2009-09-24
CITY OF
SOUTH LADE
TEXAS
1 REGULAR ZONING BOARD OF ADJUSTMENT MEETING SEPTEMBER 24, 2009
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3 Location: 1400 Main Street, Southlake, Texas
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5
6 Members Present: Chairman D. Todd Parrish and Board Members; Michael Forman; Vice-
7 Chairman Laird Fairchild; Kate Smith; Michael Waldman; Michael Mills, Alternate # 3; Thomas
8 Joyner, Alternate # 4.
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10 Members Absent: Lewis Miltenberger, Alternate # 1; Lisa Amend, Alternate 2.
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12 City Attorney Present: Steve Wood
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14 Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard
15 Schell, Planner II; Dianna Brawner, ZBA Secretary.
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17 Agenda Item No. 1 - Call to Order: Chairman D. Todd Parrish called the meeting to order at
18 6:32 p.m.
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20 Agenda Item No. 2 - Approval of the Minutes: Chairman Parrish opened discussion of the
21 minutes of the Zoning Board of Adjustment meeting held on September 10, 2009.
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23 Motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
24 September 10, 2009 as presented.
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26 Motion: Smith
27 Second: Fairchild
28 Ayes: Forman, Smith, Mills, Fairchild, Waldman, Parrish
29 Nays: None
3o Abstain: None
31 Vote: 6-0
32
33 Motion carried.
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35 Agenda Item No. 3 - Administrative Comments: Richard Schell, Planner II announced the
36 next scheduled meeting for October 15, 2009.
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38 Chairman Parrish announced in accordance with Section 551.041, Texas Government Code,
39 the Board will now meet in executive session to consult with the City Attorney regarding matters
40 authorized by Section 551.071, including matters posted on this agenda and called the Board
41 into executive session at 6:36 p.m.
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43 Mr. Joyner arrived at the meeting at 6:37 p.m.
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45 Chairman Parrish announced the Board was back from executive session at 6:53 p.m. and
46 called for ZBA Case # 579.
47
48 Agenda Item No. 4 - ZBA-579, Special Exception Use Permit For a Family Quarters.
49 Special Exception Use Permit per Ordinance No. 480, Section 44.12(1) for a family quarters.
5o The applicant is proposing to construct a family quarters with approximately 1,440 square feet of
51 livable area in an addition to the principal structure.
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Zoning Board of Adjustment Meeting - September 24, 2009
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53 The property is located at 4323 Homestead Drive, being described as Lot 19, Indian Creek
54 Estates, an addition to the City of Southlake, Denton County, Texas and being approximately
55 1.03 acres. The current zoning is "SF1-A" Single Family Residential District. Applicant: Orville H.
56 Jansen.
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58 Richard Schell, Planner II, reported this item was tabled from the previous meeting September
59 10, 2009 and that the Jansen's have presented a revised plan for the driveway and no change
60 for the structure.
61
62 The applicants, Orville and Donna Jansen along with Emily Bibza 4323 Homestead Drive,
63 Southlake, Texas, once sworn in presented items and answered questions for the Board. The
64 applicants presented a packet for the Board members and staff along with two videos.
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66 Chairman Parrish opened the public hearing at 7:21 p.m.
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68 Richard Walker 4344 Homestead Dr., Southlake, Texas, once sworn in, spoke in favor.
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7o Barbara Walker 4344 Homestead Dr., Southlake, Texas, once sworn in, spoke in favor.
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72 Tami Moore 351 E. Bob Jones Rd., Southlake, Texas, once sworn in, spoke in favor.
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74 Emily Bibza 4323 Homestead Dr., Southlake, Texas, still sworn in, spoke in favor.
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76 Chairman Parrish closed the public hearing at 7:28 p.m.
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78 Motion was made to approve the Jansen ZBA Case # 579 as presented.
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80 Motion: Fairchild
81 Second: Waldman
82 Ayes: Forman, Smith, Fairchild, Waldman, Parrish
83 Nays: None
84 Abstain: None
85 Vote: 5-0
86
87 Motion carried.
88
89 Agenda Item No 5 - ZBA-579, Special Exception Use Permit For an Accessory Building.
90 Special Exception Use Permit per Ordinance No. 480, Section 44.12(3) permitting the
91 construction of accessory buildings or structures of a size or aggregate size greater than that
92 permitted under the accessory building requirements of the zoning district in which the property
93 lies. Ordinance No. 480, Section 11.50)1(i) requires that the sum of all accessory buildings shall
94 not exceed three percent (3%) of the lot area, which for this property is approximately one
95 thousand two hundred fifty-two (1,252) square feet. The applicant is requesting to construct a
96 metal accessory building of approximately one thousand two hundred (1,200) square feet,
97 bringing the total square footage for accessory buildings to approximately one thousand seven
98 hundred eighty-one (1,781) square feet.
99
10o The property is located at 2303 Hillside Ct., Southlake, Texas being described as Lot 1, Hillside
101 Estates and being approximately 0.958 acres. The current zoning is "SF1-A" Single Family
102 Residential District. Applicant: Ross and Karen Garrett.
103
104 Richard Schell, Planner II, reported twenty six (26) notices were mailed out within two hundred
105 (200) feet with seven (7) responses; John and Yvette Gallagher, 2307 Hillside Ct., Southlake,
106 Texas in favor, Morris and Glenda Gill, 2402 Hillside Ct., Southlake, Texas in favor, James and
Zoning Board of Adjustment Meeting -September 24, 2009
Page 2 of 3
107 Vanessa Logins, 545 Randol Mill Ave., Southlake, Texas in favor; John Geist, 2405 Hillside.,
08 Southlake, Texas opposed; Charles and Shirley Free, 550 Randol Mill Ave., Southlake, Texas in
109 favor; Stacy Leigh Knight, 2406 Hillside Ct., Southlake, Texas in favor; Thomas Holland, 2401
11o Hillside Ct., Southlake, Texas opposed.
111
112 The applicant, Ross Garrett, once sworn in presented items and answered questions for the
113 Board.
114
115 Chairman Parrish opened the public hearing at 8:05 p.m.
116
117 Greg Powell, a representative for Toll Brothers LLC of Dallas, Texas located 2557 SW
118 Grapevine Parkway, Grapevine, Texas spoke in opposition. Toll Brothers is the developer for
119 Johnson Estates, the subdivision directly south of the applicant's property, and they feel the
12o building will be too large, too tall, and will not be in compliance with the present ordinance.
121
122 Vice Chairman Fairchild recused himself from ZBA Case # 581 due to recent dealings he is part
123 of with Toll Brothers on a development.
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125 Chairman Parrish gave the applicant the opportunity for rebuttal.
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127 Chairman Parrish closed the public hearing at 8:22 p.m and opened discussion with the Board.
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129 The applicant addressed the Board and requested to table ZBA Case # 581 until the October
130 15, 2009 meeting so that he might have the opportunity to present a better elevation of what he
131 proposes to construct. Also, additional information of surrounding properties and buildings
132 comparable to what he plans to construct.
133
134 Motion was made to approve the applicant's request to table ZBA Case # 581 until the October
135 15, 2009 Board meeting.
136
137 Motion: Smith
138 Second: Waldman
139 Ayes: Waldman, Mills, Smith, Forman, Parrish
140 Nays: None
141 Abstain: None
142 Vote: 5-0
143
144 Motion carried.
145
146 Aaenda Item No. 6 - Meeting Adjournment: Chairman Parrish adjourned the meeting at
147 8:35:48 p.m. on September 24, 2009.
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153 D. To d Parrish
154 Chairman
155 ATTEST:
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159 Dianna Brawner
t60 Board Secretary
Zoning Board of Adjustment Meeting -September 24, 2009
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ZONING BOARD OF ADJUSTMENT
CITY OF SIGN IN SHEET
SOUTHLAKE
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