2009-05-28
CITY OF
SOUTHLAKE
TEXAS
1 REGULAR ZONING BOARD OF ADJUSTMENT MEETING May 28 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; Todd Parrish, Alternate # 2; Karen Whitaker, Alternate # 3; and Thomas Joyner,
7 Alternate # 4.
8
9 Members Absent: Chairman Lewis Miltenberger and Board Members; John Smart; Kristin Jain,
10 Alternate # 1.
11
12 City Attorney Present: Steve Wood
13
14 Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard
15 Schell, Planner ll, Dianna Brawner, ZBA Secretary.
16
17 Agenda Item No. 1 - Call to Order: Vice-Chairman Waldman called the meeting to order at
18 6:31 p.m.
19
20 Agenda Item No. 2 - Approval of the Minutes: Vice-Chairman Waldman opened discussion
21 of the minutes of the Zoning Board of Adjustment meeting held on May 14, 2009.
22
23 Motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
24 May 14, 2009 as presented.
25
26 Motion: Smith
27 Second: Fairchild
28 Ayes: Whitaker, Fairchild, Smith, Parrish, Waldman
29 Nays: None
3o Abstain: None
31 Vote: 5-0
32
33 Agenda Item No. 3 - Administrative Comments: Richard Schell, Planner II, announced our
34 next scheduled meeting is June 11, 2009.
35
36 Agenda Item No. 4 - ZBA-567, Special Exception Use Permit per Ordinance No. 480,
37 Section 44.12 (1) for a family quarters. ZBA-567 The applicant is requesting a waiver of the
38 one thousand (1,000) square foot maximum floor area requirement to allow a 1,704 square foot
39 family quarters in a separate accessory building. The property is located at 2350 Crooked Lane,
40 being described as Lot 10, Meadow Oaks Addition, an addition to the City of Southlake, Tarrant
41 County, Texas and being approximately 2.3 acres. The current zoning is "SF-1A" Single Family
42 Residential District. Applicant: Charles Wood. The applicant requested to table this item to
43 the June 25, 2009 meeting.
44
45 Motion was made to approve the applicant's request to table ZBA Cases # 567 until the June
46 25, 2009 meeting.
47
48 Motion: Smith
49 Second: Fairchild
50 Ayes: Parrish, Smith, Fairchild, Whitaker, Waldman
Zoning Board of Adjustment Meeting - May 28 2009
Page 1 of 5
51 Nays: None
52 Abstain: None
53 Vote: 5-0
54
55
56 Agenda Item No. 5 - ZBA-568. Variance to Ordinance No 480, Sections 11.5 (c) and 11.5
57 (d), requiring a side yard setback of twenty (20) feet and a rear yard setback of forty (40)
58 feet. ZBA-568 The applicant is requesting a side yard setback of ten (10) feet and a rear yard
59 setback of twenty (20) feet. The property is located at 615 Brewer Rd., being described as Lot 3,
60 Block 1, Brewer Addition, an addition to the City of Southlake, Tarrant County, Texas, and being
61 approximately 1.43 acres. The current zoning is "SF-1B" Single Family Residential District.
62 Applicant: Jason Zimmerman. The applicant requested to table this item to the June 11,
63 2009 meeting.
64
65 Motion was made to approve the applicant's request to table ZBA Cases # 568 until the June
66 11, 2009 meeting.
67
68 Motion: Smith
69 Second: Fairchild
70 Ayes: Whitaker, Fairchild, Smith, Parrish, Waldman
71 Nays: None
72 Abstain: None
73 Vote: 5-0
74
75 Agenda Item No. 6 - ZBA-570. Variance to side yard setback• ZBA-570, Variance to
76 Ordinance No. 480, Section 11.5c, requiring a side yard setback of twenty (20) feet. The
77 applicant is requesting a side yard setback of five (5) feet to construct a covered parking
78 structure.
79
80 The property is located at 3225 Crescent Dr., being described as Lot 2, Block 8, South Lake
81 Park Addition No. 2, Second Filing, an addition to the City of Southlake, Tarrant County, Texas
82 and being approximately 0.98 acres. The current zoning is "SF-1A" Single Family Residential
83 District.
84
85 Richard Schell, Planner II, reported that seventeen (17) notices were sent within 200 feet with
86 two (2) responses, Richard Reissler, 3220 Crescent Dr., Southlake, Texas opposed, Melvin and
87 Carolyn Rethmeier, 3250 Crescent Dr., Southlake, Texas opposed.
88
89 Applicant's representative Ted Bilsky from Claffey Pools 1625 Brumlow Ave., Southlake, Texas,
90 once sworn in, presented items to the Board and answered questions.
91
92 Vice-Chairman Waldman opened the Public Hearing at 6:57 p.m.
93
94 Richard Reissler 3320 Crescent Dr., Southlake, Texas once sworn in, spoke in opposition
95 concerned drainage would be an issue.
96
97 Peggy O'Brian 3400 Hillside Dr., Southlake, Texas once sworn in, spoke in opposition felt five
98 (5) feet was too close to neighboring house.
99
too David Spadaford 3400 Hillside Dr., Southlake, Texas once sworn in, spoke in opposition
101 concerned drainage was a major issue.
Zoning Board of Adjustment Meeting -May 28, 2009
Page 2 of 5
102
103 Vice-Chairman Waldman gave the applicant, who was still sworn in, an opportunity to address
104 the drainage issues and he did.
105
106 Vice-Chairman Waldman closed the Public Hearing at 7:22 p.m.
107
108 Motion was made to deny ZBA Cases # 570 as submitted.
109
11o Motion: Parrish
111 Second: Smith
112 Ayes: Whitaker, Fairchild, Smith, Parrish, Waldman
113 Nays: None
114 Abstain: None
115 Vote: 5-0
116
117 The Motion to deny ZBA Case # 570 passed.
118
119 Agenda Item No. 7 - ZBA-571, Variance to rear yard setback: ZBA-571 Variance to
120 Ordinance No. 480, Section 14.5d, requiring a rear yard setback of thirty-five (35) feet. The
121 applicant is requesting a rear yard setback of twenty-eight (28) feet four (4) inches to construct a
122 patio cover.
123
124 The property is located at 1000 Oasis Ct. and being described as Lot 16, Block 1, Southview
125 Addition Phase I, to the City of Southlake, Tarrant County, Texas and being approximately 0.4
126 acres. The current zoning is "SF-20A" Single Family Residential District.
127
128 Richard Schell, Planner II, reported that 61 notices went out within two hundred (200) feet with
129 17 responses George David Howell, 625 Southview Trail, Southlake, Texas in favor, Joseph B.
130 Allen, 828 Southview Trail, Southlake, Texas in favor, Guy and Sydney Stateham, 920 Oasis
131 Court, Southlake, Texas in favor, Michael and Patricia Berry, 1125 Ownby Lane, Southlake,
132 Texas in favor, Rene M. Alanis, 1175 Ownby Lane, Southlake, Texas in favor, Samuel D. and
133 Penny D. Kaplan, 1075 Oasis Court, Southlake, Texas in favor, Mystere Ent. Inc, 6414
134 Champion Way, Colleyville, Texas in favor, Patricia and Christipher Lowe, 1075 Ownby Lane,
135 Southlake, Texas in favor, John R. and Marilyn J.Van Son, 675 Southview Trail, Southlake,
136 Texas in favor, Catalin Burtea, 625 Southbend Trail, Southlake, Texas in favor, Lourdes and
137 Jason Rahn, 1050 Oasis Court, Southlake, Texas in favor, Michael Knowlton, 925 Southbend
138 Trail, Southlake, Texas in favor, Kenneth and Wilma McCleve, 920 Southview Trail, Southlake,
139 Texas in favor, Louise and Ellen Perkett, 900 Southbend Trail, Southlake, Texas in favor, Mike
140 Cumnock, 525 Southbend Trial, Southlake, Texas in favor, Peter and Colleen Klopchic, 1025
141 Oasis Court, Southlake, Texas in favor, Michael H. and Wooyoun Jin, 950 Oasis Court,
142 Southlake, Texas in favor.
143
144 Applicant's representative Eric Snyder with Deck Masters, 3644 West Pioneer Parkway,
145 Arlington, Texas once sworn in presented items and answered questions for the Board.
146
147 Vice-Chairman Waldman opened and closed the public hearing at 7:39 p.m.
148
149 Motion was made to approve ZBA Cases # 571 as submitted.
150
151 Motion: Fairchild
152 Second: Whitaker
Zoning Board of Adjustment Meeting -May 28, 2009
Page 3 of 5
153 Ayes: Parrish, Smith, Fairchild, Whitaker, Waldman
54 Nays: None
155 Abstain: None
156 Vote: 5-0
157
158 Agenda Item No. 8 - ZBA-572, Variance to lot area lot width and side yard setback:
159 Variance to Ordinance No. 480, Section 14.5f, requiring a minimum lot area for twenty thousand
160 (20,000) square feet, a Variance to Ordinance 480, Section 14.5g, requiring a minimum lot width
161 of one hundred (100) feet for SF-20 Variance to Ordinance 480, Section 14.5c, requiring a side
162 yard setback of fifteen (15) feet. The applicant is requesting a lot area of fourteen thousand one
163 hundred nine (14,109) square feet, a lot width of eighty seven (87) feet and a side yard setback
164 of seven and one half (7.5) feet for the SF-20A zoning district.
165
166 The property is located at 1080 Primrose Lane, and being described as Tract 2C04A, Absolom
167 H. Chivers Survey, Abstract No. 299, to the City of Southlake, Tarrant County, Texas and being
168 approximately 0.34 acres. The current zoning is "AG" Agricultural.
169
170 Dennis Killough, Deputy Director of Planning & Development Services, reported nine (9) notices
171 went out within two hundred (200) feet with 3 responses Gregory and Janet Smiley 1086
172 Primrose Lane, Southlake, Texas in favor, Janice L. Litaker 1080 Primrose Lane, Southlake,
173 Texas in favor, Bharatkum B Chodavadia, 1025 Carroll Meadows Court, Southlake, Texas
174 opposed.
175
176 The applicants Janice and Casey Litaker 1080 Primrose Lane, Southlake, Texas, currently living
177 at 707 Malta Lane, Southlake, Texas once sworn in presented items and answered questions
178 for the Board.
179
180 Vice-Chairman Waldman opened the public hearing at 7:55 p.m.
181
182 Greg and Janet Smiley, 1086 Primrose Lane, Southlake, Texas spoke in favor.
183
184 Vice-Chairman Waldman closed the public hearing at 7:57 p.m.
185
186 Motion was made to approve ZBA Cases # 572 including a Variance to Section 14.5f, 14.5g,
187 14.5c subject to the property being rezoned SF-20A.
188
189 Motion: Fairchild
190 Second: Parrish
191 Ayes: Whitaker, Fairchild, Smith, Parrish, Waldman
192 Nays: None
193 Abstain: None
194 Vote: 5-0
195
196 Agenda Item No. 9 - ZBA-573, Variance to maximum lot coverage: ZBA-573 Variance to
197 Ordinance No. 480, Section 14.5e, requiring maximum lot coverage to not exceed thirty percent
198 (30%), Ordinance No. 480, Section 30.5 allows the Board of Adjustment to grant a variance of
199 up to, but not exceeding, ten percent (10%) of any lot coverage requirement in a Residential
200 Planned Unit Development. The applicant is requesting a maximum lot coverage of thirty three
201 percent (33%) for six lots in the Cotswold Valley subdivision to allow construction of homes that
202 meet the Declarations, Covenants, and Restrictions for Cotswold Valley Homeowners
203 Association (formerly known as Estancia at Southlake) that were agreed upon at City Council
Zoning Board of Adjustment Meeting -May 28, 2009
Page 4 of 5
204 approval of the development. The requirements for a three car garage and a minimum of three
'05 thousand five hundred (3,500) square feet of livable floor space with seventy five percent (75%)
206 of the space to be located on the first floor make it virtually impossible to build on these six lots
207 without exceeding the maximum allowed lot coverage.
208
209 The property is located at 2204, 2205, 2208, 2209, 2232, and 2236 Cotswold Valley Court, and
210 being described as Lots 2 and 3, Block 1, and Lots 3-6, Block 2, Cotswold Valley, to the City of
211 Southlake, Tarrant County, Texas. The current zoning is "RPUD" Residential Planned Unit
212 Development.
213
214 Richard Schell, Planner II, reported that 24 notices went out within two hundred (200) feet with
215 no responses.
216
217 The applicant's representative David Keener 2000 Montecito Trail, Southlake, Texas once
218 sworn in presented items and answered questions for the Board.
219
220 Vice-Chairman Waldman opened and closed the public hearing at 8:13 p.m.
221
222 Motion was made to approve ZBA Cases # 573, lots 2204, 2205, 2208, 2209, 2232, and 2236
223 Cotswold Valley Court as submitted.
224
225 Motion: Fairchild
226 Second: Parrish
227 Ayes: Whitaker, Fairchild, Smith, Parrish, Waldman
228 Nays: None
?29 Abstain: None
230 Vote: 5-0
231
232 Agenda Item No.10 - Meeting Adjournment: Vice-Chair aId a a journed the
233 meeting at 8:15:27 p.m. on May 28, 2009.
234
235
236
237 Michael Waldman
238 Vice-Chairman
239 ATTEST:
240
241 1
242 ~~k-kJAS'N
243 Dianna Brawner
244 Board Secretary
Zoning Board of Adjustment Meeting -May 28, 2009
Page 5 of 5
ZONING BOARD OF ADJUSTMENT
C9-1-Y OF- SIGN IN SHEET
SOUTHLAKE
Date:t ` c
1
Print Name Address Telephone Case #
SL",- Akcf,
QA-AA-'l C 0 r i S k-
'172-
If L~ t ogo P~ ► ~s~
~172~1
la, A~ V-7
~-3Yz~ w