2006-07-13 ZBA meeting
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REGULAR BOARD OF ADJUSTMENT MEETING July 13, 2006
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 AGENDA: 6:30 P.M.
1. Call to Order.
2. Approval of Minutes of the June 29, 2006 Regular Board of Adjustment Meeting.
3. Administrative Comments.
4. Consider: Case ZBA-485, Variance to Ordinance No. 480, Section 9.5 (b), requiring a
front yard setback of not less than forty (40) feet, Variance to Ordinance No.
480, Section 9.5 (c), requiring a side yard setback of not less than twenty-five
(25) feet, Variance to Ordinance No. 480, Section 9.5 (d), requiring a rear
yard setback of not less than forty (40) feet, and Variance to Ordinance No.
480, Section 9.5 (e), requiring a maximum lot coverage not exceeding ten (10)
percent of the lot area. The applicant is requesting to construct three new
homes on three platted lots with a proposed front yard setback of twenty-five
(25) feet, a proposed side yard setback of fifteen (15) feet, a proposed rear
yard setback of thirty (30) feet, and a maximum lot coverage not exceeding
forty-five (45) percent for all three platted lots. Location: 102 Sweet Street,
being legally described as Lots 1A, 1B, and 1C, Block 1, C.A. Sweet
Addition, and being approximately 1.03 acres. Current Zoning: "AG"
Agricultural District. Applicant: V. Patrick Gray.
Public Hearing.
5. Consider: Case ZBA-486, Special Exception Use Permit per Ordinance No. 480, Section
44.12 (3) permitting the construction of accessory buildings or structures of a
size or aggregate size greater than that permitted under the accessory building
requirements of the zoning district in which the property lies and a Variance
to Ordinance No. 480, Section 34.2 (e) requiring an accessory building no
greater than one story or fourteen (14) feet in height. The applicant is
requesting to construct a detached garage of approximately one thousand six
hundred (1,600) square feet making the total square footage for accessory
buildings to be approximately one thousand seven hundred twenty (1,720)
square feet with the proposed garage having a height of approximately
seventeen (17) feet. Location: 1400 Emerald Circle, being legally described
as Lot 15, Block 1, Emerald Estates, and being approximately 1.14 acres.
Current Zoning: "SF-lA" Single Family Residential District. Applicant: Todd
& Sawan Bryan.
Public Hearing.
6. Consider: Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for
portable buildings. The applicant is requesting to place one (1) portable
building at Eubanks Intermediate School for education classrooms. Location:
500 S. Kimball Avenue, being legally described as Lot 1 Block 1, Carroll
I.S.D. No. 4 Addition, and being approximately 35.46 acres. Current Zoning:
"CS" Community Service District. Applicant: Carroll I.S.D.
Public Hearing.
7. Consider: Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for
portable buildings. The applicant is requesting to place one (1) portable
building at Johnson Elementary School for education classrooms. Location:
1301 N. Carroll Avenue, being legally described as Lot 13, F. Throop No.
1511 Addition, and being approximately 14.75 acres. Current Zoning: "CS"
Community Service District. Applicant: Carroll I.S.D.
Public Hearing.
8. 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, July 7, 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 have a disability 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: July 13, 2006
MEMBERS PRESENT: Vice-Chairman David Lambert; John Smart; Kristin Jain,
Alternate l; Anita McSweeney, Alternate #2; Brook Bramley, Alternate #3.
MEMBERS ABSENT: Chairman Lewis Miltenberger; Danny Mayer; Greg Standerfer;
Frank Cornish, ternate #4.
STAFF PRESENT: Ben Bryner, Senior Planner; Dennis Killough, Chief Planner; Ken
Baker, Director of Planning, Thomas Scollon, City Attorney, and Dianna Brawner, ZBA
Secretary.
Agenda Item # 1 Call to Order: Vice-Chairman Lambert called the meeting to order at
6:31:01 p.m.
Vice-Chairman Lambert announced the Zoning Board of Adjustment would be going into
Executive Session pursuant to the Texas Government Code, Section 551.071, and
consultation with city attorney. The Zoning Board of Adjustment adjourned for Executive
Session at 6:31 p.m. Executive Session began at 6:32 p.m. and ended at 6:51 p.m.
Vice-Chairman Lambert reconvened the regular meeting at 6:53:11 p.m. Vice-Chairman
Lambert asked if any motion was necessary from Executive Session. No action was
necessary.
Agenda Item # 2 Approval of the Minutes:
The minutes of the June 29, 2006 Regular Zoning Board of Adjustment meeting were
deemed approved at 6:53:49 p.m. by Anita McSweeney.
Motion: McSweeney
Second: Bramley
Ayes: Jain, McSweeney, Bramley
Nays: None
Abstain: Smart, Lambert
Vote: 3-0-2 to Approve
Agenda Item # 3 Administrative Comments:
Mr. Bryner, senior planner, announced the next meeting date will be on July 27, 2006.
Vice-Chairman Lambert read the meeting format outline.
Agenda Item #4 ZBA Case #485, Variance to front, side, & rear setbacks and to
maximum lot coverage.
Variance to Ordinance No. 480, Section 9.5 (b), requiring a front yard setback of not less
than forty (40) feet, Variance to Ordinance No. 480, Section 9.5 (c), requiring a side yard
setback of not less than twenty-five (25) feet, Variance to Ordinance No. 480, Section 9.5
(d), requiring a rear yard setback of not less than forty (40) feet, and Variance to Ordinance
No. 480, Section 9.5 (e), requiring a maximum lot coverage not exceeding ten (10) percent
of the area. The applicant is requesting to construct three new homes on three platted lots
with a proposed front yard setback of twenty-five (25) feet, a proposed side yard setback of
fifteen (15) feet, a proposed rear yard setback of thirty (30) feet, and a maximum lot
coverage not exceeding forty-five (45) percent for all three platted lots.
AMENDED REQUEST:
Variance to Ordinance No. 480, Section 9.5 (b), requiring a front yard setback of not less
than forty (40) feet, Variance to Ordinance No. 480, Section 9.5 (c), requiring a side yard
setback of not less than twenty-five (25) feet, Variance to Ordinance No. 480, Section 9.5
(d), requiring a rear yard setback of not less than forty (40) feet, and Variance to Ordinance
No. 480, Section 9.5 (e), requiring a maximum lot coverage not exceeding ten (10) percent
of the area. The applicant is requesting to construct three new homes on three platted lots
with a proposed front yard setback of twenty-five (25) feet, a proposed side yard setback of
fifteen (15) feet, a proposed rear yard setback of thirty (30) feet, and a maximum lot
coverage not exceeding thirty (30) percent for all three platted lots.
The property is located at 102 Sweet Street, being legally described as Lots 1 A, 1 B, and 1 C,
Block 1, C.A. Sweet Addition, and being approximately 1.03 acres.
Mr. Bryner reported that eighteen (18) notices were sent and four (4) response, Martin W.
Schelling, 2735 N. White Chapel Blvd., Southlake, Texas, in favor, Kenneth D. Sorg, 2825
N. White Chapel Blvd., Southlake, Texas, in favor, Kevin & Kim Thacker, 125 Sweet St.,
Southlake, Texas, in favor, and Dennis J. & Barbara J. O'Hara, 136 Sweet St., Southlake,
Texas, in favor.
The applicant V. Patrick Gray, 707 Edward Ct, Southlake, Texas, presented items to the
Board and answered questions.
Vice-Chairman Lambert opened the public hearing at 7:06:35 p.m.
Neil McNabnay 419 Marshall, Southlake, Texas spoke in favor.
Vice-Chairman Lambert closed the public hearing at 7:11:55 p.m.
John Smart made a motion that case no. ZBA-485 be denied as presented.
Motion: Smart
Second: Bramley
Ayes: Jain, Smart, Vice-Chairman Lambert, McSweeney, Bramley
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Dennis Killough, Chief Planner, left the meeting at 7:20:17 p. m.
Agenda Item #5 ZBA Case #486, Special Exception Use Permit for an accessory
building of a size greater than permitted and Variance to the permitted height.
Case ZBA-486, Special Exception Use Permit per Ordinance No. 480, Section 44.12 (3)
permitting the construction of accessory buildings or structures of a size or aggregate size
greater than that permitted under the accessory building requirements of the zoning district
in which the property lies and a Variance to Ordinance No. 480, Section 34.2 (e) requiring
an accessory building no greater than one story or fourteen (14) feet in height. The
applicant is requesting to construct a detached garage of approximately one thousand six
hundred (1,600) square feet making the total square footage for accessory buildings to be
approximately one thousand seven hundred twenty (1,720) square feet with the proposed
garage having a height of approximately seventeen (17) feet.
The property is located at 1400Emerald Circle, being legally described as Lot 15, Block 1,
Emerald Estates, and being approximately 1.14 acres.
Mr. Bryner reported that twelve (12) notices were sent to adjacent properties within 200 feet
and five (5) responses, Mary Blackwell, 1491 Emerald Circle, Southlake, Texas opposed,
Chris and Lori Nelson, 1450 Emerald Circle, Southlake, Texas opposed, Gary and Sally
Smith 1391 Emerald Circle, Southlake, Texas opposed, Gregory E. Swain, 2407 Taylor
Street, Southlake, Texas opposed, and JoAnn Swain, 2407 Taylor Street, Southlake
opposed. In addition, notices were sent to properties within the subdivision and eleven (11)
responses were received, Suzanne Huffman, 1260 Taylor Street, Southlake, Texas opposed,
August Shilling, 1260 Taylor Street, Southlake, Texas opposed, Judy Miller, 2405 N.
Carroll Avenue, Southlake, Texas opposed, Thomas and Beverly Zipfel, 1120 Taylor Street,
Southlake, Texas opposed, Gene Haggerty, 1200 N. Taylor Street, Southlake, Texas
opposed, Adrian B. Brian, 2413 N. Taylor Street, Southlake, Texas opposed, Florence S.
Brian, 2413 N. Taylor Street, Southlake, Texas opposed, David and Theresa Callahan, 2411
Taylor Street, Southlake, Texas opposed, Gary and Marilyn Montigold 2410 Emerald
Circle, Southlake, Texas opposed, Gary and Brenda Nesbitt, 2406 Emerald Circle,
Southlake, Texas opposed, and Arnulfo Pereira, 2411 Emerald Circle, Southlake, Texas in
favor.
There were thirteen (13) additional notices received by Ben Bryner at the meeting and not
read were as follows: Bert Anyers, 1350 Emerald Circle, Southlake, Texas, opposed, Annie
Dukin, 1350 Emerald Circle, Southlake, Texas opposed, Breck Orcutt, 2406 Taylor Street,
Southlake, Texas opposed, Jessica and Rafael Otoya, 1351 Emerald Circle, Southlake,
Texas opposed, Floyd McGlothlin, 2409 Emerald Circle, Southlake, Texas opposed, Linda
R. White, 1451 Emerald Circle, Southlake, Texas opposed, Adeen Gonzalez, 2405 Taylor
Street, Southlake, Texas opposed, Holly Wright, 1201 Emerald Circle, Southlake, Texas
opposed, Cynthia Steputis, 1201 Emerald Circle, Southlake, Texas opposed, Charles Wells,
1240 Emerald Circle, Southlake, Texas opposed, Charlene Coffield, 1401 Emerald Circle,
Southlake, Texas opposed, Jeannie and Bruce McGregor, 2412 Emerald Circle, Southlake,
Texas opposed, and Richard Schneider, 1401 Emerald Circle, Southlake, Texas opposed.
The applicants Todd and Sawan Bryan, 1400 Emerald Circle, Southlake, Texas presented
items to the Board and answered questions.
Dennis Killough, Chief Planner, returned to the meeting at 7:34:00 p. m.
Vice-Chairman Lambert opened the public hearing at 7:59:09 p.m.
Chris Nelson, 1450 Emerald Circle, Southlake, Texas spoke in opposition his concern was
the type of structure and the size gave it a commercial look not conducive for a residential
neighborhood.
August Schilling, 1260 Taylor Street, Southlake, Texas spoke in opposition his concern was
the size and style was too large for a residential neighborhood.
Holly Wright and Cindy Steputis, 1201 Emerald Circle, Southlake, Texas spoke in
opposition her concern was the size and she presented a diagram scaled to represent how
large the proposed structure was in comparison to a man standing next to the building.
Ellen Bratton, 2409 Emerald Circle, Southlake, Texas spoke in opposition feeling the size
and material was that of a commercial type structure.
Charlene Coffield, 1401 Emerald Circle, Southlake, Texas spoke in opposition feeling the
look was that of a commercial building and was concerned of the number of cars that would
be in outside view and how that would affect the neighborhood look.
Jerry Gonzalez, 2405 Taylor Street, Southlake, Texas spoke in opposition feeling the size
and materials were not proper for a residential neighborhood
Vice-Chairman Lambert gave the applicant an opportunity to respond.
Vice-Chairman Lambert closed the public hearing at 8:57:08 p.m.
At the request of the applicant Todd Bryan, a motion was made that case no. ZBA-486 be
tabled until the July 27, 2006 meeting so that he might make a revised plan for a smaller
structure with different materials and possible additional landscaping.
Motion: Smart
Second: McSweeney
Ayes: Jain, Smart, Vice-Chairman Lambert, McSweeney, Bramley
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #6 ZBA Case #487, Special Exception Use Permit for portable buildings.
Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for portable
buildings. The applicant is requesting to place one (1) portable building at Eubanks
Intermediate School for education classrooms.
The property is located at 500 S. Kimball Avenue, being legally described as Lot 1 Block 1,
Carroll I.S.D. No. 4 Addition, and being approximately 35.46 acres.
Mr. Bryner reported that twenty-two (22) notices were sent and zero (0) responses.
Agenda Item #7 ZBA Case #488, Special Exception Use Permit for portable buildings.
Special Exception Use Permit per Ordinance No. 480, Section 44.12 (7) for portable
buildings. The applicant is requesting to place one (1) portable building at Eubanks
Intermediate School for education classrooms.
The property is located at 1301 N. Carroll Avenue, being legally described as Lot 13 Block
F, Throop No. 1511 Addition, and being approximately 14.75 acres.
Mr. Bryner reported that twenty-three (23) notices were sent and two (2) responses, Larry
Hix, 1203 Whispering Ln, Southlake, TX, in favor and Kermit L. Stosberg, Jr., 1204 Blythe
Ln, Southlake, TX, in favor.
The applicant's representative Harry Ingalls, 1500 Stanton Court, Keller, Texas and Todd
Thompson, 525 Yellowstone, Grapevine, Texas presented items to the Board and answered
questions regarding case no. ZBA-487 and ZBA-488.
Vice-Chairman Lambert opened and closed the public hearing regarding both cases no.
ZBA-487 and ZBA-488 at 9:26:12 p.m.
Anita McSweeney made a motion that case no. ZBA-487 be approved as presented.
Motion: McSweeney
Second: Jain
Ayes: Jain, Smart, Vice-Chairman Lambert, McSweeney, Bramley
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Anita McSweeney made a motion that case no. ZBA-488 be approved as presented.
Motion: McSweeney
Second: Bramley
Ayes: Jain, Smart, Vice-Chairman Lambert, McSweeney, Bramley
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #8 Meeting to Adiourn
A motion was made to adjourn the meeting.
Motion: Bramley
Time: 9:27:49 p.m.
Vice-Chairman David Lambert
Dianna J. Brawn r ( J
ZBA Secretary
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ZONING BOARD OF ADJUSTMENT
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