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2009-04-16 T CITY OF SOUTI-HLAKE TEXAS 1 REGULAR ZONING BOARD OF ADJUSTMENT MEETING April 16, 2009 2 3 Location: 1400 Main Street, Southlake, Texas 4 5 Members Present: Vice-Chairman Michael Waldman and Board Members; Laird A. Fairchild; 6 Kate Smith; Karen Whitaker, Alternate # 3; and Thomas Joyner, Alternate # 4. 7 8 Members Absent: Chairman Lewis Miltenberger and Board Members; John Smart; Kristin Jain, 9 Alternate # 1; Todd Parrish, Alternate # 2. to 11 City Attorney Present: Steve Wood 12 13 Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard 14 Schell, Planner II, Dianna Brawner, ZBA Secretary. 15 16 Agenda Item No. 1 - Call to Order: Vice-Chairman Waldman called the meeting to order at 17 6:32 p.m. 18 19 Agenda Item No. 2 - Approval of the Minutes: Vice-Chairman Waldman opened discussion 20 of the minutes of the Zoning Board of Adjustment meeting held on March 12, 2009. 21 22 Motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on 23 March 12, 2009 as presented. 24 25 Motion: Smith 26 Second: Whitaker 27 Ayes: Fairchild, Smith, Whitaker, Waldman 28 Nays: None 29 Abstain: None 30 Vote: 4-0 31 32 Agenda Item No. 3 - Administrative Comments: Dennis Killough, Deputy Director of 33 Planning & Development Services, announced May is the time for new appointments and asked 34 the Board Members to remain in their seats until the Council has completed their new 35 appointments. 36 37 Vice Chairman Waldman read the forum for the meeting; he then stated, if no objections, to 38 accept a motion to withdraw the ZBA Cases 563, 564, 565, and 566 being Agenda Items No. 6, 39 7, 8, and 9, at the applicants request. 40 41 Thomas Joyner entered the meeting at 6:38 p.m. during the above request. 42 43 Agenda Item No. 6 - ZBA-563, Variance architectural fencing requirements: ZBA Case # 44 563 Variance to Ordinance 480, Section 39.5(c)4, requiring that fencing required or provided 45 along F.M. 1709 shall comply with the Architecture Fencing requirements of the Corridor 46 Overlay District (Section 43.9c1 (f). The applicant sent a written request to staff to withdraw 47 the case. 48 Zoning Board of Adjustment Meeting - April 16, 2009 Page 1 of 3 49 Agenda Item No. 7 - ZBA-564 Variance for fence height: ZBA Case # 564 Variance to 50 Zoning Ordinance 480, Section 39.1, requiring that fences are not to exceed eight (8) feet in 51 height. The applicant sent a written request to staff to withdraw the case. 52 53 Agenda Item No. 8 - ZBA-565 Special Exception Use Permits for an accessory building 54 of a size greater than permitted. ZBA Case # 565 Special Exception Use Permit per 55 Ordinance No. 480, Section 44.12(3) permitting the construction of accessory buildings or 56 structures of a size or aggregate size greater than that permitted under the accessory building 57 requirements of the zoning district in which the property lies. The applicant sent a written 58 request to staff to withdraw the case. 59 60 Agenda Item No. 9 - ZBA-566 Special Exception Use Permit for family quarters: ZBA 61 Case # 566 Special Exception Use Permit per Ordinance No. 480, Section 44.12(1) for family 62 quarters. The applicant sent a written request to staff to withdraw the case. 63 64 Motion was made to approve the withdrawal of ZBA Cases # 563, 564, 565, and 566 6:40 p.m. 65 66 Motion: Whitaker 67 Second: Fairchild 68 Ayes: Joyner, Whitaker, Fairchild, Smith, Waldman 69 Nays: None 70 Abstain: None 71 Vote: 5-0 72 73 Vice Chairman Waldman proceeded with ZBA Cases 561 and 562. 74 75 Agenda Item No. 4 - ZBA-561 Variance to minimum lot width: ZBA Case # 561, Variance to 76 Ordinance No. 480, Section 14.5(g), requiring a minimum lot width of one hundred feet (100'). 77 The applicant is requesting a minimum lot width of 67.45 feet. 78 79 Agenda Item No. 5 - ZBA-562 Variance requiring a side yard setback: ZBA Case # 562, 80 Variance to Ordinance No. 480, Section 14.5(c) requiring a side yard setback of fifteen feet 81 (16). The applicant is requesting a side yard setback of twelve feet (12'). 82 83 Richard Schell, Planner II, reported that he would present ZBA Cases # 561 & 562 together and 84 requested that the Board take separate action. Ten (10) notices were sent within 200 feet with 85 two (2) responses, Mark J. and Diana L. Pospisil 601 Loving Ct., Southlake, TX, in favor, Jerry 86 and Melinda Costin, 600 Loving Ct., Southlake, TX, in favor. 87 88 The applicants for both Cases 561 and 562 are James and Elizabeth Hendricks and the 89 property is located 630 Shady Oaks Dr., being described as Tract 11A03, Thomas M. Hood 90 Survey, Abstract No. 706, Southlake, Tarrant County, Texas and being approximately .503 91 acres. The current zoning is "AG" Agricultural District. 92 93 Applicant's representative Larry Lyons, 408 E. Wall St. Grapevine, Texas, once sworn in, 94 presented items to the Board and answered questions. 95 96 Vice-Chairman Waldman opened the Public Hearing at 6:57 p.m.; no one came forward to 97 speak. 98 99 Vice-Chairman Waldman closed the public hearing at 6:57 p.m. Zoning Board of Adjustment Meeting - April 16, 2009 Page 2 of 3 100 '01 Motion was made to approve Case ZBA-561 as submitted subject to approval of SF-20A 102 zoning. 103 104 Motion: Smith 105 Second: Fairchild 106 Ayes: Joyner, Whitaker, Fairchild, Smith, Waldman 107 Nays: None 108 Abstain: None 109 Vote: 5-0 110 111 Motion was made to approve Case ZBA-562 as submitted subject to approval of SF-20A 112 zoning. 113 114 Motion: Whitaker 115 Second: Fairchild 116 Ayes: Fairchild, Smith, Joyner, Whitaker, Waldman 117 Nays: None 118 Abstain: None 119 Vote: 5-0 120 121 122 Agenda Item No. 10 - Meeting Adjournment: Board Member Smith made a motion to adjourn 123 the Regular Meeting of the Zoning Board of Adjustments. 124 125 Vice-Chairman Waldman adjourned the meeting at 7:02:12 p.m. on lApril 16, 200 . 126 127 , 128 ~ 129 130 Michael aldman 131 Vice-Chairman 132 133 ATTEST: 134 _T) 135 136, 137 Dianna Brawner 138 Board Secretary Zoning Board of Adjustment Meeting - April 16, 2009 Page 3 of 3