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2011-04-14 CITY O F SOUTHLAKE TEXAS t REGULAR ZONING BOARD OF ADJUSTMENT MEETING: APRIL 14, 2011 2 3 Location: Southlake Council Chambers 4 1400 Main Street, Southlake, Texas 5 6 Members Present: Chairman Laird Fairchild; and Board Members: Shawn McCaskill; Kate 7 Smith; Lisa Amend, Alternate # 1; Phyllis Lambert, Alternate # 2; Chad Patton, Alternate # 3; 8 and, Dustin Andrews, Alternate # 4. 9 10 Members Absent: Vice - Chairman Michael Forman; Michael Waldman. 11 12 Staff Present: Richard Schell, Planner II; and Dianna Brawner, Board Secretary. 13 14 Agenda Item No. 1 — Call to Order: Chairman Fairchild called the April 14, 2011 Zoning Board 15 of Adjustment meeting to order at 6:35 p.m. 16 17 Agenda Item No. 2 — Oath of Office for the Newly Appointed Zoning Board of Adjustment 18 Member: 19 20 Dianna Brawner, Board Secretary, administered the Oath of Office to Chad Patton at 6:38 p.m. 21 22 Agenda Item No. 3 — Approval of the Minutes: Chairman Fairchild opened discussion of the 23 minutes of the Zoning Board of Adjustment meeting held on March 10, 2011. 24 25 A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on 26 March 10, 2011 as presented to the Board. 27 28 Motion: Smith 29 Second: Amend 30 Ayes: McCaskill, Lambert, Smith, Andrews, Amend, Fairchild 31 Nays: None 32 Abstain: Patton 33 Vote: 6-0-1 34 35 Motion: Carried 36 37 Agenda Item No. 4 — Administrative Comments: 38 39 Richard Schell, Planner II, announced that three submittals have been received for the April 28, 40 2011 meeting. 41 42 Agenda Item No. 5 - ZBA -608, Special Exception Use Permit for a Family Quarters: Special 43 Exception Use Permit per Ordinance No. 480, Section 44.12 (1) for a family quarters. The 44 applicant is requesting to convert the existing residence with approximately 1,600 square feet of 45 living space into family quarters once construction of a new home on the lot is completed. 46 47 The property is located at 2527 and 2555 Florence Road, being described as Lot 1, Block 1, 48 Charles W. Halfman Addition, an addition to the City of Southlake, Tarrant County, Texas, and 49 Tract 9D6, J.J. Freshour Survey, Abstract No. 521, Southlake, Tarrant County, Texas and Zoning Board of Adjustment Meeting — April 14, 2011 Page 1 of 4 50 being approximately 4.657 acres. The current zoning is "SF -2" - Single Family Residential 51 District. The applicant's are Patrick and Randi Worsham. 52 53 Richard Schell, Planner II, reported nine (9) notices were mailed out within two hundred (200) 54 feet with no responses having been received. 55 56 The applicant Patrick Worsham, 2555 Florence Road, Southlake, Texas; once sworn in, 57 presented items and answered questions from the Board. 58 59 Chairman Fairchild opened the public hearing at 6:48 p.m. seeing no response, closed the 60 public hearing and opened discussion among the Board members. 61 62 A motion was made to approve ZBA -608, Special Exception Use Permit per Ordinance No. 63 480, Section 44.12 (1) for family quarters, as presented. 64 65 Motion: Smith 66 Second: Amend 67 Ayes: McCaskill, Lambert, Smith, Amend, Fairchild 68 Nays: None 69 Abstain: None 70 Vote: 5-0 71 72 Motion: Carried 73 74 Agenda Item No. 6 - ZBA -609, Variance to Rear Yard Setback: Variance to Ordinance No. 75 480, Section 29.6 (d), requiring a rear yard setback of not less than twenty -five (25) feet, except 76 that the principal building may encroach as close to fifteen (15) feet to the rear property line as 77 long as no more than fifty percent (50 %) of the area between the twenty -five (25) foot and 78 fifteen (15) foot rear yard area and the ten (10) foot side yard setbacks is encroached. 79 80 The property is located at 1135 Haven Circle, being described as Lot 18R, East Haven Addition, 81 an addition to the City of Southlake, Tarrant County, Texas and being approximately 0.195 82 acres. The current zoning is MH — Manufactured Housing District. The applicant is Jeff Tufts. 83 84 Richard Schell, Planner II, reported twenty -seven (27) notices were mailed out within two 85 hundred (200) feet with two (2) responses having been received, Mark A. Schulte, 1200 Haven 86 Circle, Southlake, Texas, opposed; Bill and Myrna Keller, 1125 Haven Circle, Southlake, Texas, 87 opposed. 88 89 Dustin Andrews requested to recuse himself from ZBA -609 due to a conflict of interest, 90 Chairman Fairchild accepted his request. 91 92 The applicant Jeff Tufts, 1812 Masters Drive, DeSoto, Texas; once sworn in, presented items 93 and answered questions from the Board. 94 95 Roger Hill, applicant's contractor, 8420 Glen Eagle, Ovilla, Texas; once sworn in, gave 96 additional information and answered questions from the Board. 97 98 Chairman Fairchild opened the public hearing at 7:25 p.m. 99 Zoning Board of Adjustment Meeting — April 14, 2011 Page 2 of 4 100 Mark Schulte, 1200 Haven Circle, Southlake, Texas; once sworn in was concerned about the 101 present zoning and felt the proposed house was too big for the size of the lot. 102 103 Chairman Fairchild called a short recess at 7:36 p.m., because several vehicles needed to be 104 moved for Art in the Square. 105 106 Chairman Fairchild called the meeting back to order at 7:48 p.m., stated that the public hearing 107 was still open and asked if anyone would like to speak. 108 109 William Keller, 1125 Haven Circle, Southlake, Texas; once sworn, felt that this development was 110 misrepresented by the builder from the beginning and was concerned that more problems would 111 occur if the plans were not redone to fit the requirements of the lot. 112 113 Chairman Fairchild closed the public hearing at 7:59 p.m. and opened discussion among the 114 Board members. 115 116 Mr. Tufts requested the Board to table ZBA -609 until the April 28, 2011 meeting. 117 118 A motion was made to table ZBA -609, Variance to Rear Yard Setback, to the April 28, 2011 119 Zoning Board of Adjustment meeting, at the Applicant's request. 120 121 Motion: Smith 122 Second: McCaskill 123 Ayes: McCaskill, Lambert, Smith, Amend, Fairchild 124 Nays: None 125 Abstain: None 126 Vote: 5-0 127 128 Motion: Carried 129 130 Agenda Item No. 7 - ZBA -610, Variance to Side and Rear Yard Setbacks: Variance to 131 Ordinance No. 480, Section 14.5c and 14.5d, requiring a side yard setback of fifteen (15) feet 132 and a rear yard setback of 40 feet. The applicant is requesting a rear yard setback of thirty -eight 133 (38) feet ten (10) inches and a side yard setback of seven (7) feet seven (7) inches to construct 134 an addition to the principal residence. 135 136 The property is located at 1025 Summerplace Lane, Southlake, Texas, being described as Lot 137 10, Block 3, Summerplace Addition, an addition to the City of Southlake, Tarrant County, Texas 138 and being approximately 0.289 acres. The current zoning is "SF -20B" Single Family Residential 139 District. The applicant is Threvolution, on behalf of Diane Borkowski. 140 141 Richard Schell, Planner 11, reported forty -six (46) notices were mailed out within two hundred 142 (200) feet with three (3) responses having been received, Lori J Billman, 1023 Summerplace Ln, 143 Southlake, Texas, in favor; Edward and Myrtie Burke, 1029 Summerplace Lane, Southlake, 144 Texas, in favor, Paige McLeod, 1027 Summerplace Lane, Southlake, Texas, in favor, Katherine 145 and Troy Findlay, 802 Dove Creek Trail, Southlake, Texas, in favor. 146 147 The applicant's representative, Thomas Burkhardt, 4760 Preston Rd, Dallas, Texas; once sworn 148 in, presented items and answered questions from the Board. 149 150 Chairman Fairchild opened the public hearing at 8:23 p.m. Zoning Board of Adjustment Meeting — April 14, 2011 Page 3 of 4 151 152 Diane Borkowski, applicant, 1025 Summerplace Lane, Southlake; Texas; once sworn in gave 153 further details to the Board and answered questions. 154 155 Ben Henderson, 6301 Stonewood Drive, Plano, Texas; once sworn in gave additional 156 information regarding the design and the setbacks. 157 158 Chairman Fairchild closed the public hearing at 8:33 p.m. and opened discussion from the 159 Board. 160 161 Chairman Fairchild reopened the public hearing at 8:40 p.m. 162 163 Diane Borkowski, applicant, 1025 Summerplace Lane, Southlake, Texas; requested to table 164 ZBA -610, Variance to Side and Rear Yard Setbacks, to the April 28, 2011 meeting. 165 166 Chairman Fairchild closed the public hearing at 8:41 p.m. 167 168 A motion was made to table ZBA -610, to the April 28, 2011 Zoning Board of Adjustment 169 meeting, at the Applicant's request. 170 171 Motion: Smith 172 Second: McCaskill 173 Ayes: McCaskill, Lambert, Smith, Amend, Fairchild 174 Nays: None 175 Abstain: None 176 Vote: 5-0 177 178 Motion: Carried 179 180 Agenda Item No. 8 — Meeting Adjournment: Chairman Fairchild adjourned the meeting at 181 8.42 p.m. on April 14, 2011. 182 183 184 185 /" c e/, 186 v ` (� 187 Laird Fairchild 188 Chairman 189 190 ATTEST: 191 193 k A A �-- 194 Dianna Brawner 195 Board Secretary Zoning Board of Adjustment Meeting - April 14, 2011 Page 4 of 4 ZONING BOARD OF ADJUSTMENT SIGN IN SHEET SOUTHLAKE Ap61, Date: , ) ckti Print Name Address Telephone Case # P eAF cvd Ffi /e 2- 93 -za a IL /1/4d ;/1(_071y J 1 -4V qp, 6t7/ 14)e /, 12 -or Pa /70.1 st 1,0kWEVetk Kee -teR a 5 Ile t Er 7 4-c1 a&h ,Y9pits Y760P 1.0/ 2N l(_ VZ 7S/ 7e627 / f'- /D�S O �L! i� %/ /.4 3evo 4)7. ?i %V-7J71