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2016_07.05 BOA-BBA MinutesBOARD 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 Brian Cassad Jeff Madrid X Patrick Vader X Martin Youn Altemates 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. MINUTES APPROVAL 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 30 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. C4 1?4< J n CIO, Chair q• (S - (('0 Date ST. - R � Roberts, Board Secretary �- CO- 1( Date