1994-04-14
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CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
APRIL 14, 1994 7:00 P.M.
p•
MEMBERS PRESENT: Fred Joyce, Chairman; Karen Reynolds, William Towler, Sharron
Hobbs, Alternate # 1.
MEMBERS ABSENT: Joe Bentley, Vice Chairman; Dennis Minder, Arthur Sorenson,
Alternate #2.
STAFF PRESENT: Karen Gandy, Zoning Administrator; Jean Bryson, Secretary.
id Agenda Item #2 Approval of the Minutes.
With no objections the Chair deemed the approval of the Minutes of the March 10, 1994 be
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tabled for the next regular meeting.
Agenda Item #3 Administrative Comments.
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Karen Gandy, Zoning Administrator, stated, there are no cases pending.
Agenda Item #4 ZBA Case #200. Variance.
Case # 200, 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
Lot 6, Francis Throop No. 1511 Addition. The location is 1840 Kimball Avenue and the
Owner/Applicant is Les Gibson.
Karen Gandy, Zoning Administrator, stated there were ten (10) letters sent to property
owners within 200 feet. There were three (3) response all in favor of the request. Ms.
Gandy further stated Zoning was approved by the Planning and Zoning Commission on April
7, 1994 and the plat showing will be administratively approved after all platting requirements
have been met. The results of the percolation test and a letter from the Tarrant County
Health Department approving the use of a private disposal system was presented to the
Planning and Zoning Staff.
Public Hearing.
h. Mr. Les Gibson was present and said, his property consisted of 1.006 acres and after
dedicating an additional five (5) feet from frontage to the City for the expanded Right of way
requirement (from 60' to 70') on Kimball Road, the remaining effective acreage will be
0.98 acres, resulting in the requirement for the Variance is because of the 0.02 acre shortage
in total land.
a .
Board of Adjustment Meeting page 2
April 14, 1994.
Agenda Item #4 continued.
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. Towler.
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 the City of Southlake has taken 5' additional feet of frontage for right of way and the
applicant now owns 0.02 of an acre less than the requested minimum of one acre;
And that the general purpose and intent of the ordinance is to allow the individual to use the
property as originally intended;
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 #200 as requested was made.
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 1840 N. Kimball Ave.; in Southlake,
iWl Texas and being legally described as Lot 6, Francis Troop 1511 Addition (Tract 1W - A
1511); such Variance to be granted as follows:
~r A. The terms of the zoning ordinance are varied only in regard to Section 33.14; and
B. Furthermore, the terms of the Zoning Ordinance are varied only to the extent
rc necessary to permit a private sewage disposal system.
Board of Adjustment Meeting page 3
April 14, 1994
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Agenda Item # 4 continued.
C. Finally, the Variance is permitted, and shall be enforced constructed, operated,
maintained and/or otherwise implemented with reference to the following
ATTACHMENTS, which are hereby incorporated into this motion:
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ATTACHMENT # DESCRIPTION
Ell, One Concept plan, or Plot plan
Two Soil Test requirement dated 3-5-94
Motion: Towler
& Second: Reynolds
Ayes: Hobbs, Reynolds, Towler, Joyce
Nays: None
Vote: 4-0 to approve
Agenda Item #5 Discussion: Administrative Procedures and Forms.
The Chair ask Ms. Gandy to speak with the City Attorney concerning the Resolution and the
discussion continue to the next regular meeting.
Agenda Item #6 Meeting Adjourned.
With no objections the Chair deemed the meeting adjourned.
Meeting Adjourned 7:30 P. M.
Fred J c , C armn
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an Bryson
Attended the meeting and prepared the minutes
ATTEST:
Sandra L. LeGrand
City Secretary
OFFICE SUPPLY TEL No.817-496-8909 Mar 15.94 15:34 N0.002 P.01
reed
aPCSOIL, TEST REPORT
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PANT:
Name Phone &7 !LB/- 2 87f
Street of P.O. Box y- v go ju h p//+IC
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City* State '/r...... zjp:z(.
/ sip 7?~eroo a7fAnvcy /Ytbs / S// _
PROPERTY LOCATIO
ea r~ewm eeo~ri
Lot n_ Block Subdivision
077
Street/Road Address
Unincorporated Area W) or City
Additional information . ebd/ ed"geg » ix'
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SCHEMATIC OF LOT OR TRACT
reflecting the follow"
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1. Compose North. odi•cont ldroot(o16 dlroetioa 78Z. r
of slope. property lines with linearfactage.
2. Location of (60nberad) 6011 porcelattoo and
Subsoil lost holes (show dlslanee of each
baste tram property find of other easily. I g
discernible point).
Si l.aeattoa of existing or p►opesed water wetly Q
4. L.ocatloa of natural, cossitucled at proposed 1
tinbtogs ways. water Impoundment areas, cut •
a tilt banks, buildings. fdyst
5. Additional information that envy influence '
the function of proposed system, S/vPt
PERCOLATION RESULTS: Test No. Depth of Hole Minutes ppyer'~Inch Fall
91 (if eggs ut atop grotted *Star
is 6nMYntrr6d. show location a w C
and indicate approslmale depth.)
A g, 3
.rte...-r ~w.w.w+~
Alt ?;La-
Percol..tt ut tests to he executed within proposed I+teral field eroa, sdeQuutely defining sail cooditians eaiMing
in race t.6 d depth of protroaed lateral ditehrs C!g inch min. to 16 Inch mitt.). Tseid to he conducted fit specified
in A OtIlitli TO THE DISPOSAL OF HOUSEHAX.D SVWJLGti (Treed Department of H+slth R+rourt•ra) or ob n•-
4ttlted br the Te.rant County tlaatlh Department. oreratahi and ad.aluaue sell swelling Bidet be allowed yNur to
t~ any mrastd.Sonts of record.
SUBSOIL TEST RESULT: Depth of Texture Classification
( If (me or deep ground water 0. to B
i+ f..t;ndithyld. Indicate depth 4
42 36
round and find static level.)
M
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tl~ r . r ice.
Subsoil leatf+) to be eaocuted within the proposed lateral field area to a mtalnum depth of sir feat. The Unified
Soil Clsaaltication Sustain of other appreved reporting method shall be used.
SITE COMMENTS:
Presence of upper Waite abed yes ✓ No
Presence of adjacent ponds. stresms. water Impoundment area. you How
4stattng or proposed water well la aeaeby area. Yea~ He
Ne
Organised sewage d ad sett far llsbte to lot or tract you
C ESTED ICY:
Signature State Regtotrailon Me. 14q,4A
Pits h Ell meet Company Phalle 117 422 e
Address 1525 anterbury r~ a For~,orttt T~ exas,j§l~2
It should be undcratood that the lid data end other tafofmati6a given la this report does Set cover 1101 infer approval
for lit lnstatlalloa of the Individud septic tank eystem(at. Thy deatga, construction cad taststlatlea of each eyetam
to based upon the specific ceadiUena affecting stick lot a tna and must be subepdeaHy rsvkwed and approved by
!,r th6 Tafreat County Health Departments
...a........♦ r1U.• L•.• Ibr T•w•a C..utr~
C FINDINGS of the BOARD of ADJUSTMENT
1 Re ZBA case number ---6~_" -
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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
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01 16 and that the general purpose and intent of the ordinance is a~'✓
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and furthermore, that special conditions and circumstances exist which are
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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,
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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)
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
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.
OFFERED BY:
ENTERED INTO THE RECORD BY:
so
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cretary to the oard
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A MOTION to GRANT a VARIANCE
1 Re ZBA case number
fill 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
illl
2 .....1k!. ....hN444-......: ,
in Southlake, Texas, and being legally described as
3 .....)rr%r ........I:r ::::............1.51...............7............1... ~.....:~!.l.~ll.. ;
Such VARIANCE to be granted as follows:
A. The terms of the zoning ordinance are varied only in regard to
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4 Section(s) d. ........33:.
5 : and
B. Furthermore, the terms of the zoning ordinance are varied only to the
6 extent necessary to permit .G ~~f~
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16 Page ONE of
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Re ZBA case number
do 2 Finally, the VARIANCE / SPECIAL EXCEPTION is permitted, and
shall be enforced, constructed, operated, maintained and/or otherwise
implemented with reference to the following ATTACHMENTS, which are hereby
ilk incorporated into this motion:
Attachment # Description
ONE Concept plan, or Plot plan I;t 3 . ~ ..t. x! . ! 0k'.'~'.~!Q........1...~~....~. 1. f.....
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ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS
THIS THE DAY OF 1993.
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S retary o the oard
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ii hairm n
ATTEST:
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City Secretary
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City of Southlake, Texas
IA3Q21zl '14
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