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2008-02-14 ZBA meeting10 CITY OF SOUTHLAKE TEXAS REGULAR BOARD OF ADJUSTMENT MEETING February 14, 2008 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. 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 AGENDA: 6:30 P.M. Call to Order. 2. Approval of Minutes of the January 10, 2008 Regular Board of Adjustment Meeting. 3. Administrative Comments. 4. Consider: Case ZBA-537, Variance to Ordinance No. 480, Section 34.2 (a) requiring a minimum rear yard of not less than ten (10) feet for an accessory building on a permanent foundation. The applicant is requesting a minimum rear yard of not less than five (5) feet for an accessory building on a permanent foundation. Location: 2301 E Southlake Blvd, being legally described as Lot 4, Block 1, Perry/Allen Addition, and being approximately 1.14 acres. Current zoning: "C-3" General Commercial District. Applicant: Danny J. Tosh. Public Hearing. 5. Consider: Case ZBA-538, 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. Location: 190 S White Chapel Blvd, being legally described as Lot 4, H. Granberry No. 581 Addition, and being approximately 0.96 acres. Current zoning: "CS" Community Service District. Applicant: Chuck Hallett. Public Hearing. 6. Consider: Case ZBA-539, Variance to Ordinance No. 480, Section 33.2 allowing a maximum fence height of eight (8) feet. The applicant is requesting a maximum fence height of nine (9) feet. Location: 601 Timber Lake Circle, being legally described as Lot 45R, Block 1, Timber Lake Section 1, and being approximately 5.61 acres. Current zoning: "R-PUD" Residential Planned Unit Development District. Applicant: Timber Lake Res. Association Inc. Public Hearing. 7. 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, February 8, 2008, by 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. 4Ad Lori Payne, TRMC City Secretary 4~"1 n If you plan to attend this publl4p mee~jng and=~iave a disability that requires special needs, please advise the City Secretary 48 hours in advance 4017J,, ~46r ;8016°and reasonable accommodations will be made to assist you. h ~ k REGULAR ZONING BOARD OF ADJUSTMENT City of Southlake 1400 Main Street, Southlake, Texas Southlake, Texas 76092 MEETING DATE: February 14, 2008 MEMBERS PRESENT: Lewis Miltenberger; Chairman Greg Standerfer; Vice-Chairman Pamela Muller; Kristin Jain, Alternate #1. MEMBERS ABSENT: Michael Waldman; John Smart; Frank Cornish, Alternate #2; Vacant, Alternate 3; Anita McSweeney, Alternate #4. STAFF PRESENT: Dennis Killough, Deputy Director Planning; Xandra Richer, Acting ZBA Secretary. Agenda Item # 1 Call to Order: Chairman Standerfer called the meeting to order at 6:28:39 p.m. Agenda Item # 2 Approval of the Minutes: The minutes of the January 10, 2008 Regular Zoning Board of Adjustment meeting were deemed approved at 6:29:07 p. m. Motion: Muller Second: Miltenberger Ayes: Miltenberger, Jain, Muller, Standerfer Nays: None Abstain: None Vote: 4-0-0 to Approve Agenda Item # 3 Administrative Comments: Mr. Killough announced there are no submittals at this time; therefore, we have no future meetings scheduled. Agenda Item #4 ZBA Case #537, Variance to minimum rear yard. Case ZBA # 537, Variance to Ordinance No. 480, Section 34.2 (a) requiring a minimum rear yard of not less than ten (10) feet for an accessory building on a permanent foundation. The applicant is requesting a minimum rear yard of not less than five (5) feet for an accessory building on a permanent foundation. The property is located at 2301 E. Southlake Blvd., being legally described as Lot 4, Block 1, Perry/Allen Addition, and being approximately 1.14 acres. Mr. Killough reported that eight (8) notices were sent within 200 feet with one (1) response, Jack J. Entin, 2315 E. Southlake Blvd., Southlake, Texas in favor. The applicant Danny Tosh, 16051 Addison Rd., Addison, Texas once sworn in, presented items to the Board and answered questions. Chairman Standerfer opened and closed the public hearing at 6:42p.m. Lewis Miltenberger made a motion to approve ZBA Case # 537 as submitted with the same masonry exterior and same roofing material as the existing building. Motion: Miltenberger Second: Jain Ayes: Muller, Standerfer, Jain, Miltenberger Nays: None Abstain: None Vote: 4-0-0 to Approve Agenda Item #5 ZBA Case #538, Special Exception Use Permit for portable buildinL-s. Case ZBA # 538, 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 Blvd., being legally described as Lot 4, H. Granberry No. 581 Addition, and being approximately 0.96 acres. Mr. Schell, Planner II, reported that seven (7) notices were sent within 200 feet with one (1) response, Gloria Lechler, 130 S. White Chapel Blvd., Southlake, Texas in favor. The Zoning Board of Adjustments approved this Special Exception Use Permit (5-0) on September 28, 2006 as presented with the waiver of the masonry and permanent foundation requirements as requested. The applicant Chuck Hallett , 190 S. White Chapel Blvd., Southlake, Texas once sworn in, presented items to the Board and answered questions. Chairman Standerfer opened and closed the public hearing at 6:54p.m. Lewis Miltenberger made a motion to approve ZBA Case # 538 as submitted. Motion: Miltenberger Second: Jain Ayes: Miltenberger, Jain, Muller, Standerfer Nays: None Abstain: None Vote: 4-0-0 to Approve A enda Item #6 ZBA Case #539, Variance to fence height Case ZBA # 539, Variance to Ordinance No. 480, Section 33.2 requiring that a fence shall not exceed eight (8) feet in height. The applicant is requesting to have a 9' fence along one side of the common area containing the pool. The property is located at 601 Timberlake Cir. being legally described as Lot 45R, Block 1, Timber Lake Addition Section 1, and being approximately 5.61 acres. Mr. Schell, reported that three hundred and twenty-one (321) notices were sent within 200 feet and within the subdivision with twenty-four (24) response, Priscilla Aikens, 1010 Lake Forest Dr., Southlake, Texas in favor, Kenneth & Sandra Keyes, 700 Shore Crest Dr., Southlake, Texas in favor, A. Stanley & Dian Cross, 216 Timber Lake Dr., Southlake, Texas in favor, Ellen O'Hara, 507 Timber Lake Way, Southlake, Texas in favor, William & Janet Synder, 501 Timber Lake Way, Southlake, Texas in favor, Renee & Bruce Nymeyer, 1003 Edgemeer Ct., Southlake, Texas in favor, Anthony & Beth Cardillo, 808 Shorecrest Dr., Southlake, Texas in favor, Keith & Kelcey Elmore, 219 Timber Lake Way, Southlake, Texas in favor, Charles & LaVonne Wilson, 715 Timber Lake Cir, Southlake, Texas in favor, Michael & Nicole Matus, 222 Canyon Lake Dr., Southlake, Texas in favor, Michael & Darla Barnes, 218 Timber Lake Dr., Southlake, Texas in favor, R. Lee & Sarah Simpson, 509 Timber Lake Way, Southlake, Texas in favor, Carl & Megan Anderson, 720 Shorecrest Dr., Southlake, Texas in favor, Ronald & Gail Beadles, 607 Winding Creek Ct., Southlake, Texas in favor, Chris Ryan, 811 Parkdale Dr., Southlake, Texas in favor, Daniel & Susan Hubbard, 800 Ridgedale Ct., Southlake, Texas in favor, John & Mindy Hassett, 805 Timbercrest Ct., Southlake, Texas in favor, Joseph & Julie Mansen, 224 Canyon Lake Dr., Southlake, Texas undecided, Thomas & Katie Pardoe, 806 Shorecrest, Southlake, Texas undecided, W.W. & W.F. Liedtke, 807 Ridgedale Ct., Southlake, Texas opposed, Cheryl & David Helms, 515 Timber Lake Dr., Southlake, Texas opposed, David Darmstetter, 712 Timber Lake Cir, Southlake, Texas in favor, Brett Trapnell, 400 Timber Lake Dr., Southlake, Texas in favor, Dean Lackey, 401 Timber Lake Way, Southlake, Texas in favor, Kenneth Keyes, 700 Shorecrest Dr., Southlake, Texas in favor, Mark Bartlett, 1000 Lake Forest Dr., Southlake, Texas in favor, Rosemarie Donzanti, 1333 Briarwood Dr., Southlake, Texas in favor, Kyle Schultz, 919 Edgemeer Ln., Southlake, Texas in favor, Bradford Meyer, 700 Shadow Glen Dr., Southlake, Texas in favor, Thomas & Nancy Long, 805 Ridgedale Ct., Southlake, Texas in favor, W.P. & Kellie Henderson, 602 Winding Creek Ct., Southlake, Texas in favor, Patrick & Kimberly Faloona, 703 Shorecrest Dr., Southlake, Texas in favor, Matthew, 1001 Lake Forest Dr., Southlake, Texas opposed. The applicant Diane Myers, 1500 N. Norwood Southlake, Texas once sworn in, presented items to the Board and answered questions. Chairman Standerfer opened the public hearing at 7:04p.m. Sally Simpson, 509 Timber Lake Way, Southlake, Texas spoke in favor. Chairman Standerfer closed the public hearing at 7:07p.m. Lewis Miltenberger made a motion to approve ZBA Case # 539 as submitted and with the same construction material as the existing fence. Motion: Miltenberger Second: Jain Ayes: Miltenberger, Muller, Standerfer, Jain Nays: None Abstain: None Vote: 4-0-0 to Approve Agenda Item #7 Meeting to Adjourn A motion was made to adjourn the meeting. Motion: Standerfer Time: 7:10:17 p.m. Xandra Richer Acting ZBA Secretary NACommunity Development\ZBA\Minutes\2007\2-14-08.doc ZONING BOARD OF ADJUSTMENT SIGN IN SHEET Date: ~:~h t (Ll C Print Name Address Telephone Case # nr~ s 1607 -1 r g/7 ozl~~7~ 'D'd s " jwdy ~-k- 4-lAl ?T7 ~~~-.2111;61