1989-05-08
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CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENTS MEETING
May 8, 1989 7:30 p.m.
Present: Chairperson, Lanny Tate. Members: Ernest Johnson, Art
Sorenson and Robert Downard.
Absent: John Scoggan.
City Staff Present: Director of Public Works, Bill LeGrand and
Karen Gandy, Zoning Assistant.
The meeting was called to order by 7:45 p.m. by Lanny Tate,
chairperson.
The minutes of the April 24, 1989 Board of Adjustments meeting were
approved as presented.
Motion: Sorenson
Second: Downard
Ayes: Sorenson, Downard, Johnson and Tate
Nays: None
Approved: 4-0 vote.
Case #62 Variance to Side Yard Requirement
A request from property owner, Martin Hanan, 3550 Carmel Court
for a variance to the side yard requirement established by
Ordinance No. 261, Section 5.1. This ordinance requires a 20' side
yard setback, the owner requests a 15' side yard setback.
Lanny Tate read the memorandum from city staff in regards to this
request.
rr Mr. Ron Miller, representative of Mr. Martin Hanan, explained
the sequence of events that took place, leading up to this
meeting. He presented letters from property owners within two
hundred feet, stating they have no problem with the request being
granted.
Mr. Jim Antich, of Jim Antich Custom Homes, Inc. was presented
and further explained the problem he is having in fitting the home
on the lot. He stated that whereas the lot is one acre, only 7% of
the lot is buildable. If the variance is not granted, he
explained that the house plans will not be able to be used for that
lot.
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Board of Adjustment Minutes
May 8, 1989
page two
Case #62. continued
Public Hearing
Alice Arnim- Lot 8 owner, on the south side of the property in
question. She asked if it is possible to build drive ways next to
the property line.
Bill LeGrand, answered her "yes, you can build drive-ways up to the
property line if there is not an easement there".
Motion was made to grant the variance as requested for Case #62.
Motion: Sorenson
Second: Downard
Ayes: Sorenson, Downard, Johnson and Tate
Nays: None
Approved:4-0 vote
Motion was made to adjourn the meeting as there was no further
business.
Motion: Johnson
Second: Downard
Ayes: Johnson, Downard, Sorenson and Tate
Nays: None
Approved:4-0 vote
Lanny Tat
Chairperson
ATT ST:
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S ndra L. LeGran
City Secretary
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City of Southlake, Texas
M E M O R A N D U M
May 1, 1989
TO:
FROM: William D. LeGrand, Director of Public Works
SUBJECT : ZBA #62 Request for Side Yard Variance in Carmel Bay
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
ZBA #62 is a request by the owner of the property at 3550 Carmel Court
for a variance to the side yard requirement established by Ordinance
No. 261, Section 5.1. This ordinance requires a 20-foot side yard
setback, the owner requests a 15-foot side yard setback.
The property is legally described as Block A, Lot 7, Carmel Bay.
The owner of the property is Martin Hanan.
Mr. Hanan purchased the lot approximately eighteen (18) months ago and
enlisted the services of an architect to draw up plans for his hone.
When the plans were initially submitted, they reflected a 17-foot and a
10-foot sideyard.
Preliminary plan review indicated the requirement for a 20-foot side yard
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based on the A-1 zoning attached to Cannel Bay during annexation procedures.
(Ordinance No. 329 dated June 17,.1986).
wr Deed restrictions were presented showing a 35-foot building line and 15-foot
side yard minimums. Upon review of the plat for Carmel Bay, the 35-foot
front building line was confirmed. However, upon further review, no
variance was granted to the side yard requirement. A review of each building
permit for Carmel Bay reflected a 20-foot side yard requirement.
The Administrative Official ruled that City Staff could not grant Mr. Hanan's
request for a 15-f side yard setback.
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Please sign below if you have no objections to allowing Mr.
and Mrs. Martin Hanan to build their homestead (Lot 7)
within the deed restrictions of the plat which allow for 15
foot side yards.
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q Please sign below if you have no objections to allowing Mr.
and Mrs. Martin Hanan to build their homestead (Lot 7)
within the deed restrictions of the plat which allow for 15
foot "de yards.
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Please sign below if you have no objections to allowing Mr.
r and Mrs. Martin Hanan to build their homestead (Lot 7)
within the deed restrictions of the plat which allow for 15
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ir411
CITY OF SOUTHLAKE
607 N. Carroll Avenue
Southlake,Texas
ZONING BOARD OF ADJUSTMENTS
REQUEST FOR APPEAL
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FEES 50.00
NAME: ADDRESS:,
TELEPHONE NUMBER:
LOCATION OF APPEAL:( address/legal description) S G ~~~.~c
REASON FOR APPEAL: (describe in detail) MAO
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DATE y
SIGNATURE:
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"R REASON FOR APPLICATION
' Marty Hanan, the owner of Lot 7, purchased the property in
December of 1987 with the intention of building his permanent
homestead on said lot. In the process of purchasing the lot from
the previous owner Hanan analyzed the deed restrictions which in
part stated that the owner could only build a residence on the
lot if the front yard was at least 35 feet and the side yards
were at least 15 feet. The lot is built in such a way that any
tighter restrictions on the side and front yards would make the
q0 erecting of a homestead impractical. Hanan purchased the lot
based on the restrictions in the deed.
After approximately two years of planning his dream home
Hanan submitted plans drawn by a professional architect to his
builder so that ground could be broken. The builder submitted
the plan to the city for their approval in order that a permit
could be obtained. On inspection of the plans the city inspector
noted that the plans called for a 10 foot side yard. Hanan,
understanding the deed restriction, paid for the plans to be
redesigned to comply with not only the deed restrictions but also
with the restrictions as set forth by the city inspector. These
restrictions both called for 15 foot side yards.
The plans were again submitted to the city inspector who had
them stamped approved for issuing a permit. Hours before the
builder came in with a check for the preapproved permit the city
called and stated that the permit would not be issued due to a
conflicting zoning ordinance which restricts Lot 7 to 20 foot
side yards. The only reason the city denied the permit at that
time was due to an unauthorized phone call from the builder of
Lot 6 complaining of the 15 foot side yard Hanan was planning on
having.
In a subsequent meeting with the owner of Lot 6, Mr. Dick
to Paine, stated that his builder called the city with the intention
of obtaining a refund on an impact fee and in the course of
discussion complained about the 15 foot side yard thinking that
this might be some sort of leverage in getting the impact money
returned. Mr. Paine has no objections concerning the 15 foot
side yard nor does any other neighbor.
The reason Hanan is making application at this time is to
obtain permission from the city to build his dream home based on
the plans as already approved by the city. Time is extremely
important to Hanan therefore a ruling without undue delay is
greatly appreciated.
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