2006-09-14 ZBA meeting
REGULAR BOARD OF ADJUSTMENT MEETING September 14, 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 August 24, 2006 Regular Board of Adjustment Meeting.
3. Administrative Comments.
4. Consider: Case ZBA-490, Variance to Ordinance No. 480, Section 14.5 (c), requiring a
side yard of not less than fifteen (15) feet. The applicant is requesting to
construct an addition to the house that will have a side yard setback of
approximately ten (10) feet. Location: 1100 Shady Lane, being legally
described as Lot 1, Block 1, Evergreen Estates, and being approximately 0.69
acres. Current Zoning: "SF-20A" Single Family Residential District.
Applicant: Paul A. Lehmann.
Public Hearing.
5. Consider: Case ZBA-491, 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 zero (0) feet from a proposed patio cover. Location: 906
Shady Lane, being legally described as Tracts 5D & 5D4, situated in the S.
Freeman Survey, Abstract No. 525, and being approximately 1.57 acres.
Current Zoning: "SF-IA" Single Family Residential District. Applicant: Eric
Smith.
Public Hearing.
6. Consider: Case ZBA-492, Variance to Ordinance No. 480, Section 9.5 (d), requiring a
rear yard of not less than forty (40) feet. The applicant is requesting to
construct an addition to the house that will have a rear yard setback of
approximately twenty-five (25) feet. Location: 1556 N. Gravel Circle, being
legally described as Tract 1E, situated in the J. Childress Survey, Abstract No.
254 and Tract 1B9, situated in the L. Lincoln Survey, Abstract No. 981, and
being approximately 0.44 acres. Current Zoning: "AG" Agricultural District.
Applicant: Bobby Wayne Cate.
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, September 8, 2006, at 5:00 p.m., pursuant to the
Texas Government Code, Chapter 551.
~a
Lori Farwell, TRMC 0
o
City Secretary
If you plan to attend this public meeting and haV&1d"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.
r
REGULAR ZONING BOARD OF ADJUSTMENT
City of Southlake
1400 Main Street, Southlake, Texas
Southlake, Texas 76092
MEETING DATE: September 14, 2006
MEMBERS PRESENT: Chairman Lewis Miltenberger; Michael Waldman; John Smart;
Kristin Jain, Alternate 1; Frank Cornish, Alternate #2;
MEMBERS ABSENT: Vice-Chairman Greg Standerfer; Danny Mayer; Brook Bramley,
Alternate 3; AnitaMcSweeney, Alternate #4.
STAFF PRESENT: Ben Bryner, Senior Planner; and Dianna Brawner, ZBA Secretary.
Agenda Item # 1 Call to Order: Chairman Miltenberger called the meeting to order at
6:31:28 p.m.
Agenda Item # 2 Approval of the Minutes:
The minutes of the August 24, 2006 Regular Zoning Board of Adjustment meeting were
deemed approved at 6:31:49 p.m. by Chairman Miltenberger as presented.
Motion: Waldman
Second: Jain
Ayes: Jain, Smart, Miltenberger, Waldman
Nays: None
Abstain: None
Vote: 4-0 to Approve
Agenda Item # 3 Administrative Comments:
Mr. Bryner, Senior Planner, announced the next meeting will be on September 28 and
October 12, 2006.
Chairman Miltenberger read the meeting format outline.
Frank Cornish arrived at the meeting at 6:41:51 p.m.
Agenda Item #4 ZBA Case #490, Variance to side yard setback
Case ZBA-490, Variance to Ordinance No. 480, Section 14.5 (c) requiring a side yard of not
less than fifteen (15) feet. The applicant is requesting to construct an addition to the house
that will have a side yard setback of approximately ten (10) feet.
The property is located at 1100 Shady Lane, being legally described as Lot 1, Block 1,
Evergreen Estates, and being approximately 0.69 acres.
Mr. Bryner reported that sixteen (16) notices were sent within 200 feet and four (4)
responses, Richard & Debra Wilhelm, 2209 Yeargain Ct., Southlake, Texas opposed,
Charlie Stewart III & Linda Wilson, 1112 Shady Lane, Southlake, Texas in favor, Vicie E.
Clifton, 1104 Shady Lane, Southlake, Texas opposed, and Thomas Trautman, 1104 Shady
Lane, Southlake, Texas opposed.
The applicant's representative Joe Draper, 5 Brookfield Court, Trophy Club, Texas
presented items to the Board and answered questions.
Chairman Miltenberger opened the public hearing at 6:48:46 p.m.
Barbara Trautman, 1104 Shady Lane, Southlake, Texas opposed due to the size of the
structure and the fact the dormer windows look onto their property.
Thomas Trautman, 1104 Shady Lane, Southlake, Texas opposed due to the size of the
structure and the fact the dormer windows look onto their property.
John Smart made a motion to approve ZBA case # 490 Variance with the following
conditions that the proposed addition substantially comply with drawings presented and the
building side yard setback be not less than 12'6" and the West side dormers be false
windows.
Motion: Smart
Second: Jain
Ayes: Jain, Smart, Chairman Miltenberger, Waldman, Cornish
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #5 ZBA Case #491, Variance to swimming pool setback
Case ZBA-491 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 zero (0) feet from a
proposed patio cover.
The property is located at 906 Shady Lane, being legally described as Tracts 5D & 5D4,
situated in the S. Freeman Survey, Abstract No. 525, and being approximately 1.57 acres.
Mr. Bryner reported that fifteen (15) notices were sent within 200 feet and no (0) responses.
The applicant Eric Smith, 906 Shady Lane, Southlake, Texas presented items to the Board
and answered questions.
Chairman Miltenberger opened and closed the public hearing at 7:41:35 p.m.
Michael Waldman made a motion to approve ZBA case # 491 Variance as presented.
Motion: Smart
Second: Jain
Ayes: Jain, Smart, Chairman Miltenberger, Waldman, Cornish
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #6 ZBA Case #492, Variance to rear yard setback
Case ZBA-492 Variance to Ordinance No. 480, Section 9.5 (d), requiring a rear yard of not
less than forty (40) feet. The applicant is requesting to construct an addition to the house
that will have a rear yard setback of approximately twenty-five (25) feet.
The property is located at 1556 N. Gravel Circle, being legally described as Tract I E,
situated in the J. Childress Survey, Abstract No. 981, and being approximately 0.44 acres.
Mr. Bryner reported that two (2) notices were sent within 200 feet and no (0) responses.
The applicant's representative Roy Lange, 2417 San Jacinto, Southlake, Texas presented
items to the Board and answered questions.
Chairman Miltenberger opened and closed the public hearing at 7:50:33 p.m.
Kristin Jain made a motion to approve ZBA case # 492 Variance as presented.
Motion: Jain
Second: Smart
Ayes: Jain, Smart, Chairman Miltenberger, Waldman, Cornish
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #7 Meeting to Adiourn
A motion was made to adjourn the meeting.
Motion: Frank Cornish
Time: 7:51:50 p.m.
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