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2010-09-16 CITY O F SOUTH LAKE TEXAS 1 REGULAR ZONING BOARD OF ADJUSTMENT MEETING September 16, 2010 2 3 Location: Southlake Council Chambers 4 1400 Main Street, Southlake, Texas 5 6 Members Present: Chairman D. Todd Parrish; Vice - Chairman Laird Fairchild; and Board 7 Members: Michael Forman; Lisa Amend, Alternant # 1; Phyllis Lambert, Alternate # 2; Shawn 8 McCaskill, Alternate # 3; and Dustin Andrews, Alternate # 4. 9 10 Members Absent: Kate Smith; Michael Waldman. 11 12 Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard 13 Schell, Planner II; Steve Wood, City Attorney; and Dianna Brawner, Board Secretary. 14 15 Agenda Item No. 1 — Call to Order: Chairman Parrish called the September 16, 2010 Zoning 16 Board of Adjustment meeting to order at 6:33:36 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 August 26, 2010. 20 21 Motion was made to approve minutes of the Zoning Board of Adjustment meeting held on 22 August 26, 2010 as presented to the Board. 23 24 Motion: Fairchild 25 Second: Forman 26 Ayes: McCaskill, Lambert, Amend, Andrews, Foreman, Fairchild, Parrish 27 Nays: None 28 Abstain: None 29 Vote: 7-0 30 31 Motion carried. 32 33 Chairman Parrish called for an Executive Session at 6:38:55 p.m. Pursuant to Section 551.071, 34 Texas Government Code, the Commission may meet in executive session to consult with the City 35 Attorney regarding matters authorized by Section 551.071, including matters posted on this 36 agenda. 37 38 Chairman Parrish reconvened from the Executive Session at 6:58:13 p.m. No action was 39 necessary. 40 41 Agenda Item No. 3 — Administrative Comments: Richard Schell, Planner II, announced that 42 there were no submittals for the September 30, 2010 meeting and that there would not be a 43 meeting on that date unless an item is tabled at tonight's meeting. 44 45 Agenda Item No. 4 - ZBA -597, Variance to Maximun Height Requirement for Accessory 46 Buildings: Variance to Ordinance No. 480, Section 34.2 (e), requiring that accessory buildings 47 not exceed one story or fourteen (14) feet in height. The applicant is proposing to construct an 48 accessory building twenty -three (23) feet in height. 49 Zoning Board of Adjustment Meeting — September 16, 2010 Page 1 of 4 50 The property is located at 927 Turnberry Lane, being described as Lot 27, Block 3, Coventry 51 Manor Addition, Phase 1, an addition to the City of Southlake, Tarrant County, Texas and being 52 approximately 0.642 acres. The current zoning is "R -PUD" Residential Planned Unit 53 Development District. Owner: Joseph and Elizabeth DePumpo. 54 55 Richard Schell, Planner II, reported fifty -two (52) notices went out within two hundred (200) feet 56 and ten (10) responses have been received: Christopher D. Sims, 1600 Devon Court, 57 Southlake, Texas, Opposed; Timothy P. Orfield, 1603 Kings Court, Southlake, Texas, In Favor, 58 Coventry Manor HOA, 904 Turnberry Lane, Southlake, Texas, Unopposed; Michael Rowan, 911 59 Turnberry Lane, Southlake, Texas, In Favor, Jennifer and Michael Rath, 929 Turnberry Lane, 60 Southlake, Texas, Undecided; Monty and Deneen Patterson, 1404 Exeter Court, Southlake, 61 Texas, In Favor, Dana R. and Leslie D. Arnold, 920 Turnberry Lane, Southlake, Texas, 62 Opposed; Bruce and Linda Galbraith, 1401 Ramsgate Court, Southlake, Texas, In Favor, Lisa 63 C. Mlinac, 923 Turnberry Lane, Southlake, Texas, Undecided; David W. and Catherine D. 64 Singley, Jr., 1400 Exeter Court, Southlake, Texas, Undecided. 65 66 The applicant, Joseph DePumpo, 927 Turnberry Lane, Southlake, Texas, once sworn in, 67 presented items and answered questions for the Board. 68 69 Chairman Parrish opened the public hearing and seeing no one, closed the public hearing at 70 7:11:36 p.m and opened discussion for the Board. 71 72 Motion was made to deny ZBA Case # 597. 73 74 Motion: Fairchild 75 Second: Forman 76 Ayes: Lambert, Forman, Fairchild, Parrish 77 Nays: Amend 78 Abstain: None 79 Vote: 4-1-0 80 81 Motion carried. 82 83 Agenda Item No. 5 - ZBA -598, Variance to rear yard setback for accessory buildings: 84 Variance to Ordinance No. 480, Section 34.2 (a), requiring accessory buildings and structures to 85 be located no closer than ten (10) feet to a property line located in the rear yard. The applicant 86 is requesting a rear yard setback of eight (8) feet three (3) inches to construct a cabana and 87 shade area. 88 89 The property is located at 1922 White Oak Clearing, being described as Lot 5, Block 4, 90 Southlake Woods Addition, Phase III, an addition to the City of Southlake, Tarrant County, 91 Texas, and being approximately 0.459 acres. The current zoning is "SF -20A" — Single Family 92 Residential District. Applicant: John Thorburn. 93 94 Richard Schell, Planner 11, reported sixty -nine (69) notices went out within two hundred (200) 95 feet and six (6) responses have been received: Ramachandran and Shubana Sivasankar, 1917 96 White Oak Clearing, Southlake, Texas; In Favor; Theresa Barnes, 1900 Shooting Star Lane, 97 Southlake, Texas; In Favor; Todd R. Shurtz, 624 Honeysuckle Hollow, Southlake, Texas; In 98 Favor, Bobby and Nai -Chia Wang, 1917 Country Moss Way, Southlake, Texas: In Favor, 99 Kalaimani Subramanian, 1913 Country Moss Way, Southlake, Texas, In Favor; Victor Vescovo, 100 6715 Orchid Lane, Dallas, Texas, Opposed. Zoning Board of Adjustment Meeting — September 16, 2010 Page 2 of 4 101 The property owner, Soo Nee Hong, 1922 White Oak Clearing, Southlake, Texas, once sworn 102 in, presented items and answered questions for the Board. 103 104 Chairman Parrish opened the public hearing at 7:34:16. 105 106 David Voss, 656 Oriole, Dallas, Texas, once sworn in, spoke in favor of the project. 107 108 Chairman Parrish closed the public hearing and opened discussion for the Board. 109 110 Motion was made to approve ZBA Case # 598 as presented. 111 . 112 Motion: Fairchild 113 Second: Forman 114 Ayes: Lambert, Amend, Forman, Fairchild, Parrish 115 Nays: None 116 Abstain: None 117 Vote: 5 -0 118 119 Motion carried. 120 121 Agenda Item No. 6 - ZBA -599, Special Exception Use Permit for an accessory building of 122 a size greater than permitted: Special Exception Use Permit per Ordinance No. 480, Section 123 44.12 (3) to allow construction of accessory buildings or structures greater than the size or 124 aggregate size permitted in the zoning district, which is 600 square feet. The applicant is 125 proposing to construct a cabana and arbor totaling approximately 896 square feet. 126 127 The property is located at 1009 Whittington Place, being described as Lot 3, Block 3, Shady 128 Oaks Addition, Phase 1A, an addition to the City of Southlake, Tarrant County, Texas, and 129 being approximately 0.467 acres. The current zoning is "SF -20A — Single Family Residential 130 District. Applicant: Harrell Custom Homes, Inc. 131 132 Richard Schell, Planner II, reported five (5) notices went out within two hundred (200) feet and 133 four (4) responses have been received: Home Builders Alliance, Inc., P.O.Box 93059, 134 Southlake, Texas, In Favor; Terra /Shady Oaks, LP, 395 West Northwest Pkwy, Suite 300, 135 Southlake, Texas, In Favor; HMO Association of Shady Oaks, Inc., 395 West Northwest Pkwy, 136 Suite 300, Southlake, Texas, In Favor; Harrell Custom Homes, Inc., 395 West Northwest Pkwy, 137 Suite 300, Southlake, Texas, In Favor. 138 139 The applicant's representative, Kosse Maykus, 608 Chapel Court, Southlake, Texas, once 140 sworn in, presented items and answered questions for the Board. 141 142 Chairman Parrish called for an Executive Session at 8:07:03 p.m. Pursuant to Section 551.071, 143 Texas Government Code, the Commission may meet in executive session to consult with the City 144 Attorney regarding matters authorized by Section 551.071, including matters posted on this 145 agenda. 146 147 Chairman Parrish reconvened from the Executive Session at 8:19:21 p.m. No action was 148 necessary. 149 150 Chairman Parrish opened the public hearing and seeing no one, closed the public hearing at 151 8:20:26 p.m. and opened discussion for the Board. Zoning Board of Adjustment Meeting — September 16, 2010 Page 3 of 4 152 Motion was made to approve ZBA Case # 599, subject to the 392 square foot arbor being 153 determined by City staff to be a detached accessory structure. 154 155 Motion: Fairchild 156 Second: Forman 157 Ayes: Lambert, Amend, Forman, Fairchild, Parrish 158 Nays: None 159 Abstain: None 160 Vote: 5-0 161 162 Motion carried. 163 164 Agenda Item No. 7 — Meeting Adjournment: Chairman Parrish adjourned the meeting at 165 8:24:36 p.m. on September 16, 2010. 166 167 168 -� 169 ATTEST: D. odd Parrish 170 Chairman 171 172 173 I , h�N�MO� 174 canna Brawner 175 Board Secretary 176 Zoning Board of Adjustment Meeting — September 16, 2010 Page 4 of 4 ZONING BOARD OF ADJUSTMENT SIGN IN SHEET SOUTHLAKE � 3 Date: SQ1 Th X f 1( ) DD 10 Print Name / �, Address Telephone Case # Jqk I /�i �^ o ' 2 2 / . l3D �1�� j-frA / » Ot ` - NZ' 6i a ] ).-- f to f D V ��v 92 61)434 . / Lt 39V75,7