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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Mrs Gandy announced the request for Case #126 to be withdrawn and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
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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. The mayor may administer oaths of office.
i
[Tex.Codes Ann., Local Government Code, section 22.042(d)]
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