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HomeMy WebLinkAbout08-12-02 PZ MinMinutes of Planning & Zoning TOWN OF WESTLAKE, TEXAS MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION August 12, 2002 Present: Hank Barry, Member Sharon Sanden, Member Stan Parchman, Member Trent Petty, Town Manager Jeff Williams, Town Engineer Matthew Boyle, Assistant Town Attorney Ginger Crosswy, Town Secretary Absent: William E. Greenwood, Chairman Allen Heath, Vice Chairman Item #1: Commissioner Barry opened the meeting at 5:10 p.m. Item #2: Review and approve minutes of the regular meeting held on July 11, 2002. Motion by Commissioner Sanden, seconded by Commissioner Parchman, to approve the minutes as presented. There was no discussion and the motion carried unanimously. Item #3: Consider approval of the final plat for Daimler/Chrysler development (Circle T Corporate Center No. 1). Mr. Petty explained to the Commission that the language on the plat regarding the easements had been revised and staff was now recommending approval of the plat. The new language says that if the easement changes it must come back to the Town for approval. Mr. Petty stated that the approval should include the letter from Hillwood Development Corp. dated July 25, 2002, and the Owners dedication. There was a motion by Commissioner Parchman, seconded by Commissioner Sanden, to recommend approval of the final plat for the Daimler/Chrysler development (Circle T Corporate Center No. 1) with the two stipulations that were listed by the Town Manager. After a short question and answer session the motion carried unanimously. Item #4: Motion by Commissioner Sanden, seconded by Commissioner Parchman, to adjourn. The motion carried unanimously. The meeting was adjourned at 5:17 p.m. Approved by the Planning & Zoning Commission on September 17, 2002. ATTEST: Hank Barry, Member Ginger sswy, Town Seer http://www.westlake-tx.org/agendas/pm08l2O2.htm 09/18/2002 169.. nonconforming status of the use of Kennel Kare, Inc., and its associated dog boarding operation, located at 2205 N. Pearson Lane." There was no discussion and the motion carried unanimously. At this time Mr. Boyle read the second motion before the Board and explained the financial implications of the nination of the nonconforming use of this property. Mr. Boyle introduced Mr. Matthew R. Morris of Value, Inc. Morris introduced himself to the Board by listing his education and experience in the financial field. Mr. Morris' firm had prepared a report, which was passed out to the Board, determining whether Ms. Gray had recouped her investment in the Kennel. In going through the report with the Board Mr. Morris stated that he had determined that, not only has Ms. Gray amortized her investment but also for every dollar invested she has recovered two. Mr. Boyle asked Chairman Redding to enter into the record a worksheet that Mr. Morris had prepared showing the figures that proved his assessment. The worksheet was passed out to the Board and Chairman Redding entered this item into the record. At this time Chairman Redding opened the public hearing. Ms. Reilly introduced Mr. Dansby to the Board as the CPA who has done Ms. Gray's taxes since 1991. Mr. Dansby went through the items on Mr. Morris' worksheet that they were in disagreement with. Ms. Reilly asked Chairman Redding to enter into the record two worksheets. The first was titled "Kennel Kare, Inc., and Sherry L. Gray, Recovery of Investment Conclusion" and the second was titled "Reasonable Salary Computation at 20% of Revenue". These worksheets show where they disagree with Mr. Morris' numbers. Chairman Redding entered these two items into the record. After further explanation, Ms. Reilly asked Chairman Redding to enter into the record another worksheet entitled "Kennel Kare, Inc. and Sherry L. Gray, Recovery of Investment Conclusion" that does not include moving and demolition costs. Chairman Redding entered this item into the record as well. Mr. Boyle read excerpts from the deposition given by Ms. Gray in this matter, stating that she no longer worked at the kennel. Ms. Gray then testified explaining that she misunderstood the questions during the depositionand that she does have a large management role regarding Kennel Kare, Inc. There was a long question and answer session at this time. Ms. Reilly told the Board that this concluded Ms. Gray's evidence relating to the matter. Mr. Boyle and Mr. Morris gave their rebuttal to the evidence presented by Ms. Gray's attorney. The meeting was recessed at 10:20 p.m. meeting was reconvened at 10:28 p.m. Mr. Boyle stated that the evidence entered into the record during this sing would be given to the court reporter to be included in the transcript. Ms. Reilly agreed that the exhibits given to the court reporter were the exhibits previously entered into the record. Mr. Boyle then summarized the evidence that had been presented to the Board and requested the second motion be adopted as presented. Ms. Reilly asked that the Board deny the motion in question. The public hearing was closed and the following motion was made by Mr. Sparrow, seconded by Mr. Frey: "I move that based on the evidence presented, Ms. Sherry Gray and/or Kennel Kare, Inc.'s investments into the use of Kennel Kare, Inc., and its associated dog boarding operation, located at 2205 N. Pearson Lane, have been fully amortized. Based on that finding, I move further that the ZBA order the discontinuance of the use of Kennel Kare, Inc., and its associated dog boarding operation, located at 2205 N. Pearson Lane, effective 30 days after the issuance of a final, non -appealable judgment or order of the current challenge to the Town Limits of Westlake in Cause No.'s 153-192659-02 and 02 -02 -00173 -CV, styled as Sherry Gray v. the Town of Westlake and the Town of Westlake Zoning Board of Adjustment." There was no discussion and the motion carried unanimously. Mr. Boyle then requested that the third motion before the Board be adopted. The following motion was made by Mr. Held, seconded by Mr. Sparrow: "I move that the decisions of the ZBA on this date concerning ZBA Case 01-01, Kennel Kare, Inc. and Ms. Sherry Gray, be filed with the ZBA's office, which is the Town Secretary at 3 Village Circle, Suite 207, Westlake, Texas, immediately upon the adjournment of this meeting." There was no discussion and the motion carried unanimously. There being no further business to come before the Board 7o, eeting was adjourned at 10:40 p.m. iroved by the Zoning Board of Adjustments on �/ S2002. 170 Don Redding, Chahm= ATTEST: L - (4, " Cringe rosswy, Town Se uuy C