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HomeMy WebLinkAboutMinutes Board Of Adjustment - 12/17/2003 44.00 • Nt, N ZONING BOARD OF ADJUSTMENT MINUT c December 17, 2003 n eit � ti re 'yrs ow 0e `9 EZ4��w Board Members Present: Peter Mahaffey, Chairman s ti Thomas McDonald, Vice-Chairman Charles Schibi Gene Clancy(Alternate) John Martinez(Alternate) Board Member Absent: Louis Alvarado Robert Broadway Staff Present: Miguel S. Saldana, AICP, City Planner Joseph F. Harney, Assistant City Attorney Erma Ramirez, Recording Secretary CALL TO ORDER Chairman Mahaffey opened the public hearing for the Zoning Board of Adjustment at 1:30 p.m. and explained the procedure to be followed. Signs Today: Appeal No. ZBA1203-02 Request: A Special Yard Exception to reduce the front yard setback from 20 feet to 11.5 feet on Flour Bluff Estates, Block E, Lot 1, located on the southeast corner of Fawn Drive and Waldron Road. Mr. Saldana stated that the appellant, Signs Today, is requesting a Special Yard Exception to reduce the front yard setback from 20 feet to 11.5 feet in order to develop a sign shop and laundromat. Mr. Saldana described the location, land use, and zoning by means of computerized slides. He stated that because of the configuration of the property, there is an encroachment into the required 20 foot setback by 8-1/2 feet along Fawn Drive. He presented the submitted site plan depicting the location of the proposed development. He stated that other than the aforementioned encroachment, the rest of the development is in compliance with the Zoning Ordinance There were eleven (11) notices were mailed to property owners within a 200-foot radius, of which none were returned in favor or in opposition. The appellant/owner of the subject property submitted a notice in favor. Chairman Mahaffey opened the public hearing. SCANNED 11100 *1419 Zoning Board of Adjustment Minutes December 17,2003 Page 2 Mr. Robert Garza, 2957 Waterlily, builder for Signs Today, stated that in order to conform with landscaping and handicap regulations, a one-way entrance was proposed in order to minimize space to allow a parking space in the front of the building. With that proposal, the encroachment would be brought down to the corner of the lot. The appellant wishes to have a dual business, a Signs Today shop and a laundromat. The two (2) parking spaces to the rear will be for the sign shop employees; the parking spaces to the front will be for the laundromat. No one else appeared in favor or in opposition, and the public hearing was closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldana stated that Staff has no objection to the request. He felt that there were enough landscaped areas on the site to where the appellant could eliminate part of the landscape area on the corner encroachment. After a brief discussion, a motion was made by Schibi, seconded by McDonald, that the request be approved subject to the site plan submitted. Motion passed unanimously. The Board heard this case at the beginning of the meeting,then resumed with Case No. ZBA 1203-01. * * * * * * * * * * * * * * * * * * * * Wood Group Logging Services: Appeal No. ZBA1203-01 Request: A Special Use Exception to allow the storage of explosive materials on Richter Unit 2, Lot 4, located on the north side of Leopard Street and on the east side of Navigation Boulevard. Mr. Saldana stated that the appellant, Wood Group Logging Services, is requesting a Special Use Exception to allow the storage of explosive materials. He described the location, zoning, and land use by means of computerized slides and presented a site plan submitted by the appellant. He stated that this appeal is part of a recent Zoning Text Amendment allowing oil related businesses using explosives to remain in the "I-2" Light Industrial District subject to Zoning Board of Adjustment approval. He stated there is an apartment structure approximately 175 feet from the subject building. The appellant proposes to have four(4)bunkers/magazines to store explosives. A maximum of 50 pounds of explosives are allowed, including detonators or any explosive related materials. The reason for the different storage areas is to keep the explosives separate from the detonators. The Fire Marshall had no problem with the facility. He added that the next two appeals are also from businesses requesting the storage of explosive materials. The companies have been in business ranging from 12 to 20 years and on a regular basis are inspected by the ATF. Unlike the Fire Department, the ATF makes surprise inspections. Zoning Board of Adjustment Minutes December 17,2003 Page 3 Thirty-five notices were mailed to property owners within a 200-foot radius, of which none were returned in favor and four (4) were returned in opposition. The owner of the subject property submitted a notice in favor. After a brief question and answer session between Board Members and Staff, Chairman Mahaffey opened the public hearing. Mr. Dennis Murray, 181 Davis Road, Lake City, Texas, stated that the magazines are built by specific requirements when purchased. They are designed to explode up. The magazines are separated by 25 feet per regulations. They have been approved by the Alcohol, Tobacco, and Fire Arms Commission(ATF). Responding to Board Member concerns, Mr. Murray added that the ATF does not require specific training of employees, but the company does. They comply with the ITI regulations, provide training by the American Petroleum Institute, and internally certify their employees every year for the handling of explosives. He explained that all bunkers are designed the same, but are different in size because of the quantity of items that can be stored. They are limited to 50 pounds of explosives in the building. The detonators are stored separate from charges. Board Member Clancy inquired as to the radius of a fire should an explosion occur outside the bunker. Mr. Murray responded that the fire would not project outward. The fire would be a tall flame from the top of the bunker. He stated that they have been operating since 1999 at the subject location. When asked how the explosives are transported, Mr. Murray stated that the explosives are loaded into a perforated gun and are transported in accordance with Department of Transportation regulations. The transporting is done every day. Mr. Rudy Garza, Jr., owner of adjoining property, appeared in opposition stating that he owns a four-plex which runs parallel to the appellant's brick wall. His concern is for the 10 tenants in case of an explosion. He was not aware of any explosives. His concern is the transporting of the explosives since his driveway is less than 50 feet from the facility. Mr. Schwing, appeared in opposition stating that not only are there apartments, but residences also. His company is next door to the appellants' on the north side of Lots 10 and 11. He resides to the back of his property which is 50 feet from the edge of the subject property. He added that there are several residences facing Navigation Boulevard and other apartments on Leopard Street. No one else appeared in favor or in opposition, and the public hearing was closed. Chairman Mahaffey asked for Staffs recommendation. Mr. Saldana stated that the amount of opposition does concern Staff, however, with ATF Zoning Board of Adjustment Minutes December 17,2003 Page 4 inspections and Fire Department approval, Staff has no objection to the request. Motion was made by McDonald, seconded by Schibi, that the request be approved subject to the site plan submitted, limited to four (4) bunkers/magazines. Motion passed unanimously. PerfOLog Services, Inc.: Appeal No. ZBA1203-03 Request: A Special Use Exception to allow the storage of explosive and radioactive materials on Lantana Industrial Area, Block 10, Lots 5 and 6, located on the northeast side of North Lexington Boulevard and northwest of Lantana Street. Mr. Saldana stated that the appellant, PerfOLog Services, Inc., has requested a Special Use Exception to allow the storage of explosive and radioactive materials. PerfOLog will be moving to a new location for which they are requesting an appeal. He described the land use, zoning, and location of the subject property by use of computerized slides. He presented a site plan showing the location of the bunkers/magazines used for the storage of explosives and radioactive materials. The radioactive materials are stored in an underground capsule that holds three different storage bins. To remove the material, the whole capsule is raised from the ground. The radioactive source stored in the containers is approximately 1/3 the length the size of a pen and the same diameter of the pen. To the outside far back corner they propose to have a separate bunker which will be surrounded by a wall 12-18" thick. Fifty pounds of explosives is the maximum amount that will be stored. When asked the difference between the previous case and this one, Mr. Saldafia explained that this property is zoned an "I-3" Heavy Industrial District. They are in full compliance under the "I-3" District, but need a Special Use Exception for the explosives and for the radioactive material. On the previous case, the property was zoned an "I-2" Light Industrial District. They could not request a Special Use Exception for the radioactive material because they are only permitted in an"I-3"District. Four (4) notices were mailed to property owners within a 200-foot radius, of which two (2)were returned in favor and none in opposition. Chairman Mahaffey opened the public hearing. Mr. Andy Edlin, Rivera, Texas, representing PerfOLog, stated that they have been in business since 1987 at their present location. They are presently moving to the subject location and are complying with the new ordinance. He explained that the ATF provides the company a guideline of the weights of explosives and the distance they need to be away from each other. They are requesting anywhere from 300 to 350 pounds of explosives which will be stored in the outside bunker. Fifty pounds of explosives will be stored in the building. In the main building, there will be two bunkers. One bunker will hold explosives and the other will hold the Zoning Board of Adjustment Minutes December 17,2003 Page 5 detonators. Clancy inquired as to how many pounds of explosives are transported at a time. Mr. Edlin responded that normally they transport 8 pounds. The weight transported is determined by the Department of Transportation. If it is more than 8 pounds, two (2) vehicles are used. No one else appeared in favor or in opposition, and the public hearing was declared closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldana stated that since the Fire Marshall has approved the use, and is regulated by the ATF and the State and Federal Nuclear Commission, Staff has no objection to the request. After a brief discussion, a motion was made by Schibi, seconded by Clancy, that the request be approved limited to two (2) bunkers, one (1) outside explosive bunker, and two (2) radioactive material storage capsules as shown on the site plan. Motion passed unanimously. Owen Oil Tools LP W/H 11: Appeal No. ZBA1203-04 Request: A Special Use Exception to allow the storage of explosive materials on Suntide Industrial Park, Block 1, Lot 5, located on the east side of Suntide Road, north of Barrogate Drive. Mr. Saldana stated that the appellant, Owen Oil Tools, is requesting a Special Use Exception to allow the storage of explosive materials. He described the land use, zoning, and location of the subject property by means of computerized slides. He also presented a site plan depicting the location of the storage of explosives on the site. The appellant is requesting to provide two (2) magazines inside the building with a maximum of 50 pounds of explosives. Nine notices were mailed to property owners within a 200-foot radius, of which one (1) was returned in favor and one (1)was returned in opposition. Chairman Mahaffey opened the public hearing. Mr. Allen Sweeny, with the Compliance Department for Owen Oil Tools in Fort Worth, stated that the explosives intended for storage are power charges, which are composed of epoxy and wood pulp with 3-5% black powder mixed in. There are minimal explosives involved. The power chargers are hot wax generators used to set tools down in an oil well. The smaller of the two magazines will hold the detonators. He stated that the construction of the magazines are approved by the ATF. 441110 *NO Zoning Board of Adjustment Minutes December 17,2003 Page 6 No one else appeared in favor or in opposition, and the public hearing was closed. Chairman Mahaffey asked for Staff's recommendation. Mr. Saldafia stated that Staff has no objection to the request. Motion was made by Schibi, seconded by McDonald, that the request be approved subject to the site plan submitted and limited to two (2) bunkers/magazines. Motion passed unanimously. NOTE: For detailed information on testimony, refer to the tape retained on file in the Department of Development Services. APPROVAL OF MINUTES A motion was made to approve the November 19, 2003 minutes as amended. Motion passed unanimously. ADJOURNMENT The meeting adjourned at 3:08 p.m. 4111, ‘1110 Zoning Board of Adjustment Minutes December 17,2003 Page 7 H:\PLN-DIR\ERMA\WORD\ZBA\MINUTES\121703ZBAMINUTES.DOC Zoning Board of Adjustment Minutes December 17,2003 Page 8 The December 17, 2003 Board of Adjustment Minutes were approved as written/amended on January 28, 2004. ATTEST: Peter B. Mahaffey, Chairman Zoning Board of Adjustment Minutes December 17,2003 Page 9 H:\PLN-DIR\ERMA\WORD\ZBA\MINUTES 1 21 703ZBAM INUTES.DOC