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HomeMy WebLinkAbout08-12-02 ZBA MinTOWN OF WESTLAKE, TEXAS MINUTES OF THE MEETING OF THE ZONING BOARD OF ADJUSTMENT August 12, 2002 Present: Don Redding, Chairman Bill Frey, Member Fred Held, Member Larry Sparrow, Member Trent Petty, Town Manager Matthew Boyle, Assistant Town Attorney Stan Lowry, Town Attorney Ginger Crosswy, Town Secretary Absent: Buddy Brown, Member Also present were Ms. Sherry L. Gray, owner of Kennel Kare, Inc., Ms. Amy Reilly, Ms. Gray's attorney, and Mr. Don Dansby, Ms. Gray's CPA. Item # 1:Chairman Redding called the meeting to order at 6:31 p.m. by announcing a quorum, consisting of Mr. Held, Mr, Frey, Mr. Sparrow and himself Item #2: Review and approve the minutes of the meetings held on June 11, 2001, August 13, 2001, April 8, 2002, June 12, 2002 and July 22, 2002. There was a motion by Mr. Sparrow, seconded by Mr. Held, to approve the minutes as presented. There was no discussion and the motion caned unanimously, Item #3: Conduct a Public Hearing to consider the termination of the legal nonconforming status of the use of Kennel Kare, Inc., and it's associated dog - boarding operation, located at 2205 N, Pearson Lane. Chairman Redding read the item and turned the floor over to Mr. Boyle who then went through the history of this issue. Mr. Boyle asked Chairman Redding to enter into the record a binder containing the 30 exhibits that he was explaining to the Board. Chairman Redding entered this item into the record. Mr. Boyle asked Chairman Redding to enter into the record a copy of the minutes of the Board of Aldermen meeting of September 24, 2001, a copy of the minutes of the Zoning Board of Adjustment meeting of June 11, 2001, and a copy of the agenda that was posted for the Zoning Board of Adjustments meeting of August 13, 2001. Chairman Redding entered these items into the record as well. Mr. Boyle told the Board that under the Local Government Code a super majority is required and since only four of the five members of the Board are present a vote taken must be unanimous for the motion to carry. At 6:58 p.m. Chairman Redding recessed the meeting to reconvene 5 minutes after the Board of Aldermen meeting adjourns. The Zoning Board of Adjustments meeting was reconvened at 8:29 p.m. At this time Mr. Boyle read the first motion and advised Chairman Redding to open the public hearing to take comments from the audience. Chairman Redding opened the public hearing at 8 :30 p.m. Ms. Amy Reilly introduced herself as Ms, Gray's attorney and stated that since the issue of whether Ms. Gray's property was ever legally annexed into Westlake is before the Tarrant County Court of Appeals they do not think that this Board has any legal standing, but they are in attendance just to protect Ms. Gray's rights, She also told the Board that if this motion is passed, Ms. Gray would have no other recourse than to bring a lawsuit against the Town. There was a short question and answer session. No one else appeared to speak so the public hearing was closed. The following motion was made by Mr. Frey and seconded by Mr. Sparrow: "I move that based on the evidence presented regarding the use of Kennel Kare, Inc., and its associated dog boarding operation, located at 2205 N. Pearson Lane, the residential character of the surrounding neighborhood, the kennel's impact on the public health and welfare, and the property rights of Ms. Gray, the ZBA terminate the legal ley 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 lination 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. Moths' 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 _ drring 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 ti6n eeting was adjourned at 10:40 p.m. the ~roved by the Zoning Board of Adjustments on // 2-5: , 200 2. 170 ATTEST: Ginge rosswy, Town Se tary A- Don Redding, Chairman