November 28, 2017 ZBA Minutes

CITY OF HALTOM CITY

MINUTES

ZONING BOARD OF ADJUSTMENT

November 28, 2017

CALL TO ORDER

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

ROLL CALL

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

PRESENT ALTERNATE: Sanders PRESENT COUNCIL LIAISON: Watkins ABSENT MEMBER: None

ABSENT ALTERNATE: None

ADMINISTRATIVE STAFF PRESENT

Glenna Batchelor, Director of Planning and Community Development Erik Smith, Assistant Director/Planning Project Manager

ABSENCE

None absent

APPROVAL OF MINUTES

Minutes from previous meeting will be at December the 12th.

MEETING FORMAT

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

CHAIRMAN WHITE OPENED THE ZONING BOARD OF ADJUSTMENT

ZBA-016-17 Application of Miguel Avila for a special exception for a mother-in-law dwelling/garage apartment in the “SF-2” Single Family Residential District in accordance with Zoning Ordinance O-2002-032-15, Section 9 and 35.H.10, on Lot 7, Block 13 of the Jordan Park Addition, locally known as 4805 Jordan Park Drive.

The legal notice regarding the public hearing was published in the November 10, 2017 Fort Worth Star Telegram. Written notice of the variance request was mailed to twenty-four (24) property owners within 200' of the site on November 13, 2017. Staff received one (1) responses in favor or without objection, one (1) 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 how far the lean-to is from the property line.

Mrs. Batchelor stated 5’9” on the north property line and 6’8” in on the back side with a 2’ timber wall so it is 4’8” from the timbers.

Mrs. Batchelor stated that from aerials from the North Central Texas Council of Governments you can see that sometime between 2011 and 2013 the building was added onto.

Mr. Springfield asked if the Fire Department inspected this building.

Mrs. Batchelor stated they had not. This was observed by Code Enforcement. Chairman White asked if a family member owned the primary residence.

Mrs. Batchelor stated that a family member owned the residence.

Mrs. Hardin asked if the property owner had owned the property for awhile. Mrs. Batchelor stated since 2007.

Mr. Pinkerton asked if there was only one (1) window to get out.

Mrs. Batchelor stated there was a window in the living room, kitchen, bathroom, downstairs bedroom and two (2) windows for another bedroom with one (1) being blocked by a window A/C unit.

Chairman White asked the applicant to make a presentation.

Patricia Montes, 4805 Jordan Park Drive, stated she moved into this mother-in-law quarters in August. Mrs. Montes is married to the property owners brother. Mrs. Montes stated the property was always like that since she’s in the family in 2009.

Chairman White asked Mrs. Montes who did the addition in 2009. Mrs. Montes stated she did not know who in the family did the work. Chairman White asked if Mr. Avila would know.

Mr. Avila said he paid someone to do the add on for storage and when Mrs. Montes went in the sink was put in.

Chairman White asked Mr. Avila if he was aware he was required to pull permits.

Mr. Avila said he thought since there was already a residence there he would not need to pull one.

Mrs. Hardin asked when the bathroom was added. Mrs. Montes said when Mr. Avila did the add on.

Mr. Springfield asked Mrs. Batchelor if the tied into city utilities when they did the add on. Mrs. Batchelor said she had no idea because they did not pull permits.

Mr. Springfield asked Mrs. Montes if when the sewer was installed if it was tied into the city lines or if they had a septic system.

Mrs. Montes stated the plumbing was already there. The plumbing was in before Mr. Avila bought the house.

Mrs. Batchelor stated the kitchen and bathroom are on the south elevations so there is no way this is part of the original structure.

Mr. Springfield asked if it was safe to assume they installed the plumbing.

Mrs. Batchelor stated that in the original structure the plumbing is in the addition. Chairman White asked Mrs. Batchelor if there were any permits for this work.

Mrs. Batchelor stated going back to the 90’s there are no permits.

Chairman White asked if the Avila’s have been in contact with the City so they know what it takes to bring the building up to code.

Mrs. Batchelor stated the Avila’s have been in contact with Building Official Chris Rozanc.

Mrs. Batchelor stated the property owners have submitted engineer stamped drawings and electrical and plumbing quotes to bring the building up to code.

Mrs. Hardin asked what the objection to this request was.

Mrs. Batchelor stated the letter said they felt it would have a negative impact on the neighborhood and value of their homes.

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 the Building Official had been there. Mrs. Batchelor said he had not been to the site.

Chairman White identified that there would need to be a window, electrical and plumbing brought up to code. Chairman White noted there was no one who knew where the plumbing was tied in.

Chairman White asked what the size of the building was.

Mrs. Batchelor noted it showed 16’ X 16’ but it is assumed this was before the addition. Now it is closer to probably 24’ X 24’ square feet.

Chairman White also noted the stairs were not up to code.

Chairman White noted the water heater outside under a lean-to is an issue. Mr. Odell asked how the house was being heated.

Mrs. Batchelor stated through electric space heaters.

Mr. Odell asked if it was the property owner doing the work. Chairman White stated it is his responsibility.

Chairman White confirmed Mr. Avila is the property owner.

Chairman White cautioned the applicant this work was likely to be much more than what the quotes were for. Chairman White stated that if the Board granted them some time to do the work and it did not get done the applicant has to realize that the City could have the building placed back into its previous state as an accessory structure with no habitation within twenty- four (24) hours.

Mr. Odell asked if they would be capable of fixing the building if the cost got up to $10,000. Through translation of Mr. Avila, Mrs. Montes said the applicant was prepared to pay the cost and bring the building up to code.

Chairman White stated the applicant had to understand that if in thirty (30) days this is not brought up to code and it is $10,000 they have to understand that if it is not complete they will have to demolish the building because it is a substandard structure.

Mr. Avila asked if he could get more time than that.

Chairman White reiterated that they must understand that once the building inspector goes out and determines what needs to be up to code there are going to be a lot of things that need to be done and when they get started they have to get the work done in thirty (30) days.

Mr. Avila asked if an inspector could go out there to let them know what needs to be brought up to code.

Chairman White reiterated he did not feel the applicant understands what the work is this project entails.

Mr. Avila asked if the residents move out could the structure stay there like that.

Chairman White stated the Board would vote to either allow the use by bringing it up to code or require it to go back to the way it was before they started and put it back to storage.

Mr. Odell felt it was clear Mrs. Montes could not afford the repairs but did feel Mr. Avila could possible make the repairs.

Chairman White polled the Board.

Mr. Cotton thought $10,000 was optimistic. The electrical service is going to take a lot.

Mrs. Hardin felt thirty (30) days to bring to code and if they understand they have to do it in that number of days then they could or it goes back.

Mr. Odell said as far as heater that’s not that expensive. He agreed with the thirty (30) days if not goes back to storage.

Mr. Pinkerton said he didn’t think $10,000 is enough if they want to try and they lose it that’s

their risk.

Mr. Springfield said $10,000 is a chunk of change and other things will follow. There are safety issues.

Secretary Elliott-Roach said if the owner feels he can do it then let him if it’s within thirty (30) days.

Mr. Sanders said he agreed with everybody.

Mrs. Anderson said she doesn’t want to deny the opportunity but where will they go during

construction?

Chairman White asked if there was a place to stay during construction. Mrs. Montes said there is room in the front house.

ACTION BY THE BOARD

Chairman White made a motion to approve with conditions. Mrs. Hardin seconds. Motion is in a matter of the case the Zoning Board of Adjustments will grant the special exception subject to applicable codes as well as 100% compliance with the Building Official and will bring the mother-in-law quarters up to code. Also the residents being Patricia Montes and her three (3) children will be vacated during the timeframe that said work is to be completed. We will give the property owner till January 28, 2018 to have the work completed, sixty-two (62) days. If said work is not completed the motion becomes null and void and property will be deemed nonconforming and building will be returned to accessory structure similar to when the property was purchased and Mr. Miguel Avila will follow codes required by the Building Official. The occupants need to be out then day before the work begins and will not return until Building Official certifies it.

Motion passed 6-2-0. Vote:

Cotton – Nay Hardin – Ay Odell – Ay Pinkerton – Ay White – Nay Springfield – Ay Elliott-Roach - Ay

Anderson - Ay

ZBA-018-17 Application of Ghalib Hussain of Quick Way Food Stores for a variance to reduce the front yard landscape area in the “C-2” Commercial District in accordance with Zoning Ordinance O-2002-032-15, Section 20.D.2 on Lot 4A, Lot 2A1 & 3A, Lot 1A & 2B1 of Block 22 of Browning Heights East, locally known as 5021 & 5025 Broadway Ave.

The legal notice regarding the public hearing was published in the November 10, 2017 Fort Worth Star Telegram. Written notice of the variance request was mailed to twenty-three (23) property owners within 200' of the site on November 13, 2017. Staff received zero (0) responses in favor or without objection, one (1) 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.

Secretary Elliott-Roach asked if there was a drive already there off the North. Mrs. Batchelor stated there is a curb cut already on the north side.

Mr. Pinkerton asked what the objection was.

Mrs. Batchelor said the letter said there are already four (4) on Broadway that’s enough.

Chairman White asked the applicant to make a presentation.

Mr. Ghalib Hussain, 5025 Broadway Avenue, said he needs four feet (4’) of variance because the lot depth is not the deep and getting the variance will allow for easier access.

Chairman White opened the Public Hearing.

Larry Blanton, 5217 Mallory Dr., Chairman of the property committee for the neighboring Baptist Church. Mr. Blanton said the properties committee voted for objection because of no privacy fence or landscaping along the parking lot area.

Mr. Blanton also had an issue will petroleum storage.

Chairman White said the petroleum will be under strict scrutiny from the federal government. He also asked if he has made contact with the property owner and suggested to reach out to the applicant.

Chairman White closed the Public Hearing.

FURTHER DISCUSSION OF THE BOARD AND STAFF

Chairman White is happy to see something come in hopefully this will spur more economic development.

Mr. Cotton said that footage is well spent.

Secretary Elliott-Roach said she agreed with Jeff it will help access.

ACTION BY THE BOARD

Chairman White made a motion to approve as request and procure all permits and adhere to the Planning and Zoning Department. Mr. Springfield seconded.

Motion carried unanimously. 8-0-0 approved.

ZBA-015-17 Continuation of discussion for application of Carl Thompson of Specialties Direct for a variance for five (5) storage containers in accordance with Zoning Ordinance O-2002-032-15, Section 29.F.1, Non-Residential Temporary and Portable Type Accessory Buildings in the “M-2” Heavy Industrial District on Lot 5B, Colony Office & Industrial Park, locally known as 1312-B Colony Court.

The legal notice regarding the public hearing was published in the November 10, 2017 Fort Worth Star Telegram. Written notice of the variance request was mailed to twenty three (23) property owners within 200' of the site on November 13, 2017. Staff received one (1) responses in favor or without objection, zero (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 said he has studied the case and wanted to make a point of order. He stated the M-2 Heavy Industrial district is the most liberal district. Places like Colony Drive are designated as Heavy Industrial and are allowed junk yards and oil refineries and that’s why

they are located in the areas where they’re located. Chairman White stated we should be business friendly and we should considered storage containers on a case by case basis. Chairman White said the 40 foot container over the utility easement has to go.

Chairman White asked the applicant to make a presentation.

Carl Thompson, 1312B Colony Court, said he would move the 40 foot container and said he did not realize it was over an easement. He thought he might be able to move it all together.

Chairman White opened the Public Hearing.

None present

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

Mrs. Hardin asked if they are going to slide it off and Mr. Thompson said yes. It won’t be a

problem.

Secretary Elliott-Roach asked how long will they be allowing the container.

ACTION BY THE BOARD

Chairman White moved to accept the variance for five (5) storage containers with the stipulation that the 40 foot container is moved out of the easement and that the remaining four

(4) containers be allowed for twelve (12) months. Mr. Springfield seconded the motion.

Motion carried unanimously. 8-0-0 approved.

ADJOURN

There being no further business, Chairman White adjourned the meeting at 7:26PM. Respectfully submitted,

Glenna Batchelor, Director of Planning and Community Development

James White, Chairman

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