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2015-03-26CITY OF SOUTH LAKE TEXAS ZONING BOARD OF ADJUSTMENT MEETING: March 26, 2015 LOCATION: 1400 Main Street, Southlake, Texas City Council Chambers of Town Hall Regular Session: Members Present: Vice Chair Bradford Cunningham, Board members Mike Smietana, Scott Dyche, Eric Ransom, and Kourosh Panahy. Members Absent: None. 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 6:30 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 February 26, 2015. A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on February 26. Motion: Dyche Second: Panahy Ayes: Ransom, Smietana, Dyche, Panahy, and Cunningham Nays: None Abstain: None Vote: 5-0-0 Motion: Carried Agenda Item No. 3 — Administrative Comments: Richard Schell, Principal Planner, announced that there were no administrative comments. Agenda Item No. 4 — ZBA-679, Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard setback of twenty (20) feet 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 request for approval of a Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard setback of twenty (20) feet to allow a side setback of approximately fifteen (15) feet for the principal structure on the east side of the lot and a side Zoning Board of Adjustment Meeting Minutes — Manch 26, 2015 Page 1 of 8 setback of approximately fifteen (15) feet for the principal structure and an accessory building containing a family quarters on the west side of the lot. The previous principal residence and all accessory structures were removed from the property by the current owner in 2013. The applicant would like to construct a new home and an approximately 1,200 square foot family quarters on the property. A plat must be processed and recorded with the County prior to issuance of a building permit for a new home. The current zoning on the property is Agricultural District, which requires a minimum ten acre lot area. The property does not meet the ten acre minimum area required in the Agricultural district, so the property must be rezoned prior to a plat being processed and recorded. The applicant is seeking a variance to the SF -1A Single Family Residential zoning district, and, if the variance is approved, he will seek City Council approval of a Zoning Change and Concept Plan from AG to SF -1A. Approval of the variance is subject to subsequent approval of the zoning change to SF - 1A by City Council. 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 were approved by the Zoning Board of Adjustment on February 26, 2015. To address concerns of the Board at the February 26, 2015 meeting, the applicant has revised the plot plan to show setbacks of 15' on each side of the lot instead of the 10' setbacks that were requested at the February 26th meeting. The footprint of the principal residence has been shifted to the west, so the 15' side setback variance request on the west side of the property is now for the principal residence and the accessory building instead of just the accessory building as was previously proposed. 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. Emad Mikhail, 4100 Briarwood Ct., Colleyville, TX the applicant and 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-679. Motion: Panahy Second: Smietana Zoning Board of Adjustment Meeting Minutes — March 26, 2015 Page 2 of 8 Ayes: Ransom, Smietana, Dyche, Panahy, and Cunningham Nays: None Abstain: None Vote: 5-0 Motion: Carried Agenda Item No. 5- 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.. This item was tabled at the February 26th, 2015 meeting. 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. Zoning Board of Adjustment Meeting Minutes — March 26, 2015 Page 3 of 8 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 requests as separate motions. A motion was made to approve the requests for a Variance to Ordinance No. 480, Section 34.2(e) that requires the height of accessory structures to not exceed 14 feet in height. Motion: Dyche Second: Smietana Ayes: Ransom, Smietana, Dyche, Panahy, and Cunningham. Nays: None Abstain: None Vote: 5-0 Motion: Carried A motion was made to approve the request for a 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. Motion: Dyche Second: Smietana Ayes: Ransom, Smietana, Dyche, Panahy, and Cunningham. Nays: None Abstain: None Vote: 5-0 Motion: Carried Agenda Item No. 6-, ZBA-683, Special Exception Use Permit per Ordinance No. 480, Section 44.12 (2), for the construction of accessory buildings or structures of a size or aggregate size greater than permitted on property described as Tract 1 B4M2, Harrison Decker Survey, Abstract No. 438, City of Southlake, Tarrant County, Texas and located at 1230 Woodsey Ct., Southlake, Texas. Current Zoning: "MH" —Manufactured Housing District Planner Schell then presented details of the request for approval of a Special Exception Use Permit per Ordinance No. 480, Section 29.6(h) requires that the sum total of all accessory buildings shall not exceed six hundred (600) square feet. A Special Exception Use for accessory buildings greater than the size permitted was approved by the Zoning Board of Adjustment May 27, 2010 for an approximately 750 square foot carport, bringing the total square footage of accessory buildings on the property to 1,370 square feet. The exhibits approved with that case showed a carport that was open on all sides. A permit for the carport was issued on August 5, 2010. The carport has since been enclosed on all sides as shown in the photos in Attachment D of this report, so approval of a Special Exception Use is required by the Zoning Board of Zoning Boar/ of Adjustment Meeting Minutes - March 26, 2015 Page 4 of 8 Adjustment to allow the building to remain enclosed as it exists. The approximate dimensions of the building are 30'x 25'. No other changes are proposed on the property. 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. Orest and Ann Dachniwsky, 375 Silverwood Cir., Southlake, TX the applicants and and owners, once sworn in, presented their reasons for the request and were 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-683. Motion: Panahy Second: Dyche Ayes: Ransom, Smietana, Dyche, Panahy, and Cunningham. Nays: None Abstain: None Vote: 5-0 Motion: Carried Aaenda Item No. 7- ZBA-684, Variance to Ordinance No. 480, Sections 11.5(b), requiring a front yard setback of forty (40) feet and Section 11.5(f) requiring a minimum lot size of 43,560 square feet on property described as Lot 4A, being a portion of Lot 4, Block 5, South Lake Park Addition No. 2, an addition to the City of Southlake, Tarrant County, Texas and located at 3108 Southlake Park Rd., Southlake, Texas. Current Zoning: "SF -1A" — Single Family Residential District. Planner Schell then presented details of the request for approval of a Variance to Ordinance No. 480, Sections 11.5(b), requiring a front yard setback of forty (40) feet and Section 11.5(f) requiring a minimum lot size of 43,560 square feet to allow a front setback of approximately thirty (30) feet for a new garage addition to the principal structure and a lot size of approximately 29,210 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. Zoning Board of Adjustment Meeting Minutes - March 26, 2015 Page 5 of 8 George D. Butler II, 3108 Southlake Park Rd, Southlake, TX the applicant and owner, once sworn in, presented his reasons for the request and was available to answer questions of the Board 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-684. Motion: Dyche Second: Smietana Ayes: Ransom, Smietana, Dyche, Panahy, and Cunningham Nays: None Abstain: None Vote: 5-0 Motion: Carried Agenda Item No. 8- Review and discuss legal and procedural matters associated with the appeal of the Administrative Official's decision related to the Planning and Development Services case ZA14-099, Site Plan for Southlake Town & Country on property described as Tract 1 F and a portion of Tract 1, J. West Survey, Abstract No. 1620, City of Southlake, Tarrant County, Texas and located at 500 West State Highway 114, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. Vice Chair Cunningham called an executive session to order at 8:08 pm. Vice Chair Cunningham adjourned the executive session at 9:22 pm. A motion was made to consider the appeal of the administrative official's decision associated with the Planning and Development Services case ZA14-099 and amend rules and procedures adopted September 11, 2008 as follows: Amend section 4.2 to add that an application for an appeal to an administrative official's decision shall be signed by the applicant. 2. Amend section 5.3 procedure for hearing to add subsection (g), which shall read in its entirety as set forth in the document entitled "Court Procedures for Appeal of Administrative Decisions- ZA14-099" and a copy of the procedures be given to all interested persons 3. Amend section 1.7 and 2.3d to add that special counsel may provide legal opinions and advice to the board. Zoning Board of Adjustment Meeting Minutes - March 26, 2015 Page 6 of 8 Motion: Panahy Second: Dyche Ayes: Ransom, Smietana, Dyche, Panahy, and Cunningham Nays: None Abstain: None Vote: 5-0 Motion: Carried A motion was made to appoint Messer, Rockefeller and Fort PLLC as special counsel for appeal of case ZA14-099. Motion: Smietana Second: Dyche Ayes: Ransom, Smietana, Dyche, Panahy, and Cunningham Nays: None Abstain: None Vote: 5-0 Motion: Carried Agenda Item No. 9- Establish time(s) and date(s) to consider the appeal of the Administrative Official's decision associated with Planning and Development Services case ZA14-099, Site Plan for Southlake Town & Country on property described as Tract 1 F and a portion of Tract 1, J. West Survey, Abstract No. 1620, City of Southlake, Tarrant County, Texas and located at 500 West State Highway 114, Southlake, Texas. Current Zoning: "S -P-2" Generalized Site Plan District. A motion was made to set the time and date to consider the appeal of the Administrative Official's decision associated with Planning and Development Services case ZA14-099 as Thursday, April 30th 2015. Motion: Dyche Second: Panahy Ayes: Ransom, Smietana, Dyche, Panahy, and Cunningham Nays: None Abstain: None Vote: 5-0 Motion: Carried Agenda Item No. 10 - Meeting Adiounnment: Vice Chair Cunningham adjourned the meeting at 9:30 p.m. * An audio recording of this meeting will be permanently retained in the City Secretary's Office. m Vice Chairm Zoning Board of Adjustment Meeting Minutes — March 26, 2015 Page 7 of 8 ATTEST: CL2Q.A, Erica Wilson Board Secretary Zoning Board of Adjustment Meeting Minutes - March 26, 2015 Page 8 of 8