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HomeMy WebLinkAbout6-3-99 BA MinutesBOARD OF ADJUSTMENT June 3, 1999 City Council Chambers A meeting of the Board of Adjustment was held on June 3, 1999 at 3:06 p.m. with the following members present: Board Member Bob Harris Board Member Mary Jowers Board Member Alvin Cook Alternate Member Ed Orr Alternate Member Lynn DeMary Board Members absent: Board Member Glenn Bodwin Board Member Dohn LaBiche Alternate Member Lamar Roach Alternate Member Joe Ashy Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; Jill Cole, Recording Secretary and Don Burrell, Building Code Official APPROVAL OF MINUTES Board Member Orr made a motion to approve the minutes of the April 1, 1999 Board of Adjustment Meeting. Board Member Jowerss-seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 424-13A: A request for a variance to the height restrictions of the sign ordinance for an owner identification sign to be allowed a total height of 70 feet instead of the required 50 feet. Location: Walden Road east of IH-10 S. Applicant: Cracker Barrel Old Country Store (Joe Jaynes) BOARD OF ADJUSTMENT June 3. 1999 Mr. Richardson told the Board that the request is for a variance of the overall height requirement for an owner identification sign. The variance is from the allowed 50 feet to 70 feet. Cracker Barrel Restaurants has acquired a 2.6 acre tract fronting on Walden Road. This site is across from Petro Truck Stop and right behind the Jack -in -the -Box. The applicant cites lack of visibility, elevation of site in relation to the freeway and high traffic speeds on IH-10 as reasons for the variance. The applicant has the burden of proof to demonstrate to the Board that Conditions A, B and C have been met. Seven notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned to staff. Slides of the subject property were shown. Board Member DeMary asked what the height was of the Petro Truck Stop signs and also the billboard at that location. Mr. Duren said he wasn't sure of the exact height, but they were both permitted and the maximum is 50 feet for an owner identification sign. Board Member Harris, acting as Chairman, opened the public hearing and asked for the applicant's comments. Mr. Joe Jaynes, Sign Identity Manager for Cracker Barrel, addressed the Board. He reviewed the Target Test booklet prepared by Cracker Barrel that was given to the Board members. Mr. Jaynes explained the visibility problems and safety concerns that he had as reasons for the variance request. He answered questions from the Board. Board Member Harris asked for comments in favor or in opposition. Mary Miller, 5350 Walden Road, addressed the Board. Mrs. Miller had no objections to the sign. She inquired about how to get her property zoned commercial. Board Member Harris, closed the public hearing. Discussion between the Board members followed. 2 HOARD OF ADJUSTMENT June 3, 1999 Board Member Jowers made a motion to approve the variance for an owner identification sign to be allowed at a total height of 70' as requested in File 424-BA. Board Member Cook seconded the motion. The vote on the motion to approve File 424-BA follows: Board Member Harris - Yes Board Member Orr - Yes Board Member Jowers - Yes Board Member Cook - Yes Board Member DeMary - Yes The motion to approve carried 5:0. 2} F11e 425-BA: A request for a variance to the sign regulations to permit an owner identification sign that will be internally illuminated, and with an area of 48 square feet. The residential zoning districts allow a maximum sign area of 20 square feet. A setback of less than 25' is also requested for variance. Location: 3475 Champions Drive Applicant: Beaumont Independent School District, Tanner Hunt, Attorney Mr. Richardson told the Board that the subject request is for three variances for a proposed owner identification sign in a residential district. The three variances are for the overall size from the allowed 20 sq. ft. to 48 sq. ft., a 20 foot setback instead of the required 25 feet and for internal illumination of the sign. The proposed sign will lie east of the new Champions Drive extension on the new Dishman School campus. Mr. Richardson addressed an earlier question about illumination. Internal illumination is not permitted in the residential districts or in neighborhood commercial or office park districts, which are the most restrictive commercial districts. In the industrial districts and the other commercial districts, internal illumination is permitted. The proposed sign is a marquee type sign with interchangeable letters so that they can pu t messages on it. The applicant has the burden of proof to demonstrate to the Board that Conditions A, B and C have been met. Fourteen notices were mailed to property owners within 200 feet. No responses in opposition or in favor were returned to staff. 3 BOARD OR ADJUSTMENT June 3, 1999 Slides of the subject property were shown. In response to Board Member Harris, Mr. Richardson clarified that there is currently a monument sign at the school and the proposed marquee sign will be at the other end of the parking lot opposite the monument sign. The monument sign does not meet the setback requirements. Mr. Richardson said that it was his understanding that the school district didn't get a permit for the sign. In response to Board Member Cook, Mr. Richardson said that the plans for the school were approved prior to construction. Board Member Cook asked if they should have had a permit to put the sign up there. Mr. Richardson replied that they would have been required to meet the regulations for the 25' setback. Board Member Harris asked if the variance were to be approved, would the monument sign be removed since it doesn't comply the ordinance. Mr. Richardson replied that it was not the school district's intent to remove the sign and that they would have to make a separate request for it. Board Member Harris opened the public hearing and asked for the applicant's comments. Melody Thomas with Wells, Peyton, Greenberg & Hunt, L.L.P. addressed the Board on behalf of B.I.S.D. Mr. Hunt could not attend the meeting. Ms. Thomas said that the main function of the proposed sign will be to communicate to citizens what is going on at the school. They will come forward at a later date with a variance request for the monument sign. In response to Board Member Harris, Ms. Thomas said she did not know why the variance for the monument sign wasn't already requested. Dorthy Patterson, Project Manager for B.I.S.D., addressed the Board. She said that the district didn't know until a couple of months ago that they had not received a variance fo r the monument sign. The sign was submitted to the City on the construction drawings and the construction drawings were approved. That sign was shown on the drawing and it showed the exact location and dimensions. When the drawings were given back with approval, the district received a permit to build. They assumed that they had a permit to actually install the sign. It wasn't that the district did anything intentionally, they just did not know. They didn't even know a variance was needed for the marquee sign until the drawings were submitted to D & S Signs and they applied for a permit. The proposed marquee sign is for communicating information to the parents and citizens. The district S BOARD OF ADJUSTMENT June 3. 1999 did not want the sign on Walden Road because of possible vandalism to the sign as a resul t of being so far away from the school. Board Member Harris closed the public hearing. Mr. Cooper stated that the existing monument sign was there prior to the dedication of the street to the City, therefore, it may not be a violation of the ordinance. It would be an encroachment on the right-of-way which could be cured with a license to encroach, if that is even required, he said he would have to research that. Discussion between Board members followed. Board Member Jowers made a motion to approve the variance request to permit an owner identification sign that will be internally illuminated, have an area of 48 square feet and a setback of 20' as requested in File 425-BA. Board Member DeMary seconded the motion. The vote on the motion to approve File 425-BA follows: Board Member Harris - Yes Board Member Jowers - Yes Board Member Cook - No Board Member Orr - No Board Member DeMary - Yes The motion to approve failed 3:2. Ms. Thomas asked if all three parts of the request were denied, or just certain ones. Board Member Harris stated that the request consisted of three parts, but the motion made was for all three parts. Ms. Thomas asked if the Board could vote on each issue separately. Discussion between Board members and staff on whether to divide the request into three parts and it was determined that if it was the Board's prerogative to split them up, they could do so. Board Member Harris asked the Board if they would like to vote on each variance separately. Board Member Jowers said she didn't mind. 5 BOARD OF ADJUSTMENT June 3, 1999 Mr. Cooper asked the Board to reopen the public hearing so he could make a comment. Board Member Harris reopened the public hearing. Mr. Cooper addressed the Board as Dishman Elementary PTA President and asked for favorable consideration of the variance request. He said that the principal had planned to attend the meeting, but was unable to do so. Discussion followed between the Board and the applicant. Board Member Harris suggested that the Board proceed with the meeting. 3) File 26-BA: A request for a variance to the sign regulations to permit an owner identification sign that will be internally illuminated, and with an area of 48 square feet. The residential zoning districts allow a maximum sign area of 20 square feet. Location: 1400 Avenue "A" Applicant: Beaumont Independent School District, Tanner Hunt, Attorney Mr. Richardson said that the subject request was for two variances for a proposed owner identification sign at M. L. King Middle School on Avenue "A". The sign will be located on Avenue A. Of the two variances requested, one is for the overall size from the permitted 20 square feet to 48 square feet and the second is for internal illumination. The applicant will have the burden of proof to demonstrate that Conditions A, B and C have been met. Fifty-three notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned to staff. Slides of the subject property were shown. Mr. Cooper interrupted and said that in discussion with the applicant, he reminded them that four favorable votes were necessary for the variance to be approved. The applicant indicated that at this point, they would rather withdraw the request than go forward, which would allow them the opportunity to come back before the Board within a year. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:06 P. M. 0