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2009-10-15 CITY `~jOF~'~^~jj j SOU ! 1 ~1 LAKE TEXAS 1 REGULAR ZONING BOARD OF ADJUSTMENT MEETING OCTOBER 15, 2009 2 3 Location: 1400 Main Street, Southlake, Texas 4 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. 8 9 Members Absent: Lewis Miltenberger, Alternate # 1; Lisa Amend, Alternate # 2; Thomas 10 Joyner, Alternate # 4. 11 12 Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard 13 Schell, Planner II; Dianna Brawner, ZBA Secretary. 14 15 Agenda Item No. 1 - Call to Order: Chairman D. Todd Parrish called the meeting to order at 16 6:32 p.m. 17 18 Agenda Item No. 2 - Approval of the Minutes: Chairman Parrish opened discussion of the 19 minutes of the Zoning Board of Adjustment meeting held on September 24, 2009. 20 21 Motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on 22 September 24, 2009 as presented. 23 24 Motion: Smith 25 Second: Fairchild 26 Ayes: Mills, Smith, Waldman, Forman, Fairchild, Parrish 27 Nays: None 28 Abstain: None 29 Vote: 6-0 30 31 Motion carried. 32 33 Agenda Item No. 3 - Administrative Comments: Richard Schell, Planner II, announced there 34 will be a reception for the Boards and Commission members on Tuesday, October 20, 2009 at 35 Town Hall starting at 5:30 p.m. Mr. Schell also stated that the next Zoning Board of Adjustment 36 meeting is scheduled for November 12, 2009 unless there are any items tabled from tonight's 37 meeting; then, the next Zoning Board of Adjustment meeting will be October 29, 2009. 38 39 Vice-Chairman Fairchild requested to be recused from ZBA Case-581. Chairman Parrish 40 accepted his request and designated for the record and for the audience that Mr. Mills would be 41 voting in his place. 42 43 Agenda Item No 4 - ZBA-581 Special Exception Use Permit for an accessory building of 44 a size greater than permitted. Special Exception Use Permit per Ordinance No. 480, Section 45 44.12(3) permitting the construction of accessory buildings or structures of a size or aggregate 46 size greater than that permitted under the accessory building requirements of the zoning district 47 in which the property lies. Ordinance No. 480, Section 11.50)1(i) requires that the sum of all 48 accessory buildings shall not exceed three percent (3%) of the lot area, which for this property is 49 approximately one thousand two hundred fifty-two (1,252) square feet. The applicant originally 50 requested to construct a metal accessory building of approximately one thousand two hundred Zoning Board of Adjustment Meeting - October 15, 2009 Page 1 of 3 51 (1,200) square feet, bringing the total square footage for accessory buildings to approximately 52 one thousand seven hundred eighty-one (1,781) square feet. After receiving opposition to the 53 commercial look of the metal building, the applicant has decided to construct a site-built 54 accessory building with a brick exterior and roof to match the principal residential structure. 55 56 The property is located at 2303 Hillside Court, being described as Lot 1, Hillside Estates, an 57 addition to the City of Southlake, Tarrant County, Texas and being approximately .99 acres. The 58 current zoning is "SF1-A" Single Family Residential District. Applicant: Ross Garrett. 59 60 Richard Schell, Planner II, reported this item was tabled from the previous meeting on 61 September 24, 2009 and that Mr. Garrett has presented a revised plan from a metal building to 62 a site-built accessory building with a brick exterior and roof to match the principal residential 63 structure 64 65 The applicants, Ross Garrett 2303 Hillside Court, Southlake, Texas, once sworn in presented 66 items and answered questions for the Board. 67 68 Mr. Forman requested to be recused from ZBA Case # 581, Chairman Parrish accepted and 69 noted a quorum was still present. 70 71 Chairman Parrish opened the public hearing at 6:50 p.m. 72 73 Gregg Powell 2557 SW Grapevine Parkway, Suite 100, Grapevine, Texas, once sworn spoke in 74 favor of the proposed design as newly submitted. 75 76 Chairman Parrish closed the public hearing at 6:52 p.m. 77 78 Motion was made to approve the ZBA Case # 581 for Special Exception Use Permit for an 79 accessory building size greater than permitted. 80 81 Motion: Smith 82 Second: Waldman 83 Ayes: Mills, Smith, Waldman, Parrish 84 Nays: None 85 Abstain: None 86 Vote: 4-0 87 88 Motion carried. 89 9o Agenda Item No 5 - ZBA-582 Special Exception Use Permit for an Accessory Building. 91 Special Exception Use Permit per Ordinance No. 480, Section 44.12(3) permitting the 92 construction of accessory buildings or structures of a size or aggregate size greater than that 93 permitted under the accessory building requirements of the zoning district in which the property 94 lies. Ordinance No. 480, Section 11.50)1(i) requires that the sum of all accessory buildings shall 95 not exceed three percent (3%) of the lot area, which for this property is approximately one 96 thousand three hundred six (1,306) square feet. The applicant is requesting to construct a 97 detached garage/workshop of approximately one thousand five hundred fourteen (1,514) square 98 feet. 99 Zoning Board of Adjustment Meeting -October 15, 2009 Page 2 of 3 100 The property is located at 2305 Hillside Court, Southlake, Texas being described as Lot 2, 101 Hillside Estates and being approximately 1.09 acres. The current zoning is "SF1-A" Single 102 Family Residential District. Applicant: Chris Sykes. 103 104 Richard Schell, Planner II, reported twenty two (22) notices were mailed out within two hundred 105 (200) feet with seven (7) responses; Thomas Holland, 2401 Hillside Ct., Southlake, Texas in 106 favor, Terrell Mallory, 2304 Hillside Ct., Southlake, Texas in favor,- John and Yvette Gallagher, 107 2307 Hillside Ct., Southlake, Texas in favor, Robert and Beth Cunningham, 2403 Hillside Ct., 108 Southlake, Texas in favor, Morris C. and Glenda Gill, 2402 Hillside Ct., Southlake, Texas in 109 favor, Stacy L. Knight, signed Stacy L. Rozell, 2406 Hillside Ct., Southlake, Texas in favor,- 110 Charles and Shirley Free, 550 Randol Mill Ave., Southlake, Texas in favor. 111 112 The applicant's representative, Richard Ingram, 2305 Hillside Court, Southlake, Texas, once 113 sworn in presented items and answered questions for the Board. 114 115 Chairman Parrish opened the public hearing with no responses, and then closed the public 116 hearing at 7:10 p.m. 117 118 Motion was made to approve ZBA Case # 582 for Special Exception Use Permit for an 119 accessory building of a size greater than permitted. 120 121 Motion: Smith 122 Second: Waldman 123 Ayes: Smith, Waldman, Forman, Fairchild, Parrish 124 Nays: None 125 Abstain: None 126 Vote: 5-0 127 128 Motion carried. 129 130 Agenda Item No. 6 - Meeting Adjournment: Chairman Parrish adjourned the meeting at 131 7:12:13 p.m. on October 15, 2009. 132 133 134 135 136 137 o Parrish 138 Chairman 139 ATTEST: 140 141 142 143 Dianna Brawner 144 Board Secretary Zoning Board of Adjustment Meeting -October 15, 2009 Page 3 of 3 CONFLICT OF INTEREST AFFIDAVIT THE STATE OF TEXAS § COUNTY OF R4(V i § I, D, j op as a member of the , of the City of Southlake, make this affidavit and hereby on oath state the following: 1, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity, have a substantial interest in a business entity or real property as defined in Chapter 171, Texas Local Government Code, and/or City of Southlake No. 635-A and a vote is to be taken or a decision is to be made that will have a special economic effect on this business entity or real property. The agenda item affecting this business entity or real property is: COMPLETE (A) or (B): (A) The business entity is (name); or (B) The real property is located at: 1 ~y~'t~~~ ✓Y1cvl~c~/T I have a substantial interest because I, my spouse, and/or a person or persons related to me within the first degree of consanguinity or affinity have the following relationship to the business entity or real property which will likely be affected by the vote on the above-referenced agenda item: (check all which are applicable) Ownership of 10% or more of the voting stock or shares of the business entity. Ownership of 10% or more or $5,000 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of gross income for the previous year. Hold a position of member of the board of directors or other governing board of the business entity. Serve as an elected officer of the business entity. An employee of the business entity. Creditor, debtor or guarantor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Property of the person has been pledged to the business entity or is subject to a lien in favor of the business entity in the amount of five thousand dollars ($5,000.00) or more. Have an equitable or legal ownership of real property with a fair market value of at least $2,500.00. Other: A ) ) Upon filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision and from any further participation by discussion or debate regarding the above-referenced agenda item. I also affirm that this affidavit is being submitted to the City Secretary before the start of the meeting at which the agenda item in question is being addressed or as soon as practicable once I realized a potential conflict exists. Signed this _U_ day of Vo ytl),) ~eg, , 20D. ignature of Official The State of § County of ~ OLK ( OjZk_ § Before me, __j~)ly'Y-, 'c; on this day personally appeared ,'~~j©ol known to me (or proved to me on the oath of or through (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and stated that the statements made in this affidavit are within his personal knowledge and true and correct. r _ Given under my hand and seal of office this day of Y CJ , (SEAL) \\\`\\~~\„\\\\P'JNNotary Public in and the State of Texas . B C. R V Q ' = AGE '.7 .7 F OF TE~'P5 .a\` ~l/II II I I I I i l l l l 111\\\ ZONING BOARD OF ADJUSTMENT cl-Y(~E SIGN IN SHEET SOUTHLAKE Date.L-C-.to kc✓f l l a 0ccl Print Name Address Telephone Case # 2 2 23 3 S Ct 4~ ~~a Pr/ ne 7x-