1991-10-24
CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
October 24, 1991 7:00 P. M.
MEMBERS PRESENT: Arthur Sorenson, Chairman; Ernest Johnson, Vice
Chairman; Joe Bentley, Robert Downard, and Fred Joyce.
MEMBERS ABSENT: Dennis Minder, Alternate # 1 and Karen Reynolds,
Alternate #2.
STAFF PRESENT: Betsy Elam, City Attorney; Karen Gandy, Zoning
Administrator; and Jean Bryson, Building Secretary.
Agenda Item # 2 Approval of the Minutes.
With no objections Mr. Sorenson deemed the Minutes of October 10,
1991 approved as corrected.
Agenda Item # 3 Administrative Comments.
Karen Gandy, Zoning Administrator reported that there are 5 ZBA
Cases for the November 14, 1991 meeting.
Mr. Sorenson reported as Chairman; he spoke to the Southlake
Ledership Group.
Agenda Item # 4 ZBA Case #137 Variance to the maximum height.
ZBA Case #137 a variance to the maximum height requirement of 14
feet for accessory buildings per ordinance No. 480, Section 34.2
(e). The proposed building height is 23 1/2 feet. The location is
1027 Diamond Blvd. Block 4 Lot 9 in the Diamond Circle Estates and
currently zoned "SF-lA". The owner/applicant is Doug Strickland.
A presentation was made by Mrs. Gandy, Zoning Administrator. She
reported that ten (10) notices were sent to property owners and
there have been 4 written responses all in favor of the request.
Public Hearing
Mr. Doug Strickland, owner/applicant was present and had no
additional comments.
With no objections
Public Hearing Closed
City Attorney, Betsy Elam, answered the Board's previous concerns.
She stated that accessory uses were "uses by right' and that
special exception uses were "those uses deemed appropriate in some
districts and locations". Approval of the Special Exception Use
' for Family Quarters removed this structure from the regulations
established for accessory uses.
Board of Adjustment Meeting Page 2
PR October 24, 1991
Agenda Item # 4 continued.
Attorney Elam, further stated that the City Attorney's office felt
it would have been a defensible position had the Board chosen to
address the height issue when reviewing the Special Exception Use
for Family Quarters. However, since the issue was being addressed
separately as a variance, the Board must answer all four questions
required by ordinance before granting the variance.
After a lengthy discussion a motion was made to grant Case # 137 as
requested, a variance to the maximum height requirement of 14 feet
for accessory buildings per Ordinance No. 480, Section 34.2 (e).
The findings were stated 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: Bentley, Downard, Joyce, Johnson, Sorenson
L Nays: None
Vote: 5-0 to grant
I^
L Agenda Item # 5 Proposed Amendments to Ordinance No. 480.
P" The board discussed the proposed Amendments to Ordinance No. 480
with the City Attorney, Betsy Elam.
Agenda Item # 6 Board of Adjustment Rules of Order, Procedure,
and Conduct.
The board discussed the Board of Adjustment Rules of Order,
Procedure and Conduct with the City Attorney, Betsy Elam.
Agenda Item # 7 Meeting Adjourned.
With no objections Mr. Sorenson, Chairman deemed the meeting
adjourned.
Meeting Adjourned 9:50 P. M.
Board of Adjustment Meeting Page 3
October 24, 1991
s
Arthur enson, Chairman
J n Bryson
tended meeting and prepared the minutes
ATTEST: r
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andra L. LeGrand
City Secretary 'sue
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