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2015-05-28CITY OF SOUTHLAKE TEXAS ZONING BOARD OF ADJUSTMENT MEETING: May 28, 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 Die, an Kourosh Panahy. Members Absent: Boardmember 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 — 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 April 30, 2015. A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on April 30, 2015. Motion: Smietana Second: Panahy Ayes: Smietana, 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 meeting will be held on June 25 2015. Agenda Item No. 4 — 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 -1 B" — Single Family Residential District. Planner Schell presented details of the request for approval of a Variance to Ordinance No. 480, Section 11.5(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 Zoning Board of Adjustment Meeting Minutes - May 28, 2015 Page 1 of 5 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 structures on the current 3.01 acre lot meet the 3% maximum lot coverage requirement for accessory structures. The building is approximately 3,232 square feet and an existing covered seating area is approximately 144 square feet, which totals 3,376 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 a plat revision proposing the two lots is approved, the accessory structures as they exists would exceed the 3% maximum lot coverage allowed on the 1.96 acre lot, which is approximately 2,561 square feet, by approximately 815 square feet. The applicant's original request for a Variance to the front setback requirement to allow a setback of approximately 31.5' and for a Special Exception Use to allow the sum total of all accessory structures (3,376 s.f.) to exceed the area allowed (2,561 s.f.) was tabled at the Zoning Board of Adjustment meeting on December 11, 2014. Since that meeting, the applicant has submitted an application and plans for a building permit for the existing building to the City's Building Inspections department. The building was constructed without a building permit, so to bring the building into compliance with City requirements, a building permit must be issued even though the building already exists. The Building Inspections department has reviewed the plans and inspected the building and it has been determined that a building permit can be issued for the building subject to approval of the Variance to the front setback requirement by the Zoning Board of Adjustment. To address concerns of the Board at the previous meeting regarding the amount of area that the existing accessory structures would exceed the permitted area allowed for the sum total of all accessory structures if the property is subdivided, the applicant has revised the request for the Special Exception Use, proposing now to remove a portion of the metal building, which would reduce the floor area to approximately 2,426 square feet. When added to the approximately 144 square foot covered seating area, the total square footage for accessory structures is now proposed to be approximately 2,570, which exceeds the 2,561 square feet allowed by approximately nine (9) 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. Neil DiGiammatteo, 919 S Main St., 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. 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. Zoning Board of Adjustment Meeting Minutes — May 28, 2015 Page 2 of 5 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 request. A motion was made to table case ZBA-672 to the June 25th, 2015 meeting. Motion: Dyche Second:Panahy Ayes: Smietana, Dyche, Panahy, and Cunningham Nays: None Abstain: None Vote: 4-0 Motion: Carried Agenda Item No. 5- ZBA-687, Variance to Ordinance No. 480, Section 14.5(c), requiring a side yard setback of fifteen (15) feet on property described as Lot 9R, Block 1, Patterson's Pond, an addition to the City of Southlake, Tarrant County, Texas and located at 2201 Patterson Way, Southlake, Texas. Current Zoning: "SF -20A" — Single Family Residential District. Planner Schell then presented details of the request for approval of a Variance to Ordinance No. 480, Section 14.5(c), requiring a side yard setback of fifteen (15) feet to allow the principal residence to be located approximately ten (10) feet from the side property line as depicted on the attached plot plan. A Plat Revision to reduce the building line along Kimball Ave. from thirty (30) feet to fifteen (15) feet was approved by Council on April 19, 2011 and was filed on June 23, 2011. 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. lyad Shehadeh, 2201 Patterson Way, Southlake, 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 request. A motion was made to approve case ZBA-687. Motion: Panahy Zoning Board of Adjustment Meeting Minutes — May 28, 2015 Page 3 of 5 Second:Dyce Ayes: Smietana, Dyche, Panahy, and Cunningham. Nays: None Abstain: None Vote: 4-0 Motion: Carried Agenda Item No. 6-, ZBA-688, 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 permitted on property described as Lot 23, O. W. Knight No. 899 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 250 Lilac Ln., Southlake, Texas. Current Zoning: "SF -2" — Single Family Residential District. Planner Schell presented details of the request for approval of a Special Exception Use per Ordinance No. 480, Section 44.12 (2), to allow the sum total of all accessory buildings and structures on the property to exceed the maximum area allowed in the district, which in this case is 3% of the lot area, or 6,313 square feet. The applicant is proposing to construct an approximately 1,543 square foot pavilion on the site, which when added to an approximately 5,607 square foot garage totals approximately 7,150 square feet, exceeding the maximum square footage allowed by approximately 837 square feet. The 7,150 total square feet of proposed accessory building and structure area is approximately 3.4% of the lot area. 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. Jimmy Lambert, 127 S Quinella Ct, Springtown , TX and Ty Lambert, 813 Dove Trail, Springtown TX, representatives of the applicants, 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-688 subject to the applicant receiving a favorable response on the encroachment agreement and if the agreement is not obtained, noting that the applicant will come back for further review.. Motion: Panahy Second: Smietana Ayes: Smietana, Dyche, Panahy, and Cunningham. Nays: None Zoning Board of Adjustment Meeting Minutes — May 28, 2015 Page 4 of 5 Abstain: None Vote: 4-0 Motion: Carried Agenda Item No. 7 - Meeting Adjournment: Vice Chair Cunningham adjourned the meeting at 8:00 p.m. * An audio recording of this meeting will be permanently retained in the City Secretary's Office. Brad d Cun ' �- Vice Chairman ATT T: Erica Wilson Board Secretary Zoning Board of Adjustment Meeting Minutes — May 28, 2015 Page 5 of 5