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

Notices

  • FATHOM - The FATHOM Customer Service Center opened at 8:00 a.m. on January 15, 2018 at 5417 Stanley Keller Rd. Payments can also be made at https://haltomcity.U2YOU.gwfathom.com or by calling 833-764-5239. More information on the FATHOM transition can be found here. We appreciate your patience during this transition.
  • The TEXRAIL Railroad contractor AWH, will use construction flaggers to allow 2-way traffic (not at the same time) between the hours of 9:00 a.m – 3:30 p.m.  Monday (5/14) through Friday (5/18) to continue their work at the Haltom Road railroad track between Stanley Keller and Glenview Roads. Please remember to always slow down and use caution in construction zones.

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

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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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November 14, 2017 ZBA Minutes

CITY OF HALTOM CITY

MINUTES

ZONING BOARD OF ADJUSTMENT

November 14, 2017

CALL TO ORDER

Vice-Chair Pinkerton called the meeting to order at 5:30PM.

ROLL CALL

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

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

ABSENT ALTERNATE: Sanders

ADMINISTRATIVE STAFF PRESENT

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

ABSENCE

Secretary Elliott-Roach, seconded by Mr. Springfield, made a motion to approve the absence of Mr. White and Mr. Sanders. Motion passed 7-0-0.

APPROVAL OF MINUTES

Mr. Springfield, seconded by Mr. Odell, made a motion to approve the minutes. Motion passed 7-0-0.

MEETING FORMAT

Vice-Chair Pinkerton went over the meeting format. Applicants were sworn in.

VICE-CHAIR PINKERTON OPENED THE ZONING BOARD OF ADJUSTMENT

ZBA-015-17 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 October 28, 2017 Fort Worth Star Telegram. Written notice of the variance request was mailed to twelve (12) property owners within 200' of the site on October 31, 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.

Vice-Chair Pinkerton opened the meeting for questions of City Staff.

Mr. Cotton asked if there had been any issues with the easement.

Mrs. Batchelor said they had not.

Mrs. Hardin asked if the other tenant had sent the letter in favor was the tenant next door. Mrs. Batchelor said there was no opposition from them.

Mr. Odell asked if they were permitted. Mrs. Batchelor said no.

Mr. Cotton asked what kind of business this was.

Mrs. Batchelor said it was a plumbing supply and this was for over flow of products. Mrs. Elliot-Roach asked if this was permanent.

Mrs. Batchelor said it was not, the request was for twelve (12) months. Mrs. Hardin asked if this is a long standing business.

Mrs. Batchelor said it was.

Mr. Springfield asked if they were staying in Haltom City. Mrs. Batchelor said she was not aware of their plans.

Mrs. Anderson asked if all the spaces are occupied.

Mrs. Batchelor said 1312 is fully occupied and the occupant occupies two-thirds of the building. Mr. Odell asked what Mrs. Batchelor’s opinion was.

Mrs. Batchelor said she felt it was a temporary fix for them and her major concern is the container on the 40’ easement.

Mrs. Hardin asked if there was anywhere else for the containers to go. Mrs. Batchelor said not that she was aware of.

Mrs. Anderson asked how long do they want the containers. Mrs. Batchelor said twelve (12) months.

Mrs. Batchelor said the Board can put all their concerns in a motion.

Mrs. Hardin asked if they could move the 40’ container closer to the building. Mrs. Batchelor said no there is a loading dock there.

Mr. Springfield asked if there was heavy traffic in this area. Mrs. Batchelor said it was industrial traffic.

Mrs. Hardin asked if there’s enough parking spaces.

Mrs. Batchelor showed the Board the parking layout on an exhibit. Mrs. Batchelor said if they brought in more spaces they would remove more parking spaces.

Mr. Odell asked how many parking spaces do they get.

Mrs. Batchelor said it depends on how much of the building they take up. Mr. Springfield asked how much of the building is on the utility line.

Mrs. Batchelor said we would consider the utility easement the building line. Mr. Odell asked how long the containers have been there.

Mrs. Batchelor said about three (3) weeks.

Mrs. Hardin asked if the only time someone needs access to the utility line is for utilities. Mrs. Batchelor said yes and you can’t put stuff over a utility easement.

Mrs. Anderson asked what the utility company would do if the storage company was there and they needed access to utilities.

Mrs. Batchelor said they would move the container.

Mr. Odell stated he know for sure they can’t keep the 40’ container.

Mr. Springfield asked if we were basically looking at the containers in the parking spaces. Mrs. Batchelor said that was up to them but the one on the easement shouldn’t be there. Vice-Chair Pinkerton asked the applicant to make a presentation.

The applicant was not present.

Vice-Chair Pinkerton opened the Public Hearing.

No one to speak for or against the request.

Vice-Chair Pinkerton closed the Public Hearing. FURTHER DISCUSSION OF THE BOARD

Mr. Cotton said he was inclined to leave the four (4) for twelve (12) months and remove the large one in the easement to be moved now.

Mr. Springfield said he felt they should give six (6) months but move the large one now.

Mrs. Hardin asked why would we require them to move the containers when this is a long standing business.

Mr. Cotton asked if this was Belknap would this be different.

Vice-Chair Pinkerton said he felt they should not allow the 40’ container and allow the other four (4) for twelve (12) months.

Mrs. Hardin asked why would we do this to a longstanding business and asked aren’t we business friendly.

Mr. Odell said he wasn’t saying they weren’t.

Mr. Springfield said he felt they should compromise and allow the four (4) containers for six (6) months and the 40’ container needed to go.

Mrs. Hardin said she did not feel this was impacting anybody and this is in a commercial area so why would we not try and work with the business.

Mr. Cotton said he didn’t feel they were hurting other business but still had a problem with the 40’ container.

Secretary Elliott-Roach said she felt the four (4) smaller ones should be allowed for twelve (12) month and the 40’ container should go.

Mr. Odell asked the Board why we needed to give them twelve (12) months for the four (4) smaller containers.

Mr. Cotton responded he felt that was the best thing to do.

Vice-Chair Pinkerton reminded the Board they should have asked to put these in before they did so.

Mr. Springfield asked Staff if they knew how long the business had been there and if they really were a long standing business if they were only given six (6) months for the containers were they really going to pack up and leave Haltom City?

Mrs. Hardin said not allowing this would give us the impression we are not a business friendly City to be in.

ACTION BY THE BOARD

Mr. Cotton made a motion for the four (4) 8’X20’ containers in front of the Specialties Direct business located at 1312-B Colony Court with the stipulation the 40’ container in the front yard setback/easement be moved as soon as possible. The four (4) containers out front be allowed to stay for twelve (12) months from today’s date, that date being November 14, 2018.

Mrs. Batchelor asked for clarification on a timeline for removal of the 40’ container. Mr. Cotton responded two (2) weeks for removal.

Mrs. Hardin said she felt it was more appropriate to allow thirty (30) days for removal of the 40’ container.

Secretary Elliott-Roach reminded for the upcoming Thanksgiving Holiday so it might be more difficult to remove the container.

Mr. Cotton responded he would include thirty (30) days from today’s date to remove the 40’ container in his motion. The date of removal would be December 14, 2017.

Vice-Chair Pinkerton seconded the motion. Secretary Elliott-Roach calls roll.

Cotton: Ay Hardin: Ay Odell: Nay Pinkerton: Ay Springfield: Nay Elliott-Roach: Ay Anderson: Ay

Motion failed with a vote of 5-2-0.

FURTHER DISCUSSION OF THE BOARD

Vice-Chair Pinkerton said they could make another motion and that one of the nay’s need to make it.

Mrs. Hardin asked Mr. Odell why he was so adamant on the twelve (12) months.

Mr. Odell stated he has a problem with the twelve (12) month period and one month to remove the 40’ container is too long. He said he wouldn’t have an issue with like seven (7) months.

He also said he could understand thirty (30) days to remove the large container so they could find a place to put their stuff.

Secretary Elliott-Roach said she had an issue with them being able to find a space in a short period of time for their stuff.

Mr. Springfield said he is good with allowing the thirty (30) days for the 40’ to be gone but has issue with ignorance of the ordinance and they didn’t show up. He said he was not willing to give a full calendar year.

Mrs. Hardin asked what the harm is that is being done. This is a commercial area and we are asking them to remove the 40’ container.

Mr. Springfield said in his business they looked into getting storage containers and they were told they couldn’t so they found other ways for their storage.

Mrs. Hardin asked why are we playing hardball? She said she did not think the business probably knew this was going to be an issue. She said she did not understand why twelve (12)

months is going to be an issue and that they would know then they would have to come back to the Board for an extension in the future.

Mrs. Batchelor said she pulled up their website and they are a national business not just local. Mrs. Batchelor said that business had increase four (4) times the same amount from last year. Secretary Elliott-Roach stated that is was not like the neighbors are complaining.

Mr. Odell asked Mr. Springfield what he was thinking. Mr. Odell said he felt twelve (12) months was just too long.

Mr. Springfield said he didn’t think twelve (12) months is something he would be willing to budge on. The company should have done better projections.

Mr. Odell said when he sees a business overstock they lease more space. He said he would be willing to allow eight (8) months.

Secretary Elliott-Roach said if they didn’t give twelve (12) months we might lose a business in Haltom City. She said it’s not like we are driving around and seeing all the industrial businesses and they are separated from where we are.

Mr. Odell said he had been in a lot of districts with storage containers and they don’t look good. He also said they did not even know what’s in the containers. Mr. Odell said we are already letting them have four (4) containers with a variance and they didn’t even ask beforehand. He felt four (4) held a lot of stuff.

Vice-Chair Pinkerton asked what was wrong with a year lease if they’re asking for only half of the time on their remaining lease.

Mrs. Hardin also stated they were only asked for twelve (12) months half of their remain lease. Mrs. Anderson said she read somewhere building permits are for six (6) months.

Mrs. Batchelor clarified this was not a building permit rather a variance request. Mr. Springfield said he would be good with eight (8) months.

Mr. Odell said he would be good with a continuance until the Board can listen to an applicant.

Mrs. Batchelor said they could table the item, later clarified to do a continuation, we would not have to re-advertise the item.

Mr. Springfield asked the Board if they really felt if they only got eight (8) months they would actually leave.

Mrs. Batchelor clarified to the Board they had two (2) options one (1) being a new motion that passes by six (6) votes or they all agree to have a continuation and Staff bring it back to November 28th.

Mr. Springfield stated he felt eight (8) months was adequate and asked the Board if they would be good with allowing the 40’ container till after the holidays so they could unload the inventory.

Secretary Elliott-Roach asked how much are the violations.

Mrs. Batchelor said $250 a day for each occurrence so in their case $1,250 a day because of the number of violations.

ACTION BY THE BOARD

Mr. Springfield made a motion for a continuance of this item until November 28, 2017, seconded by Mr. Odell.

Cotton: Ay Hardin: Nay Odell: Ay Pinkerton: Ay Springfield: Ay Elliott-Roach: Nay Anderson: Ay

Motion failed with a vote of 5-2-0.

FURTHER DISCUSSION OF THE BOARD

Secretary Elliott-Roach asked if they could not agree on twelve (12) months then would the applicant start getting fined.

Mrs. Batchelor stated the first motion was for twelve (12) months and thirty (30) days for the 40’ container failed as well as a motion to do a continuance until November 28th.

Mrs. Batchelor stated you could do a motion to remove all of the containers within a certain time period so they would not be in violation.

Mrs. Hardin asked if they had the option to revote on the continuance. She said she did not want to fine the guy.

Secretary Elliott-Roach clarified and said we either go back and discuss a continuance or the applicant will be fined or we go back and give them twelve (12) months or we deny the request completely.

Mrs. Hardin asked Secretary Elliott-Roach if she would reconsider the continuation. Mrs. Hardin said she still wants to give them twelve (12) months but if it took changing the vote to allow a continuance then she would be okay with that.

Vice-Chair Pinkerton said he did not feel a continuance would make a difference.

Mr. Springfield stated he did not want to do twelve (12) months but give them eight (8) months and until after Christmas to move the 40’ container.

Mrs. Hardin said she did not want to do that. Mrs. Hardin did say she was willing to do a continuance to hear the applicant.

Mr. Springfield said he doesn’t want to hold them up or create a logistical nightmare but eight

(8) months or twelve (12) months isn’t going to solve their problem. If their business is up that much they will still run into a problem down the road. He said he felt that storage containers are an eyesore in general.

Mr. Odell wanted to do two (2) weeks for the 40’ container originally but has agreed to move up to thirty (30) days.

Mr. Springfield asked if Mr. Odell would be willing to do nine (9) months for the containers and thirty (30) days to off load the 40’ container.

Mr. Odell said he’d be willing to do that.

Mrs. Anderson said them not showing up bothers her. She can’t ask him about his business and he did not call or show up to the meeting so she is in favor of a continuance. She was upset the applicant did not show up.

Mr. Odell seconded that he was not happy they did not show up.

Vice-Chair Pinkerton said the options are to make another motion for a nine (9) month period and thirty (30) day period, or to make another motion for a continuance.

ACTION BY THE BOARD

Mr. Odell made a motion, seconded by Mrs. Anderson, for a continuance to the November 28, 2017 meeting. The motion passed 6-1-0.

Cotton: Ay Hardin: Ay Odell: Ay Pinkerton: Ay Springfield: Ay

Elliott-Roach: Nay Anderson: Ay

Council Liaison Watkins reminded the Board to speak into the microphone when they talk because something can end up in court and what they say needs to be on the recording.

ADJOURN

There being no further business, Vice-Chair Pinkerton adjourned the meeting at 6:50PM. Respectfully submitted,

Glenna Batchelor, Director of Planning and Community Development

Larry Pinkerton, Vice-Chair

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