HomeMy WebLinkAbout8-5-04 BA Minutes*MINUTES* I
BOARD OF ADJUSTMENT
August 5, 2004
City Council Chambers
A meeting of the Board of Adjustment was held on August 5, 2004 and called to order at 3:00
p.m. with the following members present:
Chairman Bob Harris
Board Member Pat Avery
Board Member Joey Hilliard
Alternate Member Gladys Allen
Alternate Member Justin Howard (did not vote)
Alternate Member Sam Pullig (did not vote)
Alternate Member Kelli Maness
Board Members absent: Board Member Mary Jowers
Board Member Dana Timaeus
Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Asst.
City Attorney; Jill Cole, Recording Secretary; Adina Absbire,
Planner
APPROVAL OF MINUTES
Board Member Hilliard made a motion to approve the minutes of the July 1, 2004 Meeting.
Alternate Member Maness seconded the motion. Motion to approve carried 5:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
File 525-BA: A request for a variance to the minimum sign setback from 10' to 5' for a
new sign.
Location: 3980 Eastex Freeway
Applicant: Express Mart #20
BOARD OF ADJUSTMENT
August 5, 2004
Mr. Richardson presented the staff report. This item is a request for a variance to the
minimum sign setback for a new sign to be erected at 3980 Eastex Freeway. The setback
would decrease from 10' to 5'.
The applicant states that an additional pricing sign is needed to attract the necessary
attention from the traveling public. Because of the size of the sign, visibility constraints
created by the existing Home Depot sign located cast of the property as well as the
property's relationship to the Lucas Street intersection, he states that the 5' setback is
necessary.
The applicant shall have the burden of proof to demonstrate that all three conditions
necessary for approval have been met.
Eight notices were mailed to property owners within 200 feet. One response in favor and
none in opposition were returned.
Slides of the subject property were shown.
(Alternate Member Pullig arrived.)
Chairman Harris opened the public hearing and asked for the applicant's comments.
Lynn Fazio, Retail Marketing Manager with Tri-Con, Inc., addressed the Board.
Chairman Harris asked for comments in favor or in opposition. No comments were made.
The public hearing was closed.
Discussion followed between Board members.
Board Member Hilliard made a motion to approve a variance to the minimum sign setback
from 10' to 5' for a new sign at 3980 Eastex Freeway as requested in File 525-BA. Board
Member Avery seconded the motion. The vote on the motion to approve File 525-BA
follows:
Chairman Harris - For
Board Member Avery - For
Board Member Hilliard - For
Alternate Member Allen - For
Alternate Member Maness - For
The motion to approve File 525-BA carried 5:0.
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BOARD OF ADJUSTMENT
August 3, 2004
2) File 526-BA: A request for a special exception to the minimum front yard setback from 25'
to 20' for a new house.
Location: 110 Summerwood
Applicant: William Neild
Mr. Richardson presented the staff report. The request is for a special exception to the
minimum front yard setback for a new house to be constructed at 110 Summerwood. The
setback would be decreased from 25' to 20'. A special exception to setback requirements
is allowed for corner lots.
Summerwood, Section 2 is a private street, zero lot line development that was platted in
1977. The property was originally platted with a 20' front setback requirement. The
Zoning Ordinance requires a 25' front setback. The applicant states that all the other
homes in the subdivision were built with a 20' front setback.
There are a number of setback constraints on the subject lot. Because the lot is a corner
lot, there is a 10' setback requirement along the north property line. At the rear is a 16'
utility easement. Since the adjacent house is built on the property line, the new house
would have to be set back at least 10' along the south side.
Forty-two notices were mailed to property owners within 200 feet. One response in favor
and none in opposition were returned.
Slides of the subject property were shown.
Chairman Harris opened the public hearing and asked for the applicant's comments.
Thomas Stripling, Summerwood Architectural Committee Chairman, addressed the Board
on behalf of Mr. Neild. I
Chairman Harris asked for comments in favor or in opposition. No comments were made.
The public hearing was closed.
Discussion followed between Board members.
Alternate Member Allen made a motion to approve a special exception to the minimum
front yard setback from 25' to 20' for a new house at 110 Summerwood as requested in
File 526-BA. Board Member Hilliard seconded the motion. The vote on the motion to
approve File 526-BA follows:
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BOARD OF ADJUSTMENT
August 5, 2004
Chairman Harris - For
Board Member Avery - For
Board Member Hilliard - For
Alternate Member Allen - For
Alternate Member Maness - For
The motion to approve File 526-BA carried 5:0.
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:40
P. M.
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