2022_07.12 BOA Packet_____________________________
ROSIE Q. ERICSON, SECRETARY
BOARD OF ADJUSTMENT AGENDA
REGULAR MEETING | JULY 12, 2022 AT 5:30 PM
CITY HALL COUNCIL CHAMBERS | 405 MUNICIPAL DRIVE, KENNEDALE, TX 76060
I. CALL TO ORDER
To address the Board of Adjustment regarding an agenda item, submit a ‘Request to Speak’ form before the meeting
begins. Speakers are allotted three (3) minutes, must limit their comments to the subject indicated on the form, and
should address the Board of Adjustment as a whole, rather than individual members or staff. Pursuant to Texas
Government Code §551.071, the Board of Adjustment reserves the right to adjourn into Executive (Closed) Session
at any time during the meeting to seek legal advice from the City Attorney on any item posted on the agenda.
A. ROLL CALL
II. EXECUTIVE SESSION
The Board of Adjustment reserves the right to meet in Executive (Closed) Session at any time during the meeting
pursuant to the below cited sections of the Texas Government Code:
A.PURSUANT TO §551.071 — Consultation with the City Attorney pertaining to
any matter in which the duty of the City Attorney under the Texas Disciplinary
Rules of Professional Conduct may conflict with the Open Meetings Act,
including discussion of any item posted on the agenda, legal issues regarding
the Open Meetings Act, and the following:
III. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED
IV. REGULAR SESSION
A. SWEARING IN OF SPEAKERS
B. ITEMS FOR INDIVIDUAL CONSIDERATION
1. Consider approval of the May 10, 2022 regular meeting minutes
2.CASE # PZ 22-02 to receive comments and consider action on a request for
a variance by Alex Alkhazshvilly to permit a reduction in the minimum lot
width as permitted in the “AG” Agricultural District by Section 3.3 of the
Unified Development Code for 206 Falcon Crest Drive, portion of Lot 3B,
Block 2 situated in the Oliver Acres Subdivision, City of Kennedale, Tarrant
County, Texas
V. ADJOURNMENT
CERTIFICATION
I DO HEREBY CERTIFY THAT THE JULY 12, 2022 BOARD OF ADJUSTMENT AGENDA WAS POSTED INSIDE THE MAIN ENTRANCE
OF CITY HALL (405 MUNICIPAL DRIVE), IN A PLACE CONVENIENT AND READILY ACCESSIBLE TO THE GENERAL PUBLIC AT ALL
TIMES; AND THAT SAID AGENDA WAS POSTED AT LEAST SEVENTY-TWO (72) HOURS PRECEDING THE SCHEDULED TIME OF SAID
MEETING, IN ACCORDANCE WITH CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.
In compliance with the Americans with Disabilities Act (ADA), the City of Kennedale will provide for reasonable
accommodations for persons attending meetings. This facility is wheelchair accessible and accessible parking spaces
are available. Requests for sign interpreter services must be made forty-eight (48) hours prior to the meeting by calling
817-985-2104 or (TTY) 1-800-735-2989.
STAFF REPORT
to the Board of Adjustment
MEETING DATE: JULY 12, 2022
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM IV.B.
SUBJECT
ITEMS FOR INDIVIDUAL CONSIDERATION
ORIGINATED BY
SUMMARY
RECOMMENDATION
ATTACHMENTS
STAFF REPORT
to the Board of Adjustment
MEETING DATE: JULY 12, 2022
AGENDA ITEM NUMBER: INDIVIDUAL CONSIDERATION ITEM IV.B.1.
SUBJECT
Consider approval of the May 10, 2022 regular meeting minutes
ORIGINATED BY
SUMMARY
RECOMMENDATION
ATTACHMENTS
1. 2022_05.10 BOA Minutes - WM 2022_05.10 BOA Minutes - WM.doc
BOARD OF ADJUSTMENT MINUTES
REGULAR MEETING | MAY 10, 2022 AT 5:30 PM
CITY HALL COUNCIL CHAMBERS | 405 MUNICIPAL DRIVE, KENNEDALE, TX 76060
I. CALL TO ORDER
Chair Azam Shaikh called the meeting to order at 5:34 p.m.
A.ROLL CALL
PRESENT: Chair Azam Shaikh Place 1; Kelli Rod Place 3; Thelma Kobeck Place 4,
Patrick Vader Place 5, ABSENT: Jeff Nevarez Place 2, Myron Jones Alternate Place 8
Staff: Interim City Manager Darrell Hull; Community Development Director Elizzebeth Loomis,
Administrative Assistant Rosie Ericson Consultant: Chance LeBlanc with Dunaway Associates.
II. REGULAR SESSION
A.SWEARING IN OF SPEAKERS
B.ITEMS FOR INDIVIDUAL CONSIDERATION
1.Consider approval of the minutes from the October 12, 2021 regular meeting
Motion To Approve. Action Approve the minutes from the October 12, 2021 regular
meeting. Moved By: Vader Seconded By: Kobeck. Motion passes unanimously
2.CASE #BOA 22-01 — Public Hearing and consider action on a request for a
variance by JD Design & Developer, LLC to permit more than the allowable
impervious area as permitted by Section 6.3 of the Unified Development Code
for 801 Potomac Parkway, Lot 1, Block1 situated in the M.P. Land Survey,
Abstract 987, City of Kennedale, Tarrant County, Texas
The BOA held a lengthy discussion regarding this allowable impervious area;
which included 5 parking spaces and less green pace. The developer spoke
and shared his plans to the Board. It will be their first-time doing business in
Kennedale.
Public Hearing opened at 5:43 p.m.
No speakers at this time. Discussion among Board and developer.
Discussion and hearing closed at 6:27 p.m.
Motion To Approve Action: Approve JD Design & Developer, LLC to permit
more than the allowable impervious area as permitted by Section6.3 of the
Unified Development Code for 801 Potomac Parkway, Lot 1, Block 1 situated in
the M..P. Land Survey, Abstract 987, City of Kennedale. Motion By: Vader and
Seconded By Kobeck. Motion passes unanimously.
III. ADJOURNMENT
Motion To Adjourn Action Adjourn Motion Moved By Vader and Seconded by Rod.
Motion passes unanimously.
Chair Shaikh adjourned at the meeting at 6:33 p.m.
APPROVED: ATTEST:
_________________________________ _____________________________________
BOA/BBA Chair, Azam Shaikh Administrative Assistant Rosie Ericson
CASE # PZ 22-02 to receive comments and consider action on a request for a
variance by Alex Alkhazshvilly to permit a reduction in the minimum lot width
as permitted in the “AG” Agricultural District by Section 3.3 of the Unified
Development Code for 206 Falcon Crest Drive, portion of Lot 3B, Block 2
situated in the Oliver Acres Subdivision, City of Kennedale, Tarrant County,
Texas
FUTURE LAND USE MAP
STAFF REVIEW
STAFF REPORT TO THE BOARD OF ADJUSTMENT
Date: July 12, 2022
Agenda Item No:
I. SUBJECT
II. SUMMARY
BACKGROUND AND OVERVIEW
Request Variance request to allow for a residential lot width of 24’ instead
of the required 80’ lot width as per AG Zoning.
Applicant Alex Alkhazshvilly
Location 206 Falcon Crest Drive
Surrounding Uses Sing-Family Residential and Undeveloped
Surrounding Zoning R1 & R2 Residential & AG Agricultural
Future Land Use Plan
Designation Neighborhoods
Staff Recommendation Approve
CURRENT ST ATUS OF PROPERTY
The property is approximately 2 acres and is currently undeveloped.
SURROUNDING PROPERTIES & NEIGHBORHOOD
The property to the north consists of two existing houses. Along the east side of the property is large
tract of undeveloped land. The property along south is a 1-acre residential lot currently in construction.
To the west is an existing house.
The Future Land Use Plan indicates this property as Neighborhoods
RELATED GOALS FROM THE COMPHREHENSIVE LAND USE PLAN
Principle 2: Economic Prosperity. Promote Access to Housing.
Providing housing options for people of varying financial means and residential preferences.
Provide the regulatory framework and developer support to provide quality housing for residents.
CITY COUNCIL ENDS STATEMENTS AND GOALS
Well-planned community based on principles of connected city, economic prosperity, and a
thriving community.
ANALYSIS
Requirements for a Variance:
IS THE REQUEST OWNING TO A SPECIAL CONDITION INHERENT IN THE PROPERTY ITSELF?
Yes. The property is currently landlocked
IS THE CONDITION UNIQUE TO THE PROPERTY FOR WHICH A VARIANCE IS CREATED?
Yes. There are no current plans to extend Falcon Crest Drive, which would provide direct access.
IS THE CONDITION SELF-CREATED?
The property to the west was sold without having an access agreement executed. Even with an access
agreement, there would still be issues with the existing conditions and to connecting to Collett Sublett
Road.
WILL A STRICT ENFORCEMENT OF THE ZONING ORDINANCE CREATE A HARDSHIP ABOVE THAT
SUFFERED BY THE GENERAL PUBLIC?
Yes, the adjacent property owners have agreed to deed/sale a minimal portion of their property to
grant the direct access to Falcon Crest. Therefore, requiring the 80 ft. lot width would involve additional
property to be deeded/sold from the adjacent landowners.
WILL THE HARDSHIP DEPRIVE THE PROPERTY OWNER THE RIGHT TO USE HIS/HER PROPERTY?
Yes, lot is currently undevelopable without direct access to the public right-of-way.
WOULD GRANTING A VARIANCE BE CONTRARY TO THE PUBLIC INTEREST?
No. The variance will not have a negative impact on the public interests.
IS THE REQUEST WITHIN THE SPIRT OF THE ORDINANCE AND FURTHER SUBSTANTIAL JUSTICE?
Yes. To provide adequate access to a public right-of-way, as per the UDC, a waiver is necessary.
STAFF RECOMMENDATION
Based on the above analysis, staff recommends approval of the variance request
ACTION BY THE BOARD OF ADJUSTMENT
The Board of Adjustment may approval or deny the request for a variance.
Approval: Based on the information presented, I find that the request meets city requirements the
standards for a variance and make a motion to approve the requested variance.
Deny: Based on the information presented, I find that the proposed use does not meet
the standards for a variance and make a motion to deny the request.
Approve with Conditions: Based on the evidence and testimony provided, I find that
the proposed request meets the standards for a special exception and make a motion
to approve case BOA 22-02. with the following conditions (state conditions).
ArcGIS Web Map
7/5/2022, 11:58:39 AM 0 0.01 1:2,100
0.03
0.06 mi
Image
Red: Band_1
Blue: Band_3
TAD Parcels
0 0.02 0.04 0.09 km
Green: Band_2 City Limits City of Arlington, TX, City of Fort Worth, Tarrant County College, Texas Parks & Wildlife, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA
Web AppBuilder for ArcGIS City of Arlington, TX, City of Fort Worth, Tarrant County College, Texas Parks & Wildlife, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA | Tarrant Appraisal District |
ArcGIS Web Map
R2
PD
R3
AG AG
R1
R3 AG
AG AG
R1 R3
R3
R1
7/5/2022, 11:55:30 AM 0 0.04 1:6,027
0.09
0.17 mi
Image
Red: Band_1
Green:
Band_2 Blue:
Band_3
Zoning (View)
AG - Agricultural District
C2 - General Commercial District
R1 - Single Family Residential Distrct
0 0.05 0.1 0.2 km
Overlay Districts - Floodplain
Floodway
1% Annual Chance Flood Hazard
R2 - Single Family Residential District
R3 - Single Family Residential District
PD - Planned Development District
City of Arlington, TX, City of Fort Worth, Tarrant County College, Texas Parks & Wildlife, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, METI/NASA, EPA, USDA
Web AppBuilder for ArcGIS
City of Arlington, TX, City of Fort Worth, Tarrant County College, Texas Parks & Wildlife, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA | Tarrant Appraisal District |
R1
Course Bearing Distance
L1 S 87°15'15" W 50.10'
L2 N 00°18'24" E 44.72'
L3 S 49°38'32" E 65.35'FALCON CREST DRIVE
Course Bearing Distance
L1 N 49°38'32" W 68.88'
L2 N 89°52'26" E 52.73'
L3 S 00°18'24" W 44.72'FALCON CREST DRIVE