case, Hereby Grants AUTHORITY to VARY the terms of the ZONING ORDINANCE as it relates ` to the property located at 1740 Randol Mill Avenue; in Southlake, 3 Board of Adjustment Meeting page 5 January 13, 1994 ew Agenda Item #5 continued. Texas and being legally described as .9263 acres in the Wm. Martin Survey, Abstract 1068, being Tract 2B5; such Variance to be granted as follows: 4R A. The terms of the zoning ordinance are varied only in regard to Section 33.14; and u11 B. Furthermore, the terms of the Zoning Ordinance are varied only to the extent necessary to permit use of an on premise septic tank and subsurface drainage field to be situated in no less than .70 acres; and C. Finally, the Variance is permitted, and shall be enforced constructed, operated, maintained and/or otherwise implemented with reference to the following ATTACHMENTS, which hi are hereby incorporated into this motion: ATTACHMENT # DESCRIPTION One Plot plan w Motion: Bentley Second: Towler Ayes: Towler, Minder, Reynolds, Bentley, Joyce Nays : None j Vote: 5-0 to grant Agenda Item #6 ZBA Case #196 Variance ZBA Case #196, Variance to Ordinance No. 480, Section 33.14 requiring a minimum lot size of one acre for a private sewage disposal system and subsurface drainage field for the proposed Block 2 Lot 13, 14, 15, & 16, Hallwood Addition. The location is Northwest of Harbor Oaks Subdivision adjacent to Burney Lane. The owners are David George and Betty Jones Foreman. The Applicant is VLMC, Inc. A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy stated that eight (8) letters were sent to property 1W owners within 200 feet and there were two (2) responses in opposition of the request. Public Hearing. The board requested Ms. Gandy to have available at the next AMW r~r meeting the following: Board of Adjustment Meeting Page 6 January 13, 1994 w~ 1. Flowage easement above 572. 2. Current legal description 3. Site plat 4. Size of lots 5. County approval of septic system 1~W A motion was made to table ZBA Case # 196 to the February 10, 1994 meeting. Motion: Bentley Second: Towler Ayes: Towler, Minder, Hobbs, Bentley, Joyce. Nays: None U Vote: 5-0 to table OR Agenda Item #7 Meeting Adiourned. Ow With no objections the Chair deemed the meeting adjourned. on Meeting Adjourned 10 P. M. ~r+ red J , q~Kairman Bryso Vt the meeting and prepared the minutes r +w ATTEST; "na 4 err andra L. eGrand City Secretary City of Southlake, Texas SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE: NAME ADDRESS TELEPHONE AGENDA ITEM A - (ZM& l;-5A 4-uP-v',L jlq - &i4td 314 :TVb)#fnd 04k bi, j rto~tf o,& ps on ~i A MOTION to GRANT a SPECIAL EXCEPTION 1 Re ZBA case number X10 That the BOARD of ADJUSTMENT of the CITY of SOUTHLAKE, TEXAS, pursuant to the findings set forth in this case, HEREBY GRANTS a SPECIAL EXCEPTION to the terms of the ZONING ORDINANCE as it relates to the property located at " r ......1 C. . sue : , 2 ~ in Southlake, Texas, and being legally described as W Such SPECIAL EXCEPTION to be •granted as follows: 4 A. Pursuant to the zoning ordinance, Section(s) 5 . and 6 B. Thereby permitting the following: ..........((.......,`t~ 7 ~.4'.~~ n e'. n~.... .Gt....rrT~..?...~~.L rr. l... 9 10 11 12 13 14 15 16 17 18 and irl 11 19 Page ONE of 'wool 40 111 Re ZBA case number 2 Finally, the / SPECIAL EXCEPTION is permitted, and shall be enforced, construc, d, operated, maintained and/or otherwise implemented with reference to the following ATTACHMENTS, which are hereby incorporated into this motion: Attachment # Description ONE Concept plan, or Plot plan 3 td 4 5 6 7 on, 8 ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS THIS THE Tlt- DAY OF tQ U -ii-. 10 S retary to the Boa 11 hairm n ATTEST: 12 City Secretary 13 Page of s~ Ago, X11 i~ "MON., FINDINGS of the BOARD of ADJUSTMENT `~rrrrw' Aw fitif 1 Re ZBA case number on of The requested exceptions isspecifically permitted by the zoning ordinance, as 2 set forth in Section(s) .?..1.."..i..4.~.! . and The location of the proposed activities and improvements are clearly defined on the concept plan or plot plan submitted in this case, or as otherwise required to be submitted; and Furthermore, the evidence before the Board clearly shows that the special exception will be wholly compatible with the use and permitted development of adjacent properties, either as filed or subject to such limitations and requirements as the Board of Adjustment deems to be necessary to protect adjacent properties. d fir OFFERED BY: ENTERED INTO THE RECORD BY: 10 4 e retary t t e B rd 'Wool W. FINDINGS of the BOARD of ADJUSTMENT 1 Re ZBA case number +0 The evidence presented by the applicant(s) demonstrates that a literal enforcement of the terms of the zoning ordinance on the property in question would impose an unnecessary hardship, in that 2 ...:::?l..~~..:'.!..:....~.~.~ ......:......::1....... ~y.....:.:~.....t............ + / ti5{('i-T ` 3 : ....................i . ................4:......}}...G. ( G1 :M e . u: } . ~ .r: 5 6A C[~(..~~Jt4.`.:..':~~~:.l...ur? ..1.` 6 {~..:~.~.C:.:, 1~1J....~.5... ~ 7 Z... ~ C- fiY . 9 12 , K. 'WI'r 11 OKI...... .1.~ 12 . k..: .L::'.'~~ 13 14 15 16 and that the general purpose and intent of the ordinance is .:.4~.......... W 17 1........ .k~.l oj~r.... 18 . l1........:~ ► : ` ' ......r~:: 19 20 90 21 22 and furthermore, that special conditions and circumstances exist which are peculiar to the land, structure(s) or building(s) involved which are not applicable to other lands, structures or buildings in the same district; and that these special conditions and circumstances do not result from the actions of the applicant(s); and that granting a variance will not confer upon the applicant(s) any special privilege that is denied by the zoning ordinance to other lands, structures or buildings in the same district; and furthermore, that the requirements of the zoning ordinance regarding a variance have been met by the applicant(s); and that the reasons set forth by the applicant(s) ~s justify the granting of a variance, which is the minimum variance that will make possible the reasonable use of the land, structure(s) or building(s); and ~s III finally, that granting of a variance will be in harmony with the general !I purpose and intent of the zoning ordinance and will not be injurious or otherwise detrimental to the public welfare. OFFERED BY: ENTERED INTO THE RECORD BY: w 2 S c etary to t -e oar OR 60 ~r NOV. A MOTION to GRANT a VARIANCE iim 1 Re ZBA case number That the BOARD of ADJUSTMENT of the CITY of SOUTHLAKE, TEXAS, pursuant to the findings set forth in this case, HEREBY GRANTS AUTHORITY to VARY the terms of the ZONING ORDINANCE as it relates to the property located at 2 ..1.........J.!.<1.:........:.1..(:.....v►'lu.lrr . in Southlake, Texas, and being legally described as o'12~v~Gr~~j i!1~V1.lVIYT~~n ~j,t~vL~ ft1D5~/.!.U~.::.~tn 1 ~At:~~' 3 f. f....... ~r Such VARIANCE to be granted as follows: / A. The terms of the zoning ordinance are varied only in regard to . 4 Section(s)3.2).V.!.7 5 and 60 B. Furthermore, the terms of the zoning ordinance are varied only to the 6 extent necessary to permit 7 .r~..... z,n 41....... .:i>.h..5~t 8 . ki.d. rG.t~ ' .~I...... . c 9 10 11 12 13 Yr 14 *w 15 and 4W on - 16 Page ONE of W(J %WWI 60 OR tA►M . r Re ZBA case number . 2 Finally, the VARIANCE / N is permitted, and shall be enforced, constructed, operated, aintained and/or otherwise implemented with reference to the following ATTACHMENTS, which are hereby incorporated into this motion: Attachment # Description ONE Concept plan, or Plot plan 3 4 5 6 lr 7 8 ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS THIS THE DAY OF '0142- ,-1:993- I~ 10 S rQ:x 0" etary to the Bo rd 11 hairm n RM ATTEST: 12 City Secretary om 13 Page of 6M ~I 1 W' ( WA L i c W ~5 t' L rt:, ~ ~ ~4 f l / ~ ~ ~ f ~f i - gip... _ l~ ~d T' ~ ~.a', ~r z ~ t t i l ` t ~ ~ - i 1 i I~iW r, i irrrr 1 t i 4 Lei s PP rv e.. o, .\M1 I s4 y V,, SA S _ J r 0 +l i j 1, 4c t i m r MI 9p F mot ~p p•o M! aee, c~ET ~ k r ! 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