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07/19/2007-BOA-Minutes-RegularI MINUTES: BOARD OF ADJUSTMENTS July 19, 2007 PRESENT: Polly Dwyer, Tracy Murphree, Carroll McNeill, Joe Falls, James Adams, Lori Pethtel, Dorcyle McClure ABSENT: John Looper, Bobbye Robison OTHERS PRESENT: City Secretary/Assistant City Manager Rose Chavez, Engineering Coordinator Samantha Renz, Economic Development Director Cecile Carson, Evelyn Shaw, Rebecca Busby, Ken Shaw, Stephen Barns, Daphnia Clement, Nim Ashley, Nick Neyrey, Georgia Royal, Linda Thaten, Michelle Johnson, Curt Fowler, Javier Hernandez, Ben Tullier 1. Polly Dwyer Called Meeting to Order. 2. Approve Minutes: June 7, 2007 Tracy Murphree moved to approve the minutes as presented. Carroll McNeill seconded. Motion carried unanimously. 3. Elect Chair and Vice-Chair Persons. Joe Falls nominated Polly Dwyer for Chair Person. Tracy Murphree seconded. Motion carried unanimously. Joe Falls nominated James Adams for Vice Chair Person. Carroll McNeill seconded. Motion carried unanimously. 4. Conduct Public Hearing to Consider a Variance Request Concerning the Minimum Lot Width for Single Family Dwellings on Property Legally Described as Abstract 1241, Tract 325. Property is Located on Railroad Avenue. 5. Public Hearing Opened. Kurt Fowler, Habitat for Humanity, P.O. box 425 Denton, TX, indicated he hoped they would pass the variance so that they could help more families. Polly Dwyer asked if the homes were being built for Sanger citizens. Mr. Fowler indicated they are for the people on the list. Georgia Royal, 203 E. Willow St., indicated she was opposed to the variance request. Brief Discussion regarding size of lots, size of homes, financing and facade. Public Hearing Closed. Consider and Possible Action on a Variance Request Concerning the Minimum Lot I Width for Single Family Dwellings on Property Legally Described as Abstract 1241, Tract 325. Property is Located on Railroad Avenue. Joe Falls indicated he did not feel this was the Board of Adjustments call. Brief Discussion. Joe Falls moved to deny the request. Tracy Murphree seconded. Motion carried 5 to 2. Dorcyle McClure and Carroll McNeill voted no. 6. Conduct Public Hearing to Consider a Variance Request Concerning Rear Yard Setbacks on Property Legally Described as Abstract 940 A McKinney & Williams Survey, Tract 6, Being 4 Acres. Property is Located off of Cowling Road. Public Hearing Opened. Nick Neyrey, Sampson Homes, asked what was going on the property. Nim Ashley, 402 9th Street, owner of A& W Productions indicated they build truck parts for Peterbuilt, and employ 47 people, They have been at this location since 1996 and have run out of room. They are looking to build a 3rd building. Mr. Ashley showed a layout to the Board. Staff indicated if this is indeed the location of the property, this item would have to be tabled and re-published. 7. Consider and Possible Action Regarding a Variance Request Concerning Rear Yard Setbacks on Property Legally Described as Abstract 940 A McKinney & Williams Survey, Tract 6, Being 4 Acres. Property is Located off of Cowling Road. Item Tabled. 8. Conduct Public Hearing to Consider an Appeal of the Building Inspector's Decision Regarding the Zoning Category Placement of the Business currently operating at 700 S. Stemmons Dr. The Property is Legally Describes as W.E. Henry Industrial Development, Lot 1. Cecile Carson, Economic Development Director, addressed the Board, she indicated she had spoken to other cities regarding where they would place this type of business. Discussed that other cities have this same type business in Commercial zoned areas, including one near a hospital, and one near an Interstate Highway .. Discussion regarding the Texas Department of Health's issuance of license and Certificate of Occupancy. Polly Dwyer asked staff if they felt this business had communicated honestly the whole time. Rose Chavez, City Secretary, indicated she felt they had. Discussion regarding health permit. I Discussion regarding materials used in the cameras stored at this location. Rebecca Barnes, 125 Southside Dr., heard there was dumping of materials from this business. Steve Barnes, Desert X-Ray, indicated there was an incident, they have chemicals they use to develop film in their trucks. One of the employees rinsed out his truck in the parking lot. This chemical has the same consistency as hand cleaner. It is neutralized with acidic acid. Polly Dwyer asked if the City agreed this was a non-issue. Rose Chavez indicated she felt the City had over-reacted. Linda Thaten, property owner, expressed concerns regarding alleged spill, and asked if MSDS sheets were provided, and who paid for the clean up. Steve Barnes indicated the MSDS sheets were provided and the company paid for the clean up. Discussion followed. Public Hearing Closed. 9. Consider and Possible Action Re2ardin2 an Appeal of the Buildin2 Inspector's Decision RC2ardin2 the Zonin2 CatC20f'Y Placement of the Business currently operatin2 at 700 S. Stemmons Dr. The Property is Legally Describes as W.E. Henry Industrial Development, Lot 1. James Adams asked if the company needed a Certificate of Occupancy. Cecile Carson indicated they do need one if the appeal is approved. Joe Falls moved to approve the appeal provided that Desert X-Ray complies with all procedures, 20idelines of the fire department and City, containment facilities, and that all license provisions are met, and a Certificate of Occupancy is obtained. Dorcyle McClure seconded. Motion carried 6 to 1. James Adams opposed. 10. Meeting Adjourned. Approved