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2001-02-15 ZBA meeting r REGULAR BOARD OF ADJUSTMENT MEETING February 15, 2001 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City 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 items 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 January 25, 2001 Regular Board of Adjustment Meeting. 3. Administrative Comments. 4. Consider: Case ZBA-359, Appeal of the Administrative Official's decision, per Ordinance No. 480, Section 6.9.a (1) and (2), regarding the abandonment of legal nonconforming status of a concrete batch plant. Location: 1635 Brumlow Avenue, being legally described as Tract 2A, Brumlow Industrial District, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388- 113, Page 442, Plat Records, Tarrant County, Texas. Current Zoning: "I-1" Light Industrial District. Appellant is Hanson Aggregate Central, Inc. Public Hearing was held and closed on January 11, 2001. 5. Consider: Case ZBA-360, Special Exception Use permit per Ordinance No. 480, Section 44.12 (1) for servant's quarters. The applicant is requesting a servants quarters of approximately seven hundred ten (710) square feet housed within the principal residential dwelling. Location: 1825 Maranatha Way, being legally described as Tracts 2A3, 2A3A, 2A3A1, 2A3B, 2A5 being approximately 18.419 acres, and being situated in the William Martin Survey, Abstract No. 1068. Current Zoning: "AG" Agricultural District and "SF-1B" Single Family Residential District. Owner and Applicant: Yin Chun Chang. Public Hearing. 6. Consider: Case ZBA-362, Variance to Ordinance No. 480, Section 39.2 (e) which requires that a screening device shall be no more than eight (8) feet in height. The applicant is requesting to have a fence along the east property line with a height of approximately ten (10) feet. Location: 3105 Florence Road, being legally described as Lot 8, Block 1, The Woods Addition, situated in the J.J. Freshour Survey, Abstract No. 521 and being 2.5 acres. Owner and Applicant is Bryant Custom Homes. 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 and City Hall, 667 North Carroll Avenue, Southlake, Texas, on Friday, February 9, 2001, at 5:00 p.m., pursuant to the Texas Government Code, Chapter 551. Its% • Sandra L. LeGrand ~ z City Secretary " ~ , jp % If you plan to attend this public meeting and have a disabil t" 1 g Kg4ecial needs, please advise the City Secretary 48 hours in advance at (817) 481-1519, and reasonable accommodations will be made to assist you. CITY OF SOUTHLAKE 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING February 15, 2001 6:30 p.m. MEMBERS PRESENT: W. Ralph Evans, Chairperson; Mike Sandlin, Vice Chairperson; John Smart, Lewis Miltenberger, Susan Johnson, Alternate #1. MEMBERS ABSENT: John Reynal, Ron Troy, Alternate # 2 STAFF PRESENT: Bruce Payne, Planning Director; Tara Brooks, Planner; Jean Bryson, Secretary; Mardenna Gullinese, Secretary, DeAnn Drennan, City Attorney; Brenda McDonald, Attorney Mr. Evans advised the audience that the Zoning Board of Adjustment would be going into Executive Session pursuant to Texas Government Code, Section 551.071, to consult with the City Attorney regarding legal issues concerning ZBA Case # 359. EXECUTIVE SESSION: Mr. Evans called the Executive Session to order at 6:35 P. M. The executive session included (Evans, Sandlin, Smart, Miltenberger, Johnson). No action was taken as the result of the executive session. The Executive Session ended 6:50 P. M. Regular Meeting Reconvene: 6:55 P. M. Agenda Item #2 Approval of the Minutes. The minutes of the January 25, 2001 Regular meeting were deemed approved by the Chair as presented. Motion: Johnson Second: Smart Ayes: Johnson, Smart, Evans Abstained: Miltenberger, Sandlin Nays: None Vote: 3-0-2 to approve Agenda Item #3 Administrative Comments. Ms. Tara Brooks, Planner, presented the Board with a 2001 Meeting Schedule. Zoning Board of Adjustment Meeting page 2 February 15, 2001 Agenda Item # 3 continuted. After reviewing the schedule a motion was made for the next regular meeting to be held on March 29, 2001 Motion: Johnson Second: Smart Ayes: Johnson, Miltenberger, Smart, Sandlin, Evans Nays: None Vote: 5-0 to approve Agenda Item #4 ZBA Case # 359 Appeal. Case ZBA-359, Appeal of the Administrative Official's decision, per Ordinance No. 480, Section 6.9.a (1) and (2), regarding the abandonment of legal nonconforming status of a Concrete batch plant. Location: 1635 Brumlow Avenue being legally described as Tract 2A, Brumlow Industrial District, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-113, Page 442, Plat Records, Tarrant County, Texas. Current Zoning: "I-1" Light Industrial District. Appellant is Hanson Aggregate Central, Inc. Public Hearing was held and closed on January 11, 2001. A motion was made to uphold and support the Administrative Official's decision; that after hearing testimony, reviewing all the evidence, and the interpretation per Ordinance No. 480, Section 6.9a (1) and (2) that the Administrative Official's decision was reasonable regarding the abandonment of legal nonconforming status of a concrete batch plant ZBA Case # 359. Motion: Johnson Second: Miltenberger Ayes: Johnson, Miltenberger, Smart, Sandlin, Evans Nays: None Vote: 5 - 0 to approve Administrative Official's decision Agenda Item #5 ZBA Case # 360 Special Exception Use Case ZBA-360, Special Exception Use permit per Ordinance No. 480, Section 44.12 (1) for servant's quarters. The applicant is requesting a servants quarters of approximately seven hundred ten (710) square feet housed within the principal residential dwelling. Location: 1825 Maranatha Way, being legally described as Tracts 2A3, 2A3A, 2A3A1, 2A3B, 2A5 being approximately 18.419 acres, and being situated in the William Martin Survey, Abstract No. 1068. Current Zoning Board of Adjustment Meeting page 3 February 15, 2001 Agenda Item # 5 continuted. Zoning: "AG" Agricultural District and "SF-1B" Single Family Residential District. Owner and Applicant: Yin Chun Chang. A motion was made to table ZBA Case # 360 to the next regular meeting March 29, 2001. Motion: Sandlin Second: Miltenberger Ayes: Johnson, Miltenberger, Smart, Sandlin, Evans Nays: None Vote: 5-0 to table Agenda Item #6 ZBA Case # 362 Variance Case ZBA-362, Variance to Ordinance No. 480, Section 39.2 (e) which requires that a screening device shall be no more than eight (8) feet in height. The applicant is requesting to have a fence along the east property line with a height of approximately ten (10) feet. Location: 3105 Florence Road, being legally described as Lot 8, Block 1, The Woods Addition, situated in the J.J. Freshour Survey, Abstract No. 521 and being 2.5 acres. Owner and Applicant is Bryant Custom Homes. Ms. Brooks, Planner, reported that twenty (20) notices were sent to property owners within 200 feet and there were three (3) responses ( two (2) in favor and one (1) opposed) to the request Public Hearing. Wyman Ward, Ward Surveying Company, was present to represent the applicant requesting a Variance for a fence and presented pictures to the members of the property and adjacent properties. Mr. Ward said the property was low and the fence was for privacy. There was no other person wishing to speak either in favor of or in opposition to the request. Public Hearing Closed. The finding were stated by Mr. Evans. A motion subject to the findings was made to approve ZBA Case # 362 as presented. Zoning Board of Adjustment Meeting page 4 February 15. 2001 Agenda Item #6 continued. Motion: Smart Second: Sandlin Ayes: Johnson, Miltenberger, Smart, Sandlin, Evans Nays: None Vote: 5 - 0 to approve Agenda Item #7 Meeting Adjourned. A motion was made to adjourn the meeting. Motion: Sandlin Second: Miltenberger Ayes: Johnson, Miltenberger, Smart, Sandlin, Evans Nays: None Vote: 5-0 to adjourn Meeting adjourned 7:30 P. M. W. Ralph 'vans, Chairman 0-10 3A Bryson ttended the meeting and prepared the minutes Aa,z~ Mardenna Gullinese Attended the meeting ATTEST: ,`,11101111If f,f`~, V = Fes: • Sandra L. LeGrand CO ' City Secretary '~ff11111i1111` ZONING BOARD OF ADJUSTMENT SIGN IN SHEET DATE ` Z~:~ ~D NAME ADDRESS CASE NO.