1993-07-29
CITY OF SOUTHLAKE
667 N. Carroll Avenue
IF BOARD OF ADJUSTMENT MEETING
July 29, 1993 7 P M
MEMBERS PRESENT: Fred Joyce, Chairman; Joe Bentley, Vice Chairman;
Karen Reynolds, William Towler, Sharon Hobbs, Alternate #1; present
but not seated Art Sorenson, Alternate #2.
MEMBERS ABSENT: 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 minutes of the July 15,
1993 meeting approved.
Agenda Item # 3 Administrative Comments.
Ms. Gandy, Zoning Administrator reported that there were no cases
for the August 12 meeting date. The next meeting date will be
August 26, 1993.
Members of the Board question Mrs. Gandy on Case # 178 as to the
compliance to the Boards decision.
Agenda Item # 4 ZBA CASE #180, Variance
Case # 180 a Variance to Ordinance No. 480, Section 11.5 (d) which
requires a minimum rear yard setback of forty feet (401) to allow a
twenty-seven foot (27') rear yard setback. The location is 1035
Brittany Court, legally described as Lot 3, Block B, Brittany
Place. The owner/applicant is Timothy M. and Marcia Lynn O'Connor.
A presentation was made by Karen Gandy, Zoning Administrator. Mrs.
Gandy stated that seven (7) notices were sent to property owners
within 200 feet and there have been 2 written responses infavor of
the request.
Public Hearing.
0 Timothy & Lynn O'Connor, owner/applicants, were present. Mr.
O'Connor said they were wanting to build on the existing slab and
add an additional 4' to the existing slab. The slab has been
vacant for five (5) years.
Mr. O'Connor said that if the City's requirements are to alter the
slab in any form to comply with the current zoning ordinance could
present a major structural change in the existing slab, impacting
iy the house design and function and might compromise the structural
integrity of the existing slab. This would also cause the present
wed architectural drawing to be worthless, forcing them to re-design
and re-engineer their future home, which would be time consuming
and a cost factor.
Board of Adjustment Meeting page 2
July 29, 1993
$O.
Agenda Item #4 continued.
There was no other person wishing to speak either in favor or in
opposition to the request.
Public Hearing Closed.
The findings ZBA Case # 180 were stated by Joe Bentley.
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
construction of a residential structure in compliance with the
terms of the ordinance would result in a structure which does not
fit the existing slab on the property, resulting in an unsightly
situation regarding any proposed structure; and such situation
likely being detrimental to the value of the property and structure;
and that the general purpose and intent of the ordinance is to
promote desirable and compatible development, and that the plans
presented by the applicant propose to develop on property which has
heretofore created a detrimental impact upon the neighborhood; and
applicant's plans will remove that detrimental impact;
and furthermore, that special conditions and circumstances exist
which are peculiar to the land, structure or building involved
which are not applicable to other lands, structure or building in
the same district; and that these special conditions and
circumstances do not result from the actions of the applicants; and
that granting a variance will not confer upon the ordinance to
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 applicants; and that the
reasons set forth by the applicants justify the granting of a
variance, which is the minimum variance that will make possible the
reasonable use of the land, structure or building; 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.
After a discussion a Motion was made to Grant a Variance to ZBA
Case #180:
That the BOARD OF ADJUSTMENT of the CITY of SOUTHLAKE, TEXAS,
pursuant 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 1035 Brittany Court, in Southlake, Texas
I~ and being legally described as Lot 3, Block B, Brittany Place ;
such Variance to be granted as follows:
A. The terms of the zoning ordinance are varied only in regard to
~rr✓` Section 11.5 ( d) ; and
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Board of Adjustment Meeting Page 3
July 29, 1993
Agenda Item #5 continue.
B. Furthermore, the terms of the zoning ordinance are varied only
to the extent necessary to permit construction of a structure
pursuant to the plans submitted by the applicant, conforming
essentially to the Plot Plan submitted by the applicant and
permitting an encroachment into the rear yard approximately
thirteen feet (13'); and
C. Finally, the Variance 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
as submitted by the applicant
Motion: Bentley
Second: Towler
Ayes: Hobbs, Towler. Reynolds, Bentley, Joyce
Nays : None
Vote: 5-0 to grant
Agenda Item # 5 ZBA CASE #181, Variance
Case #181, a variance to Ordinance No. 480, Section 11.5 (c) which
requires a minimum side yard setback of twenty feet (20') for
W accessory structures not constructed in the rear yard of property
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zoned "SF-lA Residential to allow a side yard of ten feet (101).
The location is 2859 Raintree, legally described as 1.55 acres
situated in the John Whitman Survey, Abstract No. 1593, Tracts 8E
. 6W and 8AlA. The owner/applicant is A. C. Urbanosky.
A presentation was made by Karen Gandy, Zoning Administrator. Ms.
L Gandy said that there were Seven (7) notices sent to property
owners within 200 feet, four (4) responses received one (1) no
objection and three (3) in favor of the request.
Public Hearing
Vance Urbanosky, son of the applicant, was present and said that
the applicant wants to build a 3013" x 5013" x 14' garage /equipment
storage building (approximately 1,581 sq. ft.) at the end of an
existing dirt driveway behind the dwelling. The structure will be
ten feet (101) from the side property line.
There was no other person wishing to speak either in favor or in
opposition to the request.
iii
Board of Adjustment Meeting page 4
July 29, 1993
Agenda Item #5 continued.
The finding were stated by Joe Bentley.
The evidence presented by the applicant 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
topography of the property, specifically the steep grade of certain
areas and the drainage ditch located on the property provide
unusual and unique obstructions to development of the property; and
furthermore, that the situation of several large, old-growth (trees
on the property provide significant) obstructions to development of
the property;
and that the general purpose and intent of the ordinance is to
promote desirable and compatible development throughout the city
and to encourage the preservation of large old-growth trees during
such development;
and furthermore, that special conditions and circumstances exist
which are peculiar to the land, structure or buildings involved
which are not applicable to other lands, structures or buildings in
the same district; and that these special conditions and
circumstances do not result from the actions of the applicant; and
that granting a variance will not confer upon the applicant any
special privilege that is denied by the zoning ordinance to other
lands structures or buildings in the same district; and
furthermore, that the requirements of the zoning ordinance
iw regarding a variance have been met by the applicants; and that the
reasons set forth by the applicant justify the granting of a
variance, which is the minimum variance that will make possible the
reasonable use of the land, structure or building; 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.
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After a discussion a Motion wa made to Grant a Variance to ZBA Case
' # 181:
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That the BOARD OF ADJUSTMENT of the CITY of SOUTHLAKE, TEXAS,
pursuant 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 2859 Raintree; in Southlake, Texas and
being legally described as 1.55 acres situated in the John Whitman
Survey, Abstract No. 1593, tracts 8E and 8AlA; such Variance to be
granted as follows:
A. The terms of the zoning ordinance are varied only in regard to
Section 11.5 (c); and
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Board of Adjustment Meeting page 5
IR July 29, 1993
Agenda Item # 5 continued.
B. Furthermore, the terms of the zoning ordinance are varied only
to the extent necessary to permit construction of an accessary
building essentially as depicted in the Plot Plan submitted by the
applicant, and permitting an encroachment into the side yard
approximately ten (10') feet; and
C. Finally, the Variance 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
Motion: Bentley
Second: Reynolds
Ayes: Hobbs, Towler, Reynolds, Bentley, Joyce
Nays: None
Vote: 5-0 to grant
Agenda Item # 6 ZBA CASE # 182 Special Exception Use
Case # 182 a Special Exception Use Permit for the construction of
an accessory building of a size greater than the 1,000 sq. ft.
permitted under the accessory building requirements of the "SF-lA"
6 (3) to allow. a garage /equipment storage building not exceeding
1,581 sq. ft. The location is 2859 Raintree Lane legally
40 described as 1.55 acres situated in the John Whitman Survey,
6 Abstract No. 1593, Tracts 8E and 8AlA. The owner/applicant is A.
C. Urbanosky.
4W
A presentation was made by Karen Gandy, Zoning Administrator. Ms.
r Gandy said that there were Seven (7) notices sent to property
owners within 200 feet, four (4) responses received one (1) no
objection and three (3) in favor of the request.
Public Hearing
Vance Urbanosky, son of the applicant, was present and said that
the applicant wants to build a 3013" x 5013" x 14' garage/ equipment
storage building (approximately 1,581 sq. ft.) and that it be
located behind the dwelling as indicated on the plot plan.
There was no other person wishing to speak either in favor or in
opposition to the request.
is
Board of Adjustment Meeting page 6
July 29, 1993
Agenda Item # 6 continued.
The findings were stated by Joe Bentley.
ZBA Case #182:
The requested exception is specifically permitted by the zoning
ordinance, as set forth in Section 44.12 (3); 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 required to be submitted; and
Furthermore, the evidence before the Board clearly shows that the
special 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.
A Motion was made to grant ZBA Case #182 a Special Exception.
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 3859 Raintree, in Southlake,
Texas and being legally described as 1.55 acres situated in the
John Whitman Survey, Abstract No. 1593, Tracts 8E and 8AlA;
~j Such SPECIAL EXCEPTION to be granted as follows:
A. Pursuant to the zoning ordinance, Section 44.12 (3); and
B. Thereby permitting the following: an accessory building of
approximately 1,600 square feet, essentially as depicted in the
Plot Plan submitted by the applicant; and
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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
One Concept plan, or Plot plan
Motion: Bentley
Second: Hobbs
Ayes: Hobbs, Towler, Reynolds, Bentley, Joyce
Nays: None
Vote: 5-0 to grant
17
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Board of Adjustment Meeting page 7
July 29, 1993
Agenda Item # 7 Discussion: Board Of Adjustment Procedures.
A discussion was held on Board of Adjustment Procedures.
Agenda Item # 8 Meeting Adjourned.
With no objections the Chair deemed the meeting adjourned.
Meeting Adjourned 8:50 P.M.
MR Fred y e, C irman
J ,6,4n Bryson,
tended the meeting and prepared the minutes
ATTEST: r'nnan~~nu•►,
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andra L. LeGrand ,
City Secretary 111•''*'
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City of Southlake, Texas
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MEETING
SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING
DATE: 7 9.3
NAME ADDRESS TELEPHONE AGENDA ITEM
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FINDINGS of the BOARD of ADJUSTMENT
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Re ZBA case number
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 0
peculiar to the land, structure(s) or building(s) involved which are not
applicable to other lands, structures or buildings in the same district; and
that these special conditions and circumstances do not result from the actions
of the applicant(s); and that granting a variance will not confer lipon the
applicant(s) any special privilege that is denied by the zoning ordinance to Wi
other lands, structures or buildings in Hie same district; and furthermore,
that the requirements of the zoning ordinance regarding a variance have been
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met by the applicant(s); and that the reasons set forth by the applicant(s)
justify the granting of a variance, which is the minimum variance that will PR
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
6
purpose and intent of the zoning ordinance and will not be injurious or
otherwise detrimental to the public welfare.
OFFERED BY:
ENTERED INTO THE RECORD BY:
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Secretary to the Board
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A MOTION to GRANT a VARIANCE
90
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 AUTHORITY to VARY the
terms of the ZONING ORDINANCE as it relates to the property located at
.
a ..1.........3 05 . .......3...~: c?.~r
L in Southlake, Texas, and Ging legally described as
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Such VARIANCE to be granted as follows:
A. The terms of the zoning ordinance are varied only in regard to
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4 Section(s)
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r B. Furthermore, the terms of the zoning ordinance are varied only to the
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Re ZBA case number
Finally, the VARIANCE is permitted, and
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shall be enforced, constructed, operated, maintained and/or otherwise
implemented with reference to the following ATTACHMENTS, which are hereby
11~ incorporated into this motion:
Attachment # Description
ONE Concept plan, or Plot plan I c~ 5 Su m
3 ........,~.y.....~.. ....A i...
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ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS
*,6.09 THIS THE _ DAY OF , 1993.
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6 ATTEST:
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City Secretary
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FINDINGS of the BOARD of ADJUSTMENT
/31
Re ZBA case number
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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
peculiar to the land, structure(s) or building(s) involved which are not `
applicable to other lands, structures or buildings in the same district; and
that these special conditions and circumstances do not result from the actions
of the applicant(s); and that granting a variance will not confar „Pon the
applicant(s) any special privilege that is denied by the zoning ordinance to 6
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)"
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 IM
purpose and intent of the zoning ordinance and will not be injurious or ig
otherwise detrimental to the No
public welfare.
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
L 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 AUTHORITY to VARY the
terms of the ZONING ORDINANCE as it relates to the property located at r ~re
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in Southlake, Texas, and being legally described as
3 ° 6-5, ..ES 5. llA,le(. ...(n..l:.~,,:: ~.".n ~IyT/ri~ Sur✓e /`7215~1L' NO.
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Such VARIANCE to be granted as follows: 1 sq3 J ~ra S ?S~
A. The terms of the zoning ordinance are varied only in regard to
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Re ZBA case number
2 Finally, the VARIANC / PL _ 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
3
4
ii 5
6
7
8
ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS
THIS THE DAY OF - v , 1993.
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S r etary to the Bo rd
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ATTEST:
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City Secretary
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AMP%-.
FINDINGS of the BOARD of ADJUSTMENT
1 Re ZBA case number 192-
The requested exception is specifically permitted by the zoning ordinance, as
2 set forth in Section(s) ..l.y ~.z..~3/ : 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
required to be submitted; and
Furthermore, the evidence before the Board clearly shows that the special
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.
OFFERED BY:
3
ENTERED INTO THE RECORD BY:
4
Sec y to Bo d
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A MOTION to GRANT a SPECIAL EXCEPTION
1 Re ZBA case number 1 92 .
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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in Southlake, Texas, and bein le ally described as 1 v
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Such SPECIAL EXCEPTION to be granted as follows:
4 A. Pursuant to the zoning ordinance, Section(s) ..J..~ 3
and
6 B. Thereby permitting the following: i....':.....ll~$l.?1/
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19 Page ONE of W o
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Re ZBA case number .
2_ 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
ONE Concept plan, or Plot plan
3
4
r 5
w 6
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7
8
ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS
i +'9 THIS THE DAY OF , 1993.
10
Se tart' tote and
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ATTEST:
12
~w City Secretary
13 Page w of w y
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BOARD PRESENT: JOYCE, BENTLEY, REYNOLDS, TOWLER, HOBBS, SORENSON (Mr. Sorenson did not vote)
1__00'BOARD ABSENT: MINDER City of Southlake, Texas
"r" STAFF PRESENT: GANDY, BRYSON _
i f
REGULAR ZONING BOARD OF ADJUSTMENT MEETING JULY 29, 1993
too LOCATION: 667 North Carroll Avenue, Southlake, Texas
4ij,,, City Council Chambers of City Hall
TIME: 7:00 P.M.
AGENDA:
1. Call to order.
2. Approval of Minutes of the July 15, 1993 Regular Board of
lj~UfED APP VED Adjustment Meeting.
$ IR 3. Administrative Comments.
ifs
:HOB 4. Consider: ZBA Case #180, Variance to Ordinance No. 480,
TO 2nd Section 11.5 (d) which requires a minimum rear yard
LDS setback of forty feet (401) to allow a twenty-seven
Motion foot (271) rear yard setback. Location: 1035
Y Brittany Court, legally described as Lot 3, Block
5-0 to grant B, Brittany Place. Owners : Timothy M. and Marcia
Lynn O'Connor.
Public Hearing.
5. Consider: ZBA Case #181, Variance to Ordinance No. 480,
HOB S Section 11.5 (c) which requires a minimum side yard
setback of twenty feet (201) for accessory
lk:L 2ND structures not constructed in the rear yard of
Motion property zoned 11SF-1A" Single Family-1A Residential
JOYCE to allow a side yard of ten feet (101). Location:
5-0 to grant 2859 Raintree, legally described as 1.55 acres
situated in the John Whitman Survey, Abstract No.
1593, Tracts 8E and 8A1A. Owner: A. C. Urbanosky.
Public Hearing.
6. Consider: ZBA Case #182, Special Exception Use Permit for the
S 2nd construction of an accessory building of a size
greater than the 1,000 sq. ft. permitted under the
IRY OLDS accessory building requirements of the 11SF-1A"
B MOTION zoning district in Ordinance No. 480, Section 44.12
GhT -E
(3) to allow a garage /equipment storage building
5-0 to grant not exceeding 1,581 sq. ft. Location: 2859 Raintree
Lane, legally described as 1.55 acres situated in
the John Whitman Survey, Abstract No. 1593, Tracts
8E and 8A1A. Owner: A. C. Urbanosky.
Public Hearing.
7. Discussion: Board of Adjustment Procedures.
8. Meeting Adjourned.
A
_ _ . ■r II/1111
od
Board of Adjustment Meeting Agenda
July 29, 1993
Page Two
dW CERTIFICATE
I hereby certify that the above agenda was posted on the official
bulletin boards at City Hall, 667 North Carroll Avenue, Southlake,
Texas, on Friday, July 23, 1993 at 5:00 p.m. pursuant to the Open
Meetings Act, Article 6252-17 V.T~naa,,,
~T H L q~~''•.~','.
.
andra L. LeGrand S
City Secretary r i A =
vt rti
if you plan to attend this public sleeting and havsl"disIrAty'hat ~1~quires special needs, please advise the
City Secretary forty-eight (48) hours in advance at -fi5ension 704, and reasonable accosmmodations
will be made to assist you.
*%so.0"
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am