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2015-02-26CITY OF SOUTH LAKE TEXAS ZONING BOARD OF ADJUSTMENT MEETING: February 26, 2015 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers of Town Hall Regular Session: Members Present: Vice Chair Bradford Cunningham, Board members Scott Dyche, Eric Ransom, and I ourosh Panahy. Members Absent: Board member Mike Smietana. 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: Vice Chair Bradford Cunningham called the meeting to order at 6:32 p.m. Agenda Item No. 2 — Approval of the Minutes: Vice Chair Bradford Cunningham opened the discussion of the minutes of the Zoning Board of Adjustment meeting held on January 29, 2015. A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on January 29. Motion: Dyche Second: Panahy Ayes: Ransom, Dyche, Panahy, and Cunningham Nays: None Abstain: None Vote: 4-0-0 Motion: Carried Agenda Item No. 3 — Administrative Comments: Richard Schell, Principal Planner, announced that the next ZBA meeting will be held on March 26, 2015. Agenda Item No. 4 — ZBA-678, Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard setback of twenty (20) feet and a Special Exception Use per Ordinance No. 480, Section 44.12(1) for a servants or family quarters on property described as Lot 10, Block B, Triple C Ranch, an addition to the City of Southlake, Tarrant County, Texas and located at 1309 Bay Meadows Dr., Southlake, Texas. Current Zoning: SF -1A — Single Family Residential District Planner Schell then presented details of request for approval of a Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard setback of twenty (20) feet and a Special Exception Use per Ordinance No. 480, Section 44.12(1) for a servants or family quarters to allow construction of an approximately 739 square foot family quarters to be constructed in an Zoning Board of Adjustment Meeting Minutes — February 26, 2015 Page 1 of 6 addition to the principal structure that is proposed to be located approximately sixteen (16) feet from the side property line. Vice Chair Cunningham 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. Clint Hart, 5301 Pleasant Run Rd, Colleyville, TX a representative of the owner, once sworn in, presented his reasons for the request and was available to answer questions of the Board Vice Chair Cunningham asked if there were those in the audience who wished to speak in support of the request. There being no one, Vice Chair Cunningham asked if there were those in the audience who wished to speak in opposition of the request. There being no one, Vice Chair Cunningham closed the public hearing and opened the item for discussion. After discussion from the board, Vice Chair Cunningham stated that he was prepared to entertain a motion on the item. A motion was made to approve case ZBA-678. Motion: Panahy Second: Ransom Ayes: Ransom, Dyche, Panahy, and Cunningham Nays: None Abstain: None Vote: 4-0 Motion: Carried Agenda Item No. 5- ZBA-679, Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard setback of twenty (20) feet, Variance to Ordinance No. 480, Section 11.5(f), requiring a minimum lot area of forty three thousand five hundred sixty (43,560) square feet and a Special Exception Use per Ordinance No. 480, Section 44.12(1) for a servants or family quarters on property described as Tract 1C1, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and located at 3165 Johnson Rd., Southlake, Texas. Current Zoning: "AG" —Agricultural District. Planner Schell then presented details of the request for approval of a Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard setback of twenty (20) feet, a Variance to Ordinance No. 480, Section 11.5(f), requiring a minimum lot area of forty three thousand five hundred sixty (43,560) square feet and a Special Exception Use per Ordinance No. 480, Section 44.12(1) for An approximately 1,200 square foot servants or family quarters. Vice Chair Cunningham 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 — February 26, 2015 Page 2 of 6 Emad Mikhai, 4100 Bridlewood Ct., Colleyville, TX the applicant, once sworn in, presented his reasons for the request and was available to answer questions of the Board Vice Chair Cunningham asked if there were those in the audience who wished to speak in support of the request. There being none, Vice Chair Cunningham asked if there were those in the audience who wished to speak in opposition of the request. Jake Squyres, 10704 Ambling Tr., Fort Worth, TX, spoke in opposition. Vice Chair Cunningham closed the public hearing and opened the item for discussion. After discussion from the board, Vice Chair Cunningham stated that he was prepared to entertain a motion on the requests for a Variance to Ordinance No. 480, Section 11.5(f), requiring a minimum lot area of forty three thousand five hundred sixty (43,560) square feet and a Special Exception Use per Ordinance No. 480, Section 44.12(1) for An approximately 1,200 square foot servants or family quarters together. The applicant reqeusted to table the request for approval of a Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard setback of twenty (20) feet to the March 26th, 2015 meeting. This motion would be entertained separately. A motion was made to approve the requests for a Variance to Ordinance No. 480, Section 11.5(f), requiring a minimum lot area of forty three thousand five hundred sixty (43,560) square feet and a Special Exception Use per Ordinance No. 480, Section 44.12(1) for an approximately 1,200 square foot servants or family quarters in case ZBA-679. Motion: Dyche Second: Panahy Ayes: Ransom, Dyche, Panahy and Cunningham. Nays: None Abstain: None Vote: 4-0 Motion: Carried A motion was made to table the request for approval of a Variance to Ordinance No. 480, Section 11.5(c) in case ZBA-679, requiring a side yard setback of twenty (20) feet to the meeting on March 26th, 2015. Motion: Dyche Second: Panahy Ayes: Ransom, Dyche, Panahy and Cunningham Nays: None Abstain: None Vote: 4-0 Motion: Carried Zoning Board of Adjustment Meeting Minutes — February 26, 2015 Page 3 of 6 Astenda Item No. 6-, ZBA-680, Variance to Ordinance No. 480, Section 34.2(e), requiring accessory buildings to not exceed fourteen (14) feet in height and a Special Exception Use per Ordinance 'No. 480, Section 44.12(2) for the construction of accessory buildings or structures of a size or aggregate size greater than that permitted under the accessory building requirements of the zoning district on property described as Tract 5, I. G. Belcher Survey, Abstract No. 30A, City of Southlake, Denton County, Texas and located at 4935 T. W. King Rd., Southlake, Texas. Current Zoning: "MH" — Manufactured Housing District.. Planner Schell then presented details of the request for approval of a Variance to Ordinance No. 480, Section 34.2(e), requiring accessory buildings to not exceed fourteen (14) feet in height and a Special Exception Use per Ordinance No. 480, Section 44.12(2) for the construction of accessory buildings or structures of a size or aggregate size greater than that permitted. Details of each request are below: 1. Variance to Ordinance No. 480, Section 34.2(e) requires the height of accessory structures to not exceed 14 feet in height. A height of approximately 17.8 feet is requested. The height of the building as defined by Zoning Ord. No. 480, Section 4, as amended, is the average height of the highest gable for a pitched roof and not the height of the ridge. 2. Special Exception Use per Ordinance No. 480, Section 34.2(e) for construction of accessory buildings or structures of a size or aggregate size greater than permitted. The maximum size permitted in the MH — Manufactured Housing District for the sum total of all accessory buildings and structures is 600 square feet. The applicant is proposing to remove an existing garage/shed approximately 1,160 square feet in size and replace it with an approximately 2,400 square foot garage. When added to two other accessory structures that are proposed to remain on the property, an approximately 450 square foot guest house and an approximately 370 square foot covered patio, the total square footage for all accessory structures on the property is proposed to be approximately 3,220 square feet. Vice Chair Cunningham 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. Renee Esses, 501 Magnolia Tr., Grapevine, TX the applicant and representative of the owner, once sworn in, presented her reasons for the request and was available to answer questions of the Board Vice Chair Cunningham asked if there were those in the audience who wished to speak in support of the request. There being no one, Vice Chair Cunningham asked if there were those in the audience who wished to speak in opposition of the request. There being no one, Vice Chair Cunningham closed the public hearing and opened the item for discussion. After discussion from the Board, the applicant requested that the case be tabled until the March 26"', 2015 meeting. Zoning Board of Adjustment Meeting Minutes — February 26, 2015 Page 4 of 6 Vice Chair Cunningham stated that he was prepared to entertain a motion on the item. A motion was made to table case ZBA-680 to the March 26t', 2015 meeting. Motion: Panahy Second: Ransom Ayes: Ransom, Dyche, Panahy and Cunningham. Nays: None Abstain: None Vote: 4-0 Motion: Carried Agenda Item No. 7- ZBA-682, Variance to Ordinance No. 480, Section 34.2(a), requiring accessory buildings on a permanent foundation to be located no closer than 10' to a property line in the rear yard on property described as Lot 33, Block 1, Timber Lake Section 1, an addition to the City of Southlake, Tarrant County, Texas and located at 309 Timber Lake Way, Southlake, Texas. Current Zoning: "R -PUD" — Residential Planned Unit Development District. Planner Schell then presented details of the request for approval of a Variance to Ordinance No. 480, Section 34.2(a), requiring accessory buildings and structures on a permanent foundation to be located no closer than 10' to a property line in the rear yard to allow an approximately 195 square foot covered patio to be constructed approximately nine (9) feet from the side and rear property lines. Vice Chair Cunningham 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. Virginia Bouley, 309 Timberlake Dr., Southlake, TX the applicant and owner, once sworn in, presented her reasons for the request and was available to answer questions of the Board Vice Chair Cunningham asked if there were those in the audience who wished to speak in support of the request. There being no one, Vice Chair Cunningham asked if there were those in the audience who wished to speak in opposition of the request. Craig Rothmeier, 505 Timberlake Dr, Southlake, TX once sworn in, provided reason for his opposition. Patricia Goldschlager, 212 Timberlake Dr., Southlake, TX once sworn in, provided reason for her opposition. Caitlin Boldt, 807 Parkdale Dr., Southlake, TX once sworn in, provided reason for her opposition. After hearing those opposed, Vice Chair Cunningham closed the public hearing and opened the item for discussion. Zoning Board of Adjustment Meeting Minutes — February 26, 2015 Page 5 of 6 After discussion from the Board, Vice Chair Cunningham stated that he was prepared to entertain a motion on the item. A motion was made to approve case ZBA-682. Motion: Dyche Second:Panahy Ayes: Cunningham Nays: Ransom, Dyche, and Panahy. Abstain: None Vote: 1-3 Motion: Denied Aaenda Item No. 8 - Meeting Adiournment: Vice Chair Cunningham adjourned the meeting at 8:24 p.m. * An audio recording of this meeting will be permanently retained in the City Secretary's Office. Br rd Cunrnng a Vice Chairman ATTES e Erica Wilson Board Secretary Zoning Board of Adjustment Meeting Minutes — February 26, 2015 Page 6 of 6