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1991-05-30 E CITY OF SOUTHLAKE E 667 N. Carroll Avenue Vfto May 30, 1991 7 P M E MEMBERS PRESENT: Arthur Sorenson, Chairman; Ernest Johnson, Vice E Chairman, Joe Bentley, Robert Downard, Fred Joyce and Patty McCarty, Alternate #2. MEMBERS ABSENT: Dennis Minder, Alternate #1. STAFF PRESENT: Karen Gandy, Zoning Administrator and Eddie Wilson, Code Enforcement Officer/Building Inspector. Agenda Item # 2 Approval of Minutes. With no objections the chairman deemed the minutes of April 25, 1991 approved. Agenda Item # 3 Administrative Comments. Mrs Gandy announced the request for Case #126 to be withdrawn and there is a meeting scheduled for June 13th. Agenda Item #4 Case # 124, A request for a variance. Case # 124, a request for a variance to the SF-20B setbacks to allow the original setbacks per Ordinance No. 161: 25 feet in the front and rear and 10% of the width of the lot for the side yard setbacks. The location is 2990 Lake Drive, Block 1, Lot 6, Dove Estates. The owner is Jeffery R. Lawrence and the applicant is Brookville Homes. A presentation was made by Karen Gandy, Zoning Administrator. Mrs. Gandyreported that eleven (11) letters were sent to property owners within 200 feet with one (1) response in favor of the variance. Public Hearing. A representative was not present for comment. There was no opposition to the request. Public Hearing Closed. After a lengthy discussion regarding the absence of a representative and whether or not the case should be considered or be tabled, it was the consensus of the Board that they could proceed. They cited the following reasons: 1. The case had the same conditions and circumstances as the many cases already approved in Dove Estates. 2. They further stated that this was a unique circumstance, and they were not changing their procedural requirement of case representation. Board of Adjustment Meeting Page 2 May 30, 1991 Agenda Item # 4 continued. A motion was made to grant the variance to the SF-20B setbacks to allow the original setbacks per Ordinance No. 161: 25 feet in the front and rear and 10% of the width of the lot for the side yard setbacks at 2990 Lake Drive, Block 1 Lot 6 in Dove Estates. Mr. Sorenson stated the finding, that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or building in the same district. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in same district under the terms of this ordinance. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or building in the same district. Motion: Downard Second: Bentley Ayes: Bentley, Downard, McCarty, Sorenson Nays: None Abstained: Johnson (reason absence of a representative) Vote: 4-0-1 to grant Mr. Joyce was not available to vote. Agenda Item # 5 Case # 126 A request for a variance. E Case # 126, a request for a variance to the 30-foot side yard on Blanco Circle at Brazos Drive, Block 1 Lot 44, SouthRidge Lakes, Phase II. The location is 1100 Brazos Drive, owner/ applicant is EI Waterford Properties. Mr. Sorenson reported that Case # 126 had been withdrawn. Agenda Item # 6 Case # 127, A request for a variance. Case # 127, a request for a variance to the SF-20B side yard setback of 35 feet on Johnson Road at Overland Trail. The location is 601 Overland Trail, Block 2 Lot 16 in Vista Trails. The owner/applicant is Mary F. Pierce. A presentation was made by Karen Gandy, Zoning Administrator. Mrs. Gandy reported that ten (10) letters had been sent to property owners within 200 feet. There have been four (4) written responses; three(3) in favor and one (1) undecided. E Public Hearing. Linda Lavender, representing applicant and speaking in favor of the variance. 1 Board of Adjustment Meeting Page 3 May 30, 1991 Agenda Item # 6 continued. R. E. Smith, a neighbor, speaking in favor of the variance. There was no opposition to the request. Public hearing closed. After a discussion the board feels that a variance is not required as per ordinance # 480-C. The board asked that Mrs. Gandy write an opinion that a variance is not required as per ordinance # 480-C. (see attached) Mr. Bentley and Mr. Downard requested a ten (10) minute recess. Meeting resumed at 8:10 P. M. Mrs. Gandy stated concern about future decisions as such being challenged. A motion was made that definition made in 480-C addresses a case such as Case #127, a variance is not required and Case #127 is referred back to the Zoning Official. ' k. Motion: Joyce Second: Downard Ayes: Bentley, Downard, Joyce, Johnson, Sorenson Nays: None Vote: 5-0 Mrs. McCarty not eligible to vote. Agenda Item # 7 Meeting Adjourned. A motion was made to adjourn. Motion: Bentley Second: Downard With no opposition Mr. Sorenson deemed the meeting adjourned. Meeting adjourned 9:00 P. M. 41 Arthur Sc~r son, Chairman Eddie Wilson, Attended meeting ~IIg111111/Np„~/ 'Q:Pa;S J an Bry n, repared minutes H Lqq.j AT ST: ©S OA 10 andra L. LeGrand City Secretary L' , City of Southlake June 7, 1991 Mayor. Gary Fickes Mary F. Pierce 605 Overland Trail Mayor ProTem: Southlake, TX. 76092 Betty Springer Councilmembers: Re: Side Yard Setback along Johnson Road Richard W. Wilhelm 601 Overland Trail, being Block 2, Lot 16, Jerry Farrier Vista Trail Addition Sally Hall W. Ralph Evans Dear Ms. Pierce: City Manager. Curtis E Hawk This letter is written to clarify the proceedings at the Board of Adjustment meeting on May 30, 1991. Per City Secretary: the discussions, it was determined that no variance was Sandra L LeGrand required for the requested fifteen-foot ( 15 ' ) side yard setback on Johnson Road. The Board based this opinion on the amended definition of a "reversed frontage lot" approved by the City Council in Ordinance No. 480-C. Because the referenced lot aligns back-to-back with the adjacent lot which fronts on Cimarron Trail, it was determined that the appropriate side yard along Johnson Road would be fifteen feet (15'). It would seem reasonable that if a plot plan were submitted to the City which showed 15-foot side yards, a thirty-five foot (35') front yard and a forty-foot (401) rear yard, I could recommend issuance of a building permit based on compliance with these setback requirements of the zoning ordinance (Ordinance No. 480). Enclosed please find a refund check for Fifty dollars ($50.00), the fee for the variance request. Sincerely, CITY OFSOUTHLAKE GrvU~j. P4 Karen P. Gandy Zoning Administrator Enclosure 667 North Carroll Avenue • Southlake, Texas 76092 (817) 481-5581 • FAX (817) 481-0036 ~ ~ _ N U ~ t:] ~ E-- p Z tl] O Q J r.l v Z_ Z O ~ L ~ - i k.? :!7 J ~ 3 C] C i Z U' ~ C r L d d , N ip ~ ~ d ~s v r Liz Z _ ~ ` .a.-_ , ! ~ j I In the name and by the authority of The State of Texas 1 OATH OF OFFICE 1 ROBERT DOWNARD , do solemnly swear (or I, affirm), that I will faithfully execute the duties of the office of BOARD OF ADJUSTMENTS MEMBER _ of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. ' ~.'~Cw " Robert Downard SWORN TO and Subscribed before me by Robert Downard on this 13 day of J1 in P 19 - C1.. S gnature of Person Administering Oath (g..r) Sandra L. LeGrand Printed Name City Secretary Title See Reverse Side for Instructions O INSTRUCTIONS or affirmations made within this State 1. All oaths, affidavits, may be administered and a certificate of the fact given by: a. A judge, clerk, or commissioner of any court of record; b. A notary public; C. A justice of the peace or a clerk of a justice court; d. Any member of any board or commission created by the laws of this State, in matters pertaining to the duties thereof; e. The Secretary of State of Texas; f. An employee of the Secretary of State of Texas who has duties related to the reports required by Title 15, Election Code, in matters pertaining to those duties; 9. The Lieutenant Governor of Texas; h. The Speaker of the House of Representatives of Texas; and i. The Governor of Texas. [Tex.Rev.Civ.Stat.Ann., art. 26 (Vernon Supp. 1990)] 2. The mayor may administer oaths of office. [Tex.Codes Ann., Local Government Code, section 22.042(d)] O In the name and by the authority of The State of Texas OATH OF OFFICE I, ARTHUR SORENSON , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of BOARD OF ADJUSTMENTS MEMBER of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. L l Z'LZ~ v Arth Sorenson SWORN TO and Subscribed before me by Arthur Sorenson on this 13 day of June 19 _91 7 gnature of Person Administering Oath Sandra L. LeGrand rse.it Printed Name City Secretary Title See Reverse Side for Instructions 1 4 INSTRUCTIONS 1. All oaths, affidavits, or affirmations made within this State may be administered and a certificate of the fact given by: a. A judge, clerk, or commissioner of any court of record; b. A notary public; C. A justice of the peace or a clerk of a justice court; d. Any member of any board or commission created by the laws of this State, in matters pertaining to the duties thereof; r e. The Secretary of State of Texas; f. An employee of the Secretary of State of Texas who has duties related to the reports required by Title 15, Election Code, in matters pertaining to those duties; g. The Lieutenant Governor of Texas; h. The Speaker of the House of Representatives of Texas; and i. The Governor of Texas. (Tex.Rev.Civ.Stat.Ann., art. 26 (Vernon Supp. 1990)] 2. The mayor may administer oaths of office. (Tex.Codes Ann., Local Government Code, section 22.042(d)) i 1 In the name and by the authority of The State of Texas OATH OF OFFICE JOE BENTLEY , do solemnly swear (or I, affirm), that I will faithfully execute the duties of the office of BOARD OF ADJUSTMENTS MEMBER of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Joe Bentley l SWORN TO and Subscribed before me by Joe Bentley on this 13 day of J i mP '19 mac. J ~r S gnature of Person Administering Oath (s..r) Sandra L. LeGrand Printed Name City Secretary Title 1%W See Reverse Side for instructions 1 01 1 1 INSTRUCTIONS 1. All oaths, affidavits, or affirmations made within this State may be administered and a certificate of the fact given by: a. A judge, clerk, or commissioner of any court of record; b. A notary public; C. A justice of the peace or a clerk of a justice court; d. Any member of any board or commission created by the laws of this State, in matters pertaining to the duties thereof; e. The Secretary of State of Texas; f. An employee of the Secretary of State of Texas who has a~ duties related to the reports required by Title 15, Election Code, in matters pertaining to those duties; g. The Lieutenant Governor of Texas; h. The Speaker of the House of Representatives of Texas; and i. The Governor of Texas. [Tex.Rev.Civ.Stat.Ann., art. 26 (Vernon Supp. 1990)] 2. The mayor may administer oaths of office. ~n [Tex.Codes Ann., Local Government Code, section 22.042(d)] +91 i 1 4 i 1 In the name and by the authority of of Texas The State OATH OF OFFICE I, KAREN REYNOLDS , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of BOARD OF ADJUSTMENTS MEMBER of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and ' laws of the United States and of this State, so help me God. Karen Reynolds SWORN TO and Subscribed before me by Karen Reynolds on this 1_ day of T„ no 19 ignature of Person Administering Oath Sandra L. LeGrand (goal) Printed Name City Secretary Title See Reverse Side for Instructions O INSTRUCTIONS 1. All oaths, affidavits, or affirmations made within this State may be administered and a certificate of the fact given by: a. A judge, clerk, or commissioner of any court of record; b. A notary public; C. A justice of the peace or a clerk of a justice court; d. Any member of any board or commission created by the laws of this State, in matters pertaining to the duties thereof; e. The Secretary of State of Texas; f. An employee of the Secretary of State of Texas who has duties related to the reports required by Title 15, Election Code, in matters pertaining to those duties; g. The Lieutenant Governor of Texas; h. The Speaker of the House of Representatives of Texas; and i. The Governor of Texas. [Tex.Rev.Civ.Stat.Ann., art. 26 (Vernon Supp. 1990)] 2. 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