5024 Broadway Ave.
Haltom City, TX  76117
817-222-7700

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August 8, 2017 ZBA Minutes

City of Haltom City

ZONING BOARD OF ADJUSTMENT MINUTES

August 8, 2017

CALL TO ORDER

Chairman White called the meeting to order at 5:30 p.m.

ROLL CALL

PRESENT: Anderson, Cotton, Elliott-Roach, Hardin, Odell, Pinkerton, Springfield, White

PRESENT ALTERNATES: Sanders PRESENT COUNCIL LIAISON: Watkins ABSENT BOARD MEMBERS: None ABSENT ALTERNATES: None

ADMINISTRATIVE STAFF PRESENT

Glenna Batchelor, Interim Director of Planning and Community Development

APPROVAL OF MINUTES

A motion was made for approval of the June 13, 2017 meeting minutes as written. Motion passed by a 8-0-0 vote.

MEETING FORMAT

Chairman White went over the meeting format. Applicants were sworn in.

No audio of the 08-08-2017 ZBA meeting was recorded due to a technology error. All information provided in these minutes are from notations only.

CHAIRMAN WHITE OPENED THE ZONING BOARD OF ADJUSTMENT

ZBA-010-17 Application of Jose O. Galiazzi for variance to Zoning Ordinance O-2002-032-15, Section 33.B.14 to allow a fence to encroach into the visibility triangle, Section

33.E.1.d to allow a fence to encroach into the front yard setback, Section 33.E.1.f to allow a fence to encroach into the minimum street side yard setback, Section

        1. to allow a fence to exceed maximum height of four feet (4’) and Section

        2. to allow a fence to exceed fifty percent (50%) total surface area on Lot 9, Block 4, Jones Oakview Addition and Tract 22B, Abstract 1523, locally known as 4220 Parrish Road.

The legal notice regarding the public hearing was published in the July 29, 2017 Fort Worth Star Telegram. Written notice of the variance request was mailed to thirty-two (32) property owners within 200' of the site on July 28, 2017. Staff received four (4) responses in favor or without objection, one (1) opposed, and none (0) returned to sender. On August 2, 2017 at 11:45AM, the applicant brought in twenty-eight (28) favorable signed forms; only nineteen (19) were on the 200’ notification listing.

Staff presented the applicant’s case to the Board.

Chairman White opened the meeting for questions of City Staff

Chairman White asked the applicant to make a presentation.

Mr. Jose Galiazzi stated he had removed every other board along Shadow Lane for twenty feet (20’), could provide visibility triangle and remove cactus at corner. He said he had started work in March and didn’t understand why he had not been notified prior to stop work order by Code Enforcement.

Chairman White opened the meeting to questions for the applicant. Chairman White opened the Public Hearing.

No one to speak for or against the request.

Chairman White closed the Public Hearing. FURTHER DISCUSSION OF THE BOARD

Mrs. Elliott-Roach said fence is too tall.

Chairman White said rock retainer wall could remain.

Ms. Batchelor stated previous fencing material along Shadow Lane was chain link. Mr. Springfield said safety was his concern, obscure view and no permit.

ACTION BY THE BOARD

Mr. Springfield, seconded by Mr. Odell, made the motion to deny ZBA-010-17 the application of Jose O. Galiazzi for a variance to Zoning Ordinance O-2002-032-15, Section 33.B.14 to allow a fence to encroach into the visibility triangle, Section 33.E.1.d to allow a fence to encroach into the front yard setback, Section 33.E.1.f to allow a fence to encroach into the minimum street side yard setback, Section 33.E.2.b to allow a fence to exceed maximum height of four feet (4’) and Section 33.E.2.c to allow a fence to exceed fifty percent (50%) total surface area on Lot 9, Block 4, Jones Oakview Addition and Tract 22B, Abstract 1523, locally known as 4220 Parrish Road. Motion passed 8-0-0.

ZBA-011-17 Application of Charles T. Cotten of Tommy’s Remodeling on behalf of Gary D Sanders for a special exception for a front yard carport in accordance with Zoning Ordinance O-2002-032-15, Section 35.H, on Lot 10, Block 2, Alta Vista Acres, locally known as 6152 Blue Spruce Circle.

The legal notice regarding the public hearing was published in the July 29, 2017 Fort Worth Star Telegram. Written notice of the variance request was mailed to twenty-eight (28) property owners within 200' of the site on July 28, 2017. Staff received two (2) response in favor or without objection, none (0) opposed, and none (0) returned to sender.

Staff presented the applicant’s case to the Board.

Chairman White opened the meeting for questions of City Staff Chairman White asked the applicant to make a presentation.

No one present

Chairman White opened the meeting to questions for the applicant.

No one present

Chairman White opened the Public Hearing.

No one to speak for or against the request.

Chairman White closed the Public Hearing. FURTHER DISCUSSION OF THE BOARD

Chairman White asked if engineer stamped plans were submitted and Ms. Batchelor confirmed.

ACTION BY THE BOARD

Mr. Pinkerton, seconded by Mrs. Elliott-Roach, made the motion to approve ZBA-011-17 the application of Charles T. Cotten of Tommy’s Remodeling on behalf of Gary D Sanders for a special exception for a front yard carport in accordance with Zoning Ordinance O-2002-032-15, Section 35.H, on Lot 10, Block 2, Alta Vista Acres, locally known as 6152 Blue Spruce Circle. Motion passed 8-0-0.

ZBA-012-17 Application of Adriana Cervantes requesting a special exception to allow a private stable in accordance with Zoning Ordinance O-2002-032-15, Sections 9 and 35.H, on Lots 23A and 24A, Block 1, Jonesfield Addition, locally known as 2229 McGuire Street.

The legal notice regarding the public hearing was published in the July 29, 2017 Fort Worth Star Telegram. Written notice of the variance request was mailed to fifteen (15) property owners within 200' of the site on July 28, 2017. Staff received none (0) response in favor or without objection, one (1) opposed, and none (0) returned to sender.

Staff presented the applicant’s case to the Board.

Ms. Batchelor advised Board of allowed thirty percent (30%) for accessory buildings and limited to two (2) per residential lot. Also advised of driveway for maneuvering surface required. Discussed junk/trash/debris on property that is being worked by Code Enforcement.

Chairman White opened the meeting for questions of City Staff Chairman White asked the applicant to make a presentation.

Mr. Jesus Cervantes, translated by Ms. Andy Cervantes, built stables so animals not in the sun. He submitted application for building permit and plans after Code Enforcement had issued stop work order but application was denied due to special exception required.

Chairman White opened the meeting to questions for the applicant.

Chairman White asked applicant if he had horses and goats registered with Animal Control per the Animal Ordinance. He responded yes to horses and no to goats.

Mr. Odell asked about drainage. Ms. Batchelor pointed out erosion issue by stables and advised that property is located in FEMA floodplain.

Chairman White opened the Public Hearing for support.

No one present

Chairman White opened the Public Hearing for opposition.

Ms. Kerri Wheeler of 2204 McGuire spoke against the request. She said she is asthmatic and can’t go out onto her porch. She said flies and feces are a major concern and issue. She said owner is not on site and she has never met in the twenty-eight (28) years she has lived here.

Chairman White asked the applicant for rebuttal.

Mr. Jesus Cervantes, translated by Ms. Andy Cervantes, stated horses don’t have fleas and

stables will be cleaned.

Chairman White closed the Public Hearing. FURTHER DISCUSSION OF THE BOARD

Chairman White asked about plans. Ms. Batchelor stated plans were received from architect and stamped by engineer but not clear on whether they plan to tear down existing and rebuild or work with what they started.

ACTION BY THE BOARD

Chairman White, seconded by Mr. Odell, made the motion to deny the application of Adriana Cervantes requesting a special exception to allow a private stable in accordance with Zoning Ordinance O-2002-032-15, Sections 9 and 35.H, on Lots 23A and 24A, Block 1, Jonesfield Addition, locally known as 2229 McGuire Street. Motion passed 8-0-0.

ADJOURN

There being no further business, Chairman White adjourned the meeting at 7:11PM. Respectfully submitted,

Glenna Batchelor, Interim Director of Planning and Community Development

James White, Chairman