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1994-10-13 CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING October 13, 1994 7:00 P.M. MEMBERS PRESENT: Fred Joyce, Chairman; Lloyd Latta, Vice Chairman; Loyd Eubanks, John Moore, Alternate #1; Arthur Sorenson, Alternate #2. MEMBERS ABSENT: William Towler, Dennis Minder. STAFF PRESENT: Karen Gandy, Zoning Administrator; Jean Bryson, Secretary. Agenda Item #2 Approval of the Minutes. With no objections the Chair deemed the approval of the Minutes of the September 29, 1994, Regular Board Meeting be continued to the next meeting, October 27, 1994. Agenda Item #3 Administrative Comments. The oath of office was administered Loyd Eubanks, who was appointed to complete the term of Karen Reynolds. Karen Gandy, Zoning Administrator, reported at 3 PM on October 19, 1994 a Work Shop on Procedures for Board of Adjustment will be held. Agenda Item #4 ZBA Case #212, Request for a Variance. ZBA Case #212 a request for a Variance to Ordinance 480, Section 33.14 which requires a minimum of one acre for the use of an on-remise septic tank and subsurface drainage field. The location is 555 North Peytonville Avenue and being legally described as approximately 0.86 acres situated in the A. A. Freeman Survey, Abstract No. 522, Tract 2A1B. The Owner/Applicant is Jode Wilson. Karen Gandy, Zoning Administrator, said there were twelve (12) letters sent to property owners within 200 feet and there were five (5) written response in opposition to the request. Ms. Gandy presented to the Board Members a letter from the City Engineer. Public Hearing. * Jode Wilson, was present and said, she had spoke with Mr. Sullivan, owner of the adjoining property, about sewer easement to her property. Ms. Wilson, further said, although sewer is south of her property in Southridge Lakes the topography and lack of off-site easements precludes the connection of sewer and she is willing to do what is necessary to build on her property. i~ 111 Board of Adjustment Meeting page 2 October 13, 1994 Agenda Item #4 continued. WR Richard Morgan, 402 Donley Court, was present and expressed concern the trees would be destroyed if a sewer line was installed behind his property. Mr. Morgan provided the Board with pictures of the trees he feels will be destroyed and also expressed his objections to a septic system. Sean Brennan, 403 Donley Court, expressed his objections to a septic system and concern for the Oak Trees and the damage to the trees if the sewer line were to go through Mr. Sullivan's property. Mr. Brennan further said he believes that Donley Court is higher than Ms. Wilson property. Tom Chapman, 402 Valverde Court, objections were the hill terraced and large Oak Trees on his property that would be destroyed if the sewer line was installed through his property. He believes that the only way and with less destruction is to access the sewer through Myers Meadow from Peytonville. Mr. Chapman was also concerned with a septic system. There was no other person wishing to speak either in favor or in opposition to the request. Iwo, . wo,. Public Hearing Closed. After a lengthy discussion on the Soil Test Report and the access to sewer, a motion was made to grant a Variance to Ordinance 480 Section 33:14 as requested. Motion: Sorenson Second: Eubanks Ayes: None Nays: Sorenson, Moore, Eubanks, Latta, Joyce Vote: 0 - 5 to deny Agenda Item #5 ZBA Case #215 a request for a Special Exception Use Permit. ZBA Case #215 a request for a Special Exception Use Permit per Ordinance No. 480, Section 44.12 (4) for an accessory building located in the front yard in the "SF-1A" Single Family-1A Residential District to allow a 12 ft. gazebo. The location is 1125 S. White Chapel Blvd., legally described as being Tract 5R1 of the Glory Place Addition, being approximately 11.1668 acres East of South White Chapel Blvd. and North of East Continental Blvd. The owner/applicant is Gary Hargett. Karen Gandy, Zoning Administrator, said there were fourteen (14) letters sent to property owners within 200 feet and there was one (1) written response in opposition to the request. Ms. Gandy presented to the Board a copy of the letter from Mr. Ralph V. Williams. w Board of Adjustment Meeting page 3 October 13, 1994 Agenda Item #5 continued. Public Hearing. Gary Hargett, owner/applicant was present and ask for permission to build a Gazebo in front of his home that he believes will enhance the area. There was no other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed. A motion was made to grant ZBA Case #215 a Special Exception Use Permit per Ordinance No. 480, Section 44.12 (4) for an accessory building located in the front yard as requested. Motion: Sorenson Second: Moore Ayes: Sorenson, Moore, Eubanks, Latta, Joyce Nays: None N *00~ Vote: 5-0 to grant Agenda Item #6 ZBA Case #216, Request for a Special Exception Use Permit. ZBA Case #216 a request for a Special Exception Use Permit per Ordinance No. 480, Section 44.12 (3) for the construction of an accessory building of size greater than the permitted 1000 sq. ft. in the SF-IA" Single Family-lA Residential District to allow a barn not exceeding 3,420 sq. ft. (45' x 76'). The location is 1125 S. White Chapel Blvd., legally described as being Tract 5R1 of the Glory Place Addition, being approximately 11.1668 acres East of South White Chapel Blvd. and North of East Continental Blvd. The owner/applicant is Gary Hargett. Karen Gandy, Zoning Administrator, said there were fourteen (14) letters sent to property owners within 200 feet and there was one (1) written response in opposition to the request. Ms. Gandy presented to the Board a copy of the letter from Mr. Ralph V. Williams. Public Hearing. iW Gary Hargett, owner applicant was present and presented to the board a drawing, he stated the home has 4892 sq. ft. living area and a total of 7268 sq. ft. under roof. Mr. Hargett ask for permission to build the barn that has been designed to compliment and blend with the home under construction. Board of Adjustment Meeting page 4 October 13, 1994 Agenda Item #6 continued. There was no other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed. A motion was made to grant ZBA Case #216 a Special Exception Use Permit per Ordinance No. 480, Section 44.12 (3) for an accessory greater than 1000 sq. ft. as requested. IR Motion: Sorenson Second: Moore Ayes: Sorenson, Moore, Eubanks, Latta, Joyce ` Nays: None di Vote: 5-0 to grant w Agenda Item #7 ZBA Case #217, Request for a variance. 00., ZBA Case #217 a request for a variance to ordinance No. 480, Section 11.5 (a) which *00 permits a maximum building height of up to, but not exceeding thirty-five feet (35') and 2 1/2 stories on property zoned "SF-IA" Single Family Residential. The applicant requests a three (3) story high building on property located at 520 Brooks Court, approximately 1.08 acres, legally described as Lot 15, Block 1, Oakwood Estates. The owner/applicants are Todd and Debbie Clark. 0, Karen Gandy, Zoning Administrator, said there were three (3) letters sent to property owners within 200 feet and there was no response. 40 ilk Public Hearing. Todd Clark, owner/applicant was present and requesting a variance. Mr. Clark stated the third level loft at the rear of the home will not be built with dormers, but will be a full story high before the roof starts and the unique conditions of the property is the grade drops four feet (4') from the street, and the trees. Mr. Clark further stated, the property surrounding his lot are much higher. Mr. Clark said he has no objection to sprinkling the home and the Fire Marshall did not object to his plans. John Brooks, Architect, stated the street level is seven feet (7') higher than the first floor and ill talking with the neighbors there was no negative response. Board of Adjustment Meeting page 5 AWN October 13, 1994 Agenda Item #7 continued. There was no other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed. The board stated that the finding were met according to the Ordinance and a motion was made to grant ZBA Case # 217 a variance as requested. w Motion: Joyce Second: Sorenson Ayes: Sorenson, Moore, Eubanks, Latta, Joyce Nays: None Vote: 5-0 to grant Agenda Item #8 ZBA Case # 218 Request for a variance. ZBA Case #218 a request for a variance to Ordinance No. 480, Section 10.5 (g) which ,r requires a minimum lot width of three hundred feet (300') for property zoned "RE" Residential Estate. The applicant request a sixty foot (60') front lot width. The location is 700 S. White Chapel Blvd., approximately 6.794 acres legally described as H. Granberry Survey, Abstract No. 581, Tracts 1D, 1D1 and 1E. The owner/applicant is Mark L. Struhs. Karen Gandy, Zoning Administrator, said there were three (14) letters sent to property owners within 200 feet and there was no response. Public Hearing. Mark L. Struhs, owner/applicant was present and said the property was submitted in 1988 OR with a sixty foot (60') frontage and approved by P & Z and Council as single family property and since that time a minimum requirement of 300 feet was installed. Mr. Struhs further stated the property will have the same use as was previously approved only the zoning will change. There was no other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed. ~r ■i Board of Adjustment Meeting page 6 October 13, 1994 Agenda Item #8 continued. The board stated that the finding were met according to the Ordinance and a motion was made to grant ZBA Case # 218 a variance as requested. Motion: Sorenson Second: Latta Ayes: Sorenson, Moore, Eubanks, Latta, Joyce Nays: None Vote: 5-0 to grant Agenda Item #9 ZBA Case # 219 Request for a variance. r ZBA Case #219 a request for a variance to the maximum height requirement of fourteen feet " (14') for accessory structures per Ordinance No. 480, Section 34.2 (c). The application request the proposed barn height not exceed nineteen feet (19'). The location is 1125 S. White Chapel Blvd., legally described as being Tract 5R1 of the Glory Place Addition, being approximately 11.1668 acres East of South White Chapel Blvd. and North of East Continental Blvd. The owner/applicant is Gary Hargett. Karen Gandy, Zoning Administrator, said there were fourteen (14) letters sent to property owners within 200 feet and there was one (1) written response in opposition to the request. Ms. Gandy presented to the Board a copy of the letter from Mr. Ralph V. Williams. +w Public Hearing. on Gary Hargett, owner applicant was present and ask for permission to build the barn with a height no greater than nineteen feet (19') that will blend with his home that is now under construction. There was no other person wishing to speak either in favor or in opposition to the request. w., Public Hearing Closed. The board stated that the finding were met according to the Ordinance and a motion was made to grant ZBA Case # 219 a variance as requested. Ali Board of Adjustment Meeting page 7 October 13, 1994 Agenda Item #9 continued. Motion: Joyce Second: Sorenson w Ayes: Sorenson, Moore, Eubanks, Latta, Joyce Nays: None 49 Vote: 5-0 to grant Agenda Item #10 Meeting Adjourned. With no objections the Chair deemed the meeting adjourned. Meeting Adjourned 9:30 P. M. Fred J y , Cha' an an Bryson Attended the meeting and prepared the minutes 4w ~pFSaUTy ATTEST; M M Sandra L. LeGrand City Secretary