1989-04-24
th
CITY OF SOUTHLAKE
667 N. Carroll Avenue
ZONING BOARD OF ADJUSTMENTS MEETING
April 24, 1989 7:30 p.m.
PRESENT: Chairperson, Lanny Tate: Members: Ernest Johnson, John
m Scoggan, Robert Downard and Art Sorensen.
CITY STAFF PRESENT: Director of Public Works, Bill LeGrand, City
Attorney, E. Allen Taylor, and Karen Gandy, zoning department.
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The meeting was called to order at 7:55 p.m. by Chairperson, Lanny
i Tate.
Agenda Item #2 Case #61. Applicant: James H. Martin
A request has been made by James H. Martin for an appeal to the
Zoning Board of Adjustments. The applicant requests that the sale
of new/used cars be included as a permitted use in the Retail-2
Zoning District, as described in Ordinance No. 334, Section 5.10-3,
as well as all permitted uses in the Heavy Commercial Zoning
District in Ordinance No. 261, Section 6.12.
The specific request is for a 4.3 acre tract of land out of the
Jesse G. Allen Survey, Abstract No. 18, commonly known as Jellico
Corner, or 2230 W. Southlake Blvd. Public Hearing.
Mr. Tate asked the city attorney for an opinion on the position of
the Board of Adjustments in regard to this request.
Allen Taylor, city attorney, stated that his office has a problem,
after looking at the notice, the staff memo and the request , as to
finding any grounds that the board has any jurisdiction to hear
this case. Zoning is created under the Standard Zoning Enabling
Act which used to be Article 1011, Sub-Section A-J, Vernon
Statutes, and its now Section 211 of the Local Government Code.
The Zoning Board of Adjustments is one of the entities created by
the enabling act and it requires all cities to adopt zoning.
The Zoning Board of Adjustments has three (3) area of power where
they can act:
1) They can rule on interpretations made by the Building
Official.
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Board of Adjustments Minutes
April 24, 1989
page two
on 2) They can grant or deny variance requests. They can
grant a variance if they find it is a hardship; it
is unique to that piece of property, and not to
other similar situated tracts; it is not self
created; and is not financially standing alone.
3) They may be permitted to approve Special
Exceptions. Approval of changes in use for
predetermined types of activities set out in the
ordinance, if they are laid out in the zoning
ordinance and the board is specifically given that
tiW power by the city council.
Special Exceptions are generally approval of changes in use for
predetermined types of activities that the City Council is already
identified in the zoning ordinance and has set out as things they
want the Board of Adjustments to do independent review on.
The city is currently looking at a new zoning ordinance at this
time. Under the new ordinance, the Board of Adjustments will have
a significant number of Special Exceptions and the Board of
Iw Adjustments will be the body that reviews, hears and grants special
exceptions on.
We are still operating under ordinance No. 334, and it does not
list Special Exceptions which can be approved by the Board of
Adjustments. In Ordinance No. 334, Section 5.16, the Special
Exceptions are specially reserved for Planning and Zoning
Commission and the City Council and not the Board of Adjustments.
Mr. James Martin is asking that the sale of new or used cars be
included as a permitted use in Retail-2 Zoning District of
Ordinance No. 334, so that he can undertake those activities if he
so chooses on his property, in essence, what he is asking is for
the Board of Adjustments to amend the permitted uses allowed in the
Retail-2 Zoning District.
This is a legislative function, reserved to the City Council and
the Board of Adjustments cannot change the text of the ordinance,
they may only grant variances to specific provisions or approve
Special Exceptions if they are listed in the text.
The alternative that may be argued is that Mr. Martin is requesting
that his property be placed in some category where he could
undertake this action and that is an ordinance change in district
r boundaries. Only the City Council has the authority to do that
under state law or local ordinances.
f
Board of Adjustments Minutes
April 24, 1989
page three
As a practical matter, what has been requested is beyond the
Wr jurisdiction of the board. They cannot do what Mr. Martin has
requested. It was put on the agenda because Mr. Martin asked that
the Board of Adjustments hear the case. He was Heavy Commercial
W Zoning District, reclassified to Retail-2 Zoning District. He had
the use under the Heavy Commercial Zoning District. We have an
.ft interpretation question.
m The City Attorney's office suggests that if the Board of
Adjustments wants to hear this case, it should be under the light
an of whether or not Mr. Bill LeGrand's, interpretation is correct.
to
They feel the Board of Adjustments does not have the authority to
rule on this issue, as it is a change in the zoning ordinance.
The city attorney stated, that he feels the attorney that gave Mr.
Martin the advise to go to Board of Adjustments might have given
different advice if he would be familiar with the provisions of our
ordinance.
^ At this point, Mr. Taylor stated the Board of Adjustments has two
0 (2) choices:
1%~ 1) if they decide Mr. LeGrand and Mr. Taylor are right,
they rule there interpretation is correct and they
do not have authority to go forward and the hearing
is adjourned.
r Then Mr. Martin will have had his hearing before
the Board of Adjustments and he can tell his
attorney that.
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2) if they rule the staff is wrong, that means they
believe there is some authority under which they
can consider it and go on into the public hearing.
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Motion was made to adjourn the meeting as the Board of Adjustments
members do not feel they have jurisdiction to hear the case.
r NJotion : Johnson
Second: Scoggan
Ayes: Johnson, Scoggan, Sorensen, Tate
Nays: None
Abstained: Downard
Approved: 4-0-1
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Board of Adjustments Minutes
April 24, 1989
page four
It was announced by the Director of Public Works, that the next
r, Board of Adjustments meeting will be held on May 8, 1989 at 7:30
p.m. The staff will send the section from the new proposed zoning
ordinance, that addresses the Board of Adjustments, to the members.
Agenda Item #3. Adjournment
Motion was made to adjourn the meeting.
Motion: Johnson
Second: Scoggan
Ayes: Tate, Johnson, Scoggan, Sorensen and Downard
Nays: None
Approved: 5-0 vote
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Lanny Tat
Chairperson
ATT ST: andra L. LeGrand
City Secretary
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