2013-05-16 LO CITY OF
SOUTHLAKE
TEXAS
REGULAR ZONING BOARD OF ADJUSTMENT MEETING: May 16, 2013
Regular Session:
Location: Town Hall Council Chambers
1400 Main Street, Southlake, Texas
Members Present: Chair Shawn McCaskill, Board members John Huffman, Kourosh Panahy,
Paul Lepicier and Scott Dyche
Members Absent: Vice -Chair Phyllis Lambert, Board members Dustin Andrews and Paul
Venesky
Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard
Schell, Planner II, Bryn Meredith, City Attorney and Misty Knaust, Board Secretary
Agenda Item No. 1 — Call to Order: Chair McCaskill called the meeting to order at 6:36 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 April 25, 2013.
A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
April 25, 2013.
Motion: Panahy
Second: Lepicier
Ayes: Dyche, Panahy, Lepicier, McCaskill
Nays: None
Abstain: None
Vote: 4 -0 -0
Motion: Carried
Agenda Item No. 3 — Administrative Comments: Richard Schell, Planner II, announced that
the next scheduled ZBA meeting is May 30, 2013 and at this time there are no submittals for the
meeting unless items are tabled from tonight's meeting. The meeting on June 1 3 th currently has
two submittals for that meeting.
Agenda Item No. 4 — ZBA -637, Variance to Ordinance: Variance to Ordinance No. 480,
Section 30.5, requiring a front yard setback of 40'. The request is being made by the applicant,
Kristie and Wesley Millican, for property described as Lot 8, Block 2, Coventry Manor, Phase 1,
an addition to the City of Southlake, Tarrant County, Texas and located at 914 Turnberry Ln.,
Southlake, Texas. The current zoning is R -PUD — Residential Planned Unit Development
District.
Planner Schell presented the case to the Board, stating that the variance requested would allow
a front porch expansion to be located 36 feet from the front property line. Planner Schell was
available to answer questions of the Board.
Zoning Boani of Adjustment Meeting Minutes - May 16, 2013
Page 1 of 4
Chair McCaskill opened the public hearing and called upon the applicant or the
applicant's representative to make such comments and present evidence as the
applicant should desire.
The applicant, Wesley Millican, 940 Turnberry Lane, Southlake, Texas, once sworn in, was
available to answer questions from the Board.
Board Member, John Huffman arrived at 6:45 p.m.
Once the applicant completed his presentation, Chair McCaskill asked if there were those in the
audience who wished to speak in favor of the request.
There being no one, Chair McCaskill asked if there were those in the audience who wished to
speak in opposition to the request.
There being no one, Chair McCaskill called on the applicant for a brief rebuttal.
The applicant declined a rebuttal.
Chair McCaskill closed the public hearing.
A motion was made to approve ZBA -637.
Motion: Dyche
Second: Panahy
Ayes: Huffman, Dyche, Panahy, Lepicier, McCaskill
Nays: None
Abstain: None
Vote: 5 -0 -0
Motion: Carried
Agenda Item No. 5 — ZBA -638, Special Exception Use: Ordinance No. 480, Section 44.12(2)
for construction of accessory buildings or structures of a size or aggregate size greater than
permitted, Variance to Ordinance No. 480, Section 11.5.j.1,iii.2, requiring the height of
accessory structures to not exceed 20 feet in height, Variance to Ordinance No. 480, Section
11.5.j.1,iii.4.d, requiring the roof design, pitch and material on accessory structures that use
masonry to be the same type as the principal structure on property described as Lot 1R1, R.P.
Estes Subdivision, an addition to the City of Southlake, Tarrant County, Texas and located at
940 W. Dove Rd., Southlake, Texas, The current zoning is SF -1A — Single Family Residential
District
Chair McCaskill announced that the Zoning Board of Adjustment would be going into Executive
Session pursuant to Section 551.071 to the seek the advice of the City Attorney regarding Item
No. 5, Case No. ZBA -638. The Board adjourned for Executive Session at 6:52 p.m. Executive
Session began at 6:54 p.m. and ended at 7:14 p.m.
Chairman McCaskill reconvened the meeting at 7:15 p.m.
Zoning Board of Adjustment Meeting Minutes — May 16, 2013
Page 2 of 4
Planner Schell presented the case to the Board, stating there are three requests bundled
together in this case. The first is a Special Exception Use for an accessory structure to be
permitted greater than 4,000 sq. ft. of the sum total of all accessory buildings. The applicant is
proposing an accessory building of approximately 5,949 sq. ft. The second request is a variance
to the height of the accessory structure to not exceed 20 ft. in average height. The applicant is
requesting a height of 23.5 ft. The third request is a variance to the roof design pitch and
material on accessory structures that use masonry to be the same type as the principal
structure. The applicant is requesting a standing seam type roof on the accessory building and
the principal structure will have a tile roof. The pitch and design match the principal structure in
this case so the material will just be in the variance. The accessory building that is proposed is
an enclosed basketball court. Planner Schell was available to answer question from the Board.
Chair McCaskill opened the public hearing and called upon the applicant or the
applicant's representative to make such comments and present evidence as the
applicant should desire.
General Contractor Michael Kindred, 5810 Windmier Lane Dallas, Texas, once swom in, was
available to answer questions of the Board.
Once the applicant completed his presentation, Chair McCaskill asked if there were those in the
audience who wished to speak in favor of the request.
There being no one, Chair McCaskill asked if there were those in the audience who wished to
speak in opposition to the request.
Mrs. Siri Smith, 7 Century Court, Trophy Club, once sworn in, spoke in opposition.
Mr. Kindred, still under oath, gave a brief rebuttal and was available to answer questions of the
Board.
Chairman McCaskill closed the public hearing.
Mrs. Siri Smith wished to speak again.
City Attorney Bryn Meredith advised Chair McCaskill that is in not necessary to reopen the
public hearing in order for the Board to entertain comments from the public.
Mrs. Smith asked for additional information and clarification.
Mr. Kindred gave another brief rebuttal.
The items were voted on separately.
A motion was made to approve the Special Exception Use for construction of accessory
buildings or structures of a size or aggregate size greater than permitted (Item #1) for ZBA -638.
Motion: Dyke
Second: Huffman
Ayes: Huffman, Dyke
Nays: Panahy, Lepicier, McCaskill
Abstain: None
Zoning Board of Adjustment Meeting Minutes - May 16, 2013
Page 3 of 4
Vote: 2 -3 -0
Motion: Failed and was therefore denied
A motion was made to deny the Variance requiring the height of accessory structures to not
exceed 20 feet in height (Item #2) for ZBA -638.
Motion: Dyke
Second: Panahy
Ayes: Dyke, Panahy, Lepicier, McCaskill
Nays: Huffman
Abstain: None
Vote: 4 -1 -0
Motion: Carried
A motion was made to deny the Variance requiring the roof design, pitch and material on
accessory structures that use masonry to be the same type as the principal structure. (Item #3)
for ZBA -638.
Motion: Panahy
Second: Lepicier
Ayes: Huffman, Dyke, Panahy, Lepicier, McCaskill
Nays: None
Abstain: None
Vote: 5 -0 -0
Motion: Carried
Agenda Item No. 7 - Meeting Adjournment: Chair McCaskill adjourned the meeting at
8:33p.m.
* An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
C
Shawn McCaskill
Chair
ATTEST:
I Of
Misty K st
Board Secretary
Zoning Board of Adjustment Meeting Minutes — May 16, 2013
Page 4 of 4