2005-12-29 ZBA meeting
REGULAR BOARD OF ADJUSTMENT MEETING December 29, 2005
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 15, 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
'/z) 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 15, 2005 meeting)
5. Consider: Case ZBA-478, 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: 1223 Woodsey Court, being legally
described as Tract 1B4L3, situated in the H. Decker Survey, Abstract No. 438, and
being a total of approximately 0.46 acres. Current Zoning: "MH" Manufactured
Housing District. Applicant: Nosa Evbuomwan.
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, Dece/ml~1;1122, 2005, at 5:00 p.m., pursuant to the Texas
Government Code, Chapter 551. %%,G%%OuTH
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Lori Farwell, TRMC m' , • . •
City Secretary
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: December 29, 2005
MEMBERS PRESENT: Chairman Lewis Miltenberger; Danny Mayer; Greg Standerfer;
Kristin Jain, Alternate #l; Anita McSweeney, Alternate #2; Brook Bramley, Alternate #3;
Frank Cornish, Alternate #4.
MEMBERS ABSENT: Vice-Chairman David Lambert; John Smart.
STAFF PRESENT: Ben Bryner, Senior Planner; and Dianna Brawner, ZBA Secretary.
Agenda Item # 1 Call to Order: Chairman Lewis Miltenberger called the meeting to order
at 6:31:22 p.m.
Agenda Item 42 Administrative Comments:
Mr. Bryner, senior planner, announced the next meeting date will be on January 12, 2006.
The Oath of Office was administered to new Board member Anita McSweeney, Alternate
#2, by Dianna Brawner, ZBA Secretary at 6:32:21 p.m.
Agenda Item # 3 Approval of the Minutes:
The minutes of the December 15, 2005 Regular Zoning Board of Adjustment meeting were
deemed approved by 6:34:14 as presented.
Motion: Danny Mayer
Second: Greg Standerfer
Ayes: Bramley, Jain, Mayer, Chairman Miltenberger, Standerfer, McSweeney, Cornish
Nays: None
Abstain: None
Vote: 7-0-0 to Approve
Agenda Item #4 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 fourteen (14) notices were sent and two (2) responses were
received one (1) in opposition, and one (1) in favor.
Neither the applicant nor a representative was present to represent case no. ZBA-469.
A motion was made to table item no. ZBA-469 until the January 12, 2006 meeting.
Motion: Standerfer
Second: Jain
Ayes: Jain, Mayer, Chairman Miltenberger, Standerfer, McSweeney
Nays: None
Abstain: None
Vote: 5-0-0 to Approve
Agenda Item #5 ZBA Case #478, 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 1223 Woodsey Court, being legally described as Tracts 1B4L3,
situated in the H. Decker Survey, Abstract No. 438, and being a total of approximately 0.46
acres
Mr. Bryner reported that eighteen (18) notices were sent and zero (0) responses were
received.
The applicant Nosa Evbuomwan, 1223 Woodsey Court, Southlake, Texas, presented the
item to the Board and answered questions.
Chairman Miltenberger opened the public hearing at 7:06:00 p.m.
Doris Perry, 1229 Woodsey Court, spoke in opposition at 7:07:40 p.m. She has concerns
regarding the size house on such a small lot. Also, how the drainage would affect the
neighborhood due to the elevation of the lot and the amount of water being released onto the
lot. She is also concerned about the smell.
Rose Sanders, 1229 Woodsey Court, spoke in opposition at 7:09:18 p.m. She stated the City
is now offering sewer to the neighborhood so, there are other options for sewer connection
for the property and this would better serve the neighborhood. Mrs. Sanders received sewer
connection information in her present water bill. She also stated she has experience with this
type of system and there are problems with smells and saturation of the property.
Carol Dossey, 1211 Woodsey Court, after being sworn in, spoke in opposition at 7:14:47
p.m. She has concerns regarding the applicant building this home without acquiring the
proper permits first. She feels there are other options; she received information in her water
bill of sewer connections coming to the neighborhood.
Cynthia Lockard, 1224 Woodsey Court, after being sworn in, spoke in opposition at 7:19:27
p.m. She has concerns regarding drainage, water saturation once it rains and feels there are
other options since the City is offering sewer connection to the neighborhood.
Frank Cornish left the meeting at 7:22:00 p.m.
ZBA Secretary, Dianna Brawner swore in the applicant and the remaining citizens that
spoke at 7:23:12 p.m.
Chairman Miltenberger gave the applicant a chance for rebuttal comments and to answer
questions from the Board members at 7:23:31 p.m.
Chairman Miltenberger closed the public hearing at 7:34:10 p.m.
Danny Mayer made a motion to table item case no. ZBA-478 until the January 26, 2006
meeting and allow a public hearing to take place.
Motion: Mayer
Second: Jain
Ayes: Jain, Mayer, Chairman Miltenberger, McSweeney
Nays: Standerfer
Abstain: None
Vote: 4-1-0 to Approve
Agenda Item #6 Meeting to Adiourn
A motion was made to adjourn the meeting.
Motion Greg Standerfer
Time: 7:43:46 p.m.
hairman Lewis Miltenberger
Dianna J. Bra r
ZBA Secretary
NACommunity Development\ZBA\Minutes\2005\12-29-05.doe
ZONING BOARD OF ADJUSTMENT
SIGN IN SHEET
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