2013-04-25 CITY OF
SOUTHLAKE
TEXAS
REGULAR ZONING BOARD OF ADJUSTMENT MEETING: April 25, 2013
Location: Town Hall Council Chambers
1400 Main Street, Southlake, Texas
Members Present: Chair Shawn McCaskill, Board members Paul Venesky, John Huffman,
Kourosh Panahy and Paul Lepicier
Members Absent: Vice -Chair Phyllis Lambert, Board members Dustin Andrews and Scott
Dyche
Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard
Schell, Planner II, and Stacey Buller, Board Secretary
Agenda Item No. 1 — Call to Order: Chair McCaskill called the meeting to order at 6:30 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 March 28, 2013.
A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
March 28, 2013.
Motion: Huffman
Second: Lepicier
Ayes: Venesky, Huffman, Panahy, Lepicier, McCaskill
Nays: None
Abstain: None
Vote: 5 -0 -0
Motion: Carried
Agenda Item No. 3 — Administrative Comments: Richard Schell, Planner II, announced that
the next scheduled ZBA meeting is May 16, 2013 and there is one (1) submittal for the meeting.
Agenda Item No. 4 — ZBA -634, Variance to Ordinance: Variance to Ordinance per No. 480,
Section 11.5(c) requiring a minimum side yard setback of twenty (20) feet. The request is
being made by the applicant, Ron and Christy Brooks, on property described as Lot 7, Block
A, Quail Creek Estates, an addition to the City of Southlake, Tarrant County, Texas and
located at 2703 N. Quail Run Ct., Southlake, Texas. The current zoning is "SF -1A" Single
Family Residential District.
Richard Schell, Planner II, reported fifty -three (53) notices were mailed out within two hundred
(200) feet with eight (8) responses received. Michael Bonacci (45), 1015 Quail Run Rd.,
Southlake, TX; Submitted a Notification Response Form stating In Favor Of, Denise and Jerry
Burkhart (10), 2705 N. Quail Run Ct., Southlake, TX; Submitted a Notification Response Form
stating In Favor Of Dennis and Sandi Nietenhoefer (30), 1103 Quail Run Rd., Southlake, TX;
Submitted a Notification Response Form stating In Favor Of, J. Scott and Gina G. Park (15),
1004 Quail Run Rd., Southlake, TX; Submitted a Notification Response Form stating In Favor
Zoning Board of Adjustment Meeting Minutes — April 25, 2013
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Of, Clayton Reed (16), 1006 Quail Run Rd., Southlake, TX; Submitted a Notification Response
Form stating In Favor Of, Guy and Susanna Griffin (4), 2704 N. Carroll Ave., Southlake, TX;
Submitted a Notification Response Form stating In Favor Of, Gary Davidson (49), 1020 Quail
Run Rd., Southlake, TX; Submitted a Notification Response Form stating In Favor Of, Wendell
and Terri Burton (48), 1021 Quail Run Rd., Southlake, TX; Submitted a Notification Response
Form stating In Favor Of.
Planner Schell presented the case to the Board, stating the variance requested would allow
construction of an approximately 980 square foot garage attached to the principal structure to
be located approximately ten (10) feet from the side property line.
Chair McCaskill asked if there were responses from the two properties to the south.
Planner Schell stated that no responses were received from those properties.
Board member Panahy asked if the properties were occupied.
Planner Schell stated that he did have that information.
Board member Panahy asked the nature of the existing building located behind the proposed
building.
Planner Schell stated that he did not know and that he would let the applicant answer that when
he came up.
The applicant, Ron Brooks, 2703 N. Quail Run Ct., Southlake, Texas, once sworn in, answered
the two previous questions, stating that all the homes around him were occupied and that he did
speak to the neighbors, including the one directly adjacent to the proposed garage.
Board member Panahy questioned the nature of the existing accessory building on the property.
Mr. Brooks stated the building is a workshop /storage /play area. He also stated there is no way
to fit the proposed garage in the 20' setback without tearing down the existing building and that
he didn't want to tear the building down. Mr. Brooks went on to state that the irregular shape of
the lot and location of the existing building will not allow for the garage addition to look good and
to improve the look of the existing structure. He is requesting a variance to build an attached
garage 10 feet off the right (south) side of the lot.
Board member Panahy asked the applicant if he had looked into moving the third bay closest to
the property line further back, thus reducing the encroachment.
Mr. Brooks stated they he looked into that and he thought that the look of that would look
awkward from the street.
Board member Huffman verified that the applicant had spoken with the neighbor to the south
and the applicant stated that he did speak with the neighbor and that he was fine with it.
Board member Venesky asked the applicant if he had seen or asked for an artist rendition from
the street.
Zoning Board of Adjustment Meeting Minutes — April 25, 2013
Page 2 of 5
Mr. Brooks stated that he had not, but that the angle of the house minimizes the view of the
proposed garage from the street.
Board member Panahy questioned whether there were any utilities in the utility easement.
The applicant stated that there was a pole next to the basketball goal and that the City would
run the overhead line down through a PVC pipe and across so that no utilities would need to be
moved.
Board member Venesky City staff is there is a safety concern about having access to the back
of the property.
Planner Schell stated that the only issue would be access for fire personnel to lay a hose.
Mr. Brooks explained that he intends to install a 10 foot gate to ensure accessibility.
A motion was made to approve ZBA -634.
Motion: Panahy
Second: Lepicier
Ayes: Venesky, Lepicier, Huffman, Panahy, McCaskill
Nays: None
Abstain: None
Vote: 5 -0 -0
Motion: Carried
Agenda Item No. 5 — ZBA -635, Variance to Ordinance: Variance to Ordinance per No. 480,
Section 9.5(c) requiring a side yard setback of twenty -five (25) feet and Section 9.5(e),
limiting lot coverage to a maximum of ten (10) percent of the lot area. The request is being
made by the applicant, Philip and Ann Wise, on property described as Tract 2A1, being a
portion of Lot 2, R.P. Estes Subdivision, Quail Creek Estates, Southlake, Tarrant County,
Texas and located at 982 W. Dove Rd., Southlake, Texas. The current zoning is "AG" —
Agricultural District.
Richard Schell, Planner II, reported thirty -three (33) notices were mailed out within two hundred
(200) feet with three (3) responses received. Mesha O'Neal (2), 940 W. Dove Rd., Southlake,
TX; Submitted an Email stating In Favor Of; David Smith (10), 7 Century Ct., Roanoke, TX;
Submitted a Notification Response Form stating In Favor Of, James Anderson Crawford (7),
2320 Crawford Ct., Southlake, TX; Submitted a Notification Response Form stating In Favor Of.
Planner Schell presented the case to the Board, stating the variance requested to allow
construction of an addition to the existing principal structure to be located approximately twenty
(20) feet from the side property line with a total lot coverage, including the existing garage, of
approximately 11.8 %.
The applicant, Philip Wise, 982 W. Dove Rd., Southlake, Texas, once sworn in, explained that
the existing house is seventy -five years old and that it is the last remaining stone house in
Southlake. Mr. Wise stated that he intends to add on to the existing house while preserving the
stone exterior. The variance is requested because the location of the existing house limits the
Zoning Board of Adjustment Meeting Minutes — April 25, 2013
Page 3 of 5
area to the east where the expansion is proposed. He also stated that the surrounding
neighbors, including the O'Neal's directly to the east, are in support.
Board member Lepicier asked if the building in back was just a garage.
The applicant stated that in addition to a garage ,the building would also be used for storage
and as a work space.
Board member Panahy asked the applicant to clarify how the request is not due to the
applicant's own actions.
Mr. Wise stated that he looked at several sets of plans and that the proposed plan is the
minimum size needed to maintain livability and that it also protects surrounding trees.
Board member Huffman asked staff if the 10% lot coverage is a function of the zoning.
Planner Schell stated that the yes, the 10% lot coverage is the maximum allowed in the
Agricultural zoning district.
Board member Huffman asked what the maximum lot overage in residential districts is and if it
is more than that.
Planner Schell confirmed that the SF -1A zoning district allows a maximum lot coverage of 20%
and that the applicant would not need a variance under that zoning district since the applicant is
requesting a lot coverage of 11.8 %.
Board member Venesky ask if the applicant was able to acquire any drawing that would not
require a variance. The applicant confirms he could not.
A motion was made to approve ZBA -635.
Motion: Venesky
Second: Huffman
Ayes: Venesky, Lepicier, Huffman, Panahy, McCaskill
Nays: None
Abstain: None
Vote: 5 -0 -0
Motion: Carried
Agenda Item No. 6 — ZBA -636, Waiver of Front Yard Setback Due to Construction Error:
Waiver of Mandatory Yard and Setback Requirements Due to a Construction Error per
Zoning Ordinance No. 480, Section 44.11, as amended, to allow the principal residence to
encroach approximately four (4) feet into the required thirty (30) foot front yard setback on
property. The request is being made by Kerri Rushing, on behalf of Weichert Relocation
Resources, and described as Lot 39R, Block 2, Monticello Phase III, an addition to the City
of Southlake, Texas. The current zoning is R -PUD — Residential Planned Unit Development.
Zoning Board of Adjustment Meeting Minutes — April 25, 2013
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Richard Schell, Planner II, reported twenty -seven (27) notices were mailed out within two
hundred (200) feet with one (1) response was received. Jerry and Charlotte Fain (13), 1208
Wyndham Hill Ln., Southlake, TX; Submitted a Notification Response Form stating In Favor Of.
Planner Schell presented the case to the Board, stating the applicant is requesting approval of a
Waiver of Mandatory Yard and Setback Requirements Due to a Construction Error to allow the
principal residence to encroach approximately four (4) feet into the required thirty (30) foot front
yard setback. The Zoning Board of Adjustment may approve a waiver of up to fifteen (15)
percent of any required yard area or setback when such a waiver is necessary due to a
surveying or construction error in the placement of the original foundation or site improvement.
The home was built across the thirty (30) foot building line when it was constructed in 1996. The
plot plan that was submitted with the building permit application showed the front of the building
line at twenty -five (25) feet. The property was replatted to move the front building line from thirty
—five (35) feet to thirty (30) feet, which is the front setback required in the Residential Planned
Unit Development regulations, but that was after a building permit had been issued for the plot
plan showing the twenty -five (25) foot setback. The building plans were never revised to show
thirty (30) foot setback.
On behalf of Weichert Relocation Resources, Kerri Rushing, once sworn in, explained the
waiver is needed due to a construction error encroaching four (4) feet into the building line
at the front of the structure. The request is being made to allow the sale of the home.
A motion was made to approve ZBA -636.
Motion: Lepicier
Second: Panahy
Ayes: Venesky, Lepicier, Huffman, Panahy, McCaskill
Nays: None
Abstain: None
Vote: 5 -0 -0
Agenda Item No. 7 - Meeting Adjournment: Chair McCaskill adjourned the meeting at
7:18p.m.
Shawn McCaskill
Chair
ATTEST:
tacey Buller
Board Secretary
Zoning Board of Adjustment Meeting Minutes — April 25, 2013
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