2009-05-14 ZBA meeting
9 CITY OF
SOUTHLAKE
TEXAS
REGULAR BOARD OF ADJUSTMENT :TING MEMa 14, 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 April 16, 2009 regular Board of Adjustment meeting.
3. Administrative Comments.
REGULAR AGENDA:
4. Consider: ZBA-567, 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 1,704 square foot
family quarters in a separate accessory building. The property is located at 2350
Crooked Lane, being described as Lot 10, Meadow Oaks Addition, an addition to
the City of Southlake, Tarrant County, Texas and being approximately 2.3 acres.
The current zoning is "SF-1A" Single Family Residential District. Applicant:
Charles Wood. The applicant has requested to table this item to the May 28,
2009 meeting.
5. Consider ZBA-568, Variance to Ordinance No. 480, Sections 11.5 (c) and 11.5 (d),
requiring a side yard setback of twenty (20) feet and a rear yard setback of forty
(40) feet. The applicant is requesting a side yard setback of ten (10) feet and a
rear yard setback of twenty (20) feet. The property is located at 615 Brewer Rd.,
being described as Lot 3, Block 1, Brewer Addition, an addition to the City of
Southlake, Tarrant County, Texas, and being approximately 1.43 acres. The
current zoning is "SF-1B" Single Family Residential District. Applicant: Jason
Zimmerman. The applicant has requested to table this item to the May 28,
2009 meeting.
Zoning Board of Adjustments
-May 14, 2009
Page 2 of 2
6. Consider: ZBA-5691 Consider a request to allow re-construction of a non-conforming use in
accordance with the provisions of Ordinance No. 480, Sections 44.3e, as
amended, for the purpose of re-constructing a wood fence approximately 10 feet
in height. The current regulations require the following:
Ordinance No. 480, Section 39.5c(4), as amended, (4) Where fences are
provided or required along S.H. 114, F.M. 1709, F.M. 1938 (Davis Boulevard and
Randol Mill Avenue designated as future F.M. 1938 per approved Master
Thoroughfare Plan) and portions of Carroll Avenue subject to the Corridor
Overlay District shall comply with the Architectural Fencing requirements of the
Corridor Overlay District (Section 43.9(c)1(f) which requires all architectural
fencing which runs roughly parallel to the SH 114, Carroll Avenue, FM 1709, FM
1938 rights-of-way, shall be constructed of the primary masonry materials of the
building, wrought iron or living plant material. It shall not run in straight line
without being off-set by a minimum of 6 feet every 60 feet. It shall be located no
closer to the ROW than one half the width of the required bufferyard..
Ordinance 480, Section 39.1, as amended, - Except as otherwise provided in this
ordinance, fences, walls, and hedges may be permitted in any zoning district, in
any required yard, or along the edge of any yard as a screening, decorative or
containment element not to exceed eight (8) feet in height
The applicant is proposing a board on board cedar fence approximately 10 feet in
height that runs in a straight line similar to the existing non-conforming fence
structure. The property is located at 819 Pearl Dr., being described as Lot 12A,
Block 6, Diamond Circle Estates, an addition to the City of Southlake, Tarrant
County, Texas and being approximately 0.72 acres. The current zoning is "SF-
1X Single Family Residential District. Applicant: Alan Newland.
PUBLIC HEARING
7. 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, May 8, 2009, by 5:00 p.m., pursuant to the
ATexa ern ent Code, Chapter 551.
Q~..i
TRM ' y Secretary
° o~
If you plan to attend this public meeti4. d have a dis •ilith
~ y3 at requires special needs, please advise the City Secretary 48 hours
in advance at (817) 748-8016, and 1,asoNle accorrjptodat'ns will be made to assist you.
CITY OF
SOUTHLAKE
TEXAS
1 REGULAR ZONING BOARD OF ADJUSTMENT MEETING May 14, 2009
2
3 Location: 1400 Main Street, Southlake, Texas
4
5 Members Present: Vice-Chairman Michael Waldman and Board Members; Laird A. Fairchild;
6 Karen Whitaker, Alternate # 3; and Thomas Joyner, Alternate # 4.
7
8 Members Absent: Chairman Lewis Miltenberger and Board Members; Kate Smith; John Smart;
9 Kristin Jain, Alternate # 1; Todd Parrish, Alternate # 2.
10
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 6:36 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 April 16, 2009.
21
22 Motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
23 April 16, 2009 as presented.
24
25 Motion: Whitaker
26 Second: Fairchild
27 Ayes: Whitaker, Fairchild, Joyner, Waldman
28 Nays: None
29 Abstain: None
30 Vote: 4-0
31
32 Agenda Item No. 3 - Administrative Comments: Richard Schell, Planner II, announced our
33 next scheduled meetings are May 21, 2009 and June 11, 2009.
34
35 Agenda Item No. 4 - ZBA-567, Special Exception Use Permit per Ordinance No. 480,
36 Section 44.12 (1) for a family quarters. ZBA Case # 567 The applicant is requesting a waiver
37 of the one thousand (1,000) square foot maximum floor area requirement to allow a 1,704
38 square foot family quarters in a separate accessory building. The property is located at 2350
39 Crooked Lane, being described as Lot 10, Meadow Oaks Addition, an addition to the City of
40 Southlake, Tarrant County, Texas and being approximately 2.3 acres. The current zoning is
41 "SF-1A" Single Family Residential District. Applicant: Charles Wood. No action taken. This
42 item was tabled to the May 28, 2009 meeting at the applicant's request.
43
44 Agenda Item No. 5 - ZBA-568, Variance to Ordinance No. 480, Sections 11.5 (c) and 11.5
45 (d), requiring a side yard setback of twenty (20) feet and a rear yard setback of forty (40)
46 feet. ZBA Case # 568 The applicant is requesting a side yard setback of ten (10) feet and a rear
47 yard setback of twenty (20) feet. The property is located at 615 Brewer Rd., being described as
48 Lot 3, Block 1, Brewer Addition, an addition to the City of Southlake, Tarrant County, Texas, and
49 being approximately 1.43 acres. The current zoning is "SF-1B" Single Family Residential
Zoning Board of Adjustment Meeting - April 16, 2009
Page 1 of 2
50 District. Applicant: Jason Zimmerman. No action taken. This item was tabled to the May 28,
51 2009 meeting at the applicant's request.
52
53 Agenda Item No. 6 - ZBA-569, Reconstruction of a nonconforming wood fence
54 approximately 10 feet in height: ZBA Case # 569 The request is to allow reconstruction of a
55 nonconforming use in accordance with the provisions of Ordinance No. 480, Sections 44.3e, as
56 amended, for the purpose to reconstructing a wood fence approximately 10 feet in height. The
57 applicant is proposing a board on board cedar fence approximately 10 feet in height that runs in
58 a straight line similar to the existing nonconforming fence structure.
59
60 The property is located at 819 Pearl Dr., being described as Lot 12A, Block 6, Diamond Circle
61 Estates, Southlake, Tarrant County, Texas and being approximately .27 acres. The current
62 zoning is "SF20B" Single-Family Residential District.
63
64 Applicant Alan Newland 819 Pearl Dr., Southlake, Texas, once sworn in, presented items to the
65 Board and answered questions.
66
67 Vice-Chairman Waldman opened the Public Hearing at 7:02 p.m.; no one came forward to
68 speak.
69 Vice-Chairman Waldman closed the Public Hearing at 7:02 p.m.
70
71 Vice-Chairman Waldman announced the Board would recess to into Executive Session to seek
72 advice from the City Attorney as provided by Texas Government Code at 7:04 p.m.
73
74 The Board returned from Executive Session at 7:15 p.m.
75
76 Motion was made to approve ZBA Cases # 569 as submitted.
77
78 Motion: Whitaker
79 Second: Fairchild
80 Ayes: Whitaker, Fairchild, Waldman
81 Nays: Joyner
82 Abstain: None
83 Vote: 3-1
84
85 The Motion for ZBA Case # 569 did not pass.
86
87 Agenda Item No. 7 - Meeting Adjournment: Vice-Chairman Waldman adjourned the meeting
88 at 7:20:44 p.m. on May 14, 2009.
89
90
91 61 4
92 L-If
93 Michael Waldman
94 Vice-Chairman
95 ATTEST:
96
97
98
99 Dianna Brawner
100 Board Secretary
Zoning Board of Adjustment Meeting - April 16, 2009
Page 2 of 2
ZONING BOARD OF ADJUSTMENT
CI -I- Y « F SIGN IN SHEET
SOUTHLAKE
19 Date:
Print Name Address Telephone Case #
.90 168 1., k