2009-04-16 ZBA meeting
CITY OF
SOUTHLAKE
TEXAS
REGULAR BOARD OF ADJUSTMENT MEETING April 16, 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 March 12, 2009 regular Board of Adjustment meeting.
3. Administrative Comments.
REGULAR AGENDA:
4. Consider: ZBA-561, Variance to Ord. 480, Section 14.5(8) requiring a minimum lot width of
one hundred feet (100'). The applicant is requesting a minimum lot with of 67.45
feet. The property is located at 630 Shady Oaks Dr., being described as Tract
11A03, Thomas M. Hood Survey, Abstract No. 706, Southlake, Tarrant County,
Texas, and being approximately .503 acres. The current zoning is "AG"
Agricultural District. Applicant: James and Elizabeth Hendricks.
PUBLIC HEARING
5. Consider: ZBA-562, Variance to Ord. 480, Section 14.5(c) requiring a side yard setback of
fifteen feet (15'). The applicant is requesting a side yard setback of twelve feet
(12'). The property is located at 630 Shady Oaks Dr., being described as Tract
11A03, Thomas M. Hood Survey, Abstract No. 706, Southlake, Tarrant County,
Texas, and being approximately 0.503 acres. The current zoning is "AG"
Agricultural District. Applicant: James and Elizabeth Hendricks.
PUBLIC HEARING
6. Consider: ZBA-563, Variance to Ord. 480, Section 39.5(c)4, requiring that fencing required
or provided along F.M. 1709 shall comply with the Architectural Fencing
requirements of the Corridor Overlay District (Section 43.9c1(f)), which requires
that all fencing running parallel to F.M. 1709 be constructed of the masonry
materials of the building, wrought iron or living plant material and that the fence
shall not run in a straight line without being off-set by a minimum of 6 feet every
60 feet. The applicant is proposing a board on board cedar fence that runs in a
straight line. The property is located at 819 Pearl Dr., being described as Lot
12A, Block 6, Diamond Circle Estates Addition, an addition to the City of
Southlake, Tarrant County, Texas, and being approximately .72 acres. The
current zoning is "SF-1A" - Single Family Residential District. Applicant: Alan
Newland.
PUBLIC HEARING
' Zoning Board of Adjustments
April 16, 2009
Page 2 of 2
7. Consider: ZBA-564, Variance to Zoning Ord. 480, Section 39.1, requiring that fences are
not to exceed eight (8) feet in height. The applicant is proposing a fence with a
height of ten (10) feet. The property is located at 819 Pearl Dr., being described
as Lot 12A, Block 6, Diamond Circle Estates Addition, an addition to the City of
Southlake, Tarrant County, Texas, and being approximately .72 acres. The
current zoning is "SF-1A" - Single Family Residential District. Applicant: Alan
Newland.
PUBLIC HEARING
8. Consider: ZBA-565, Special Exception Use Permit per Ordinance No. 480, Section 44.12
(3) permitting the construction of accessory buildings or structures of a size or
aggregate size greater than that permitted under the accessory building
requirements of the zoning district in which the property lies. The property is
located at 1259 Bolton Ct., being described as Lot 7, Block 2, Westwyck Hills,
City of Southlake, Tarrant County, Texas, and being approximately .06 acres.
The current zoning is "R-PUD" - Residential Planned Unit Development.
Applicant: Starwood Custom Homes. The applicant has requested to table
this item to April 30, 2009.
9. Consider: ZBA-566, Special Exception Use Permit per Ordinance No. 480, Section 44.12
(1) for a family quarters. The applicant is requesting a waiver of the one thousand
(1,000) square foot maximum floor area requirement to allow a 1,221 square foot
family quarters in a separate accessory building. The property is located at 1006
Quail Run Rd., being described as Lot 14, Block A, Quail Creek Estates, City of
Southlake, Tarrant County, Texas, and being approximately 2.50 acres. The
current zoning is "SF1-A" - Single Family Residential District. Applicant: Clayton
Reed.
PUBLIC HEARING
10. 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 Thursday, April 9, 2009, by 5:00 p.m., pursuant to the
Texas Government Code, Chapter 551.
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Lori Payne, TR C
City Secretary
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It you plan to attend this public me~ . •
Vg ~ have a OgGSabill» that requires special needs, please advise the City Secretary 48 hours
in advance at (817) 748-8016, and reVonablt~ec~dmmo,066ns will be made to assist you.
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CITY OF
SOUTI-HLAKE
TEXAS
1 REGULAR ZONING BOARD OF ADJUSTMENT MEETING April 16, 2009
2
3 Location: 1400 Main Street, Southlake, Texas
4
5 Members Present: Vice-Chairman Michael Waldman and Board Members; Laird A. Fairchild;
6 Kate Smith; Karen Whitaker, Alternate # 3; and Thomas Joyner, Alternate # 4.
7
8 Members Absent: Chairman Lewis Miltenberger and Board Members; John Smart; Kristin Jain,
9 Alternate # 1; Todd Parrish, Alternate # 2.
to
11 City Attorney Present: Steve Wood
12
13 Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard
14 Schell, Planner II, Dianna Brawner, ZBA Secretary.
15
16 Agenda Item No. 1 - Call to Order: Vice-Chairman Waldman called the meeting to order at
17 6:32 p.m.
18
19 Agenda Item No. 2 - Approval of the Minutes: Vice-Chairman Waldman opened discussion
20 of the minutes of the Zoning Board of Adjustment meeting held on March 12, 2009.
21
22 Motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
23 March 12, 2009 as presented.
24
25 Motion: Smith
26 Second: Whitaker
27 Ayes: Fairchild, Smith, Whitaker, Waldman
28 Nays: None
29 Abstain: None
30 Vote: 4-0
31
32 Agenda Item No. 3 - Administrative Comments: Dennis Killough, Deputy Director of
33 Planning & Development Services, announced May is the time for new appointments and asked
34 the Board Members to remain in their seats until the Council has completed their new
35 appointments.
36
37 Vice Chairman Waldman read the forum for the meeting; he then stated, if no objections, to
38 accept a motion to withdraw the ZBA Cases 563, 564, 565, and 566 being Agenda Items No. 6,
39 7, 8, and 9, at the applicants request.
40
41 Thomas Joyner entered the meeting at 6:38 p.m. during the above request.
42
43 Agenda Item No. 6 - ZBA-563, Variance architectural fencing requirements: ZBA Case #
44 563 Variance to Ordinance 480, Section 39.5(c)4, requiring that fencing required or provided
45 along F.M. 1709 shall comply with the Architecture Fencing requirements of the Corridor
46 Overlay District (Section 43.9c1 (f). The applicant sent a written request to staff to withdraw
47 the case.
48
Zoning Board of Adjustment Meeting - April 16, 2009
Page 1 of 3
49 Agenda Item No. 7 - ZBA-564 Variance for fence height: ZBA Case # 564 Variance to
50 Zoning Ordinance 480, Section 39.1, requiring that fences are not to exceed eight (8) feet in
51 height. The applicant sent a written request to staff to withdraw the case.
52
53 Agenda Item No. 8 - ZBA-565 Special Exception Use Permits for an accessory building
54 of a size greater than permitted. ZBA Case # 565 Special Exception Use Permit per
55 Ordinance No. 480, Section 44.12(3) permitting the construction of accessory buildings or
56 structures of a size or aggregate size greater than that permitted under the accessory building
57 requirements of the zoning district in which the property lies. The applicant sent a written
58 request to staff to withdraw the case.
59
60 Agenda Item No. 9 - ZBA-566 Special Exception Use Permit for family quarters: ZBA
61 Case # 566 Special Exception Use Permit per Ordinance No. 480, Section 44.12(1) for family
62 quarters. The applicant sent a written request to staff to withdraw the case.
63
64 Motion was made to approve the withdrawal of ZBA Cases # 563, 564, 565, and 566 6:40 p.m.
65
66 Motion: Whitaker
67 Second: Fairchild
68 Ayes: Joyner, Whitaker, Fairchild, Smith, Waldman
69 Nays: None
70 Abstain: None
71 Vote: 5-0
72
73 Vice Chairman Waldman proceeded with ZBA Cases 561 and 562.
74
75 Agenda Item No. 4 - ZBA-561 Variance to minimum lot width: ZBA Case # 561, Variance to
76 Ordinance No. 480, Section 14.5(g), requiring a minimum lot width of one hundred feet (100').
77 The applicant is requesting a minimum lot width of 67.45 feet.
78
79 Agenda Item No. 5 - ZBA-562 Variance requiring a side yard setback: ZBA Case # 562,
80 Variance to Ordinance No. 480, Section 14.5(c) requiring a side yard setback of fifteen feet
81 (16). The applicant is requesting a side yard setback of twelve feet (12').
82
83 Richard Schell, Planner II, reported that he would present ZBA Cases # 561 & 562 together and
84 requested that the Board take separate action. Ten (10) notices were sent within 200 feet with
85 two (2) responses, Mark J. and Diana L. Pospisil 601 Loving Ct., Southlake, TX, in favor, Jerry
86 and Melinda Costin, 600 Loving Ct., Southlake, TX, in favor.
87
88 The applicants for both Cases 561 and 562 are James and Elizabeth Hendricks and the
89 property is located 630 Shady Oaks Dr., being described as Tract 11A03, Thomas M. Hood
90 Survey, Abstract No. 706, Southlake, Tarrant County, Texas and being approximately .503
91 acres. The current zoning is "AG" Agricultural District.
92
93 Applicant's representative Larry Lyons, 408 E. Wall St. Grapevine, Texas, once sworn in,
94 presented items to the Board and answered questions.
95
96 Vice-Chairman Waldman opened the Public Hearing at 6:57 p.m.; no one came forward to
97 speak.
98
99 Vice-Chairman Waldman closed the public hearing at 6:57 p.m.
Zoning Board of Adjustment Meeting - April 16, 2009
Page 2 of 3
100
'01 Motion was made to approve Case ZBA-561 as submitted subject to approval of SF-20A
102 zoning.
103
104 Motion: Smith
105 Second: Fairchild
106 Ayes: Joyner, Whitaker, Fairchild, Smith, Waldman
107 Nays: None
108 Abstain: None
109 Vote: 5-0
110
111 Motion was made to approve Case ZBA-562 as submitted subject to approval of SF-20A
112 zoning.
113
114 Motion: Whitaker
115 Second: Fairchild
116 Ayes: Fairchild, Smith, Joyner, Whitaker, Waldman
117 Nays: None
118 Abstain: None
119 Vote: 5-0
120
121
122 Agenda Item No. 10 - Meeting Adjournment: Board Member Smith made a motion to adjourn
123 the Regular Meeting of the Zoning Board of Adjustments.
124
125 Vice-Chairman Waldman adjourned the meeting at 7:02:12 p.m. on lApril 16, 200 .
126
127 ,
128 ~
129
130 Michael aldman
131 Vice-Chairman
132
133 ATTEST:
134 _T)
135
136,
137 Dianna Brawner
138 Board Secretary
Zoning Board of Adjustment Meeting - April 16, 2009
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