01/08/1987, Public Hearing Meeting MinutesPage 1458
KENNEDALE CITY COUNCIL
PUBLIC HEARING
JANUARY 8, 1987 7:15 Pm.
The meeting was called to order by Mayor Radakovich with Roll
Call showing all Councilmembers present at 7:17 Pm.
Public Hearing ~~l- Notice of Appeal by Mr. Don Hansen on Decision
by Planning and Zoning Commission to deny request for building permit.
Mr. Ned Webster, 1400 W. Abrams St., Arlington, Texas, attorney
for Mr. Hansen addressed the Council. Mr. Webster explained to Council
that Mr. Hansen had applied for a building permit to build a storage
garage for boats on Lot 1 & 2, Block 1, Spacesaver Southwest Addition.
Mr. Webster stated that storage garages were allowed in "F" Zoning
District and that the property is zoned "F". He states that the term
storage garages are defined as storage of self propelled vehicles
and that is were the disagreement arises.
Mr. Webster cites the case of McElmore vs. the State of Texas,
Court of Appeals, where he cites the courts defined the term vehicle
as: "Vehicle is any devise or contrivance for carrying or conveying
persons or objects, including land conveyance, vessels, aircraft and
spacecraft. Thus a motor propelled vehicle is any devise or contrivance
for carrying or conveying, persons or objects, that is motor propelled
including motor propelled boats or aircraft."
Using this defination of vehicle, Mr. Webster stated, We think
that this is pretty clear and we ask that you reverse the decision
of the Planning and Zoning Commission and that this particular building
permit be issued for the purposes requested."
After the presentation by Mr. Webster, several Councilmen asked
questions regarding the previous requests by Mr. Hansen to place similar
operations in this same area. There were questions regarding the
building type and hours of operation. Council discussed the purpose
of this hearing as only to determine the term "vehicles" and the decision
of the Planning and Zoning Commission.
Mr. John Mallory addressed the Council and was opposed to the
use of this land by Mr. Hansen for storage facilities for boats.
Council adjourned this part of the public hearing to consider
the next agenda item.
Public Hearing 4~2- Proposed "E-1" Zoning District for Cemetery, Mortuary,
Funeral Homes and attendant related business use.
Mr. Norman Lassetter of Emerald Hills Memorial Park has requested
Page 1459
that the present cemetery be rezoned from "A" Single Family to the
new "E-1" Commercial District. At current time, there is no zoning
classification for cemeteries or other related business under the
City Code. He requests that all property owned by Emerald Hills be
considered under this "E-1" zoning, including that tract of land that
Planning and Zoning disapproved in their recommendation.
Mayor Radakovich read the phone response of Herman Boswell,
property owner located within 200 feet, as having no objections to
the current area designated as Emerald Hills, but he wished that no
expansion occur.
Dailey Taylor, 100 Oakridge Trail, responsed that he was in
favor of the rezoning, thus allowing the community to-know of the ,future
growth of the cemetery.
The Council adjourned the public hearings at~7:52 Pm.~on motion by
Mr. Kirkpatrick and seconded by Mr. Mitchell. Motion carried.
Approved:
~~ (S~
yor Steve Radakovich
Attest:
Gala Kirk, y retary
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