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.
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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
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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
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an Bryson,
ttended the meeting and prepared the minutes
ATTEST:
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Sandra L. LeGrand
City Secretary
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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
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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
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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
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