1990-05-14
CITY OF SOUTHLAKE
' 667 N. Carroll Avenue
BOARD OF ADJUSTMENTS MEETING
May 14, 1990 7:30 P.M.
BOARD OF ADJUSTMENTS MEMBERS PRESENT: Art Sorenson, Chairman;
Members: Joe Bentley, Robert Downard and Bill Stoner, Alternate #2.
MEMBERS ABSENT: John Scoggan, Vice Chairman; Ernest Johnson, and
Dennis Minder, Alternate #1.
CITY STAFF PRESENT: Michael Barnes, Director of Public Works,
Karen Gandy, Zoning Administrator; and Jean Bryson, Building
Secretary.
Agenda Item # 2, Approval of Minutes
With no comments or amendments to the April 23, 1990 Board of
Adjustments Meeting the minutes were approved.
Motion: Bentley
Second: Stoner:
Ayes: Bentley, Downard, Stoner, Sorenson
Nays: None
Vote: 4-0
Agenda Item # 3, Administrative Comments
Karen Gandy, Zoning Administrator, stated that the May 28 meeting
fell on a holiday and she ask that the meeting be moved to 7:30 PM
May 29th. With no objections form the board Mr. Sorenson deemed
the notification of the meeting.
Agenda Item # 4, Case # 89. Request for a variance
Case # 89 a request for a variance to the five-foot (5') side and
rear yard setbacks as required by Section 34.2 (a) in Ordinance No.
480.
The property is located at 700 Garden Court, being legally
described as Block 1, Lot 15, The Garden Addition.
The request is made by Northampton Homes, builder for the
prospective buyer, Alan Wood. The owner is Ann Hardy, a
representative for the James B. Stahala Trust.
A presentation was made by Karen Gandy, Zoning Administrator, who
stated that the prospective buyer proposes to place a tennis court
within two (2) feet of the rear and side property lines to avoid a
stand of trees. There were three (3) letters sent to property
owners within 200 feet. To date, there have been 2 responses; the
* Architectural Review Committee in favor of and Mr. Jesse Cobb of
r 1450 N. Shady Oaks in opposition.
Board of Adjustments Meeting
page 2
May 14, 1990
Agenda Item # 4, Continued
Public Hearing:
Roger Brown, 300 Trophy Club Drive, representing Northampton Homes
builder for the prospective home owners. Mr. Brown stated that the
rear property line is not as critical as the side yard to avoid
damage and trimming the trees. Mr. Brown, present a revised plot
plan that meets the required five feet (51) side and rear yard set
backs.
Mr. Downard ask the distance from the slab to the garage and Mr.
Brown stated that it was 5' to the garage from the slab. Mr.
Stoner stated concern of encroaching in the easement of problems
with the utility companies. Mr. Brown present the board with
letters from GTE, T U Electric and the Architectural Control
Committee of The Garden Addition and stated that all utilities
companies have been contacted and are willing to work out this
problem by installing future conduit for future years.
Jerell Shivers, 1800 North White Chapel, property owner on the
East, stated his concern if this request is granted how would the
AWk board make a decision if someone in the future wanted a variance of
this kind would it also be granted. Mr. Stoner stated that each
application is acted on separately.
Public Hearing Closed.
L Mr. Bentley stated the finding as being difficult to find the
hardship requirements in this case.
OR Mr. Sorenson stated the requirement to grant a variance.
ft
k motion was made to deny Case # 89, request for granting a
PR variance to the five-foot (51) side and rear yard setbacks.
Motion: Downard
Second: Bentley
Ayes: Bentley, Downard, Stoner, Sorenson
Nays: None
Vote: 4-0 to Deny
Case # 90. Request for a Special Exception Use Permit.
Case # 90 a request for a Special Exception Use Permit for
Petroleum Operation No. 490. Legal Description is 33.626 acres of
land out of the Harrison Decker Survey, Abstract No. 438, Tracts
1B1, 1B1C, and 1B1B. The owner is Conoco, Inc./CITGO Petroleum
Corporation.
J"k
Board of Adjustments Meeting
page 3
May 14 , 1990
Agenda Item # 5, Continued
A presentation was made by Karen Gandy, Zoning Administrator, that
the property is located on the north of Highway No. 26 across from
Grapevine High School, the tract is zoned Industrial-2 (I-2).
There were eighteen (18) letters sent to property owners within 200
feet. To date, there has been three (3) responses: 2 written,
Barbara Rhoades, 1229 Timberline Ct. and William Hutson, 1227
Timberline Ct. were in favor; 1 verbal: Mrs. Gollihugh, 1217
Timberline Ct. was in favor. Mrs. Gollihugh corrected Mrs. Gandy
and stated that she was not in favor. Mrs Gandy made mention of
the corrected site plan that has been submitted.
Public Hearing:
Jim Rau, 3100 Highway 26, representing Conoco, stated that this
process has been in existence for 6 months. The corrected site plan
should be complete for this request.
Ed Brown, Timberline Court, ask Mr. Rau what if the shroud does
not work. Mr. Rau stated that if the shroud fails I will find some
other way to take care of it, it should be out of your site and
the noise should be deflected back, the engineers have been
working on this for six months and we are ready to get started.
Mr. Brown stated that if it is good for the neighborhood and good
for the company than he is in favor of the request; however if it
does not work he would like for Conoco to make the changes.
Amy Heininger, 1217 Timberline, ask for a clarification on the
request. Mr. Sorenson stated that Conoco is a legal nonconforming
operation and the request for the Special Exception Use Permit for
Petroleum Operations is for a continuation of an operation that has
been existing for many years.
Public Hearing Closed.
Mr. Bentley asked when Conoco was annexed into the City of
Southlake. Mr. Rau stated that it was about 20 year ago that it
was annexed. Mr. Bentley ask when was Timberline annexed and
Mrs.Gandy stated that it was annexed in October of 1987.
Mr. Bentley directed the board to page 44-16 of Ordinance No. 480
and read the provisions for granting the special exception for
Petroleum Operation. Mr. Bentley stated that his opinion was that
the board does not have the authority to act due to fact that the
applicant does not meet the specific requirement of Section 44.12
(pp).
Mr. Stoner stated concern that they are existing and they need to
be out of legal nonconforming and made legal.
i
Board of Adjustments Meeting
page 4
Opp's May 14, 1990
Agenda Item # 5, Continued.
Mr. Barnes stated that Conoco had come to the board with direction
of the city and that they had responded to all request made by
cancel.
Mr. Bentley stated that in benefit of the applicant, the board and
staff as well to consider tabling this request for a special
exception. Further research into the questions and confer with the
city attorney for more application of the issue.
A motion to table Case #90 and postpone until May 29, 1990.
Motion: Bentley
Seconded: Stoner
Ayes: Bentley, Downard, Stoner, Sorenson
Nays: None
Vote: 4-0
Agenda Item 6, Case #91. Request for a site plan approval
Case # 91 a request fro a site plan approval for the issuance of
building permits for two (2) projects:
1. the shroud surrounding the thermal oxidizer
("flair") and,
2. a 91X181, 10,000 gallon above ground additive tank.
i
P" Mr. Sorenson deemed that Case # 91 be postponed until May 29, 1990.
Agenda Item # 7, Meeting Adjournment
The meeting was postponed until May 29, 1990 by Mr. Sorenson at
b 8:57 P. M.
Art So son,
Chairm n, Board of Adjustments
can Bryson
Attended Meeting and Prepare Mahy~~
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