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1990-10-08 CITY OF SOUTHLAKE ii 667 N. Carroll Avenue BOARD OF ADJUSTMENTS MEETING October 8, 1990 7:30 P M sm BOARD MEMBERS PRESENT: Art Sorenson, Chairman; Ernest Johnson, Vice Chairman. MEMBERS: Joe Bentley, Robert Downard, Stephen Apple. Alternate #2, Fred Joyce was in attendance but not voting. ABSENT: Dennis Minder, Alternate #1 CITY STAFF PRESENT: Director of Public Works, Michael Barnes; Zoning Administrator; and Building Secretary, Jean Bryson. Agenda Item #2 Approval of Minutes A motion was made to postpone approval of the August 16, 1990 minutes until the next meeting. Motion Johnson Second: Apple Ayes: Bentley, Downard, Apple, Johnson Nayes: None Abstained: Sorenson Vote: 4-0-1 to postpone approval of minutes With no objection the Board gave contingent approval of the September 10, 1990 Minutes, for further review. Item # 3 Administrative Comments Chairman Sorenson noted the Board received the amendment to the ~r Zoning Ordinance 480-A for the portable building. Mr. Johnson requested the Board receive an updated Appendix B, "Permitted Uses" section as well, since it may apply. Also received the Zoning Guide. If any Board member wishes to add anything, ask any questions, etc., to the Zoning Guide, please forward to Mrs. Gandy for consideration. The City Attorney will also review. Mr. Johnson raised a question regarding the necessity of appointing a temporary replacement for Mr. Minder (Alternate 1) -who is a reservist called to active duty. Mrs. Gandy mentioned the next meeting will be October 22, 1990. Item # 4 Case # 111 Request for a variance Case # 111 a request for a variance to the rear yard setback of thirty-five (351) feet as required by the SF-20 A Zoning District. on w Board of Adjustments Meeting October 8, 1990 Page 2 r Agenda Item # 4 Continued A presentation was made by Karen Gandy, Zoning Administrator. Mrs. Gandy stated that the request is being made by D'Lightful Homes, Dan R. Light, president and owner of the property at 1205 Brazos Drive, being legally described as Block 2, Lot 5, SouthRidge Lakes, Phase II. Mr. Light owns Lots 4 and 6 on either side of this lot. He proposes situating the three (3) homes in such a manner as to allow each a view of the lake and maximize privacy in the rear yard. There were three (3) letters sent to property owners within 200 feet. To date, there has been one (1) response: Mr. Sean Randall, Vice President of Arvida Company, 111 SouthRidge Lakes Parkway, was in favor of the plot plan configuration. Mr. Dan Light, president/owner of D'Lightful Homes stated his company's purpose and intent in positioning the house on the lot as was demonstrated on the diagram presented to the Board, was to save as many trees as possible and provide aesthetic surroundings as well as privacy to the rear yards without building fences. He stated that Arvida's concept is to have the homeowners view trees and the natural beauty of the area rather than fences. Mr. Light stated that to build as one normally would, facing Brazos, would literally wipe out all the trees on the lot and have less privacy ON in the back yard because as someone drives down the street, they could be looking right into the back yard. Usually, to address the problem of privacy, a builder would erect a fence, but to satisfy Arvida's concept of a fenceless lot, D'Lightful proposes setting the house as proposed. In doing so, would maximize the natural beauty of the lot and create backyard privacy. He explained that one area of the lot drops down and is where he proposes to place the step-down garage. Mr. Light stated that he had sought and received the approval of Arvida's independent architect, Robin McCaffrey, for this plan. Mr. Johnson asked Mr. Light to clarify to the Board which trees would be saved. M Mr. Bentley questioned whether Arvida requires that entry into the driveway be from the cul-de-sac from Bosque to the circle, as opposed to Brazos. Public Hearing Sean Randall, Vice President of Arvida Company, 111 SouthRidge ! Lakes Parkway, answered "no" to Mr. Bentley's question regarding whether Arvida required coming off a cul-de-sac or coming off the main road. Board of Adjustments Meeting October 8, 1990 Page 3 Agenda Item # 4 continued Mr. Randall explained to the Board Arvida's review plan process for builders and the requirement that all plans must be approved by their architect, Robin McCaffrey, regardless of any other concerns. Mr. Randall stated that the City Ordinance regarding corner lots says the side with the least dimension is the "front of lot." But due to the way the house would lay out and its configuration with the rest of the street, particularly Bosque Circle, with everybody entering the subdivision viewing the back yard with entry into the garage, Arvida interprets the "rear yard" as the "side yard" (even though in direct conflict with City wi Ordinance) and propose a variance to the rear setback to accommodate a house placement that would provide a better-looking house, better-looking neighborhood and thus a more marketable product. Mr. Randall stated he feels the proposal ends up with the most unobtrusive place for the garage, maximizes the trees on the lot and allows for more privacy without impacting surrounding houses. There was no opposition to the request. Public Hearing Closed. Discussion was opened to the Board. Mr. Johnson verified platting was done Jan/Feb. '90. Mr. Johnson stated according to the diagram in the Zoning Ordinance regarding corner lots, there is a distinction between lot platted after effective date of Ordinance, which this would have been. The Ordinance talks about two front OR yards as opposed to prior where the front yard was called out as W the site of the least dimension. He asked if the Board is permissive under this case about what the owner construes to be the front; in which case it may be a different variance? Karen Gandy, Zoning Administrator, told the Board that the preliminary plat'was developed a year ago, probably March 189. The process was started with a preliminary plat before this Ordinance came into effect. The final plats have been a little bit different (picked up a lot here or there) but nothing significant between No preliminary and final plat. Mr. Johnson asked the question: Looking at the diagram, what does the Board consider the date of record for the purpose of saying it was before or after the lot was platted. Is it preliminary or final? According to Ms. Gandy, it is the second drawing. Ms. Gandy called attention to the Ordinance regarding the rear yard iii designation. It says, "...the side of least dimension, opposite the side of least dimension is the rear yard." It is very typical C of what the Board was considering. ON Board of Adjustments Meeting October 8, 1990 Page 4 it fw Agenda Item 4 continued City Attorney explained that the City staff applies this by the definition that the side with street frontage with the least dimension is the front lot. When it is a corner lot with two streets having frontage, what the City Ordinance use to require was only one front yard on one of the streets, the other frontage being a side yard. Now the Ordinance requires a front yard on the frontage and a second front yard on the side. (Ordinance, Page 4-6, last paragraph under "Corner Lots.") Looking at it from this standpoint, it is understandable why the rear yard is necessary where it is. Consider the setbacks on the lots of the Circle as essentially an extra wide side yard. Mr. Sorenson asked Mrs. Gandy what the reversed frontage corner lot was? She stated that the definition in this ordinance does not agree with the subdivision ordinance. The subdivision ordinance `r states, "All corner lots within municipal city limits will have setback lines on both streets equal to the front setback line as !R required by the Zoning Ordinance unless such lots align back to back with another lot which would allow both lots to show a side yard setback along the side street." So it describes two corners back-to-back; a two-lot deep block, 'which does not apply to this case. rr Mr. Sorenson then directed the Board to review page 4-17 in the Zoning ordinance, regarding the definition for yard front. It states, "In the case of corner lots which do not have reversed frontage," (this being one), "the front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of the depth required for second front yards in the district." It is assumed in this district that the second front yard is just as big as the first front yard. There is no instance in the City where the second front yard is not as big as a first front yard. Mr. Light detailed for the Board the other options he had explored in developing the house lay out, the various options for the garage placement and stated that the current plans seem to be the most !R appropriate due to their commitment to save as many trees as possible. Board members agreed that it was a unique circumstance with the shape of the lot, where the trees were situated, the slope of the land and believed granting the variance would be in harmony with the intended use of the area. Motion was made to grant the variance to the rear yard setback of thirty-five feet as required by the SF 20 A Zoning District. The resulting rear yard would be 21.8 feet. Board of Adjustments Meeting Page 5 October 8, 1990 w Agenda Item # 4 continued Findings stated were 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 buildings 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 buildings in the same district. Motion: Johnson Second: Apple Ayes: Bentley, Downard, Apple, Johnson, Sorenson Nays: None Vote: 5-0 to approve Agenda Item # 5 Meeting Adjourned. The meeting adjourned 8:30 P. M. Arthur J. Sorenson, Chairman W ~Ia-nBryson ttended meeting and prepared minutes Ilk LAIre ATTEST: = ? ndra L. LeGrand City Secretary i w~ Ili ~rri Ir~rrrr~~~~` -._-•r11~~rl~lllrlnfrO~i~~r~r~ rr~ ~r~ U ~ po r c W H 41 ¢ 6L A z _ w - ~n zo ra a Y Cn G; Q 3 •r d N onJ CL v W i