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1993-08-26on IN CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING August 26, 1993 7 P M W MEMBERS PRESENT: Fred Joyce, Chairman; Joe Bentley, Vice Chairman; Karen Reynolds, Dennis Minder, William Towler, Sharon Hobbs, Alternate # 1; Art Sorenson, Alternate #2. Mr. Sorenson did not vote. Mr. Towler stepped down Agenda Item # 4, Sharon Hobbs voted in only Agenda Item #4. (all members present) MW MEMBERS ABSENT: None STAFF PRESENT: Karen Gandy, Zoning Administrator; Jean Bryson, 0 Secretary Agenda Item # 2 Approval of the Minutes. A motion was made to approve the minutes of the July 29, 1993 regular meeting as amended. Motion: Towler Second: Reynolds Ayes: Reynolds, Minder, Towler, Bentley, Joyce Nays: None Vote: 5 - 0 to approve +r. Agenda Item # 3 Administrative Comments. +�+ Karen Gandy, Zoning Administrator, reported that the next regular meeting would be September 30, 1993. Agenda Item # 4 ZBA CASE #183 Special Exception ' ZBA Case #183 a Special Exception Use Permit for two portable buildings for additional classroom space per Ordinance No. 480, !� Section 44.12 (7). The location is 185 S. White Chapel Blvd., being legally described as Lot 1, Block A, White Chapel Methodist Church Addition C S Zoning. The owner/applicant is White's Chapel United Methodist Church. A presentation was made by Karen Gandy, Zoning Administrator. Mrs. Gandy stated that nine (9) notices were sent to property owners ' within 200 feet and there has been one (1) response in favor of the request. Public Hearing Rev. John McKellar, Pastor of White Chapel Methodist Church, was present to represent the Church. Rev. McKellar said the portable buildings are needed for immediate classroom space and the buildings meet building code for the Texas Industrialized Housing Certification. i� P P4 im 40 Board of Adjustment Meeting Page 2 ism August 26, 1993 ew it Agenda Item #4 continued Rev. McKellar said to construct a permanent building at this time would create a hardship. T. J. Miller, associate, spoke on the request and stated the on building will be tied down properly with tie down straps and hard im surface parking and sidewalks will be in place. There will not be a permanent foundation, the reason being future expansion needs. ,0 There was no other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed. The finding were stated by Joe Bentley that due to the location of the portable buildings on the premises and due to the unique circumstances regarding the the master planing process yet to be finalized and the likelihood of relocation of the portable building IN on the lot that the requirements for permanent foundation and masonry facade not necessary to protect the health, safety and welfare of the public and would impose an unnecessary hardship on .. ,.., the applicant. +• A motion to grant a Special Exception Use Permit for two (2) portable buildings ZBA Case # 183 was made as requested with *� specific waver of permanent foundation requirements and the masonry facade requirements. Motion: Bentley Second: Reynolds Ayes: Reynolds, Hobbs, Minder, Bentley, Joyce Nays: None Vote: 5 - 0 to Grant Agenda Item # 5 ZBA CASE #184 Variance ZBA Case # 184 a variance to Ordinance No. 480, Section 10.5 (g) which requires a minimum lot width of three hundred feet (300') for lots in the "RE" Residential Estate District to allow a minimum lot width of 303'. The location is the North side of Bob Jones Road iW between North White Chapel Blvd. and T. W. King Road and legally described as 6.00 acres situated in the R. D. Price Survey, Abstract No. 992, Tract 4A. The owner/applicant is R. Craig Saunders and Elizabeth A. Rohr -Saunders. A presentation was made by Karen Gandy, Zoning Administrator. Mrs. Gandy stated that six (6) notices were sent to property owners within 200 feet and there was no response. ow %wo. Public Hearing it 10 Board of Adjustment Meeting Page 3 August 26, 1993 Agenda Item #5 continued Richard DeOtt, Engineering firm of Teague, Nall, Perkins, was on present to represent the Saunders to answer questions from the OW j board. Mr. DeOtt stated the actual frontage of the lot is 203.51 feet. 0 There was no other person wishing to speak either in favor or in im opposition to the request. Public Hearing Closed. The findings for Case # 184 were stated by Joe Bentley. The evidence presented by the applicants demonstrates that a 1W literal enforcement of the terms of the zoning ordinance on the property in question would impose an unnecessary hardship, in that compliance with the terms of the ordinance would act to prevent development of the property by denying issuance of a building permit due to the width of the lot being less than the required minimum of 300 feet, and that this lot is otherwise suitable far development on the basis of area, and yard area available, and other applicable regulations; and that the general purpose and intent of the ordinance is to +� *4,✓ promote and encourage compatible and desirable development throughout the city; aw an and furthermore, that special conditions and circumstances exist which are peculiar to the land, structure(s) or buildings (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 upon the applicant(s) 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 regarding a variance have been met by the applicants; 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 purpose and intent of the zoning ordinance and will not be injurious or otherwise detrimental to the public welfare. A motion was made to grant ZBA Case #184 a Variance as requested with findings as stated with the variance being up to 100 feet. Motion: Second: Ayes: Nays: Vote: Reynolds Minder Towler, None 5 - 0 to Minder, Reynolds, Bentley, Joyce grant 10 4R ,40M., im Board Of Adjustment Meeting August 26, 1993 Agenda Item # 6 Discussion: Board of Adjustment Procedures A discussion was held on Board of Adjustment Procedures. Agenda Item # 7 Meeting Adjourned. With no objections the Chair deemed the meeting adjourned. Meeting Adjourned 8:15 P.M. n Bryson, tended the meet i g and prepared the minutes ATTEST: Sandra L. LeGrand City Secretary Page 4 1H on FINDINGS of the BOARD of ADJUSTMENT 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 , 14 ............ ....... ........ ........................ woL&lJ NC.. �� �reve!n;�.... �Ue� ,gyp+ ��' -i��....... ........................................ ........ ..........�? .............................. I Q di .... .... ..... kF ...... w..!. A......: .... uLt ;....... � 3 C)49 ...... �-J .. ...... �!..��................!rc ...!! ram..... �,n;;........... T 6L `!?-.'O . ffi.:G,!� .G1:�.. ..:! ."?:...... 65.0 ..... .... r� ��.....��...Cl�....... .. ..� .. ............................................................................................................... ............................................................................................I................ ............................................. I................ ................................................. ....................................................................................... ........I.............. ....................... .......................... ........................................... I........................ and that the general purpose and intent of the ordin nce is .7.P............ .................................... .............. ............................................. .................... ................ . . a................................................................................... ......................... ""`*.............................................................................................................. 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 confer „-Pon the applicant(s) 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 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 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: Secretary to the Board City of Southlake, Texas +�+ MEETIN SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE: M IN 40 im h 10, F Ow" Ylr A�4 IN go go NAME ADDRESS TELEPHONE AGENDA ITEM Ia✓` ��� �� I orA, 7$/ _ Ki' �5 c � P-) w 1 (6' y 33C-9M t, L S 10