2006-01-12 ZBA meeting
REGULAR BOARD OF ADJUSTMENT MEETING January 12, 2006
LOCATION: 1400 Main Street, Southlake, Texas
City Council Chambers of Town Hall
REGULAR AGENDA: 6:30 P.M.
1. Call to Order.
2. Approval of Minutes of the December 29, 2005 Regular Board of Adjustment Meeting.
3. Administrative Comments.
4. Consider: Case ZBA-469, Variance to Ordinance No. 480, Section 34.1 (f) requiring a private
swimming pool to not be closer than five (5) feet to another structure. The applicant
is requesting to have a swimming pool that will be approximately two and one-half (2
''/2) feet from the home. Location: 2205 Patterson Way, being legally described as
Lot 8, Block 1, Patterson's Pond, and being approximately 0.50 acres. Current
Zoning: "SF-20A" Single Family Residential District. Applicant: Brian Johnson.
Public Hearing (Tabled from the December 29, 2005 meeting)
5. Consider: Case ZBA-479, Variance to Ordinance No. 480, Section 33.14, requiring a minimum
lot size of one acre for the use of an on-premise septic tank and subsurface drainage
field. The applicant is requesting to have a private septic system on a tract of land
that will be less than one acre in size. Location: 1086 Primrose Lane, being legally
described as Lot 3, A.H. Chivers No. 299 Addition, and being approximately 0.61
acres. Current Zoning: "SF-20A" Single Family Residential District. Applicant:
Greg and Janet Smiley.
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, January 6, 2006, at 5:00 p.m., pursuant to the Texas Government
Code, Chapter 551.
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If you plan to attend this public meeting and ha~e,cl~jl 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.
REGULAR ZONING BOARD OF ADJUSTMENT
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: January 12, 2006
MEMBERS PRESENT: Vice-Chairman David Lambert; Danny Mayer; John Smart;
Kristin Jain, A ternate 1; Anita McSweeney, Alternate #2; Frank Cornish, Alternate #4.
MEMBERS ABSENT: Chairman Lewis Miltenberger; Greg Standerfer; Brook Bramley,
Alternate 3;
STAFF PRESENT: Ben Bryner, Senior Planner; and Dianna Brawner, ZBA Secretary.
Agenda Item # 1 Call to Order: Vice-Chairman David Lambert called the meeting to
order at 6:30:11 p.m.
Agenda Item # 2 Approval of the Minutes:
The minutes of the December 29, 2005 Regular Zoning Board of Adjustment meeting were
deemed approved at 6:33:25 p.m. as presented.
Motion: Jain
Second: Mayer
Ayes: Jain, Mayer, McSweeney, Cornish
Nays: None
Abstain: Smart, Lambert
Vote: 4-0-2 to Approve
Agenda Item 93 ZBA Case #469, Variance to swimming pool setback.
Variance to Ordinance No. 480, Section 34.1 (f) requiring a private swimming pool to not
be closer than five (5) feet to another structure. The applicant is requesting to have a
swimming pool that will be approximately two and one-half (2 '/2) feet from the home.
The property is located at 2205 Patterson Way, being legally described as Lot 8, Block 1,
Patterson's Pond, and being approximately 0.50 acres.
Mr. Bryner reported that the applicant was not present at this time and requested to move
onto the next item on the agenda to give him time to arrive.
Vice-Chairman David Lambert agreed to Mr. Bryner's request and moved on to the next
case on the agenda.
Agenda Item #4 ZBA Case #479, Variance to minimum lot area for a private septic
system
Variance to Ordinance No. 480, Section 33.14, requiring a minimum lot size of one acre for
the use of an on-premise septic tank and subsurface drainage field. The applicant is
requesting to have a private septic system on a tract of land that will be less than one acre in
size.
The property is located at 1086 Primrose Lane, being legally described as Lot 3, A.H.
Chivers No. 299 Addition, and being approximately 0.61 acres.
Mr. Bryner reported that seven (7) notices were sent and one (1) response was received.
The applicant Mr. Greg Smiley, 1086 Primrose Lane, Southlake, Texas, presented the item
to the Board and answered questions.
Vice-Chairman David Lambert opened the public hearing at 7:02:59 p.m.
Harry Tharp, 1015 Carroll Meadows, spoke in opposition at 7:04:08 p.m. He has concerns
the City is offering to move toward a more modern type of sewer system and if we continue
to accept other systems then we are going backwards. Also, he was concerned of the
chemical that could contaminate the vegetable gardens, fruit trees, the water wells in the
neighborhood, and the smell it would create.
Bharat Chodavadia, 1025 Carroll Meadows, spoke in opposition at 7:10:09 p.m. He is
concerned about his vegetable garden, the contamination of the chemicals, and the smells.
Vice-Chairman David Lambert closed the public hearing at 7:11:50 p.m.
Danny Mayer made a motion that case no. ZBA-479 be approved specifically approving a
subsurface septic system and specifically prohibiting an aerobic system.
Motion: Mayer
Second: Smart
Ayes: Jain, Smart, Lambert, Mayer, McSweeney
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #5 ZBA Case #469, Variance to swimming pool setback.
Vice-Chairman David Lambert asked Mr. Bryner if the applicant had arrived and he said
that he had not; therefore, a motion was made to table case # ZBA-469 until the next
meeting January 26, 2006.
Motion: Mayer
Second: Smart
Ayes: Jain, Smart, Lambert, Mayer, McSweeney
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item 96 Meeting to Adjourn
A motion was made to adjourn the meeting.
. ti
Motion: Lambert
Time: 7:21:06 p.m.
Vice-Chairman David Lambert
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Dianna I Brawn
ZBA Secretary
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ZONING BOARD OF ADJUSTMENT
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