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HomeMy WebLinkAbout9-22-99 BA MinutesBOARD OF ADJUSTMENT September 2, 1999 City Council Chambers A meeting of the Board of Adjustment was held on September 2, 1999, with the following members present: Chairman Bob Harris Board Member Alvin Cook Board Member Lynn DeMary Board Member Mary Jowers Alternate Member Ed Orr Board Members absent: Board Member Dohn LaBiche Alternate Member Lamar Roach Alternate Member Joe Ashy Alternate Member Georgine Guillory Also present: Stephen Richardson, Planning Director; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician, and Nancy Nicholas, Recording Secretary. APPROVAL OF MINUTES Board Member Cook made a motion to approve the minutes of the August 5, 1999 meeting. Board Member DeMary seconded the motion and the motion carried. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 428-BA: A request for a special exception allowed under Sec. 30-37 from Sec. 30-28 requesting ten additional feet in height for an advertising sign. Location:3185 French Road, also known as 3625 Eastex Freeway Applicant: Maddison Dual Fuels, Inc. (MDF, Inc.) Note: This item was withdrawn at the last meeting. BOARD OF ADJUSTMENT i } September 2, 1999 Mr. Steve Richardson presented the staff report. Maddison Dual Fuels, Inc., entered into a lease agreement wth F.B. and Zohreh Shahrodi to erect a billboard at 3185 French road, same being 3625 Eastex Freeway. The City of Beaumont issued a building permit on July 14, 1998, for a billboard, i.e., advertising sign. A billboard at this location is allowed an overall height of 40 feet above the crown of the abutting and adjacent Eastex service road. A Ietter from Beaumont's Building Official was sent to Maddison stating that the advertising sign as erected exceeded the allowable height of 40 feet and requested a survey which would establish the actual height. Another letter from the City's Development Services Manager to the sign's owners dated June 24, 1999, requested a response to the Building Official's letter. On July 13, 1999, the Planning Division received an application for special exception as allowed by Section 30-37 E.2.(d). "To grant an exception for ten (10) additional feet in height for an advertising sign, when in the Board's judgement, the sign at a lower height will block an existing sign or existing sign or structure from view or itself be blocked from view. Afield survey was done to determine the height of the billboard and indicated the top of the billboard to be 87.31 feet above the crown of the feeder road. The applicant has the burden of proof that a special exception will not adversely affect the value and use of neighboring properties or be contrary to the public interest. Five notices were mailed to property owners. One response was received in favor and none in opposition. Chairman Harris asked if the height of the billboard was to the top of the billboard and if the 40' were allowed to the top of the sign. Mr. Richardson replied that it was. Chairman Harris then asked for confirmation that the sign was 47over the allowed height. Mr. Richardson replied the statement was true. Slides were shown of the subject property. Mr. Richardson asked if there were any questions for him or for the applicant. Board Member DeMary asked if there were any obstructions from the north or south. Mr. Richardson replied that there were no obstructions from the south, but trees were an obstruction from the north. Chairman Harris for asked for clarification of a special exception. Mr. Richardson explained that this request was for a special exception and stated "the ordinance does allow for a special exception to the ordinance for an additional ten feet to a sign." Mr. Richardson added that a workshop will be presented regarding special exceptions. BOARD OF ADJUSTMENT September 2, 1999 Chairman Harris opened the public hearing. Board Member Mary Jowers arrived. (3:10) Mr. Ted Solkolsky, representing the applicant, addressed the Board. He stated that the reason the sign was built at the current height, was to raise it above the trees. He also stated that other business signs were blocking the view. Chairman Harris closed the public hearing. With no further discussion, Chairman Harris asked for a motion. Board Member Orr made a motion to deny the special exception application. Board Member Cook seconded the motion to deny. Chairman Harris asked for a roll call vote. Chariman Harris - for the motion to deny Board Member Cook - for the motion to deny f Board Member DeMary - against the motion to deny Board Member Jowers - for the motion to deny Board Member Orr - for the motion to deny The motion was approved 4 - 1 to deny the motion for a special exception. ADJOURN With no further discussion, the meeting was adjourned.