1994-09-29
CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
September 29, 1994 7:00 P.M.
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MEMBERS PRESENT: Fred Joyce, Chairman; Lloyd Latta, Jr., Vice Chairman; William
Towler, John Moore, Alternate #1; Arthur Sorenson, Alternate #2.
MEMBERS ABSENT: Dennis Minder, Loyd Eubanks.
STAFF PRESENT: Karen Gandy, Zoning Administrator; Greg Last, Director; Wayne
Olson, Attorney; Paul Ward, Building Official; Jean Bryson, Secretary.
Agenda Item #2
A. Executive Session 7:10 P. M. pursuant to the Open Meetings Act, Chapter 551 of
the Texas Government Code to seek the advice of the City Attorney.
B. Reconvenened at 8:15 P. M., no action necessary on items discussed in executive
session.
Agenda Item #3 Approval of the Sept 15. 1994 Regular Board of Adjustment Meeting.
Aft,
rr A motion was made to approve the minutes of the Regular Meeting September, 15, 1994.
With no objections the Chair deemed the minutes approved.
Agenda Item #4 Administrative Comments.
Karen Gandy, Zoning Administrator, reported a work session was held on September 21st.
Board Members Joyce, Latta, Moore, and Sorenson were present. It was announced that
another work session was planned for October 5th at the Community Building.
Agenda Item #5 ZBA Case #210. Appeal to the Administrative Official's Determination.
John Moore requested to step down for Case #210.
ZBA Case #210, appeal of the Administrative Official's determination that five (5) above-
ground storage tanks cannot be repaired/replaced on the property located at 1675 Brumlow
~I Avenue, being legally described as Tract 2B of the Brumlow Industrial District, and being
approximately 2.61 acres situated in the J. Gibson Survey, Abstract No. 591. Appellant is
Henry Frost, agent for V. W. Investments, Inc.
The Chair stated to the Appellant that there would be only four board members to rule and
there must be four affirmative votes in favor of the request to grant the appeal. Thomas
Keen, Attorney for the appellant, stated his clients were aware of this matter and their wishes
kwr were to continue the proceeding.
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Board of Adjustment Meeting page 2
September 29, 1994
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Agenda Item # 5 continued.
A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy said there
were five (5) notices sent to property owners within 200 feet and one (1) written response
was received in support of the Administrative Official's opinion.
Ms. Gandy further stated that her decision was based on all the evidence received, which
included the following: the insurance report prepared by Hudson International, the
3D/Environmental Services, Inc. Report, the Fire Marshal's pictures, and Building
Department records for the site.
Public Hearing.
Mr. Thomas H. Keen, Attorney, expressed concern that Ms. Gandy had only considered
ire replacement cost with new tanks instead of repairing the damaged tanks. Mr. Keen
presented to the Board a copy of a repair bid of $15,000 or $3,000/per tank using existing
attachments where possible. This bid was submitted by Davis Enterprises Oilfield Equipment
and Casing of Fulshear, Texas and signed by Donnie Davis.
Sheri Urbanczyk, Panhandle, Texas, accountant, discussed the cost comparison with the
Board; Replacement Cost vs Repair Costs and presented to the Board a copy of her findings.
Ms. Urbanczyk said there was an additional $30,000 previous cost including demolition,
removal of storage tanks to the Davis Enterprises yard and repairs to the electrical system of
the remaining tanks.
Henry Frost, appellant, confirmed the cost repair statement from Davis Enterprises and the
additional cost of $30,000. Mr. Frost said that the tanks were located at Davis Enterprises
yard in Mineral Wells, Texas.
The board addressed questions to Mr. Keen, Ms. Urbanczyk and Mr. Frost.
The Board asked for an Executive Session.
A. Executive Session 9:30 P. M. pursuant to the Open Meetings Act, Chapter 551 of
the Texas Government Code to seek the advice of the City Attorney.
B. Reconvenened at 10:00 P. M., no action necessary on items discussed in executive
session.
Wayne Olson, City Attorney said, the standards he is advising the Board to follow is to
determine two figures.
1st The cost of replacement at time of destruction.
2nd The cost to restore or repair.
Board of Adjustment Meeting page 3
September 29, 1994
Agenda Item # 5 continued.
Mr. Olson further said the Board is to determine if the cost to restore is more than 50%. If
over 50% it can not be restored and if 50% or less it may be restored.
Mr. Towler, Mr. Sorenson, and Mr. Latta said that the evidence presented was inadequate to
make a decision and asked for a detailed written analysis of cost to replace the damaged
portion of the facility as it existed prior to the explosion and by today's codes.
Mr. Keen said they were not prepared at this time.
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Joe L. Wright, 1640 Brumlow, said he is concerned most of all with safety issues if the
tanks are restored and upheld the Administrative Official's decision.
Mr. Keen said, the appellant was not prepared at this time with statements as requested by
the Board and asked for a continuation to October 27, 1994.
A motion was made to continue ZBA Case # 210 as requested to October 27, 1994.
Motion: Towler
Second: Latta.
Ayes: Sorenson, Towler, Latta, Joyce
Nays: None
Vote: 4-0 to continue
Agenda Item #6 ZBA Case # 212 Request for a Variance.
John Moore was reseated.
ZBA Case #212, request for a variance to Ordinance 480, Section 33.14 which requires a
minimum of one acre for the use of an on-premise septic tank and subsurface drainage field
on property located at 555 N. Peytonville Avenue and being legally described as
approximately 0.86 Acres situated in the A. A. Freeman Survey, Abstract No. 522, Tract
2A1B. The applicant is Jode Wilson.
Ms. Gandy stated that due to the lateness of the meeting Ms. Wilson had to leave and asked
that ZBA Case #212 be continued at the Regular Meeting October 13, 1994.
A motion was made to continue ZBA Case # 212 as requested to October 13, 1994.
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Board of Adjustment Meeting page 4
September 29, 1994
Agenda Item #6 continued.
Motion: Towler
j Second: Latta
Ayes: Sorenson, Towler, Latta, Joyce
Nays: None
Vote: 4-0 to continue
Agenda Item #7 ZBA Case #213 Request for a Special Exceution Use Permit.
ZBA Case #213, Request for a Special Exception Use Permit for family quarters per
Ordinance No. 480, Section 44.12 (1) for property at 2980 Burney Lane, being
approximately 2.988 acres West of Burney Lane, R. D. Price Survey Abstract No. 1207,
Tracts 7 & 7A and the John Childress Survey, Abstract No. 254. Tract 2F2. The applicants
are Mr. & Mrs. Shawn Brown and Mr. David George.
A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy said there
were seven (7) letter sent to property owners within 200 feet and there was one response in
opposition to the request.
Public Hearing.
Mr. Shawn Brown, applicant, was present and said he wanted to build a family quarters for
his in-laws consisting of 1000 sq. feet or less and on the same electrical, gas & water meters
with a separate septic system.
David George, applicant, said he sold the property to his daughter and son-in-law and now
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was wanting to build a home on the property.
There was no other person wishing to speak either in favor or in opposition to the request.
Public Hearing Closed.
A motion was made to amend the request that the family quarters be constructed on tract 7A
as permitted by the Zoning Ordinance No. 480, as set forth in Section 44.12 (1).
Motion: Sorenson
Second: Towler
Ayes: Sorenson, Towler, Latta, Joyce
Nays: None
Vote: 4-0 to amend the request
A Motion to grant a special Exception ZBA Case # 212 as amended.
Board of Adjustment Meeting page 5
September 29, 1994
Agenda Item #7 continued.
4"
Ni Motion: Latta
Second: Sorenson
Ayes: Sorenson, Towler, Latta, Joyce
Nays: None
Vote: 4-0 to grant request as amended.
Agenda Item #8 ZBA Case #214 Request for a Special Exception Use Permit.
ZBA Case #214 a request for a Special Exception Use Permit for family quarters per
ordinance No. 480, Section 44.12 (1) for the property at 1651 Royal Oaks Court, describes
as Lot 10 Royal Oaks Addition. The applicants are Gerald & Ellen Ahmann.
A presentation was made by Karen Gandy, Zoning Administrator. Ms. Gandy said there
were twelve (12) letter sent to property owners within 200 feet and their was one response in
favor of the request.
Public Hearing.
Terry Mitchell, 1610 Pheasant Lane, was present as the builder and said the family quarters
are attached to the residence with one drive-way, one electrical meter and a separate septic
system if needed.
Ellen Ahmann, applicant, said the attached family quarters is for her mother and would
include a bedroom, sitting room, small kitchen and bath. Ms. Ahmann further said at the
time that the family quarters are no longer needed they would like to convert the use to a
pool house.
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John Baldwin, 1700 Creekside, stated his concerns are if the Ahmann's sold the property the
new owners may use the addition for rent property and also drainage. Mr. Baldwin said Ron
Harper, City Engineer, had met with him to help ease the drainage situation.
There was no other person wishing to speak either in favor or in opposition to the request.
Public Hearing Closed.
The requested exception is specifically permitted by the Zoning Ordinance No. 480, as set
forth in Section 44.12 (1); and
The location of the proposed activities and improvements are clearly defined on the concept
plan or plot plan submitted in this case, or as otherwise required to be submitted; and
Board of Adjustment Meeting page 6
September 29, 1994
Agenda Item # 8 continued.
Furthermore, the evidence before the Board clearly shows that the special exception will be
wholly compatible with the use and permitted development of adjacent properties, either as
filed or subject to such limitations and requirements as the Board of Adjustment deems to be
necessary to protect adjacent properties.
A Motion to grant a Special Exception ZBA Case #214 as requested for family quarters.
Motion: Sorenson
dpi Second: Latta
Ayes: Sorenson, Towler, Latta, Joyce
Nays: None
Vote: 4-0 to grant Special Exception
Agenda Item #9 Meeting Adjourned.
With no objections the Chair deemed the meeting adjourned.
Meeting Adjourned 11:45 P. M.
4red man
J Bryson
Attended the meeting and prepared the minutes
ATTEST;
41
S a L. LeGrand 70
City Secretary ~y
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BOARD OF ADJUSTMENT MEETING
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SIGN UP IF YOU WISH TO
SPEAK DURING THE MEETING
ti DATE
NAM D ESS PHONE AGENDA ITEM
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146 pe"0 rell) crJG 16
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DAVIS ENTERPRISES
DAVIS OILFIELD EQUIPMENT AND CASING
-TW r P.O. BOX .598
FULSHEAR, TEXAS 77441
713/639-4350
August 19, 1994
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Mr. Henry Frost
Southlake Fuel
P.O. Box 2821
Grapevine, Texas 76099
Mr. Frost,
Davis Enterprises will repair, plade and plumb your tanks #1,#2,#4,#5 and 477
for a price of $ 3,000.00 per tank or a total of $ 15,000.00,!~using existing attachments
where possible.
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MEMORANDUM
TO: Henry Frost
Southlake Fuels
FROM: Therese Baer, P.E.*
Baer Engineering and Environmental Consulting
DATE: September 29, 1994
RE: City of Southlake - Board of Adjustments
I have spoken with Karen Gandy, City ofSouthlake Zoning Administrator, regarding your
request that I be present at tonight's Board of Adjustments meeting, to answer questions
regarding the report that 3D/EnvironmenW Services, Inc. (3D/BSI) prepared for the City of
Southlake. Ms. Gandy discussed your request with Curds Hawk, City of Southlake, City
Manager. Mr. Hawk and Ms, Gandy believed the report prepared by 3D/ESI would stand on its
own. They requested that I not attend the Board of Adjustments meeting.
Thank you for your offer to pay expenses and fees, however I must decline,
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The following form may be filled out and mailed to the City of Southlake, 667 North Carroll
Avenue,"Southlake, Texas 76092.
CASE # 213
I am (in favor of) (opposed to (undecided about he request for the following reasons:
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SIGNATURE:
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ADDRESS: Zile 13"0 Lowe MCCALLUM, PAUL W ETUX JANEYE L
• Q 1 few -IV k 2970 GURNEY LN
tf10_S[o'l' sue- t~ I
ctow" SOUTHLAKE TX 76092-9747
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