1991-08-29
CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
August 29, 1991 7 P. M.
MEMBERS PRESENT: Arthur Sorenson, Chairman, Robert Downard, Dennis
Minder, Alternate # 1 and Karen Reynolds, Alternate #2.
MEMBERS ABSENT: Ernest Johnson, Vice Chairman; Joe Bentley, and
Fred Joyce.
STAFF PRESENT: Karen Gandy, Zoning Administrator and Jean Bryson,
Building Secretary.
Agenda Item #2 Approval of the Minutes.
With no objection or correction, the Chairman deemed the Minutes of
the June 27, 1991 Meeting approved.
With no objection or correction, the Chairman deemed the Minutes of
the July 11, 1991 Work Session approved.
With no objection or correction, the Chairman deemed the Minutes of
the August 15, 1991 Meeting approved.
Agenda Item #3 Administrative Comments.
Mr. Sorenson commented on the Ordinances and the Agenda.
Agenda Item # 4 Case #132, Request for a Variance.
Case # 132 request for a Variance to Ordinance No. 480, Section
33.14, requiring a minimum lot size of one acre for a private
sewage disposal system (P.S.D.S.) and subsurface drainage fields.
The location is 2419 Raintree Drive, 0.75 acres, Samuel Freeman
Survey, Abst. 525, eastern portion of Tract 5M. The
owner/applicant is Phillip L. Mummert, 747 Shady Lane.
A presentation was made by Mrs. Gandy, Zoning Administrator. Mrs.
Gandy reported that 7 letters were sent to property owners within
200 feet and there had been no response.
Public Hearing.
Mr. Phillip L. Mummert, owner/applicant, stated that he is the
owner of Tract 5M (2.0 Acres) and wishes to sell the eastern 3/4
acre as the 2 acres are now too much for him to mow and trim. He
also stated that he could not divide the lots into 2 one acre lots
and still maintain a serviceable back yard. Zoning was approved by
the City Council on July 16, 1991. A variance would be necessary
to Ordinance # 480 Section 33.14 requiring a minimum lot size of
one acre for a private sewage disposal system and subsurface
drainage field.
r~r~ r. nni
Board of Adjustment Meeting Page 2
August 29, 1991
Agenda Item # 4 continued.
There was no opposition to the request.
Public Hearing Closed.
A lengthy discussion was held by the Board after a review of
Ordinance # 480, Section 33.14; Ordinance No. 514, and Letter from
Wayne K. Olson, City Attorney dated July 11, 1991. Mrs. Reynolds
expressed concern with the wording of Ordinance #480, #514 & the
letter.
A motion was made to grant Case # 132 a Variance to Ordinance No.
480, Section 33.14.
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 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: Minder
Second: Downard
Ayes: Downard, Minder, Sorenson
Nays: Reynolds
Vote: 3-1 to deny the granting
A motion was made to Reconsider Case # 132 a Variance to Ordinance
No. 480, Section 33.14 the argument being motion failed because of
not having 4 affirmative votes and Mrs. Reynolds concern with the
verbiage om Ordinance # 480 Section 33.14 and ordinance # 514 and
the intent of Council and Mrs. Reynolds concern with the letter
written by the City Attorney dated July 11, 1991 and it's intent as
to reference to Lot of Record.
Motion: Downard
Second: Minder
Ayes: Downard, Minder, Reynolds, Sorenson
Nays: None
Vote: 4-0 to reconsider Case # 132
Mrs. Reynolds ask that her concerns be addressed by the City
Attorney. Mrs. Gandy will brief the City Manager before contacting
the City Attorney of Mrs. Reynolds concerns. After a length
discussion a motion was made to Table Case # 132 and continue
September 12, 1991 Board of Adjustment Meeting.
Page 3
Board of Adjustment Meeting
August 29, 1991
Agenda Item # 4 continued.
Motion: Sorenson
Second: Minder
Ayes: Downard, Minder, Reynolds, Sorenson
Nays: None
Vote: 4-0 to Table
Agenda Item # 5 Proposed amendment to Ordinance No.480.
A discussion was held on the Proposed Amendments to Ordinance No.
480 and other related Ordinances.
Agenda Item # 6 Board of Adjustment Rules of _Order, Procedure,
6 and Conduct.
r+ A discussion was held on the Board of Adjustment Rules of Order,
Procedure and Conduct.
Agenda Item # 7 Meeting Adjourned.
With no objections Mr. Sorenson, Chairman, deemed the meeting
000'11adjourned.
Meeting adjourned 10:30 P. M.
Arthur S nson, Chairman
3
0
Bryson
JJejiF
A Vended the meeting and prepared the Minutes
I
ATTEST: o•,,~•I V1 L'A ~
. ~ l~s
y
ZZ
' • '9s
andra L. LeGrand
City Secretary