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1994-06-16 " CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING June 16, 1994 7:00 P.M. sir MEMBERS PRESENT: Fred Joyce, Chairman; Joe Bentley, Vice Chairman; Karen Reynolds, Sharon Hobbs, Alternate #1; Art Sorenson, Alternate #2. j MEMBERS ABSENT: Dennis Minder, William Towler. STAFF PRESENT: Karen Gandy, Zoning Administrator, Charles Bloomberg, Plans 1 iii Examiner; Jean Bryson, Secretary, Debbie Coomer, Secretary Assistant. Agenda Item #2 Approval of the Minutes. With no objections the Chair deemed the Minutes of the March 10, 1994 Regular Meeting approved. , A motion was made to approve as amended, the Minutes of the Regular Meeting April 14, 1994. With no objections the Chair deemed the Minutes approved as amended. Item #3 Administrative Comments. Karen Gandy reported no cases are pending. Agenda Item #4 ZBA Case #201, Request for a Special Exception Use Permit. Case #201 a request for a Special Exception Use Permit per Ordinance No. 480, Section 44.12 (3) for the construction of an accessory building of a size greater than the 1,000 sq. ft. permitted under the accessory building requirements of the "SF-1A" zoning district of Lot 1, M. Mahaffey No. 916 Addition. The location is 305 Bob Jones Road and the owner/applicants are Peter and Julie Landesberg. Karen Gandy, Zoning Administrator, stated there were nine (9) letters sent to property owners within 200 feet. There was one (1) response in favor of the request. Ms. Gandy further stated, the proposed barn has a 10' open-air shed attached on the east it side. The shed will be a minimum of 20' from the property and will be used for storage of farm equipment. The barn which will shelter the horses will be a minimum of 30' from the side property line. i rr Board of Adjustment Meeting pg. 2 June 16, 1994 Agenda Item #4 continued. ~r Public Hearing. W Peter and Julie Landesberg were both present for questions. There was no other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed. The findings were state by Mr. Bentley. The requested exception is specifically permitted by the Zoning Ordinance, as set forth in Section 44.12 (3); 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. A Motion to grant a special Exception ZBA Case #201: 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 305 Bob Jones Road, in Southlake, Texas and being legally described as Lot 1, M. Mahaffey Number 916 Addition ; Such SPECIAL EXCEPTION to be granted as follows: A. Pursuant to the Zoning Ordinance, Sections (s) 44.12 (3); and B. Thereby permitting the following: construction of an accessory building with size greater than 1,000 square feet, and more specifically, a barn of approximately 1,730 square feet, being the aggregate size of all accessory buildings to be approximately 1,730 square feet; and C rr YrM Board of Adjustment Meeting pg 3 June 16, 1994 Agenda Item #4 continued. C. Finally, the SPECIAL EXCEPTION 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; ATTACHMENT # DESCRIPTION One Concept plan, or Plot plan Motion: Bentley Second: Reynolds Ayes: Sorenson, Hobbs, Reynolds, Bentley, Joyce Nays: None Vote: 5 - 0 to approve Agenda Item #5 ZBA Case #202. Appeal of the Administrative Official's Interpretation. Case #202, Appeal of the Administrative Official's interpretation regarding the fronting of a residential structure on a lot legally being described as Lot 93, Block 1, South Ridge Lakes, phase VI, Section 2 in the "SF-20A" Single Family-20A Residential District per Ordinance No. 480, Section 4, "Definitions." The location is 916 Brazos, at the Southeast comer of Brazos and Loving Ct. The potential Owners are John and Kathy Allsot. Karen Gandy, Zoning Administrator, stated there were Seventeen (17) letters sent to property owners within 200 feet. There were two (2) responses in favor of the request. Public Hearing. John Duncan, owner and builder, was present and said the lot had been addressed as 613 Loving by the City of Southlake staff. All negotiations with the Allsots were made with the assumption that the lot would front Loving Court as this was the information told to him by the City. Kathy Allsot, potential owner, said the fronting of the lot onto Loving Ct. was the prime reason for purchasing the lot as their son was handicapped and it was for his safety that the lot not front Brazos Drive. Ms. Allsot presented letters from homeowners in the area in support of their request. ~We W ~r R Board of Adjustment Meeting pg 4 %use June 16, 1994 Agenda Item # 5 continued. Don Speckman, SouthRidge Lakes Realty said this company sales all the new homes for the builders. Mr. Speckman said he was the person that represented to the Allsots that the house would face Loving Court. He present to the Board a copy of the addresses for SouthRidge W Lakes Phase VI that had been obtained from the City of Southlake. Mr. Speckman's concerned was, the Realty Company had misrepresented the lot. j Charles Bloomberg, Plans Examiner for the City, stated the addressing error wasn't discovered until the building application was received. r R. J. Houghtling, 700 Kleberg Ct. said he has no objections except for the garage to face Brazos Drive If it could have a rear entrance to the garage. Gary Carswell, 611 Loving Court next door neighbor, he specifically ask which way the house next door would face and was told that the lot would be addressed 613 Loving Court. Mr. Carswell said, this is what is meant about misrepresenting the sale of the lots. Debbie Holder, 1600 Pecos Dr. has now finished her plans to build at 915 Brazos Dr. across from the Allsots lot said, her only objection was the garage opening onto Brazos Dr. as she would be looking directly into the garage. Ms. Holder presented a letter to the Board from Barrington Homes, owner of Lot 51 Block 2 stating his lot would be negatively impacted if directly across the street a garage is allowed to face the street. John Allsot, potential owner, said the house was designed for the safety of their son. There was no other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed. After a discussion by the Board; A motion was made ZBA Case #202, Appeal of the Administrative Official's interpretation regarding the fronting of a residential structure on a lot legally being described as Lot 93, Block 1, SouthRidge Lakes, Phase VI, Section 2 be granted. Motion: Bentley t. Second: Reynolds Ayes: None Nays: Sorenson, Hobbs, Reynolds, Bentley, Joyce Vote: 0 - 5 Motion is denied. w The Board Of Adjustment Meeting pg 5 June 16, 1994 Agenda Item # 5 continued. The finding were stated by Mr. Bentley; A. The determination of the Zoning Official in ZBA Case #202 is a correct and proper interpretation of the Ordinance in regards to Lot 93, Block 1, SouthRidge Lakes Phase VI, Section 2; and furthermore, B. The ruling of the Zoning Official in ZBA Case #202 is affirmed, and the petition of the Appellants is hereby denied. Agenda Item #6 Administrative Procedures and Forms. After a discussion it was decided that the Procedures presented by Mr. Bentley to be a Consider Item on the next Agenda. First Item on the Agenda if possible. • Agenda Item #7 Meeting Adjourned. With no objections the Chair deemed the meeting adjourned. Meeting Adjourned 10 P. M. red Jo hai an tip can Bryson Attended the meeting and prepared the minutes +~rr ATTEST; Sandra L. LeGrand a6 C City Secretary ~w AWNk FINDINGS of the BOARD of ADJUSTMENT W 1 Re ZBA case number The requested exception is specifically permitted by the zoning ordinance, as 2 set forth in Section(s) ....T... .l....I O.`. ~ : and 1MI 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 44 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. +~t OFFERED BY: w. NTERED INTO THE RECORD BY: 4 Secretary to the Board Yr 1Y1 w~ wi A MOTION to GRANT a SPECIAL EXCEPTION aG~: 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 a SPECIAL EXCEPTION to the terms of the ZONING ORDINANCE as it relates to the property located at -20 1W 606 Jon -5 2 , MR . in Southlake, Texas, and being legally described as 3 l1~~~........:.. . , A Such SPECIAL EXCEPTION to be granted as follows: on 4 A. Pursuant to the zoning ordinance, Section(s) 2 5 and 6 B. Thereby permitting the following: ..?a.s.....1:~ C.?..... 7 G.Q.C. ~ .~~..r. .U' n w z ~..........~~~Y~c:........ IDDa I 9 6.ar X!.." ~.~........r~........ z to .~r l ~ AL....~ k P'~~..... 11 if ~IL ~b If 12 ;(Jj1 13 14 t, 15 16 17 18 . and 09 Page ONE of I W if a~ Re ZBA case number 0 is permitted, and 2 ~ Finally-, the -b'-H£`& / SPECIAL EPTI shall be enforced, constructed, operated, maintained andor otherwise implemented with reference to the following ATTACHMENTS, which are hereby di incorporated into this motion: Attachment T Description ONE Concept plan, or Plot plan M 3 4 5 6 7 8 ADOPTED BY BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS THIS THE 7f± DAY OF JUA)F- 199 10 Secretary to the Board qW" 11 C air an AIM ATTEST: 12 City Secretary 13 Page -1 WO of _~Vv C The following form may be filled out and mailed to the City of Southlake, 667 North Carroll Avenue, Southlake, Texas 76092. SASE # 202 w I am ~in favor o (opposed to) (undecided about) the request for the following reasons: DL))4elj f 4-7) S on ddr s -~cin ~UV!n ~uur~: SIGNATURE: ADDRESS: / 7 092 The following form may be filled out and mailed to the City of Southlake, 667 North Carroll Avenue, Southlake, Texas 76092. CASE # 202 I am n favor o (i (opposed to) (undecided about) the request for the following reasons: z~a a.b Q SS CSI G1FF1 "'k YL I. '6t-a' iL 2 .h7 ~ G P t_ '~O R C~~ b 17~0.C ~ V~~ ~o~f q ~ SIGNATURE: G-`1-~--- a~' ADDRESS: q1b op `~F1C PL51~C•-~.CC~ CLCC DtU ~~1.<. Of-C i✓~,0. Y..C~ ~ ~ \ CA- J r3 O b 410 c~ 406 X08 412 67 409 c1,72 w ar a ~ a o w dp 6'i V tM ~ G7 QJ ~ a a y. '4 . cp V Aw o 40 m ~ 0 0 m H m aer ba O -,Q 40 ~ V 41 A r • O N arr N Q O 1 b ~ ~ BARRINGTON H O M E S 1w cw JUNE 16, 1994 DEAR CITY OF SOUTHLAKE BOARD OF ADJUSTMENT: I HAVE LOT 51 BLOCK 2 IN SOUTHRIDGE LAKES UNDER CONTRACT AT THIS TIME AND DO BELIEVE THAT THE VALUE OF THIS LOT WOULD BE NEGATIVELY IMPACTED IF DIRECTLY ACROSS THE STREET A GARAGE IS ALLOWED TO FACE THE STREET. I BELIEVE THE VALUE OF THIS PARTICULAR LOT WOULD BE REDUCED AND THAT THE SUBDIVISION r OVERALL SUFFERS WHEN GARAGES FACE DIRECTLY ONTO A STREET. THANK YOU, rr BRAD BARRINGTON do .r +r ,rr •r a 514 BEAR RIDGE KELLER, TEXAS 76248 RES. (817) 431-0086 • OFF. (817) 431-9106 ~r City of Southlake, Texas MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE IEETIN . DATE: lag-160-3w NAME ADDRESS TELEPHONE AGENDA ITEM 10 '7334-3/9 aw, rt\ IV Ila k-.~L. 19 U4 CA~ it