2009-01-29 ZBA meeting
CITY OF
SOUTHLAKE
TEXAS
REGULAR BOARD OF ADJUSTMENT MEETING January 29, 2009
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers of Town Hall
EXECUTIVE SESSION: If a need arises to seek the advice from the City Attorney as to the posted
subject matter of this Board of Adjustment meeting, the issues or matters will be discussed in
executive session.
1. Pursuant to Section 551.071, Texas Government Code, the Board may meet in executive
session to consult with the City Attorney regarding matters authorized by Section 551.071,
including matters posted on this agenda.
2. Reconvene: Action necessary on items discussed in executive session.
REGULAR SESSION: 6:30 P.M.
1. Call to Order.
2. Approval of the minutes of the October 30, 2008 regular Board of Adjustment meeting.
3. Administrative Comments.
REGULAR AGENDA:
4. Consider: ZBA-556, Variance to Ordinance No. 480, Section 39.1, requiring that fences,
walls, and hedges permitted as a screening, decorative or containment element
are not to exceed eight (8) feet in height. The applicant is requesting to construct
a retaining wall eleven (11) feet in height. The property is located 855 Harbor
Court, being described as Lot 2, Block 1, Huse Homeplace Addition, Southlake,
Tarrant County, Texas and being approximately 2.6 acres. The current zoning is
"SF1-A" Single-Family Residential District. Applicant: John Askew Company. The
applicant has withdrawn this application after public notice had been given,
which requires formal consent of the Board.
5. Consider: ZBA-00557, Special Exception Use Permit per Ordinance No. 480, Section 44.12
(7) for portable buildings. The applicant is requesting an extension on the
approval of one existing temporary portable building at Bethel Methodist Church
of Southlake for Sunday School classrooms. The property is located at 190 S.
White Chapel Boulevard, being described as Lot 4, H. Granberry No. 581
Addition, Southlake, Tarrant County, Texas and being approximately 1.08 acres.
The current zoning is "CS" Community Service District. Applicant: Chuck Hallett.
PUBLIC HEARING
CITY OF
SOUTHLAK.E
TEXAS
6. Consider: ZBA-558, Variance to Ordinance No. 480, Section 33.14, requiring a minimum lot
size of one acre for the use of an on-site-sewage facility (OSSF). The applicant is
requesting to have an OSSF on a lot that will be approximately 0.94 acres. The
property is located at 1029 Burney Lane, being described as Tract 2A1, John
Childress Heirs Survey, Abstract No. 254, Southlake, Tarrant County, Texas and
being approximately 0.94 acres. The current zoning is "SF1-A" Single-Family
Residential District. Applicant: Jewel Chadd.
PUBLIC HEARING
7. Consider: ZBA-559, Variance to Ordinance No. 480, Section 11.5(f), requiring the minimum
area of a lot to be forty three thousand five hundred sixty (43,560) square feet.
The applicant is requesting a lot to be approximately 40,903 square feet. The
property is located at 1029 Burney Lane, being described as Tract 2A1, John
Childress Heirs Survey, Abstract No. 254, Southlake, Tarrant County, Texas and
being approximately 0.94 acres. The current zoning is "SF1-A" Single-Family
Residential District. Applicant: Jewel Chadd.
PUBLIC HEARING
8. Consider: Meeting Adjourned.
CERTIFICATE
I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall,
1400 Main Street, Southlake, Texas, on Friday, January 23, 2009, by 5:00 p.m., pursuant to the
Texas vernm Code, Chapter
Lori Payne, TRMC p i
City Secretary
pa o
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0
If you plan to attend this public pif;getin~4andaltdve ~edisability that requires special needs, please advise the City
Secretary 48 hours in advance at (8fY~.),T 11~1$~t % reasonable accommodations will be made to assist you.
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U U CITY OF
SOUTH LADE
TEXAS
1 REGULAR ZONING BOARD OF ADJUSTMENT MEETING JANUARY 29, 2009
2
3 Location: 1400 Main Street, Southlake, Texas
4
5 Members Present: Vice-Chairman Michael Waldman and Board Members Laird A. Fairchild;
6 John Smart; Todd Parrish, Alternate #2; Karen Whitaker, Alternate # 3; and Thomas Joyner,
7 Alternate #4.
8
9 Members Absent: Chairman Lewis Miltenberger and Board Members Kate Smith; and Kristin
10 Jain, Alternate # 1.
11
12 Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard
13 Schell, Planner II, Stephanie Breitbarth, Administrative Secretary.
14
15 Agenda Item No. 1 - Call to Order: Vice-Chairman Waldman called the meeting to order at
16 6:29 p.m.
17
18 Agenda Item No. 2 - Approval of the Minutes: Vice-Chairman Waldman opened discussion
19 of the minutes of the Zoning Board of Adjustment meeting held on October 30, 2008.
20
21 Motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
22 October 30, 2008, as presented.
23
24 Motion: Fairchild
25 Second: Whitaker
26 Ayes: Whitaker, Parrish, Fairchild, Smart, Waldman
27 Nays: None
28 Abstain: None
29 Vote: 5-0
30
31 Agenda Item no. 3 - Administrative Comments: Dennis Killough, Deputy Director of Planning
32 & Development Services, announced that the next scheduled meeting is for February 12, 2009
33 has been canceled due to no submittals being received.
34
35 Agenda Item no. 4 - ZBA-556, Variance to the Residential Fencing Height Requirements:
36 ZBA Case # 556, Variance to Ordinance No. 480, Section 39.1, requiring that fences, walls, and
37 hedges permitted as a screening, decorative or containment element are not to exceed eight (8)
38 feet in height. The applicant is requesting to construct a retaining wall eleven (11) feet in height.
39
40 The property is located 855 Harbor Court, being described as Lot 2, Block 1, Huse Homeplace
41 Addition, Southlake, Tarrant County, Texas and being approximately 2.6 acres. The current
42 zoning is "SF1-A" Single-Family Residential District.
43
44 The applicant, John Askew Homes, sent a written request to staff to withdraw the case.
45
46 Motion was made to approve the withdrawal of Case ZBA-556 in accordance with the
47 applicant's request.
48
49 Motion: Fairchild
Zoning Board of Adjustment Meeting - January 29, 2009
Page 1 of 4
n
50 Second: Whitaker
51 Ayes: Whitaker, Parrish, Fairchild, Smart, Waldman
52 Nays: None
53 Abstain: None
54 Vote: 5-0
55
56 Agenda Item No. 5 - ZBA-00557, Special Exception Use Permit for an Extension on the
57 Use and Placement of Portable Buildings: Richard Schell, Planner II, presented Case ZBA-
58 00557 to the Board for a Special Exception Use Permit per Ordinance No. 480, Section 44.12
59 (7) for portable buildings. The applicant is requesting an extension on the approval of one
60 existing temporary portable building at Bethel Methodist Church of Southlake for Sunday School
61 classrooms.
62
63 The property is located at 190 S. White Chapel Boulevard, being described as Lot 4, H.
64 Granberry No. 581 Addition, Southlake, Tarrant County, Texas and being approximately 1.08
65 acres. The current zoning is "CS" Community Service District.
66
67 Richard Schell, Planner II, reported that eight (8) notices were sent within 200 feet with one (1)
68 response, Gloria Lechler, 4116 H.C. Meacham Blvd., Fort Worth, TX, in favor.
69
70 Applicant Chuck Hallett, 190 S. White Chapel Blvd., Southlake, Texas, once sworn in,
71 presented items to the Board and answered questions.
72
73 Vice-Chairman Waldman opened the Public Hearing at 6:46 p.m.; no one came forward to
74 speak.
75
76 Vice-Chairman Waldman closed the public hearing at 6:46 p.m.
77
78 Motion was made to approve Case ZBA-00557 as submitted.
79
80 Motion: Fairchild
81 Second: Whitaker
82 Ayes: Whitaker, Parrish, Fairchild, Smart, Waldman
83 Nays: None
84 Abstain: None
85 Vote: 5-0
86
87 Agenda Item No. 5 - ZBA-558, Variance to the Minimum Lot Size Requirements for an On-
88 Site Sewage Facility: Richard Schell, Planner II, presented Case ZBA-558 to the Board for a
89 Variance to Ordinance No. 480, Section 33.14, requiring a minimum lot size of one acre for the
90 use of an on-site-sewage facility (OSSF). The applicant is requesting to have an OSSF on a lot
91 that will be approximately 0.94 acres.
92
93 The property is located at 1029 Burney Lane, being described as Tract 2A1, John Childress
94 Heirs Survey, Abstract No. 254, Southlake, Tarrant County, Texas and being approximately
95 0.94 acres. The current zoning is "SF1-A" Single-Family Residential District.
96
97 Richard Schell, Planner Il, reported that ten (10) notices were sent within 200 feet with two (2)
98 responses, Mark & Carol Cox, 1039 Burney Ln., Southlake, TX, in favor; Joan & Marc
99 McGaffigan, 2885 Burney Ln., Southlake, TX, in favor.
)0
Zoning Board of Adjustment Meeting - January 29, 2009
Page 2 of 4
lot Applicant Jewel Chadd, 1029 Burney Ln., Southlake, Texas, once sworn in, presented items to
02 the Board and answered questions.
103
104 Vice-Chairman Waldman opened the Public Hearing at 7:02 p.m.; no one came forward to
105 speak.
106
107 Vice-Chairman Waldman closed the public hearing at 7:02 p.m.
108
log Motion was made to approve Case ZBA-558 as submitted.
110
111 Motion: Fairchild
112 Second: Parrish
113 Ayes: Whitaker, Parrish, Fairchild, Smart, Waldman
114 Nays: None
115 Abstain: None
116 Vote: 5-0
117
118 Agenda Item No. 5 - ZBA-559, Variance to the Minimum Lot Size Requirements for
11g Residential Properties: Richard Schell, Planner II, presented Case ZBA-559 to the Board for a
120 Variance to Ordinance No. 480, Section 11.5(f), requiring the minimum area of a lot to be forty
121 three thousand five hundred sixty (43,560) square feet. The applicant is requesting a lot to be
122 approximately 40,903 square feet.
123
124 The property is located at 1029 Burney Lane, being described as Tract 2A1, John Childress
125 Heirs Survey, Abstract No. 254, Southlake, Tarrant County, Texas and being approximately
126 0.94 acres. The current zoning is "SF1-A" Single-Family Residential District.
27
128 Richard Schell, Planner ll, reported that ten (10) notices were sent within 200 feet with two (2)
129 responses, Mark & Carol Cox, 1039 Burney Ln., Southlake, TX, in favor; Joan & Marc
130 McGaffigan, 2885 Burney Ln., Southlake, TX, in favor.
131
132 Applicant Jewel Chadd, 1029 Burney Ln., Southlake, Texas, once sworn in, presented items to
133 the Board and answered questions.
134
135 Vice-Chairman Waldman opened the Public Hearing at 7:02 p.m.; no one came forward to
136 speak.
137
138 Vice-Chairman Waldman closed the public hearing at 7:02 p.m.
139
140 Motion was made to approve Case ZBA-558 as submitted.
141
142 Motion: Fairchild
143 Second: Parrish
144 Ayes: Whitaker, Parrish, Fairchild, Smart, Waldman
145 Nays: None
146 Abstain: None
147 Vote: 5-0
148
149 Agenda Item No. 8 - Meeting Adjournment: Board Member Fairchild made a motion to adjourn
150 the Regular Meeting of the Zoning Board of Adjustments.
51
Zoning Board of Adjustment Meeting - January 29, 2009
Page 3 of 4
152 Vice-Chairman Waldman adjourned the meeting at 7:0achael nuary 29, 2009.
53
154
155
156
157 Waldman
158 Vice-Chairman
159
160 ATTEST:
161
162
163
164 Stephanie Breit arth
165 Acting Board Secretary
Zoning Board of Adjustment Meeting - January 29, 2009
Page 4 of 4
ZONING BOARD OF ADJUSTMENT
cl,Y OF SIGN IN SHEET
SOUTHLAKE
Date: xcq o
Prin a e ddress Telephone Case #
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ORIGINAL