December 12, 2017 ZBA Minutes
City of Haltom City
ZONING BOARD OF ADJUSTMENT
December 12, 2017
CALL TO ORDER
Chairman White called the meeting to order at 5:30PM.
PRESENT MEMBERS: Anderson, Cotton, Elliott-Roach, Hardin, Odell, Pinkerton, Springfield, White
PRESENT ALTERNATE: None PRESENT COUNCIL LIAISON: Watkins ABSENT MEMBER: None
ABSENT ALTERNATE: Sanders
ADMINISTRATIVE STAFF PRESENT
Glenna Batchelor, Director of Planning and Community Development Erik Smith, Assistant Director/Planning Project Manager
APPROVAL OF MINUTES
Mr. Springfield, seconded by Mr. Pinkerton, made the motion for approval of the November 14, 2017 and November 28, 2017 meeting minutes as written. Motion passed 8-0-0.
Chairman White went over the meeting format. Applicants were sworn in.
CHAIRMAN WHITE OPENED THE ZONING BOARD OF ADJUSTMENT
ZBA-019-17 Application of Tim Comerford from Builders Surplus for a variance for two (2) 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-1” Industrial District on Lot 1, Block 1 of the Devereaux Addition-Haltom City, locally known as 5832 East Belknap Street.
The legal notice regarding the public hearing was published in the November 21, 2017 Fort Worth Star Telegram. Written notice of the variance request was mailed to seventeen (17) property owners within 200' of the site on November 29, 2017. Staff received none (0) 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.
Mrs. Roach ask how many return letters there were. Mrs. Batchelor stated there were none.
Chairman White asked the applicant to make a presentation.
Mr. Tim Comerford, 5832 E. Belknap St, stated everything Mrs. Batchelor said was what he was going to say. He said the storage containers have been there for quite a bit and that they are hard to see from the road. He felt the containers with comparable metal blended in pretty good. He said the need for the containers is because the business keeps growing. They are bringing in new products. He said they also have a lot of competition. He said with what they do have they do compete very well. He said the containers are where they keep all their sold merchandise. Typically, after they sell the product there is a wait until someone picks up their goods. He needed to displace the sold materials somewhere and these storage containers were where he was able to do that. Mr. Comerford’s original intention was to put them in the back area but the problem was internal theft. He said this area also needed to be fenced in. This location was also the easiest for customers who were coming in to pick up their materials. He said ultimately there were employees stealing and that was the biggest problem. He mentioned they had been there for awhile and were only recently noticed.
Chairman White opened the meeting to questions for the applicant.
Mr. Cotton asked if it was his intention to leave the items there from now on. Mr. Comerford stated he would love to. Mr. Comerford also stated he wanted to be a good neighbor and there is a very good customer base in Haltom City. He offered to paint the containers and put some lattice up but said he would like to keep them permanently.
Mrs. Hardin asked if they considered to build some sort of a new structure and if they had purchased the containers outright. Mr. Comerford stated they had purchased the containers outright. He stated at one point in time they rented them, and it was way more expensive than you would think. Mr. Comerford said he thought the container was closer to 9 feet not 15 feet. Mr. White concurred.
Mrs. Hardin asked again about the possibility of building a new structure. Mr. Comerford said the permanent structure they thought about was in the backside of the building. He said there was a city sewer line that was not allowing him to build at the rear of the existing building. He also said if he was to build were the containers are he would have to build with rock exterior. If it was more than six feet away then he would have to do the whole front side.
Mrs. Batchelor stated for clarity this was a masonry corridor and if they built anything new it would have to meet the masonry standards. The original building was built in 2000 and it was 19,600 sq. ft. and in 2009 did an addition for a total of 24,310 sq. ft. and stated if it was an accessory structure it needed to be on a slab and meet masonry standards.
Mr. Springfield asked if it was debris behind the storage containers. Mr. Comerford said it was tile. He said it looks bad in the picture but looks much better on site. Mr. Springfield asked if they could move the containers behind the wall.
Mr. Comerford said the problem was he would be losing a lot of concrete by placing the containers in that area.
Mr. Comerford did say he could extend the fence in front of the containers behind the red tips.
Chairman White said this Board tries to be as business friendly as they can. He noted they were in M-1 Industrial area. He did say this is a primary thoroughfare and not a secondary. He said he has known this business for many years and has been there for many years. Chairman White said while the use is in an industrial leaning district he was still on a primary corridor. Chairman White said they were always striving to keep it as spiffy as they can.
Chairman White said the site is getting a little rough looking out there. He said the cross ties and sea containers stick out.
Chairman White proposed getting the containers a paint job and knock out the letters and match the paint to the main building and put a fence in front of the containers.
Chairman White said it would be real hard to just approve this out right.
Mrs. Hardin asked if there was any sort of beautification fund that might be available to the applicant. Mrs. Batchelor said there are two funding mechanisms, the property enhancement incentive program and the economic development program and the money for this fiscal year is already allocated. Mrs. Hardin asked if there was anything they could apply for. Mrs. Batchelor said it has been allocated already for this fiscal year. Mrs. Batchelor said the EDC grant is capped at $50,000 and the Property Enhancement Incentive is a $10,000 and is a 50/50 match.
Mrs. Batchelor stated Belknap is also a state highway in addition to being a main thoroughfare in the city. Mrs. Batchelor stated M-1 and M-2 are the only to districts that allow for a R-panel fence with a trim cap and can be eight feet (8'). Mrs. Batchelor said the gate must be sliding or inward swing. Mrs. Batchelor said fences will need to be permitted. Mrs. Batchelor said the railroad ties are outdoor storage and would need to be removed. Mrs. Batchelor said outdoor storage said they can’t take up parking spaces and need to be within five feet (5') of the building and not in the front yard setback.
Mrs. Elliott-Roach asked, for clarification purposes, if the cross ties could remain. Mrs. Batchelor stated they cannot remain in the front yard setback. Mrs. Elliott-Roach asked if they could remain if they were a lower height. Mrs. Batchelor said they can only be five feet (5') from the building or building line and not in a parking space. Mrs. Elliott-Roach asked if they could move them somewhere in the front. Mrs. Batchelor said they could be within five feet of the fence. Mrs. Elliott-Roach thought there just might be somewhere in the front. Mrs. Batchelor said the front is all parking.
Chairman White said these containers are starting to stick out more and more and with the letters and the fact it is on a major corridor.
Mr. Cotton asked if he was allowed an eight-foot (8') R-panel fence. Mrs. Batchelor said that was correct.
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
Mr. Odell asked if he could get a 30-day permit for the display of the ties. Mrs. Hardin said the ties are not on the agenda.
Chairman White said they are not, but they are important. Mr. Odell said he liked the ideas Chairman White presented. ACTION BY THE BOARD
Mr. Springfield, seconded by Mr. Odell, made the motion to approve ZBA-019-17 the application of Tim Comerford of Builders Surplus for a variance for two (2) 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-1” Industrial District on Lot 1, Block 1 of the Deveraux Addition-Haltom City, locally known as 5832 East Belknap Street with the following stipulations:
The storage containers be painted a compatible color with the main building.
Install an eight foot (8') R-panel fence with trim cap.
Acquire all permits necessary and complete the work within thirty (30) days, that date being January 12, 2018.
Mrs. Elliott-Roached called roll as follows: Mr. Cotton: Aye
Mrs. Hardin: Aye
Mr. Odell: Aye
Mr. Pinkerton: Aye Chairman White: Aye Mr. Springfield: Aye Mrs. Elliott-Roach: Aye Mrs. Anderson: Aye
Motion passed 8-0-0 unanimous.
ZBA-017-17 Application of Allen Foster for a variance to Zoning Ordinance O-2002-032-15, Section 29.C.1 to increase the maximum height, Section 29.C.3 to increase the maximum floor area of 200 square feet, Section 29.C.4 to increase the number of accessory structures allowed, two (2) per lot, on one lot, Section 29.C to not require each accessory building to have an exterior finish materials similar to the principle building on the lot which is located on Lot 20A, Block 4 of the Golden Gardens Addition, locally known as 5809 Midway Road.
This case will be heard at the January 9th, 2018 Zoning Board of Adjustments meeting. This structure is a permanent structure and not a temporary structure. Notice requirements need to reflect this section of ordinance wording. No action will be taken at this meeting.
FURTHER DISCUSSION OF THE BOARD AND STAFF
There being no further business, Chairman White adjourned the meeting at 6:21PM. Respectfully submitted,
Glenna Batchelor, Director of Planning and Community Development
James White, Chairman