1993-01-28
CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
January 28, 1992 7 P M
MEMBERS PRESENT: Fred Joyce, Chairman; Joe Bentley, Vice Chairman;
Robert Downard, Dennis Minder, Karen Reynolds, Sharon Hobbs,
Alternate #1.
MEMBERS ABSENT: William Towler, Alternate #2.
STAFF PRESENT: Karen Gandy, Zoning Administrator and Jean Bryson,
Secretary.
Agenda Item # 2 Approval of the Minutes.
With no opposition a motion was made to approve the Minutes of
January 14, 1993 Regular Meeting.
Motion: Bentley
Second: Minder
Ayes: Downard, Minder, Reynolds, Bentley, Joyce
Nays: None
Vote: 5-0 to approve
woo, Agenda Item # 3 Administrative Comments.
Karen Gandy, Zoning Administrator, reported one (1) case for the
February 11, 1993 meeting and the Work Session with the City
Attorney will be February 22, 1993.
Agenda Item # 4 ZBA CASE #163, Variance
Case # 163, a variance to the front yard setback for property
legally described as 6.3725 acres in the R. D. Price Survey,
Abstract No. 992D, Tract 22. The location is 4285 T. W. King Road.
The owner/applicant is Da1Den Corporation.
A presentation was made by Karen Gandy, Zoning Administrator,
stating that five (5) letters were sent to property owners within
200 feet and to the City of Trophy Club and there has been no
response.
Public Hearing
Barry Hudson, Vice President of Everage Consultants; 2600 South
Freeway, Fort Worth representing the Da1Den Corporation stated that
the Planning and Zoning Commission had approved the request for SP1
Zoning. The rezoning request, lst reading is February 2nd City
Council Meeting. Mr. Hudson further stated that a request for a
postponement would be made to City Council.
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Board of Adjustment Meeting page 2
January 28, 1993
Agenda Item # 4 continued.
Mr. Hudson stated this is an existing Industrial Facility in
continuous operation for thirty (30) years and is located in an
isolated remote area. The request is to allow an orderly expansion
of the facility using the existing metal building, with new fill in
construction of the same building type. The facility was annexed
through an involuntary annexation, so property usage was
"nonconforming". The variance would allow continued use of
property and orderly expansion.
Mr. Hudson said, the expansion to the existing building was not an
encroachment on Bob Jones Road until the City ask for an additional
five (5') foot Right of Way dedication for Bob Jones Road causing
the encroachment into the thirty (30') foot setback and the need
for a request for a variance. The continuous walls of the existing
buildings make a 27.74' setback on T. W. King and 29' setback on
irr Bob Jones Road.
OR Gary Reed, Vice President of Operations of Da1Den Corporation, was
present and said, to reduce the size of the building by one (11)
foot would result into a five (5') foot loss to the building on Bob
w""'1 Jones Road and to reduce the size of the building by three (3')
feet would result into an eighteen (18') foot loss to the building
on T. W. King Road.
There was no other person wishing to speak either in favor or in
fry opposition to the request.
Public Hearing Closed.
After a lengthy discussion a motion was made to table ZBA Case #
163 for the board to make interpretation of the Ordinance.
Motion: Bentley
Second: Reynolds
Ayes: Downard, Minder, Reynolds, Bentley, Joyce
Nays: None
Vote: 5-0
A motion was made Board of Adjustment hereby acts in accordance
with its authority under 44.3 and 44.5 to act in regards to Sections
31.5 and 32.5 hereby decides and communicates to Council that
paragraphs 31.5(c) and 32.5(c) grants full authority to Council to
specify any and all regulations and requirements including all yard
requirements for the SP1 and SP2 Districts.
Motion: Bentley
Second: Downard
W--00d Ayes: Downard, Minder, Reynolds, Bentley, Joyce
Nays: None
Vote: 5-0
A motion was made to take ZBA Case # 163 off the table.
Board of Adjustment Meeting page 3
January 28, 1993
Agenda Item # 4 continued.
Motion: Bentley
Second: Downard
Ayes: Downard, Minder, Reynolds, Bentley, Joyce.
Nays: None
r Vote: 5-0
A motion was made to postpone Case # 163 until March 11th meeting.
Motion: Bentley
Second: Minder
Ayes: Downard, Minder, Reynolds, Bentley, Joyce.
Nays: None
Vote 5-0
Mr. Joyce ask for a five (5) minute break.
is
Meeting resumed at 8:20 P. M.
Agenda Item # 5 ZBA CASE #164, Special Exception Use Permit
Case # 164 a Special Exception Use Permit per Ordinance No. 480,
Section 44.12 (3) for the construction of an accessory building
(barn) of a size greater than 1,000 square feet permitted in the
"SF-lA" single Family-lA residential district as described in
Ordinance No. 480, Section 11.5 (e). The location is 3007
Ridgecrest Drive legally described as Lot 12R2, Block 4, South Lake
Park Addition.
to The owner/applicant is Eric Wong.
A presentation was made by Karen Gandy, Zoning Administrator. Ms.
Gandy stated that five (5) letters were sent to property owners
within 200 feet and one response in favor of the request had been
received.
Public Hearing
Eric Wong, Owner/applicant stated his request is to build a 1,536
Square Foot barn including space for stalls, feed, tack, grooming
area, and shelter. The property is 2.4 times larger than the
minimum lot area for SF-lA district, the additional space for the
proposed barn will not adversely affect the character of the
district.
There was no other person wishing to speak either in favor or in
1YI opposition to the request.
I'
Public Hearing Closed.
I A motion was made to grant Case #164 Special Exception Use Permit
as requested.
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Board of Adjustment Meeting page 4
January 28, 1993
Agenda Item # 5 continued.
Motion: Minder
Second: Downard
Ayes: Downard, Minder, Reynolds, Bentley, Joyce
Nays: None
Vote: 5-0
Agenda Item # 6 ZBA CASE #165, Variance.
Case # 165, a variance to Ordinance No. 480, Section 33.9 (f) which
requires a minimum front setback of fifty (50') feet adjacent to a
State numbered highway. The location is 3280 West Southlake Blvd.,
legally described as 0.73 acres situated in the J. G. Allen Survey,
Abstract No. 18, Tract 4A13. The current zoning is "c-2" Local
Retail Commerical.The owner/applicant is Josh Davis d/b/a/ Justin's
Grocery.
A presentation was made by Karen Gandy, Zoning Administrator. Ms.
Gandy reported that five (5) letters were sent to property owners
within 200 feet and there has been one (1) response in favor of the
request.
Public Hearing
Laura Davis Elmore, and J. W. Davis, Jr., daughter and son of Josh
Davis; stated that the building could not be moved South because of
the septic field behind the existing building. Condition and
circumstance were brought about by the widening of FM 1709 and the
taking of thirty-five (35') feet by the County and State. The
existing structures is 33.88 feet from the new R.O.W. line of F.M.
1709.
There was no other person wishing to speak either in favor or in
opposition to the request.
OR Public Hearing Closed
A motion was made to grant Case # 165 a variance to Ordinance No.
480, Section 33.9 (f) which requires a minimum front setback of
fifty feet (50') adjacent to a State numbered highway.
Mr. Bentley stated the findings that special conditions and
circumstances exist which are peculiar to the land involved and
which are not applicable to other lands in the same district. That
literal interpretation of rights commonly enjoyed by other
properties in the same district requested will not confer on the
applicant any special privilege that is denied by this ordinance to
other land in the same district.
Board of Adjustment Meeting page 5
January 28, 1993
Agenda Item # 6 continued.
Motion: Bentley
Second: Downard
Ayes: Downard, Minder, Reynolds, Bentley, Joyce
Nays: None
Vote: 5-0
Agenda Item # 7 ZBA CASE #166, Variance.
Case # 166, a variance to Ordinance No. 480, Section 35.6 (b) which
requires a minimum of twenty (20) parking spaces for the strip
commercial center. The location is 3280 West Southlake Blvd.
legally described as 0.73 acres situated in the J.G. Allen Survey,
Abstract No. 18, Tract 4A13. The current zoning is "C-2" Local
Retail Commercial.
The owner applicant is Josh Davis.
Karen Gandy made a presentation and reported that five (5) letters
had been sent to property owners within 200 feet and there had been
one (1) response in favor of the request.
Public Hearing
400,
Laura Davis Elmore, and J. W. Davis, daughter and son of Josh
Davis; stated that the variance request is for sixteen (16) parking
j~ space instead of the required twenty (20). Due to the septic field
behind the existing building the applicant is unable to provide
additional parking spaces. The circumstances exist by the widening
of FM 1709 and the City thoroughfare plan increasing the R.O.W.
There was no other person wishing to speak either in favor or in
opposition to the request.
Public Hearing Closed.
After a lengthy discussion a motion was made to grant Case # 166 a
variance to Ordinance No. 480, Section 35.6 (b) as requested.
Ms. Reynolds stated the findings that special conditions and
circumstances exist which are peculiar to the land involved and
which are not applicable to other lands in the same district. That
literal interpretation of rights commonly enjoyed by other
r applicant any special privilege that is denied by this ordinance to
other land in the same district.
Motion: Reynolds
Second: Minder
Ayes: Downard, Minder, Reynolds, Joyce
Nays: Bentley
Vote: 4-1
Board of Adjustment Meeting page 6
January 28, 1993
Agenda Item # 8 ZBA CASE #167, Variance.
Case # 167, a variance to Ordinance No. 480, Section 33.6 (d) which
requires that gasoline filling station pumps and pump island be a
minimum of twenty-five feet (251) from any street, highway, or
alley right-of-way line. The location is 3280 West Southlake Blvd.
The current zoning is "C-1" Local Retail Commercial.
The owner/applicant is Josh Davis.
Karen Gandy made a presentation and reported that five (5) letters
were sent to property owners within 200 feet and there was one (1)
response in favor of the request.
Public Hearing
Laura Davis Elmore and J. W. Davis, Jr., daughter and son of Josh
Davis stated there request for a seventeen feet (17') setback of
the pump island along Pearson Lane. The building could not be
moved South because of the septic field behind the existing
building. Condition and circumstance were brought about by the
future right of way for the proposed widening of Pearson Lane;
which restricts the us of the pump island necessary for the
convenience store.
There were no other person wishing to speak either in favor or in
w' opposition to the request.
IIr
Public Hearing Closed.
A motion was made to grant Case #165 a variance to Ordinance No.
480, Section 33.4 (d) for the pumps and pump island be seventeen
feet (17') from the property line after dedication of future R.O.W.
along Pearson Lane.
iW
Mr. Bentley stated the findings that special conditions and
circumstances exist which are peculiar to the land involved and
j which are not applicable to other lands in the same district. That
literal interpretation of rights commonly enjoyed by other
properties in the same district requested will not confer on the
applicant any special privilege that is denied by this ordinance to
~"r other land in the same district.
Motion: Bentley
Yw Second: Minder
Ayes: Downard, Minder, Reynolds, Bentley, Joyce
~w Nays: None
Vote: 5-0
Fred Joyce stepped down, Joe Bentley, chaired; Sharon Hobbs,
Alternate, eligible to vote.
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Board of Adjustment Meeting page 7
January 28, 1993
Agenda Item # 9 ZBA CASE #168, Variance.
Case # 168 a variance to Ordinance No. 480, Section 14.5 (d) which
requires a minimum rear yard setback of forty feet (40'). The
location is 140 Green Oaks Lane legally described as Lot 12, Block
2, Oak Hill Estates. The property is zoned "SF-20A" Single
Family-20-A.
The owner is Perry Homes Joint Venture and the applicant is George
T. Jackson.
A presentation was made by Karen Gandy, Zoning Administrator. Ms.
Gandy reported ten letters were sent to property owners within 200
feet, and there were five (5) responses within the 200 feet two (2)
in favor and three (3) opposed to the request. There were five (5)
responses outside the 200 feet opposed to the request. A letter
was received from James R. Harris, President; Oak Hill Development
Corporation approving the garage be extended and additional
twenty-two feet (22').
Public Hearing
George T. Jackson, applicant, said, he requested approval to extend
the rear of garage to double the depth. The structure is now 31.9'
x 21.9' and would be extended to 31.0' x 43.81. This would place
the rear of the garage at 35.2' from the back property line.
The extention of the garage will not alter the appearance from the
street view. It will be constructed with matching brick and the
roof line the same. No residental homes will be constructed behind
the property as it backs up to City of Southlake' s water tower and
City park. The City's storage trailer is directly behind the
W property and is visible two feet above the 8' wooden fence that
encloses the property. The garage will house Collector Cars.
iW Mr. Jackson presented pictures of the property to the Board.
0 Terry Maynard, 560 Oak Hill Drive, spoke in favor of the variance.
Peter Valentine, 160 Green Oaks Lane, spoke and he was opposed to
the request for the following reasons:
1. The view from his 2-story home (i.e. 45.6' continuous
brick wall and hipped roofline.)
2. Violation (in his opinion) of the deed convenants
regarding a maximum of a three stall garage.
Roger Nusin, 100 Green Oaks Lane, would like to record his
opposition to the request.
Betty Martin, representative of Perry Homes, was in favor of the
request because Perry Homes has had a similar request (i.e. Mr.
Maynard) and the devloper and president of the Homeowners
Association, James R. Harris approved the request and had approved
this request because it did not alter the streetscope and would not
impact the marketability of the homes in the development.
Board of Adjustment Meeting page 8
January 28, 1993
After a lengthy discussion a motion was made to grant Case # 168
for a variance of not greater than five feet (5') with the
following stipulations:
1 The same masonry exterior be continued.
2. Maintain a hip roof design with the same slope
Agenda Item # 9 continued.
Ms. Reynolds stated the findings that special conditions and
circumstances exist which are peculiar to the land involved and
which are not applicable to other lands in the same district. That
literal interpretation of rights commonly enjoyed by other
properties in the same district requested will not confer on the
applicant any special privilege that is denied by this ordinance to
other land in the same district.
Motion: Reynolds
Second: Hobbs
Ayes: Downard, Minder, Reynolds, Hobbs
Nays: Bentley
Vote: 4-1
Mr. Joyce was reseated as chairman.
Adjourned.
Agenda Item # 10 Meeting ~
With no objections the Chair deemed the meeting adjourned.
Meeting Adjourned 11:05 P.M.
ed Jo ce C ai an
(JOt an Bryson,
tended the meeting and prepared the minutes
`~yranye~o~gnpd~
ATTEST:
ndra L. LeGrand
City Secretary
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