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HomeMy WebLinkAboutZBOA Minutes 1972-03-21 Special MINUTES OF A SPECIAL MEETING OF FRIENDSWOOD BOARD OF ADJUSTMENTS ' March 21 , 1972 ' A special meeting was held of the Friendswood Board of Adjustment on Tuesday, ' • March 21 , 1972 at the. City Hall . The purpose of the meeting was to hear the casee -of the Builders Truss Company, 1408 South Friendswood Drive. . , . • • . . The following Board members were present: . Mrs. Ivy Fossler--Chairman . . Mr. George W. Rummel--Sect. Mr. Bruce Foster - - Mrs. Leah North Mr. William E. Dykes - Mr. Milton Windler , . • The meeting was opened by Mrs. Fossler, who asked the Board Secretary to read the following: • . 1 . A letter dated February 26, 1972 from Mr. Carl C. Roy, Attorney • . - and Agent for Builders' Truss Company, requesting a hearing before the Board of,Adjustment. '2. A notice posted by the Secretary setting the date, time and place , - of the hearing. 3. A .letter. from Mr. Cline to Mr. Homer C. Tutton, .owner of Truss • Plant, dated February 18, 1972, ordering him to stop all . • • • fabrication at the Plant on or before March' l , 1972. Mr. . Carl Roy, Attorney, presented the case for the,.Truss Plant. He contended • that the Plant was in compliance with Ordinance #132 on the following basis: -1 : . The Plant is located in a C-1 zoning area. • . ' 2. A C-1 area; allows "building materials" and his interpretation of ' • this is that manufacturing of building materials is allowed. Trusses for. houses are building materials. . 3. The Friendswood 'Planning Commission approved the 'plans submitted by ' , . , Tutton Enterprises on August 5, 1971 and the Building Inspector ' approved the type building on -August 9, .1971 and issued Building Permit No. B-661 . Mr. Homer Tutton testified under oath that he did not buy the property where the Plant is located until after the plans had been approved and the building permit ' ' . ' issued. He said he never would have purchased the property if he thought there would be' objection to manufacturing trusses on same. He said he had about $250,000.00 total investment in the plant. He said he had not filled out portions of the building permit application, such as "purpose of building", • because• no one asked him to. ' ' Mr. 'Thomas R. Dunnam, General Manager of the Truss Plant testified under oath to • . • the following: . 1 : , The Plant, working hours are now 7:00 A.M. to .7:00 P.M. , five days . . - per week. In the past the plant has worked until midnight and on Saturdays to get the orders filled. They employ about 20 people. . 2., They manufacture about 150 trusses per day. . Their first quarter . ' sales were about $100,000.00, they expect to have annual sales of $500,000.00. They charge 5% State Sales Tax, of which 1% will '-, eventually go to the City of Friendswood.' 3: Mr. Dunnam went into some detail as to how the trusses were mad e ' and answered questions about the Plant. :. . • Mr. Richard White, a Sound Engineer hired by Builders Truss to conduct noise levels at different points around the Plant, testified under. oath regarding the _ results of' these tests. A copy of his report was given to each Board Member. There was considerable questioning by Board Members of Mr. White regarding these .. tests. • . The Board Secretary read a notarized statement dated March 16, 1972 by Mr. Rodger J.' Koppa, member of the Friendswood Planning Commission. It was ' • y '. . Mr. Koppa who signed the original drawings for the Truss Plant,' approving same. H,� Mr. Koppa s statement says that Mr. Cline informed the Planning Commission the • .building "was to be used for the storage of equipment and lumber, as a storage .• ' . shed. '.' . . Mr.' Frank Green, a member of the Planning Commission, who was present. when the plans were approved, testified under oath that Mr. Koppa 's statement described what. his impressions were of the use of this building. Mr.' L.. B. Cline testified under oath that his conversations with Mr. - Tutton led him to understand the building was to be.used for the storage of building materials, primarily lumber. .He said the mention of some sawing came up but he understood this to be a minimum usage for the convenience of customers who . wanted something cut to size, which is a normal lumber yard service. H . ' The Board Secretaryread next a petition dated January 10, 1972, :to the City - - • Council of the City of Friendswood. This petition, signed by fourteen (14) , people, representing seven (7)- families, requested the Council to shut down the. manufacturing operations' of the Truss Plant for various reasons. . Mr. J.' D. Burns, one of the signers of the above petition, testified under oath • to the following: • . : ( ' • 1 . He resides about 300 to 350 yards from the Plant.. • , 2.- . The Plant has operated many times until midnight or after. . 3. The noise of the pneumatic staple guns, high speed saws and forked . ' lift truck have kept he and his family awake on many nights. He ' is considering selling his residence if it is not stopped. Mr. Donald F. West, another signer of the above petition, testified under oath • to the following: - 1 . He lives about 100 yards from the Plant. . 2.. The same noises as above described by Mr. Burns have kept his family ' awake at night. 3. The forked lift truck used to handle the lumber and trusses' runs • • around outdoors and in addition to the noise it causes the ground to tremble. . 4-:' The lumber and trusses are piled all over the property. in. an un- sightly manner and could attract rats . - Mr. Ody Jerden, Attorney for the City of Friendswood, questioned Mr. Dunnam about the plans submitted and the building permit application. Mr. Dunnam . verified that these were the true plans and that the writing on the building permit in light blue ink was his writing. The hearing was adjourned by Mrs. Fossler about 10:00 P.M. until Tuesday, March 28, 1972 at 8:00 P.M: at the Friendswood City Hall . • . . • Respectfully submitted, • • George W. Rummel , Secretary Board of Adjustment GWR/mw