1993-12-20
CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
December 20, 1993 7 P M
MEMBERS PRESENT: Fred Joyce, Chairman; William Towler, Karen
Reynolds, Sharon Hobbs, Alternate #1; Arthur Sorenson, Alternate #2
MEMBERS ABSENT: Joe Bentley, Vice Chairman; Dennis Minder
STAFF PRESENT: Greg Last, Community Development Director; Karen
Gandy, Zoning Administrator.
Agenda Item # 2 Approval of the Minutes.
Approval of the minutes of the December 16, 1993 Regular Meeting
will be continued until January 13, 1994 meeting.
Agenda Item # 3 Administrative Comments.
Mr. Gandy reported there were three (3) cases for the January 13th
meeting.
Agenda Item # 4 ZBA CASE #193 Variance.
ZBA Case #193, Variance to Ordinance No. 480, Section 14.5 (f)
which requires a minimum lot area of twenty thousand square feet
"rr+' (20,000 s.f.) for property zoned "SF-20B" to allow a minimum lot
area of 17,195.6 s.f. The location is 1204 Oakwood Trail legally
described as a portion of Lot 11, Block 3, Continental Park Estates.
The owner/applicant is Lee Stinson, d/b/a Texas Best Custom Homes,
Inc.
A presentation was made by Karen Gandy, Zoning Administrator. Ms.
Gandy stated there were fourteen (14) letters sent to property
owners within 200 feet. There was one (1) written response
undecided.
Public Hearing
Mr. Lee Stinson, owner/ applicant, stated that he was deceived by
the owner at the time Bobbie Skelton sold the lot to him. He
thought he bought the land to the dotted lines on the amended plot
exhibit (presented with the application).
Mr. Stinson said "he actually lost approximately nine feet (9') on
the South and five feet (5') on the North and as it is now he has a
useless lot, and the building was stopped by the City and the
w~ prospective buyers were wanting to proceed. The home will still
meet the SF-20B setbacks if plotted at 17,195.6 s. f.
%woe,
4
id
w
Board of Adjustment Meeting page 2
December 20, 1993
low.,.
s
Agenda Item # 4 continued.
Mr. Stinson said he purchased the lot from Bobbie Skelton in New
Mexico, and was given a survey prepared by Ted Hart Survey, there
was no title policy issued.
Rodney Ryan, 1206 Oakwood Trail, spoke in opposition of the
request. Mr. Ryan's said "he sold Ms. Skelton the amended size lot
and he felt the smaller lot was not in character with Southlake and
he will not sign the amended plat."
Mr. Ryan said, "Ms. Skelton sold the 5 ft. strip between Lot 11 and
Lot 12 after purchasing the lot from him."
■1
Mr. Ryan said, Ms. Skelton was conveyed a portion of lot 11
approximately two (2) years ago and had no intention of building.
Mr. Ryan said he purchased Lot 10 & Lot 11 to solve his own
sideyard setback problem. Mr. Ryan installed fence between Lot 11
r & Lot 12.
Mrs. Joan Dunbar, 1202 Oakwood Trail, acquired her property 12 1/2
years ago and assumed mortgage with no survey. The fence was in
place at time of purchase, and assumed that was the property line.
, She was unaware the location of the sewer line and pool equipment
were in the 5 ft. strip.
Mr. Stinson said he was willing to replace the fence and Ms. Dunbar
agreed to move the pool equipment and. He also stated the side
Yrr setback would be 25' on Mr. Dunbar's side and 15' on Mr. Ryan's
side.
There was no other person wishing to speak either in favor or in
opposition to the request.
Public Hearing Closed.
Findings were stated by Mr. Towler
~II1I 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; he cannot
utilize the property in the manner originally intended and for
which he purchased it and the City intended;
and that the general purpose and intent of the ordinance is to
allow reasonable use of the property to benefit of the neighborhood
and the City of Southlake;
Board of Adjustment Meeting page 3
December 20, 1993
Agenda Item #4 continued.
and furthermore, that special conditions and circumstances exist
'e 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
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 to grant a variance ZBA Case #193.
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 1204 Oakwood Trail, in Southlake, Texas
and being legally described as Lot 11, Block 3 Continental Park
Estates;
Such variance to be granted as follows:
Pr A. The terms of the zoning ordinance are varied only in regard to
Section 14.5 (f) which request a minimum area of 20,000 s.f.; and
B. Furthermore, the terms of the zoning ordinance are varied only
to the extent necessary to permit a lot of not less than 17,000
sf. This variance is subject to an amended plat acceptable to and
approved by the City of Southlake.
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: Towler
Second: Hobbs
Ayes: Sorenson, Hobbs, Reynolds, Towler, Joyce
Nays: None
Vote: 5-0 to grant
Board of Adjustment Meeting Page 4
December 20, 1993
Agenda Item # 5 Meeting Adjourned.
With no objections the Chair deemed the meeting adjourned.
Meeting Adjourned 9:17 P. M.
red J y e, Cha man
A
Karen Gandy
Attended the meeting
P. J Bryson,
repared the minutes
ATTEST: IrF.
o.
L1~: :N.
Sandra L. LeGrand nunu„aa``~~~
City Secretary
*..o
City of Southlake, Texas
" MEETING
SIGN UP IF YOU WISH TO SPEAK DURING THE MEETING
DATE: - a y
NAME ADDRESS TELEPHONE AGENDA ITEM
wo
.r`
4.
4"
4
FINDINGS of the BOARD of ADJUSTMENT
y~ 1 Re ZBA case number q _
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
2 1q ...........................7 oT.11z ?.........P~' iw Tom
3 :9W .1 kLY.....1 ? W..4-9 I92t/~ ...4 ?rS....~!l~?~!f
4 ....1.7 .......1 ! J.l. t ~ ..........~.l ,T......1
5
qR 6
do
7
8
9
+rr,„,+0
11
12
13
14
15
;
40 16 and that the general purpose and intent of the ordinance is
18 Z'. T? °1...... ' El~t.~.: ? ....l.:l ~.1.....
19
20
21
22
and furthermore, that special conditions and circumstances exist which are
illr ,
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 upon the
applicant(s) any special privilege that is denied by the zoning ordinance to
W
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.
40 OWN wr .
OFFERED BY:
1 J1
ENTERED INTO THE RECORD BY:
40
2
~/cretary to the Bo rd
+4
ri
a
OWN%"
A MOTION to GRANT a VARIANCE
)gi3
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
+w terms of the ZONING ORDINANCE as it relates to the property located at
~ )zoo d~Ktuo~ ~ 1'-
2 rSin-...c4?t/r/7!~29L~i9lcs outhlake, Texas, and being legally described d as
3 :
Such VARIANCE to be granted as follows:
A. The terms of the zoning ordinance are varied only in regard to
4 Section(s) J.y.5.. ........pl./I ...i sC.0- zt.:....~~
5 !ra . O~ ; and
i B. Furthermore, the terms of the zoning ordinance are varied only to. the
6 extent necessary to permit
- . .7 .....................6f... P
s ....7: X11........ YA..R~,......l.s...... 7.a.......fl
9 f r.~- ??~......a . ?...../Joe 0/?
10
11
12
14 13
14
15 : and
16 Page ONE of
,%WWII
46
Re ZBA case number
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
8
ADOPTED BY THE BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, TEXAS
THIS THE DAY OF 1993.
40 10
S tary tot a Bo rd
~r
~ 11
Chairman
ATTEST:
di 12
City Secretary
A0
4R
13 Page of