1992-05-28
4"
CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
May 28, 1992 7 P M
MEMBERS PRESENT: Arthur Sorenson, Chairman; Joe Bentley, Robert
+w Downard, Fred Joyce, Karen Reynolds, Alternate #1 and Sharon Hobbs,
Alternate #2. (Mr. Joyce stepped down for Agenda Item # 5, Sharon
Hobbs voted only on Agenda Item # 5)
7 MEMBERS ABSENT: Dennis Minder
STAFF PRESENT: Greg Last, City Planner; Tom Elgin, Planning
Intern; and Jean Bryson, Building Secretary.
Agenda Item # 2 Approval of the Minutes.
With no objections, Mr. Sorenson, Chairman, deemed the minutes of
the March 12, 1992 approve.
Agenda Item # 3 Administrative Comments.
i
None
r„r Agenda Item # 4 ZBA CASE # 147, Request for variance.
ZBA Case # 147 a request for a variance to all setback requirements
for the "SF-20B" district as described in ordinance 480, Section
14.5 to allow all the original setbacks for Dove Estates, being
twenty-five (25' foot front and rear yards and each side yard not
less than ten (10%) percent of the width of the lot and not less
than five (5') feet nor more than fifteen (15') feet.
The location of the request is 1306 Lakeside Drive, being Lot 1,
Block 3, of Dove Estates. The applicants are Peggy Ann Thom and
Michael Dale Troutt
A presentation was made by Greg Last, City Planner. He reported
that eighteen (18) notices were sent to property owners within 200
feet. There was one (1) response in favor of and one (1) response
in opposition of the request.
Public Hearing.
Marla Looney, of the M. L. Realty represented the applicants and
was in favor of the granting of the variance to all setback
requirements.
Beth Epperson, 1326 Lakeside Drive, objected to the fifteen (15')
foot side yard because of the lot being a corner lot.
Public Hearing Closed.
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Board of Adjustment Meeting Page 2
May 28, 1992
Agenda Item # 4 continued.
After a lengthy discussion by the board, a motion was made to grant
the request for a variance to all setback requirements for the
"SF-20B" district as described in Ordinance 480, Section 14.5 and
to allow all the original set backs for Dove Estates.
The findings were stated that special conditions and circumstances
exist which are peculiar to the land, involved and which are not
applicable to other lands in the same district. That literal
interpretation of rights commonly enjoyed by other properties in
the same district requested will not confer on the applicant any
special privilege that is denied by this ordinance to other lands
in the same district.
Motion: Sorenson
Second: Bentley
Ayes: Bentley, Downard, Joyce, Reynolds, Sorenson
Nays: None
Vote: 5-0 to grant
Agenda Item # 5 ZBA CASE #148, Request for height approval.
ZBA Case # 148 a request for height approval for three (3)
flagpoles not exceeding thirty-four (34') feet as required by
Ordinance No. 480, Section 33.5 (a). The property is located at
104 Regent Court zoned R-PUD, legally described as Block 1, Lot 5,
Stone Lakes Phase I,. The owner applicant is Drees Homes.
A presentation was made by Greg Last, City Planner. Mr. Last
reported that four (4) notices were sent to property owners within
200 feet and there was one (1) response in favor of the request.
Public Hearing.
Mike Jurecka, Home Consultant, Drees Homes stated that the actual
flag poles height was thirty (30") feet.
There was no opposition
Public Hearing Closed.
After a lengthy discussion a motion was made to grant Case # 148
the request for height approval for three (3) flagpoles not to
exceed thirty-four (341) feet as requested.
Motion: Downard
Second: Reynolds
Ayes: Bentley, Downard, Reynolds, Hobbs, Sorenson
Nays: None
Vote: 5-0 to grant
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Board of Adjustment Meeting page 3
May 28, 1992
Agenda Item # 6 ZBA CASE # 149, Request for variance.
ZBA Case # 149 a request for a variance to Ordinance No. 480,
Section 34.2 (e) which limits the heights of an accessory structure
to 14 feet. The proposed height of the structure is 20.5 feet and
located at 1070 Harbor Haven legally described as Lot 19, Block 4,
Harbor Oaks Subdivision. The owner applicant is Steve Chitwood.
A presentation was made by Greg Last, City Planner. Mr. Last
reported that nine (9) letters were sent to property owners within
200 feet. There were two (2) responses in favor of the request.
Public Hearing.
Mr. Steve Chitwood, owner/ applicant, located similar structures in
the Harbor Oaks Subdivision from a visual presentation. Mr
Chitwood stated that the intended use was first (lst) floor storage
and second (2nd) floor a hobby room.
There was no opposition to the request.
Public Hearing Closed.
After a lengthy discussion a motion was made to grant Case # 149 a
variance to Ordinance No. 480, Section 34.2 (3) as requested for
the proposed height of the structure 20.5 feet; a 6.5 foot variance.
Mr. Sorenson stated the findings that special conditions and
circumstances exist which are peculiar to the building involved and
which are not applicable to other buildings in the same district.
* That literal interpretation of rights commonly enjoyed by other
properties in the same district requested will not confer on the
applicant any special privilege that is denied by this ordinance to
other buildings in the same district.
Motion: Sorenson
Second: Joyce
Ayes: Downard, Joyce, Reynolds, Sorenson
Nays: Bentley
Vote: 4-1 to grant
Mr. Bentley comments were:
1. The wording of the Zoning Ordinance #480
Section 34.2 (e).
2. Recommend P & Z and Council review the provisions
for height approval.
3. Recommend Provisions be incorporated into Use
by Special Exception.
rr 4. Recommend height approval be removed from the
44 present context (Variance).
IA
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Board of Adjustment Meeting page 4
May 28, 1992
Item # 7 Meeting Adjourned.
With no objections the Chair deemed the meeting adjourned.
Meeting adjourned 8:15 P.M.
Arth r orenson, Chairman
Q:V- ~x '~&kn<Aft4u
a)IqWn Bryson,
ttended the mee ing and prepared the minutes
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ATTEST:
=1+ : • :CA= andra L. LeGrand
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A-111 TEXAS COUNTY PFUNTWO i SERMES
In the name and by authority of
The State of Texas
OATH OF OFFICE
I, SHARON HOBBS , do solemnly swear (or
affirm), that I will faithfully execute the dudes 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.
SWORN TO and Subscribed before me by on this
day of
104~1
ignature of Person Administering Oath
Sandra L. LeGrand
SANDRA L. LeGRAND
Notary Public Printed Name
STATE E PT021 03 Notary Public
Title
A-111 TEXAS COUNTY MNTNQ a SERVICES
1
In the name and by authority of
1 The State of Texas
1
OATH OF OFFICE
DENNIS MINDER
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
6 of the United States and of this State, so help me God.
SWORN TO anSubscribed before me by ~J on this
d` day of , 191;
w Signature of Person Administering Oath
SANDRA L. WRAND Sandra L. LeGrand
Notary Public Printed Name
STATE OF TEXAS
■ MY Comm. EXP. 02AA/93 Notary Public
Title
A-111 row COUNTY PPoNTWO a URVICEB
P1
In the name and by authority of
The State of Texas
OATH OF OFFICE
1, FRED JOYCE , 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.
SWORN TO and Subscribed before me by on this yi
day of ,19101
Signature of Person Administering Oath
SANDRA L. LeGRAND
• Not#ry Public Sandra L. LeGrand
STATE OF TEXAS Printed Name
Nry Game. Exp. 02/193 Notary Public
Title /10
6