2012-08-30 Is CITY OF
SOUTH LAKE
TEXAS
REGULAR ZONING BOARD OF ADJUSTMENT MEETING: August 30, 2012
Location: Southlake Council Chambers
1400 Main Street, Southlake, Texas
Members Present:; Chair Shawn McCaskill, Vice -Chair Phyllis Lambert, Board Members Paul
Venesky, Nicole Smith, Dustin Andrews and Daniel Kubiak
Members Absent: Board Members Dennis Simoson and Lisa Amend
Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard
Schell, Planner II, and Misty Knaust, Board Secretary
REGULAR SESSION:
Agenda Item No. 1 — Call to Order: Chair McCaskill called the August 30, 2012 Zoning Board
of Adjustment meeting to order at 7:10 p.m.
Agenda Item No. 2 — Approval of the Minutes: Chair McCaskill opened the discussion of the
minutes of the Zoning Board of Adjustment meeting held on July 07, 2012.
A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
July 12, 2012, as presented.
Motion: Lambert
Second: Venesky
Ayes: McCaskill, Lambert, Venesky, Andrews, Smith
Nays: None
Abstain: Kubiak
Vote: 5 -0 -1
Motion: Carried
Agenda Item No. 3 — Administrative Comments: Richard Schell, Planner II, announced that
our next ZBA meeting would be held on September 13, 2012.
Agenda Item No. 4 — ZBA -624, Special Exception Use Permit: 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, Davinder Singh, for property located at 532 Coyote Rd., Southlake,
Texas, and described as Lot 2, Block 3, Clariden Ranch Phase III, an addition to the City of
Southlake, Denton County, Texas. The current zoning is SF -1A — Single - Family Residential
District.
Richard Schell, Planner II, reported fifty -nine (59) notices were mailed out within two hundred
(200) feet with twelve (12) responses having been received with the first mail out in May and
seven (7) to the second mail out in August along with a response from the HOA. The first mail
out in May the applicant proposed a second family quarters in an accessory building and the
applicant chose to table the case due to the HOA not approving. The second mail out the
Zoning Board of Adjustment Meeting Minutes — August 30, 2012
Page 1 of 4
applicant revised the plan to reflect the second family quarters attaching to the existing family
quarters and he has gotten HOA approval. The first twelve (12) responses that were received
to the first mail out that was mailed May 30, 2012; Sean Jenkins (12), 3701 Sunrise Ranch Rd.,
Southlake, TX, Opposed To; Rick A. and Debra S. Ott (35), 516 Clariden Ranch Rd., Southlake,
TX, Opposed To; Steven and Jennifer Whipkey (1), 609 Coyote Rd., Southlake, TX, In Favor,
Courtney and Douglas Keady (13), P.O. Box 92640, Southlake, TX, Opposed To; John Eric and
Christina K. V. Weber (33), 508 Clariden Ranch Rd., Southlake, TX, Opposed To; Kenneth L.
Wilcox (9), 513 Coyote Rd., Southlake, TX, In Favor, Berten and Debra Christianson (22), 3905
Pitchfork Ln., Southlake, TX, Opposed To; Casey and Anthony Erickson (15), 301 Clariden
Ranch Rd., Southlake, TX,In Favor, G. Walter and Michelle Keaveny (45), 516 Coyote Rd.,
Southlake, TX, Opposed To; James and Deborah McNeilly (6), 525 Coyote Rd., Southlake, TX,
Opposed To; John and Anjana Bergman (50), 513 Clariden Ranch Rd., Southlake, TX, In Favor,
Sheri Ruiz (29), 404 Clariden Ranch Rd., Southlake, TX, In Favor. The next seven (7)
responses were received from both mail outs from May 30 and August 15 and one (1)
received just for the second mail out; Barkat Ali (41), 616 Clariden Ranch Rd., Southlake, TX, In
Favor for both mail outs; Davinder Singh and Sawroop Sandhu (43), 532 Coyote Rd.,
Southlake, TX, In Favor for both mail outs; Manhar and Hema Patel (39), 608 Clariden Ranch
Rd., Southlake, TX, In Favor for both mail outs; Ralph and Darci Williams (42), 540 Coyote Rd.,
Southlake, TX; Originally submitted a Notification Response Form stating Opposed To and then
submitted a Notification Response Form stating In Favor after the second mail out that included
plans showing the family quarters attached to the principal structure; Robert Griffith and Richard
Kenney (40), 612 Clariden Ranch Rd., Southlake, TX; Originally submitted a Notification
Response Form stating Opposed To and then submitted a Notification Response Form stating
In Favor after the second mail out that included plans showing the family quarters attached to
the principal structure; Terra /Clariden (21), 395 W NW Pkwy, Ste. 300, Southlake TX,
responded to the second mail out In Favor, The Clariden Ranch Architectural Control
Committee of the Clariden Ranch HOA (Bobby Harrell, Director, at 395 W NW Pkwy, Ste. 300,
Southlake TX); Originally submitted an e-mail stating Not in Favor and then submitted a
Notification Response Form stating In Favor after the second mail out that included plans
showing the family quarters attached to the principal structure; Allen Clem (44), 524 Coyote Rd.,
Southlake, TX, Opposed To both mail outs.
Chair McCaskill asked if all zoning requirements have been satisfied and Vice -Chair Lambert
inquired if all materials are satisfied by the HOA. Richard Schell verified that yes both
requirements have been met. Board Member Kubiak inquired that if the ZBA case was
approved, the new dwelling unit would only be for servants or family members and renting
would be prohibited. Richard Schell confirmed yes, that is one of the requirements. Richard
Schell also answered Board Member Andrews' question, that the SUP is required for this
structure since it is a separate dwelling unit on a lot that is zoned single family.
Michael Morral, the general contractor, 3908 Butler Court Dallas, Texas; once sworn in advised
the board that all the materials will match the existing residential structure.
A motion was made to approve ZBA -624
Motion: Andrews
Second: Lambert
Ayes: Andrews, Kubiak, Venesky, Lambert, McCaskill
Nays: None
Abstain: None
Vote: 5 -0
Zoning Board of Adjustment Meeting Minutes — August 30, 2012
Page 2 of 4
Motion: Carried
Agenda Item No. 5 — ZBA -626, Variance to Front and Rear Yard Setback: Variance to
Ordinance No. 480, Section 14.5(b), requiring a front yard setback of not less than thirty -five
(35) feet and Section 14.5(d) requiring a rear yard setback of not less than forty (40) feet to
allow a front yard setback of thirty (30) feet along Miracle Pointe Dr. and a rear yard setback of
thirty -five (35) feet to construct a principal residence on the lot. The request is being made by
the applicant, Robert Leeper, for property located at 2109 Kimball Hill Ct., being described as
Lot 13, Block 1, Kimball Hill Addition, an addition to the City of Southlake, Tarrant County,
Texas. The current zoning is SF -20A — Single Family Residential District.
Richard Schell, Planner II, reported that twenty -three (23) notices were mailed out within two
hundred (200) feet with three (3) responses having been received plus a letter from the POA,
James and Joyce Havens (13), 1601 Shalot Circle, Grand Prairie, TX, Opposed To; Chris
Prokopeas (19), 2129 Kimball Hill Ct., Southlake, TX, Opposed To; Jerry and Kathryn Orler (5),
2128 Kimball Hill Ct., Southlake, TX, In Favor, The Kimball Hills Architectural Control Committee
of the Kimball Hills POA (Jerry Orler, President, at 2128 Kimball Hill Ct., Southlake TX); In
Favor.
Chair McCaskill confirmed with Richard Schell that the property does require two front yard
setbacks due to it being a corner lot. Vice -Chair Lambert inquired how many vacant lots are left
and Dennis Killough, Deputy Director of Planning and Development, advised that all vacant lots
left are able to be built on.
Robert Leeper, 601 Zena Rucker Road #103. Southlake, Texas; once sworn in stated that he is
requesting the variance for several reasons. Mr. Leeper stated that all the lots in that
subdivision are plated equal in size except for the lot that he is asking for a variance on. This lot
has a deduction of approximately 23 %. With this reduction of buildable area and the current
setbacks, it is hard to get a residence to fit on the lot. Vice -Chair Lambert inquired of Mr.
Leeper whether he was trying to meet a minimum square footage and he stated that that there
was none, but that he was trying to build a house that was approximately 4,500 -5,000 sq. ft.
Board Member Kubiak asked if Mr. Leeper believes it to be his opinion that due to the way the
lot was platted this could have contributed to the lot sitting for seven (7) years. Mr. Leeper
agreed and he does not feel that the variance that is being proposed will interfere with any
homes in the front or back lots.
A motion was made to approve ZBA -626.
Motion: Lambert
Second: Kubiak
Ayes: Andrews, Venesky, Lambert, McCaskill, Kubiak
Nays: None
Abstain: None
Vote: 5 -0
Motion: Carried
Zoning Board of Adjustment Meeting Minutes - August 30, 2012
Page 3 of 4
Agenda Item No. 6 - Meeting Adjournment: Chair McCaskill adjourned the August 30, 2012
meeting at 7:48 p.m.
01 ------- 0
Shawn McCaskill
Chair
ATTEST: N1=1+.
iii
Misty Knaus
Board Secre ry
Zoning Board of Adjustment Meeting Minutes - August 30, 2012
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