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2004_09.07 BOA AgendaAGENDA BOARD OF ADJUSTMENT REGULAR MEETING - SEPTEMBER 7, 2004 KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM CALL TO ORDER ROLL CALL A. EXECUTIVE SESSION The BOA will meet in closed session pursuant to Section 551.071 of the Texas Government Code for consultation with the City Attorney pertaining to any matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct may conflict with the Open Meeting Act, including discussion of any item posted on the agenda and legal issues regarding amortization of nonconforming uses; and litigation, settlement offers, and /or claims regarding the follow matters: a. Orientation of New Members b. Compliance of Business 287 District Overlay c. Non - Compliance Issues B. RECONVENE INTO CHAMBERS Reconvene into chambers for regular session and consider action, if any, on items discussed in Executive Session. C. PUBLIC HEARING 1) Case BOA 02 -05 - To receive citizen's comments for an Extension of Special Exception to City Code under Sections 17 -421, to allow an auto salvage facility in "I" Industrial District at 7001 E. Kennedale Parkway. Legal description is Abstract 716, Tract 3134, Wade H Hudson Survey. As requested by Mr. Jerry Coyel and Ms. Pat Doescher business owner and manager of Apache Foreign Auto Salvage. 2) Case BOA 04 -11 - To receive citizen's comments for a Variance to City Code under Sections 17 -424 (b) (13) (e) to allow in "C -2" (Commercial Zoning), a front loading zone in the parking lot of 109 W. Kennedale Parkway. Legal Description is Lot 1, Block A of the Kennedale Retail Center, C. Rose Survey, Abstract 1285 as requested by TSCA -NB 1997 LP and Quine & Associates, Inc. 3) Case BOA 04 -12 - To receive citizen's comments for a Variance to City Code under Section 17- 420 in "I" (Industrial Zoning) to allow to use pre- existing racking to store merchandise which is visible above the fence line at 1206 & 1208 E. Kennedale Parkway. Legal description is Lot 1, Block 1 Greenleaf Addition and Lot 1R1, Block 1 Kennedale Business Park. As requested by Mr. Ron Sturgeon business owner of Greenleaf Auto Recycling. 4) Case BOA 04 -13 - To receive citizen's comments for a Variance to City Code under Section 17 -508 (a) in "R -1" (Single - Family Residential) to allow the erection of a message board in front of the Kennedale High School at 901 Treepoint Rd. Legal Description is Lot 1, Block 1 of Kennedale Independent School District as requested by Kennedale ISD. 5) Case BOA 04 -14 - To receive citizen's comments for a Special Exception to City Code under Section 17 -421 (a) in "I" (Industrial Zoning) to allow an Impound Vehicle Storage Facility at 7084 E. Kennedale Parkway. Legal Description is Abstract 716, Tract 3D, Wade H. Hudson Survey as requested by Jerry Strickland owner of Patriot Towing. 6) Case BOA 04 -15 - To receive citizen's comments for a Variance to City Code under Section 17 -507 (c) (1) in "C -2" (Commercial Zoning) to allow for a 456 square feet sign on a store front of 4,440 square foot at 109 W. Kennedale Parkway. Legal Description is Lot 1, Block A of the Kennedale Retail Center, C. Rose Survey, Abstract 1285 as requested by E. C. Barton and Company. D. VISITORS /CITIZENS FORUM At this time, any person with business before the Board of Adjustment not scheduled on the Agenda may speak to the Commission, provided that a "Speaker's Request Form" has been completed and submitted to the Board of Adjustment Secretary prior to the start of the meeting. All comments must be directed towards the Chairman, rather than individual BOA members or staff. All speakers must limit their comments to the subject matter as listed on the "Speaker's Request Form." No formal action can be taken on these items. E. REGULAR ITEMS 1) Approval of Minutes from regular meeting dated August 3, 2004. 2) Case BOA 02 -05 - Consider approval of an Extension of Special Exception to City Code under Sections 17 -421, to allow an auto salvage facility in "I" Industrial District at 7001 E. Kennedale Parkway. Legal description is Abstract 716, Tract 3134, Wade H Hudson Survey. As requested by Mr. Jerry Coyel and Ms. Pat Doescher business owner and manager of Apache Foreign Auto Salvage. 3) Case BOA 04 -11 - Consider approval of a Variance to City Code under Sections 17 -424 (b) (13) (e) to allow in "C -2" (Commercial Zoning), a front loading zone in the parking lot of 109 W. Kennedale Parkway. Legal Description is Lot 1, Block A of the Kennedale Retail Center, C. Rose Survey, Abstract 1285 as requested by TSCA -NB 1997 LP and Quine & Associates, Inc. 4) Case BOA 04 -12 - Consider approval of a Variance to City Code under Section 17 -420 in "I" (Industrial Zoning) to allow to use pre- existing racking to store merchandise which is visible above the fence line at 1206 & 1208 E. Kennedale Parkway. Legal description is Lot 1, Block 1 Greenleaf Addition and Lot 1131, Block 1 Kennedale Business Park. As requested by Mr. Ron Sturgeon business owner of Greenleaf Auto Recycling. 5) Case BOA 04 -13 - Consider approval of a Variance to City Code under Section 17 -508 (a) in "R -1" (Single - Family Residential) to allow the erection of a message board in front of the Kennedale High School at 901 Treepoint Rd. Legal Description is Lot 1, Block 1 of Kennedale Independent School District as requested by Kennedale ISD. 6) Case BOA 04 -14 - Consider approval of a Special Exception to City Code under Section 17 -421 (a) in "I" (Industrial Zoning) to allow an Impound Vehicle Storage Facility at 7084 E. Kennedale Parkway. Legal Description is Abstract 716, Tract 3D, Wade H. Hudson Survey as requested by Jerry Strickland owner of Patriot Towing. 7) Case BOA 04 -15 - Consider approval of a Variance to City Code under Section 17 -507 (c) (1) in "C- 2 (Commercial Zoning) to allow for a 456 square feet sign on a store front of 4,440 square foot at 109 W. Kennedale Parkway. Legal Description is Lot 1, Block A of the Kennedale Retail Center, C. Rose Survey, Abstract 1285 as requested by E. C. Barton and Company. 8) To consider scheduling a training workshop on Board of Adjustment Rules and Procedures with City Attorney for September 14, 2004 and to set time. F. ADJOURNMENT NOTICE OF MEETING KENNEDALE BOARD OF ADJUSTMENT KENNEDALE, TEXAS Notice is hereby given that a ® Workshop, ❑ Public Hearing, ❑ Special Meeting, and /or ❑ Regular Meeting will be held by the Board of Adjustment of the City of Kennedale, Texas at 7:00 p.m., on the 14th day of September 2004, 405 Municipal Drive, (Kennedale Municipal Building, Conference Room) Kennedale, Texas at which time the following subjects will be discussed to wit: AGENDA BOA TRAINING SESSION Dated this the 10th day of September 2004. By: Rick Adams, Chairman I, the undersigned authority, do hereby certify that the above Notice of Meeting for the Board of Adjustment of the City of Kennedale, Texas is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board of City Hall of said City in Kennedale, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on September 10, 2004, at 4:00 o'clock P.M., and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities need auxiliary aids or services hearing impaired, readers, large at (817) 483 -1297 five (5) wor arrangements can be made. who plan to attend this meeting and who may such as interpreters for persons who are deaf or print, are requested to contact the undersigned k days prior to the meeting so that appropriate Dated this the 10th day of September 2004. M NOTICE OF MEETING KENNEDALE BOARD OF ADJUSTMENT KENNEDALE, TEXAS Notice is hereby given that a ❑ Workshop, ® Public Hearing, ❑ Special Meeting, and /or ® Regular Meeting will be held by the Board of Adjustment of the City of Kennedale, Texas at 7:00 p.m., on the 7th day of September 2004, 405 Municipal Drive, (Kennedale Municipal Building) Kennedale, Texas at which time the following subjects will be discussed to wit: AGENDA (SEE ATTACHED AGENDA) Dated this the 1st day of September 2004. By: Rick Adams, Chairman I, the undersigned authority, do hereby certify that the above Notice of Meeting for the Board of Adjustment of the City of Kennedale, Texas is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board of City Hall of said City in Kennedale, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on September 1, 2004, at 4:00 o'clock P.M., and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, are requested to contact the undersigned at (817) 483 -1297 five (5) work days prior to the meeting so that appropriate arrangements can be made. Dated this the 1st day of September 2004. M Board of Adjustment Secretary