1990-02-26
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CITY OF SOUTHLAKE
667 N. Carroll Avenue
® BOARD OF ADJUSTMENTS MEETING
February 26, 1990 7:30 P.M.
BOARD MEMBERS PRESENT: Art Sorenson, Chairman; John Scoggan, Vice
Chairman. Members: Joe Bentley, Robert Downard, Ernest Johnson
ABSENT: Alternate 1, Dennis Minder; Alternate 2, Bill Stoner.
CITY STAFF PRESENT: Director of Public Works, Michael Barnes;
Zoning Administrator, Karen Gandy; City Attorney, Allen Taylor;
Building Secretary, Jean Bryson.
Agenda Item # 2 Approval of Minutes
Motion was made to approve the minutes of the January 22, 1990
Board of Adjustments meeting.
do Motion: Bentley
Second: Johnson
' Ayes: Bentley, Downard, Johnson, Scoggan, Sorenson
Nays: None
Approved: 5-0 vote
Agenda Item # 3 Administrative Comments
No comments were made to this agenda item.
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Agenda Item # 4 Case # 82 consider an appeal.
Purpose of the hearing is to consider an appeal of the
Administrative official's decision to deny the use of a
manufactured house in the Agricultural Zoning District for the
purpose of Family Quarters. Owners are Jack and Barbara J. Rudduck
location at 217 Lilac Lane, Southlake, 4 acres out of the 0. W.
Knight Survey, Abstract No. 899, Tract 2C.
A presentation was made by Karen Gandy, Zoning Administrator, who
stated the Rudducks' have elderly parents, that they wish to house
on their property in a manufactured home. In reviewing their
application determination was made per Ordinance #480 that this
was not an allowed use in the Agricultural District. Eleven
letters were sent to property owners within 200 feet with 4
responses, 2 favorable (Pulliam & Marriott) 2 unfavorable (Noyes &
Nickbow representing Bear Creek Communities, Inc.).
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Attending and speaking on behalf of the appeal were Barbara, Jack,
GR Scott and David Rudduck, 217 Lilac Lane, Southlake Pat Ketchum,
i/ sister of Barbara Rudduck, 3000 Post Oak, Euless.
Mrs. Rudduck stated that her parents are ill and are now living in
Dallas, they are unable to leave a door or window open because of
the crime in their present area and due to night blindness they are
unable to go out at night.
Board of Adjustments Meeting
February 26, 1990
page two
Agenda Item # 4 continued
The need to care for her parents and allow them to maintain their
independence can be justified if allowed by this city to place a
manufactured home, approximately 1450 square feet that would appear
as a pool house or guest house and would not be visible from the
street or side yard.
j Allen Taylor, City Attorney, presenting the City's position in
upholding decision of the Zoning Administrator stated that case #82
is for authorization to place a manufactured home on agricultural
zoned property. The zoning administrator determined that the
property had the AG Zoning, and that there existed a single family
structure on 4 acres. The placement of the manufactured home on
this property would be a second single family structure violating
ordinance #480 in limiting the usage of 1 single family structure
in the AG 'Zoning. The zoning administrator has correctly
interrupted the ordinance and her decision should be validated by
this board. In the event if the board did not up hold the decision
of the zoning administrator you would in essence be saying that all
agricultural zoning could have additional single family residence
established on it.
The city staff feels the request should be denied. The primary
issue is multiple structures going into the agricultural zone but a
~1Vf clear secondary issue is this being a 1450 square foot manufactured
house. That is manufactured for a single family and is to be
placed as a separate structure on this property. The specific
provisions in Section 29.1 of the ordinance specifically provides
that mobil homes and manufactured housing may only be placed in the
MH zoning district unless specifically authorized elsewhere in this
ordinance. Section 44.12 enumerates the powers and options for the
board in granting exceptions. The location of mobil homes and
manufactured housing is not specifically permitted.
Close Public Hearing.
The board expressed the ordinance is very specific in the
provisions in Section 29.1 on mobil homes and manufactured housing
and sympathetic to the applicants; however the board has no leeway
because of the wording of the ordinance but to uphold the decision
of the Zoning Administrator.
A motion was made to uphold the Zoning Administrator decision to
deny the use of manufactured housing in the Agricultural Zoning
District for the purpose of family quarters.
Motion: Johnson
Second: Bentley
Ayes: Bentley, Downard, Johnson, Scoggan, Sorenson
Nays: None
Vote: 5-0
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Board of Adjustments Meeting
February 26, 1990
page three
49
Agenda Item # 5 Case # 83 Request for Special Exception Use
A request for a Special Exception Use Permit for family quarters
per Ordinance No. 480, Section 44.12 (n). Request is made by Jack
and Barbara Rudduck, owners. 217 Lilac Lane, Southlake 4.0 acres
out of the 0. W. Knight Survey, Abstract No. 899, Tract 2 C.
A presentation was made by Karen Gandy, Zoning Administrator.
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Allen Taylor, City Attorney, stated if this request was for a 1000
square foot or smaller stick build conventional type home than this
would be perfectly in conformance with this special exception of
Section 44.12 (n) to grant this special exception for family
quarters.
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do Barbara Rudduck ask for a specific reading of the City Attorney, as
she understands that the 1456 square foot manufactured home does
an not meet the ordinance; however, she could approach the board again
asking for family quarters not to exceed 1000 square feet.
Mr. Taylor stated, that under Section 44.12 of the ordinance the
board is permitted to allow the construction of a single family
" conventionally built structure for family quarters no larger than
1000 square feet in size than this board is authorized to grant
this special exception.
Mrs. Rudduck expressed the desire to approach the board at a later
date meeting the requirements of the ordinance.
Public Hearing Closed.
A motion was made to deny the application for special exception for
.r family quarters as set forth in Case # 83.
Motion: Bentley
Second: Downard
40 Ayes: Bentley, Downard, Johnson, Scoggan, Sorenson
Nays: None
14 Vote: 5-0
Mr. Bentley suggested that that the board might consider directing,
Mr. Sorenson, Chairman, to approach the council with the problems
and the ideas uncovered here and that the council take some of
al their time and reconsider where residence have hardships concerning
family. The council may want to review the square footage and the
type of structure for family quarters. They may want to introduce
the ECHO housing. Mr. Sorenson asked, Mr. Bentley to spearhead
this suggestion and said he would gladly present the findings to
the council for consideration.
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Board of Adjustments Meeting
February 26, 1990
page four
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,q Agenda Item # 6 Meeting Adjourned
The meeting was adjourned by Mr. Sorenson at 8:50 P. M.
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Art o nson, Chairman
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ended meeting and prepared minutes
ATTEST:
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Sandra L. LeGrand
City Secretary
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Cottage concept
hits home with 'SENIOR DIARY
retirees, elderly r
SENIOR housing shortage. ;n which°1~
By Frsdt KONY manyYounger coupled ~
Seto me,nrrs HERALD STAB tlara~ apartments behind the his is a way to keep an aging
FrM E-1 homes of their parents. sees
YOU REIZRE, that you mwe. So ECHO housing ,s a logical ex- parent nearby, near a support system,
nary people #Mnir, tension of the faanily supper- '
A more accurate picture, droned- codea adopted in July, ECHO system near friends.
ing to Carsus Bureau data, studies by units now are permitted as spe- Dickson ethos that semti-
the American Association of Retired cial exceptions to single-family .tent envisioning ECHO hous• B11Y Tobian
persons and research by WW senior zoning in certain districts. inn as just one of the alteena-
advocacy groups. is As leg as tLryIM Mw revision. basically dined tive housing options that could : Hatt and Tobian see the -nie a have been too fes
in the' ECHO housing concept as one options for People faced writ!
able, older people prefer to make ]hoes- at servant quartets and gauge be spawned growth
ing and lifestyle adjustimherhes within the apartments in riumbeas of older citirsas. step in that direction. having to place a famdY reeno-
hones and neighborhoods tiny already the city. takes Census Bureau projections Many older people own bar in a nursing home or retire-
ment center.' Tobian says
occupy. into account indicate people 65 and older' their homes." Hart says. 'They
'Mast people want to the growing are expected to txnmpnse pore are a part of their neighbor- -'this is a way to keep an aging
a stay put Ws a natural = need for the than 20 percent of the nati°n's hood, and it's part of them. If parent nearby. near a suppor
imcilnation.' says Edna ECHO con- population by 2030. it's the use of a widow. she system rear 1lrietnds One of
g Hart of Dallas, a arm- ceps, says Ray In Texas, not only are the el-' may not want or be able to af- this subcommittee's roles is tc
l bar of the Dallas Sams Couch of the drily. the fastest growing mg- ford the upkeep of a large get the woad out about the new
Affairs Commission's city's depart- merit of the populatim but the house. But her children could code
subcommittee an bos- meet of plan- state is the third-most-popular move into the main house and Dickson says AARP coulc
in& whose membership is examining ~p~y~ ning and de- destination among three who for the price of a year's any in lend is asOiianoe. 'It's going
housing a[ta~flves fbr the Cry's older rs4r4reaa velopmaht To migrate and. by some esti- a good nursing home. you to take some educational work
Call- could build a separate living on explaining ECHO housing.
mates. may soon overtake
population- One alternative of which more psq* - KLLY date, no units have been forma for the No. 2 spot behind- area in back Thee are a lot of how it works, how you gc
take advantage, the subcommittee erected as a re- Florida. , people who can't afford the about getting the RPr spi em
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is a revision of the manicipal suit of the new code, he says Within the decade. the state's luxury retirement centem but proval-" she says
MWft code that allows eotstnretion of •I think it's largely a matter over45 population is expected as homeowners they may be a concept for this area, and it's
ECHO (elderly cottage'bousing oPPortah- of people not knowing about to inceaae by 1 million to R little too well off to qualify for possible some public forums
nity) housing in Dallas • it,' suggests SAC housing sub- million. The Committee an Se 4 public assistance. This could be will be needed."
Simply put, an ECHO house is a sepa- committee member Beverly nior Services appointed by; a valuable alternative for Couch says .requests for
rate- self-contained unit designed 1br In- Tobian. 'This just seems to be Mayor Annette Stress in 1988] them.' ECHO construction. will gc
stallatlon in the back yard of an existing a wonderful opportunity. an af- estimated the over-65 popuia- The subcommittee, chaired through the Dallas Board of
home. It permits doson to hmdb or fordable alternative for people tion in Dallas was increasing at by Ruby Hawk, is part of the Adjustment's usual four- tc
relatives without sacrificing indePm- with aging parents or other rel- a rate of more than 7,800 a larger Sens Affairs Commis- seven-week Processing, indud-
dence or self-reliance. says Barbara Dick' atives. It allows you to stay year. Sion created by the Dallas City tug approval of constructior
son, associate area representative for near your family and caregivers Measures of the growth. au- Council in February to act as Plans, inspections, nodfiotior
AARP's five-state Region VII headquar while maintaining indepen- thorities say, are the number of an advisory panel, in the devel- of neighbors within 200 feet o:
tern in Dallas dente with what amounts to retirement-complex projects opment of municipal programs the proper site and conduc
Part of the comprehensive overhaul of having " own living quar launched in Dallas in recent for older reddens. Creation of ing a public !raring. The appli.
here.- your - months, keyed to upper -9 the SAC was recommended by cation fee is $430. Addition:
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FAWW tee i80K E-2 It's a new concept with an come seniors. However, People the Mayo's Commnittee on Se- information and applications
andent history. Hat says. Oth- of more modest imcoar will nior See'ice& which disbanded can be obtained by contacting
E er communities, primarily on look to other alternatives, Dick- after wbmitW* its report on the City Building Inspector's
l the coasts, long have used the son suggests. 'We're an aging an array of older citizen geeds Office, 320 L Jefferson, or b.,
I idea under such names as society and the big gap we're Establishing criteria for ECHO cailirhg 948.4480•
I 'granny cottages" or 'mother- facing a affordable housing." housing through code reviski s phtat ge& is editor of SF
in-law- lousing. -r hem will have to tre other was among the Panel's sugges- Tea= a m oridd ' pubJieavo:
Hart, recalling World War II alternatives.' she ays tt tioas. for peopk 30 and older.
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CITY OF SOUTIII.AKE
NOTICE TO INTER MM PROPERTY OWNERS
HOARD OF ADJUSI%fl lVT CASE # 83
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Dear Property Owner:
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A request for a variance has been filed with the Board of Adjustment of the
City of Southlake. A Public Hearing on the matter will be held on Monday,
February 26, 1990 at 7:30 p.m. in the City Council Chambers at City Hall,
667 North Carroll Avenue.
4
Purpose of the hearing is to consider a request for a Special Exception Use
for Family Quarters per Ordinance No. 480, Section 44.12 (n)
The request is being made by Jack R. and Barbara J. Rudduck , owners of the
property at 217 Lilac Lane being legally described as 4.00 Acres
No
out of the 0 W Knight Survey, Abstract No 899, Tract 2r
do You are urged to attend or submit your views on the matter in writing or by
on representative.
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If you know of any interested property owner who for any reason has not received
a copy of this letter, it would be greatly appreciated if you would inform them
of the time and place of this hearing.
Very truly yours,
City of Southlake Board of Adjustment
- - - - - - - - - - - - - - - - CUT HERE- - - - - - - - - - - - - - - - - - - -
The following form may be filled out and mailed to the City of Southlake, 667 North
Carroll Avenue, Southlake, Texas 76092.
CASE # 83
I am (in favor of) (opposed to) (undecided about) the request for the following
reasons:
SIGNATURE:
✓ ADDRESS:
CITY OF SOUTHLAKE
n
Y NOTICE 70 IMMU TED PF1OPERTY OWRS
HOARD OF ADkJUS11M CASE # 82
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Dear Property Owner:
A request for a variance has been filed with the Board of Adjustment of the
City of Southlake. A Public Hearing on the matter will be held on Monday,
February 26, 1990 at 7:30 p.m. in the City Council Chambers at City Hall,
667 North Carroll Avenue.
Purpose of the hearing is to consider an al of the Administrative Official's
dcision to ^ the use of a manufacture in the Agricultural district• for
The naxpase f amilI. 9rt rs
The request is being made by Jack R. and Barbara J. %0duck , owners of the
property at 217 Lilac Lane being legally described as 4,00 acres out
of the O.W. Knight Survey. Abst. No. 899. Tract 2C •
You are urged to attend or sutmit your views on the matter in writing or by
di representative.
If you know of any interested property owner who for any reason has not received
a copy of this letter, it would be greatly appreciated if you would inform them
of the time and plaice of this hearing.
Very truly yours,
City of Southlake Board of Adjustment
- - - - - - - - - - - - - - - - CUT HIRF" - - - - - - - - - - - - - - - - - - - -
' The following form may be filled out and mailed to the City of Southlake, 667 North
Carroll Avenue, Southlake, Texas 76092.
CASE #82
I am (in favor of) (opposed to) (undecided about) the request for the following
46 reasons
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SIGNATURE:
ADDRESS:
Ave
40