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1991-11-14 ZBA meeting City of Southlake, Texas lrll CITY OF SOUTHLAKE, TEXAS k REGULAR BOARD OF ADJUSTMENTS MEETING: NOVEMBER 14, 1991 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers of City Hall TIME: 7:00 P.M. AGENDA 1. Call to order. 2. Approval of the Minutes of the October 24, 1991 meeting. 3. Administrative Comments. 4. Consider: ZBA Case #138. Special Exception Use Permit per ordinance No. 480, Section 44.12 (3) for the construction of an accessory building of a size or aggregate size greater than that permitted in the "SF-lA", Single Family-lA residential district. The applicant has an existing 192 square foot storage shed and requests to build a breezeway shelter of 1,120 square foot making a total of 1,312 square foot. Location: 2960 Burney Lane, being legally described as Block 2, Lot 9, Harbor Oaks Addition, 1.9 acres. Owner/Applicant: Ted Saunders. Public Hearing. 5. Consider: ZBA Case #139, Variance to ordinance No. 480, Section 34.1(d) (4) which requires a minimum distance of twenty-five feet (25') from any grazing animal enclosure to any adjoining lot which is zoned in a residential category. The applicant requests a minimum of fifteen feet (151). Location: 2960 Burney Lane, being legally described as Block 2, Lot 9, Harbor Oaks Addition. Owner/ Applicant: Ted Saunders. Public Hearing. 6. Consider: ZBA Case #140. Appeal of the Administrative Official's decision regarding the expansion of a nonconforming use in the "MH" Manufactured Housing District. Location: 1217 Woodsey Court, being legally described as Harrison Decker Survey, Abstract No. 438, Tracts 1B4G and 1B4H. Owner/Applicant: John and Deborah Batson. Public Hearing. City of Southlake, Texas 111 Board of Adjustments Meeting Agenda November 14, 1991 page two 7. Consider: ZBA Case #141, Variance to Ordinance No. 480, Section 34.1 (y) which allows a developer to place a maximum 500 square foot temporary sales facility and 500 square foot construction facility for a period of two (2) years on the property being developed. The developer proposes a 1,076 square foot facility for the purposes of sales only. This exceeds the maximum allowed by 576 square feet. Location: 204 Timber Lake Way, being legally described as Block 3, Lot 4, Timber Lake, Phase I. Current zoning is "R-P.U.D.", Residential Planned Unit Development. Owner/Applicant: Southlake Joint Venture. Public Hearing. 8. Consider: ZBA Case #142, Variance to Ordinance No. 480, Section 34.1 (y) which allows a developer to place a maximum 500 square foot temporary sales facility and 500 square foot construction facility for a period of two (2) years on the property being developed. The developer proposes a 1,320 square foot facility for the purposes of sales and construction. This exceeds the maximum allowed by 320 square feet. Location: 601 Vicksburg Court, being legally described as Block 4, Lot 6, Hills of Monticello, Phase I. Current zoning: 11R-P.U.1).", Residential Planned Unit Development. Owner/Applicant: Larry Cole dba The Hills of Monticello. Public Hearing. 9. Discussion: Proposed amendments to Ordinance No. 480. 10. Discussion: Board of Adjustments Rules of Order, Procedure an Conduct. i 11. Meeting Adjourned. I hereby certify that the above agenda was posted on the official bulletin boards at city hall, 667 North Carroll Avenue, Southlake, Texas, on Thursday, November 7, 1991, at 5:00 p.m., pursuant t the Open Meetings Act, Article 6252-17 V.T.A.S. i o®,®`,p~i ~{44~ bb~pn 8j,9~ Sandra L. LeGrand City Secretary =O CITY OF SOUTHLAKE no 667 N. Carroll Avenue BOARD OF ADJUSTMENT MEETING November 14, 1991 7:00 P.M. MEMBERS PRESENT: Ernest Johnson, Vice Chairman; Robert Downard, Fred Joyce, Alternate # 1, Dennis Minder; and Alternate # 2, Karen Reynolds. MEMBERS ABSENT: Art Sorenson, Chairman; and Joe Bentley. STAFF PRESENT: Karen Gandy, Zoning Administrator and Renni Burt, Court Clerk. Agenda Item #2 Approval of the Minutes. With no objections approval of the minutes for October 24, 1991 meeting was postponed to December 12, 1991 meeting. Agenda Item # 3 Administrative Comments. Mrs. Gandy, Zoning Administrator, ask for a count of all Board Members planning to attend the Training Seminar on December 13, 1991. Agenda Item # 4 ZBA Case # 138, Special Exception Use Permit. ZBA Case # 138 Special Exception Use Permit per ordinance 480, Section 44.12 (3) for the construction of an accessory building of a size or aggregate size greater than that permitted in the "SF-lA", Single Family-lA residential district. The applicant has an existing 192 sq. ft. storage shed and request to build a W breezeway shelter of 1,120 sq. ft. making a total of 1,312 sq. ft. The location is 2960 Burney Lane, Block 2 Lot 9 in the Harbor Oaks Addition (1.9). The owner/applicant is Ted Saunders. A presentation was made by Karen Gandy, Zoning Administrator, reporting that six (6) letters were sent to property owners within 200 feet with 3 responses in favor of the request. Public Hearing. Mr. Ted Saunders, owner/applicant was present and stated that the the Zoning at the time he purchased his home allowed 1000 sq. €t. W per acre of land for accessory buildings and the barns in his sub-division are built accordingly. He also stated that the building will not exceed fourteen feet (14') in height. There was no opposition to the request. Public Hearing Closed. The board discussed that until the adoption of Ordinance No. 480-C, in March, 1991, the applicant could have built an accessory use of an aggregate size not exceeding 1,000 sq. ft. per acre. This would have allowed 1,900 sq. ft. of accessory use on this lot. Board of Adjustment Page 2 November 14, 1991 Agenda Item # 4 continued. A motion was made to grant ZBA Case # 138 Special Exception Use Permit per Ordinance 480, Section 44.12 (3) for the construction of an accessory building of size greater than that permitted in "SF-lA", Single Family-lA residential district subject to the concept plan presented with the request. Motion: Minder Second: Joyce Ayes: Downard, Joyce, Minder, Reynolds, Sorenson Nays: None Vote: 5-0 to grant Agenda Item # 5 ZBA Case # 139, A Variance. ZBA Case # 139 Variance to Ordinance No. 480, Section 34.1(d)(4) which requires a minimum distance of twenty-five feet (251) from any grazing animal enclosure to any adjoining lot which is zoned in a residential category. The applicant request a minimum of fifteen feet (15'). The property is located at 2960 Burney Lane, being legally described as Block 2, Lot 9, Harbor Oaks Addition. The owner/applicant is Ted Saunders. The current zoning is "SF-lA" Single Family-lA Residential. Mrs. Gandy, Zoning Administrator, reported that Six (6) notices were sent to property owners within 200 feet with three (3) responses in favor of the request. Public Hearing. Ted Saunders/owner applicant was present and stated that the site for the accessory building is already cleared and level ground and another site would create a problem of removing many trees. With no opposition Public Hearing Closed. A motion was made to grant ZBA Case # 139 as submitted a variance to Ordinance No. 480, Section 34.1(d)(4) which requires a minimum distance of twenty-five feet (251) from any grazing animal enclosure to any adjoining lot which is zoned in residential category. The findings were stated that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, ' or building in the dame district. That literal interpretation of ' rights commonly enjoyed by other properties in the same district requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or building in the same district. Board of Adjustment page 3 00 November 14, 1991 Agenda Item # 5 continued. Motion: Minder Second: Joyce Ayes: Downard, Joyce, Minder, Reynolds, Johnson Nays: None Vote: 5-0 to grant Agenda Item # 6 ZBA Case # 140, Appeal of the Administrative Official's Decision. ZBA Case # 140 appeal of the Administrative Official's decision regarding the expansion of a nonconforming use in the "MH" Manufactured Housing District. The location is 1217 Woodsey Court legally described as Harrison Decker Survey, Abstract No. 438, Tracts 1B4G and 1B4H. The owner/ applicants are John and Deborah Batson. Mrs. Gandy, Zoning Administrator reported that Case #140 withdrew the case on November 14, 1991. No action was taken by the board. Agenda Item # 7 ZBA Case # 141, variance. ZBA Case # 141 Variance to Ordinance No. 480, Section 34.1 (y) which allows a developer to place a maximum 500 square foot temporary sales facility and 500 square foot construction facility for a period of two (2) years on the property being developed. The developer proposes a 1,076 square foot facility for the purposes of a sales only. This exceeds the maximum allowed by 576 square feet. The location is 204 Timber Lake Way, being legally described as Block 3, Lot 4 Timber Lake, Phase I. The current zoning is "R-P.U.D.", Residential Planned Unit Development. The owner applicant is Southlake Joint Venture. Mrs. Gandy stated that the applicant requested that Case # 141 be tabled until December 12, 1991 meeting. Agenda Item # 8 ZBA Case # 142, Variance. ~e ZBA Case #142 a request for a variance to Ordinance No. 480, Section 34.1(y) which allows a developer to place a maximum 500 square foot temporary sales facility and 500 square foot construction facility for a period of two (2) years on the property being developed. The developer proposes a 1,320 square foot facility for the purpose of sales and construction. This exceeds the maximum allowed by 320 square feet. The location is 601 Vicksburg Court, being legally described as Block 4, Lot 6, Monticello, Phase I. The owner applicant is Larry Cole dba The Hills of Monticello. The property is zoned "R-P.U.D.", Residential Planned Unit Development. ..YiY +rr~~~YYYY~I ICY YiIA~IY~ Board of Adjustment page 4 November 14, 1991 Agenda Item # 8 continued. Karen Gandy, Zoning Administrator, reported the structure is located on site. The required permits were issued for moving the building from Colleyville to Southlake for Monticello's grand opening. The problem arose because there was no provisions on the permit application to list the building's square footage. Mrs. Gandy stated that no notices were sent as the developer owns all property within 200 ft. Public Hearing. Terry Wilkinson representing The Hills of Monticello said he appreciated the City's cooperation in the development of Monticello and he had nothing to add to Mrs. Gandy presentation but would answer any questions. There was no opposition. Public Hearing Closed. w A motion was made to grant ZBA Case # 142 a Variance to Ordinance No.480, Section 34.1(y) which allows a developer to place a maximum 500 square foot temporary sales facility and 500 square foot construction facility for a period of two (2) years on the property being developed. The board suggested that the applicant place underpinning around the structure. Motion: Joyce Second: Minder Ayes: Downard, Joyce, Minder, Reynolds, Johnson Nays: None Vote: 5-0 to grant The findings were stated that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or building in the same district. That literal interpretation of rights commonly enjoyed by other properties in the same district requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or building in the same district. Agenda Item # 9 Proposed amendments to Ordinance No. 480. No discussion L Board of Adjustment page 5 pw l~, November 14, 1991 Agenda Item # 10 Board of Adjustment Rules of Order, Procedure W and Conduct. No discussion Agenda Item # 11 Meeting Adjourned. A motion was made to adjourn and with no objection Mr. Johnson deemed the meeting adjourned. Meeting adjourned 8:30 P.M. 1 w Ernest Johns , Vice Chairman `S Renni rt, Attended meeting e n Bry n, repared the ATTEST: w~ Cn Sandra L. LeGrand City Secretary NOTE: The tape failed for backup. 41