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2011-04-28 CITY SO TEAS O F UTH LAKE t REGULAR ZONING BOARD OF ADJUSTMENT MEETING: APRIL 28, 2011 2 3 Location: Southlake Council Chambers 4 1400 Main Street, Southlake, Texas 5 6 Members Present: Chairman Laird Fairchild; Vice - Chairman Michael Forman; and Board 7 Members: Shawn McCaskill; Kate Smith; Michael Waldman; Lisa Amend, Alternate 1; and Chad 8 Patton, Alternate 3. 9 10 Members Absent: Phyllis Lambert, Alternate 2 and Dustin Andrews, Alternate 4. 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 28, 2011 Zoning Board 15 of Adjustment meeting to order at 6:30 p.m. 16 17 Agenda Item No. 2 — Approval of the Minutes: Chairman Fairchild opened the discussion of 18 the minutes of the Zoning Board of Adjustment meeting held on April 14, 2011. 19 20 A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on 21 April 14, 2011, as presented. 22 23 Motion: Smith 24 Second: McCaskill 25 Ayes: McCaskill, Smith, Patton, Amend, Fairchild 26 Nays: None 27 Abstain: Forman, Waldman 28 Vote: 5-0-2 29 30 Motion: Carried 31 32 Agenda Item No. 3 — Administrative Comments: Richard Schell, Planner II, announced that 33 there were no submittals received for the May 12, 2011 meeting, but should the Board accept 34 the requests for tabling Agenda Items 4 and 5, there would be a meeting on that date. 35 36 Agenda Item No. 4 - ZBA -609, Variance to Rear Yard Setback: Variance to Ordinance No. 37 480, Section 29.6 (d), requiring a rear yard setback of not less than twenty -five (25) feet, except 38 that the principal building may encroach as close to fifteen (15) feet to the rear property line as 39 long as no more than fifty percent (50 %) of the area between the twenty -five (25) foot and 40 fifteen (15) foot rear yard area and the ten (10) foot side yard setbacks is encroached. The 41 applicant is requesting a rear yard setback of ten (10) feet. The property is located at 1135 42 Haven Circle, Being described as Lot 18R, East Haven Addition, an addition to the City of 43 Southlake, Tarrant County, Texas, and being approximately 0.195 acres. The current zoning is 44 MH — Manufactured Housing District. Applicant: Jeff Tufts. 45 46 The applicant has requested to table this item to the May 12, 2011 Zoning Board of Adjustment 47 meeting. 48 Un- Official Zoning Board of Adjustment Meeting — April 28, 2011 Page 1 of 4 49 A motion was made to table ZBA -609, Variance to Rear Yard Setback, to the May 12, 2011 50 Zoning Board of Adjustment meeting at the applicant's request. 51 52 Motion: Smith 53 Second: Forman 54 Ayes: Forman, McCaskill, Smith, Waldman, Fairchild 55 Nays: None 56 Abstain:None 57 Vote: 5-0 58 59 Motion: Carried 60 61 Agenda Item No. 5 - ZBA -610, Variance to Side and Rear Yard Setbacks: Variance to 62 Ordinance No. 480, Section 14.5c and 14.5d, requiring a side yard setback of fifteen (15) feet 63 and a rear yard setback of 40 feet. The applicant is requesting a rear yard setback of thirty -eight 64 (38) feet ten (10) inches and a side yard setback of seven (7) feet seven (7) inches to construct 65 an addition to the principal residence. The property is located at 1025 Summerplace Lane, 66 being described as Lot 10, Block 3 Summerplace Addition, and addition to the City of Southlake, 67 Tarrant County, Texas, and being approximately 0.289 acres. The current zoning is "SF -20B" — 68 Single Family Residential District. Applicant: Threvolution. 69 70 The applicant has requested to table this item to the May 12, 2011 Zoning Board of Adjustment 71 meeting. 72 73 A motion was made to table ZBA -610, Variance to Side and Rear Yard Setbacks, to the May 74 12, 2011 Zoning Board of Adjustment meeting at the applicant's request. 75 76 Motion: Smith 77 Second: Forman 78 Ayes: Forman, McCaskill, Smith, Waldman, Fairchild 79 Nays: None 80 Abstain:None 81 Vote: 5-0 82 83 Motion: Carried 84 85 Agenda Item No. 6 - ZBA -611, Special Exception Use Permit for One Portable Building: 86 Carroll Independent School District is requesting approval of a Special Exception Use Permit 87 per Ordinance No. 480, Section 44.12 (7) for one portable building at Durham Intermediate 88 School. 89 90 The property is located at 801 Shady Oaks Drive, being described as Lot 1, Block 1, Carroll ISD 91 No. 1 Addition, an addition to the City of Southlake, Tarrant County, Texas, and being 92 approximately 28.98 acres. The current zoning is "CS" — Community Service District. SPIN 93 Neighborhood # 7. The applicant is Carroll Independent School District. 94 95 Richard Schell, Planner II, reported thirty (30) notices were mailed out within two hundred (200) 96 feet with no (0) responses having been received. 97 Unofficial - Zoning Board of Adjustment Meeting — April 28, 2011 Page 2 of 4 98 The applicant's representative, Derek Citty, 3051 Dove Road, Grapevine, Texas, once sworn in, 99 presented items for all three CISD portable building requests on the agenda and answered 100 questions for the Board. 101 102 Chairman Fairchild opened the public hearing for ZBA -611 and seeing no responses closed the 103 public hearing and opened discussion for the Board at 6:43 p.m. 104 105 Motion was made to approve ZBA -611, Special Exception Use Permit for one portable building, 106 as presented. 107 108 Motion: Waldman 109 Second: McCaskill 110 Ayes: Forman, McCaskill, Smith, Waldman, Fairchild 111 Nays: None 112 Abstain:None 113 Vote: 5-0 114 115 Motion: Carried 116 117 Agenda Item No. 7 - ZBA -612, Special Exception Use Permit for two portable buildings: 118 Carroll Independent School District is requesting approval of a Special Exception Use Permit 119 per Ordinance No. 480, Section 44.12 (7) for two portable buildings at Johnson Elementary 120 School. 121 122 The property is located at 1301 North Carroll Avenue, being described as Lot 13R1, Throop No. 123 1511 Addition, an addition to the City of Southlake, Tarrant County, Texas, and being 124 approximately 14.753 acres. The current zoning is "CS" — Community Service District. SPIN 125 Neighborhood # 3. The applicant is Carroll Independent School District. 126 127 Richard Schell, Planner II, reported twenty -four (24) notices were mailed out within two hundred 128 (200) feet with two (2) responses having been received: Sid and Gloria Lorio, 1212 Ashmoore 129 Court, Southlake, Texas; In Favor, Kermit L Stosberg, Jr., 1204 Blyth Lane, Southlake, Texas, 130 In Favor. 131 132 The applicant's representative, Derek Citty, 3051 Dove Road, Grapevine, Texas, still sworn in, 133 had nothing more to add for the Board. 134 135 Chairman Fairchild opened the public hearing for ZBA -612 and seeing no responses closed the 136 public hearing and opened discussion for the Board at 6:48 p.m. 137 138 Motion was made to approve ZBA -612, Special Exception Use Permit for two portable 139 buildings, as presented. 140 141 Motion: Waldman 142 Second: McCaskill 143 Ayes: Forman, McCaskill, Smith, Waldman, Fairchild 144 Nays: None 145 Abstain:None 146 Vote: 5-0 147 148 Motion: Carried Unofficial - Zoning Board of Adjustment Meeting — April 28, 2011 Page 3 of 4 149 150 Agenda Item No. 8 - ZBA -613, Special Exception Use Permit for Two Portable Buildings: 151 Carroll Independent School District is requesting approval of a Special Exception Use Permit 152 per Ordinance No. 480, Section 44.12 (7) for two portable buildings at Old Union Elementary 153 School. 154 155 The property is located at 1050 South Carroll Avenue, being described as Lot 1, Block 1, Carroll 156 ISD No. 5 Addition, an addition to the City of Southlake, Tarrant County, Texas, and being 157 approximately 16.081 acres. The current zoning is "CS" — Community Service District. SPIN 158 Neighborhood # 3. The applicant is Carroll Independent School District. 159 160 Richard Schell, Planner II, reported forty -two (42) notices were mailed out within two hundred 161 (200) feet with two (2) responses having been received: Thinh and Janet Nguyenphu, 612 162 Lorraine Drive, Southlake, Texas, Opposed To;Robert and Margaret Sympson, 712 Lorraine 163 Drive, Southlake, Texas, Opposed To. 164 165 The applicant's representative, Derek Citty, 3051 Dove Road, Grapevine, Texas still sworn in, 166 had nothing more to add for the Board. 167 168 Chairman Fairchild opened the public hearing for ZBA -613 and seeing no responses closed the 169 public hearing and opened discussion for the Board at 6:52 p.m. 170 171 Motion was made to approve ZBA -613, Special Exception Use Permit for two portable 172 buildings, as presented. 173 174 Motion: Waldman 175 Second: McCaskill 176 Ayes: Forman, McCaskill, Smith, Waldman, Fairchild 177 Nays: None 178 Abstain: None 179 Vote: 5-0 180 181 Motion: Carried 182 183 Agenda Item No. 9 — Meeting Adjournment: Chairman Fairchild adjourned the meeting at 184 6:52 p.m. on April 28, 2011. 185 186 187 188 189 190 Laird Fairchild 191 Chairman 192 193 ATTEST: 194 p 195 M�1n('�� ILC,UL1�6 a, 196 "� 197 Dianna Brawner 198 Board Secretary Unofficial - Zoning Board of Adjustment Meeting — April 28, 2011 Page 4 of 4 ZONING BOARD OF ADJUSTMENT SIGN IN SHEET SOUTHLAKE , DatJpf apt Print Name Address Telephone Case # v, ),; )2J ,SL \-17