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Zoning Board of Adjustments Minutes - 11/17/1988M I N U T E S ZONING BOARD OF ADJUSTMENT November 17, 1988 PRESENT Richard Sutton, Chairman William Kidd Syd Litteken Bill Rowland * Members Richard Sutherland, Alternate #2 Edna Boren, Alternate #3 Burrell Lacey, Alternate #4 Roger McKinney, Director of Planning Bill Sullivan, Assistant City Attorney Jim King, Inspections Coordinator * City Staff Julie Black, Planner II Barbara Bridges, Recording Secretary ABSENT David Gossom * Member Ron Buffum * Councilor (The Board was composed of only 8 members at the time of this meeting.) CALL TO ORDER The meeting was called to order by Chairman Sutton on November 17, 1988 at 1:40 P.M. The regularly scheduled meeting date of November 16, 1988 was postponed due to the required notice not being posted in time. APPROVAL OF MINUTES It was moved by Bill Rowland, seconded by Richard Sutherland, and passed unanimously that the September 21, 1988 Minutes be approved BUSINESS ITEMS V-88-10. Variance request to establish a 10 ft buildi line at 201 E. Scott (204 Jalonick) Street setback This business item was presented to the Board by Ted Litteken, building contractor, and Carlson Stewart, property owner. Mr. Litteken advised Mr. Stewart plans to replace his building which burned, and proper location of the new building would necessitate a 10' setback along Jalonick. Moving the building northward on the lot is not feasible, because this would create a traffic con- gestion problem at the entrance to the lot. Mr. Litteken noted there are several businesses constructed at a reduced setback in the area; therefore, he felt this variance "would not be changing the nature of the neighborhood." 99 I t em :Vo ate' Page No. Chairman Sutton asked if a variance only for the southwest corner of the building would be acceptable. Mr. Stewart advi edt this would accommodate the building plans. After moved by Richard Sutherland that since the variance would meet the criteria of Section 7340 of the Zoning Ordinance because it would not be contrary to the public interest, and also because the unusual nature of the property and the potential traffic conges- tion problem create special conditions, that a variance to allow up to a 10' building limit line be granted along Jalonick Street only for that area encroached by the southwest corner of the proposed building. The motion was seconded by Bill Rowland and carried unanimously by vote of Sutherland, Kidd, Rowland, Sutton, and Litteken. 2. A-88-07. Administrative appeal to staff decision that a commer- cial automotive repair garage did not exist prior to the Zoning Ordinance at 607 Star Avenue Chairman Sutton noted past action on this address included denial by the Planning & Zoning Commission and the City Council for a conditional use permit to operate a commercial automotive repair garage at this address, which is in a Residential Mixed Use zone. Charles Allen, applicant, addressed the Board. He stated he was not aware of the grandfather provision when he applied for a conditional use felt should verifyded Board hiis claim thatrs his ith shop various papers which h shopshould qualify as a grandfathered use including: - a site plan, - a map provided by the Planning Department in the notifica- tion process which shows the adjacent Heavy Commercial zone, - signatures from his neighbors who feel he should be able to keep his shop, - letters from car lots stating his shop existed in 1984 and 1985, - a letter stating business cards were purchased listing his address on 607 Star Avenue, with one business card attached. Mr. Allen also refuted some of the complaints received about his business through the notification process. Participation in the public hearing from surrounding property owners is summarized as follows: Mar Miller ro ert owner of 602 Star Ave. I am here to verify that he has had a shop in the rear of his property for at least 10 years, and this should be in the grand- father clause. My renters at 602 Star say the noise never bothers them, and I can't see why he shouldn't keep it open. Georgia Stunson, 609 Star Ave. I have lived at 609 Star since 1975, and if Mr. Allen had a com- mercial has been one constant hassle." aware of it. However, did say I working racewould go race c ILeC .:c,. MANS_ 100 Page :.o. L along with the commercial designation provided my property would also be listed commercial, and I could either sell it as commer- cial, or use it "in any way that I see fit." Aretta Stunson, 605 Star Ave He did not have a commercial garage prior to zoning. He did work on race cars and had a shop that burned down. The present build- ing was not constructed until 1985. (Later in the meeting Mr. Allen claimed that the building which burned was only a storage shed, and not his shop.) Gordon Lee Lackey, 608 Star Ave I own four lots in this area and before I bought I asked around if there was any business, and the only thing I was advised of was Charles Allen worked on a race car now and then. I never saw a sign until 6 months ago. I feel this business going in will "ruin the value of my property." I consider that his previous work on race cars was a hobby; however, he worked at a location on East Jefferson at one time. Mr. McKinney stated the question before the Board is whether or not a commercial repair garage was legally existing prior to the Zoning Ordinance, and should therefore be allowed to remain. He noted that none of the sources researched by the staff including building permits, tax appraisal district records, utility com- panies, phone listings, and City Directory listings indicate this. Mr. Sutherland asked Assistant City Attorney Bill Sullivan if the statements submitted by Mr. Allen are in fact legal affidavits in support of his case. Mr. Sullivan stated his opinion they are not legal affidavits, as there is no statement that the affiant is testifying on fact that he knows to be true by personal knowledge. Upon questioning, Mr. Allen stated he did not have any further evidence to present which would show that he was operating a commercial garage, such as business income tax records, invoices, payroll, quarterly reports, utility accounts, bank account, or logo -headed paperwork. He stated that since he only worked for car lots, not the general public, and his income was reported as labor, he did not need to keep any records as mentioned. He only did a small amount of repair work for friends or neighbors occasionally "on the side". Mr. McKinney read Section 6115 of the Zoning Ordinance, which per- tains to this case: "Any parcel of land, structure, or use, existing at the time of the enactment of this ordinance may continue to exist, even though such parcel of land, structure, or use may not conform to the provisions of this ordinance for the district on which it is located. However, this Section shall not apply to any parcel of land, structure, or use established in violation of any ordinance previously in effect in the City of Wichita Falls." i Item " 101 r i Page .;o. 3 3 Concerning the reference "established in violation" in this section, Mr. McKinney noted, and Mr. Allen agreed, that no building permit was taken out for construction of the garage. Various questions were also directed to Mr. Allen to determine if the shop was However, nth is was not e of the determined enactment of this ordinance." determined through the ques- tioning. After lengthy discussion, Mr. Litteken stated his opinion that the Board did not have enough information to make a decision. It was moved by Richard Sutherland that the application be tabled on the basis that there may be some other information, financial or otherwise, or other people to address the Board, which Mr. Allen might want to present, which could "shed some light on this." He felt this would be a fair action on the part of the Board to Mr. Allen, especially since the meeting was postponed by a day, and therefore some of the people who had agreed to speak for Mr. Allen were not available. Mr. Sutherland stated that he personally would suggest that Mr. Allen present to the Board: - invoices to car lots illustrating that work was performed by him at 607 Star Ave. - cancelled checks issued to Mr. Allen through 1985 for labor or mechanical services. - representatives from the car lots who will verify that Mr. Allen completed auto repair work for their company at 607 Star, and when such work was performed. - any additional evidence to support the allegation. Mr. Kidd also stated he would want to see checks issued to Mr. Allen. After further discussion, Mr. Sutherland amended his motion to add that the case would be tabled until December 21st, the next regu- larly scheduled meeting date of the Board, when action will be taken on the request. However, he stated he did not mean to imply that the provision of any additional information would ensure that the request would be approved. The motion was seconded by Bill Rowland, and carried -with a vote of 4 in favor by Sutherland, Rowland, Kidd, and Litteken, and 1 opposed by Chairman Sutton. The meeting adjourned at 3:30 p.m. * * x /1 I Z Richard N. Sutton, Chairman Date