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2013-12-12 ZBA meetingCITY OF SOUTH LAKE TEXAS REGULAR ZONING BOARD OF ADJUSTMENT MEETING DECEMBER 12 2013 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers of Town Hall TIME: 6:30 p.m. EXECUTIVE SESSION: If a need arises to seek the advice from the City Attorney as to the posted subject matter of this Zoning Board of Adjustment meeting, the issues or matters will be discussed in executive session. 1. Pursuant to Section 551.071, Texas Government Code, the Board may meet in executive session to consult with the City Attorney regarding matters authorized by Section 551.071, including matters posted on this agenda. 2. Reconvene: Action necessary on items discussed in executive session. REGULAR SESSION: 1. Call to Order. 2. Approval of the minutes of the November 14, 2013 Special Zoning Board of Adjustment meeting. 3. Administrative Comments, REGULAR AGENDA: 4. Consider: ZBA-639, Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard setback of 20' and a Variance to Ordinance No. 480, Section 11.5(d), requiring a rear yard setback of 40' on property described as Lot 15, Block 1, Loch Meadow Estates, an addition to the City of Southlake, Tarrant County, Texas and located at 3056 Loch Meadow Ct., Southlake, Texas. Current Zoning: "SF -1A" — Single Family Residential District. This item was tabled at the November 14, 2093 Regular Zoning Board of Adjustment Meeting. 'PUBLIC HEARING 5. Consider: ZBA-650, Variance to Ordinance No, 480, Section 33.14, requiring a minimum lot size of one acre for the use of an on-site sewage facility (OSSF). The request is being made by the applicant, Brian Moser, for property described as Tract 1 B4L, Harrison Decker Survey, Abstract No. 438, City of Southlake, Tarrant County, Texas and located at 1235 Woodsey Ct., Southlake, Texas. Current Zoning: "MH" — Manufactured Housing District. This item was tabled at the November 14, 2093 Regular Zoning Board of Adjustment Meeting. 'PUBLIC HEARING 6. Consider: ZBA-648, Variance to Ordinance No. 480, Section 34.2(f), requiring that no Zoning Board of Adjustments December 12, 2013 Page 2 of 2 accessory building be located forward of the principal building on the lot on property described as Lot 2131, Block 1, Burnett Acres Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1285 Shady Oaks Dr., Southlake, Texas. Current Zoning: "SF -1A" — Single Family Residential District. PUBLIC HEARING 7. Consider: ZBA-652, Variance to Ord. No. 480, Section 11.5(d) requiring a rear yard setback of 40' and Variance Section 11.50)1.(iii)3(b) requiring that all metal accessory buildings be painted with a factory applied non-metallic matte finish on property described as Lot 6, Block 1, Huse Homeplace, an addition to the City of Southlake, Tarrant County, Texas and located at 880 Harbor Ct., Southlake, Texas. Current Zoning: "SF -1A" — Single Family Residential District. PUBLIC HEARING 8. Consider: Meeting Adjourned. A quorum of the City Council may be present at this meeting. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, December 6, 2013 by 6:00 p.m. pursuant to Chapter 551 of the Texas Government Code. Traci Riggs, TRM Deputy City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at (817) 748-8016, and reasonable accommodations will be made to assist you. CITY OF SOUTH LAKE TEXAS REGULAR ZONING BOARD OF ADJUSTMENT MEETING DECEMBER 12 2013 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers of Town Hall TIME: 6:30 p.m. EXECUTIVE SESSION: If a need arises to seek the advice from the City Attorney as to the posted subject matter of this Zoning Board of Adjustment meeting, the issues or matters will be discussed in executive session. 1. Pursuant to Section 551.071, Texas Government Code, the Board may meet in executive session to consult with the City Attorney regarding matters authorized by Section 551.071, including matters posted on this agenda. 2. Reconvene: Action necessary on items discussed in executive session. REGULAR SESSION: 1. Call to Order. 2. Approval of the minutes of the November 14, 2013 Special Zoning Board of Adjustment meeting. 3. Administrative Comments, REGULAR AGENDA: 4. Consider: ZBA-639, Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard setback of 20' and a Variance to Ordinance No. 480, Section 11.5(d), requiring a rear yard setback of 40' on property described as Lot 15, Block 1, Loch Meadow Estates, an addition to the City of Southlake, Tarrant County, Texas and located at 3056 Loch Meadow Ct., Southlake, Texas. Current Zoning: "SF -1A" — Single Family Residential District. This item was tabled at the November 14, 2093 Regular Zoning Board of Adjustment Meeting. 'PUBLIC HEARING 5. Consider: ZBA-650, Variance to Ordinance No, 480, Section 33.14, requiring a minimum lot size of one acre for the use of an on-site sewage facility (OSSF). The request is being made by the applicant, Brian Moser, for property described as Tract 1 B4L, Harrison Decker Survey, Abstract No. 438, City of Southlake, Tarrant County, Texas and located at 1235 Woodsey Ct., Southlake, Texas. Current Zoning: "MH" — Manufactured Housing District. This item was tabled at the November 14, 2093 Regular Zoning Board of Adjustment Meeting. 'PUBLIC HEARING 6. Consider: ZBA-648, Variance to Ordinance No. 480, Section 34.2(f), requiring that no Zoning Board of Adjustments December 12, 2013 Page 2 of 2 accessory building be located forward of the principal building on the lot on property described as Lot 2131, Block 1, Burnett Acres Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1285 Shady Oaks Dr., Southlake, Texas. Current Zoning: "SF -1A" — Single Family Residential District. PUBLIC HEARING 7. Consider: ZBA-652, Variance to Ord. No. 480, Section 11.5(d) requiring a rear yard setback of 40' and Variance Section 11.50)1.(iii)3(b) requiring that all metal accessory buildings be painted with a factory applied non-metallic matte finish on property described as Lot 6, Block 1, Huse Homeplace, an addition to the City of Southlake, Tarrant County, Texas and located at 880 Harbor Ct., Southlake, Texas. Current Zoning: "SF -1A" — Single Family Residential District. PUBLIC HEARING 8. Consider: Meeting Adjourned. A quorum of the City Council may be present at this meeting. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, December 6, 2013 by 6:00 p.m. pursuant to Chapter 551 of the Texas Government Code. Traci Riggs, TRM Deputy City Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at (817) 748-8016, and reasonable accommodations will be made to assist you. Lil CITY OF SOUTHLAKE TEXAS ZONING BOARD OF ADJUSTMENT MEETING: December 12, 2013 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers of Town Hall Regular Session: Members Present: Vice -Chair John Huffman, Board members Ron Evans, Paul Lepicier, Bradford Cunningham, Scott Dyche and Kourosh Panahy Members Absent: Chair Paul Venesky and Board members Eric Ransom and Mike Smietana Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard Schell, Principal Planner and Stacey Buller, Board Secretary Agenda Item No. 1 — Call to Order: Vice -Chair John Huffman called the meeting to order at 6:31 p.m. Agenda Item No. 2 — Approval of the Minutes: Vice -Chair Huffman opened the discussion of the minutes of the Zoning Board of Adjustment meeting held on November 14, 2013. A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on November 14, 2013. Motion: Panahy Second: Dyche Ayes: Cunningham, Lepicier, Evans, Dyche, Panahy, and Huffman Nays: None Abstain: None Vote: 6 -0 -0 Motion: Carried Agenda Item No. 3 — Administrative Comments: Richard Schell, Principal Planner, announced that there is (1) one submittal for the next regularly scheduled ZBA meeting on January 16, 2013. Planner Schell requested that the Board members note the meeting date on their calendars. Agenda Item No. 4 — ZBA -639, Variance to Ordinance No. 480, Section 11.5(d), requiring a rear yard setback of 40'. The request is being made by the applicant, Doug and Kristin Jones, for property described as Lot 15, Block 1, Loch Meadow Estates, an addition to the City of Southlake, Tarrant County, Texas and located at 3056 Loch Meadow Ct., Southlake, Texas. The current zoning is SF -1A — Single Family Residential District. Planner Schell presented details of the case to the Board, explaining the request for approval of the a Variance to Ordinance No. 480, Section 11.5(d), requiring a rear yard setback of 40' to Zoning Boani of Adjustment Meeting Minutes — December 12, 2013 Page 1 of 6 allow a batting cage /storage building to be constructed approximately ten (10) feet from the rear property line. The originally submitted request was for a Variance to the rear and side yard setbacks to allow the batting cage to be located approximately eleven (11) feet from each property line. To address concerns of a neighbor, the plan has been revised to show the batting cage approximately ten (10) feet from the rear property line and twenty (20) feet from the side property line. The Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard setback of 20' is no longer required. The batting cage structure has also been changed from a covered structure to a two -level enclosed building with storage area. Planner Schell was then available to answer questions of the Board. Once Planner Schell answered the Board's questions, the staff presentation was complete. Vice -Chair Huffman 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. Kristen Jones, 3056 Loch Meadow Ct., Southlake, TX, the applicant and owner of the property, and John Emmons, 6575 Ridgecrest, Argyle, TX, the builder, once sworn in, presented testimony and were available to answer questions of the Board. Once the applicant completed her presentation, Vice -Chair Huffman asked if there were those in the audience who wished to speak in favor of the request. There being no one, Vice -Chair Huffman asked if there were those in the audience who wished to speak in opposition of the request. There being no one, Vice -Chair Huffman closed the public hearing and opened the item for discussion. A motion was made to approve case ZBA -639 with the stipulation that landscape screening be provided to screen the proposed building from the property to the north addressed as 455 Southlake Park Rd. East. Motion: Dyche Second: Evans Ayes: Cunningham, Evans, Dyche, Panahy, and Huffman Nays: None Abstain: None Vote: 5 -0 -0 Motion: Carried Agenda Item No. 5- ZBA -650, Variance to Ordinance No. 480, Section 33.14, requiring a minimum lot size of one acre for the use of an on -site sewage facility (OSSF). The request is being made by the applicant, Brian Moser, on behalf of Kamil and Weronika Worobiec, for property described as Tract 1 B4L, Harrison Decker Survey, Abstract No. 438, City of Southlake, Tarrant County, Texas. The current zoning is MH — Manufactured Housing District Planner Schell presented details of the case to the Board, explaining the request is for approval of a Variance to Ordinance No. 480, Section 33.14, requiring a minimum lot size of one acre for the use of an on -site sewage facility (OSSF) to allow an OSSF on an approximately 0.45 acre lot. The nearest City sewer is approximately 240 feet to the north on Woodsey Ct. The sewer Zoning Board of Adjustment Meeting Minutes — December 12, 2013 Page 2 of 6 line cannot be extended any farther down Woodsey Ct. due to the change in grade. The elevation of the home site is approximately 610 feet above sea level and the end of the existing sewer line is approximately 620 feet above sea level. A 12" trunk line runs north and south to the west. To connect an 8" sewer line from Woodsey Ct. to the trunk line, a 15' utility easement would have to be dedicated across properties to the south and /or west of Woodsey Ct. Planner Schell was then available to answer questions of the Board. Once Planner Schell answered the Board's questions, the staff presentation was complete. Vice -Chair Huffman 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. Dustin Austin, 700 W. Harwood Rd., Hurst, TX, the applicant and representative of the builder, Our Country Homes, and Kenneth Fillpot, 651 Oaks Valley, Weatherford, TX, State Licensed Site Evaluator, Soil Tester and Installer of septic systems, once sworn in, presented testimony and were available to answer questions of the Board. Vice -Chair Huffman announced that the Board would go into Executive Session and stated that pursuant to Section 551.071, Texas Govemment Code, the Board may meet in executive session to consult with the City Attorney regarding matters authorized by Section 551.071, including matters posted on this agenda. Vice -Chair Huffman announced that the Board would proceed into Executive Session at 7:37pm. Vice -Chair Huffman reconvened the meeting at 7:42pm with the public hearing still being open. Vice -Chair Huffman asked if there were those in the audience who wished to speak in favor of the request. There being none, Vice -Chair Huffman asked if there were those in the audience who wished to speak in opposition to the request. Aida Penedo, 1232 Timberline Ct., Southlake, TX, neighboring homeowner, once sworn in, expressed concern about the impact of the irrigation. Once the speaker in opposition completed her statements, Vice -Chair Huffman invited the applicant to provide a rebuttal. The applicant, Dustin Austin, provided a rebuttal and then the property owner approached the podium to provide additional comments. Kamil Worobiec, 504 Calvary Dr., Euless, owner, once sworn in, provided additional comments in support of the request. Vice -Chair Huffman closed the public hearing and opened the item for discussion. A motion was made to approve case ZBA -650. Motion: Dyche Second: Evans Ayes: Cunningham, Evans, Dyche, Panahy and Huffman Nays: None Zoning Board of Adjustment Meeting Minutes — December 12, 2013 Page 3 of 6 Abstain: None Vote: 5 -0 -0 Motion: Carried Agenda Item No. 6- ZBA -648, Variance to Ordinance No. 480, Section 34.2(f), requiring that no accessory building be located forward of the principal building on the lot on property. The request is being made by the applicant, Les Grabowski, for property described as Lot 2B1, Block 1, Burnett Acres Addition, an addition to the City of Southlake, Tarrant County, Texas. The current zoning is SF -1A — Single Family Residential District Planner Schell presented details of the case to the Board, explaining that the request is for approval of a Variance to Ordinance No. 480, Section 34.2(0, requiring no accessory building be located forward of the principal building on the lot to allow a proposed approximately 196 square foot pool cabana and an existing approximately 1,800 square foot barn to be located forward of a proposed principal residence. Once Planner Schell answered the Board's questions, the staff presentation was complete. Vice -Chair Huffman 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. Les Grabowski, 1285 Shady Oaks, Southlake, TX, the applicant and owner, once sworn in, presented testimony and was available to answer questions of the Board. Once the applicant completed his presentation, Vice -Chair Huffman asked if there were those in the audience who wished to speak in favor of the request. There being no one, Vice -Chair Huffman asked if there were those in the audience who wished to speak in opposition of the request. Larry and Paula Marshall, 1300 Shay Oaks, Southlake, TX, once sworn in, spoke in opposition of the request. Ann Bedford, 1331 Shady Oaks, Southlake, TX, once sworn in, spoke in opposition of the request. Vice -Chair Huffman closed the public hearing and opened the item for discussion. A motion was made to deny case ZBA -650. Motion: Panahy Second: Cunningham Ayes: Cunningham, Evans, Dyche, Panahy and Huffman Nays: None Abstain: None Vote: 5 -0 -0 Motion: Carried Zoning Board of Adjustment Meeting Minutes — December 12, 2013 Page 4 of 6 Agenda Item No. 7- ZBA -652, Variance to Ordinance No. 480, Section 11.5(d), requiring a rear yard setback of 40' and Variance Section 11.5(j)1. (iii)3(b) requiring that all metal accessory buildings be paitned with a factory applied non - metallic matte finish. The request is being made by the applicant, Bill Adams, for property described as Lot 6, Block 1, Huse Homeplace, an addition to the City of Southlake, Tarrant County, Texas and located at 880 Harbor Ct., Southlake, Tarrant County, Texas. The current zoning is SF -1A — Single Family Residential District Planner Schell presented details of the case to the Board, explaining that the request is for approval of a Variance to Ordinance No. 480, Section 11.5(d), requiring a rear yard setback of forty (40) feet to allow an approximately 873 square foot detached garage to be located approximately thirty -four (34) feet from the rear property line and a Variance to Section 11.5(j)1.(iii)3(b) requiring that all metal accessory buildings be painted with a factory applied non - metallic matte finish to allow the garage to have a factory applied zinc -based matte finish with a warm gray color. Planner Schell was then available to answer questions of the Board. Once Planner Schell answered the Board's questions, the staff presentation was complete. Vice -Chair Huffman 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. Bill Adams, 880 Harbor Ct., Southlake, TX, the applicant and owner; Jason Smith, 8651 Datonia Ave, Dallas, TX, designer; Samuel Capps, 6809 Del Norte Ln., Dallas, TX, designer, once sworn in, presented testimony and were available to answer questions of the Board. Once the applicant completed his presentation, Vice -Chair Huffman asked if there were those in the audience who wished to speak in favor of the request. There being no one, Vice -Chair Huffman asked if there were those in the audience who wished to speak in opposition of the request. There being no one, Vice -Chair Huffman closed the public hearing and opened the item for discussion. A motion was made to approve case ZBA -652. Motion: Panahy Second: Dyche Ayes: Cunningham, Evans, Dyche, Panahy and Huffman Nays: None Abstain: None Vote: 5 -0 -0 Motion: Carried Agenda Item No. 8 - Meeting Adiournment: Vice -Chair Huffman adjourned the meeting at 8:46p.m. Zoning Board of Adjustment Meeting Minutes — December 12, 2013 Page 5 of 6 * An audio recording of this meeting will be permanently retained in the City Secretary's Office. A \ J •I' ffm i Vi hair ATTEST: Stacey Buller Board Secretary Zoning Boani of Adjustment Meeting Minutes — December 12, 2013 Page 6 of 6