1991-09-12
CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
September 12, 1991 7 P. M.
MEMBERS PRESENT: Arthur Sorenson, Chairman; Ernest Johnson, Vice
Chairman; Joe Bentley, Fred Joyce, Alternate # 1, Dennis Minder;
and Alternate #2, Karen Reynolds. Mr. Minder and Mrs. Reynolds did
not vote. (all members present)
STAFF PRESENT: Karen Gandy, Zoning Administrator and Jean Bryson,
Building Secretary.
Agenda Item #2 Approval of the Minutes.
A motion was made to postpone approval of the minutes of August 29,
1991 until the September 26, 1991 meeting.
Motion: Bentley
Second: Johnson
With no objection Mr. Sorenson deemed the minutes to be approved at
the September 26, 1991 meeting.
Agenda Item #3 Administrative Comments.
There were no administrative comments.
Agenda Item
#4 ZBA Case # 132, Variance to Ordinance No. 480,
Section 33.14.
Case # 132 a 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, Abstract 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.
Mr. Sorenson asked Mrs. Gandy to construe the action by the Board
at the August 29, 1991 meeting.
Mrs. Gandy explained that a motion was made to grant Case #132 and
failed because of not having 4 affirmative votes. At this time
Mrs. Reynolds stated concern with the verbiage in Ordinance # 480,
Section 33.14 and # 514 and the intent of Council. Mrs. Reynolds
also had concern with the letter written by the City Attorney,
dated July 11, 1991 and it's intent as to reference to Lot of
Record. Realizing the questions and concerns the Board voted to
reconsider Case # 132 and voted to table Case #132 until September
12, 1991 meeting.
Board of Adjustment Meeting page 2
September 12, 1991
Agenda Item #4 continued.
Mrs. Gandy stated that she had spoken with the City Manager, Mrs.
Reynolds and the City Attorney.
Public Hearing.
Mr. Phillip L. Mummert, owner/applicant, stated he would answer any
question the Board might have and that he has nothing to add to his
statement at the August 29, 1991 meeting.
Public Hearing Closed.
After a lengthy discussion was held by the Board, a motion was made
to grant Case #132 a Variance to Ordinance No. 480, Section 33.14
with platting of the property.
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: Bentley
Ayes: Bentley, Downard, Joyce, Johnson, Sorenson
Nays: None
Vote: 5-0 to grant
Circumstances for approval:
1. City sanitary sewer unavailable. Will not be available
for several years.
2. Economically unreasonable for single lot developer to
provide sanitary sewer. A developer of a large
development could pass on the cost of the the sewer.
3. Area not platted. There are existing nonconforming
tracts that are less than one acre, They have septic
tanks and subsurface drainage fields.
4. Platting will be accomplished before building permit
issued.
Agenda Item #5 Proposed amendments to Ordinance No. 480
A discussion was held on the Proposed Amendments to Ordinance No.
480 and other related ordinances.
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Board of Adjustment Meeting page 3
September 12, 1991
Agenda Item #6 Board of Adjustment Rules of Order Procedure and
Conduct.
Mr. Sorenson presented the Board with a booklet of proposed Rules
of Order, Procedure and Conduct for the Board of Adjustment along
with a Worksheet: Select for index and/or glossary.
Agenda Item # 7 Meeting Adjourned.
With no other business to discuss a motion was made to adjourn.
Motion: Johnson
Second: Minder
With no objection Mr. Sorenson, Chairman deemed the meeting
adjourned.
Meeting adjourned 8:40 P. M.
Arthur o enson, Chairman
J n Bryson
if
the meeting and prepared the Minutes
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ATTEST:
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Sandra L. LeGrand
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City Secretary
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