HomeMy WebLinkAbout1-8-04 BA Minutes*MINUTES*
BOARD OF ADJUSTMENT
January 8, 2004
City Council Chambers
A meeting of the Board of Adjustment was held on January 8, 2004 and called to order at 3:00
p.m. with the following members present:
Board Member Mary Jowers
Board Member Joey Hilliard
Alternate Member Gladys Allen
Alternate Member Sam Pullig
Board Members absent: Chairman Bob Harris
Board Member Pat Avery
Board Member Dana Timaeus
Alternate Member Justin Howard
Also present: Stephen Richardson, Planning Manager; Lane Nichols, City
Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner
APPROVAL OF MINUTES
Alternate Member Allen made a motion to approve the minutes of the November 6, 2003 Meeting.
Board Member Hilliard seconded the motion. Motion to approve carried 4:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
File 510-BA: A request for variances to the minimum allowable side yard setback and to
the minimum allowable setback from a street right-of-way for an advertising sign.
Location: 200 block of Crockett, south side
Applicant: Crockett Street Development
Mr. Richardson stated that the subject request is for variances to the minimum allowable
interior side yard setback from 10' to 2' and to the minimum allowable setback from a
street right-of-way from 25' to 3' for an advertising sign.
BOARD OF ADJUSTMENT
January 8, 2004
Crockett Street Development Company constructed a screening wall along the southwest
side of their parking lot for the Crockett Street Development. The purpose of the wall is
to screen an adjacent building at the corner of Pearl and Bowie.
Crockett Street Development Company would like to lease off -premise advertising space
to other businesses. They propose to place five 18' x 24' signs on each of the five panels
that make up the wall.
The Zoning Ordinance requires that off -premise advertising signs of this size be spaced a
minimum of 750 feet apart. Based upon that spacing requirement, only one off -premise
advertising sign could be placed upon the panels.
What is up for consideration today are the setback requirements for an advertising sign.
The Zoning Ordinance requires that no advertising sign be placed closer than 10' to any
interior side yard and no closer than 25' to any street right-of-way. The sign will be 2'
from the interior side yard and 3' from the street right-of-way.
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 to staff.
Slides of the subject property were shown.
In response to Alternate Member Pullig, Mr. Richardson reviewed the three conditions
necessary for approval.
Board Member Jowers, acting as Chairman, opened the public hearing and asked for the
applicant's comments.
Christina Delgadillo with Crockett Street Development Company, the applicant, addressed
the Board and answered questions regarding the type of advertisements that would be
placed on the panels.
Board Member Jowers asked for comments in favor or in opposition. No comments were
made. The public hearing was closed.
Discussion followed between Board members.
P-J
BOARD OF ADJUSTMENT
Janu3q 8,2004
Alternate Member Allen made a motion to approve a request for variances to the minimum
allowable side yard setback and to the minimum allowable setback from a street right-of-
way for an advertising sign in the 200 block of Crockett, south side as requested in File
510-BA. Board Member Hilliard seconded the motion.
The vote on the motion for File 5 1 O-BA follows:
Board Member Jowers - For
Board Member Hilliard - For
Alternate Member Allen - For
Alternate Member Pullig, - Against
The motion to approve File 5 1 O-BA failed 3: 1.
Discussion followed between the Board and staff.
Alternate Member Pullig made a motion to rehear the request of File 510-BA at the next
meeting. Board Member Hilliard seconded the motion.
The vote on the motion to rehear File 510-BA follows:
Board Member Jowers - For
Board Member Hilliard - For
Alternate Member Allen - For
Alternate Member Pullig - For
The motion to rehear File 510-BA passed 4:0,
Clarification by Lane Nichols of the Board's bylaws followed. The applicant needs to
submit a request in writing for a rehearing.
2) File 51 I -BA: A request for a variance to the minimum allowable rear yard setback to allow
an attached covered patio.
Location: 4820 Christina
Applicant: Curtis Thorpe
Mr. Richardson stated that Curtis Thorpe, the property owner, wants to construct this 20'
x 20' patio on the rear of his house. The patio will include a half bath, sink and
dishwasher, cooking facilities, fireplace and storage. It will provide an outdoor living area
that will complement the swimming pool in the back yard.
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BOARD OF ADJUSTMENT
January 8, 2004
In an RS District, the 25' rear yard setback may be reduced to 15' if no other accessory
structure buildings are permitted in the reduced rear yard. The site plan shows the addition
13' 4" from the rear property line. A swimming pool would be permitted within the
reduced rear yard.
The applicant shall have the burden of proof to demonstrate that all three conditions
necessary for approval have been met.
Sixteen 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.
Board Member Jowers opened the public hearing and asked for the applicant's comments.
Mike Carbaugh, the contractor for Dr. Thorpe, addressed the Board.
Discussion followed between Board members.
Board Member Jowers made a motion to approve a request for a variance to the minimum
allowable rear yard setback to allow an attached covered patio at 4820 Christina as
requested in File 511 -BA -
The motion to approve File 5 11 -BA failed for lack of a second.
Alternate Member Pullig made a motion to deny a request for a variance to the minimum
allowable rear yard setback to allow an attached covered patio at 4820 Christina as
requested in File 511-BA. Board Member Hilliard seconded the motion.
The vote on the motion to deny File 511 -BA follows:
Board Member Jowers - Against
Board Member Hilliard - For
Alternate Member Allen - For
Alternate Member Pullig - For
The motion to deny File 51 t -BA passed 3: 1.
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BOARD OF ADJUSTMENT
January S. 2004
OTHER BUSINESS
Christina Delgadillo of Crockett Street Development Company submitted to the Board, a
written request for the Board to rehear File 5 10-BA.
Board Member Hilliard made a motion to approve a rehearing of File 510-BA. Alternate
Member Allen seconded the motion.
The vote to rehear File 510-BA follows:
Board Member Jowers - For
Board Member Hilliard - For
Alternate Member Allen - For
Alternate Member Pullig - For
The motion to rehear File 510-BA passed 4:0.
THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 4:00
P. M.