2004_08.03 BOA AgendaAGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING -AUGUST 3, 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) To receive citizens comments regarding the review and consideration of Case BOA 02 -03 - Special
Exception to City Code under Sections 17 -421, to allow a service station in "C -1" Restricted
Commercial at 317 W. Mansfield Hwy. Legal description is Lot 1 R2, James A. Arthur Addition. As
requested by Mr. Naseem Patel business owner of P & P Mart.
2) To receive citizens comments regarding the review and consideration of Case BOA 02 -04 - Special
Exception to City Code under Sections 17 -421, to allow a vehicle impoundment facility in "I"
Industrial District at 7084 E. Mansfield Hwy. Legal description is Abstract 716, Tract 3D, Wade H
Hudson Survey. As request by Mr. Eric Elam business owner of Auto Yard - Impound Vehicle
Storage Facility.
3) To receive citizens comments regarding the review and consideration of Case BOA 02 -05 - Special
Exception to City Code under Sections 17 -421, to allow an auto salvage facility in "I" Industrial
District at 7001 E. Mansfield Hwy. 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.
4) To receive citizens comments regarding the review and consideration of Case BOA 02 -08 - Special
Exception to City Code under Sections 17 -421, to allow an auto salvage facility in "I" Industrial
District at 6940 E. Mansfield Hwy. Legal Description is Abstract 716, Tract 3, Wade H. Hudson
Survey. As requested by Mr. Jose Jaime and Mr. Martin Marquez business owners of AB's Auto
Parts.
5) To receive citizens comments regarding the review and consideration of Case BOA 04 -05 (02 -15)
(FORMALLY BOA 94 -01) - Special Use Permit to City Code under Sections 17 -416, 17 -421, & 17-
422, to allow an Auto Recycling Facility in "I" Industrial Zoning at 1206 & 1208 E. Mansfield Hwy.
Legal description is Lot 1R1, Block 1 Greenleaf Addition. As requested. by Mr. Ron Sturgeon
business owner of Greenleaf Auto Recycling.
6) Case # BOA 04 -10 to receive citizens comments on a request for a Special Exception as required
by City Code section 17 -421 (a) to allow in "C -2" (Commercial Zoning) a flea market to operate at
320 S. Dick Price Road. The legal description is Abstract 1375 Tract 54A3 Shelby County School
Land Survey. As requested by John Pruitt,
7) Case # BOA 04 -11 to receive citizens comments on a request for a Special Exception to the Zoning
Ordinance City Code Section 17 -421 (a) to allow in "C -2" (Commercial Zoning) a loading zone in the
parking lot of 109 W. Mansfield Hwy. The legal description is Lot 1 Block A of the Kennedale Retail
Center Addition. As requested by TSCA -NB 1997 LP.
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 June 1, 2004 and July 6, 2004.
2) Review and consideration of Case BOA 02 -03 - Special Exception to City Code under Sections 17-
421, to allow a service station in "C -1" Restricted Commercial at 317 W. Mansfield Hwy. Legal
description is Lot 1 R2, James A. Arthur Addition. As requested by Mr. Naseem Patel business
owner of P & P Mart.
3) Review and consideration of Case BOA 02 -04 - Special Exception to City Code under Sections 17-
421, to allow a vehicle impoundment facility in "I" Industrial District at 7084 E. Mansfield Hwy. Legal
description is Abstract 716, Tract 3D, Wade H Hudson Survey. As request by Mr. Eric Elam
business owner of Auto Yard - Impound Vehicle Storage Facility,
4) Review and consideration of Case BOA 02 -05 - Special Exception to City Code under Sections 17-
421, to allow an auto salvage facility in "I" Industrial District at 7001 E. Mansfield Hwy. 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.
5) Review and consideration of Case BOA 02 -08 - Special Exception to City Code under Sections 17-
421, to allow an auto salvage facility in "I" Industrial District at 6940 E. Mansfield Hwy. Legal
Description is Abstract 716, Tract 3, Wade H. Hudson Survey. As requested by Mr. Jose Jaime and
Mr. Martin Marquez business owners of AB's Auto Parts.
6) Review and consideration of Case BOA 04 -05 (02 -15) (FORMALLY BOA 94 -01) - Special Use
Permit to City Code under Sections 17 -416, 17 -421, & 17 -422, to allow an Auto Recycling Facility in
"I" Industrial Zoning at 1206 & 1208 E. Mansfield Hwy. Legal description is Lot 1R1, Block 1
Greenleaf Addition. As requested by Mr. Ron Sturgeon business owner of Greenleaf Auto
Recycling,
7) Case #BOA 04 -09 to consider approval on a request for a Special Exception as required by City
Code Section 17 -422 (a) allowing in "I" (Industrial) a cell tower to be constructed. The address is
635 Tower Dr. The legal description is Lots 1 and 2 of Tower Business Park, in Kennedale, TX. As
requested by Cell Tex Towers L.P. of San Antonio, TX.
8) Case # BOA 04 -10 to consider approval of a request for a Special Exception as required by City
Code section 17 -421 (a) to allow in "C -2" (Commercial Zoning) a flea market to operate at 320 S.
Dick Price Road. The legal description is Abstract 1375 Tract 54A3 Shelby County School Land
Survey. As requested by John Pruitt.
9) Case # BOA 04 -11 to consider approval of a request for a Special Exception to the Zoning
Ordinance City Code Section 17 -421 (a) to allow in "C -2" (Commercial Zoning) a loading zone in the
parking lot of 109 W. Mansfield Hwy. The legal description is Lot 1 Block A of the Kennedale Retail
Center Addition. As requested by TSCA -NB 1997 LP.
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 3rd day of
August 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 27th day of July 2004.
By: David Miller, City Manager
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 July 27, 2004, at 1:00 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. n
Dated this the 27th day of July 2004.
Board of Adjustment Secretary
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 5:30 p.m., on the 12th day of
August 2004, 405 Municipal Drive, (Kennedale Municipal Building) Kennedale,
Texas at which time the following subjects will be discussed to wit:
AGENDA
WORKSHOP W/ COUNCIL
Dated this the 6th day of August 2004.
By: David Miller, City Manager
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 August 6, 2004, at 11:45 o'clock A.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 6th day of August 2004.
By:
Lisa Dawn Cabrera,
Board of Adjustment Secretary