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2009-12-10 ZBA meeting CITY OF SOUTHLAKE TEXAS REGULAR BOARD OF ADJUSTMENT MEETING DECEMBER 10, 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 November 12, 2009 regular Board of Adjustment meeting. 3. Administrative Comments. REGULAR AGENDA: 4. Consider: ZBA-584, Variance to Ordinance No. 480, Section 11.5(f) requiring a minimum lot area of one acre. The existing tract is approximately 1.009 acres. After right-of-way dedication for E. Highland St., the platted lot will be approximately 0.844 acres. The property is located at 1982 E. Highland St., being described as Tract 2A1, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas. The current zoning is "SF1-A" - Single Family Residential. Applicants: Robert and Michelle Milstead. SPIN Neighborhood # 4. PUBLIC HEARING 5. Consider: ZBA-585, Variance to Ordinance No. 480, Section 33.14, requiring a minimum lot area of one acre for the use of an on-site sewage facility (OSSF). The existing tract is approximately 1.009 acres. After right-of-way dedication for E. Highland St., the platted lot will be approximately 0.844 acres. The property is located at 1982 E. Highland St., being described as Tract 2A1, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas. The current zoning is "SF1-A" - Single Family Residential. Applicants: Robert and Michelle Milstead. SPIN Neighborhood # 4. PUBLIC HEARING 6. Discussion: Overview of Tree Preservation Ordinance and Responsibilities of the Tree Board. 7. Consider: Meeting Adjourned. Zoning Board of Adjustments December 10, 2009 Page 2 of 2 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, December 4, 2009, by 5:00 p.m., pursuant to the Texas Govern ent Code, Chapter 551 . ' - a e Lori Payne City Secretary If you plan to attend this public meeting and`t+geve a diq ility That requires special needs, please advise the City Secretary 48 hours in advance at (817) 748-8016, and reasonab9a 'I accorfi?Nt YAtionWiill be made to assist you. ~8R 902da°4D CITY OF SOUTHLAKE TEXAS 1 REGULAR ZONING BOARD OF ADJUSTMENT MEETING DECEMBER 10, 2009 2 3 Location: 1400 Main Street, Southlake, Texas 4 5 Members Present: Chairman D. Todd Parrish and Board Members; Michael Forman; Vice- 6 Chairman Laird Fairchild; Kate Smith; Michael Waldman; Lewis Miltenberger, Alternate # 1 Lisa 7 Amend, Alternate # 2;. 8 9 Members Absent: Michael Mills, Alternate # 3; Thomas Joyner, Alternate # 4. 10 11 Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard 12 Schell, Planner II; Dianna Brawner, ZBA Secretary. 13 14 Agenda Item No. 1 - Call to Order: Chairman D. Todd Parrish called the meeting to order at 15 6:32 p.m. 16 17 Agenda Item No. 2 - Approval of the Minutes: Chairman Parrish opened discussion of the 18 minutes of the Zoning Board of Adjustment meeting held on November 12, 2009. 19 20 Motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on 21 November 12, 2009 as presented. 22 23 Motion: Waldman 24 Second: Smith 25 Ayes: Miltenberger, Smith, Waldman, Amend, Forman, Fairchild, Parrish 26 Nays: None 27 Abstain: None 28 Vote: 7-0 29 30 Motion carried. 31 32 Agenda Item No. 3 - Administrative Comments: Richard Schell, Planner II, announced that 33 the next Zoning Board of Adjustment meeting is scheduled for January 14, 2010. 34 35 Agenda Item No. 4 - ZBA-584, Variance to minimum lot area. Variance to Ordinance No. 36 480, Section 11.5 (f) requiring a minimum lot area of one acre. The existing tract is 37 approximately 1.009 acres. The applicants, Robert and Michelle Milstead, desire to tear down 38 the existing house and build a new one, which requires that the property be platted. After right- 39 of-way dedication for East Highland Street, the platted lot will be approximately 0.844 acres. 40 41 The property is located at 1982 East Highland Street, being described as Tract 2A1, Francis 42 Throop Survey, Abstract No. 1511, an addition to the City of Southlake, Tarrant County, Texas 43 and being approximately 1.009 acres. The current zoning is "SF1-A" Single Family Residential 44 District. Applicants: Robert and Michelle Milstead. 45 46 Agenda Item No. 5 - ZBA-585. Variance to minimum lot area for a private septic system. 47 Variance to Ordinance No. 480, Section 33.14, requiring a minimum lot area of one acre for the 48 use of an on-site sewage facility (OSSF). The existing tract is approximately 1.009 acres. Zoning Board of Adjustment Meeting - December 10, 2009 Page 1 of 3 49 The applicants, Robert and Michelle Milstead, desire to tear down the existing house and build a 50 new one, which requires that the property be platted. After right-of-way dedication for East 51 Highland Street, the platted lot will be approximately 0.844 acres. 52 53 Richard Schell, Planner II reported twenty (20) notices went out within two hundred (200) feet 54 with one (1) response: L. R. and Cleta Pierce, 2130 East Highland Street, Southlake, Texas in 55 favor. 56 57 The property is located at 1982 East Highland Street, being described as Tract 2A1, Francis 58 Throop Survey, Abstract No. 1511, an addition to the City of Southlake, Tarrant County, Texas 59 and being approximately 1.009 acres. The current zoning is "SF1-A" Single Family Residential 6o District. Applicants: Robert and Michelle Milstead. 61 62 The applicant's representative, Larry Stewart, 2905 Highland Park Court, Colleyville, Texas, 63 once sworn in presented items and answered questions for the Board. 64 65 Chairman Parrish opened the public hearing for ZBA Case # 584 and seeing no response 66 closed the public hearing at 6:45 p.m. 67 68 Chairman Parrish opened the public hearing for ZBA Case # 585 and seeing no response 69 closed the public hearing at 6:45 p.m and opened discussion for the Board. 70 71 Motion was made to approve the ZBA Case # 584 as submitted. 72 73 Motion: Fairchild 74 Second: Waldman 75 Ayes: Smith, Waldman, Amend, Fairchild, Parrish 76 Nays: None 77 Abstain: None 78 Vote: 5-0 79 80 Motion carried. 81 82 Motion was made to approve the ZBA Case # 585 as submitted. 83 84 Motion: Fairchild 85 Second: Smith 86 Ayes: Amend, Fairchild, Smith, Waldman, Parrish 87 Nays: None 88 Abstain: None 89 Vote: 5-0 90 91 Motion carried. 92 93 Agenda Item No. 7 - Meeting Adiournment: Chairman Parrish adjourned the meeting and 94 he left at 6:48:24 p.m. on December 10, 2009. 95 96 The meeting continued after adjournment for the following discussion item. 97 98 Agenda Item No. 6 - Overview of Tree Preservation Ordinance and Responsibilities of the 99 Tree Board: Dennis Killough, Deputy Director of Planning & Development Services introduced Zoning Board of Adjustment Meeting - December 10, 2009 Page 2 of 3 100 Keith Martin, Landscape Administrator, to the Board members. Deputy Director Killough 101 presented an overview of the Tree Preservation Ordinance including the responsibilities of the 102 Tree Board and answered questions. 103 104 Zoning Board of Adjustment meeting ended at 7:12:27 p.m. 105 106 107 108 109 110 Todd Parrish 111 Chairman 112 ATTEST: 113 114 115 116 Dianna Brawner 117 Board Secretary Zoning Board of Adjustment Meeting - December 10, 2009 Page 3 of 3 ZONING BOARD OF ADJUSTMENT CITY C.)F SIGN IN SHEET SOUTH LAKE Date:OQc-ew l n4 Print Name Address Telephone Case #