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2010-02-25 CITY OF SOUTH LADE TEXAS 1 REGULAR ZONING BOARD OF ADJUSTMENT MEETING February 25, 2010 2 3 Location: Southlake Council Chambers 4 1400 Main Street, Southlake, Texas 5 6 7 Members Present: Chairman D. Todd Parrish and Board Members; Michael Forman; Vice- 8 Chairman :Laird Fairchild; Kate Smith; Michael Waldman; Lisa Amend, Alternate # 2; Michael 9 Mills, Alternate # 3. 10 11 Members Absent: Lewis Miltenberger, Alternate # 1; Thomas Joyner, Alternate # 4. 12 13 Staff Present: Richard Schell, Planner II; Dianna Brawner, ZBA Secretary. 14 15 Agenda Item No. 1 - Call to Order: Chairman D. Todd Parrish called the February 25, 2010 16 meeting to order at 6:30 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 January 28, 2010. 20 21 Motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on 22 January 28, 2010 as presented. 23 24 Motion: Fairchild 25 Second: Amend 26 Ayes: Mills, Smith, Waldman, Amend, Forman, Fairchild, Parrish 27 Nays: None 28 Abstain: None 29 Vote: 7-0-0 30 31 Motion carried. 32 33 Agenda Item No. 3 - Administrative Comments: Richard Schell, Planner II, announced at 34 this point, that no cases were received for the next scheduled meeting and unless we have 35 items tabled from tonight's meeting our next scheduled meeting will be on March 25, 2010. 36 37 Agenda Item No. 4 - ZBA-588, Variance to rear yard setback for sport courts. Variance to 38 Ordinance No. 480-503, which requires a rear yard of not less than forty feet (40') for sport 39 courts. The property is zoned Residential Planned Unit Development (RPUD) which requires a 40 forty foot (40') rear yard setback for sport courts along the southern boundary of the lots. Zoning 41 Ordinance No. 480, Section 30.5 allows the Zoning Board of Adjustments to grant variances of 42 up to ten percent (10%) of any required setback in the RPUD regulations. The applicant is 43 requesting a 10% variance to the required forty foot (40') rear yard setback for sport courts to 44 allow a setback of thirty-six (36') feet. 45 46 The property is located at 1161 La Mirada, being described as Lot 1, Block 1, La Mirada, an 47 addition to the City of Southlake, Tarrant County, Texas. The current zoning is "RPUD" 48 Residential Planned Unit Development. Owner: Chris Santore and the applicant: Aqua Luxe. 49 Zoning Board of Adjustment Meeting - February 25, 2010 Page 1 of 4 50 Richard Schell, Planner II reported twenty (20) notices went out within two hundred (200) feet 51 with four (4) received: Rajeev and Ruchita Mehta, 1418 Laurel Lane, Southlake, Texas, 52 opposed; David Rusher, 1065 Brittany Court, Southlake, Texas, in favor; Michael J Costello, 53 1862 N. Peytonville Avenue, Southlake, Texas, opposed; Sam and Lori Silver, 1420 Laurel 54 Lane, Southlake, Texas, opposed. 55 56 The applicant's representative for Aqua Luxe, Matty Le, 601 N. Great Southwest Parkway, 57 Arlington, Texas, once sworn in presented items and answered questions for the Board. 58 59 Chairman Parrish opened the public hearing for ZBA Case # 588 and seeing no responses 60 closed the public hearing and opened discussion for the Board at 7:15 p.m. at which time Ms. 61 Le requested to table until March 11, 2010. 62 63 Motion was made to approve the applicant's request to table ZBA Case # 588 until March 11, 64 2010. 65 66 Motion: Fairchild 67 Second: Smith 68 Ayes: Smith, Waldman, Forman, Fairchild, Parrish 69 Nays: None 70 Abstain: None 71 Vote: 5-0 72 73 Motion carried. 74 75 Agenda Item No. 5 - ZBA-590, Special Exception Use Permit for an accessory building of 76 a size greater than permitted. Special Exception Use Permit per Ordinance No. 480, Section 77 44.12 (3), and Zoning Ordinance No. 480, Section 11.500(1(i) requires that the sum total of all 78 accessory buildings shall not exceed four thousand (4,000) square feet. The applicant is 79 requesting to construct an accessory building of approximately 4,512 square feet to be used as 80 a barn. 81 82 The property is located at 4000 N. White Chapel Boulevard, being described as Lot 2, R.D. 83 Price No. 992 Addition, an addition to the City of Southlake, Tarrant County, Texas. The current 84 zoning is "SF-1A" Single Family Residential District and being approximately 5.43 acres. Owner: 85 Tim Creson. 86 87 Richard Schell, Planner II reported fifteen (15) notices went out within two hundred (200) feet 88 with four (4) responses: Daniel P. Emmer, 345 W. Bob Jones Road, Southlake, Texas, 89 undecided; Antony and Pierrette Francis, 208 King Ranch Road, Southlake, Texas, undecided; 90 Scott and Betty White, 108 King Ranch Road, Southlake, Texas, undecided; Kevin and Stacy 91 Morgan, 200 King Ranch Road, Southlake, Texas, undecided. 92 93 The applicant Tim Creson, 4000 N White Chapel Boulevard, Southlake, Texas once sworn in 94 presented items and answered questions for the Board. 95 96 Chairman Parrish opened the public hearing for ZBA Case # 589 at 7:40 p.m. 97 98 Dan Emmer, 345 W. Bob Jones Road, Southlake, Texas once sworn in was concerned about 99 the height and Richard addressed his concerns. Mr. Emmer was satisfied and was in favor of 100 the project. Zoning Board of Adjustment Meeting - February 25, 2010 Page 2 of 4 101 Scott White, 108 King Ranch Road, Southlake, Texas, once sworn in was concerned about the 102 number of stalls and the drainage. Ms. Smith described the layout of the barn and Mr. White 103 was satisfied and would allow Mr. Creson to address the drainage portion of his concern. 104 105 Antony Francis, 208 King Ranch Road, Southlake, Texas, once sworn in was concerned about 106 the location of the barn and it appearance to surrounding neighbors. 107 108 Chairman Parrish called Mr. Creson back to the podium to address the drainage and structural 109 location. Mr. Creson stated he had spent much time and energy to correct the past drainage 110 issues for his property and surrounding propertied and because of the current drainage, the 111 location chosen was the best site for the projedt. 112 113 Chairman Parrish closed the public hearing at 7:55 p. m. and opened discussion for the Board. 114 115 Motion was made to approve ZBA Case # 589 as presented. 116 117 Motion: Smith 118 Second: Waldman 119 Ayes: Smith, Waldman, Forman, Fairchild, Parrish 120 Nays: None 121 Abstain: None 122 Vote: 5-0 123 124 Motion carried. 125 126 Agenda Item No. 6 - ZBA-590. Special Exception Use Permit for an accessory building of 127 a size greater than permitted. Special Exception Use Permit per Ordinance No. 480, Section 128 44.12 (3), permitting the construction of accessory buildings or structures of a size or aggregate 129 size greater than permitted on approximately 0.57 acres. Zoning Ordinance No. 480, Section 130 11.500)1(i) requires that the sum total of all accessory buildings shall not exceed six hundred 131 (600) square feet. The applicant is requesting to construct an accessory building of 132 approximately 1,311 square feet, consisting of a three car garage, an exercise room and a 133 storage room. 134 135 The property is located at 2803 Watts Court, being described as Lot 13, Block 1, Ridgewood 11 136 Addition, an addition to the City of Southlake, Tarrant County, Texas. The current zoning is "SF- 137 20A" Single Family Residential District and being approximately 0.57 acres. Owner: Bruce and 138 Vicki Fields. 139 140 Richard Schell, Planner II reported thirty-nine (39) notices went out within two hundred (200) 141 feet with twelve (12) responses: Mark Miller, 601 Royal Lane, Southlake, Texas, opposed; 142 Michael and Marsha Eagleston, 613 Warrington Lane, Southlake, Texas, opposed; James and 143 Bertie Yost, 601 Warrington Lane, Southlake, Texas, in favor; Keith and Sharon Petty 603 144 Warrington Lane, Southlake, Texas, in favor; Ken Burghart, 619 Warrington Lane, Southlake, 145 Texas, opposed; Stephen and Sabrina McNair, 605 Warrington Lane, Southlake, Texas, in 146 favor; William Roepka, 621 Warrington Lane, Southlake, Texas, opposed; William and Evelyn 147 Bissett, 611 Warrington Lane, Southlake, Texas, opposed; Tom and Jennifer Corradino, 2804 148 Watts Court, Southlake, Texas, opposed; Frank and Sharon Senna, 2800 Watts Court, 149 Southlake, Texas, undecided; Marlene Klepikow, 615 Warrington Lane, Southlake, Texas, 150 opposed; Winston Barrant, 2805 Watts Court, Southlake, Texas, opposed. 151 Zoning Board of Adjustment Meeting - February 25, 2010 Page 3 of 4 152 Chairman Parrish called for a short break to allow staff to make copies of the notification 153 response forms received during the meeting and hand them out to the Board members. 154 155 Chairman Parrish called the meeting back to order at 8:15 p.m. and Richard finished the 156 presentation of ZBA Case # 590. 157 158 The applicant Bruce Fields, 2803 Watts Court, Southlake, Texas, once sworn in presented 159 items and answered questions for the Board. Once Mr. Fields was finished with his presentation 160 he felt it would be to his advantage to table ZBA Case # 590 until March 11, 2010 in order to 161 meet with the HOA and talk to more of his neighbors. 162 163 Motion was made to approve the applicant's request to table ZBA Case # 590 until March 11, 164 2010. 165 166 Motion: Fairchild 167 Second: Smith 168 Ayes: Smith, Waldman, Forman, Fairchild, Parrish 169 Nays: None 170 Abstain: None 171 Vote: 5-0 172 173 Motion carried. 174 175 Agenda Item No. 7 - Meeting Adjournment: Chairman Parrish adjourned the meeting at 176 8:43:28 p.m. on February 25, 2010. 177 178 179 180 ~r 181 00 182 183 D. Todd Parrish 184 Chairman 185 ATTEST: 186 187 188 189 Dianna Brawner 190 Board Secretary Zoning Board of Adjustment Meeting - February 25, 2010 Page 4 of 4 ZONING BOARD OF ADJUSTMENT SIGN IN SHEET SOUTHLAKE Date.~-ebrua d~u Print Name Address Telephone Case # A'C'S 0~ 40d A) 4, l P L v 617 y9/ -169 3 _os6~ 8717 -7140 .~~✓7D/Pr`y' C ~ ~ ~ r~ . 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