Loading...
2021_10.12 BOA - Approved Minutesic KENNEDALE Board of Adjustment wwwxl tyofken n eda lexom BOARD OF ADJUSTMENT MINUTES REGULAR MEETING I OCTOBER 12, 2021 AT 6:00 PM CITY HALL COUNCIL CHAMBERS, 405 MUNICIPAL DRIVE I. CALL TO ORDER Jeff Nevarez, Chair called the meeting to order at 6:02 p.m. II. REGULAR SESSION II. ROLL CALL Present: Azam Shaikh Place 1, Jeff Nevarez Place 2, Kelli Rod Place 3, Thelma Kobeck Place 4, Lana Sather Place 5, Patrick Vader Alternate Place 9; Myron Jones, Alternate Place 8 Absent: Jeremy Johnston Alternate Place 6, Alternate Jessica Virnoche Place 7. Staff: Planning Consultant Chance LeBlanc, Board Secretary Leslie Galloway, III. SWEARING IN OF SPEAKERS IV. VISITOR AND CITIZEN FORUM No speakers. V. REPORTS AND ANNOUNCEMENTS Leslie Galloway, BOA/BBA secretary announced that Bark in the Park is October 16"', Public Safety Open House, will be held on October 23rd Trunk or Treat will be held on Saturday, October 30" in Town Center. Chair Jeff Nevarez announced that Delaney Elementary will be holding Trunk or Treat as well on Saturday. In addition, Kennedale's Youth Theatre in the Park be doing a play in Town Center next month named Judy B. Jones VII. MINUTES APPROVAL A. Consider approval of the minutes from the May 11, 2021 Regular meeting Motion To Approve. Action Approve the minutes from the May 11, 2021 regular meeting. Moved By: Azam Shaikh Seconded By Kelli Rod Motion approved unanimously. Amended Motion was made by Azam Shaikh with one correction that Kelli Rod was not available. Seconded the amendment by Kelli Rod. Amended motion was approved unanimously. VIII. DECISION ITEMS A. CASE #BOA 21-02 — to hold a public hearing and consider action on a request for a special exception use by J. Prause for the special exception use of Outdoor Storage — Commercial and Industrial as required by Section 6.2 of the Unified Development Code for 1517 Gilman Road, Abstract 1476, Tract 31 K1 F, 31 K3A, 31 U, David Strickland Survey, City of Kennedale, Tarrant County, Texas Chance LeBlanc our planning consultant shared a presentation on 1517 Gilman Road that was previously heard but owner Mr. Prause felt incorrect information on the previous hearing made the decision to deny. There were several inaccuracies that needed to be clarified, including location of residence and zoning of area. Chance gave an overview and updated information for this case. The future land use maps show his address to be zoned Industrial. Public Hearing opened and homeowner Jefferey Prause spoke. Jefferey Prause spoke to the Board on his intentions of the property use and explained that the traffic will be light since his auction online. One day or two before auction interested parties can come and inspect the product at his property. Operation hours are 8:00 a.m. to 5:00 p.m. weekdays Public hearing closed. Chair Nevarez did let the Board know that Mr. Jefferey Prause did reach out to him as he being Chair. Mr. Nevarez did not offer any opinions but referred him to Councilmember Gary Mitchell. Motion To Approve Action. Approve #BOA 21-02 for a special exception use of Outdoor Storage — Commercial and Industrial as required by Section 6.2 of the Unified Development Code for 1517 Gilman Road Moved By Jeff Nevarez Seconded By Thelma Kobeck. After further discussion the Motion To Amend Action Amend the special exemption to be valid for 2 years. Amended Motion Moved By Jeff Nevarez, Seconded By Shaikh Motion passes unanimously. B. CASE #BOA 21-08 — to hold a public hearing and consider action on a request for a special exception use by Trustees — United Methodist Church of Kennedale (Boy Scouts Association Troop 35) for the special exception use of Change of Land Use to "Community Orientated Cultural Facility" as required by Section 4.2 of the Unified Development Code for 190 W. Broadway Street, 210 W. Broadway Street, and 220 W. Broadway Street, City of Kennedale Addition Block 48, Lots 3-8, City of Kennedale, Tarrant County, Texas Chair Nevarez relayed to the Board that he has been contact regarding #BOA 21-08 and since staff storages at City Hall this special exception and this case is complicated. Chance LeBlanc our planning consultant explained that the Boy Scouts would like to build a 30 x 24 storage on their lot; currently the lot is zoned OT-1 which does not allow the use of the Boy scout building is which needs to be community cultural facility. Right now, it is currently legal non -conforming. It was being used before the zoning took place so it can stay that use until it asks for any type of building permit or alterations to the building. In order to build the 30 x 24 storage hey are seeking a special exemption use for the use of the land to be used as community cultural facility. Discussion began. Member Kobeck made comments that were inaudible. Chair Nevarez stated that the Boy Scouts moved forward and was aware that the Board does not like that but citing city staff shortages and time issue and beg our forgiveness. Member Vader spoke again inaudible. Jim Fountain with the Boy Scouts organization discussed why they proceeded without approval from the City. Mr. Fountain stated they are a non-profit and rely on donations and with the demise with City staff and rising costs they proceed. Lamar Saxon with the Boy Scouts who resides at 1022 Chandler came to speak regarding the ownership of the property. The property is owned by the local chapter of the Boys Scouts as well as parcels 8, 6,5,4, and 3 are owned by Hurst Branch of Boy Scouts of America and other parcels are owned by the Methodist church. Mr. Saxon also reached out to TAD and they cannot explain but the information is in their old system and it can not be retrieved. They are still in the process of getting the deeds to the various people. The shed was constructed without a permit and are asking forgiveness. Mr. Lamar explained that no conflict of ownership is questioned. Mr. Vader spoke but it was inaudible. Mr. Lamar explained the shed will only be for storage, no motorized vehicles just the Boy Scout trailer and other supplies. Public Hearing opened Pastor Nelda Loraine spoke on behalf of the Methodist church and stated they are the Charter organization with the Boy Scouts and they are the Boys Scouts and supports the building of the storage shed. After some discussion again inaudible. Motion To Approve. Action To approved #BOA 21-08 special exception use by Trustees — Unite Methodist Church of Kennedale (Boys Scouts Association Trop 35) for the special exception use of Change of Land Use to Community Orientated Cultural Facility Moved By Azam Shaikh Seconded By Thelma Kobeck. Motion passes 5-0-1 Chair Nevarez abstained. IX. EXECUTIVE SESSION Pursuant to Texas Government Code §551.071, the Board reserves the right to adjourn into Executive Session at any time during this meeting to discuss posted Executive Session items or to seek legal advice from the City Attorney on any item posted on the agenda. X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION, IF NEEDED XI. ADJOURNMENT Motion To Adjourn. Action Adjourn Moved By: Azam Shaikh Seconded By Kelli Road. Motion passes unanimously. Chair Nevarez adjourned the meeting at 6:55 p.m. APPROVED; i ATTEST: CHAIR, Azam Shaikh ROSE ERICSON OARD SECRETARY