1993-03-25
CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
Ave March 25, 1993 7 P M
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MEMBERS PRESENT: Fred Joyce, Chairman, Joe Bentley, Vice Chairman,
Robert Downard, Karen Reynolds, Sharon Hobbs, Alternate #1 and
William Towler, Alternate #2.
MEMBERS ABSENT: Dennis Minder
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
February 11, 1993 Regular Meeting.
err Motion: Bentley
Second: Towler
Ayes: Downard, Reynolds, Towler, Bentley, Joyce
Nays: None
Vote: 5-0 to approve
AW, With no opposition a motion was made to approve the Minutes of
March 11, 1993 Regular Meeting.
Motion: Bentley
Second: Towler
b Ayes: Downard, Reynolds, Towler, Bentley, Joyce
Nays: None
Vote: 5-0 to approve
Agenda Item # 3 Administrative Comments.
There were no Administrative Comments.
Agenda Item # 4 ZBA CASE #170 Special Exception Use Permit
Case # 170, Special Exception Use Permit for an accessory building
(barn) of a size greater than 1,000 square feet permitted in the
"SF-lA Residential District described in Ordinance No. 480, Section
11.5(3). The location is 3007 Ridgecrest Drive, being described as
Block 4 Lot 12R2 South Lake Park Addition. 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 with no response.
Public Hearing.
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Board of Adjustment Meeting Page 2
March 25, 1993
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rir Agenda item # 4 continued
+w Eric Wong, owner/applicant was present and stated the circumstances
are the same as Case #154 with the exception the barn is moved
twelve (12') North of the drive.
There was no other person wishing to speak either in favor or in
opposition to the request.
qR Public Hearing Closed.
After a discussion a motion was made to grant Case #170, Special
Exception to the terms of the Zoning Ordinance as it relates to the
property located at 3007 Ridgecrest Drive in Southlake, Texas and
being legally described as Lot 12R2, Block 4, South Lake Park
Addition; such Special Exception to be granted as follows:
A. Pursuant to the zoning ordinance, Section 44.12,(3).
B. Thereby permitting the following:
The construction of an accessory building,
specifically a horse barn, of a size greater
than that permitted under the accessory building
requirements of the Single Family - lA (SF-lA)
zoning district, such size being limited to
1 approximately 1,536 square feet.
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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:
1. The location of the structure shall be
essentially as depicted in the plot plan; and
2. The style of construction shall be substantially
as depicted in the construction style illustration;
.10 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
ter'
One Concept Plan or Plot Plan
Two Construction style illustration
y Motion: Bentley
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Second: Reynolds
Ayes: Downard, Reynolds, Towler, Bentley, Joyce
Nays: None
Vote: 5-0 to Grant
Board of Adjustment Meeting page 3
March 25, 1993
law'
Mr. Joyce, Chairman, stepped down for Case #717 and Case #718. Mr.
Bentley, Chaired Case #717 and Case #718.
Agenda Item # 5 ZBA CASE #171. Appeal.
Case # 171. Appeal of the Administrative Official's interpretation
regarding the fronting of a residential structure on a lot legally
described being more commonly known as 1622 Pecos Drive. The
owner/applicants are John Duncan and Linda Sanders d/b/a
Duncan-Sanders, Inc.
A presentation was made by Karen Gandy, Zoning Administrator. Ms.
Gandy stated that fourteen (14) notices were sent to property
owners within 200 feet and two (2) responses in favor of the
request.
Public Hearing
4
John Duncan of Duncan-Sanders, Inc. stated when purchasing the lot
14 in question they were informed by the developer the house could
face Pecos Drive or Concho Court as long as the set backs were
met. Our Architect drew the plans to face Concho Court and
utilized the lot.
Jeff Gaskins representing the developer of SouthRidge Lakes,
Arvida, said his comments are based on the same issues of Mr.
Duncan and realizing this is an Ordinance Issue. The reason for
his appearing is that the plan submitted represents the best use of
the lot in question and homeowners. Mr. Gaskins also stated there
would less fence if the house was fronting Concho Court and would
be more attractive to the development.
Mr. Gaskins did confirm that a representative from Arvida informed
Duncan - Sanders, Inc. that the house could face Pecos Drive or
Concho Court as long as the set backs were met.
Linda Sanders of Duncan-Sanders, Inc. stated there is a lovely
terrace on the Pecos Drive side of the house and the set back would
be in line with the other homes on Pecos. The lot is wonderful
with the right house.
There was no other person wishing to speak either in favor or in
opposition to the request.
Public Hearing Closed.
" A motion to adopt findings upon appeal reference Case # 171.
me11,.. The Board of Adjustment of the City of Southlake, Texas, after
hearing arguments and receiving evidence from all interested
parties in the above captioned case at a properly noticed public
hearing, Hereby finds and direct the following:
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Board Of Adjustment Meeting page 4
March 25, 1993
err
Agenda Item # 5 continued
A. That the Zoning Ordinance does require a front yard setback
oriented with the front of a residence on a corner lot in a
residential district; and furthermore,
B. The ordinance may permit the front orientation of such
residence on a corner lot to approximately bisect the angle
formed at the corner of the lot; and furthermore,
C. Based on the above statement of fact, and the existing
platting of lot 87, Block 3, SouthRidge Lakes Addition, Phase
IV, the decision of the Administrative official is upheld.
Agenda Item # 6 ZBA CASE # 172 Variance.
Case # 172, a variance to the required thirty-five foot (35') front
and rear yard setbacks should the home's front door face Concho
Court. The location of the property is 1622 Pecos Drive being
legally described as Lot 87, Block 3, SouthRidge Lakes Phase IV.
The owner applicants are John Duncan and Linda Sanders d/b/a
Duncan-Sanders, Inc.
A presentation was made by Karen Gandy, Zoning Administrator. Ms.
Gandy stated that fourteen (14) notices were sent to property
owners within 200 feet and two (2) responses in favor of the
request.
Public Hearing
AA Linda Sanders, applicant/owner said the request was for a front
yard setback and a rear yard setback to build the structure shown
on the plot plan.
J
There was no other person wishing to speak either in favor or in
11 opposition to the request.
Public Hearing closed.
After a lengthy discussion Case # 172 pursuant to the findings set
forth in this case, grants to vary the terms of the Zoning
ordinance as it relates to the property located at 1622 Pecos Drive
in Southlake, Texas and being legally described as Lot 87, Block 3,
SouthRidge Lakes Phase IV;
Such variance to granted as follows:
A. The terms of the zoning ordinance are varied only in regard to
Section 14.5; and
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.W Board of Adjustment Meeting page 5
March 25,,1993
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Agenda Item # 6 continued.
B. Furthermore, the terms of the zoning ordinance are varied only
to the extent necessary to permit construction of a a
residential structure as submitted with the variance
application and depicted in the plot plan (attachment one);
" and only after completion of replatting of the lot in
accordance with the ordinance and showing the lot and
structure as facing upon Concho Court; and
C. Finally, the variance is permitted and shall be enforced,
constructed, operated, maintained and/or otherwise implemented
with reference to the following attachment, which are hereby
incorporated into this motion:
ATTACHMENT # Description
of One Concept plan or plot plan
Motion: Towler
Second Reynolds
14 Ayes: Downard, Reynolds, Hobbs, Towler, Bentley
Nays: None
Vote: 5-0 to Grant
The finding:
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The evidence presented by the applicants 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 unique dimensions of the lot in question, combined with the
setback requirements on this lot by the ordinance, result in
buildable area of awkward size and dimension, and makes it
difficult to design a residential structure of suitable layout to
fit the buildable area and conform with the prevailing standards in
the neighborhood; and that the general purpose and intent of the
'eq ordinance is to promote desirable development,and the submitted
proposal is considered to be highly desirable, and even more
desirable than the alternatives envisioned if no variance is
granted.
Mr. Joyce was reseated as Chairman
Agenda Item # 7 Discussion
wry
A discussion was held on the Work Session with the City Attorney on
February 22, 1993.
Agenda Item # 8 Meeting Adjourned.
{ With no objections the Chair deemed the meeting adjourned.
}
wr►
Board of Adjustment Meeting page 6
March 25, 1993
Meeting Adjourned 9:55 P.M.
+I
-11: i ;~ed J c , h r an
an Bryson,
Attended the meeting and prepared the minutes
I~qN/11111/t1l,I
L A K F'ry.,,~
=4•; ;93
ATTEST: lop, lop,
Sandra L. LeGrand
City Secretary
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A MOTION to ADOPT FINDINGS UPON APPEAL
1 Re ZBA case number
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4i That the BOARD of ADJUSTMENT of the CITY of SOUTHLAKE, TEXAS, after
hearing arguments and receiving evidence from all interested parties in the
14 above captioned case at a properly noticed public hearing, HEREBY FINDS AND
4A DIRECTS THE T,HE FOLLOWING:
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Page ONE of
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~ 1 Re ZBA case number
ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS
'a! 2 THIS THE a W DAY OF , 1993.
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ATTEST:
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City Secretary
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FINDINGS of the BOARD of ADJUSTMENT
1 Re ZBA case number 172,
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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and furthermore, that special conditions and circumstances exist which are
60
peculiar to the land, structure(s) or building(s) involved which are not
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applicable to other lands, structures or buildings in the same district; and
that these special conditions and circumstances do not result from the actions
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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
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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 applicant(s); and that the reasons set forth by the applicant(s) `w
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. ftb
OFFERED BY:
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ENTERED INTO THE RECORD BY:
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Secretary to the Board+
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A MOTION to GRANT a VARIANCE
1 Re ZBA case number/ 7 z
That the BOARD of ADJUSTMENT of the CITY of SOUTHLAKE, TEXAS, pursuant
w~ 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
.
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y in Southlake, Texas, and being legally described as
k0f ~S 7~ o ri ..P 5 j
Such VARIANCE to be granted as follows:
A. The terms of the zoning ordinance are varied only in regard to
4 Section(s)
5 : and
B. Furthermore, the terms of the zoning ordinance are varied only to the
6 extent necessary to permit P . If.,
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1 Re ZBA case number I -7Z
2 C~ Finally, the VARIANCE / is permitted, and
shall be enforced, constructed, operated, mai ained and/or otherwise
implemented with reference to the following ATTACHMENTS, which are hereby
incorporated into this motion:
ri,r Attachment # Description
ONE Concept plan, or Plot plan
3
4
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5
6
7
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ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS
9 THIS THE .2,5- TI.1 DAY OF /hAJe-e It , 1993.
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S etary to the Board
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ZC1rman /V e7
ATTEST:
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City Secretary
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13 Page
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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
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d in Southlake, Texas, and being legally described as
,CUT a 2 a 13.EV C K y .SnOT4 LAi[.E AP,< Abb/.T70&~,
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Such SPECIAL EXCEPTION to be granted as follows:
4 A. Pursuant to the zoning ordinance, Section(s) ...y..... .....C.....
5 and
AN t e crm s 4✓' U C k 0r, O'f
6 B. Thereby permitting the following :
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4000, 1 Re ZBA case number
2 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
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W- Ago, 1 Re ZBA case numberD
IN T
2 Finally, the ~!!lliMii~~' / 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
s Two GvN ~uci~~ 5 y~ 11-4-u s~ moo
4
5
6
7
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ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS
~rr► 9 THIS THE _ DAY OF 1993.
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ATTEST:
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City Secretary
3 Page _ of
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FINDINGS of the BOARD of ADJUSTMENT
1 Re ZBA case number
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The requested exception is specifically permitted by the zoning ordinance, as
2 set forth in Section(s) AV191.A. : 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
r required to be submitted; and
Furthermore, the evidence before the Board clearly shows that the special
ail 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.
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OFFERED BY:
3
ENTERED INTO THE RECORD BY:
4
Se r ary to the Bard
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M i• ' `e 2.398 Acres Gross
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2.358 Acres Net Y
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3007 Ridgecrest Drive, Southlake 1 to
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