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Home My WebLink About10-28-1993 Public Hearing and Regular Meeting ZBOA (2) MINUTES ZONING BOARD OF ADJUSTMENT OCTOBER 28, 1993 Members Present: Chairman Deborah Bernay, Board Members Bob Capen, Sidney Grant, Charles Christensen, Willie Walker Members Absent: Alternate Board Members James Zoller, Ruben Salinas City StatT Present: Chief Building Official Mark Lewis, Assistant City Attorney John Armstrong, City Inspector Robert Stoddard, Planning Secretary Peggy Lee I. CALL TO ORDER Meeting was called to order by Chairman Bernay at 7:04 PM. II. APPROVE MINUTES OF THE SEPTEMBER 23, 1993, BOARD OF ADJUSTMENT MEETING With no additions or corrections, Chairman Bernay declared the minutes approved as presented. III. ELECT A VICE CHAIRMAN A nomination was made by Bob Capen and seconded by Sidney Grant to elect Charles Christensen as Vice Chairman. A motion was made by Sidney Grant to elect Charles Christensen by acclamation. The motion was seconded by Bob Capen. Chairman Bernay declared Mr. Christensen as the new Vice Chairman. IV. CONSIDER APPEAL OF THE ENFORCING OFFICER'S DECISION #A93- 002. THIS IS AN APPEAL TO THE CIlY INSPECTOR'S DETERMINATION THAT THE APPLICANTS TRUCK IS A TRUCK TRACTOR AND A COMMERCIAL VEHICLE AND THAT AS SUCH CANNOT BE PARKED OR STORED IN A RESIDENTIAL ZONE. Page 2 of 6 Zoning Board of Adjustment Minutes of October 28, 1993 Mark Lewis reported to the Board that the City had received a complaint regarding the parking of trucks in a residential area. During investigation of the complaint, the City Inspector found two (2) Gruman truck tractors and a Groman trailer on the property. One of the trucks was operable, the other inoperable. The Inspector determined that trucks owned by the applicant, Mr. Randolph N. Morvant, Jr., are considered truck tractors and commercial vehicles per the terms of Zoning Ordinance 1501. Based on the Inspector's determination, this type of vehicle cannot be parked or stored in a residential zone. The Inspector informed the owner that the trucks could not be parked on that particular property (2410 Crescent Drive). Mr. Morvant removed the trailer and the inoperative truck tractor from the property. The applicant has registered the operable vehicle as a pickup truck and based on this registration, contends that this type of vehicle is indeed a pickup truck, not a truck tractor. He disagrees with the Inspector's determination and wishes to continue parking this type of vehicle at his home. Mr. Lewis summarized the events that resulted in the appeal being filed. Mr. Lewis stated there were 18 public notices mailed to adjacent property owners. Five (5) replies were received; one (1) from Mr. Morvant in favor of the appeal, four (4) were in opposition. Mr. Lewis stated the Inspector's determination regarding this matter was based on several points. He noted that under the definitions Section 3-100 of the Zoning Ordinance, a truck tractor is defined as "every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn". In addition, the definition of a commercial motor vehicle is defined as "any motor vehicle designed or used for the transportation of persons or property for hire, with a rated carrying capacity in excess of one ton, including every vehicle used for delivery purposes". As defined by the Zoning Ordinance, the trucks in question are clearly truck tractors. Mr. Lewis noted that the trailer was not referenced in Mr. Morvant's appeal and that he is not appealing the fact that the trailer is an inappropriate type of vehicle to be placed on the property. Per the DPS, the "Gross Vehicle Weight Rating" (GVWR) for the trucks is 8,000 to 9,000 pounds. Since this rated carrying capacity is in excess of one ton, the trucks are clearly defined as commercial motor vehicles. Page 3 of 6 Zoning Board of Adjustment Minutes of October 28, 1993 Mr. Lewis stated that based on these points, the Inspector's determination was correct. Mr. Lewis stated that the determination that these vehicles cannot be parked in a residential zone was based on two (2) separate Zoning Ordinance provisions. They are as follows: First, Section 10-300.8 states that "it shall be unlawful for any person to leave, stand or park a commercial motor vehicle...or a truck tractor on any property zoned for residential use." Secondly, Section 10-604.7 states that "off street parking facilities accessory to residential use shall be used solely for the parking of licensed and operable passenger automobiles. Under no circumstances shall required parking facilities...be used for the storage of commercial motor vehicles...trailers, trucks, or truck tractors..." Mr. Lewis noted that the fact that two (2) separate sections of the Zoning Ordinance address this issue makes clear the intent of the Planning and Zoning Commission and City Council that this type of vehicle should not be allowed in residential zones and neighborhoods. It is staffs opinion that: 1) The determination of the Enforcement Officer did not misinterpret the Zoning Ordinance regulations that pertain to this matter. 2) Zoning Ordinance regulations are not unreasonable. 3) Granting this appeal would convey a special privilege to the applicant. 4) Granting this appeal would not be in the best public interest nor would it be consistent with the spirit or intent of the City's Zoning Ordinance and Comprehensive Plan. Staff, therefore, recommended that the appeal be denied. Page 4 of 6 Zoning Board of Adjustment Minutes of October 28, 1993 A. PROPONENTS Chairman Bemay swore in Mr. Randolph N. Morvant, Jr. Mr. Morvant declared he registered the pickup truck based on the original title and registration of the State of California. The State of Texas has recognized the design of this pickup truck by proof of insurance and inspection. Mr. Morvant stated he is not challenging the Zoning Ordinance. He believes his vehicle is a pickup truck and should not be considered a truck tractor or commercial vehicle. Mr. Morvant stated there are other trucks of this type within one to two blocks of his property. Mr. Morvant noted there is a bed on the truck making it capable of carrying a load. It also has a bumper hitch, making it capable of pulling a utility trailer. In regards to Mr. Lewis' comments about residential streets not being designed to accommodate truck and trailer traffic, Mr. Morvant pointed out that the City's and B.F.I.'s trucks weighed much more. He noted his truck is not for hire. Mr. Christensen asked what the truck was used for. He replied he used it like a pickup truck. Mr. Morvant stated a police officer was present at the time the Inspector issued him a citation. The police officer told the Inspector not to write the citation because it was not a commercial vehicle. Mr. Grant asked if he carried commercial insurance on the vehicle and if a commercial license was required to operate the vehicle. Mr. Morvant answered "no" to both questions. Mr. Capen asked what the carrying capacity was. He replied "one ton". Page 5 of 6 Zoning Board of Adjustment Minutes of October 28, 1993 Chairman Bernay swore in George Morvant, Randy Morvant's brother. Mr. Morvant suggested the complaint against his brother could possibly be due to a personality conflict with one of his neighbors. Mr. Morvant stated there are many vehicles throughout the City that weigh more than his brother's truck. B. OPPONENTS Chairman Bernay swore in Doyle Westergren. Mr. Westergren asked the Board to rule against the appeal. Chairman Bernay swore in Richard Luna. Mr. Luna agrees with staffs opinion that the pickup should be classified as a commercial vehicle. Chairman Bernay swore in Vickie Woodward. Though Ms. Woodward is a proponent, she spoke at this time. Ms. Woodward has never seen Mr. Morvant use his truck as a commercial vehicle. She doesn't feel that the truck creates any problems by being there. Mr. Morvant provided the Board photographs ofthe truck and trailer. During discussions, Mr. Grant noted that in trying to determine what the classification of the vehicle is, you have to consider the truck only and not what it could be considered if the trailer were attached. Mr. Grant had some concern regarding whether or not a vehicle manufactured as commercial, remains commercial for the life of the vehicle. Mter much discussion, a motion was made by Sidney Grant to grant Appeal # A93-002. The motion was seconded by Charles Christensen. All were in favor with the exception of Bob Capen who abstained. The motion passed. Page 6 of 6 Zoning Board of Adjustment Minutes of October 28, 1993 v. STAFF REPORTS Mr. Lewis informed the Commission that due to the Thanksgiving holidays, the November meeting is scheduled for November 11. Board Members are asked to contact Mrs. Lee if they cannot attend. VII. ADJOURN Chairman Bernay declared the meeting duly adjourned at 8:45 PM. Respectfully Submitted, Peggy Lee, Planning Secretary Minutes approved on the 9th day of December . 1993. Deborah Bernay, Chairman Board of Adjustment