Loading...
1993-09-30 CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING SEPTEMBER 30, 1993 7:25 P M 4" MEMBERS PRESENT: Fred Joyce, Chairman; Karen Reynolds, Sharon Hobbs, Alternate # 1; Art Sorenson, Alternate # 2. MEMBERS ABSENT: Joe Bentley, Vice Chairman; Dennis Minder, William A. Towler. STAFF PRESENT: Karen Gandy, Zoning Administrator, Jean Bryson, Secretary. Agenda Item # 2 Approval of the Minutes. With no objections, Mr. Joyce deemed the minutes of the August 26, 1993 regular meeting approved. Agenda Item # 3 Administrative Comments. There were no Administrative Comments. Agenda Item # 4 ZBA CASE # 185 Variance. Case # 185, Variance to Ordinance No. 480, Section 8.5 (c) which requires a minimum side yard setback of fifteen feet (15') for tar, structures constructed in the "CS" Community Service District to allow a minimum side yard of eleven feet (11'). The location is 940 S, Carroll Avenue, legally described as Lot 2, O. W. Knight No. 899 Addition. The owner/applicant is First Baptist Church of Southlake. ii A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy reported, City Council approved the rezoning on September 7, 0, 1993 and six (6) letters were sent to property owners within 200 feet with no written response. +R Public Hearing io John Sanders, President of JDS and Associates, said a variance was needed to allow the new structures to align with the existing masonry building along the North property line. In order to maintain the same building lines the variance request is also for the proposed addition to the east side of the present auditorium entrance for the addition of new office facilities. This will id maintain the similar new building character yet keeping in style with both the unique requirements of the project. The addition 40 will be approximately thirty-three (33') feet in length parallel to to the present North building and property lines. Iwo" Board of Adjustment Meeting page 2 September 30, 1993 frr Agenda Item # 4 continued. Mr. Sanders said, if the variance was not granted the existing building would need to be torn down which would place an undue hardship on the church and it would be economically unfeasable. There was no other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed. The findings were stated by Karen Reynolds 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 existing building encroaches into the required side yard. The expansion is planned to maintain existing building lines and the reduction in +~I building size would not allow enough space for reasonable use. The general purpose and intent of the ordinance is to conserve the value of the building; and furthermore, that special conditions and circumstances exist which are peculiar to the land, structure or building involved 'r 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 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. A motion was made to Grant a Variance to ZBA Case #185 in accordance with the findings and as requested. Motion: Reynolds 4-4 Second: Sorenson Ir Ayes: Sorenson, Hobbs, Reynolds, Joyce Nays: None Vote: 4-0 to grant Wr Board of Adjustment Meeting page 3 September 30, 1993 Yr Agenda Item # 5 ZBA CASE # 186 Variance. ZBA Case # 186 Variance to Ordinance No. 480, Section 35.6b which requires a parking ratio for Medical Professional Buildings as follows: eight (8) spaces for the first 1,000 S.F. of floor area plus one (1) space for each 150 S.F. over 1,000 S.F. of floor area. The request is to allow the ratio of one (1) space for every 250 S.F. of floor area. The location is the Southwest corner of Ills Commerce Street and East Southlake Blvd., and legally described as Lot 1, Block B, Commerce Business Park. The owner/applicants are Isak D. Gregory and Joe D. Gregory. * Karen Gandy made a presentation and reported that seven (7) letters were sent to property owners within 200 feet. There were two responses in favor of the request. Ms. Gandy stated that the property is Zoned I-1. Public Hearing. Rick Stacy, owner of the property to the South spoke in favor of the request. Mr. Stacy's calculations for occupancies for five (5) Doctors would be 95 required spaces and his thoughts were that the 115 spaces would be more than adequate. Joe D. Gregory, owner/applicant, said he is requesting a variance that will allow one parking space for each 250 square feet of building space. The property was purchased in 1987, and intending to build at least a 30,000 SF office building knowing that the state would be widening Hwy. 1709. Since all utilities were located on the South side of Southlake Blvd they were confident the State would condemn the property on the North side of the new road and would not take any property on the South. There is an Historical Graveyard on the North side of Southlake Boulevard and the State took all of the needed land to widen Southlake Blvd. from the South side. 40 Consequently the State took almost 30% of the lot which, coupled with the Southlake Parking Ordinance, makes it impossible to build a 30,000 SF office building as originally planned. Due to the interest of numerous physicians in locating in the new medical professional building, a request is being made for a variance that will allow a 25,000 SF office building with 115 parking spaces. ~rl The group of physicians are interested in sharing common space. If the variance is not granted and the parking ordinance enforced, a medical professional building could be built instead of a strip shopping center. all "WWI W ~1 Board of Adjustment Meeting page 4 September 30, 1993 ~r Agenda Item # 5 continued Isak D. Gregory, owner/applicant, said that the first impression is a lasting impression and coming from Hwy. 114 to Southlake Blvd. and seeing a nice professional building would be a lasting impression. The physicians are questioning the owners as to if and when so that they may extend their current lease of look elsewhere. 44 i No Opposition After a lengthy discussion a motion was made to continue the public hearing for ZBA Case # 186 until October 14, 1993 to allow the applicant time to revise the plot plan showing the relocation of 44 the building to the South to meet the setback requirements and to reassess the parking layout. Motion: Hobbs 4" Second: Reynolds Ayes: Sorenson, Hobbs, Reynolds, Joyce Nays: None 40 Vote: 4-0 to continue Public Hearing d Agenda Item # 6 ZBA CASE # 187 Special Exception. ZBA Case # 187 a Special Exception Use Permit for family quarters per Ordinance No. 480, Section 44.12 (1). The location is 171 Jellico Circle, being legally described as Lot 15, Jellico Estates. The owner/applicants are Wade H. and Patricia L. Landers. A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy reported that Seven letters were sent to property owners within 200 feet and there were two (2) written responses (1 in favor and 1 opposing the request). Ms. Gandy stated the property is Zoned Single Family 1 Acre (SF 1). Public Hearing. Wade Landers, owner/applicant, asked for a Special Exception Use Permit to provide secure more economical living quarters for his mother. By living separate but adjacent family members can be supportive of each other yet permit privacy. The location was selected as to not remove any trees. Nona Whitehead, 114 Jellico Circle, spoke in opposition. She had iM concerns as the proposed structure will be closer to her home than to the Landers. Ms. Whitehead believed there would be change to the characteristics of the neighborhood and that all the property owners in Jellico Estates should have been notified. ter, ft 44 1W Board of Adjustment Meeting page 5 September 30, 1993 +rrr Agenda Item # 6 continued. James Davenport, 118 Jellico Circle, had concerns this would set presidents and concern for the entire neighborhood to maintain a fare market value of their property. wR There was no other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed. A motion was made to grant ZBA Case # 187 a Special Exception Use Permit for family quarters as requested. Motion: Sorenson Second: Reynolds Ayes: Sorenson, Hobbs, Reynolds, Joyce Nays: None III Vote: 4-0 to grant Agenda Item # 7 ZBA CASE # 188 Variance. ZBA Case # 188, Variance to bufferyard requirements for property in the "C-2" Local Retail Commercial District per Ordinance No. 490, Section 42. The location is 1575 Southlake Blvd., legally described as Lot 2A, Block 1, Gorbutt Addition. The owner/applicant is Ernest E. Taylor. A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy reported that 5 letters were sent to property owners within 200 feet and there was one response. Public Hearing Ernest E. Taylor, owner/applicant, proposes placing pavement in the front of the existing building and extending it to the front of the building. Prior to the widening of F.M. 1709, there was no parking available in front of the building. The proposed construction would eliminate the required 10' Bufferyard along the highway frontage. Mr. Taylor said the widening of FM 1709 (Southlake Blvd.) has caused loss of parking space in the existing parking lot and it would place the entrance of the building facing directly to the i1 highway. A drive through with parallel parking would be a greater separation between the entrance and the new highway. It would allow clients to park in front and use the entrance to the building and would also provide Handicap Parking near the front entrance. The widening of FM1709 has made the building accessible to the new highway and may encourage customers to park their autos at the curb and enter the building through the front entrance. Board of Adjustment Meeting page 6 September 30, 1993 Agenda Item # 7 continued. There was on other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed. A Motion was made to approve the variance as requested. W Motion: Sorenson Second: Reynolds Ayes: None Nays: Sorenson, Hobbs, Reynolds, Joyce Vote: 0 - 4 to approve The board's reasons being Ordinance No. 480, Section 42.10. "In no event shall the following uses be permitted in a bufferyard: ' playfields, stables, swimming pools, tennis courts or similar facilities, accessory buildings, parking facilities, or trash dumpsters." Agenda Item # 8 Discussion: Board of Adjustment Procedures. *w^-W*+, Discussion: Board of Adjustment Procedures to be continued at the next meeting October 14, 1993. Agenda Item # 9 Meeting Adjourned. With no objections the Chair deemed the meeting adjourned. Meeting Adjourned 10:15 P.M. l' Fred , C irman e n Bryso , tended the meeting and prepared the minutes pttuuu~ ATTEST: tqt ny~ +111 y= Sandra L. eGrand City Secretary a~ SIN/11{Ig11tt +eR do "M City of Southlake, Texas dw METING SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING DATE: 1~AME ADDRESS TELEPHONE AGENDA ITEM MY .0 C, 4 ~i00/? 0 7 d/g ~r