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2012-01-12 SOUTHLAKE TEXAS REGULAR ZONING BOARD OF ADJUSTMENT MEETING: January 12, 2012 Location: Southlake Council Chambers 1400 Main Street, Southlake, Texas Members Present:; Board Members Phyllis Lambert, Shawn McCaskill, and Alternates Lisa Amend, Dustin Andrews, Daniel Kubiak, Paul Venesky. Members Absent: Chair Laird Fairchild, Vice -Chair Kate Smith, Board Member Chad Patton. Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard Schell, Planner II; Steve Wood, City Attorney, and Misty Knaust, Board Secretary. REGULAR SESSION: Agenda Item No. 1 — Call to Order: Acting Chair Lambert called the January 12, 2012 Zoning Board of Adjustment meeting to order at 6:30 p.m. Agenda Item No. 2 — Approval of the Minutes: Acting Chair Lambert opened the discussion for the minutes of the Zoning Board of Adjustment meeting held on December 15, 2011. A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on December 15, 2011, as presented. Motion: McCaskill Second: Amend Ayes: McCaskill, Amend, Andrews, Kubiak, Venesky Nays: None Abstain: Lambert Vote: 5 -0 -1 Motion: Carried Agenda Item No. 3 — Administrative Comments: Richard Schell, Planner II stated that there has been no submittal for the next scheduled meeting on January 26, 2012. 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. 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. 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; Zoning Board of Adjustment Meeting Minutes - January 12, 2012 Page 1 of 6 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 & Nancy 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. The Carnahan's have discussed with other neighbors the concerns that had been mentioned and have been resolved with those neighbors. They communicated via in person and sent letters out to those that opposed. A meeting was held with the tennis court contractor to see if it was possible to relocate the tennis court. To relocate the tennis court at any other location on the property would cause a hardship on the moving of the pool, trees, fire - pit & fountain. The Carnahans discussed in their meeting with Laura Hill (1601 Kings Court) her request to move the tennis court 10 feet to the east and angle it some so only a portion of the court is visible from her property. The Carnahans agreed to make these changes. Board Member Amend questioned the homeowner about the concern with the lighting and are the neighbors aware of the lighting issue. Michael Carnahan replied that the proposal for the lighting is an "L" shaped light that will light up only four (4) feet around the perimeter of the court. Nancy Carnahan restated that in the letters she had sent to the surrounding neighbors she advised of the lighting issue that would be constructed along with the court. Board Member McCaskill questioned the Carnahans to confirm that the proposed tennis court would not be used for business or commercial use. The Carnahans agreed the tennis court would only be used for personal use. Laura Hill, 1601 Kings Court, once sworn in, stated she appreciates the discussion that the Carnahans have made to the changes on the tennis court and she confirmed with Board Member McCaskill that with the modifications she changes her response to be In Favor Of. A motion was made to approve ZBA -618 with the additional conditions presented at the meeting including hollies and landscaping along the northern side of the tennis court. Motion: Amend Second: McCaskill Ayes: Lambert, McCaskill, Amend, Andrews and Kubiak Nays: None Abstain: None Vote: 5 -0 Motion: Carried Agenda Item No. 5 - ZBA -619, Special Exception Use Permit to Add Family Quarters and Special Exception Use for Construct of an Accessory Building Greater than Size Permitted: Special Exception Use Permit per Ordinance No. 480, Section 44.12(1) for a servants or family quarters and Special Exception Use Permit per Ordinance No. 480, Section 44.12(3) for a for the construction of an accessory building greater than the size permitted. 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 addition to the City of Southlake, Tarrant County, Texas. The current zoning is SF -1A — Single Family Residential District. Zoning Board of Adjustment Meeting Minutes - January 12, 2012 Page 2 of 6 Richard Schell, Planner II, reported that fifteen (15) notices were mailed out within two hundred (200) feet with four (4) responses have been received; Chris Ferris (8) 607 E. Dove Road, Southlake., Texas, Opposed To; Scott F. Martin (13,14), 591 E. Dove Road, Southlake, Texas, Opposed To; Preston G. Stone (11,12), 565 E. Dove Road, Southlake, Texas, Opposed To; Marsanne Howard (7), 535 E. Dove Road, Southlake, Texas, Opposed To. William David Brooks, 587 E. Dove Road, Southlake, Texas, once sworn in, stated that one reason for the variance request is due to plans to purchase a boat in the near future and the garage would house the boat so that it would not sit out in the property as an eye sore. Lynda Grybash, 575 E. Dove Road, Southlake, Texas, once sworn in, stated that the building that Mr. Brooks put up previously was acceptable and that they did a good job. She is fine with the location of the new proposed structure. Chris Ferris, 607 E. Dove Road, Southlake, Texas, once sworn in, stated that the proposed structure will be located in his front view and all he would see is a large garage. The neighborhood used to have a very open common access feeling but now it is starting to feel more enclosed. The proposed structure is over 2,400 square feet, which is bigger than his home located on two acres. He has spoken with Mr. Brooks about a proposed sewer line to be extended to the other homes in the neighborhood, however, the sewer line will now only be extended to the new proposed servant quarters. He also stated that Mr. Brooks should have proposed all of his changes to the property from the beginning instead of by piecemeal. Scott Martin, 591 E. Dove Road, Southlake, Texas, once sworn in, stated that he has lived in Southlake for 29 years and served on Council for several years. Six to seven houses that are adjacent to the proposed new structure are smaller than Mr. Brooks' secondary dwelling. This variance is excessive and is not positive for the neighborhood or the quality of life and could harm the property value. The applicant just needs to follow the law. Board Member Amend questioned Mr. Martin if his objections to the second structure were to the size or the location. Mr. Martin stated that he objects to the size and that it will make the neighborhood look like they are living on one -half acre Tots instead of one acre Tots. In a brief rebuttal, the Mr. Brooks stated that the improvements he has recently made to the property as well as the streets have helped the value of the subdivision. Neither applicant in opposition (Ferris, Martin) offered to help pay for any of the improvements that were done to the common areas including the streets. Mr. Brooks stated that he had no plans to make all of these changes, but then his plans changed. The actual dwelling portion of the second structure is only 1,000 square feet. The garage is where the additional square footage increases. If acceptable, he will build it according to the variance if not, he will build according to code. A motion was made to deny ZBA -619. Motion: Andrews Second: Amend Ayes: Lambert, McCaskill, Amend, Andrews, Kubiak Nays: None Abstain: None Vote: 5 -0 Motion: Carried Zoning Board of Adjustment Meeting Minutes — January 12, 2012 Page 3 of 6 City Attorney Steve Wood advised the Board that at this time a special motion could be made to grant one or the other special exceptions. No motion was made. Agenda Item No. 6 - ZBA -621, Special Exception Use Permit for Accessory Building of Size Greater Than Permitted and Variance to Rear Yard Setback: 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. 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, confirmed that he had met with his neighbors and came to a mutual agreement to move the structure back 6 feet. This change affected the canopy and1 tree. Mark Kennedy, 2108 Palomar Tr., Southlake, TX, once sworn in, stated that his house is currently under construction and that he had previously expressed a concern of the view he would see out the back of his new home. After meeting with the applicant who has been very accommodating, Mr. Kennedy removed his objection based upon the changes Mr. Craig stated he was adjusting in his statement. A motion was made to approve ZBA -621. Motion: McCaskill Second: Kubiak Ayes: Lambert, McCaskill, Amend, Andrews, Kubiak Nays: None Abstain: None Vote: 5 -0 Motion: Carried Agenda Item No. 7 - ZBA -622, 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, Steven W. Kettering, for property located at 1580 Randol Mill Ave., Southlake, Texas, and described as Tracts 1A4 and 1G, William Winn Survey, Abstract No. 1660, City of Southlake, Tarrant County, Texas. The current zoning is AG — Agricultural District. Richard Schell, Planner II, reported that fifteen (15) notices were mailed out within two hundred (200) feet with Two (2) responses have been received; Katherine Millard (8), 1570 Randol Mill Zoning Board of Adjustment Meeting Minutes - January 12, 2012 Page 4 of 6 Ave., Southlake, Texas; submitted a response form stating Undecided; John R. Smart (3), 1577 Randol Mill Ave., Southlake, TX, submitted a notification response form stating In Favor Chair Lambert questioned if the tree was being removed in order to build the driveway and Planner Schell responded that it would be removed. Board Member Kubiak questioned if this new structure meets all the requirements to build within the parameters for its use. Planner Schell responded that it does meet all requirements. Steve Kettering, 1580 Randol Mill Avenue, once sworn in, proposed that his intention is to add a guest dwelling to the property that he currently owns. Mr. Kettering will enhance the property with a fence and landscaping. One tree on the lot is not going to survive and he will replace it with 3 -4 other trees. Mr. Kettering has met with the neighbors to discuss their concerns and he has agreed to add a new fence and plant a hedge that will provide a visual barricade. Katherine Millard, 1570 Randol Mill Avenue, Southlake, Texas, stated that Mr. Kettering has reached out to them to address the concerns that they have. They discussed that the fence type needs to be a fence that will withhold erosion issues. They also had a concern with the grading of the land due to the fact that their house sits lower than Mr. Kettering's master dwelling. Steve Kettering, in his rebuttal, proposed that he was putting in a wrought iron fence across the property and that the landscaping will continue down the full length of the property line. He anticipates placing a retaining wall across the back of the property to help keep the new dwelling below the fence line. Board Member Amend questioned if Mr. Kettering had looked at the drainage issue. Mr. Kettering stated he had and that he will work with the Millards to ensure there are no drainage issues and that he will install a system that will capture water off the house and direct it to underground drainage that already exists. A motion was made to approve ZBA -622. Motion: McCaskill Second: Amend Ayes: Lambert, McCaskill, Amend, Andrews, Kubiak Nays: None Abstain: None Vote: 5 -0 Motion: Carried Zoning Board of Adjustment Meeting Minutes — January 12, 2012 Page 5 of 6 Agenda Item No. 8 - Meeting Adjournment: Chair Lambert adjourned the January 12, 2012 meeting at 8:16p.m. .cr ik/t,l i ztA N 4 411. Phyllis Lambert Acting Chair ATTEST: a i rika 1 41\OULti& — Misty Knau Board Secr ry Zoning Board of Adjustment Meeting Minutes — January 12, 2012 Page 6 of 6