November 14, 2017 ZBA Minutes
CITY OF HALTOM CITY
ZONING BOARD OF ADJUSTMENT
November 14, 2017
CALL TO ORDER
Vice-Chair Pinkerton called the meeting to order at 5:30PM.
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
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.
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.
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