2010-10-28 CITY O F
SOUTHLAKE
TEXAS
1 REGULAR ZONING BOARD OF ADJUSTMENT MEETING October 28, 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; Kate Smith; Michael Waldman; Lisa Amend, Alternant # 1; Phyllis
8 Lambert, Alternate # 2; and Shawn McCaskill, Alternate # 3.
9
10 Members Absent: Dustin Andrews, Alternate # 4.
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 October 28, 2010 Zoning
16 Board of Adjustment meeting to order at 6:33:03 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 October 14, 2010.
20
21 Motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
22 October 14, 2010 as presented to the Board.
23
24 Motion: Smith
25 Second: Waldman
26 Ayes: Amend, Forman, McCaskill, Lambert, Smith, Waldman, Parrish
27 Nays: None
28 Abstain: Fairchild
29 Vote: 7-0-1
30
31 Motion carried.
32
33 Agenda Item No. 3 — Administrative Comments: Richard Schell, Planner II, announced that
34 the next meeting will be November 11, 2010.
35
36 Agenda Item No. 4 - ZBA -601, Variance to number of parking spaces required: Variance to
37 Ordinance No. 480, Section 35.6, regarding the number of parking spaces required. The
38 applicant, Bill Archer is requesting to lease two thousand nine hundred forty -five (2,945) square
39 feet of available space in Southlake Center at Kimball Avenue to an urgent care provider, which
40 would bring the required parking for all uses in the center to ninety -five (95) spaces. There are
41 currently eighty -five (85) parking spaces on the site. A variance is requested to allow a reduction
42 in the required number of parking spaces from ninety -five (95) spaces to eighty -five (85) spaces.
43
44 The property is located at 2315 East Southlake Boulevard, being described as Lot 2, Block 1,
45 Perry/Allen Addition, an addition to the City of Southlake, Tarrant County, Texas and being
46 approximately 1.714 acres. The current zoning is "C -3" General Commercial District, the
47 applicant is Bill Archer.
48
49 Richard Schell, Planner II, reported ten (10) notices went out within two hundred (200) feet with
50 no responses having been received.
51
Zoning Board of Adjustment Meeting — October 28, 2010
Page 1 of 3
52 The applicant, Bill Archer, 6347 DeLooch, Dallas, Texas, once sworn in, presented items and
53 answered questions for the Board.
54
55 Chairman Parrish opened the public hearing at 6:59:38 p. m.
56
57 Ed Sims, 4416 Fairway Drive, Flower Mound, Texas, one of the project owners, once sworn in,
58 spoke in favor. Mr. Sims stated, after researching the area at different days and times of the
59 week, he felt the hours their business will be open are different than those required for peak
60 parking for the other established businesses.
61
62 Chairman Parrish closed the public hearing at 7:02:57 p. m. and opened discussion among the
63 Board members.
64
65 Chairman reopened the public hearing for the applicant to respond to additional concerns by the
66 Board at 7:26:10 p.m.
67
68 Bill Archer, still sworn in, addressed the Board's concerns regarding parking.
69
70 Chairman Parrish closed the public hearing at 7:34:37 p.m.
71
72 Motion was made to approve ZBA Case # 601, decreasing the required parking from ninety -five
73 (95) spaces to eighty -five (85) spaces.
74
75 Motion: Fairchild
76 Second: Waldman
77 Ayes: Forman, Fairchild, Smith, Waldman, Parrish
78 Nays: None
79 Abstain: None
80 Vote: 5-0
81
82 Motion carried.
83
84 Agenda Item No. 5 - ZBA -602, Special Exception Use Permit for Accessory Building
85 • reater than size •ermitted and Variance to rear and setback for 2301 Florence Road:
86 Special Exception Use Permit per Ordinance No. 480, Section 44.12 (3) to allow construction of
87 an accessory building of a size greater than that permitted, which in this case is 750 square
88 feet, and a Variance to Ordinance 480, Section 34.2 (a), requiring accessory buildings to be
89 located no closer than ten (10) feet to a property line located in the rear yard. The Variance is
90 requested to bring the workshop into compliance with Zoning Ordinance 480, Section 34.2 (a),
91 which requires a setback of ten (10) feet from the rear yard. A building permit was not issued for
92 the existing workshop, so a permit for the workshop and the proposed covered area will be
93 required if the Special Exception Use and the Variance are approved. If the variance for the
94 setback is denied, the applicant will have to remove the portion of the workshop that extends
95 into the required rear yard setback or acquire additional property to the south and replat the
96 property to create a boundary that is at least ten (10) feet from the workshop.
97
98 The property is located at 2301 Florence Road, being described as Lot 4, J.J. Freshour Addition
99 No. 521, an addition to the City of Southlake, Tarrant County, Texas and being approximately
100 0.974 acres. The current zoning is "SF -30" Single Family Residential District the applicant is
101 David and Emily Scott.
102
103 Richard Schell, Planner II, reported five (5) notices went out within two hundred (200) feet with
104 one (1) response having been received, Alvin T. Cain, 630 Randol Mill Avenue, Southlake,
105 Texas, in favor.
Zoning Board of Adjustment Meeting — October 28, 2010
Page 2 of 3
106
107 The applicant, David Scott, 2301 Florence Road, Southlake, Texas, once sworn in, presented
108 items and answered questions for the Board.
109
110 Chairman Parrish opened the public hearing at 8:20:48 p. m.
111
112 Emily Scott, 2301 Florence Road, Southlake, Texas, once sworn in spoke in favor offering
113 additional information for the Board
114
115 Chairman Parrish closed the public hearing at 8:24:52 p. m. and opened discussion among the
116 Board members.
117
118 Vice - Chairman Fairchild started to make a motion and was interrupted by the Attorney, Steve
119 Wood, who addressed the drainage as not being an issue. He further stated without a
120 comprehensive study being done, it is difficult to determine the extent of the problem and
121 perhaps the applicant could re- address the Board concerning the drainage.
122
123 Chairman Parrish reopened the public hearing at 8:32:39 p.m.
124
125 David Scott, still sworn in, stated that he has already been in discussion with the only neighbor
126 the drainage affects and between the two Mr. Scott has agreed to do whatever is necessary to
127 repair the problem to the satisfaction of both.
128
129 Chairman Parrish closed the public hearing at 8:36:13 p.m.
130
131 Motion was made to approve ZBA Case # 602 for the Variance for the rear yard setback for the
132 existing eight hundred (800) square feet workshop reducing the rear yard setback from ten (10)
133 feet to six (6) feet and ZBA Case # 602 Special Exception Use allowing for up to sixteen
134 hundred eleven (1,611) square feet of accessory buildings.
135
136 Motion: Fairchild
137 Second: Waldman
138 Ayes: Forman, Fairchild, Smith, Waldman Parrish
139 Nays: None
140 Abstain: None
141 Vote: 5-0
142
143 Motion carried.
144
145 Agenda Item No. 6 — Meeting Adiournment: Chairman Parrish adjourned the meeting at
146 8:38:11 p.m. on October 28, 2010.
147
148
149
150
151 ATTEST: 0. Todd Parrish
152 Chairman
153
154 "D LC 4
155
156 Dianna Brawner
157 Board Secretary
Zoning Board of Adjustment Meeting — October 28, 2010
Page 3 of 3
ZONING BOARD OF ADJUSTMENT
.- SIGN IN SHEET
SOUTHLAKE
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