2008-03-27 ZBA meetingCITY OF
SOUTHLAKE
TEXAS
REGULAR BOARD OF ADJUSTMENT MEETING March 27, 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 the minutes of the February 14, 2008 regular Board of Adjustment meeting.
3. Administrative Comments.
4. Consider: Case ZBA-540, Waiver of the mandatory yard and setback requirements as
permitted by the Zoning Ordinance No. 480, Section 44.11, as amended, due
to a surveying or construction error in the placement of the original foundation
or site improvement. A minimum side yard requirement of not less than (10)
feet is required. The applicant is requesting a minimum side yard of 9.2 feet
on the south side only. Location: 1220 Woodsey Ct., being legally described
as Lot 6, H. Decker No. 438 Addition. The current zoning: "MH"
Manufactured Housing District. Applicant: Lafferty Custom Homes.
5. Consider: Case ZBA-541, Variance to the Zoning Ordinance No. 480, Sections 33.2
and 39.2e, as amended, which restricts the height of a fence or screening
device to a maximum of eight (8) feet. The applicant is requesting a
maximum fence height of nine and one half (9.5) feet. Location: 705 Timber
Lake Circle, being legally described as Lot 50, Block 1, Timber Lake Addition
Section 1. Current zoning: "R-PUD" Residential Planned Unit Development
District. Applicants: David and Cathy Lee.
Public Hearing
6. 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, March 20, 2008, at 5:00 p.m., pursuant to
the Texas Government Code, Chapter 551.
~,~ygA19Ae S4l$p rs_
vp.p1Tara Brooks = CO
c v 4
Deputy City Secretary
O
If you plan to attend this public meeting 'analft a o% sability that requires special needs, please advise the City
Secretary 48 hours in advance at (817) 748-8016, and reasonable accommodations will be made to assist you.
~r
REGULAR ZONING BOARD OF ADJUSTMENT
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: March 27, 2008
MEMBERS PRESENT: Michael Waldman; John Smart; Kristin Jain, Alternate #1; Frank
Cornish, Alternate 2; Anita McSweeney, Alternate #4.
MEMBERS ABSENT: Lewis Miltenberger; Chairman Greg Standerfer; Vice-Chairman
Vacant; Vacant, A ternate #3.
STAFF PRESENT: Dennis Killough, Deputy Director Planning; Richard Schell, Planner
II, Dianna Brawner, ZBA Secretary.
Agenda Item # 1 Call to Order: Acting Chairman Waldman called the meeting to order at
6:37 p.m.
Agenda Item # 2 Approval of the Minutes:
The minutes of the February 14, 2008 Regular Zoning Board of Adjustment meeting did not
pass.
Motion: Jain
Second: Smart
Ayes: Jain, Smart
Nays: None
Abstain: McSweeney, Cornish, Waldman
Vote: 2-0-3 Did not Pass
Acting Chairman Waldman announced the Zoning Board of Adjustment would be going
into Executive Session pursuant to the Texas Government Code, Section 551.071, and
consultation with the city attorney. The Zoning Board of Adjustment adjourned for
Executive session at 6:40 p.m. Executive Session began at 6:42 p.m. and ended at 6:51 p.m.
Agenda Item # 3 Administrative Comments:
There are no submittals at this time; therefore, we have no future meetings scheduled.
Agenda Item #4 ZBA Case 9540, Waiver of mandatory side yard setback requirement.
Case ZBA #540, Waiver of Ordinance No. 480, Section 29.6.c requiring a minimum ten
(10) foot side yard setback due to a construction error. The applicant is requesting a side
yard setback of 9.2 feet.
The property is located at 1220 Woodsey Court, being legally described as Lot 6, in the H
Decker No. 438 Addition, and being approximately 0.513 acres.
Dennis Killough reported that no (0) notices were sent with no (0) responses.
, .
The applicant's representative Mark Bosworth, 200 E. Continental, Southlake, Texas once
sworn in, presented items to the Board and answered questions.
Acting Chairman Waldman opened and closed the public hearing at 7:12 p.m.
John Smart made a motion to approve ZBA Case # 540 as submitted.
Motion: Smart
Second: Jain
Ayes: Jain, Smart, Cornish, McSweeney, Waldman
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #5 ZBA Case #541, Variance to the maximum height requirement for
fences.
Case ZBA 9541, 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 nine and one-half
(9.5) foot fence along the north boundary of the property.
The property is located at 705 Timber Lake Circle, being legally described as Lot 50, Block
1, Timber Lake Addition, Section 1, and being approximately 0.398 acres.
Mr. Schell, Planner II, reported that three hundred seven (307) notices were sent within 200
feet with ten (10) responses, J. E. Noonan, 515 Timber Lake Dr., Southlake, Texas in favor,
David Helms, 515 Timber Lake Dr., Southlake, Texas opposed, Priscilla Aikens, 1010 Lake
Forest Dr., Southlake, Texas in favor, John and Sherry Pichler, 805 Shadow Glen Dr.,
Southlake, Texas in favor, Charles and Lavonne Wilson, 715 Timber Lake Cir., Southlake,
Texas opposed, Anthony and Beth Cardillo, 808 Shorecrest Dr., Southlake, Texas in favor,
Edward and Christine Graham, 704 Timber Lake Cir., Southlake, Texas opposed, William
and Janet Snyder, 501 Timber Lake Cir., opposed, Timber Lake Residential Association,
Inc., 1800 Preston Park Blvd., Ste. 101, Plano, Texas opposed.
The applicant David Lee, 705 Timber Lake Cir., Southlake, Texas once sworn in, presented
items to the Board and answered questions.
Acting Chairman Waldman opened the public hearing at 7:29 p.m.
Charles Wilson, 715 Timber Lake Cir., Southlake, Texas once sworn in spoke against the
proposed fence on behalf of the Homeowners Association.
Mr. Lee presented documents he had previously presented to the Homeowners Association
in May 2005 showing that the fence was approved at that time.
Board member Anita McSweeney announced she is a homeowner in this subdivision in
question and stated she had no bias for or against the case and asked the applicant if he
objected to her voting. The applicant responded he had no objections.
Acting Chairman Waldman closed the public hearing 7:41 p.m.
Kristin Jain made a motion to approve ZBA Case #541 as submitted.
Motion: Jain
Second: McSweeney
Ayes: Cornish, McSweeney, Jain, Smart, Waldman
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #6 Meeting to Adjourn
A motion was made to adjourn the meeting.
Motion: Jain
Time: 7:52 p.m.
Acting airman Michael Waldman
T10~ UJ
Dianna Brawner
ZBA Secretary
NACommunity Development\ZBA\Minutes\20073-27-08.doe
ZONING BOARD OF ADJUSTMENT
SIGN IN SHEET
Date.h, \ ` lPrint Name Address Telephone Case #
l ~~v 7o yiiz~ ~l~vG
Davy dt L~ t ~lCe ~'T1 C." 1 7 Y-= t3
r