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HALTOM CITY

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Haltom City, TX  76117
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February 12, 2019 ZBA Minutes

Tuesday, Feb 12 2019
5:30 p.m.
City Hall (Council Chambers) - 5024 Broadway Ave. | Haltom City, TX 76117
You may also be interested in: Haltom City Planning & Community Development Department | Haltom City Zoning Map | Zoning Ordinance

City of Haltom City

MINUTES

ZONING BOARD OF ADJUSTMENT

 

CALL TO ORDER

Chairman Pinkerton called the meeting to order at 5:53PM.

ROLL CALL

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

PRESENT ALTERNATE: Sanders

PRESENT COUNCIL LIAISON: Watkins

ABSENT MEMBER: None

ABSENT ALTERNATE: None

ABSENT COUNCIL LIAISON: None

ADMINISTRATIVE STAFF PRESENT

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

CHAIRMAN PINKERTON OPENED THE ZONING BOARD OF ADJUSTMENT ABSENCE

None

APPROVAL OF MINUTES

Mr. Cotton, seconded by Mrs. Hardin, made the motion for approval of the January 22, 2019 meeting minutes as written. Motion passed 8-0-0.

MEETING FORMAT

Chairman Pinkerton went over the meeting format.

SWEARING IN OF ALL PARTICIPANTS THAT WILL GIVE TESTIMONY ZBA-001-19

Application of Charles Clawson, on behalf of David Dang, for a variance to Zoning

Ordinance O-2002-032-15, Section 21. H. Area Requirements, regarding the minimum front yard setback for a through lot allowed in the “C-3” Commercial district on Lot 2, Block 1 of the J.W. Akers 1999 Addition, locally known as 5302 East Belknap Street.

Staff presented the items.

The legal notice regarding the public hearing was published in the January 26, 2019 Fort Worth Star Telegram.

Written notice of the variance request was mailed to fourteen (14) property owners within 200' of the site on January 31, 2019. Staff received two (2) in favor or without objection, one (1) opposed, and none (0) returned to sender.

Chairman Pinkerton opened the meeting for questions of City Staff.

Mrs. Elliott-Roach asked if they intended to tear anything down. Ms. Batchelor said are not. The parking in the image will not be permitted.

Chair Pinkerston asked if this was now going to be one lane. Ms. Batchelor said the fire lane will be on the property line.

Mrs. Hardin asked if that was allowed. Ms. Batchelor said it was.

Mr. Springfield asked if this will go into the Jack in the Box. Ms. Batchelor said no.

Mr. Cotton asked if all we were looking at was extending the building. Ms. Batchelor said extending the building and the existing encroachment.

Chairman Pinkerton asked the applicant to make a presentation.

Charles Clawson, 6219 Lake Ridge Rd., The proposed building will be eight feet from the property line with an overhang. There will be lease space on the back of the building. If this was new construction we wouldn’t be here right now but this is existing. The side will have an attractive entrance. This will be about a 14,000 square foot addition. We will have to come back with some other variances. This should add to the quality of the neighborhood.

Chairman Pinkerton opened the meeting to questions for the applicant.

Mrs. Harding asked if there will be a side entrance. Mr. Clawson said that’s why there is

the setback so there is some walk space under the overhang.

Mr. Clawson said the driveway is adjacent to the Jack in the Box is for a fire lane. The side yard does butt up to the fire lane.

Mrs. Elliott-Roach with the reface of this building what will you do with the building next door. Mr. Clawson said Mr. Dang is not the owner of that property.

Mr. Smith asked if Mr. Dang was given a grant for this project. Ms. Batchelor said he

was for $10,000.

Mr. Smith asked if the property at New York and Pioneer was same owner. Mr. Dang sworn in and responded yes.

Mrs. Hardin asked about the walkway along Midway. Mr. Dang said if would be the same as what is there now.

Chairman Pinkerton opened the Public Hearing. (Open 6:10PM)

James Pliska, consultant for Markum Estate, spoke against case. Mr. Pliska said the ordinance requires onsite maneuvering. This proposal would push the maneuvering to the neighbors property. He is pushing the fire lane to the neighbors property. How is it that he would be allowed to push the maneuvering to the neighbors property. The first submission that was provided showed maneuvering in the fire lane on the Jack in the Box property. This is not allowed. We believe a traffic study should be done for this project. They also are going to need to come back for more variances in the future. This will affect the ability to service the residents. Without the traffic impact study Mr. Pliska did not believe the board had enough information to make a decision.

Applicant rebuttal

Mr. Clawson understands about the fire lane relocation. Mr. Clawson also noted the fire lane has no bearing on the submitted site plan. The new fire lane will be completely on Mr. Dang’s property.

Mr. Dang said he bought property in 1997. Been working on this project for 3-4 years. Loan has been booked and currently is working under remodel permit.

Chairman Pinkerton closed the Public Hearing. (Close 6:20PM) FURTHER DISCUSSION OF THE BOARD

Mr. Springfield agrees the TIA should be done first. Mr. Smith states the façade still needs the facelift.

Mrs. Hardin said should only be addressing encroachment request. Mr. Springfield said the encroachment impacts all the other issues.

Mr. Smith restated the $10,000 façade grant and cost of TIA should be considered. Mr. Cotton unsure about the variance but project looks great.

Mr. Smith stated the New York property was revitalized.

ACTION BY THE BOARD

Mr. Karar, seconded by Mrs. Hardin, made a motion to approve the application of Charles Clawson, on behalf of David Dang, for a variance to Zoning Ordinance O-2002- 032-15, Section 21. H. Area Requirements, regarding the minimum front yard setback for a through lot allowed in the “C-3” Commercial district on Lot 2, Block 1 of the J.W. Akers 1999 Addition, locally known as 5302 East Belknap Street.

Mrs. Elliott-Roach called the roll:

Cotton: No Hardin: Yes Smith: No Karar: Yes Pinkerton: No Springfield: No Elliott-Roach: No Anderson: No

Motion denied by a vote of 6-2-0.

ZBA-02-19

Application of Brian Nelson, on behalf of IDEA Charter Schools, for a variance to Zoning Ordinance O-2002-032-15, Section 33 E. 2. b. Residential Decorative Fence Requirements in the “SF-1” & “SF-2” Residential district on Lot 1, Block A of the Idea Public Schools Addition, locally known as 1900 Thomas Road.

Staff presented the items.

The legal notice regarding the public hearing was published in the January 26, 2019

Fort Worth Star Telegram.

Written notice of the variance request was mailed to twenty (20) property owners within 200' of the site on January 31, 2019. Staff received none (0) in favor or without objection, none (0) opposed, and none (0) returned to sender.

Chairman Pinkerton opened the meeting for questions of City Staff.

Mr. Springfield asked if they put the fence up to the front of the property on Oval Court will that obstruct visibility. Ms. Batchelor said it will need to be 50% opaque.

Chairman Pinkerton asked the applicant to make a presentation.

Stephen Pieser, HKS, 3500 N. St. Paul, Dallas, said they have no issue with putting in a stairstep transition. We can slope the front parts near residential down. For safety we want to minimize 6’ fencing but will slope where necessary. Mr. Pieser said the fencing is needed for security purposes.

Chairman Pinkerton opened the meeting to questions for the applicant.

Mr. Springfield asked about setting privacy fence back to build line. Mr. Pieser said not a problem.

Mr. Springfield asked about a possible 45 degree angle at residences on Orval Court. Mr. Pieser said what would happen is Lower Birdville will be a secondary entrance. That proposal would provide and issue with the gate they want to install.

Mr. Pieser said it should be okay, but would have to check with IDEA.

Chairman Pinkerton opened the Public Hearing. (Open 6:40PM)

Travis, 5707 Lower Birdville, asked about fence on property line and removing existing residential fences.

Mr. Pieser said that would have to be coordinated with each property owner. Chairman Pinkerton closed the Public Hearing. (Close 6:46PM) FURTHER DISCUSSION OF THE BOARD

ACTION BY THE BOARD

Mr. Smith, seconded by Mrs. Elliott-Roach, made a motion to approve the application of Brian Nelson, on behalf of IDEA Charter Schools, for a variance to Zoning Ordinance O- 2002-032-15, Section 33 E. 2. b. Residential Decorative Fence Requirements in the “SF-1” & “SF-2” Residential district with 45 degree angle of fencing on Orval Court on Lot 1, Block A of the Idea Public Schools Addition, locally known as 1900 Thomas Road.

Mrs. Elliott-Roach called the roll: Cotton: Yes

Hardin: Yes Smith: Yes Karar: Yes Pinkerton: Yes Springfield: Yes

Elliott-Roach: Yes Anderson: Yes

Motion passed by a vote of 8-0-0.

ZBA-003-19

Application of Ricardo Castro for a variance to Zoning Ordinance O-2002-032-15, Section 12. C. Side Yard Requirements in the “SF-2” Single Family Residential district on Lot 4, Block 8 of the Earles Addition, locally known as 2966 Layton Avenue.

Staff presented the items.

The legal notice regarding the public hearing was published in the January 26, 2019

Fort Worth Star Telegram.

Written notice of the variance request was mailed to twenty-five (25) property owners within 200' of the site on January 31, 2019. Staff received four (4) in favor or without objection, none (0) opposed, and none (0) returned to sender.

Chairman Pinkerton opened the meeting for questions of City Staff.

Mrs. Elliott-Roach asked if the patio cover was staying. Ms. Batchelor said yes.

Chairman Pinkerton asked the applicant to make a presentation.

Ricardo Castro, 2966 Layton, said he was going to knock the two small buildings down and put up the garage for storage. They have outgrown the two buildings and they are run down.

Chairman Pinkerton opened the meeting to questions for the applicant.

Mr. Karar asked about exterior material on garage. Mr. Castro said it will be siding.

Chairman Pinkerton opened the Public Hearing. (Open 6:55PM)

No one to speak for or against.

Chairman Pinkerton closed the Public Hearing. (Close 6:55PM) FURTHER DISCUSSION OF THE BOARD

ACTION BY THE BOARD

Mr. Cotton, seconded by Mr. Springfield, made a motion to approve the application of Ricardo Castro for a variance to Zoning Ordinance O-2002-032-15, Section 12. C. Side

Yard Requirements in the “SF-2” Single Family Residential district on Lot 4, Block 8 of

the Earles Addition, locally known as 2966 Layton Avenue. Mrs. Elliott-Roach called the roll:

Cotton: Yes Hardin: Yes Smith: Yes Karar: Yes Pinkerton: Yes Springfield: Yes Elliott-Roach: Yes Anderson: Yes

Motion passed by a vote of 8-0-0.

ZBA-004-19

Application of Yolanda Torres for a special exception for a front yard carport in accordance with Zoning Ordinance O-2002-032-15, Section 35. H., in the “SF-2” Single Family district on Lot 7, Block 12 of the Tri-Country Estate 1st Fil Addition, locally known as 5724 Marlene Drive.

Staff presented the items.

The legal notice regarding the public hearing was published in the January 26, 2019

Fort Worth Star Telegram.

Written notice of the variance request was mailed to twenty (20) property owners within 200' of the site on January 31, 2019. Staff received two (2) in favor or without objection, one (1) opposed, and one (1) returned to sender.

Chairman Pinkerton opened the meeting for questions of City Staff.

Mrs. Elliott-Roach asked if there was a slope. Ms. Batchelor said the driveway naturally slopes.

Mr. Smith asked if this was a stop work order. Ms. Batchelor said it was.

Mrs. Hardin asked what the opposition was. Ms. Batchelor read the note (provided in file).

Chairman Pinkerton asked the applicant to make a presentation.

Yolanda Torres, 5724 Marlene, said she did not know she needed a permit.

Chairman Pinkerton opened the meeting to questions for the applicant.

None

Chairman Pinkerton opened the Public Hearing. (Open 7:04PM)

No one to speak for or against.

Chairman Pinkerton closed the Public Hearing. (Close 7:04PM) FURTHER DISCUSSION OF THE BOARD

ACTION BY THE BOARD

Mrs. Hardin, seconded by Mr. Smith, made a motion to approve the application of Yolanda Torres for a special exception for a front yard carport in accordance with Zoning Ordinance O-2002-032-15, Section 35. H., in the “SF-2” Single Family district on Lot 7, Block 12 of the Tri-Country Estate 1st Fil Addition, locally known as 5724 Marlene Drive.

Mrs. Elliott-Roach called the roll:

Cotton: Yes Hardin: Yes Smith: Yes Karar: Yes Pinkerton: Yes Springfield: No Elliott-Roach: Yes Anderson: Yes

Motion passed by a vote of 7-1-0.

STAFF UPDATE

Ms. Batchelor advised there will be a Zoning Board of Adjustment meeting on Tuesday, February 26, 2019.

ADJOURN

There being no further business, Chairman Pinkerton adjourned the meeting at 7:06PM. Respectfully submitted,

Glenna Batchelor, Director of Planning and Development

Larry Pinkerton, Chairman