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2014-10-16 CITY OF SOUTH LAKE TEXAS ZONING BOARD OF ADJUSTMENT MEETING: October 16, 2014 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers of Town Hall Regular Session: Members Present: Chair John Huffman, Vice- Chair Brad Cunningham, Board members Mike Smietana, Scott Dyche, Ron Evans, and Kourosh Panahy. Members Absent: Board member Eric Ransom. Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard Schell, Principal Planner and Erica Wilson, Board Secretary Agenda Item No. 1 — CaII to Order: Chair John Huffman called the meeting to order at 6:30 p.m. Agenda Item No. 2 — Approval of the Minutes: Chair John Huffman opened the discussion of the minutes of the Zoning Board of Adjustment meeting held on September 11, 2014. A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on August 28, 2014. Motion: Panahy Second: Cunningham Ayes: Evans, Dyche, Cunningham, Smietana, 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 the next ZBA meeting on October 30, 2014 has no submittals. Agenda Item No. 4 — ZBA -665, Variance to Ord. No. 480, Section 29.6(c) requiring a side yard setback of 10' on property described as Tract 11, I. G. Belcher Survey, Abstract No. 30A, City of Southlake, Denton County, Texas and located at 1074 N. Westpark Circle, Southlake, Texas. Current Zoning: MH — Manufactured Housing District. Planner Schell presented details of the case, requesting approval of a Variance to Ord. No. 480, Section 29.6(c) requiring a side yard setback of 10' to allow a carport attached to the principal residence to be located approximately 2.6' from the side property line. The carport was constructed without a building permit from the City. If the case is Zoning Board of Adjustment Meeting Minutes — October 16, 2014 Page 1 of 4 approved by the Board of Adjustment, the applicant will be required to process a building permit to allow the carport to remain. If the case is denied by the Board of Adjustment, the applicant will be required to bring the carport into compliance with the Zoning Ordinance by either reducing the size of the carport or removing it completely. This case was tabled at the September 11, 2014 meeting to the October 16, 2014 meeting. 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. Alfonso Silva, 1074 Westpark Circle W, Southlake, TX, the applicant and owner, once sworn in, presented his reasons for the request and was available to answer questions of the Board. Chair Huffman asked if there were those in the audience who wished to speak in support of the request. There being no one, Chair Huffman asked if there were those in the audience who wished to speak in opposition of the request. There being no one, Chair Huffman closed the public hearing and opened the item for discussion. After discussion from the board, Chair Huffman stated that he was prepared to entertain a motion on the item. A motion was made to deny case ZBA -665. Motion: Panahy Second: Smietana Ayes: Dyche, Cunningham, Smietana, Panahy, and Huffman Nays: None Abstain: None Vote: 5 -0 Motion: Carried Agenda Item No. 5- ZBA -666, Variance to Zoning Ordinance No. 480, Section 11.5(f) requiring a minimum lot size of forty three thousand five hundred sixty (43,560) square feet on property described as Tract 5H, Samuel Freeman Survey, Abstract No. 525, City of Southlake, Tarrant County, Texas and located at 2469 Raintree Dr., Southlake, Texas. Current Zoning: SF -1A — Single Family Residential District Planner Schell presented details of the case, requesting approval of a Variance to Ord. No. 480, Section 11.5(f) requiring a minimum lot area of forty three thousand five hundred sixty (43,560) square feet (one acre) in the "SF -1A" Single Family Residential District to allow a lot size of approximately 36,160 square feet (0.83 acres). The existing 0.83 acre tract was annexed into the City in 1968 and given the "AG" Agricultural District zoning designation. The 0.83 acre tract was given the "SF -1A" Single Family Residential District zoning designation with approval of Zoning Ordinance No. 480in 1989. Zoning Board of Adjustment Meeting Minutes — October 16, 2014 Page 2 of 4 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. Domenico Gugliuzza, 6208 Cimarron Trail, Colleyville, TX, the applicant and owner, once sworn in, presented his reasons for the request and was available to answer questions of the Board. Chair Huffman asked if there were those in the audience who wished to speak in support of the request. There being no one, Chair Huffman asked if there were those in the audience who wished to speak in opposition of the request. There being no one, Chair Huffman closed the public hearing and opened the item for discussion. After discussion from the board, Chair Huffman stated that he was prepared to entertain a motion on the item. A motion was made to approve case ZBA -666. Motion: Cunningham Second: Panahy Ayes: Dyche, Cunningham, Smietana, Panahy, and Huffman Nays: None Abstain: None Vote: 5 -0 Motion: Carried Agenda Item No. 6- ZBA -667, Variance to Ordinance No. 480, Section 13.5(b), requiring a front yard setback of 35' and Variance to Ordinance No. 480, Section 13.5(c), requiring a side yard setback of 20' on property described as Lot 1, Block 1, Harrell Place, an addition to the City of Southlake, Tarrant County, Texas and located at 3155 Johnson Rd., Southlake, Texas, The current zoning is SF -30 — Single Family Residential District. Planner Schell presented details of the case, requesting approval of a Variance to Ordinance No. 480, Section 13.5(b), requiring a front yard setback of 35' and Variance to Ordinance No. 480, Section 13.5(c), requiring a side yard setback of 20' to allow the construction of a new home on the property with a front yard setback of 15' and a side yard setback of 15' as is shown on the attached plot plan and elevations. The front building lines on the Harrell Place plat and on the plot plan are shown at 40'. The SF -30 zoning district regulations require front setbacks of 35'. The property owner previously requested the same variances to the front and side setbacks as in this request and those variances were approved (5 -0) at the June 27, 2013 Zoning Board of Adjustment meeting. A building permit was not issued within a period of one year from the date of approval, so that approval has expired. 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. Zoning Board of Adjustment Meeting Minutes — October 16, 2014 Page 3 of 4 Jake Squyres, 10704 Ambling Trail, Fort Worth, TX a representative of the applicant, once sworn in, presented his reasons for the request and was available to answer questions of the Board. Chair Huffman asked if there were those in the audience who wished to speak in support of the request. There being no one, Chair Huffman asked if there were those in the audience who wished to speak in opposition of the request. There being no one, Chair Huffman closed the public hearing and opened the item for discussion. After discussion from the board, Chair Huffman stated that he was prepared to entertain a motion on the item. A motion was made to approve case ZBA -667. Motion: Dyche Second: Smietana Ayes: Dyche, Cunningham, Smietana, and Huffman Nays: Panahy Abstain: None Vote: 4 -1 Motion: Carried Agenda Item No. 7 - Meeting Adjournment: Chair Huffman adjourned the meeting at 7:31 p.m. * An audio recording of this meeting will be permanently retained in the City Secretary's Office. ohn uffm - ATT T: Erica Wilson Board Secretary Zoning Board of Adjustment Meeting Minutes — October 16, 2014 Page 4 of 4