2014_10.07 BOA MinutesBOARD OF ADJUSTMENT & BUILDING BOARD OF APPEALS
MINUTES
REGULAR MEETING
October 7, 2014
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
Chairman Adams called the meeting to order at 7:00 P.M.
II. ROLL CALL
Katherine Rountree called roll.
Present?
Commissioner
X
Rick Adams
Absent
Brian Cassad
X
Jeff Madrid
X
Patrick Vader
X
Martin Youn
Alternates
X
Jeff Nevarez
Absent '
Lana Sather
Absent `
Richard West
A quorum was present.
Mr. Nevarez was asked to serve as a regular member for the meeting.
Staff present: Bob Hart (city manager); Sandra Johnson (building inspector); Katherine Rountree (board
secretary).
III. SWEARING IN OF SPEAKERS
Ms. Rountree swore in those who wished to speak.
IV. MINUTES APPROVAL
A. Review and consider approval of minutes from the May 6, 2014 Board of Adjustment
meeting.
Mr. Madrid motioned to approve the minutes. The motion was seconded by Mr. Vader and passed with all
in favor.
V. VISITOR/CITIZENS FORUM
No one registered to speak.
VI. REGULAR ITEMS
A. CASE # BOA 14 -07 to receive comments and consider action on a request by Osama Salem for a
Special Exception pursuant to the City Code Sections 17 -421 and 17 -422 to allow operation of an auto
inspection station in a "C -1" Restricted Commercial zoning district at 105 W Kennedale Pkwy, more
particularly described as City of Kennedale Addition Block 23 Lot 1A.
A. Staff Presentation
Mr. Hart said that the location was zoned "C -2" but to be able to sell beer or wine had to rezone to "C -1"
after the City adopted the Wet/Dry Election. He stated that after they rezoned, the mechanic that was
leasing had left. He said that the property owner is going to remove the house behind the building to allow
more parking. He stated that Osama Salem received a Certificate of Occupancy that said he could do car
inspections. He said that the property would have to meet all six qualifications, which Mr. Hart listed, to be
granted a special exception. Mr. Vader stated that at the location, Mr. Salem has a sign that states tune
ups, which is not allowed, as well as the sign doesn't conform to the code. Staff recommends approval for
two years with conditions.
B. Applicant Presentation
Osama Salem, 5220 Corn Valley Dr., Arlington, TX, stated that he started his business about nine months
ago. He said he made a list of customers stating that they are okay with him doing business at that
location as well as the church located across the street. He said that he leases from the gas station owner
and that he abides by the state regulations. He said the reason he has the signs is because when he
originally applied for the Certificate of Occupancy it was approved for light mechanic, oil changes, and
inspections but has no arguments about conforming.
C. Public Hearing
No one registered to speak.
D. Applicant Response
No one registered to speak so there was no response.
E. Staff Response and Summary
There was no applicant response so there was no staff response.
F. Action by the Board of Adjustment
Mr. Madrid made a motion to approve the request for a special exception for a period of two years, with
the following conditions:
1. Parking must be on paved surfaces only, and all parking for the auto inspection station (the
required two spaces, plus any other parking spaces used by the auto inspection station or its
customers) must be striped within sixty (60) days of the special exception being granted.
2. Parking for this use shall not impede the flow of onsite traffic for the convenience store.
3. No repairs are permitted as part of the auto inspection business.
4. Hours of operation shall be restricted to between 7 A.M. and 7 P.M.
5. Violation of these conditions is grounds for revoking the special exception and /or certificate of
occupancy.
6. The applicant shall apply for a renewal of the special exception two years after the date the special
exception is granted. If the applicant does not apply for and receive another special exception, the
special exception granted under case BOA 14 -07 shall expire.
The motion was seconded by Mr. Vader and passed with all in favor.
VII. REPORTS /ANNOUNCEMENTS
There were no reports or announcements.
VIII. ADJOURNMENT
Mr. Madrid motioned to adjourn. The motion was seconded by Mr. Young and passed with all in favor.
The meeting adjourned at 7:28 P.M.
Rick Adams, Chair
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Katherine Rountree, Board Secretary
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