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HomeMy WebLinkAbout7-3-03 BA Minutes*MINUTES* BOARD OF ADJUSTMENT July 3, 2003 City Council Chambers A meeting of the Board of Adjustment was held on July 3, 2003 and called to,order at 3:00 p.m. with the following members present: Board Member Mary Jowers Board Member Dana Timaeus Alternate Member Justin Howard Alternate Member Gladys Allen Alternate Member Sam Pullig Board Members absent: Chairman Bob Harris Board Member Joey Hilliard Board Member Pat Avery Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner APPROVAL OF MINUTES Alternate Member Pullig made a motion to approve the minutes of the May 15, 2003 Special Meeting. Alternate Member Allen seconded the motion. Motion to approve carried 4:0. Alternate Member Pullig made a motion to approve the minutes of the June 5, 2003 Meeting. Alternate Member Allen seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 501-BA: A request for a variance to the maximum sign height requirement from 50' to 57'. Location: 5115 IH-10 South Applicant: Jose' A. Pastrana for Jefferson County BOARD OF ADJUSTMENT July 3, 2003 (Alternate Member Howard arrived.) Mr. Richardson stated that Jose' Pastrana, Jefferson County Engineer, is requesting a variance to the maximum height allowed for the sign to be constructed on IH-10 at the Southeast Texas Entertainment Complex. Mr. Pastrana states that the County looked at possible ways of how to meet the 50' height requirement. However, the County feels that the 57' height is needed if they are to achieve the advertising and visibility that their experts recommend. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twenty 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. The public hearing was opened. In response to Alternate Member Pullig, Mr. Richardson said that the maximum height for billboards is 30', but signs on the interstate can go up to 40'. Mr. Pastrana, the applicant, stated that they have checked with the F.A.A. on sign heights and building heights. The arena is at 90' above sea level and internal elevation is about 80 and the F.A.A. has approved those heights and it's not in direct approach to the airport, so it doesn't concern them. In response to Board Member Timaeus, Mr. Pastrana said that the building will be taller than the sign. Discussion on what the sign would actually look like and the location of the sign followed. In response to Alternate Member Howard, Mr. Pastrana said that the experts consulted had recommended a width to height relation and how attractive that is to the eye and how likely people are to pay attention to it. Discussion followed on the lighting of the sign. P BOARD OF ADJUSTMENT July 3, 2003 Alternate Member Pullig asked Mr. Richardson if what decision the Board made regarding the sign made any difference legally. Mr. Cooper stated that there had been some question on whether or not the county even needed to apply to the Board, because the state, which is the county, federal and local governments are permitted as a matter of right in all districts and the sign is a zoning regulation so there was question, but in terms of building and electrical codes, etc., they are subject to those. 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. Alternate Member Pullig made a motion to approve a variance to the maximum sign height requirement from 50' to 57' at 5115 IH-10 South as requested in File 501-BA. Alternate Member Allen seconded the motion. The motion to approve File 501-BA carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:30 P. M. '91