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1990-07-09 CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENTS MINUTES July 9, 1990 7:30 p.m. BOARD MEMBERS PRESENT: Ernest Johnson, Vice-Chairperson. Members: Joe Bentley, Robert Downard, Stephen Apple, and, Fred Joyce (Alternate #2). BOARD MEMBERS ABSENT: Art Sorenson, Chairman and Dennis Minder, im Alternate #1. am CITY STAFF PRESENT: Director of Public Works, Michael Barnes; to Zoning Administrator, Karen Gandy; and, Sandra L. LeGrand, City Secretary. The regularly noticed meeting was called to order at 7:30 p.m. by Ernest Johnson, Vice-Chairperson of the Board of Adjustments, who read the procedures of the Board of Adjustments for the benefit of the audience and board members present. A quorum was present, as confirmed by the City Secretary. Agenda Item #2, Approval of Minutes The Minutes of the June 11, 1990, Board of Adjustments meeting, were deemed approved as their were no corrections or omissions to the minutes. Agenda Item #3, Administrative Comments The Zoning Administrator, Karen Gandy, read a letter she received w• from Art Sorenson, applicant for agenda items #7 and #8, indicating a request that the items be continued during the regularly scheduled Board of Adjustments meeting, to be held on July 23, OR 1990. Motion was made to continue Case #103 and #104, until the July 23, 1990 Board of Adjustment Meeting, at the request of the applicant.Motion: Downard Second: Apple Ayes: Downard, Apple, Bentley, Joyce, Johnson Nays: None Approved: 5-0 vote (to continue). Member, Joe Bentley asked that the items be discussed 'R during this meeting, with no intention of action being taken tonight. He added, that he will not be able to be present for the meeting of July 23, 1990. i~ C ~r tr Board of Adjustments Meeting err July 9, 1990 page two Agenda Item #4, Case #100, Request for Variance to Set-Back go Requirement for Marce Gordon. Zoning Administrator, Karen Gandy, stated that Case #100 is a request for a variance to the rear yard setback of forty feet as required by the SF 20 A Zoning District. The property is located at 908 Shadywood and is legally described as Block 4, Lot 2, Chimney Hill, Phase I. Gandy added that four letters were sent to property owners within 200 feet, to date, there have been no responses or inquiries. The plans were submitted to the Building Department for review, prior to the building permit being issued, and possibly was not noticed by city staff. The plans were not circulated through the zoning administrators office. Marce Gordon, applicant, stated he is the builder of the lot. He feels it was an over site by all parties concerned. He stated that Mr. Barnes gave him permission to continue construction when the j error in the set back requirement was discovered, stating that it would go before the Board of Adjustments. During the public hearing, no comments were received either for or against the request from the audience. Motion was made to grant the variance based on the findings: I~r 1) the requirements of Section 44 of the ordinance have been met by the applicant for the variance, 60 2) the reasons set forth in the application justify the variance, 3) granting of the variance will be in keeping with the general purpose and intent of the ordinance and will not be injurious to the neighborhood or j detrimental to the public. Motion: Bentley Second: Apple Ayes: Bentley, Apple, Downard, Johnson, Joyce Nays: None Approved: 5-0 vote. W Mike Barnes, Director of Public Works, pointed out that city staff is now working under a "routing slip" and this will not happen again. low, %fte Board of Adjustments Minutes July 9, 1990 C page three Agenda Item #5, Case #101, Request for variance to yard set-back for Industrial Life Insurance Company Karen Gandy, Zoning Administrator, noted that Case #101 is a request for a variance to the yard setbacks as required by Ordinance No. 480, Section 15.1 SF 20 B Zoning District. The request is to allow the original setbacks per Ordinance No. 161, A-2 Zoning District, which was the zoning ordinance in place at the time Dove Estates was developed in 1970. The property is located at 1326 Lakeside Drive, being legally described as Block 3, Lot 2, Dove Estates. f Gandy noted that thirteen letters were sent to property owners within 200 feet, to date, their have been no responses or inquiries. Janara Talbott of Lou Hillman Realtors, was present for the meeting, representing the applicant. Ms. Talbott stated that the way the lot is now, under the current zoning ordinance, makes the +r~ lot basically unbuildable. Public Hearing: Dave Folsom, Remax Realtors, spoke in favor of the request, stating all the other homes in the addition are built under Ordinance No. 161, or the basic ordinance when the subdivision was developed. No comments were received against the request. w. rr Board member, Robert Downard, stated he feels this request is a duplicate of Case #98 and #99, which came before the board a short time ago. Alternate Board member, Fred Joyce, agreed that the way the lot is would make it unbuildable if Ordinance No. 480 were adhered to. Motion was made to grant the variance requested, based on the following findings: 1) the requirements of the ordinance were met by the applicant, 2) the reasons for the request set forth are justified, 3) granting of the request would be in harmony with the existing neighborhood Motion: Bentley Second: Downard + Ayes: Bentley, Downard, Joyce, Apple, Johnson Nays: None Approved: 5-0 vote to w Board of Adjustments Meeting C July 9, 1990 page four Agenda Item #6, Case #102, request for site plan approval for Fina Oil and Chemical Company Karen Gandy, Zoning Administrator, introduced Case #102, stating the request for site plan approval for the demolition of an existing building and the construction of a new 11' X 31' building approximately fifty feet to the south. The property is located at 2400 Highway 26, being legally described as 21.61 acres out of the C.B. McDonald Survey, Abstract No. 1013 and the P.R. Splane Survey, Abstract No. 1453. She stated that the property is currently zoned Industrial-2 with a Special Exception Use for petroleum use. Six letters were sent to property owners within 200 feet, and to date, she has received no inquiries or responses. A discussion was held by the board, as to whether or not to hear this case based on the absence of a representative of the applicant being present to answer questions for the board. !~1 Motion was made to table Case #102, time certain July 23, 1990. based on the absence of a representative of the applicant to answer question for the board. Motion: Bentley Second: Downard ' Ayes: Bentley, Downard, Joyce, Apple, Johnson Nays: None " Approved: 5-0 vote (to table) Vice-Chairman, Ernest Johnson, asked the Zoning Administrator, to notify Fina Oil and Chemical Company of the continuance. A short recess was held at this time. Agenda Item #7 and #8, Discussion of Case #103 and #104. Mr. Johnson stated that Board Member Joe Bentley wished to discuss Case #103 and Case #104, as he will not be present for the next Board of Adjustments Meeting. Joe Bentley said, "I have looked at this request and tried to place himself in the place of the applicant and how he might be feeling, as a neighbor in the area and the impact it will have on the neighborhood and also, as a member of the Board of Adjustments and how it will fit into the ordinance and the responsibility of applying the ordinance to the over all plans of the city. C ~w Board of Adjustments Minutes July 9, 1990 page five ~r Agenda Items #7 & #8 Continued As in any request, the first thing you look for is the hardship, 0 because without the hardship, there is no grounds to act. I think the argument is well taken and that a hardship exists. I looked at it as a perspective buyer, and looked at the way the house sits on the lot, I view it as awkward , and I feel the argument creates a hardship and is well taken. I suggest redrawing the property line. The pivoting of property line accomplishes a correction for most of the hardship problem. How much do you pivot, without tilting the scale. There is room for debate on how far should the lot line change without going to far. By changing the property line, you could balance out the square footage of the lot line. He feels this is where he feels the board should go, if they in fact feel there is a hardship." w "Without the Board granting a variance, the Council and Planning and Zoning Commission cannot hear the case, because the conditions are below the standard minimums. Once the variance is given, then the Council act in the replatting. Without getting into who supports the petition, if one person or one hundred are opposed, it makes no difference," stated Bentley. On Bentley reviewed the facts of the petition and stated, in going through the first five questions, only one merits debate. Should the lot maintain existing nonconformance. °A Mr. Apple stated that he does not know Mr. Sorenson, and to r irr discuss the point of hardship, for purposes of discussion, so that he can learn, he added, that he visited the site and the fence ~w there now at the side of the existing house extends straight out, so if there is no house built on Lot 7, then there is no hardship. Sorenson has a beautiful yard with site from the back and the side yard, if there were to be a fence on the property line, there would be a hardship. The question as he see's it, is, does a hardship 46 exist or will there be a hardship created, if they were to build on Lot 7. Bentley stated, he feels when we look at questions like this, we should always project toward the future. Presently Mr. Sorenson owns both lots. It is totally within his rights to sell one or both lots. Because it is not obvious today, does not indicate that a hardship does not exist. iii ilrl Board of Adjustments Minutes July 9, 1990 page six Agenda Items #7 and #8, Continued Mr. Apple asked, back when the house was built, was there a City OR Council and Board of Adjustments, why was the house built in that W location. Karen Gandy answered, she had not done a lot of research on the lot, but possibly when the house was built, fell under another ordinance, with different lot sizes and set back requirements. Fred Joyce stated the average lot size in Continental Park Estates may vary because several lots are very large, however, fall in the flood plane. Ernest Johnson stated he understands the need for the board to grant a contingency variance so that the Board of Adjustments and City Council can consider it, however, its always tongue tying and confusing, and it is always reassuring if the City Attorney could restate that from time to time. He knows what the answer is, but somehow its backwards. In regards to the curved lot line, if you take the tree symbols (on the plat) which is 60% toward the back lot line and curve the lot line to make a dog leg, may serve the purpose and even out the square footages of the lots. Case #103 and #104, have previously been voted upon to be continued during the July 23, 1990 Board of Adjustments Meeting. Agenda Item #9, Discussion: Change in Meeting Day for B of A ft A discussion was held in regards to a possible change in the meeting day for Board of Adjustments. ON to Board Member Joe Bentley suggested if possible, he feels the board should get their packets as soon as possible, in order for them to have more time to study the information. Ernest Johnson noted that he would like to see the board meet only once per month on a regular basis, with special meetings scheduled only when necessary. The discussion will be further discussed during the next Board of Adjustments Meeting. wd w i M Board of Adjustments Minutes July 9, 1990 page seven Agenda Item #10, Adjournment The meeting was adjourned at 8:45 p.m. by Vice-Chairman, Ernest -Johnson. Joe- Ernest Johnso , Vice-Chairman ATTES~uvq,+rn~uu++''~~ an a L. LeGrand City Secretary OWN, , Ir '%rr" w City of South lake, Texas t M E M O R A N D U M July 2, 1990 TO: Board of Adjustment Members FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZBA Case #102 ZBA Case #102 is a request for site plan approval for the demolition of an existing building and the construction of a new 11' x 31' building approximately fifty (501) feet to the South. The request is being made by Fina Oil and Chemical Company, the owner of the property. r The property is located at 2400 Highway 26, being legally described as 21.61 acres out of the C.B.McDonald Survey, • Abstract No. 1013 and the P.R. Splane Survey, Abstract No. 1453. The property is zoned Industrial-2 ("I-2") with a Special Exception Use for petroleum use. Err There were six (6) letters sent to property owners within 200 feet. To date, there have been no responses or inquiries. KPG CITY OF SOLTIBLAKE 1 667 N. Carroll Avenue Southlake, Texas ZONING BOARD OF ADJUSIMENTS RBQUEST FOR APPEAL NAME: for FINA OIL ANDCNC-MICALCo. FEE: $50.00 2 S ADDRESS:- 1`l U& ~201315~ TELEPIM NUMBER: . 2 I - 7 7~l~I ~i LOCATION OF APPEAL: (address/legal description) 8 j6;44WA ilk REASON FOR APPEAL: (describe in detail) r"l ntJg Y" l c t _ c ? j L t~ J r~1 !A (--:-e5 ~ L-21 UC -r 1 ~ E 2U I up I f') tJ01'`T ~1 ~Chl GT I ti(~I `~T r~ EFtort~_tLl `2 Jam--'. f• DATE: SIGNATURE: ~i ~d~ 44 CASE NO. . WlS,rAAL \ LAR Z TROPHY CLUB - GRAPEVINE - ~(e ~4roo -T- - 1 RR~ Ill JONES No ON not it N[CR 011 1 POSSUM HOLLOW Jti 2 DE RO IN w q It~ S BERVER AV I E 13- CRAMS 5 MAKE W e W SI ~IDUElCy LEE $OUT• NTY NTT ' : p kIIRF TRAU ui THOUSAND OAKS : _ . 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ACCESS ATE /Ot 6 4w, TD ST. MVr. 1 2L SEPM TA1K 1 now AST~W.T x O 'Ih• mpow © I NEW SEPTIC TANK Po~oe PaLC ~ ~ . LT. PDt LT Pat Pivwc TAIK ~y.~ I ; V/ CMQA / ~•------79MDr LAC iC6D ELECTRICAL w>swr CDC PN01 A 1 / als 1 NEW LEACHING FIELD / rDD I ~ ~ ~ ~ ~ qR /S J Ile A rr w City of Southlake Memorandum d V July 8, 1990 JUL9 1990 TO: Board of Adjustment Members OFFICE OF CITY SECRETARY FROM: Continental Park Estate Residents SUBJECT : ZBA. Case #103 and #104 ~r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The undersigned owners of Continental Park Estates would like to record their opposition to the above subject ZBA. cases by the following concerns, questions and comments. 1) ~We believe Continental Park Estates is zoned as an R20 residential neighborhood. We, also, believe that if the above y* in fact is true, the absolute minimum lot size (based on cur- V rent zoning) would be 20,000 so ft. 2) Mr. Sorensons action regarding the above two properties will create a variance that did not exist prior to his re- platting. Mr. Sorenson, by requesting a redistribution of his property, falls under current zoning ordinances and even though he currently has a side yard of 7.5fdimension, he should be made to bring this variance up to current zoning standards of 15. 40 3) We would ask the board to look at the overall land mass in Continental Park divided by the number of lots to deter- mine the average lot size. Mr. Jordan states (for Mr. Sorenson) the 18,000 s ft rec,uest reduction is keeping with the general size of other properties in the subdivision. We homeowners believe that this fact will prove to be clearly untrue. 4) Existing owners, Gist lot #9, Ryan lot #10 and 11A. and Kelly lot #6 are the three property holders that abut the proposed lot 7, 18,000 sq ft. All threetindividuals control property in excess of 30,000 soy ft. 40 5) Since in essence Mr. Sorenson is replatting his property, should this matter not come before the Planning and Zoning Commission and City Council? We understand Mr. Sorenson currently sits on the Zoning Board of Adjustment. We realize due to his conflict of interest he will step down during the voting. rrr 6) From a historical standpoint, Mr. Jordan in layingcout:..arid designing his home was aware of configuration constraints. That is why he and his family owned lot #7 because there was never an intent for an additional home to be built on this property lot #7. See Fig. 1. ,rr Page 2 contd....... City of Southlake, July 8, 1990 A 7) Oakhurst Drive which currently contains 6 lots was poorly laid out to begin with and should not have contained more than 5 lots. .rr 8) Please be aware that Mr. Jordan is no longer a resident of Continental Park Estates and his backing and interest of err this variance is purely financially motivated due to out- standing debts owed him. In closing, we would strongly urge the Zoning Board of Adjustment to deny this recFest. We would trust that the city attorney would review all legalities regarding this matter. NAME ADDRESS 1~?VIA 1,1Ak 0-41 14e Z k. o v ~r Z I D~ ~Cwe e ~ao8 7 _3_ 4 ,0 In. the name and by the authority of C The State of Texas OATH OF OFFICE s~ I, FRED JOYCE , do solemnly swear (or err 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. red Jo c SWORN TO and Subscribed before me by Fred Joyce on this 9 day of July ' 19 90 4M Signature of Person Administering Oath (9061) Sandra L. LeGrand Printed Name City Secretary Title it See Reverse Side for Instructions In. the name and by the authority of The State of Texas OATH OF OFFICE r. I~ ERNEST JOHNSON , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of BOARD OF ADJUSTMENTS MFMRFR 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. Ernest John on Yr SWORN TO and Subscribed before me by Ernest Johnson on this 9 day of July ,19 90 + Signature of Person Administering Oath Sandra L. LeGrand Printed Name City Secretary Title See Reverse Side for Instructions ,Ar In. the name and by the authority of The State of Texas OATH OF OFFICE I, STEPHEN APPLE , 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. ANWI~ lir +~y,r Stephen Apple it . SV60RN TO and Sub4crimd before me by St o h P n A pp i P on this day of u y 19 40 AW 64'm J1 Signature of Person Administering Oath (2..1) Sandra L. LeGrand Printed Name w City Secretary Title See Reverse Side for instructions rr