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HomeMy WebLinkAbout5-3-01 BA Minutes*MINUTES* BOARD OF ADJUSTMENT May 3, 2001 Civic Center A meeting of the Board of Adjustment was held on May 3, 2001 at 3:00 p.m. with the following members present: Board Member Mary Jowers Board Member Georgine Guillory Board Member Dohn LaBiche Board Member Lamar Roach Alternate Member Ed Orr Alternate Member Joey Hilliard Board Members absent: Board Member Bob Harris Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Bart Baker, Senior Planner and Jill Cole, Recording Secretary APPROVAL OF MINUTES Board Member Roach made a motion to approve the minutes of the April 5, 2001 Public Hearing. Alternate Member Orr seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 446-BA: A request for a variance to the rear yard building setbacks for a proposed apartment house project in an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 4600 block of N. Major Drive (FM 364) Applicant: T. T. D. T., L. L. C., Houston, Texas Mr. Richardson told the Board that the subject request is for a variance of the rear setback requirements for an apartment development proposed on North Major Drive. There are three variances and they are for three buildings that back up to a 250 foot wide canal right- BOARD OF ADJUSTMENT May 3, 2001 of -way. The property is zoned RM-H. The required setback for this zoning category is 25 feet, however, the proposed setbacks for three of the buildings that abut or back up to the canal are 17' 9", 18' 8" and 17' 10 respectively. The applicant shall have the burden of proof to demonstrate that all three conditions for a variance have been met. Sixteen notices were mailed to property owners within 200 feet. Five responses in favor and none in opposition were returned to staff. Slides of the subject property were shown. Board Member Jowers opened the public hearing and asked for the applicant's continents. James Farrington, Sr. Project Manager for Lamar Construction, addressed the Board and answered questions from Board Member Roach regarding the location of the buildings. Board Member Jowers 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 Roach made a motion to approve a request for a variance to the rear yard building setbacks for a proposed apartment house project in an RM-H District in the 4600 block of N. Major Drive as requested in File 446-BA. Board Member Guillory seconded the motion. The vote on the motion to approve File 446-BA follows: Board Member Jowers - For Board Member Guillory - For Board Member Roach - For Alternate Member Orr - For Alternate Member Hilliard - For The motion to approve File 446-BA carried 5:0. 7 BOARD OF ADJUSTMENT May 3, 2001 2) File 447-BA: A request for a variance to the rear yard building setback regulations for a proposed veterinary clinic in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: N. Major Drive (FM 364), 642.11' south of Dishman Road Applicant: Edward C. Ludwig, D.V.M. Mr, Richardson told the Board that the requested variance was to a rear setback requirement for a veterinarian clinic. There will be two buildings on the property. One is the clinic itself and one will be called the animal ward building. The actual variance for the building called the animal ward will abut a 110' wide DD No. 6 ditch. This ditch consists of a 50' wide paved ditch itself with 30' -wide grassed areas on either side of the ditch. The property is zoned GC-Mb. A 10' setback is required in commercial zoning. The variance is to 5' . The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met. Six notices were mailed to property owners within 200 feet of the subject property. Two responses in favor and none in opposition were returned. Slides of the subject property'were shown. Board Member Jowers opened the public hearing and asked for the applicant's continents. Dr. Ed Ludwig, the applicant, addressed the Board. Board Member lowers asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between the Board. Board Member Roach made a motion to approve the variance to the rear yard building setback regulations for a veterinary clinic in a GC -MD District on N. Major Drive, south of Dishman Road as requested in File 447-BA. Board Member Guillory seconded the motion. The vote on the motion to approve File 447-BA follows: Board Member Jowers - For Board Member Guillory - For Board Member Roach - For c BOARD OF ADJUSTMENT May J, 2001 Alternate Member Orr - For Alternate Member Hilliard - For The motion to approve File 447-BA carried 5:0. 3) File 448-BA: A request for a variance to the sign regulations in a GC -MD (General Commercial -Multiple Family Dwelling) District. Request to construct an owner identification sign 70' in height instead of the allowed 50' maximum height. Location: North side of S.H. 105, 132.81' east of Eastex Frwy. (U. S. Hwys. 69, 96, 287) Applicant: McDonald's Mr. Richardson to the height regulations of an owner identification sign at 5580 Highway 105. McDonald's is building a new restaurant at this location. They wish to build a 70' tall owner i.d. sign instead of the required 50'. The applicant has the burden of proof to demonstrate that all three of the conditions necessary for approval have been met. Five notices were mailed to surrounding property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. (Board Member LaBiche arrived.) Board Member Jowers opened the public hearing and asked for the applicant's comments. Brian Ellis, owner and operator of McDonald's, and Andy Smith, Operations Director for R. E. E. , Inc./McDonald's, addressed_ the Board. Board Member Jowers asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between the Board. n W BOARD OF ADJUSTMENT May 7, 2001 Board Member Roach made a motion to deny the variance to the sign regulations in a GC - MD District to allow a 70' tall owner identification sign instead of the allowed 50' maximum height for the McDonald's located on the north side of S.H. 105 and east of Eastex Freeway, as requested in File 448-BA. Alternate Member Orr seconded the motion. The vote on the motion to deny File 448-BA follows: Board Member LaBiche - For Board Member Sowers - For Board Member Guillory - For Board Member Roach - For Alternate Member Orr - For The motion to deny File 448-BA carried 5:0. 4) File 449-BA: Request for a variance to the sign regulations for an owner identification sign of 70' in height instead of the allowed 50' in an LI (Light Industrial) District. Location: Southwest corner of College Street and Interstate 10 Applicant: Leyendecker Management Services, Inc, * File 449-BA was withdrawn by the applicant on April 27, 2001. 5) File 450-BA: Request for a variance to the sign regulations for an owner identification sign of 70' in height instead of the allowed maximum height of 50' in an LI (Light Industrial) District. Location: 1150 IH-10 South Applicant: Quality Signs, Marlin Williford, for Cowboy Harley Davidson * File 450-BA was withdrawn by the applicant on April 30, 2001. OTHER BUSINESS Alternate Member Orr resigned his position as Alternate Member. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:30 P. M. W