HomeMy WebLinkAbout11-7-96 BA MinutesBOARD OF ADJUSTMENT
November 7, 1996
City Council Chambers
A meeting of the Board of Adjustment was held on November 7, 1996 with the following
members present:
Vice -Chairman Kevin Fuller
Board Member Bob Harris
Board Member Mary Jowers
Board Member Chuck Mason
Board Member Glenn Bodwin
Board Members Absent: Board Member Dohn LaBiche
Also present: Stephen Richardson, Planning Director; Murray Duren, Senior
Planner; Tyrone Cooper, First Assistant City Attorney; Maria Trapp,
Planning Technician and Jill Cole, Recording Secretary.
APPROVAL OF MINUTES
Board Member Harris made a motion to approve the minutes of the September 5,
1996 Board of Adjustment Public Hearing. Board Member Jowers seconded the
motion. Motion to approve carried 5:0.
MINIM
1) File 388-BA: A request for a special exception and variances concerning a proposed
owner identification sign. Specifically, the setback requirements of Section 30-28 (b.)
I.d. for signs in a residential district (Special Exception, Section 30-27 E. 2.), and the
square footage and lighting and illumination requirements of Section 28 (b.) 1. a. and
c. (Variance, Section 30-27 E. 3.).
Location: 2485 Blanchette at Houston
Applicant: St. James United Methodist Church
Mr. Richardson told the Board that St. James United Methodist Church has been at
the Blanchette location since 1960. An existing sign is located at the intersection.
This sign was built prior to the current sign regulations.
BOARD OF ADJUSTMENT
November 7,1996
The support for the proposed sign would be set back 10' from the property line on
Houston Street and 6' from the property line on Blanchette. Required setbacks for
signage in an RM-H District are 25 feet.
A special exception to the setback requirements for signs can be granted by the Board
of Adjustment when the property is a corner lot and when the existing structure was
built prior to the adoption of the current regulations and precludes the placement of
the sign in accordance with these regulations.
A special exception may be granted when it will not adversely affect the value and use
of adjacent or neighboring properties and when the special exception will not be
contrary to the best public interest.
Mr. Richardson recommended approval of the special exception for the setbacks.
The church also requested variances to the size requirement and type of illumination.
In an RM-H District, a sign may not exceed 20 sq. ft. The proposed sign is 32 sq. ft.
The regulations also require that signs located in an RM-H District only be
illuminated by reflective flood light type illumination.
A variance may be granted when it is determined by the Board of Adjustment that
the granting of the variance is not contrary to the public interest; that literal
enforcement of the ordinance will result in unnecessary hardship which is not self-
imposed; and that by granting the variance, the spirit of the ordinance will be
observed and substantial justice will be done.
Mr. Richardson recommended denial of the two variance requests because it was felt
that the applicant had not demonstrated compliance with the conditions required for
a variance.
Eighteen notices were sent to property owners within 200 feet of the subject property.
One response in favor and none in opposition were returned.
In response to a question from Board Member Harris, Mr. Richardson said the
existing sign is 3' x 3'.
Discussion between Board and staff regarding size regulations.
Vice -Chairman Fuller opened the public hearing and asked for the applicant's
comments.
Michael Liedy addressed the Board on behalf of St. James United Methodist Church.
Mr. Liedy answered questions from the Board. He said the existing sign is in very
N
BOARD OF ADJUSTMENT
November 7, 1996
poor condition and that type of sign isn't available anymore. The proposed sign will
be located on the same corner and it will be visible from both sides.
Vice -Chairman Fuller asked for comments in favor or in opposition to the request.
Henry Edison III, Chairman of the Board for St. James United Methodist Church
addressed the Board in favor of the request.
Nathaniel McGinnis, Pastor of St. James United Methodist Church, addressed the
Board in favor of the request.
Vice -Chairman Fuller closed the public hearing.
Discussion between Board and staff regarding signs followed.
Board Member Harris made a motion to approve the special exception to the setback
requirements as requested in File 388-BA. Board Member Jowers seconded the
motion. Motion to approve carried 4:0.
Board Member Harris made a motion to approve the variances to the square footage
and lighting and illumination requirements as requested in File 388-BA. Board
Member Mason seconded the motion. Motion to approve carried 4:0.
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