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2011-11-10 CITY OF SOUTHLAKE TEXAS REGULAR ZONING BOARD OF ADJUSTMENT MEETING: November 10, 2011 Location: Southlake Council Chambers 1400 Main Street, Southlake, Texas Members Present: Chairman Laird Fairchild; Board Members, Shawn McCaskill, Phyllis Lambert; and Alternates Lisa Amend and Dustin Andrews Members Absent: Chad Patton, Kate Smith, Daniel Kubiak Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard Schell, Planner II; and Holly Blake / Acting Board Secretary, Misty Knaust /Acting Board Secretary, Stacey Buller/ Acting Board Secretary. Agenda Item No. 1 — Call to Order: Chairman Fairchild called the November 10, 2011 Zoning Board of Adjustment meeting to order at 6:31 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 October 27, 2011. A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on October 27, 2011, as presented. Motion: McCaskill Second: Lambert Ayes: Fairchild, Amends, Andrews, Lambert, McCaskill Nays: None Abstain: Vote: 5 -0 Motion: Carried Agenda Item No. 3 — Administrative Comments: Dennis Killough introduced the new secretaries. Items did come in for the December 15 meeting and we are probably looking at orientation for the January meeting. Dennis stated a reminder of the Board Reception on November 19 which is also the Tree Lighting Ceremony. Dennis also gave a reminder about the citizen survey online. Agenda Item No. 4 - ZBA -617, Variance to Allow Accessory Building Forward of Principal Residence: Variance to Ordinance No. 480, Section 34.2(f), requiring that no accessory building be located forward of the principal residence. The property is located at 1931 N. Carroll Ave, Southlake, Texas and described as Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511, City of Southlake, and Tarrant County, Texas. The current zoning is AG — Agricultural District. Applicant: James and Carol Palazzo. SPIN Neighborhood # 4.- Presented by Richard Schell. Lambert questioned if other than the location of building are all the other requirements met. Schell responded "yes." PUBLIC HEARING Zoning Board of Adjustment Meeting — November 10, 2011 Jim Palazzo, residing at 416 Stockton Drive Southlake, Texas 76092 once sworn in, presented a power point presentation. He proposed that the new structure be built on the current pad in order to preserve the existing trees behind the new home and the existing trees located in front of the current structure. Fairchild asked Mr. Palazzo how far the trees are from the new barn. Applicant could not answer but stated that according to the slide it looks to be 28'. Board Member McCaskill asked if the new structure could be moved further to the right and back to avoid tree removal followed by Chairman Fairchild questioning the utility easement and if this easement only supplied service to the property. Board Member Amends also questioned the property line of the opposing property. Applicant replied that the new barn structure was 81' from the property line. Board Member McCaskill proposed relocating barn to the existing house site; applicant stated that family would need to live in the current house during the construction. Shane Golden, 640 N Carroll Ave, Southlake, Texas, once sworn in, reviewed the structure's construction including square footage, height, placement and use. Shane stated that the new barn structure could maybe only be moved 5 ft. Board Member Lambert questioned the blue line and if it could be pushed back. Chairman Fairchild asked if the new barn structure could be placed anywhere else on the property without impacting trees or drainage. Shane Golden stated no. Chairman Fairchild called for a recess at 7:14pm, the meeting resumed at 7:20pm. Laura Means, 1421 Bay Meadows, Southlake, Texas, once sworn in, resides directly west (behind) the proposed new barn. She and several other neighbors met with staff regarding this case. They also met with the homeowner Mr. Palazzo and for the 3rd time questioned several aspects of the variance. Mrs. Means stated the homeowner has not answered them. No other questions were asked of Mrs. Means. Board Member Amends asked if the HOA had involvement in this proposal. Mrs. Means requested the HOA to be present but they declined. Means voiced concern over the horse smell and stated she preferred the trees to be removed. Chairman Fairchild reminds the board that the variance is about placement of the building forward of home not horses. Jim Patterson, 1400 Bay Meadows, Southlake, Texas 76092 lives on the right side of the property lot #6 he is also concerned about the smell of the livestock. Again Chairman Fairchild reminded that smell is not part of the variance and the property is zoned AG and could have a lot more animals. Mr. Palazzo rebuttal stated that the variance approval would provide improvement of the property value, as for the odor control they would maintain the animals smell as they are located so close to their home. If the house was to be moved forward it would cross the utility easement, moving the new building back would require trees to be removed and they would like to save remaining trees. Chairman Fairchild asked again if there is no other option to build anywhere else due to drainage, utilities and trees. Mr. Palazzo confirmed. Chairman Fairchild closed the meeting for Board Member discussion. Chairman Fairchild reminds the board to consider the findings for a variance and asked to review the slide show from staff. Amend questioned if the paddock could be moved behind the house to allow for needed space. Chairman Fairchild stated that it is a hardship on the movement of structures does the impact on the trees and the drainage of the property. He also questions the staff on what the paddock the building set back. Dennis responds that there is 40' Zoning Board of Adjustment Meeting - November 10, 2011 set back from the building along with the paddock. Chairman Fairchild questions if the house can be built forward and the building remain in place. Board Member Lambert believes the opposition has more zoning issues than the variance which has no part in the board's decision. Board Member McCaskill questions the difference between the thick and thin blue lines on the slides. Dennis states that is the planning department's interpretation of the front set back of the building to the house. McCaskill questions the staff, if the front elevation of the house is a determining factor of the set back. Dennis agreed. McCaskill is still uncertain. Chairman Fairchild states a 5' variance could be given, Andrews and Lambert question if 81' versus 86' will truly make a difference. A motion was made to table ZBA -617. Motion: McCaskill Second: Amend Ayes: McCaskill, Amend Nays: Lambert, Fairchild, Andrews Abstain: None Vote: 2/3 Motion: Failed A motion was made to approve the ZBA - 617 with the stipulation that the accessory building be located not less than eighty -six (86) feet from the front property line. Motion: Chairman Fairchild Second: Andrews Ayes: Lambert, Fairchild, Amend, Andrews Nays: McCaskil Vote: 4/1 Motion: Carried Agenda Item No. 5 — Meeting Adjournment: Chairman Fairchild adjourned the November 10, 2011 meeting at 8:06 p.m. z%"'-Z ,..._----- Laird Fairchild Chairman ATTEST: )1(i\ \ )y \ 1\1 lj:L( '.-- C (- VUi Misty Knaust Board Secrefa Zoning Board of Adjustment Meeting - November 10, 2011