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1991-08-15 dd CITY OF SOUTHLAKE 667 N. Carroll Avenue Board of Adjustment Meeting August 15, 1991 7:06 P. M. MEMBERS PRESENT: Art Sorenson, Chairman; Ernest Johnson, vice Chairman; Robert Downard, Fred Joyce, and Karen Reynolds, Alternate # 2. MEMBERS ABSENT: Joe Bentley and Dennis Minder, Alternate # 1. STAFF PRESENT: Karen Gandy, Zoning Administrator, and Jean Bryson, Building Secretary. Agenda Item # 2 Approval of the Minutes. A motion was made to approve the Minutes of the July 25, 1991 work session. Motion: Johnson Second: Joyce rri With no objections Mr. Sorenson, Chairman, deemed the Minutes approved. Agenda Item # 3 Administrative Comments. Karen Gandy, Zoning Administrator presented the Board with a copy of Case # 132 and reminded the Board of the meeting on August 29th. Mr. Sorenson reminded the Board of the Memorandum concerning Training for Zoning Board of Adjustment Members on December 13, W 1991. M Agenda Item # 4 ZBA Case # 129 Request for a Variance. 60 Case # 129 a request for a variance to the required forty-foot (40') front yard setback in the "SF-lA" zoning district per Ordinance No. 480, Section 11-5 (b) to allow a thirty-five foot (35') setback at 3545 Carmel Court being legally described as Block A, Lot 4, Carmel Bay. The owners are John R. and Sandi Holzgraefe. A presentation was made by Mrs. Gandy, Zoning Administrator, and reported there were Eleven notices sent to property owners within 200 feet. One (1) written response from Mrs. W. H. Wilkinson, 3560 Burney Lane was infavor of the request. Public Hearing. John Holzgraefe, owner applicant, asked that he be granted the front setback of 35' platted in 1986 to Carmel Bay. A i' 4 Board Of Adjustment Meeting Page 2 August 15, 1991 Agenda Item # 4 continued. Kingston Armin, 3540 Carmel Ct., and Richard and Carol Lewis, 3570 J Carmel Ct., were in attendance at the public hearing and offered no opposition to the request. There was no opposition to the request. Public Hearing Closed. A lengthy discussion was held by the Board after a review of the front setback of each lot in Carmel Bay from information obtained from the building files. A motion was made to grant Case # 129 request for a variance to the required forty foot (40') front yard setback in the "SF-lA" zoning district to allow a thirty-five (351) front yard setback. v Mr. Sorenson stated the findings 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 the provisions of this ordinance would r deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. That granting to 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: Johnson Second: Downard Ayes: Downard, Joyce, Reynolds, Johnson, Sorenson Nays: None Vote: 5-0 to grant Agenda Item # 5 Case # 130 A request for Variance. W Case # 130 a request for a variance to the required twenty foot (20') side yard setback in the "SF-lA" zoning district per In Ordinance No. 480, Section 11.5 (c) to allow a minimum of eighteen feet (18') at 3545 Carmel Court being legally described as Block A, Lot 4, Carmel Bay. The owners are John R. and Sandi T. Holzgraefe. A presentation was made by Karen Gandy, Zoning Administrator and reported that 11 letters had been sent to property owners within 200 feet with no response. Public Hearing. John Holzgraefe, owner of the property, stated that the request for a side yard variance was made in case of error a variance was needed at the time of closing there would not be a delay. Board of Adjustment Meeting Page 3 k August 15, 1991 Agenda Item # 5 continued. I~1 Kingston Armin, 3540 Carmel Ct., and Carol and Richard Lewis, 3570 Carmel Ct., were in attendance at the public hearing, but offered no opposition. There being no opposition to the request. Public Hearing Closed. After a lengthy discussion a motion was made to deny Case # 130 the request for a variance to the required twenty foot (20') side yard setback in the "SF-lA" zoning district per Ordinance No. 480, P+ Section 11.5 (c) to allow a minimum of eighteen feet (18'). Reason being to deny was the now proposed site plan bares a twenty foot (20') side yard setback. r, Motion: Downard Second: Reynolds Ayes: Downard, Joyce, Reynolds, Johnson, Sorenson 111 Nays : None Vote: 5-0 Approve to deny request Agenda Item # 6 Case # 131 Request for a Variance. Case # 131 a request for a variance to the required side yard setback of twenty feet (20') in the "SF-lA" zoning district per Ordinance No. 480, Section 11.5 (c) to allow a minimum side yard of ten feet (10') at 1643 Royal Oaks Court, being legally described as Lot 14, Royal Oaks Addition. The owner/applicant is Warren G. Lloyd. A presentation was made by Karen Gandy, Zoning Administrator, and she stated that 10 letters were sent to property owners within 200 feet. There were two (2) responses in favor of the request and no opposition. Public Hearing. Warren G. Lloyd, owner, stated that the reason for the request was that he wish to extend the existing garage that is ten feet (10') from the side yard. When the existing garage was build, the interpretation of the "rear yard" was anywhere behind the rearmost portion of the primary dwelling. An accessory structure located within this area could be as close as five feet of the rear and /or side property lines. Mark LaCroix, 1645 Royal Oaks Court spoke in favor of the request. There was no opposition to the request. Public Hearing Closed W Board of Adjustment Meeting Page 4 August 15, 1991 Agenda Item # 6 continued. After a discussion a motion was made to grant Case # 131 a variance to the required side yard setback of twenty feet (20') in the "SF-lA" zoning district per Ordinance No. 480, Section 11.5 (c) to allow a minimum side yard of ten feet (10') at 1643 Royal Oaks Court. 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 the 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: Johnson Second: Joyce Ayes: Downard, Joyce, Reynolds, Johnson, Sorenson Nays: None Vote: 5-0 to grant Agenda Item # 7 Proposed amendments to Ordinance No 480. Tabled for further discussion at August 29th meeting. Agenda Item # 8 Board of Adjustment Rules of Order, Procedure and Conduct. Tabled for further discussion at August 29th meeting. Agenda Item # 9 Meeting Adjourned. With no objections Mr. Sorenson, Chairman, deemed the meeting adjourned. Meeting adjourned 9:30 PM , Arthur t3r'6nson, Chairman an Bry n tended meeting and prepared minu OV Z H L . AT EST: ''s andra L. 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