2014-12-11 SO CITY O F UTHLAKE
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ZONING BOARD OF ADJUSTMENT MEETING: December 11, 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, Eric Ransom, and Scott Dyche.
Members Absent: Board members Kourosh Panahy and Ron Evans.
Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard
Schell, Principal Planner and Erica Wilson, Board Secretary
Agenda Item No. 1 — Call to Order: Chair John Huffman called the meeting to order at 6:31
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 November 13, 2014.
A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
November 13, 2014.
Motion: Cunningham
Second: Ransom
Ayes: Ransom, Dyche, Cunningham, Smietana, and Huffman.
Nays: None
Abstain: None
Vote: 5 -0 -0
Motion: Carried
Agenda Item No. 3 — Administrative Comments: Richard Schell, Principal Planner,
announced that the next ZBA meeting will be held on January 15, 2015.
Agenda Item No. 4 — ZBA -671, Variance to Ordinance No. 480, Section 11.5(d), requiring a
rear yard setback of 40' on property described as Lot 6, Hilltop Acres Addition, an addition to the
City of Southlake, Tarrant County, Texas and located at 3170 Briar Ln., Southlake, Texas,
Current zoning: "SF -1A" — Single Family Residential District
The applicant requested this case be tabled until the January 15 2015 meeting.
A motion was made to table case ZBA -671 to the January 15 2015 meeting.
Zoning Board of Adjustment Meeting Minutes — December 11, 2014
Page 1 of 5
Motion: Cunningham
Second: Smietana
Ayes: Ransom, Dyche, Cunningham, Smietana, and Huffman
Nays: None
Abstain: None
Vote: 5 -0
Motion: Carried
Agenda Item No. 5- ZBA -672, Variance to Ordinance No. 480, Section 11.5(b), requiring a front
yard setback of 40' and a Special Exception Use per Ord. No. 480, Section 44.12(2) for an
accessory structure of a size or aggregate size greater than the size permitted on property
described as Lot 1, Block 2, Brewer Addition, an addition to the City of Southlake, Tarrant
County, Texas and located at 2903 Florence Rd., Southlake, Texas. Current zoning: "SF-1B" —
Single Family Residential District.
Planner Schell presented details of the case, requesting approval of a Variance to Ordinance
No. 480, Section11.5(b), requiring a front yard setback of 40', to allow an existing accessory
building to be located approximately 31.5' from the front property line and a Special Exception
Use per Ord. No. 480, Section 44.12(2) for an accessory structure of a size or aggregate size
greater than the size permitted to allow the existing accessory building to exceed the maximum
size permitted if a proposed plat revision dividing the existing lot into two lots is approved. The
SF -1B zoning district, which has the same requirements for accessory buildings as the SF -1A
zoning district, allows a maximum lot coverage of 3% or 4,000 square feet for the sum total of all
accessory structures and buildings on the lot. The existing accessory building on the current
3.01 acre lot meets the 3% maximum lot coverage requirement for accessory buildings. The
building is approximately 3,208 square feet and 3% of the 3.01 acre lot area is approximately
3,934 square feet. The owner would like to divide the 3.01 acre lot into two lots with the northern
lot containing the accessory building being approximately 1.96 acres and the southern lot being
approximately 1.05 acres. If the plat revision proposing the two lots is approved, the accessory
building would exceed the 3% maximum lot coverage allowed on the 1.96 acre lot, which is
approximately 2,561 square feet, by approximately 647 square feet.
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.
Neil DiGiamatteo, 909 S. Main St. Ste. 1302, Grapevine, TX, a representative of the 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 and further input from the representative, Chair Huffman stated
that he was prepared to entertain a motion on the item.
Zoning Board of Adjustment Meeting Minutes — December 11, 2014
Page 2 of 5
A motion was made to table case ZBA -672.
Motion: Dyche
Second: Cunningham
Ayes: Ransom, Dyche, Cunningham, Smietana, and Huffman.
Nays: None
Abstain: None
Vote: 5 -0
Motion: Tabled
Before the details of Agenda Item No. 6 were presented, Vice -Chair Cunningham recused
himself from that item and left the Council Chambers.
Agenda Item No. 6- ZBA -673, Variance to Ordinance No. 480, Section 14.5(d), requiring a rear
yard setback of 35' for lots fronting on a cul -de -sac, to allow construction of an addition to the
principal residence with a setback of approximately 22' on property described as Lot 24, Block
1, The Dominion, an addition to the City of Southlake, Tarrant County, Texas and located at 405
Jackson Square, Southlake, Texas. Current zoning: "SF -20A" — Single Family Residential
District.
Planner Schell presented details of the case, requesting approval of a Variance to Ordinance
No. 480, Section 14.5(d), requiring a rear yard setback of 35' for lots fronting on a cul -de -sac, to
allow construction of an addition to the principal residence with a setback of approximately 22'.
The addition will consist of approximately 466 square feet of living space, a 468 square foot
carport patio area and a 329 square foot outdoor living area.
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.
Richard Asprey, 405 Jackson Sq, 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.
Bob Wilson, 604 Dominion Dr., Southlake, TX, once sworn in, presented his reasons for
opposition.
Seth Van Eyk, 402 Jackson Sq., Southlake, TX, once sworn in, presented his reasons for
opposition.
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.
Zoning Board of Adjustment Meeting Minutes - December 11, 2014
Page 3 of 5
A motion was made to approve case ZBA -673.
Motion: Ransom
Second: Dyche
Ayes: Ransom
Nays: Dyche, Smietana, and Huffman
Abstain: None
Vote: 1 -3
Motion: Motion to approve failed to receive four affirmative votes and is therefore deemed Denied
Vice -Chair Cunningham returned to his place in the Council Chambers.
Agenda Item No. 7- ZBA -674, Variance to Ordinance No. 480, Section 13.5(g), requiring a lot
width of 100' to allow the existing lot width of approximately 89' on property described as Tract
8D2, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and
located at 400 W. Highland St., City of Southlake, Texas. Current zoning: "AG" - Agricultural
District. Proposed zoning: "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(g), requiring a lot width of 100' to allow the existing lot width of
approximately 89'.
The applicant wishes to relocate an existing home at 310 W. Highland St. to the property, which
will require a building permit. A plat is required to be processed and recorded with the County
prior to issuance of a building permit. The plat must conform to the underlying zoning district
regulations, which it does not as it exists. The Agricultural District requires a minimum lot size of
10 acres and the existing platted lot after right of way dedication will be approximately 34,468
square feet, or 0.79 acres. The applicant is concurrently seeking approval of a Zoning Change
and Concept Plan from "AG" Agricultural District to "SF -30" Single Family Residential District
from City Council so that the proposed plat will conform to the underlying zoning regulations,
with the exception of the lot width. The minimum lot width required in the "SF -30 district is 100',
so the applicant is seeking approval of a variance to allow the property to be platted with the
existing lot width of approximately 89'. The zoning case is scheduled for 2nd reading at City
Council at their January 6, 2015 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.
Clayton Redinger, 420 Johnson Rd Keller, TX, a representative of the 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.
Robert Seebeck, 480 W Highland Rd., Southlake, TX, once sworn in, presented his reasons for
support.
Chair Huffman asked if there were those in the audience who wished to speak in opposition of
the request.
Zoning Board of Adjustment Meeting Minutes — December 11, 2014
Page 4 of 5
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 -674.
Motion: Dyche
Second: Cunningham
Ayes: Ransom, Dyche, Cunningham, Smietana, and Huffman
Nays: None
Abstain: None
Vote: 5 -0
Motion: Approved
Agenda Item No. 8 - Meeting Adjournment: Chair Huffman adjourned the meeting at 8:05p.m.
* An audio recording of this meeting will be permanently retained in the City Secretary's
Office.
J hn Huff n
Chair
ATTEt;
CAAUL--
Erica Wi son
Board Secretary
Zoning Board of Adjustment Meeting Minutes — December 11, 2014
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