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.
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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.
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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
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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
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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
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