2011-12-15 CI TY O F
S OUTH LAKE
TEXAS
REGULAR ZONING BOARD OF ADJUSTMENT MEETING: DECEMBER 15, 2011
Location: Southlake Council Chambers
1400 Main Street, Southlake, Texas
Members Present: Chairman Laird Fairchild; Board Members Chad Patton, Shawn McCaskill,
Kate Smith, and Alternates Lisa Amend, Dustin Andrews, Daniel Kubiak, Paul Venesky.
Members Absent: Phyllis Lambert
Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard
Schell, Planner II; Steve Wood, City Attorney, and Stacey Buller, Board Secretary.
WORK SESSION:
Agenda Item No. 1 — Call to Order: Chairman Fairchild called the December 15, 2011 Work
Session of the Zoning Board of Adjustment meeting to order at 5:45 p.m.
Agenda Item No. 2 — Orientation: City Attorney Steve Wood began the Orientation at 5:45
p.m.
REGULAR SESSION:
Agenda Item No. 1 — Call to Order: Chairman Fairchild called the December 15, 2011 Zoning
Board of Adjustment meeting to order at 6:45 p.m.
Agenda Item No. 2 — Approval of the Minutes: Chairman Fairchild opened the discussion for
the minutes of the Zoning Board of Adjustment meeting held on November 10, 2011.
A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
November 10, 2011, as presented.
Motion: McCaskill
Second: Smith
Ayes: McCaskill, Fairchild, Amend and Andrews
Nays: None
Abstain: Smith, Kubiak, Venesky and Patton
Vote: 4 -0 -4
Motion: Carried
Agenda Item No. 3 — Administrative Comments: Richard Schell, Planner II stated that there
has been one submittal for the next scheduled meeting on January 12, 2012 and one case on
the agenda is requested to be tabled to that meeting.
Agenda Item No. 4 — ZBA -618, Variance to Allow Tennis Court Forward of Principal
Building: Variance to Ordinance No. 480, Section 34.1(g)(iii), requiring that decks and play
courts be located in the side or rear yard only and not forward of the principal building on the lot.
Zoning Board of Adjustment Meeting — December 15, 2011
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The property is located at 1435 N. Peytonville Ave, Southlake, Texas, described as Lot 12, T.M.
Hood No. 706 Addition, an addition to the City of Southlake, Tarrant County, Texas. The current
zoning is SF -1A — Single Family Residential District.
PUBLIC HEARING
Richard Schell, Planner II, reported twenty one (21) notices were mailed out within two hundred
(200) feet with five (5) response having been received, Bernard and Barbara Gojer (8), 1503
Coventry Ln., Southlake, Texas, Opposed To; Timothy and Kathi Orfield (13), 1603 Kings Cr.,
Southlake, TX, Opposed To; Laura K. Hill (14), 1601 Kings Ct., Southlake, TX, Opposed To;
Henry and Maggie Seipel (15), 1600 Kings Ct., Southlake, TX, Opposed To; Richard and
Annette Borkowski (19), 1201 Cypress Creek Ct., Southlake, TX, In Favor Of
Michael Carnahan, 1435 N. Peytonville Ave., Southlake, Texas, once sworn in, requested that a
variance be allowed at his residence to construct a tennis court forward of the principal building.
Carnahan questioned the need for a variance due to the wording of the ordinance and the
perceived location of the front of the residence. Once the staff confirmed the front to be
Peytonville Ave., Carnahan stated the location described in the variance behind the residence
would cause unnecessary hardship and also the removal of viable trees on the property. Smith
questions the ability of the court to fit behind the residence. Nancy Carnahan (resident at 1435
Peytonville Ave.), once sworn in, confirms the court would fit behind the house but would cause
the removal of trees and require some removal of the existing pool decking.
Laura Hill, 1601 Kings Court, once sworn in, stated she is opposed to granting the variance
because she would be an eyesore visible from her bedroom window. She also stated that this
may have been able to be worked out between neighbors had she been approached. Chairman
Fairchild proposed that the matter might be worked out between the parties amicably.
Ester Speckler, 926 Turnberry Ln, once sworn in, questioned the removal of landscaping and
trees due to the construction, and was concerned the structure would be an eyesore visible from
her house.
Chairman Fairchild reiterated to Mr. Carnahan his options introduced above.
During the rebuttal by Michael Carnahan, he decided to request that the case be tabled to the
next meeting and agreed to discuss the issues further with the surrounding neighbors.
A motion was made to table ZBA -618 to the January 12, 2012 meeting.
Motion: McCaskill
Second: Smith
Ayes: Patton, McCaskill, Smith, Amend and Fairchild.
Nays: None
Abstain: None
Vote: 5 -0
Motion: Carried
Agenda Item No. 5 - ZBA -619, Special Exception Use Permit to Add Family Quarters:
Special Exception Use Permit per Ordinance No. 480, Section 44.12 (1) for a servants or family
quarters. The request is being made by the applicant, Tyler Steach, for property located at 587
E. Dove Rd., Southlake, Texas, and described as Lot 3, Larkin H. Chivers No. 300 Addition, and
Zoning Board of Adjustment Meeting - December 15, 2011
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addition to the City of Southlake, Tarrant County, Texas. The current zoning is SF -1A — Single
Family Residential District.
THIS ITEM IS REQUESTED TO BE TABLED TO THE JANUARY 12, 2012 MEETING.
A motion was made to table ZBA -619 to the January 12, 2012 meeting.
Motion: Smith
Second: Patton
Ayes: Patton, McCaskill, Smith, Amend and Fairchild.
Nays: None
Abstain: None
Vote: 5 -0
Motion: Carried
Agenda Item No. 6 — ZBA -620, Special Exception Use Permit for Portable Buildings at
Eubanks Intermediate School. ZBA 620, Special Exception Use Permit per Ordinance No.
480, Section 44.12 (7) for two (2) portable buildings at Eubanks Intermediate School. The
request is being made by the applicant, Carroll Independent School District, for property located
at 400 and 500 S. Kimball Ave., Southlake, Texas, and described as Lot 1R, Block 1, Carroll
ISD No. 4 Addition, an addition to the City of Southlake, Tarrant County, Texas. The current
zoning is CS - Community Service District.
PUBLIC HEARING
Richard Schell, Planner II, reported forty (40) notices were mailed out within two hundred (200)
feet with three (3) response having been received, Howard E. and Valerie Carr (40), 311 S.
Kimball Ave., Southlake, TX, Opposed To; John and Susan Logan (29), 221 Eastwood Dr.,
Southlake, TX, In Favor Of; C.E. and Karen Dorris (33), 8313 Thornway Ct., North Richland
Hills, TX, In Favor Of.
Dr. Derek Citty, 351 Dove Rd, Grapevine, TX, once sworn in, represented the CISD and asked
for an extension to leave two portable buildings at the Eubanks School until October 2012.
Board Member McCaskill questioned if classes are being held in the portables. Dr. Citty
confirmed that four classes are being held in the portables. Board Member Smith questioned the
need to leave the buildings until October. Citty stated that the buildings could be removed by
August 15, 2012.
A motion was made to approve ZBA -620 with the condition that the buildings be
removed by August 15, 2012.
Motion: Smith
Second: Patton
Ayes: Patton, McCaskill, Smith, Amend and Fairchild.
Nays: None
Abstain: None
Vote: 5 -0
Motion: Carried
Zoning Board of Adjustment Meeting — December 15, 2011
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Agenda Item No. 7 - ZBA -621, Special Exception Use Permit for Accessory Building of
Size Greater Than Permitted and Variance to Rear Yard Setback: ZBA 621, Special
Exception Use Permit per Ordinance No. 480, Section 44.12 (3) for accessory buildings of a
size or aggregate size greater than permitted and a Variance to Zoning Ordinance No. 480,
Section 11.5(d), requiring a rear yard setback of forty (40) feet. The request is being made by
the applicant, Ron and Dolores Craig, for property located at 1783 Kingswood Dr., Southlake,
Texas, and described as Lot 3, Block 2, Randol Mill Estates, an addition to the City of
Southlake, Tarrant County, Texas. The current zoning is SF -1A — Single Family Residential
District.
PUBLIC HEARING
Richard Schell, Planner II, reported twenty -nine (29) notices were mailed out within two hundred
(200) feet with three (3) response having been received, Oleksandr and Maya Didych (28), 1797
Kingswood Dr., Southlake, TX, In Favor Of Gary and Kit Harriger (24), 1789 Kingswood Dr.,
Southlake, TX, In Favor Of; Mehrdad Moayedi and David Keener, Palomar HOA (1, 4), 1812
Cindy Lane, Suite 100, Bedford, TX, Opposed To.
Ron Craig, 1783 Kingswood Dr., Southlake, Texas, once sworn in, proposed to build a garage
and workshop that would bring the sum total of all accessory buildings to approximately 2,005
square feet, or 4.57% of the lot area. The applicant also requested a variance to allow the
proposed workshop addition to be approximately 38.3' from the rear property line.
Mark Kennedy, 2108 Palomar Tr., Southlake, TX, once sworn in, stated his concern over the
legality of the variance and the obstruction of the view from his residence.
Mr. Craig confirmed his willingness to work with the neighbors to agree on the size and location
of the accessory building and stated that he will withdraw the variance request and submit
revised plans. Mr. Craig requested to table the case to the January 12, 2012 meeting.
A motion was made to table ZBA -621.
Motion: McCaskill
Second: Smith
Ayes: Patton, McCaskill, Smith, Amend and Fairchild.
Nays: None
Abstain: None
Vote: 5 -0
Motion: Carried
Meeting Adjournment: Chairman Fairchild adjourned the Janua 012 meeting at 8:39
p.m.
aird Fairchild
Chairman
Zoning Board of Adjustment Meeting — December 15, 2011
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ATTEST:
/j t I
' tacey Buller
Board Secretary
Zoning Board of Adjustment Meeting — December 15, 2011
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