1976-06-22
CITY OF SOUTHLAKE, TEXAS
ZONING BOARD OF ADJUSTMENTS
June 22, 1976
The Zoning Board of Adjustments met in called session in the
Council Chamber of City Hall, at 667 North Carroll Avenue in
Southlake on Tuesday, June 22, 1976, with the following mem-
bers present.
R. V. Trammell, Chairman
L. A. Casey, Board Member
Walter Garrett, Board Member
R. D. Drummond, Board Member
Sam Sparger, Board Member
Re: ZA-76-1 - Joe V. Smith
Chairman Trammell called the meeting to order at 7:15 P.M. He
read aloud the Planning & Zoning recommendation for denial of
the "L" District zoning on land located at 803 W. Southlake
Blvd. for the purpose of operating a taxidermy shop.
The Chairman invited Mr. Smith to present his case.
The City Attorney then made his presentation for the City in the
denial of the request. He pointed out that the Planning & Zoning
Commission moved that a five-year special use permit be granted
to Mr. Smith but that such an action had no legal basis, as our
Ordinance No. 161 does not provide for a "use permit" in a case
such as this, and that there was no basis for the allowance of a
variance from the evidence offered, considered from the standpoint
of a "variance".
Discussion followed regarding what was under consideration--zoning
or a five-year special use permit? The City Attorney advised that
Mr. Smith had appealed to the Zoning Board of Adjustment from the
action of the City Council and that the City Council voted unanimously
to turn down the zoning including the five-year use permit matter.
Councilman Hawk stated he felt the only thing the Council did was
turn down the special use permit and that the Council's action was
limited to the use permit. The City Attorney asked Mr. Smith, the
applicant, what it was in connection with the City Council's action
that he was appealing to the Board of Adjustment and Mr. Smith stated
it was the five-year use permit. The Chairman R. V. Trammell read
the minutes of the City Council meeting and announced that the
Board of Adjustment then is considering the five-year use permit.
Planning &:Zoning member Nelson Miller said he saw no harm in
permitting the use for a five-year period but the zoning should
not be granted. Marcus Wayland, an adjoining property owner,
stated he opposed the zoning, "not him coming in putting in his
shop." (sic.) Virginia Clow stated the property behind and around
the area in question was vacant and would probably remain so for
quite some time but that she didn't think this should have any
bearing on granting a variance. James Harrell, Chairman of the
Planning & Zoning Commission, cautioned that the Future Land Use
Plan should be followed and to stay away from spot zoning. He
further stated he saw no valid basis for, and did not favor, the
granting of a variance. A. C. Urbanosky spoke in favor of allowing
the use.
R. D. Drummond moved that the request for a special use be denied;
seconded by Walter Garrett. Members Drummond, Garrett and Casey
voted "For"; Chairman Trammell and Member Sparger voted "Against".
There being no further business, the meeting adjourned.
Chairman
ATTEST:
City Secretary
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