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HomeMy WebLinkAbout4-4-02 BA Minutes*MINUTES* BOARD OF ADJUSTMENT April 4, 2002 City Council Chambers A meeting of the Board of Adjustment was held on April 4, 2002 at 3:00 p.m. with the following members present: Board Member Bob Harris Board Member Georgine Guillory Board Member Lamar Roach Board Member Mary Jowers Alternate Member Gladys Allen Board Members absent: Board Member Dohn LaBiche Alternate Member Joey Hilliard Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planning Technician to's Board Member Roach made a motion to approve the minutes of the February 7, 2002 Public Hearing. Alternate Member Allen seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 475-BA: A request for a variance from the required setback of ten feet from any property line for the structural supports of a detached owner identification sign. Location: 7110 Eastex Freeway Applicant: Dave Willis, D & S Signs BOARD OF ADJUSTMENT April 4, 2002 Mr. Richardson told the Board that the request is for a variance to the 10' sign setback for a sign constructed at a new convenience store located at 7110 Eastex Freeway. Dave Willis of D & S Signs is requesting a variance to the sign setback requirement for a sign that is set back 8-1/2' from the east property line. According to Mr. Willis, the sign location was improperly marked on the site and the anchor bolts were set and the sign installed before the City inspector notified him of the mistake. A sign inspection was not called for by the sign company prior to the setting of the foundation. Mr. Willis states that to comply with the required setback would require breaking out the curb and this would put the sign in traffic flow, unprotected by the curb. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Five notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned to staff. Slides of the subject property were shown. In response to the Board, Mr. Richardson said that the plans were reviewed for the building permit and it was noted that the sign would have to be set back 10' from the property line and the applicant was made aware of that. Board Member Harris opened the public hearing and asked for the applicant's comments. Dave Willis of D & S Signs, the applicant, addressed the Board. Mr. Willis stated that the sign was set 102" from the property instead of 120" and it was up before he knew it. He realizes that it is their error, but sees no harm in leaving the sign where it is. In response to questions from Board members, Mr. Willis said that it was his employees that set the foundation and that an estimated cost of moving the sign is $1500. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between the Board members followed. (Board Member Jowers arrived at 3:09 p.m.) 7 BOARD OF ADJUSTMENT April 4, 2002 Board Member Roach made a motion to approve a variance from the required setback of ten feet from any property line for the structural supports of a detached owner identification sign at 7110 Eastex Freeway as requested in File 475-BA. The motion to approve died for lack of a second. The request for a variance from the required setback of ten feet from any property line for the structural supports of a detached owner identification sign at 7110 Eastex Freeway as requested in File 475-BA failed. 2) File 476-BA: A request for variances to the maximum area requirement and illumination requirement to allow an illuminated, 29 square foot detached owner identification sign in the Oaks Historic District. Location: 1900 Broadway Applicant: Lynda Kay Makin Mr. Richardson told the Board that the applicant is requesting a variance to the 12 square foot maximum area requirement for a sign located at 1900 Broadway in the Oaks Historic District. Also in the application, Mrs. Makin states that the sign is currently illuminated and she is asking to be allowed to continue the illuminating the sign. Mr. Richardson said that the Board has approved some illumination requests in the past. In reviewing the regulations with Mr. Cooper, we realized that the Oaks Historic District regulations specifically prohibit illuminated detached signs. It does allow illuminated attached signs. Because of that specific prohibition, the request is something that should not be considered by the Board. Board Member Roach asked if the signs that the Board granted were in violation. Mr. Cooper stated that the signs the Board has granted probably should not have come before the Board, Board Member Roach asked if those that were granted have to be removed. Mr. Cooper said that the City will have to decide what to do. Mr. Richardson said that the Board is considering the area requirement for the sign. The applicant, Lynda Makin, states that the building is primarily used for law offices. She also has her office in the building. Since receiving her notification letter, she has removed one 9 BOARD OF ADJUSTMENT April 4, 2002 of the existing signs and in the packet that was mailed, there is a drawing showing all the signs that were in existence. Another sign she revised is now a directional sign, which is permitted. That sign directs clients to the parking area. The sign that is under consideration is the sign that is right on the corner and it is basically at a 90 degree angle. Mrs. Makin would like to move those two signs together so it would be a double-faced sign and then set it at a diagonal at the proper setback on the corner. The sign put together would be 29 square feet on each side. A 12 square foot maximum is allowed. The applicant shall have the burden of proof to demonstrate that all three conditions for a variance have been met. Nineteen 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 Harris opened the public hearing and asked for the applicant's comments. Lynda Makin, the applicant, addressed the Board and distributed additional information and pictures to the Board. She answered questions from the Board regarding cost of replacing the sign as opposed to reworking the existing sign and possible alternatives to the placement. Board Member Harris asked for comments in favor or in opposition. No comments were made. The Public hearing was closed. Discussion between Board members followed. Board Member Guillory made a motion to approve a variance to the maximum area requirement to allow a 29 square foot detached owner identification sign in the Oaks Historic District at 1900 Broadway as requested in File 476-BA. The motion to approve died for lack of a second. The request for a variance to the maximum area requirement to allow a 29 square foot detached owner identification sign in the Oaks Historic District at 1900 Broadway as requested in File 476-BA failed. ILI BOARD OF ADJUSTMENT April 4,2002 3) File 477-BA: A request for a variance from the required setback of ten feet from any property line for any part of a detached owner identification sign. Location: 1075 M. L. K. Parkway Applicant: Eric Meadows, 1075 M. L. K. Partners, L. P. Mr. Richardson stated that the subject property is the old Coca-Cola bottling plant and it is being renovated for a new tenant. The property is located in the M. L. K. Parkway Urban Corridor District. In most parts of the City, when there is general commercial zoning, it is measured from the setback of the supports. The sign itself can extend to the property line if they so desire. In the Urban Corridor District there are special setback requirements in that the entire sign must be set back at least 10 feet from the property line. The applicant wants to place the sign one foot from the property line so the closest part of the sign would be one foot from the property line. Mr. Meadows states in his application that the setback requirement would place the sign in the existing parking lot which will be needed for movement of truck traffic. The edge of the parking lot at the proposed sign location is approximately 4'8" from the property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Fifteen notices were mailed to property owners within 200 feet. One notice in favor and none in opposition were returned to staff. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. Eric Meadows, the applicant, addressed the Board and answered questions. (Board Member Harris left the meeting at 4 p.m.) Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between Board members followed. Board Member Guillory made a motion to table the variance request from the required setback of ten feet from any property line for any part of a detached owner identification sign at 1075 M. L. K. Parkway as requested in File 477-BA until the May 2, 2002 5 BOARD OF ADJUSTMENT April 4,2002 meeting. Board Member Roach seconded the motion. The motion to table the variance as requested in File 477-BA carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4: 10 P. M. T