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HomeMy WebLinkAbout12-7-95 BA MinutesBOARD OF ADJUSTMENT December 7, 1995 City Council Chambers A meeting of the Board of Adjustment was held on December 7, 1995 with the following members present: Chairman Jayne Eisen Board Member Bob Harris Board Member Kevin Fuller Board Member Bruce Irvine Board Member Chuck Mason Board Members Absent: Board Member Mary Jowers Board Member Dohn LaBiche Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Bonnie Semien, Planning Technician; and Jill Cole, Recording Secretary. APPROVAL OF MINUTES Board Member Irvine made a motion to approve the minutes of the October 5, 1995 Board or Adjustment Public Hearing. Board Member Mason seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File #377-BA: Consider a request to grant a variance for additional height for an owner identification sign. Location: IH-10 S., north of Walden Road Applicant: Foodmaker, Inc. (Jack -in -the -Box) Mr. Richardson explained that the height limitation that the developer wishes to I 1 exceed is 50 feet. Jack -in -the -Box desires to construct an 80' tall sign. After consideration by staff, Mr. Richardson recommended denial of the variance request. BOARD OF ADJUSTMENT December 7, 1995 Public Hearing It would be contrary to the public interest, would not address any physical hardship relating to the property itself nor would it be in keeping with the spirit of the zoning ordinance. Chairman Eisen opened the public hearing and asked for the applicant's comments. Marlin Williford of Quality Signs addressed the Board on behalf of the owner, Jack - in -the -Box. Mr. Williford told the Board that the main problem with the site is that they are immediately adjacent to a very high overpass on IH-10 and that is the target market that Jack -in -the -Box is trying to address; i.e., freeway traffic. The overpass is about 22' to 25' from the ground surface to the crown of the road on the overpass itself and when that is added to a vehicle driving on the road which would be 2-5' up to eye level of the driver, the height is somewhere around 30 feet. Mr. Williford said he felt the request was within the spirit of the ordinance because the existing sign ordinance allows a height of 50' and add the 30 feet to it, they're only asking for a sign that would be 50' visible from the elevated roadway. Mark Holmes, Regional Construction Manager for Jack -in -the Box addressed the Board. Board Member Fuller said he had a problem with the variance application because the requested height would exceed the height of all the other owner identification signs in the area. The Board discussed the request for several minutes. Chairman Eisen closed the public hearing. Six notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Discussion among Board members and staff followed regarding an oral amendment to the application from the applicant changing the variance request to 65 feet. Board Member Fuller made a motion to approve the variance request of File 377-BA to a height of 65 feet. Board Member Mason seconded the motion. Motion to approve carried 4:1. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.