2016_08.02 BOA Packet ic
KENNEDALE
Board of Adjustment
www.cityofkennedale.com
BOARD OF ADJUSTMENT & BUILDING BOARD OF APPEALS
AGENDA
REGULAR MEETING
August 2, 2016
CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE
REGULAR SESSION - 7:00 PM
I. CALL TO ORDER
II. ROLL CALL
III. SWEARING IN OF SPEAKERS
IV. MINUTES APPROVAL
A. Consider approval of minutes from July 5, 2016 Board of Adjustment meeting
V. VISITOR/CITIZENS FORUM
At this time, any person with business before the Board of Adjustment not scheduled on the
Agenda may speak to the Board, provided that an official `Speaker's Request Form'has been
completed and submitted to the Board Secretary prior to the start of the meeting. All
comments must be directed towards the Chair, rather than individual board 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.
VI. REGULAR ITEMS
A. CASE # BOA 16-04 to receive comments and consider action on a request by Ned
Webster for a Variance to City Code Section 17-405, Zoning districts generally, to allow
encroachment into side setback by 15 inches in an "R-2" Single Family district at 937 Little
School Rd, more particularly described as Rocking H Ranch Addn Lot 1 Blk 1.
VII. REPORTS/ANNOUNCEMENTS
A. Update on CASE # BOA 15-05 (request by James Vick for a Special Exception to allow
a welding shop in Sub-District 4 of the Old Town zoning district at 537 W Kennedale Pkwy,
more particularly described as Woodlea Acres Addition Block 2 Lot 11 R) -- postponement
requested by the applicant
VIII. ADJOURNMENT
In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable
accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking
spaces for disabled citizens are available. Requests for sign interpreter services must be made forty-eight(48) hours
prior to the meetings. Please contact the City Secretary at 817.985.2104 or(TDD) 1.800.735.2989
CERTIFICATION
l certify that a copy of the August 2, 2016, Board of Adjustment & Building Board of Appeals agenda was posted on
the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of
Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said agenda
was posted at least 72 hours preceding the schedule time of said meeting, in accordance with Chapter 551 of the
Texas Government Code.
Rachel o e s, Board Secretary
KENNEDALE
Board of Adjustment
www.cityofkennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS
Date: August 2, 2016
Agenda Item No: MINUTES APPROVAL - A.
I. Subject:
Consider approval of minutes from July 5, 2016 Board of Adjustment meeting
II. Originated by:
Katherine Rountree, Permits Clerk
III. Summary:
Consider approval of minutes from July 5, 2016 Board of Adjustment meeting
IV. Recommendation:
Approve
V. Alternative Actions:
VI. Attachments:
1. 107.05.2016 BOA Minutes 107.05.2016 BOA Minutes Final.docx
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KENNEDALE
Board of Adjustment
www.cityoWennedale.com
BOARD OFADJUSTMENT & BUILDING BOARD OFAPPEALS
MINUTES
REGULAR MEETING
July 5, 2016
CITY HALL COUNCIL CHAMBERS,405 MUNICIPAL DRIVE
REGULAR SESSION -7:00 PM
I. CALL TO ORDER
Present? Commissioner
X John Clark
X T Brian Cassady
Jeff Madrid
X Patrick Vader
X Martin Young
Alternates
X Jeff Nevarez
X Lana Sather
Vacant
There was a quorum.
Staff present: Rachel Roberts (city planner); Katherine Rountree (board secretary).
II. ROLL CALL
Mr. Clark called the meeting to order at 7:00 PM.
III. SWEARING IN OF SPEAKERS
Ms. Rountree swore in those who wished to speak.
IV. MINUTESAPPROVAL
A. Consider approval of minutes from May 3, 2016 Board of Adjustment meeting.
Mr. Cassady motioned to approve the minutes. The motion was seconded by Mr. Vader and
passed with all in favor.
V. VISITOR/CITIZENS FORUM
No one signed up to speak.
VI. REGULAR ITEMS
A. CASE# BOA 16-03 to receive comments and consider action on a request by Jose
Jaime for a Special Exception as required by City Code Section 17-421, Schedule of uses
and off-street parking requirements, to allow a salvage yard in an "I" Industrial district at
6940 E Kennedale Parkway, more particularly described as W H Hudson Addn Lot 1.
Applicant Presentation
Jose Jaime said that he had to renew his special exception because it was only granted
for a year.
Staff Presentation
Ms. Roberts said the board is familiar with this case. She said the board had a condition
from the last special exception for the applicant to establish a fire lane and to pave it in
asphalt or concrete. She said the applicant had met with fire department staff to make
sure the proposed fire lane was in the right location and right size, and the fire department
staff had told him that he did not need to pave it with asphalt or concrete. She said that
there have not been issues and recommended granting another special exception,
continuing the conditions on the hours of operation and lighting. She also recommended
that if the applicant had reports from environmental consultants, the board require Mr.
Jaime to submit copies of the reports. She went over the remaining standards that must
be met to be granted a special exception.
Applicant Response
The applicant says that he was going to do the asphalt or concrete but the Fire
Department said that he didn't have to do it and could keep gravel. The board members
discussed the matter and determined that Fire Department didn't have the authority to
approve a gravel fire lane.
Staff Response and Summary
Staff recommended approval with the following conditions:
1) The special exception shall be granted for a maximum of three (3) years, to expire in
May 2019.
2) Outdoor storage areas must be maintained in good condition, with adequate gravel fill
in place at all times, with what is considered adequate to be determined by the fire
department.
3) No outside storage shall be permitted on grass or other areas that are unpaved or
without gravel.
4) Any heavy-duty equipment or other equipment that may create loud noises shall be
prohibited from use before 8 AM or after 8 PM.
5) If the business adds or changes any exterior lighting on site, the lighting must be kept to
a level that is not visible to nearby residential areas
Motion by the Board of Adjustments
Mr. Vader motioned to approve with the following conditions.
1) The special exception shall expire in one (1) year, to expire in May 2017.
2) All outside storage shall be maintained in good condition at all times.
3) No outside storage shall be permitted on grass and/or unpaved areas.
4) Any heavy-duty equipment or other equipment that may create loud noises shall be
prohibited from use before 8 AM or after 8 PM.
5) If the business adds or changes any exterior lighting on site, the lighting must be kept to
a level that is not visible to nearby residential areas.
6) The applicant shall install an asphalt fire lane within ninety (90) days of the approved of
the special exception.
The motion was seconded by Mr. Cassady and passed with all in favor.
B. CASE# BOA 16-04 to receive comments and consider action on a request by Ned
Webster for a Variance to City Code Section 17-405, Zoning districts generally, to allow
encroachment into side setback by 15 inches in an "R-2" Single Family district at 937 Little
School Rd, more particularly described as Rocking H Ranch Addn Lot 1 Blk 1.
Applicant Presentation
Ned Webster, representing Perry & Lorna Hoover, went over the background of the
accessory building. He said that the first survey the Hoovers had was incorrect and the
Hoovers purchased some property from the neighbor to try and fix the setback problem.
He said every adjoining lot to the property has not had a problem with the request. He
went over the staff report and addressed his concerns. He said that the condition was not
self-created and that there is not a negative impact. Perry Hoover addressed concerns
about the encroachment.
Staff Presentation
Ms. Roberts said that the problem was self-created since the Hoovers never pulled a
permit for the location so city staff could let them know setback regulations. She said that
Mr. Hoover had been a representative on the BOA and on City Council and should have
been aware of setback regulations and that a permit was required. She said by approving
the variance, it would set precedent. She said that the Hoovers had met with the city to
address the unpermitted buildings and they have since applied for permits but this is the
only one that was denied.
Public Hearing
Doug Jackson, 802 Shady Creek Dr. Kennedale, TX 76060, said that the Hoovers have
only improved the property.
Pam Rives, 929 N. Little School Rd. Kennedale, TX 76060, said that the Hoovers have
done everything they have been asked to do. She said she would sell the additional 15
inches to them if she needed to.
Applicant Response
Mr. Webster said that under his experience, the Hoovers would have to re-plat the
property in order to have a permit issued.
Staff Response and Summary
Staff recommended denial.
Motion by the Board of Adjustments
Mr. Vader motioned to table the case for 30 days to see if the problem is rectified by the
neighboring property owner selling the 15 inches needed. The motion was seconded by
Mr. Cassady and passed with Mr. Young in favor while Ms. Sather and Mr. Clark were
opposed.
VII. REPORTS/ANNOUNCEMENTS
Summer Beginner Birding Workshop will be at City Hall on July 23, 2016 at 8 AM.
The Historical Society is having a picnic at TownCenter Park on July 301h at 6:30 PM, and
lemonade and ice cream will be provided.
The library is holding a Summer Reading Program.
VIII. ADJOURNMENT
Mr. Young motioned to adjourn. The motion was seconded by Ms. Sather and passed with all in
favor.
The meeting adjourned at 7:55 PM.
KENNEDALE
Board of Adjustment
www.cityofkennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS
Date: August 2, 2016
Agenda Item No: REGULAR ITEMS - A.
I. Subject:
CASE # BOA 16-04 to receive comments and consider action on a request by Ned Webster for a
Variance to City Code Section 17-405, Zoning districts generally, to allow encroachment into side
setback by 15 inches in an "R-2" Single Family district at 937 Little School Rd, more particularly
described as Rocking H Ranch Addn Lot 1 Blk 1.
II. Originated by:
Rachel Roberts, City Planner
III. Summary:
At the July meeting of the Board of Adjustment, the board voted to continue the case until the August
meeting in order to allow the property owners time to pursue the option of acquiring additional land
from their neighbor, which could resolve the property owners' setback problem.
During the July meeting, Mr. Webster (the applicant and the Hoovers' attorney) stated that the bird
house had been installed based on an incorrect survey, and the Hoovers had a hardship that was not
self-created. While the Hoovers may have had an incorrect survey (a copy of which has not been
provided to the board), because the building was constructed without a permit, there is no way to
determine whether the Hoovers intended to meet the setback regulations or not. Had a permit been
issued for the building, staff would be able to vouch for the Hoovers' intent and affirm that they thought
(and staff thought) the setback regulations had been met. However, because no permit was obtained,
whether the Hoovers intended to meet the setback regulations cannot be verified.
In addition, the board has precedent for denying variance requests in cases where setback regulations
have not been met, even when the setback regulation was violated unintentionally. In these cases, the
applicants were not considered to have a hardship or were considered to have a self-created hardship.
Case # BOA 06-04, request for a variance from the side yard setback for a storage building
constructed without a permit. The board denied the variance.
Case # BOA 04-06, request for a variance from the side yard setback for a storage building
constructed within the required side yard setback. The board denied the variance. (A permit may not
have been required--this is not clear from the record--but the building was installed without the
property owner verifying it met the setbacks.)
Case # BOA 01-04, request for a variance from the rear yard and side yard setbacks for a storage
building constructed without a permit. The board denied the variance.
Case # BOA 00-06, request for a variance from the side yard and rear yard setbacks for a carport built
without a permit. The board denied the variance.
Case # BOA 99-01, request for a variance from the side yard setback for an accessory building, when
the contractor adjusted the slab location and installed it within the required setback without the
property owner's knowledge. The board denied the variance. (Note: this request was made by board
member Mr. Cassady).
The staff recommendation from last month's meeting is unchanged; we recommend the request for a
variance be denied.
The staff report from last month's meeting is included in your packet for your reference. We have not
yet received an update from Mr. Webster on whether the Hoovers were able to acquire additional land.
IV. Recommendation:
V. Alternative Actions:
VI. Attachments:
1. BOA 16-04 map showing site BOA 16-04 map of re uest. df
2. BOA 16-04 aerial view 1 BOA 16-04 aerial view 1 (compressed file size . d
3. BOA 16-04 aerial view 2 BOA 16-04 aerial view 2 (compressed file size . d
4. BOA 16-04 surrounding land uses BOA 16-04 surrounding land uses. df
BOA 16-04 zoning on surrounding properties BOA 16-04 zoning.pdf
Site plan, BOA 16-04 BOA 16-04 site plan Hoover minor lat . df
BOA 16-04 application BOA 16-04 application.pdf
BOA 16-04 original staff report (July 2016 BOA 16-04 staff report 6-30-2016. df
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STATE USE CODES
A RESIDENTIAL F COMMERCIAL/INDUSTRIAL
Al Single-Family F1 Commercial
A2 Mobile Homes F2 Industrial
A3 Condominiums F3 Billboards
A4 Townhomes
A5 Planned Unit Development (PUD) G OIL/GAS/MINERAL RESERVES
A9 Interim use IG11 Oil/Gas/Mineral Reserves
B RESIDENTIAL J UTILITIES
B1 Multi-Family J1 Water Systems
B2 Duplex J2 Gas Companies
B3 Triplex J3 Electric Companies
B4 Quadraplex J4 Telephone Companies
J5 Railroads
C VACANT PLATTED LOTS/TRACTS J6 Pipelines
C1 Residential J7 Cable Companies
C2 Commercial J8 Other
C3 Rural
C6 Vacant Exempt (Right-of-Way) L COMMERCIAL/INDUSTRIAL
L1 Commercial BPP
D ACREAGE L2 Industrial BPP
D1 Ranch Land
D2 Timberland M MOBILE HOMES
D3 Farmland M2 Private Aircraft
D4 Undeveloped M3 Mobile Home
M4 Other Tangible PP
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E1 House + Limited Acres O RESIDENTIAL INVENTORY
E2 Mobile Home + Limited Acres 01 Vacant
E3 Other Improvements 02 Improved
Standard Distribution Data, 2013 Appendix C
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Law Office of Ned Webster, P.L.L.C.
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1304 West Abram St.,Suite 250^ Arlington,Texas 76013
Telephone: (817)459-2440— Fax: (817)459-2480
ned @nedwebsterlaw.com
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May 25, 2016
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Zoning Board of Adjustment
City of Kennedale, Texas j
405 Municipal Drive {
Kennedale, Texas 76060
Re: Variance request Lot 1, Block 1, Rocking H Ranch Addition
Dear Board Members,
I represent Perry and Lorna Hoover,the owners and applicants for the above referenced
variance. This letter is written to provide a statement of facts and reasons justifying such request
as required in accordance with the application requirements.
The structure in question has existed for a number of years. It together with other, minor,
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ancillary structures were built without building permits in the past on the property, as the owners
were unaware that such permits were required for such structures. Recently, the City Code j
Enforcement Department became aware of these matters and have required my clients to obtain
building permits for all of such structures. This they have endeavored to do, and have obtained
such permits for all such structures, with the exception of the subject matter of this request.
The structure was first constructed based upon a survey which was in error. The survey
upon which the property was actually purchased in 1995 reflected that the north and south
property lines were parallel. Upon recent review by another surveyor, it was determined that the
south property line was not parallel to the north property line, and that such fact placed the
structure within the side yard setback. Upon the recommendation of the second surveyor,the
owners purchased an additional 3000 square feet of property parallel to the south property line,
which they were told should rectify all setback encroachments. Upon the preparation of the plat
of the property however, it was determined that the structure still encroached into the setback by
15 inches.
As reflected in the attached letter from Ms. Roundtree,the owners can either tear down the
structure or move it 15 inches. The structure is on a concrete slab, and therefore moving it does
not appear to be a viable option. The hardship has not been self-created by the property owners,
nor is the hardship purely economic in nature. The adjacent owner to the south is not opposed to
this request, and such request would be in keeping with the spirit of the ordinance.
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We request that the strict provisions of Section 17-405(d) of the Zoning ordinance be
varied to allow this 15 inch encroachment by the structure.
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Sincerely,
Ned Webster
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www.rockigghh net
817-319-6350
On May 13, 2016, at 2:26 PM, Katherine Rountree <krountree @cityofkennedale.com> wrote:
Hello,
The following permits have been approved and ready for payment and pickup:
Dining Area: $241.25
Workshop: $156.25
Barn-Gameroom: $727.17
Carport: $156.25
Storage Building of 326 sq ft: $156.25
Total: $1,437.17
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The following permit has been denied:
Bird/Green House:The bird/green house was denied because it is too close to the
property line. The minimum requirement is 8 feet and the building encroaches I.T.
There are different ways to fix this. You can move the building the 1'3" to be at least 8'
from the property line, cut that portion of the building off, or remove the building.
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If you have any questions, please feel free to contact Sandra Johnson at 817-538-7359, j
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Thanks!
Xatherine Rountree
Permit Clerk
Permits and Planning Dept.
City of Kennedale j
405 Municipal Drive
Kennedale,TX 76060
P: 817-985-2133
F: 817-483-0182
krountree @cityofkennedale.com
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"The best preparation for tomorrow is doing your best today_." j
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KENNEDALE �
Development Services `5 p
www.cityofkennedale.com ; `,,r ✓
UN 2016
CITY OF KENNEDALE 3� ,
BOARD OF ADJUSTMENT L`
APPLICATION FOR VARIANCE
APPLICANT AND OWNER INFORMATION
SECTION 1. APPLICANT.
Name
Work Phone OR Home '
Please provide a phone number where we can reach you during regular business hours.
Mailing Address
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3
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SECTION 2.OWNER.
If the owner is the applicant, write "same as applicant"below and leave the rest of this section blank.
Name
j
Work Phone Wes, Home
Mailing Address
C,
E SECTION 3. PROPERTY INFORMATION.
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Property Location (Number and Street)
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405 Municipal Drive, l enned le, TX 76060 1 Telephone: 8 1 7-985-Z 130 1 Fax; 7-483-01
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z YEENNEDALE
Development Services
www.cityofkennedate.com
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Legal Description (Lot, Block, and Subdivision/Addition) j
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Note: Attach a metes and bounds description if the property is not platted.
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VARIANCE REQUEST
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Zoning District
City Code reference for requirements that creates need for variance
Describe City Code Requirement
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Describe variance requested
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A
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What hardship as been created?
p .�
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z
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405 Municipal Drive, Kennedale, TX 7 060 Telephone: 8 1 7-985-Z 130 Fax: 817-483-0 1
KENNEDALE
Development Services
www.cityofkennedale.com
What created the hardship? 1e
t
" .
V _ ,gyp
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I declare that the above is true and correct.
x Signature of-Applicant Date
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Required attachments
The following items must be submitted with your application and the required application fee.
1) Two SITE PLANS, drawn to scale, showing all lot dimensions, and the location and
dimensions of all existing and proposed lot improvements; and
2) A STATEMENT OF FACTS AND REASONS why the zoning regulations should not be
applied to the property in question and how the standards governing the Board's actions would
be satisfied; and
3) A STATEMENT from authorized city staff citing the reasons for refusing to issue a permit
under the plans submitted.
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405 Municipal Drive, Kenneclate, TX 76060 Telephone:817-985-2130 Fax. 7-483-0
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KENNEDALE
Board of Adjustment
www.cityofkennedale.com STAFF REPORT TO THE BOARD OF ADJUSTMENT
Date: July 5, 2016
Agenda Item No: REGULAR ITEMS (B)
I. SUBJECT
CASE # BOA 16-04 to receive comments and consider action on a request by
Ned Webster for a Variance to City Code Section 17-405, Zoning districts
generally, to allow encroachment into side setback by 15 inches in an "R-2"
Single Family district at 937 Little School Rd, more particularly described as
Rocking H Ranch Addn Lot 1 Blk 1.
II. SUMMARY
BACKGROUND OVERVIEW
Request Variance from side yard setback
Applicant Neb Webster, on behalf of Perry and Lorna Hoover
Location Little School Road, north of Woodland Ct and south of Shady Creek Dr
Surrounding Uses Single family residential (acreage lots and neighborhood-type lots)
Future Land Use Plan Designation Neighborhood/Open Space
Staff Recommendation Deny
STATUS CURRENT OF •
This property is zoned "R-2" single family residential, which allows accessory buildings as long as they
meet the required setbacks and other development restrictions. The required side yard setback for
accessory buildings is eight (8) feet.
The Hoovers purchased this property in the early 1990s. They obtained a permit to build the house in
1995. Additional buildings have been added over the years, which were added without the required
building permits, including the building for which a variance is requested. After prompting from city
staff, the Hoovers have applied for the required building permits.
Two of the accessory buildings along the south side did not meet the minimum side yard setback of
eight (8) feet, but the Hoovers were able to buy additional land from a neighbor, which added enough
distance to meet the side yard setback for one of the buildings. The other building, the bird house /
green house, still does not meet the setback requirement; therefore, the Hoovers are applying for a
variance for that structure.
NOTE: the animal pen shown on the north side of the property was built before the Hoovers bought
the property, so city staff is not requiring the Hoovers to obtain a permit for it.
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SURROUNDING • PERTIES & NEIGHBORHOOD
The property is located in a primarily residential area. The properties on either side and behind are also
zoned R-2. The properties immediately across the Little School are zoned Agricultural (see map).
REQUIREMENTS •
The Board of Adjustment is permitted to grant variances to the development regulations of the zoning
code such as minimum setbacks, lot width and lot depth, off-street parking, and maximum height.
Variances are permitted only where the literal enforcement of the provisions of the zoning code would
result in an unnecessary hardship, or where such variance is necessary to permit the reasonable
development of a specific parcel of land that differs from other parcels of land in the same district by
being of such area, shape or slope that it cannot be developed in a manner commensurate with the
development permitted upon other parcels of land in the same district.
In other words, in order to grant a variance, the variance applicant is required to demonstrate that the
property itself is unusually different enough from other properties in the same zoning district that it
can't be developed in the same way as other parcels in the same district, which creates a hardship. A
hardship cannot be of the applicant's own making, and it cannot be financial (e.g., the applicant can't
meet the development regulations simply due to the applicant's financial situation).
The board should consider the following questions in determining whether a variance request meets
this standard:
(1) is the request owing to a special condition inherent in the property itself;
(2) is the condition unique to the property for which a variance is requested;
(3) is the condition self-created;
(4) will a strict enforcement of the zoning ordinance create hardship above that suffered by
the general public; and
(5) will the hardship deprive the property owner of the right to use his property?
If you find the answers above demonstrate conditions favorable to granting a variance, the board
should also consider these questions:
(6) would granting the variance be contrary to the public interest; and
(7) is the request within the spirit of the ordinance and further substantial justice?
KUTTITM
(1) Is the request owing to a special condition inherent in the property itself?
No. The property is not smaller than other properties in the district, and is in fact much larger than the
minimum lot size, width, and depth required. The property does not have floodplain, unusual
topography or shape, or other factors that would make it difficult to develop the property under the
city's R-2 zoning district regulations.
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(2) Is the condition unique to the property for which a variance is created? J
As mentioned above, the property does not have a unique condition. It is approximately 180 feet
wide, which is much larger than the required 100-foot width for R-2 zoning districts, and over 900
feet deep. The property has plenty of room for the Hoovers to have built the bird house within the
requirements of city code.
(3) Is the condition self-created?
Yes. The Hoovers constructed the building without a building permit, and therefore without
confirmation that the building met the required setback.
(4) Will a strict enforcement of the zoning ordinance create a hardship above that suffered
by the general public?
No. Other owners of property within the R-2 zoning district must also meet the setback requirements
to the R-2 zoning district, including property owners whose lots are much smaller in size and only 100
feet wide.
5 Will the hardship deprive the property owner of the right to use his property?
( ) p p � p p tY g p p tY?
No. The property is already developed, and the Hoovers have enjoyed the full use of their property
already, including residing in the house on-site and using their property for special events.
(6) Would granting the variance be contrary to the public interest?
The property owner to the north has told staff she is in support of granting the variance, but her
residence is not close to the bird house. It may be that the neighboring property to the south would
not be negatively affected by granting the variance, since it is a large site and the house is a good
distance from the bird house, but this depends on whether the bird house being used in a way that
does not create excessive noise or other nuisance conditions. However, even if the neighbor to the
south does not object to the variance, it is contrary to the public interest to grant a variance when no
hardship has been identified and when a property owner chose to construct a building without
obtaining the required permits first and without verifying the structure met the required setbacks.
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(7) Is the request within the spirit of the ordinance and further substantial justice?
No. The bird house was constructed without a permit, and no hardship has been proven. Moreover,
Mr. Hoover is a former member of the Board of Adjustment and a former City Councilman, so he was
in a position to know that the city requires building permits for accessory buildings and to understand
setback regulations.
STAFF RECOMMENDATION
Will the literal enforcement of the provisions of this article result in an unnecessary hardship?
No. The Hoovers are not under an unnecessary hardship.
Based on the above analysis, staff recommends denying the request for a variance.
ACTION BOARD OF
The board may grant or deny the request or postpone its vote until a later date. If you postpone your decision,
you should state in your motion when the case will be heard by the board again. Sample motions are provided
for your reference below. You are not required to use either of the motions provided, but your motion should
state why you are granting or denying the request.
Approve: Based on the evidence and testimony provided, I find that the proposed request meets the
standards for a variance and make a motion to approve the requested variance.
Deny: Based on the evidence and testimony provided, I find that the proposed use does not meet the
standards for a variance and make a motion to deny the request.
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KENNEDALE
Board of Adjustment
www.cityofkennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS
Date: August 2, 2016
Agenda Item No: REPORTS/ANNOUNCEMENTS - A.
I. Subject:
Update on CASE# BOA 15-05 (request by James Vick for a Special Exception to allow a welding
shop in Sub-District 4 of the Old Town zoning district at 537 W Kennedale Pkwy, more particularly
described as Woodlea Acres Addition Block 2 Lot 11 R) -- postponement requested by the applicant
II. Originated by:
III. Summary:
The applicant has requested the case be postponed for one month.
IV. Recommendation:
V. Alternative Actions:
VI. Attachments: