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2013-03-28 CITY O F SOUTH LAKE TEXAS REGULAR ZONING BOARD OF ADJUSTMENT MEETING: March 28, 2013 Location: 1400 Main Street, Southlake, Texas Work Session - Executive Conference Room, Suite 268 of City Hall Regular Session -City Council Chambers WORK SESSION: Members Present: Chair Shawn McCaskill, Board Members Paul Venesky, Kourosh Panahy, Paul Lepicier, John Huffman and Scott Dyche Members Absent: Vice -Chair Phyllis Lambert and Board Member Dustin Andrews Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard Schell, Planner II, and Misty Knaust, Board Secretary Agenda Item No. 1- Call to Order: Chair McCaskill called the work session to order at 5:35 pin Agenda Item No. 2- Orientation for Zoning Board of Adjustment members: Chair McCaskill asks that each new member and staff that was present introduce themselves. Dennis Killough, Deputy Director of Planning & Development Services presented the orientation. Chair McCaskill adjourned the work session at 6:28 p.m. REGULAR SESSION: Members Present: Chair Shawn McCaskill, Board Members Paul Venesky, Kourosh Panahy, Paul Lepicier, John Huffman, Dustin Andrews and Scott Dyche Members Absent: Vice -Chair Lambert Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard Schell, Planner II, and Misty Knaust, Board Secretary Agenda Item No. 1 — Call to Order: Chair McCaskill called the meeting to order at 6:32 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 February 14, 2013. A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on February 14, 2013. Motion: Andrews Second: Venesky Ayes: Venesky, Andrews, Huffman, Panahy, Lepicier, Dyche, McCaskill Nays: None Zoning Board of Adjustment Meeting Minutes — March 28, 2013 Page 1 of 3 Abstain: None Vote: 7 -0 -0 Motion: Carried Agenda Item No. 3 — Administrative Comments: Richard Schell, Planner II, announced that the next scheduled ZBA meeting is April 25, 2013 and there is one (1) submittal for the meeting. Daniel Kubiak was recognized for his service as a member on the ZBA board and is now serving on the Planning and Zoning Commission. Agenda Item No. 4 — ZBA -633, Special Exception Use: Special Exception Use per ordinance No. 480, Section 44.12(2) to allow construction of accessory buildings or structures of a size or aggregate size greater than permitted. The request is being made by the applicant, Mike Folts, on property described as Lot 3, Block 1, The Trailhead, an addition to the City of Southlake, Tarrant County, Texas, and located at 604 Trailhead Dr., Southlake, Texas. The current zoning is "SF -20A" Single Family Residential District. Richard Schell, Planner II, reported thirty -nine (39) notices were mailed out within two hundred (200) feet with fourteen (14) responses received. Dennis and Jeanette Byer (8), 600 Trailhead Dr., Southlake, TX; Submitted a Notification Response Form and signed a letter for the applicant stating In Favor Of; Brenda Daily (13), 620 Trailhead Dr., Southlake, TX; Submitted a Notification Response Form stating In Favor Of Michael Denkeler (24), 2708 Gallant Ct., Southlake, TX; Submitted a Notification Response Form stating In Favor Of, Ronald and Sandra Dobbs (14), 624 Trailhead Dr., Southlake, TX; Submitted a Notification Response Form stating In Favor Of; Johnny and Dawn Garrett (34), 2709 Aurora Ct., Southlake, TX; Submitted a Notification Response Form stating In Favor Of; Ronald and Cindy Laster (18), 640 Trailhead Dr., Southlake, TX; Submitted a Notification Response Form stating In Favor Of Frank and Marsha McDuff (30), 2708 Aurora Ct., Southlake, TX; Submitted a Notification Response Form stating In Favor Of, Stephen and Sabrina McNair (6), 605 Warrington Ln., Southlake, TX; Submitted a Notification Response Form and signed a letter for the applicant stating In Favor Of, Keith and Sharon Petty (5), 603 Warrington Ln., Southlake, TX; Submitted a Notification Response Form and signed a letter for the applicant stating In Favor Of Doris and Robert Skay (27), 2709 Gallant Ct., Southlake, TX; Submitted a Notification Response Form stating In Favor Of ; Janice and Paul White (25), 2704 Gallant Ct., Southlake, TX; Submitted a Notification Response Form stating In Favor Of; Mike O'Day (10), 608 Trailhead Dr., Southlake, TX; signed a letter for the applicant stating In Favor Of Jim Yost (4), 601 Warrington Ln., Southlake, TX; signed a letter for the applicant stating In Favor Of Kyle and Stephanie Hansen (11), 612 Trailhead Dr.; Southlake, TX; Submitted a Notification Response Form stating In Favor of Planner Schell presented the case to the Board, stating that the Special Exception Use requested would allow construction of accessory buildings or structures of a size or aggregate size greater than permitted to construct an approximately 252 square foot cabana, which when added to the area of an approximately 484 square foot garage that exists on the property, exceeds the 600 square feet allowed by the zoning ordinance for accessory buildings by approximately 136 square feet. The applicant, Mike Folts, 604 Trailhead Drive, Southlake, Texas, once sworn in, stated that he has provided a significant amount of landscaping to provide privacy around the back of his property. He has the approval from the HOA at this time. Mr. Folts stated that he is not the Zoning Board of Adjustment Meeting Minutes — March 28, 2013 Page 2 of 3 CITY O F SOUTH LAKE TEXAS person that built the house, therefore, since it was not his design originally, there is no other place to put the cabana on the property that would make sense. Board Member Venesky asked if part B of item #1 on the findings that the Board must make in order to grant the special exception use is specifically permitted by the zoning ordinance. Planner Schell confirmed that the accessory building and use are permitted by the zoning ordinance and that the only exception is the size greater than permitted. Chair McCaskill asked City staff to clarify that the only issue is the square footage and that there are no issues with setbacks. Planner Schell stated that the particular zoning only requires a setback of 10 feet from a property line in the rear yard and that this building is way over that as far as the setback provided and it also meets the height requirement of 14 feet. Board Member Andrews stated that the request meets the requirements and that the only issue is the size and noted that no owners around the property or the HOA have any problems with the request. Chair McCaskill stated that all notifications submitted are In Favor of and Planner Schell confirmed that was correct. A motion was made to approve ZBA -633. Motion: Andrews Second: Venesky Ayes: Venesky, Andrews, Huffman, Panahy, McCaskill Nays: None Abstain: None Vote: 5 -0 -0 Motion: Carried Agenda Item No. 5 - Meeting Adiournment: Chair McCaskill adjourned the meeting at 6:55 p.m. Shawn McCaskill Chair T: isty Knau Board Sec - - Zoning Board of Adjustment Meeting Minutes - March 28, 2013 Page 3 of 3