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1993-12-16 CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING December 16, 1993 7 P M MEMBERS PRESENT: Fred Joyce, Chairman; Joe Bentley, Vice Chairman; Karen Reynolds, Dennis Minder, Sharon Hobbs, Alternate #1; Arthur Sorenson, Alternate #2. MEMBERS ABSENT: William 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 November 11, 1993 regular meeting approved as amended. Agenda Item # 3 Administrative Comments. 1111 Karen Gandy reported that the regular meeting of December 30, 1993 had been rescheduled to December 20, 1993. Joe Bentley asked about the delayed removal of the barn on South ■ White Chapel. Ms. Gandy reported the delay was due to the Historical Society's inquiry into the possible preservation of the structure. 40 Mr. Bentley asked if there was additional information regarding the 1 possible setback violations mentioned in agenda item #5. Ms. Gandy mentioned that no definitive answers had been derived from the limited research into the matter. It was established that procedurally, no variances had been granted to the properties in question and that possibly the violations occurred after the City approved the plot plans for construction or a previous interpretation of the "rear yard" could have been in place. Mr. Bentley stated that these violations are irrelevant to the case this evening, but he had been curious how they could have occurred. iw Agenda Item # 4 ZBA CASE #190 Special Exception Use Permit. Mr. Minder arrived at 7:25 p.m. and did not vote on this item. ZBA Case #190, Special Exception Use Permit for Family Quarters per Ordinance No. 480, Section 44.12 (1). The location is 1000 S. Peytonville Ave. legally described as Tract 9, Airpark Estates zoned "SF-lA" Single Family-lA Residential. The owner/applicants are Mikel D. and Sandra P. Faulkner. A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy reported that seven (7) letters were sent to property owners within 200 feet and there were two (2) responses all in favor of the request. A ili Board of Adjustment meeting page 2 December 16, 1993 Agenda Item # 4 continued. Public Hearing. Mikel D. Faulkner, owner/applicant was present and stated the request was for family quarters with primary use for parents. Mr. OR Faulkner asked the Board to consider that the property is just under five (5) acres. Bob Goode, 1080 S. Peytonville, stated he was curious who would live in the family quarters and he had no objections to the request. Mr. Goode did ask that Mr. Faulkner submit plans to the Airpark Estates homeowner association. There was no other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed. ~r Mr. Bentley stated the findings for ZBA Case # 190 as: The requested exception is specifically permitted by the zoning ordinance, as set forth in Section 44.12 (1); and The location of the proposed activities and improvements are clearly defined on the plot plan submitted in the case, or as otherwise required to be submitted; and Yrr Furthermore, the evidence before the Board clearly shows that the special exception will be wholly compatible with the use and OR 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 to grant a Special Exception ZBA Case # 190. 1 That the BOARD OF ADJUSTMENT of the CITY OF SOUTHLAKE, TEXAS pursuant to the findings set forth in this case, HEREBY GRANTS a in SPECIAL EXCEPTION to the terms of the ZONING ORDINANCE as it relates to the property located at 1000 S. Peytonville Ave., in Southlake, Texas and being legally described as Tract 9, Airpark Estates; Such SPECIAL EXCEPTION to be granted as follows: id A. Pursuant to the zoning ordinance, Section(s) 44.12 (1); and B. Thereby permitting the following: Construction of family quarters/domestic servants' as depicted in the plot plan; and C. Finally, the SPECIAL EXCEPTION is permitted, and shall be enforced, constructed, operated, maintained and/or otherwise s implemented with reference to the following attachments, which are hereby incorporated into this motion: WI Board of Adjustment Meeting page 3 December 16, 1993 Agenda Item # 4 continued. Attachment # Description One Plot plan Motion: Bentley Second: Reynolds Ayes: Sorenson, Reynolds, Hobbs, Bentley, Joyce Nays: None Vote: 5-0 to grant Agenda Item # 5 ZBA CASE # 191 Variance. Mr. Joyce stepped down for Case #191 and Mr. Bentley chaired. WN Case # 191, Variance to Ordinance No. 480, Section 14.5 (c) which requires a minimum side yard setback of fifteen feet (151) for property zoned "SF-20A" to allow a side yard setback of five feet (51) for a detached garage. The location is 210 Donley Court, legally described as Lot 32, Block 3, SouthRidge Lakes. The owner/applicants are Scott J. and Anne E. Morrison. A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy state ten (10) letters were sent to property owners within 200 feet. There were three (3) responses all in favor of the request. Public Hearing OR Mr. Scott Morrison, owner/applicant was present. Mr. Morrison made a slide presentation and reported that a building permit was issued for the pool house (an addition to the primary structure) and that the piers for the proposed garage had been placed while waiting on a permit for the garage. Mr. Morrison said the reason for the choice of location was the privacy for his neighbor and not to obstruct their view. Mr. Morrison stated that he had submitted his building plans and future building concepts to Mr. Robin McCaffey, an architect employed by Arvida (the developer of SouthRidge Lakes) and a member of the SouthRidge Lakes Architectural Committee. It was Mr. Morrison's understanding that the future additions, including the location of the proposed detached garage, would meet all setback requirements. Mr. Morrison stated that he reviewed the Declaration of Covenants, Restrictions and Easements for SouthRidge Lakes on several occasions. On page 1 of the document, read that the development was a "planned unit development." Ms. Gandy responded that SouthRidge Lakes is zoned "SF-20A" and has never been a planned unit development. Board of Adjustment Meeting page 4 December 16, 1993 Agenda Item #5 continued. There was no other person wishing to speak either in favor or in opposition to the request. Public Hearing Closed. The Board asked Ms. Gandy for an interpretation of "rear yard" as it specifically pertained to an accessory building. Ms. Gandy said that if any portion of the accessory building was in the rear yard then the building could be constructed as close as ten feet (10') from the side or rear property lines. However, if the construction occurred outside of the rear yard, the building must meet the side yard setbacks of the district. The Board asked Mr. Morrison if he had considered other locations for the garage, such as, the possibility of moving the building in and reducing the swimming pool area, moving the building to the rear approximately ten feet (10') so that only a corner of the garage was in the rear setback area (40' from rear property line) or locating the garage wholly in the rear yard. Mr. Morrison was not in agreement to do any of these options. Mr. Bentley stated the finding Case #191: The evidence presented by the applicant(s) fails to demonstrate that a literal enforcement of the terms of the zoning ordinance on the property in question would impose an unnecessary hardship in that alternative feasible building plans are available to the applicant. W A motion was made to grant ZBA Case # 191 as requested. bi Motion: Sorenson Second: Bentley Ayes: None Nays: Sorenson, Hobbs, Reynolds, Minder, Bentley Vote: 0 - 5 Motion failed Mr. Joyce was seated as Chairman. Agenda Item # 6 ZBA CASE #192 Variance. ZBA Case # 192, Variance to Ordinance No. 480, Section 14.5 (c) which requires a minimum side yard setback of fifteen feet (15')and Section 14.5 _(b) which requires a minimum front yard setback of di thirty-five feet (35;) for property zoned "SF-20B". The location is 1209 Oakwood Trail legally described as Lot 28, Block 2 OR Continental Park Estates. The owner/applicant is John L. Berry III. A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy stated there were sixteen (16) letters sent to property owners within 200 feet and there was no response. Board of Adjustment Meeting page 5 December 16, 1993 s Agenda Item # 6 continued. Public Hearing Mr. John Berry owner/applicant was present and requested a variance to allow the corner of the garage (new construction) to be within eleven feet (11') of the side property line and the front of the existing house to be inside the thirty-five foot (35') building line. Mr. Berry said the subdivision originally allowed a smaller side yard requirements because the other side of the house is nine feet eight inches (9'8") from the side property line. dd There was no other person wishing to speak either in favor or in opposition to the request. 4P Public Hearing Closed. Mr. Sorenson stated the finding for Case # 192 that special conditions and circumstances exist which are peculiar to the land, structure or building 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 *M✓ 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 Irr ordinance regarding a variance have been met by the applicants; and that the reasons set forth by the applicant justify the granting of go a variance, which is the minimum variance that will make possible the reasonable use of the land, structure or building; and finally, that the 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 to Grant a Variance ZBA Case # 192: 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 1209 Oakwood Trail; in Southlake, Texas and being legally described as Lot 28, Block 2, Continental Park Estates; such Variance to be granted as follows: A. The terms of the zoning ordinance are varied only in regard to Section (s) 14.5 (b) and 14.6 (c), as originally described by w Section 15.1; and Board of Adjustment Meeting page 6 December 16, 1993 Agenda Item #6 continued. B. Furthermore, the terms of the zoning ordinance are varied only to the extent necessary to permit the existing encroachments of the existing structures into the front yard and the side yard on the South property line, as depicted in the Plot Plan, and to permit construction of An addition to the existing structures as depicted in the Plot Plan; and di 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 ~r Motion: Bentley Second: Minder Ayes: Hobbs, Reynolds, Minder, Bentley, Joyce Nays: None Vote: 5-0 to grant Agenda Item # 7 Meeting Adjourned. With no objections the Chair deemed the meeting adjourned. Meeting Adjourned 9:15 P.M. Fred J e, airman i w JZn Ian Bryson, ttended the meeting and prepared the minutes ATTEST: T H L q F ~ ndra L. LeGrand City Secretary 3P~- Y. _ _ M~i~i ■ I IBS FINDINGS of the BOARD of ADJUSTMENT / 1 Re ZBA case number ?D The requested exception ~is~ specifically llpermitted by the zoning ordinance, as 2 set forth in Section(s) ..?.°.~Z...k.:.l : 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 1! OFFERED BY: ENTERED INTO THE RECORD BY: 4 retary to the Bo d ill 46 #R W 111 A MOTION to GRANT a SPECIAL EXCEPTION 00 gill 1 Re ZBA case number 1 O . 4W do 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 2 .orb Y.:. in Southlake, Texas, and 4ing legally described as 3 T rh. T.....IVIA) .....t. :!2P,42 S i ~5 : Such SPECIAL EXCEPTION to be granted. as follows: 4 A. Pursuant to the zoning ordinance, Section(s) 1~. 5 : and 6 B. Thereby permitting the following: ..U.~l.r.4t.. x1:1......4.)... ~(Artrt-~j 7 . P Pin 8 ...........~-a 9 10 11 12 13 14 15 16 17 IAI 18 and 19 Page ONE of Re ZBA case number- 4W 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 dd ONE Concept plan, or Plot plan +w 3 4 5 6 7 8 ADOPTED BY TH BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS THIS THE 16 tF\ DAY OF -1~)e-e- 6 r*- 1993. ow, 0a 10 S _ etary to the Bo rd 11 w~ - Chairm n ATTEST: 12 City Secretary 13 Page j w~ of ~I ~ ri ~w FINDINGS of the BOARD of ADJUSTMENT 1 Re ZBA case number 4PR i 15 v The evidence presented by the applicant(J)demonstrates that a literal enforcement of the terms of the zoning onance on the property in question would impose an unnecessary hardship, in that 2 ...Q~'..A.~... ~ll: ~.:.~l...t. ........D::~ ~ l 3 4 q 5 6 7 8 9 Wo .w 11 12 13 14 15 ; 16 17 18 19 20 21 d 22 ; -Owl wrP A MOTION to GRANT a VARIANCE 4" 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 2 ..1...... . in Southlake, Texas, and being legally described as r- 3 J'o-f-aa . Such VARIANCE to be granted as follows: A. The terms of the zoning ordinance are varied only in regard to 4 Section(s) 7........~.~....:'~'1........1°..J~...G ~.....~1.7...... v~.. 5 .......s. . and 40 B. Furthermore, the terms of the zoning or inance are varied only to th err 6 extent necessary to permit : ° ~.U$~.j.`.?: e"L S ctrl 7 .............:IlKI`~..:1.:... ......~~.'.O.Y. ...............j.. 8 ..:...ter r ........e 9 A5 ( /mil l 'W LA S lU 11 .........~M......5: ~.`.J`~~...... °7i..Kl.r?cT... . . S I.L rU i 13 r(AY.N 14 15 , and 16 Page ONE of id +d Re ZBA case number +ww /'1 2 Finally, the VARIANCE / 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 5 6 . 7 MR 8 ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS THIS THE DAY OF. 1993. w rr 10 S etary to the B rd 11 airma ATTEST: 12 City Secretary 4R 41 1T Page ~VV y 71 - - 13 of < 4R mi ' City of Southlake, Texas CITY C G SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING • - DATE: NAME ADDRESS TELEPHONE AGENDA ITEM J, MUSA) a a v~ Y !a b © w a.~ -5`Z 44 di I