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* M I N U T E S *
BOARD OF ADJUSTMENT
September 5, 2019
City Hall, 801 Main Street
A Meeting of the Board of Adjustment was held on September 5, 2019 and called to order at 3:01 p.m.
with the following members present:
Board Member Jeff Beaver
Board Member Joey Hilliard
Alternate Board Member Tom Rowe
Alternate Board Member Lee Smith
Board Members absent: Chairman Dana Timaeus
Board Member Christy Amuny
Also present: Katrina Purcell, Planner I; Fran Malvo, Recording Secretary,
Sharae Reed, First Assistant City Attorney
APPROVAL OF MINUTES
Board Member Hilliard made a motion to approve the minutes for August 1, 2019. Alternate
Board Member Smith seconded the motion. Motion to approve the minutes carried 4:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 742-BA: Consider a request for a Variance to the requirement that an electronic reader
board is to be attached or be a part of a detached owner identification sign and not attached to
the structure itself.
Applicant: Bryan Kirbow
Location: 7965 Eastex Freeway
Mrs. Purcell presented the staff report. The applicant, Bryan Kirbow, is requesting a Variance to the
requirement that an electronic reader board is to be attached to or be a part of a detached owner
identification sign and not attached to the structure itself. The existing Sign Ordinance states “The
existing Sign Ordinance states, “The electronic reader board is to be attached to or a part of a detached
owner identification sign” (Sec. 28.04.003 (5a). The electronic reader board is not to be a standalone
sign or attached to the building or structure. He has applied and been approved for an owner
identification pole sign with the electronic reader board on it. The applicant states the reason for this
variance request is that attaching the signage to a pole will add an additional $8500 to the cost of the
sign versus placing the signage on the building.
BOARD OF ADJUSTMENT
September 1, 2019
In order for a Variance to be approved, the applicant shall have the burden of proof to demonstrate that
all three conditions necessary for approval have been met:
A) That the granting of the variance will not be contrary to the public interest;
B) That literal enforcement of the ordinance will result in unnecessary hardship because of
exceptional narrowness, shallowness, shape topography or other extraordinary or
exceptional physical situation or hardship physical condition unique to the specific piece of
property in question. “Unnecessary hardship” shall mean physical hardship relating to the
property itself as distinguished from a hardship relating to convenience, financial
considerations or caprice, and the hardship must not result from the applicant or owner’s
actions; and
C) That by granting the variance, the spirit of the ordinance will be observed and substantial
justice will be done.
Five (5) notices were mailed to property owners within 200 feet of the subject property. No responses
were received in favor or in opposition. Slides of the subject property were shown. The applicant was
present. Bryan Kirbow, 4055 Old Dowlen Road addressed the Board. Discussion followed regarding
where the pole sign and electronic reader board will be placed. Mr. Kirbow stated that he did not want
to cause any problems for his neighbor Mr. Bush. He also stated that he would rather place the sign on
a pole. No questions or comments for Mr. Kirbow. The public hearing opened. Don Bush, 8705 Old
Voth Road, addressed the Board. Mr. Bush stated that he lives directly behind the property. He stated
that if the sign will be attached to the front of the building it will not be an issue, but if the sign will be
placed near the south of the building or to the edge of the right-of-way, it will create issues. No
questions for Mr. Bush. Discussion followed amongst the Board Members. Discussion followed
between Mrs. Reed and the Board regarding the ordinance on electronic reader boards and creating a
hardship. No other questions or comments. Alernate Board Member Smith made a motion to approve
the request for a Variance for an electronic reader board to be attached to or be a part of a detached
owner identification sign and not attached to the structure itself, as requested for File 743-BA. Board
Member Hilliard seconded the motion. Motion to approve carried 4:0.
OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:24 p.m.
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