2002_01.08_BOA Minutes
MINUTES OF
CITY OF KENNEDALE
BOARD OF ADJUSTMENT –January 8th, 2002
City Hall - 7:00 PM
PUBLIC HEARING
John Berry called the Public Hearing to order at 7:00 p.m.
Members present were John Berry, Steve Hayes, Robert Mundy,
Charles Gray, Charles Robeson and Brian Cassady. Art
Harrelson and Benton Fly were absent. Staff present were;
Dave White, Projects Manager and B.O.A Secretary, Ted Rowe
City Mgr. Charles Robeson moved up to voting member to
replace Art Harrelson
PUBLIC HEARING ITEM NO. 1 –CASE #BOA02-01: Request to grant
a variance from the height restriction for an accessory
building as required by City Code Section 17-405, on Track 6
and 6b of the TF Rodgers Survey Abstract 1363, as requested
by Steve Rod property owner. Steve Rod addressed the Board,
and wanted to acknowledge the signed letter from the
adjoining property owners. He noted that he visited with
each owner and encountered no objections.He stated it was
the only place on the property that was flat with no trees.
Robert Mundy asked what the upper boundry needed to be, and
Steve replied 22 feet would be enough. Steve also explained
that the neighbors on lot 23 have a natural canopy of trees
that will mostly block the view of the building.
PUBLIC HEARING ITEM NO. 2 –Case # BOA02-02: Request to grant
a variance as required by City Code Section 17-405, from the
front yard setback requirements in Old Town on Lot 4 Block
28 The City of Kennedale Addition, as requested by Albert
Soto property owner.Albert Soto addressed the Board. Stated
he didn’t know a permit was required because he was
replacing an old porch.Charles Robeson asked how much larger
the new porch was than the old one. Albert stated that the
porch is longer but not wider, therefore it doesn’t encroach
into the setback any more than the old one. Bob Patterson
spoke on behalf of the Soto’s and stated he thinks the new
porch is good, and he didn’t know that you needed a permit
to replace an old porch.
John Berry closed the Public Hearing portion of the meeting
at 7:10 p.m.
APPROVED:
_________________________
Chairman, John Berry
ATTEST:
_____________________________
Board of Adjustment Secretary
REGULAR MEETING
John Berry called the Regular Meeting to order at 7:11 p.m.
Members present were John Berry, Steve Hayes, Robert Mundy,
Charles Gray, Charles Robeson and Brian Cassady. Art
Harrelson and Benton Fly were absent. Staff present were;
Dave White, Projects Manager and B.O.A Secretary, Ted Rowe
City Mgr. Charles Robeson moved up to voting member to
replace Art Harrelson
AGENDA ITEM NO. 1 -APPROVAL OF MINUTES OF THE PUBLIC HEARING
AND REGULAR MEETING OF October 2nd, 2001.
Steve Hayes made a motion to approve the minutes of the
Public Hearing and Regular Meeting held on October 2nd,
2001. With the corrections noted. Brian Cassady seconded the
motion. Motion carried with all in favor.
AGENDA ITEM NO. 2 –CASE #BOA02-01: : Request to grant a
variance from the height restriction for an accessory
building as required by City Code Section 17-405, on Track 6
and 6b of the TF Rodgers Survey Abstract 1363, as requested
by Steve Rod property owner.
John Berry believes it would set a precedent to approve as
is, he see’s two options, either turn down the request or
approve it with restrictions. Steve Hayes asked if this lot
was unusual. Charles Robeson asked if this lot should be
considered different from other R-2 zoned lots. Staff
reports that there are many lots this large thru out the
City. Brian Cassady comented that esthetics were important
in this setting.Gray asked if the requirements were the same
for all accessory buildings that are not attached.Berry
stated 29 feet was excessive 22 feet would be more
acceptable, and he would like to see it moved to the South
property line. Mundy stated that a more sloping roof looked
better on a taller building, also Board could maintain the
right to approve the design. Robeson would also prefer it be
moved to the South. Perry Hoover spoke on Steve Rods behalf
and stated that the southern area of the Rod property was
not a good location due to the sloping terrain and drainage.
Steve Rod stated it would be a workshop-storage barn, no
animals. Rod said the building would be about 40x45.Gray
asked if the accessory building the Board approved in
Raceway Estates was also in R-2 zoning. Staff replied that
it is R-2. Hayes believes this is a more agricultural
setting, therefore more appropriate for this type of Barn.
John Berry made a motion to approve not to exceed 22 feet in
height and to relocate to the South property line, also to
provide plans to the BOA prior to construction. There was no
second so Berry withdrew the motion.
Steve Hayes made a motion to accept with the conditions that
it not exceed 22 feet in height, that it not be any closer
than 22 feet from the North property line. Brian Cassady
seconds. Charles Robeson votes for, all others vote against,
motion fails.
Steve Hayes amends the motion to state, Not to exceed 22
feet in height, not to be any closer than 22 feet from the
North property line and that the design follow closely the
examples provided in Exibit B. Brian Cassady seconds.
Steve Hayes, Brian Cassady, Charles Gray and Charles Robeson
vote for. John Berry opposes, the amendment passes.
Steve Hayes, Brian Cassady, Charles Gray and Charles Robeson
vote for. John Berry opposes, the motion passes.
AGENDA ITEM NO. 3 – CASE #BOA02-02: Request to grant a
variance as required by City Code Section 17-405, from the
front yard setback requirements in Old Town on Lot 4 Block
28 The City of Kennedale Addition, as requested by Albert
Soto property owner. John Berry had to recuse himself
because he owns property within 200 feet, Steve Hayes moves
up to Chairman. Robert Mundy is appointed voting member for
John Berry. Mundy asks if the new porch has the same
encroacment into the setback as the old porch. Hayes asks if
the old porch was in disrepair. Gray states that the porch
cant meet the required setback because the house doesn’t
meet the setback. Robeson states that the new porch is much
nicer than the old porch. Cassady states that the homeowners
should be able to have a front porch on their house. Hayes
states that not getting a permit is not the issue, you set
precedence if the variance is given. Robeson states again
that the porch is much nicer now than before. Charles
Robeson makes a motion to grant the variance, Robert Mundy
seconds. All vote in favor, none opposed. Motion passes.
AGENDA ITEM NO. 4 – STAFF COMENTS. Charles Gray asked the
status of the BOA case that had been continued at the last
meeting. Staff responded that the property had been re-
platted but no other information was available.
Motion to Adjourn made by Steve Hayes, seconded by Brian
Cassady. All in favor. Regular meeting adjourned at 7:47pm
APPROVED:
________________________
Chairman, John Berry
ATTEST:
_____________________________
Board of Adjustment Secretary