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2009-01-29 r t U U CITY OF SOUTH LADE TEXAS 1 REGULAR ZONING BOARD OF ADJUSTMENT MEETING JANUARY 29, 2009 2 3 Location: 1400 Main Street, Southlake, Texas 4 5 Members Present: Vice-Chairman Michael Waldman and Board Members Laird A. Fairchild; 6 John Smart; Todd Parrish, Alternate #2; Karen Whitaker, Alternate # 3; and Thomas Joyner, 7 Alternate #4. 8 9 Members Absent: Chairman Lewis Miltenberger and Board Members Kate Smith; and Kristin 10 Jain, Alternate # 1. 11 12 Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard 13 Schell, Planner II, Stephanie Breitbarth, Administrative Secretary. 14 15 Agenda Item No. 1 - Call to Order: Vice-Chairman Waldman called the meeting to order at 16 6:29 p.m. 17 18 Agenda Item No. 2 - Approval of the Minutes: Vice-Chairman Waldman opened discussion 19 of the minutes of the Zoning Board of Adjustment meeting held on October 30, 2008. 20 21 Motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on 22 October 30, 2008, as presented. 23 24 Motion: Fairchild 25 Second: Whitaker 26 Ayes: Whitaker, Parrish, Fairchild, Smart, Waldman 27 Nays: None 28 Abstain: None 29 Vote: 5-0 30 31 Agenda Item no. 3 - Administrative Comments: Dennis Killough, Deputy Director of Planning 32 & Development Services, announced that the next scheduled meeting is for February 12, 2009 33 has been canceled due to no submittals being received. 34 35 Agenda Item no. 4 - ZBA-556, Variance to the Residential Fencing Height Requirements: 36 ZBA Case # 556, Variance to Ordinance No. 480, Section 39.1, requiring that fences, walls, and 37 hedges permitted as a screening, decorative or containment element are not to exceed eight (8) 38 feet in height. The applicant is requesting to construct a retaining wall eleven (11) feet in height. 39 40 The property is located 855 Harbor Court, being described as Lot 2, Block 1, Huse Homeplace 41 Addition, Southlake, Tarrant County, Texas and being approximately 2.6 acres. The current 42 zoning is "SF1-A" Single-Family Residential District. 43 44 The applicant, John Askew Homes, sent a written request to staff to withdraw the case. 45 46 Motion was made to approve the withdrawal of Case ZBA-556 in accordance with the 47 applicant's request. 48 49 Motion: Fairchild Zoning Board of Adjustment Meeting - January 29, 2009 Page 1 of 4 n 50 Second: Whitaker 51 Ayes: Whitaker, Parrish, Fairchild, Smart, Waldman 52 Nays: None 53 Abstain: None 54 Vote: 5-0 55 56 Agenda Item No. 5 - ZBA-00557, Special Exception Use Permit for an Extension on the 57 Use and Placement of Portable Buildings: Richard Schell, Planner II, presented Case ZBA- 58 00557 to the Board for a Special Exception Use Permit per Ordinance No. 480, Section 44.12 59 (7) for portable buildings. The applicant is requesting an extension on the approval of one 60 existing temporary portable building at Bethel Methodist Church of Southlake for Sunday School 61 classrooms. 62 63 The property is located at 190 S. White Chapel Boulevard, being described as Lot 4, H. 64 Granberry No. 581 Addition, Southlake, Tarrant County, Texas and being approximately 1.08 65 acres. The current zoning is "CS" Community Service District. 66 67 Richard Schell, Planner II, reported that eight (8) notices were sent within 200 feet with one (1) 68 response, Gloria Lechler, 4116 H.C. Meacham Blvd., Fort Worth, TX, in favor. 69 70 Applicant Chuck Hallett, 190 S. White Chapel Blvd., Southlake, Texas, once sworn in, 71 presented items to the Board and answered questions. 72 73 Vice-Chairman Waldman opened the Public Hearing at 6:46 p.m.; no one came forward to 74 speak. 75 76 Vice-Chairman Waldman closed the public hearing at 6:46 p.m. 77 78 Motion was made to approve Case ZBA-00557 as submitted. 79 80 Motion: Fairchild 81 Second: Whitaker 82 Ayes: Whitaker, Parrish, Fairchild, Smart, Waldman 83 Nays: None 84 Abstain: None 85 Vote: 5-0 86 87 Agenda Item No. 5 - ZBA-558, Variance to the Minimum Lot Size Requirements for an On- 88 Site Sewage Facility: Richard Schell, Planner II, presented Case ZBA-558 to the Board for a 89 Variance to Ordinance No. 480, Section 33.14, requiring a minimum lot size of one acre for the 90 use of an on-site-sewage facility (OSSF). The applicant is requesting to have an OSSF on a lot 91 that will be approximately 0.94 acres. 92 93 The property is located at 1029 Burney Lane, being described as Tract 2A1, John Childress 94 Heirs Survey, Abstract No. 254, Southlake, Tarrant County, Texas and being approximately 95 0.94 acres. The current zoning is "SF1-A" Single-Family Residential District. 96 97 Richard Schell, Planner Il, reported that ten (10) notices were sent within 200 feet with two (2) 98 responses, Mark & Carol Cox, 1039 Burney Ln., Southlake, TX, in favor; Joan & Marc 99 McGaffigan, 2885 Burney Ln., Southlake, TX, in favor. )0 Zoning Board of Adjustment Meeting - January 29, 2009 Page 2 of 4 lot Applicant Jewel Chadd, 1029 Burney Ln., Southlake, Texas, once sworn in, presented items to 02 the Board and answered questions. 103 104 Vice-Chairman Waldman opened the Public Hearing at 7:02 p.m.; no one came forward to 105 speak. 106 107 Vice-Chairman Waldman closed the public hearing at 7:02 p.m. 108 log Motion was made to approve Case ZBA-558 as submitted. 110 111 Motion: Fairchild 112 Second: Parrish 113 Ayes: Whitaker, Parrish, Fairchild, Smart, Waldman 114 Nays: None 115 Abstain: None 116 Vote: 5-0 117 118 Agenda Item No. 5 - ZBA-559, Variance to the Minimum Lot Size Requirements for 11g Residential Properties: Richard Schell, Planner II, presented Case ZBA-559 to the Board for a 120 Variance to Ordinance No. 480, Section 11.5(f), requiring the minimum area of a lot to be forty 121 three thousand five hundred sixty (43,560) square feet. The applicant is requesting a lot to be 122 approximately 40,903 square feet. 123 124 The property is located at 1029 Burney Lane, being described as Tract 2A1, John Childress 125 Heirs Survey, Abstract No. 254, Southlake, Tarrant County, Texas and being approximately 126 0.94 acres. The current zoning is "SF1-A" Single-Family Residential District. 27 128 Richard Schell, Planner ll, reported that ten (10) notices were sent within 200 feet with two (2) 129 responses, Mark & Carol Cox, 1039 Burney Ln., Southlake, TX, in favor; Joan & Marc 130 McGaffigan, 2885 Burney Ln., Southlake, TX, in favor. 131 132 Applicant Jewel Chadd, 1029 Burney Ln., Southlake, Texas, once sworn in, presented items to 133 the Board and answered questions. 134 135 Vice-Chairman Waldman opened the Public Hearing at 7:02 p.m.; no one came forward to 136 speak. 137 138 Vice-Chairman Waldman closed the public hearing at 7:02 p.m. 139 140 Motion was made to approve Case ZBA-558 as submitted. 141 142 Motion: Fairchild 143 Second: Parrish 144 Ayes: Whitaker, Parrish, Fairchild, Smart, Waldman 145 Nays: None 146 Abstain: None 147 Vote: 5-0 148 149 Agenda Item No. 8 - Meeting Adjournment: Board Member Fairchild made a motion to adjourn 150 the Regular Meeting of the Zoning Board of Adjustments. 51 Zoning Board of Adjustment Meeting - January 29, 2009 Page 3 of 4 152 Vice-Chairman Waldman adjourned the meeting at 7:0achael nuary 29, 2009. 53 154 155 156 157 Waldman 158 Vice-Chairman 159 160 ATTEST: 161 162 163 164 Stephanie Breit arth 165 Acting Board Secretary Zoning Board of Adjustment Meeting - January 29, 2009 Page 4 of 4 ZONING BOARD OF ADJUSTMENT cl,Y OF SIGN IN SHEET SOUTHLAKE Date: xcq o Prin a e ddress Telephone Case # CIL L aa-~~ 3~ N ~n3z~ ~js ~5 5s ORIGINAL