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1993-07-15 CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING July 15, 1992 7 P M MEMBERS PRESENT: Fred Joyce, Chairman; Joe Bentley, Vice Chairman; Karen Reynolds, William Towler, Art Sorenson, Alternate #2. MEMBERS ABSENT: Dennis Minder, Sharon Hobbs, Alternate #1. STAFF PRESENT: Greg Last, Director of Community Development; Jean Bryson, Secretary. Agenda Item # 2 Approval of the Minutes. With no objections a motion was made to approve the minutes of the June 24, 1993 regular meeting. Motion: Towler Second: Reynolds Ayes: Sorenson, Towler, Reynolds, Joyce Nays: None Vote: 4-0 to approve (Mr. Bentley was not present to vote on Agenda Item #2) Agenda Item # 3 Administrative Comments. There were no Administrative Comments. Agenda Item # 4 ZBA CASE # 178. An Appeal Case # 178 an appeal of the Administrative Official's interpretation regarding the parking of a commercial vehicle in the "SF-lA" Single Family-lA Residential District. The location is 209 Westwood, being legally described as Lot 23, Block 1, Woodland Heights Addition. The owner/applicant is Phillip T. Norman. A presentation was made by Greg Last, Director of Community Development. Mr. Last stated that nine (9) notices were sent to property owners within 200 feet. There has been eighteen (18) written responses seven (7) within the 200 feet (5 in favor and 2 opposed) and Eleven (11) outside the 200 feet (5 in favor and 6 opposed). Public Hearing. Mrs. Laney Norman, mother of the applicant, 1723 Westridge, Hurst, Texas presented the Board with a Standard Abbreviations for Vehicle Makes and Body Styles, Texas Certificate of Tile on Mr. Normans vehicle, pictures of Mr. Norman's Vehicle along side recreational vehicles and a response of no objection to Mr. Norman's Snap-on Van being parked at 209 Westwood Drive. Mrs. Norman said, that the e■ Ordinance was not clear and did not stipulate size or weight { measurement. w Board of Adjustment Meeting page 2 July 15, 1993 Agenda Item # 4 continued. 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 to Adopt Finding upon Appeal reference to ZBA Case # 178. That 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 Directs the Following: A. The decision of the Zoning official is correct and upheld; specifically, section 35.10 of the ordinance prohibits parking of commercial vehicle or other large vehicle customarily used for commercial purposes on any residentially zoned lot. Furthermore, the vehicle in question is found to be covered by this prohibition, and not excluded by the wording of this section, which is intended to allow only those commercial vehicles which are comparable in size and appearance to standard pickup trucks and standard passenger vans. B. In recognition of the unique circumstances, as presented by the appellant, and in consideration of the intent of the ordinance the Zoning Official to provide for a reasonable period of time during which the Appellant shall seek resolution to his situation, before the City begins final enforcement action in this case. Motion: Bentley Second: Sorenson Ayes: Sorenson, Towler, Bentley, Joyce Nays: Reynolds Vote: 4-1 to uphold the Zoning Official's Decision. Agenda Item # 5 ZBA CASE # 179, Variance. ZBA Case # 179, variance request to Ordinance No. 480, Section 11.5 (b) which requires a minimum front yard setback of forty feet (40') and Section 11.5 (d) which requires a minimum rear yard setback of forty feet (401). The applicant requests a thirty foot (301) front yard setback and a twenty foot (20') rear yard setback and a twenty foot (201) rear yard setback. The location is 3370 Crescent Drive being Lot 7, Block 7, Grace Estates. The owner applicant is David L. Roberts. A presentation was made by Greg Last, Director of Community Development. Mr. Last stated that there were eight (8) notices sent to property owners within 200 feet. There were no written response. Tim O'Brien telephoned his response as in favor of the 4000) request. Board of Adjustment Meeting page 3 July 15, 1993 ja Agenda Item #5 continue. Public Hearing David L. Roberts, owner/applicant presented pictures, drawings, soil test and architect book. Mr. Roberts stated that with the variance his buildable area will increase 42%. His plan is to build in the clearing and save the trees. 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 approve ZBA Case # 179 Variance Request by the applicant; allowing a thirty (30') foot front yard and a twenty (20') foot rear yard setback. The finding were stated by Mr. Towler that the evidence presented by the applicant shows that a literal enforcement of the terms of the zoning ordinance on the property in question would impose an unnecessary hardship in that if the applicant is required to meet the normal front yard setback of the ordinance. that the spirt and intent of the ordianance are to encourage the preservation of trees on developing properties; that this condition is peculiar to the lot in question and not as a result of the actions of the applicant; and that the granting of the requested variance will not confer upon the applicant any special privilege, nor will it be TIC! injurious to the neighborhood or otherwise detrimental to the public welfare. This request is in harmony with the general purpose and intent of the ordinance; that the reasons set forth in the application justify the granting of the variance; and that this variance is the minimum variance that will make possible a reasonable use of the property. 1o Motion: Towler Second: Bentley Ayes: Sorenson, Reynolds, Towler, Bentley, Joyce Nays: None Vote: 5-0 to grant Agenda Item # 6 Meeting Adjourned. With no objections the Chair deemed the meeting adjourned. Meeting Adjourned 9:55 P. M. Board of Adjustment Meeting page 4 July 15, 1993 ed J c Cha' man an Bryson, ttended the meeting and prepared the minutes ATTEST: is Sandra L. LeGrand City Secretary r 4 4 r r Ln V ~ d D Z m .:J J n` 'V Z Z CO. ~ 1 a •n r L. CL. d N r~ v~ Z H h ftll A MOTION to ADOPT FINDINGS UPON APPEAL 1 Re ZBA case number That 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 DIRECTS THE FOLLOWING: 2 A. -rk.4 ....GX ~...:T ' e . r. R~? !r.....0 ~ s.... ~v!~~: p / p 3 .....C~T........G............ 3 ~Z0." S . #.G.!.:~f.~0.►.!.~.~..., ACC... ............5......1....0 4 fTPA;.~A~~ 10, 4A ~'a.. n'-~.;aj... r . r4:5 r G. L. .:74M.4-14k. ~...4e.....~e~ !%G4 u.GS !S.. .!~J!!...... 4P aiA5 ~..........s .....s...... h 10 4.....~►!l.4.W, <!`r1.1....... - kr A 0 11 12 44jG/t4r~..../Z~u~IL........5.rte''...~1!~~~rr...Vd!1.5,............ 13 gel . bx'o' . /1 'h'u!~ M. SAn.C-e.-. S .11$ A 14 ...Ayy....~C.~!A~.l~...KLK ....~n....G:S~ e!'...'?......... 1 / ~ or? ~4n4. ...+,!tGX... ~~C ro ew 16 ri hT3 ..4 1 ! .h.~? ,h.... wG....4:O. ?!!V' ....1.!"~...zv' Li... . 4 17 ..........1...... Y'.''m ((o A4".4~'.AA A f 19~ .~.....s.~ a . y 20 Zt~: Li...... ......GL~.4 G: A 21 Page ONE of -TW z) ,r 1 Re ZBA case number _ ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS 2 THIS THE -Z'5-_T-L DAY OF Ju I,1993. SePI-ary to the Board 4 airma W ATTEST: 5 - - 61 City Secretary 0" No 04 6 Page _ A of _ CITY OF SOUTHLAKE, TEXAS OATH OF OFFICE STATE OF TEXAS COUNTY OF TARRANT/DENTON CITY OF SOUTHLAKE '!I, ART SORENSON do solemnly swear (or affirm) that I will faithfully execute the duties of the ZONING BOARD OF ADJUSTMENTS, of the City of Southlake, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States of America and of this State and the Charter ib and ordinances of the City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God." ART SOREN SWOR TO AND SUBSCRIBED BEFORE ME, THIS THE D OF 1993. l' GARY RES MAYOR OF UTHLARE ptN~lpl/y1j~ ATT ST. • ``~~5~~T N 1 .NFti% `k s 9ANDWL'.' L GRAND CITY SECRETARY sdi ~ y~JJJJgllUtlltK~*~,,`,```~ o. g 94 0 c a ' ° a ti y 10 E yr Ei Z Cdd V p~ G w • a ° v err Er-l i! 4 P, L s ^ A # o w ~a a Id Cd ago bO Z I ac o o a H A P4 Q ~ ° z co o z RX P.~ ° V~ v~ I N lit. 4-1 10 C _ O .g " o o, p• O Z z -a E4 fZ a C cri _ oc co op