HomeMy WebLinkAbout12-3-98 BA MinutesI
BOARD OF ADJUSTMENT
December 3, 1998
City Council Chambers
A meeting of the Board of Adjustment was held on December 3, 1998 with the following members
present:
Board Member Bob Harris
Board Member Dohn LaBiche
Board Member Glenn Bodwin
Board Member Lynn DeMary
Board Member Ed Orr
Board Members absent: Board Member Mary Jowers
Board Member Alvin Cook
Board Member Lamar Roach
Board Member Joe Ashy
Also present: Stephen Richardson, Planning Director; Murray Duren, Senior
Planner; Tyrone Cooper, First Assistant City Attorney; Adina
Abshire, Planning Technician and Jill Cole, Recording Secretary.
Board Member LaBiche made a motion to approve the minutes of the November 5, 1998
Board of Adjustment Public Hearing. Board Member Orr seconded the motion. Motion
to approve carried 5:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 420-BA: A request for a variance to the setback regulations for an owner
identification sign in an HI (Heavy Industrial) District. The applicant asks for a 4' setback
from the front property line. The regulations require a 10' setback.
Location: 85-87 IH-10 North (Regents Park)
Applicant: E. Jay Sherlock for J. S. Edwards and Sherlock Insurance Agency
BOARD OF ADJUSTMENT
December 3. 1998
Mr. Richardson told the Board that the variance request was to allow the applicant to
construct a 2'6" x 6' brick monument sign 4' from the front property line instead of the
required 10 feet. The sign will be located in front of 85 IH-10 North. Putting the sign
4' from the property line will place it 18' from the curb of the service road of the freeway.
The applicant shall have the burden of proof to demonstrate that all three conditions
necessary for the variance have been met.
Slides of the subject property were shown.
Mr. Richardson answered questions from the Board regarding distances.
Nine notices were mailed to property owners within 200 feet of the subject property. One
response in favor and none in opposition were returned to staff.
Board Member Harris expressed concerns regarding other tenants making similar requests .
Board Member Harris, acting as Chairman, opened the public hearing and asked for the
applicant's comments.
Craig Sherlock addressed the Board on behalf of J. S. Edwards and Sherlock Insurance
Company, the applicant. He distributed some photos of the subject property and answered
questions from the Board.
Mr. Duren clarified that Regents Park was constructed prior to the 1981 Zoning Ordinance
and the sign regulations.
Board Member Harris asked for comments in favor or in opposition. No comments were
made. The pubic hearing was closed.
Board Member LaBiche made a motion to approve the variance for an owner identification
sign as requested in File 420-BA. The motion failed for lack of a second.
Board Member Orr made a motion to deny the variance to the setback regulations for an
owner identification sign at 85-87 IH-10 North as requested in File 420-BA. Board
Member Bodwin seconded the motion. Motion to deny carried 3:2.
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BOARD OF ADJUSTMENT
December 3, 1998
2) File 421-BA: A request for a variance to the setback regulations for an accessory
commercial use, i.e., coin -operated automatic water dispenser in an NC (Neighborhood
Commercial) District. The applicant asks for a 5' setback from the front property line.
The regulations require a 20' setback,
Location: 3800 Calder at 23rd Street (Shopping Center)
Applicant: Pure Water Outlets, by Steven Jones, et al
Mr. Richardson told the Board that the request for a variance is to allow the applicant to
construct a - 14' x 16' coin -operated automatic water dispenser 5' from the front property
line instead of the required 20 feet. Putting the building 5' from the property line would
place it 28' from the edge of the pavement of Calder.
The applicant shall have the burden of proof to demonstrate that all three conditions
necessary for the variance have been met.
Slides of the subject property were shown.
Board Member Harris asked for the applicant's comments.
Charles Weinbaum, 675 Wade, addressed the Board. Mr. Weinbaum owns the shopping
center property. He answered questions from the Board regarding the specifies of the
water dispenser business.
Ray Baker with Pure Water Outlets addressed the Board and distributed photos of one of
their dispenser facilities.
Board Member Harris asked for comments in favor or in opposition. No further
comments were made. The.public hearing was closed.
Board Member Bodwin made a motion to approve the request for a variance to the setback
regulations for an automatic water dispenser at 3800 Calder at 23rd Street as requested in
File 421-BA. Board Member Orr seconded the motion. Motion to approve carried 5:0.
3) File 422-BA,: A request for a variance to the setback regulations for the expansion of an
existing business in a GC -MD (General Commercial -Multiple Family Dwelling) District.
The applicant asks for a 1.5' setback from the exterior side yard property lines. The
regulations require a 10' setback.
Location: 625 N. Main Street
Applicant: Air Comfort, Inc.
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BOARD OF ADJUSTMENT
December 3, 1998
Mr. Richardson told the Board that the request was for a variance to allow the applicant
to construct a 50' x 100' addition to an existing commercial building 1.5' from the side
property lines instead of the required 10 feet.
The existing building was built in the 1940's with 18" side setbacks. There were no
building setback requirements at that time. The owner would like to continue the existing
building lines on the addition.
The applicant shall have the burden of proof to demonstrate that all three of the conditions
necessary for a variance have been met.
Twelve notices were mailed to property owners within 200 feet of the subject property.
One response in favor and none in opposition were returned to staff.
Slides of the subject property were shown.
In response to Board Member LaBiche, Mr. Duren said that the response received in favor
was from Gregory Knost, who owns the property across the street from Air Comfort.
Board Member Harris asked for the applicant's comments.
Danny Babineaux, owner of Air Comfort, Inc., addressed the Board.
Board Member LaBiche made a motion to approve the variance to the setback regulations
for the property at 625 N. Main Street as requested in File 422-BA. Board Member
DeMary seconded the motion. Motion to approve carried 5:0.
OTHER BUSINESS
A discussion was held between Mr. Richardson, Mr. Cooper and the Board regarding
possible changes to the Board's membership.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.
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