1994-11-10
CITY OF SOUTHLAKE
667 N. Carroll Avenue
BOARD OF ADJUSTMENT MEETING
November 10, 1994 7:00 P.M.
MEMBERS PRESENT: Fred Joyce, Chairman; Lloyd Latta, Vice Chairman; Loyd
Eubanks, William Towler, John Moore, Alternate #1; Arthur Sorenson, Alternate #2.
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MEMBERS ABSENT: Dennis Minder.
111 STAFF PRESENT: Karen Gandy, Zoning Administrator; Jean Bryson, Secretary; E. Allen
Taylor, City Attorney; Paul Ward, Building Official.
bi Agenda Item #2•
A. Executive Session 7:15 P. M. pursuant to the Open Meeting Act, Chapter 551 of the
Texas Government Code to seek the advice of the City Attorney.
B. Reconvened at 7:45 P. M., no action necessary on items discussed in executive
session.
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4W A"*,, Agenda Item #3 Approval of the Minutes.
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A motion was made to approve the minutes of the Regular Meeting, September 29, 1994.
With no objections the Chair deemed the minutes approved.
9i After discussion the Chair postponed approval of the Regular minutes of October 13, 1994
and October 27, 1994 to the next regular meeting.
Agenda Item #4 Administrative Comments.
Karen Gandy, Zoning Administrator, reported that the next Work Shop for Procedures for
Board of Adjustment will be held on November 14th and November 29th at 7 P.M.
John Moore requested to step down for Case #210.
Agenda Item #5 ZBA Case #210, Appeal of the Administrative Official's determination.
ZBA Case #210, Appeal of the Administrative Official's determination that five (5) above-
4I ground storage tanks cannot be repaired/replaced on the property located at 1675 Brumlow
Avenue, being legally described as Tract 2B of the Brumlow Industrial District, being
approximately 2.51 acres situated in the J. Gibson Survey, Abstract No. 591. The
Appellant, Henry Frost, agent for V. W. Investments, Inc.
%ONO Karen Gandy stated that members of the Board not present at the previous hearing of ZBA
Case #210 had read all material and heard the tape of the meeting and are qualified to vote.
11 Ms. Gandy stated there were five (5) notices sent to property owners within 200 feet and
there was one (1) response opposed to the appeal.
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Board of Adjustment Meeting Page 2
November 10, 1994
Agenda Item # 5 continued.
Continuation of Public Hearing.
Tom Keen, Attorney, was present to review with the Board the details of the previous
meeting and to present the case booklet entitled V W INVESTMENTS, INC.
RESTORATION OF SOUTHLAKE FUEL FACILITY and a booklet of pictures of the fuel
facility.
Mr. Marvin Sparks, owner, was present to speak on Southlake Fuel's history and their desire
to repair the tanks at a substantially lesser cost than the cost to purchase new tanks
($72,500). He reviewed the details of both presentation booklets with the Board.
ir Sheri Urbanczyk, CPA, discussed the cost comparison with the Board; Replacement Cost vs
Repair Costs and referred to the Cost Comparisons on pages 4 and 5 and referenced the
Supplemental Information on pages a thru n in the V W Investments, Inc. Restoration of
Southlake Fuel Facility. She further stated that V W Investments accepted 3D's replacement
cost value ($97,480).
AVOW,,
11YI Jeff Danielski, PE, Professional Service Industries, Inc., of Dallas, spoke on the section of
the booklet entitled "Safety Features," the repair of the tanks and the associated testing
procedures. Mr. Danielski stated that PSI, Inc. had not inspected the tanks and had reviewed
only photographs at this time. No testing had been done, but would need to be performed
before any repairs were made. He indicated that a fee of $3,000 would include minimum
qw testing (i.e. x-raying) of the five (5) tanks and that after inspecting the tanks, additional
X11 testing (i.e. metallurgic analysis) might be required for an additional fee to ascertain
compliance with the applicable codes.
Joe L. Wright, 1640 Brumlow, Southlake, Texas; questioned the cost of $45,086 for the
repair work as discussed in the meeting. He stated that it appeared to him that the $45,086
exceeded 50% of the replacement cost of $72,500 for new tanks. Mr. Wright asked the
Board to support the decision of the Administrative Official.
The Board asked for an Executive Session to discuss a question with the City Attorney.
Executive Session 9:20 P. M. pursuant to the Open Meeting Act, Chapter 551 of the
Texas Government Code to seek the advice of the City Attorney.
Reconvened at 9:30 P. M., no action necessary on items discussed in executive session.
E. Allen Taylor, City Attorney, explained the Board's reason for the Executive Session was
40, to clarify the wording of Section 6.6 of the zoning ordinance which was applicable to this
case.
Board of Adjustment Meeting Page 3
November 10, 1994
Agenda Item # 5 continued.
There was no other person wishing to speak either in favor or in opposition to the request.
Id Public Hearing Closed.
a
There was a lengthy discussion and a motion was made to grant the appeal as requested.
Motion: Sorenson
Second: Towler
Ayes: None
Nays: Sorenson, Towler, Eubanks, Latta, Joyce
Vote: 0 - 5 (The applicant's appeal was denied.)
John Moore was reseated to vote.
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Agenda Item #6 ZBA Case #221. Request for a Special Exception Use Permit.
ZBA Case # 221, a request for a Special Exception Use Permit per Ordinance No. 480,
Section 44.12 (3) for the construction of an accessory building of size greater that the
permitted 1,000 sq. ft. in the "SF-lA" Single Family Residential District to allow a barn not
id *rr' exceeding 2000 sq. ft. (50' x 40') on approximately 3.009 acres legally described Lot 2 of
the J. Childress No. 253 Addition. The location is 1577 Randol Mill Avenue, located on
the South side of Randol Mill Avenue approximately 700 feet East of the intersection of
Randol Mill Avenue and the private street Marantha Way. The owner/applicant is John R.
Smart.
+ Karen Gandy, Zoning Administrator, stated that John Smart requested that ZBA Case #221
be continued to the next Regular Meeting, December 15, 1994.
A motion was made to continue ZBA Case #221 as requested to December 15, 1994.
Motion: Latta
Second: Moore
Ayes: Moore, Eubanks, Towler, Latta, Joyce
Nays: None
di Vote: 5-0 to continue
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Agenda Item #7 Meeting Adjourned.
With no objections the Chair deemed the meeting adjourned.
' Meeting Adjourned 9:35 P. M.
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Board of Adjustment Meeting Page 4
November 10, 1994
rr
red Jo c , hai n
an Bryson
Attended the meeting and prepared the minutes
ATTEST:
oJ.~N~.AKE,
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andra L. LeGrand
YI~ City Secretary
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