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1994-07-28 CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING July 28, 1994 7:00 P.M. 1 MEMBERS PRESENT: Fred Joyce, Chairman; Joe Bentley, Vice Chairman; Karen Reynolds, Dennis Minder, John Moore, Alternate #1; Arthur Sorenson, Alternate #2. MEMBERS ABSENT: William Towler STAFF PRESENT: Karen Gandy, Zoning Administrator and Jean Bryson, Secretary; Greg Last, Director of Community Development; Tom Elgin, Planner; Paul Ward, Building Official; Debbie Coomer, Secretary Assistant, and Wayne K. Olson, City Attorney, arrived during Agenda Item #5. pa Agenda Item #2 Oath of Office The Oath of Office was administered to Fred Joyce, Dennis Minder, who will serve another ~*ft* term, and John Moore, who was appointed to serve as Alternate #1. Agenda Item #3 Approval of the Minutes. With no objections the Chair deemed the Minutes of the Regular Meeting June 16, 1994 approved as amended. j Agenda Item #4 Administrative Comments. Karen Gandy, Zoning Administrator, reported there is a meeting scheduled for August 11, 1994. Agenda Item #5 ZBA Case #205, Special Exception Use Permit. Case #205, Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for one portable building to be used for additional classroom space for Carroll Intermediate School. The location is 1101 North Carroll Avenue, being located Southeast of the intersection of North Carroll Avenue and East Highland Street being legally described as approximately 12.37 acres situated in the Richard Eads Survey, Abstract No. 695. The owner/applicant is Carroll Independent School District. A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy stated the current Zoning is "CS" Community Service and there were eight (8) letters sent to property owners within 200 feet and there was no response. Board of Adjustment Meeting page 2 July 28, 1994 Agenda Item # 5 continued. Public Hearing. Rick Martin, NCARB, Manager, James C. Lancaster & Associates, Inc. requesting a Special Exception Use Permit for a premanufactured building with a State approved Seal to i be used for additional classroom space. Mr. Martin requested the deletion of permanent foundation, masonry facade and hard surface parking associated with the building. Mr. Martin stated the Carroll ISD has a lease agreement for one year beginning August, 1994 and the building will be replaced with a permanent structure. Warren Anderson, Construction Management, James C. Lancaster & Associates, Inc. was present for questions. There was no other person wishing to speak either in favor or in opposition of the request. try Public Hearing Closed. W A Motion to grant a special Exception ZBA Case #205. low* 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 1101 North Carroll Avenue, southeast of the intersection of North Carroll and East Highland, in Southlake, Texas and being legally described as approximately 12.37 acres situated in the pa Richard Eads Survey, Abstract No. 695; Such SPECIAL EXCEPTION to be granted as follows: A. Pursuant to the Zoning Ordinance, Section 44.12 (7); and B. Thereby permitting the following: a portable building for classroom space for the Carroll Independent School District for a period of time which shall expire September rlri 1, 1995; an essentially in accordance with the plot plan submitted by applicant; and furthermore the requirements of Section 44.12 (7) regarding a permanent foundation, masonry facade, hard surfaced parking, and a transition plan for making this building a permanent structure are unnecessary since the requested use of this building is for a time period of approximately thirteen months and these requirements are not necessary to protect the health, safety, and welfare of the public and would constitute im an unnecessary hardship, and these above mentioned requirements are hereby waived; and 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; ~r Board of Adjustment Meeting page 3 July 28, 1994 Agenda Item 5 continued. ATTACHMENT # DESCRIPTION One Concept plan, or Plot plan Motion: Bentley Second: Sorenson W Ayes: Moore, Minder, Reynolds, Bentley, Joyce Nays: None Vote: 5-0 to approve Following the vote a discussion was held regarding the order in which the "alternate members" vote, in the absence of regular members. It was the opinion of Mr. Sorrenson and Mr. Minder due to the fact that Alternate #2, Art Sorenson has seniority over Alternate #1, John Moore, that Alternate #2 will vote this meeting, in the absence of Bill Towler, member. Mr. Joyce said, Ms. Gandy and Ms. Bryson questioned the swearing in of Alternate Member and were told by the City Secretary that according to Council's ruling John Moore would be seated as Alternate #1. Mr. Bentley said due to the discussion he would prey to the chair to declare the previous vote be invalid for non-compliance with the previous precedence of the board and call for another vote. The City Attorney asked if a vote had already been taken on the case and the Chair replied yes. The attorney said it did not matter which Alternate voted. Mr. Bentley raised a point of order and said he hears the attorney and he appreciated his input but Mr. Bentley said, it is none the less the decision of the Board and he raised it as a point of order and asked the Chairman to rule. The attorney said his legal opinion was that another vote would not be necessary as it did not matter that Alternate #1 voted and the board has a potential of creating confusion if there is a different vote on the matter after validating and having a legitimate vote in the first place. Mr Bentley said, the potential for confusion actually exists now because the Board is trying to resolve a matter which isn't fair of the conduct of the board and have invited outside parties together into that decision. Mr. Bentley said, the Board is competent to decide upon the rules it wants to conduct its affairs under. Mr. Bentley further stated the board has heard the advise of the attorney and the fact that is of no consequence. Mr. Bentley said, the Board in the past conducted it's oath and should continue to do so by differing or deviating from previous presidency the board is in fact confusing the vote and the validity of that vote needs to return to the procedure the board has traditionally used and insure the validity of the vote is hereby affirmed. P" Board of Adjustment Meeting page 4 July 28, 1994 Agenda Item #5 continued. A motion was made, it is the point of order that it is to established presidency of the Board that the Senior Alternate be called first in the roll call vote prior to the Junior Alternate and as such and even though not official rule it is none the less the rule of action by precedence should be continued hence forth. W Motion: Bentley Second: Minder Ayes: Sorenson, Moore, Minder, Reynolds, Bentley, Joyce Nays: None Vote: 5-0 to approve A revote on Case #205 W Motion: Bentley Second: Sorenson Ayes: Sorenson, Minder, Reynolds, Bentley, Joyce 4. Nays: None rr+ Vote: 5-0 to approve Agenda Item #6 ZBA Case #206, Special Exception Use Permit. Case #206, Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for one portable building to be used for additional classroom space for Carol Elementary School. The location is 1705 West Continental Blvd., being located Southwest of the intersection of South Peytonville Avenue and West Continental Blvd. and being legally described as approximately 25.175 acres situated in the Samuel H. Thompson Survey, Abstract No. 1504. it The owner/applicant is Carroll Independent School District. A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy stated the current Zoning is "CS" Community Service and there were seventeen (17) letters sent to property owners within 200 feet and there were three (3) response (1 in favor and 2 opposed to the request). Public Hearing. Rick Martin, NCARB, Manager, James C. Lancaster & Associates, Inc. requesting a Special Exception Use Permit for a premanufactured building with a State approved Seal to be used for additional classroom space. Mr. Martin requested the deletion of permanent foundation, masonry facade and hard surface parking associated with the building. Mr. Board of Adjustment Meeting page 5 July 28, 1994 Agenda Item #6 continued. Martin stated the Carroll ISD has a lease agreement for one year beginning August, 1994 and the building will be replaced with a permanent structure. Vicky Johnson, 1208 Timber Court, concern were why have these buildings been on site for two weeks, the plumbing and fire safety with only one door. There was no other person wishing to speak either in favor or in opposition of the request. Public Hearing Closed. A Motion to grant a special Exception ZBA Case #206. 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 1705 West Continental Avenue, Southwest of the intersection of West Continental Blvd. and South Peytonville Ave.; Southlake, Texas and being legally described as approximately 25.175 r acres situated in the Samuel H. Thompson Survey Abstract No. 1504; Such SPECIAL EXCEPTION to be granted as follows: A. Pursuant to the Zoning Ordinance, Sections 44.12 (7); and B. Thereby permitting the following: a portable building for classroom space for the Carroll Independent School District for a period of time which shall expire on September 1, 1995; an essentially in accordance with the plot plan submitted by applicant; and furthermore the requirements of Section 44.12 (7) regarding a permanent foundation, masonry facade, hard surfaced parking, are unnecessary since the requested period of time is short, being approximately thirteen months, would constitute an unnecessary hardship and are not necessary for the protection of the health, safety, and welfare of the public; and the requirement for a transition plan is not applicable, since this building is not intended to be transaudient to permanent structure; and such above mentioned requirements are hereby waived; and 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 + ^y One Concept plan, or Plot plan Board of Adjustment Meeting page 6 July 28, 1994 Agenda Item #6 continued. Motion: Bentley Second: Minder Ayes: Sorenson, Minder, Reynolds, Bentley, Joyce Nays: None it Vote: 5-0 to approve Agenda Item #7 ZBA Case #207. Special Exception Use Permit. iii Case #207, Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for two portable buildings to be used for additional classroom space for Johnson Elementary School. The location is 1301 North Carroll Avenue, being located Northeast of the intersection of North Carroll Avenue and East Highland Street and being legally described as approximately 15.6 acres situated in the Frances Troop Survey, Abstract No. 1511. The owner/applicant is Carroll Independent School District. A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy stated the current Zoning is "CS" Community Service and there were twenty two (22) letters sent to property owners within 200 feet and there were two (2) response (1 not opposed and 1 40, opposed to the request). Public Hearing. Rick Martin, NCARB, Manager, James C. Lancaster & Associates, Inc. requesting a Special Exception Use Permit for a premanufactured building with a State approved Seal to be used for additional classroom space. A request for the deletion of permanent foundation, masonry facade and hard surface parking associated with the building. Mr. Martin stated the O* Carroll ISD has a lease agreement for one year beginning August, 1994. The building will be replaced with a permanent structure. There was no other person wishing to speak either in favor or in opposition of the request. Public Hearing Closed. A Motion to grant a special Exception ZBA Case #207. 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 1301 North Carroll Avenue, being located Northeast of the intersection of East Highland Street and North Carroll Ave., Southlake, Texas and being legally described as approximately 15.6 acres situated in the Francis Troop Survey, Abstract No. 1511; I~r Board of Adjustment Meeting page 7 July 28, 1994 ~i Agenda Item #7 continued. Such SPECIAL EXCEPTION to be granted as follows: A. Pursuant to the Zoning Ordinance, Sections 44.12 (7); and B. Thereby permitting the following: portable buildings for classroom space for the Carroll Independent School District for a period of time which shall expire on September 1, 1995; an essentially in accordance with the plot plan submitted by i applicant; and furthermore the requirements of Section 44.12 (7) regarding a permanent foundation, masonry facade, hard surfaced parking, are unnecessary since the requested period of time is short, being approximately thirteen months, would constitute an unnecessary hardship and are not necessary for the protection of the health, safety, and welfare of the public; and the requirement for a transition plan is not applicable, since these buildings are not intended to be transaudient to permanent structure; and such above mentioned requirements are hereby waived; and C. Furthermore, the following conditions and/or restrictions are hereby imposed to ensure continued harmony with the general purpose and intent of the zoning ordinance, and so that there will not be any resulting injury nor detrimental effect to the public welfare: W That portable building #1, as depicted on the plot plan shall be located not closer than ten feet to the existing building shown, and such other spaces between buildings shall be as depicted; and D. 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: Sorenson Ayes: Sorenson, Minder, Reynolds, Bentley, Joyce Nays: None Vote: 5-0 to approve to Agenda Item #8 ZBA Case #208, Variance. *A Case #208, a variance to Ordinance No. 480, Sections 15 and 14.5 (b) which requires a minimum front yard setback of thirty-five feet (35') for structures constructed on property zoned "SF-20B" Single Family Residential. The location is 3021 Flamingo Circle, being legally described as Lot 16, Block 1, Dove Estates. The owner/applicant is Charles Philip %moi Stratton. rr Board of Adjustment Meeting page 8 July 28, 1994 Agenda Item # 8 continued. it A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy stated there were twenty four (24) letters sent to property owners within 200 feet and there were two (2) response (1 in favor and 1 in opposition to the request). Public Hearing. Bob Bronstad, Realtor for Remax / Lone Star, stated the title survey revealed an encroachment and the mortgage company refused the loan. A variance to the front yard a setback is requested. He further stated that a Variance was granted by the Southlake Board of Adjustment in 1986 for the 3.7' front building line encroachment. t There was no other person wishing to speak either in favor or in opposition of the request. Public Hearing Closed. The finding were stated by Mr. Bentley. Moll ZBA case number 208 Whereas, The Board of Adjustment of the City of Southlake, Texas, having received the application and heard the petition of the Applicant in the above captioned case, and after careful consideration of the facts presented in public hearing, acting under authority of the Zoning Ordinance of the City of Southlake and the laws of the State of Texas, hereby makes determination and findings regarding said case; and Whereas, The Board makes the following findings: q! (1) That special conditions and circumstances exist which are peculiar to the land, structure or building involved which are not applicable to other lands, structures or buildings in the same district; and (2) That these special conditions and circumstances do not result from the actions of the Applicant; and (3) Granting a variance will not confer upon the Applicant any special privilege that is denied by the Ordinance to other lands, structures or buildings in the same district; and (4) The requirements of the Ordinance regarding a variance have been met by the Applicant, and the reasons set forth by the Applicant justify the granting of the variance and that the variance is the minimum variance that r+' will make possible the reasonable use of the land, building or structures; and P" rr PM Board of Adjustment Meeting page 9 y+' July 28, 1994 PM 6 Agenda Item #8 continued. (5) Granting a variance will be in harmony with the general purpose and intent of the Ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and Whereas, the Board finds the evidence presented demonstrates that a literal enforcement of the terms of the Ordinance on the property in question would impose an unnecessary hardship; and A Motion to Grant a Variance ZBA Case #208. Whereas, the Board determines all of the above finds to be true in regards to the subject property, now therefore, The Board hereby grants a variance to the literal terms of the Zoning Ordinance specifically Sections 15 and 14.5 (b) as it relates to the property located at 3201 Flamingo Circle and being legally described as Lot 16, Block 1, Dove Estates , Vow, And furthermore, the terms of the ordinance are varied only to the extent necessary to permit the following: A front yard setback of not less than that distance necessary to alleviate the encroachment condition which has resulted by adoption of Ordinance #48, as amended; And furthermore, the variance is granted, and shall be enforced, constructed, operated, maintained and/or otherwise implemented with reference to the following ATTACHMENTS, *R which are hereby incorporated into this decision: (1) Concept plan, or Plot plan Motion: Bentley Second: Minder Ayes: Sorenson, Minder, Reynolds, Bentley, Minder Nays: None Vote: 5-0 to approve 10:45 P. M. The Zoning Board of Adjustments adjourned for executive session pursuant to Chapter 551 of the Texas Government Code, Section 551.071, of the Open Meetings Act, to seek the advice of the City Attorney ! 11:45 P. M. Regular meeting reconvened. Board of Adjustment Meeting page 10 July 28, 1994 Agenda Item #9 ZBA Case #204. Appeal of the Administrative Official's Opinion. Case #204, Appeal of the Administrative Official's opinion, that it is the responsibility of the Building Official to issue building permits within the City of Southlake and that no zoning violation occurred in the issuance of the building permit for a structure located at 175 Westwood Drive being legally described as Block 1, Lot 25R-2, Woodland Heights Addition. Appellant: George M. Barclay, owner of the adjacent property at 205 Westwood Drive, being legally described as Lot 24, Block 1, Woodland Heights Addition. A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy stated that twelve (12) letters were sent to property owners within 200 feet and there were two 2 written response opposed to the Appeal. Public Hearing. Jim Morris, Attorney, was present to represent George M. Barclay, Appellant. Mr. Morris presented to the Board Members a copy of Brief and Evidence of George Barclay in support of Appeal of issuance of Permit No. P94-00133437. , 1, His concern was Paul Ward, Building Official, issued the permit for 175 Westwood Drive and according to the City of Southlake Zoning Ordinance No. 480 it was Ms Gandy's duties as Administrative Official, to make the decision of issuing a building permit. Mr. Morris made reference to information retained in Tab 1 thru Tab 18 from the Brief and Evidence presented to the Board. Mr. Morris stated that Ms. Gandy was identified early on as the Administrative Official who was appointed by Curtis Hawk, City Manager. Mr. Morris further stated the Administrative Official did nothing in issuance of the permit and that is a violation of the Ordinance. ki Don Light, 200 Westwood, said, he believes the completion of the building at 175 Westwood would drastically effect the resale value of his home. Mr. Light further believes the building should comply with the sub-division and a flat roof does not fit in the residential office areas. !M Elaine Light, 200 Westwood, said she has always had the utmost confidence in the City of Southlake and now the view from her bedroom window and the view of the steel roof depresses her and has made her lose faith in the City of Southlake. Jerry Adcock, 204 Westwood, said he was in favor of the Appeal and that attempts had been made by a number of the residence to negotiate with the builder. Mr. Adcock stated it is obvious that the building is not acceptable. ~Ilr~r° P" Board of Adjustment Meeting page 11 i July 28, 1994 Agenda Item #9 continued. 1W i Dave Morgan, 210 Westwood, said he had no problem with an office building being built only the appearance. i Corrine Tuttle, 219 Eastwood, said she was in support of George Barclay, that the building is not compatible with the neighborhood. + Nolan Clements Jr., 219 Westwood, said he would like to lend his support to Mr. Barclay, this flat roof will only take precedence to what ever takes place to the adjacent plan. C. E. Dorris, 213 Eastwood, said he is in support of George Barclay and there had been an attempt to meet and reach an understanding with the builder and there have been a lot of errors made and he hopes it can be corrected.. Mike Schroetke, 211 Eastwood, said he moved into his residence at 211 Eastwood in October of 1993 and he is opposed to the office building as it is constructed. Bill Dahlstrom, Attorney, representing Craig Willan, owner, of the Office Building under construction and in question at 175 Westwood. The case before us today is not to whether the building is in conformity or not in conformity; it is only the Appeal of the Administrative Official's opinion that it is the responsibility of the Building Official to issue building permits within the City of Southlake other issues are not in this consideration. Mt. Dahlstrom further stated there has been no evidence placed on this record states Ms. Gandy's interpretation is in error or unreasonable. ~r Craig Willan, 1376 Lakeview Dr. Southlake is the owner of building in question. Mr. Willan PR said his building was designed of internal steel and to be covered with 100% brick masonry and designed in this manner for several reasons (sound engineering reasons of energy efficiency, security, fire resistance, and structural issues). Mr. Willan further stated there are 32 homes in the Woodland Heights Subdivision and there are 9 gable roof structures and 1 flat roof at 212 Westwood. Mr. Welhelm presented a picture of the flat roof structure at 212 Westwood Dr. He also said, he had shot elevation w throughout the sub-division and had stood on the dumpster at the office building across the street and next door to the Light residence and was unable to see the existing roof of his building across the street. He said, delivery of the building was made on site before he knew the flat roof was a problem and he would have had to return the building for added expense and reconstruction. n Board of Adjustment Meeting page 12 July 28, 1994 Agenda Item #9 continued. There was no other person wishing to speak either in favor or in opposition of the request. Public Hearing Closed. There was a lengthy discussion by the board. iW A motion was made to grant the Appeal. NO Regarding: Administrative Review ad Appeal P" ZBA case number 204 Whereas, The Board of Adjustment of the City of Southlake, Texas, having received the appeal and heard the petition of the Appellant in the above captioned case, and after careful consideration of the facts presented in public hearing, acting under authority of the . Zoning Ordinance of the City of Southlake and the laws of the State of Texas, hereby makes r+' determination and findings regarding said case, and hereby directs such action to be taken, as may be hereinafter set forth: Ordinance 480, as amended, was not fully complied with in the issuance of the Building Permit in the subject case, and the Building permit was issued improperly and is not valid. Motion: Bentley Second: Sorenson Ayes: Sorenson, Minder, Reynolds, Bentley Nays: Joyce Vote: 4-1 to grant the Appeal Agenda Item #10 Consider: Adoption of Board of Adjustment Procedures and Forms. A discussion was held by the Board with no adoption. Ir Agenda Item #11 Meeting Adjourned. r. With no objections the Chair deemed the meeting adjourned. r Meeting Adjourned 1:45 A. M. July 29, 1994. r~ rr✓ Board of Adjustment Meeting page 13 July 28, 1994 Agenda Item #9 continued. red Joy e, air Z5 in Tyson ended the meeting and prepared the minutes ATTEST; Sandra L. LeGrand City Secretary we i~. BOARD OF ADJUSTMENT MEETING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING Z:x DATE NAME ADDRESS PHONE AGENDA ITEM v c J µ5o ~ t 7.0I~8 'T f( F..,Q ~ q ~ 'bD ,Q~iV l~-C~ GIG/IIAx ~'atJ6~ 'Z) IRf~ cl~ ~j ~14ti M 6 F r, S G~•tLL 2~ ~ q L." Z((1 1,J~s-fwp6d z 1 °C W E5 Ilk) © S rr r i xi..., A MOTION to GRANT a SPECIAL EXCEPTION 1 Re ZBA case number N5 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 ~ Jv~ Gt~ le-v5ee' 2 ~.U l......N ~.s in Southlake, Texas, and being legally described as A)4vlA 6v -6`11 ~aS~• ~,~J~, ►~X ~ "~`d c/ ~ 3 ? ~r r ~c e i r ~ x vr~J ~ ~ . 3 .....!.2.....:.... ..~1~:..F-.~s..~u, ~46s _ j Such SPECIAL EXCEPTION to be granted as follows: Ldog 4 A. Pursuant to the zoning ordinance, Section(s) ..7..~.°. ~ 5 nd 6 B. Thereby permitting the following: 4.....T.(~....--..-.........~.~:.:.~ ..:1 :4► ..:TP. Y' 7 ......5.p.:~L. .....XU.':....... .~.`.........t.~rC~.~ ..t...:C~. Cl.:.......1.:.~..... ar/ 8 ..S......l.U....... Vx.te Y....... 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Y.-L......KJ.... ...t....` 60 6 7 6 8 9 10 11 12 13 W4 15 W 16 17 18 19 20 21 w. 22 23 24 and 25 Page _ U of _ Re ZBA case number 2 Finally, the i~ / :PPECIAL EXCEPTION is y, permitted, and shall be enforced, constructed, operated, maintained an 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 7 8 ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS w" 9 THIS THE _ DAY OF U L , 199 10 16 00 Q7t- Se tart' to the Boar i 11 airman w~ ATTEST: 12 Secretary 13 Page of t11 • -rwr.~.rw++irrrw~..~.+..r.r~Iriwm.~lirini~llrnr~ll~wrrrrr~~111M~ar .mrr~r - l A MOTION to GRANT a SPECIAL EXCEPTION 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 iW 2 .Jv.:...~:1~Y':l~✓lit:.:r"T.J.... ':...~?P. .w .R:...l:~i.~^. G:►.!~:!'~ Q~ LV. in Southlake, Texas, and being legally described as NvA S1vA N16, 1-e Av,, 3 ......5i. V..V.&n.......~+:~1Wo ..~.p^?.... L.U A4 :...n!P..~..SG'/... ; Such SPECIAL EXCEPTION to be granted as follows: 4 A. Pursuant to the zoning ordinance, Section(s) ...Z..J.l.. 2 5 and 6 B. Thereby permitting the following: ^..........:1:! 1::.. 7 l~s 5 9 . oq.... .......4 .'.;.....'c`r? 10 ...IL...~:.~i?.~.~l~~At~...~+~4r:r::.:~1~~... 1.2 12 p.A K.......l.VY:k::.:S..YYi: n r ►1 X r ~a I 13 S: q i4 .....1.~...1:qk..:,~ ..~':...~~r:.. 14 ...Ai. .....~.::~1.~C:1.~.. ...~f.~P. '~4':...A. 1-rt . 15 ~a:........ ':V' .J': 5.''.~.{0 ....i:::.. . 16 t~r,...f+o..... Y.\44ox. ...oA~u ..-.L....f:?.ev. .1sr:..4. L. 17 .....lT:..... r1k4~ 1'.~..°...C#Sv ~ 18 1:1.1 ..:A.' ::t. ..4 h....J.....~ 19 Page ONE of w~ Iwo .~,-w! Re ZBA case number *Aloe IM 2 fL. Y.z....Y.....:~t<.r:c;....:.....Z....Srl~S: dv+e 3 4 .l/.Y~.~!'~d~~:.......[ r. .y.1c:Zt:r.... .....1.~`.......Y~.F::iX.3. .....fs.~~1.2.~1. 5 6 7 1~I 8 err 9 10 11 12 im r■ 14 15 16 17 tr~r 18 19 OR 20 6 21 "A 22 23 24 and 25 Page ! of fo low- 1 Re ZBA case number 06 %00' 2 L/ Finally, the / SPECIAL EXCEPTION is permitted, and shall be enforced, constructed, operated, maintained an 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 a 6 0" 09 7 8 • ADOPTED BY THE OARD OF ADJUSTMENT OF THE CITY OF SOUT AKE, TEXAS 9 THIS THE - DAY OF L , 190-yi 10 VSretary tot oard 11 airma ATTEST: 12 City Secretary 13 Page 7T711~4~, of aw - - s A MOTION to GRANT a SPECIAL EXCEPTION R" 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 OR INANCE as it relates to tjie property located at 4-4- in Southlake, Texas, and being legally described as /ULt .....5.Y.. ! U.J....A. AITR... ....N..p..... i...... 3 Such SPECIAL EXCEPTION to be granted as follows: 4 A. . Pursuant to the zoning ordinance, Section(s) ..-.1..~' i 2...~: ~..1........ 5 J..L..._.1W~IJ~..~M.1Aa~.NU.•..~.wr~~ ~~.sr~m.,vstri~:~R .ili •.~ii• • ~ITQ' 6 B. Thereby permitting the following: PR 7 ;0.. 8 :n. ....u: 'jl' ...f ~ll 1- ~~11 N.:.... ,W 10 ~ .4L... . !?~An...S. :e .:.K. !ter d~~`. 13 ~r1&11.! 11 4.4 45 r y :Wz/ ~7::?k 14 1A...:r:.:`:~ ....I.s.....~.":~1.~: :::3...~t. C ~:'.^::1.~ '.}~...l.~n.►l:.T Ya..N S} )E. lF?...rl.,..~~5,. 16 rl...i.,z.....D4 4.4. fi.L.v . 17 .Z.....lT~.../.T....::4 18 41.~' ly.. 1:5 1 and- 19 Page ONE of _ w Irl - w W 4W 7 A MOTION to GRANT a SPECIAL EXCEPTION 1 Re ZBA case number a7 . 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 INANCE as it relates tote propert located at to the terms ojf~ the ZONING OR y 13 D I l ~vr 44, Cov' ~-r- A r vWe-) b e ~3 i D cA4 ✓l ar+4,e-A-r o(- 2 in Southlake,, Texas, and being legally described as dL ~ (~rD X ~ Vn1~ IGt 5/ r S • L ? G r ~5 ~ ~'~u.~ T r.,Q i n -ice . . Such SPECIAL EXCEPTION to be granted as follows: 4 A. Pursuant to the zoning ordinance, Section(s) ..:.1....°....~r:.}.1........ 5 . and 6 B. Thereby permitting the following: 1 • 8 9 • 10 11 12 13 14 15 16 17 18 : and 19 Page ONE of ~V W. +w _ Re ZBA j case number 2 3 4 5 6 7 8 9 10 11 12 i 13 ZZ 15 16 17 18 19 20 21 22 W 23 24 and 25 Page -Two of C/ 1 Re ZBA case number 2 _CZ . Furthermore, the following conditions, and / or restrictions are hereby imposed to ensure continued harmony with the general purpose and intent of the zoning ordinance, and so that there will not be any resulting injury nor detrimental effect to the public welfare 4C :...Y..::..Y...f~......:i:.:.:.:..~. ~ 4 ......Q.'':L.......~.V..:.... ~.d:!::.....~~.:: .1 d......... ......4ll.l<.f Y.t....1...... 5 .......ch.......... 1. r".......1.L: ice:.:..... 1.~...".!`.u.....~r..XA."'.'J.~ 6 `..::41.W..Y.\.~.....~ mtX.....5~....,~.~".hu►~..... j...G..(.Z.5.......... ~ f ................LL.:. r Irl 7 ry ~R :1... .41( .7r......1 ~c : . e 8 9 10 p 11 .uus................................................. 2 12 13 !w 14 15 ~r 16 17 18 i 19 20 21 • 1............................• 96 22 ,and 23 Page__ of ~l'v Re ZBA case number %Noe IAA 2 Finally, the / SPECIAL EXCEPTION is permitted, and shall be enforced, constructed, operated, m~ taane an 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 7 8 \ ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, T 9 THIS THE _ DAY OF 199 10 S retary tot Board 11 * C airman ATTEST: 12 City Secretary 40 di 13 Page of s DECISION of the BOARD of ADJUSTMENT of the City of Southlake, Texas Regarding ZBA case number Date filed: E` 04 i REGARDING: VARIANCE ZBA case number C 0 *I Whereas, The Board of Adjustment of the City of Southlake, Texas, having received the application and heard the petition of the Applicant(s) in the above captioned case, and after careful consideration of the facts presented in public hearing, acting under authority of the Zoning Ordinance of the City of Southlake. and the laws of the State of Texas, hereby makes determination and findings regarding said case; and 4" Whereas, The Board makes the following findings: (1) That special conditions and circumstances exist which are +*e peculiar to the land, structure(s) or building(s) involved which are not +o applicable to other lands, structures or buildings in the same district; and (2) That these special conditions and circumstances do not result from the actions of the Applicant(s); and (3) Granting a variance will not confer upon the Applicant(s) any ' special privilege that is denied by the Ordinance to other lands, structures or buildings in the same district; and (4) The requirements of the Ordinance regarding a variance have been met by the Applicant(s), and the reasons set forth by the Applicant(s) justify the granting of the variance and that the variance is the minimum ft variance that will make possible the reasonable use of the land, building or structure; and f„ (5) Granting a variance will be in harmony with the general purpose and intent of the Ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and Whereas, the Board finds the evidence presented demonstrates that a literal enforcement of the terms of the Ordinance on the property in question would impose an unnecessary hardship; and M Page ONE of ~CIZ- am -OWN, ~Irr' ~I~ I A ~.rl Y1 I~Yar1 1 REGARDING: VARIANCE ZBA case number ~ 2 L9, Whereas, The Board determines all of the above findings to be true in regards to the subject property, now therefore, The Board hereby grants a variance to the literal terms of the Zoning 1 Ordinance, specifically Section(s) 2 3 as it relates to the property located at 3 ~......C...,. .I ...e... G 4 5 and being legally described as Lk.:........~ -S 6 And furthermore, the terms of the Ordinance are varied only to the extent necessary to permit the following: l -ice r ~J ~t T G v'~ n oT 5 ~-Q~ v1 7 ...11........5. J s 5 ....`.G:.....J!1.~.C..~(1~..........Ix. ~......4........ 9 .11 1.'?!1 .I......~ P.:.l...L21:\.....I .5...... cX-.5. .`t .....Y,~ L 10 ......C7.1..........,~...`~ ~.:n.l~t~:1 .....1T... ~ .YJ.... 5.....~N.:..... A . y 11 12 w, 13 14 15 And furthermore, the variance is granted, and shall be enforced, constructed, operated, maintained and/or otherwise implemented with reference to the following ATTACHMENTS, which are hereby incorporated into this decision: 16 (1) Concept plan or Plot plan; 17 w~ y,,r Page of OR AOft ZBA case number DECISION of the BOARD of ADJUSTMENT of the CITY of SOUTHLAKE, TEXAS: On the question in the above captioned case, The vote being "AYES" and "NAYS," and four "AYES" be' required for the question to- therefore, the question is do CARRIED / -EOST - •M By my hand I hereby attest to the above decision and action of the Board. i DATED: residin of r ill By my hand I hereby attest to the filing of this decision and document in the office of the Board. wr , DATED: Re ding Secretary frr Page of 4" Iw1 Mrw r inralMlllulYluli~q~r~ ~~rr ~ t DECISION of the BOARD of ADJUSTMENT .r of the City of Southlake, Texas Regarding ZBA case number U • a~ Date filed: 9 REGARDING: ADMINISTRATIVE REVIEW AND APPEAL ZBA case number 0 Whereas, The Board of Adjustment of the City of Southlake, Texas, having received the appeal and heard the petition of the Appellant(s) in the above captioned case, and after careful consideration of the facts presented in public hearing, acting under authority of the Zoning Ordinance of the City of Southlake and the laws of the State of Texas, hereby makes determination and findings regarding said case, and hereby directs such action to be taken, as may be hereinafter set forth: n 1 ........0.1r:.:. .A!".~.......y. n}... ...l::'.~.~..... AP . 2 :~.1~(.I.~........C,~*'Y' ? ~.1.4 S 4 I~S~~. G ....~........:y !`:t.... ++t o T.....[✓!....J.t` 3 ~ 4A,$Xf. ....4.1 A 4 e: .rh..~. 1... ..~k. m.r. 4/. :s...... iAl.! ;!n4 , ~YN ..ru? ...rn Y 5 l1S........ i .k I.lQ....... . .t 6 di 7 'rrr~8 9 10 11 Wr 12 13 .r 14 15 4P 16 Page ONE of `TW di a• do "a ov w. ZBA case number oZ DECISION of the BOARD of ADJUSTMENT of the CITY of SOUTHLAKE, TEXAS: On the question in the above captioned case, The vote being "AYES" and "NAYS," and four "AYES" being required for the question to carry; therefore, the question is di CARRIED / ,AST By my hand I hereby attest to the above decision and action of the Board. DATED: esidin icer err By my hand I hereby attest to the filing of this decision and document in the office of the Board. ow DATED: Reco "ng Secretary W AOM• ~wv Page of mo id