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HomeMy WebLinkAbout6-10-99 BA Minutes*_, ><::;: BOARD OF ADJUSTMENT SPECIAL CALLED MEETING June 10, 1999 City Council Chambers A Special Called Meeting of the Board of Adjustment was called to order at 3:08 p.m. on June 10, 1999, with the following members present: Board Member Bob Harris Board Member Mary Jowers Board Member Glenn Bodwin Board Member Alvin Cook Alternate Member Lamar Roach Alternate Member Lynn DeMary Alternate Member Ed Orr Board Members absent: Board Member Dohn LaBiche Alternate Member Joe Ashy Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Coo er, First Assistant City Attorney; Adina Abshire, Planning Technician; and Jill Cole, Recording Secretary SWEARING IN OF WITNESSES Board Member Harris stated that File 425-BA, a request to allow a sign at Dishman Elementary School was heard by the Board on June 3, 1999, and at that time, it failed to receive the necessary four favorable votes to grant the variance. He said that he felt there were some reasons why the Board should consider looking at the request again. One reason is because there was a question about a monument sign that is already there. He said he has since learned that this was on the plans submitted to the City for the building of the school. The sign was there ---it was a mistake, it was the City's mistake however and not B.LS.D.'s mistake that it was approved. Mr. Harris said it was done before the deeding of the street to the City and at this stage, it's a moot point to have them request a variance for that sign. The second thing is that this sign to be erected is about 800 feet from the nearest main artery which is Walden Road and it wouldn't be a distraction to anybody traveling up and down Walden Road. Mr. Harris said with that in mind, the Board should look at it again. BOARD OF ADJUSTMENT June 10, 1999 Board Member Roach stated that he understood that it was the school district that had requested under the Board's rules a rehearing within the ten day requirement. In response to Board Member Roach, Mr. Cooper said that procedurally that is correct, but it was at the request of the Chairman that it be brought back for rehearing. Board Member Harris made a motion to rehear File 425-BA "with a different thought in mind" and perhaps eliminate the necessity of a variance for the monument sign. Board Member Roach made an amendment to the motion. He said that he has no problem with rehearing the request, but would like to delete the portion "...with a different thought in mind." He said he didn't think that it was germane to the business at hand. Board Members Jowers seconded the motion. The vote to rehear File 425-BA follows: Board Member Harris - Yes Board Member Jowers - Yes Board Member Bodwin - Yes Board Member Cook - Yes Board Member Roach - Yes The motion to rehear File 425-BA carried 5:0. PUBLIC HEARING 1} VlFile 425-BA: A request for a variance to the sign regulations to permit an owner identification sign that will be internally illuminated, and with an area of 48 square feet. The residential zoning districts allow a maximum sign area of 20 square feet. A setback of less than 25' is also requested for variance. Location: 3475 Champions Drive Applicant: Beaumont Independent School District, Tanner Hunt, Attorney Mr. Richardson told the Board that the subject request is for three variances for a proposed owner identification sign in a residential district. The three variances are for the overall size from the allowed 20 square feet to 48 square feet, a 20 foot setback instead of the required 25 feet and also for internal illumination of the sign. The ordinance does not allow internal illumination in a residential district. 2 BOARD of ADJUSTMENT June 10, 1999 The proposed sign will lie east of the new Champions Drive extension on the new Dishman School campus. As Board Member Harris stated, last Thursday the three variances failed to be approved because of the 3:2 vote. B.I.S.D. has requested that this case be reheard. The applicant has the burden of proof to demonstrate to the Board that Conditions A, B and C have been met. Fourteen notices were mailed to property owners within 200 feet. No responses in opposition or in favor 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. Melody Thomas with Wells, Peyton, Greenberg & Hunt, L.L.P. addressed the Board on behalf of B.I.S.D. Ms. Thomas thanked the Board for rehearing the request. She said that the main function of the proposed sign will be to communicate to citizens what is going on at the school. The illumination of the sign would not be distracting to the surrounding neighbors because the lights are placed on timers and would not be on all night. The parents of the children attending the school would be alerted to important notices such as early dismissal from school, etc. Written notices are sent home with the students, but parents don't always receive them. Ms. Thomas asked the Board to separate the three issues of the request and vote on them separately. In response to Board Member Roach, Principal Jay Judith said that a total of 500 students attend Dishman Elementary and of that total, 1.50 are bussed in from other parts of the City. Board Member Roach asked what the school district's plan is to communicate to the parents of the 150 students that are bussed in from other areas. Ms. Thomas said that despite every effort, not all parents will receive all information, but they are trying to do the best they can to alert as many parents as possible. Written notes will still be sent home with students. Board Member Roach clarified that B.I.S.D, plans for Dishman Elementary to be a community based school and that they plan to disseminate information for civic interaction on the proposed sign. He asked how they plan to do that with it being that fa r away from Walden Road where citizens might see the information. 3 BOARD OF ADJUSTMENT June 10, 1999 Principal Jay Judith responded that among the activities taking place at Dishman, Amelia Little League and several Scout troops meet there. In addition, community education programs and a day care program financed strictly by parental tuition also use the facility. 4f the 50 students at the day care, 20 are from Dishman Elementary. Discussion regarding the possible extension of Champions Drive followed. Dorthy Patterson, Project Manager for B.I.S.D., addressed the Board. Discussion between the applicant and the Board followed regarding the illumination, the timer on the sign controlling the lighting, and what effects, if any, on the surrounding neighbors. Board Member Harris asked for comments in favor or in opposition. Suzanne Moilanen, 3930 Cypress Point Drive, addressed the Board in favor of the request. She has two sons that attend Dishman Elementary. Tyrone Cooper addressed the Board as Dishman Elementary P.T.A. President in favor of the request. Mr. Cooper stressed the involvement of parents with teachers in the school. The main interest of the P.T.A. is to disseminate information. The size will not adversely affect anyone living in the vicinity. Board Member Harris closed the public hearing. Discussion between Board members followed. Board Member DeMary reminded the Board that the applicant asked that the request be voted on as three separate items. Board Member Jowers made a motion to approve the variance granting a 20' setback instead of the required 25' setback for the proposed sign at Dishman Elementary as requested in File 425-BA. Board Member Bodwin seconded the motion. The vote to approve the setback follows: Board Member Harris - Yes Board Member Jowers - Yes Board Member Bodwin - Yes Board Member Cook - No Board Member Roach - No 4 BOARD OF ADJUSTMENT June 10, 1999 The motion to approve the setback failed 3:2. Board Member Jowers made a motion to approve a 48 square foot sign instead of the allowed 20 square feet for the proposed sign at Dishman Elementary as requested in File 425-BA. Board Member Bodwin seconded the motion. The vote to approve the size follows: Board Member Harris - Yes Board Member Jowers - Yes Board Member Bodwin - Yes Board Member Cook - No Board Member Roach - No The motion to approve the size of 48 square feet failed 3:2. Board Member Jowers made a motion to approve the internal illumination for the proposed sign at Dishman Elementary as requested in File 425-BA. Board Member Bodwin seconded the motion. The vote to approve the internal illumination follows: Board Member Harris - Yes Board Member Jowers - Yes Board Member Bodwin - Yes Board Member Cook - No Board Member Roach - No The motion to approve internal illumination failed 3:2. (For further Board action on File 425-BA, see Page 7.) 2) File 426-BA: A request for a variance to the sign regulations to permit an owner identification sign that will be internally illuminated, and with an area of 48 square feet. The residential zoning districts allow a maximum sign area of 20 square feet. Location: 1400 Avenue "A" Applicant: Beaumont Independent School District, Tanner Hunt, Attorney Mr. Richardson said that the subject request was for two variances for a proposed owner identification sign at M. L. King, Jr. Middle School on Avenue "A". The sign will be located on Avenue A. Of the two variances requested, one is for the overall size from the permitted 20 square feet to 48 square feet and the second is for internal illumination. There is no setback issue on this sign. �1 BOARD OF ADJUSTMENT June 10, t999 The applicant will have the burden of proof to demonstrate that Conditions A, B and C have been met. Fifty-three 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 asked for the applicant's continents. Melody Thomas with Wells, Peyton, Greenberg & Hunt, L.L.P. addressed the Board on behalf of B.I.S.D. Ms. Thomas said that the reasons for requesting the sign at M. L. King School were basically the same as Dishman Elementary. The main function of the proposed sign will be to communicate to citizens what is going on at the school. The illumination of the sign would not be distracting to the surrounding neighbors because the lights are placed on timers and would not be on all night. The parents of the children attending the school would be alerted to important notices such as early dismissal from school, etc. Written notices are sent home with the students, but parents don't always receive them. Ms. Thomas and Dorthy Patterson answered questions from the Board regarding the proposed park to be located near the school, traffic around the school and signs at existing schools. Board Member DeMary asked the applicants if they agreed that the drivers traveling on Avenue A, a thoroughfare, at 30 mph would have a difficult time reading the sign if it was smaller and unlit. Ms. Thomas agreed that these were important factors in their request and that they have been told by the Project Manager and architect that a smaller sign would be ineffective with regard to drivers on Avenue A. Board Member DeMary asked if B.I.S.D. had received any negative comments about existing signs with internal illumination. Ms. Patterson said that the neighborhood surrounding the M. L. King School is very much in favor of any lighting because of security reasons. Rosetta Jones addressed the Board on behalf of the M. L. King School P.T.A. President. Mrs. Jones is also the Executive Director of the grass roots organization Statewide 0 BOARD OF ADJUSTMENT June 10. 1999 Consolidated Community Development Corporation. They work in conjunction with the City and other partners in the community in revitalizing older communities. She said that the neighborhood surrounding M. L. King School has a high number of "at -risk" students and the marquee sign would be beneficial to the parents of "at -risk" students by helping keep them involved. Board Member Harris closed the public hearing. In response to Board Member DeMary, Mr. Richardson said that no responses in favor or in opposition were returned. Discussion between the Board members followed. Board Member Bodwin made a motion to approve the variance request to allow an owner identification sign of 48 square feet for the sign at M. L. King, Jr. Middle School at 1400 Avenue "A" as requested in File 426-BA. Board Member Jowers seconded the motion. The vote on the motion to approve 48 square feet follows: Board Member Harris - Yes Board Member Jowers - Yes Board Member Bodwin - Yes Board Member Cook - Yes Board Member Roach - No The motion to approve carried 4:1. Board Member Bodwin made a motion to approve the internal illumination for the proposed sign at M. L. King, Jr. Middle School as requested in File 426-BA. Board Member Jowers seconded the motion. The vote to approve the internal illumination follows: Board Member Harris - Yes Board Member Jowers - Yes Board Member Bodwin - Yes Board Member Cook - Yes Board Member Roach - No The motion to approve carried 4:1. 7 BOARD OF ADJUSTMENT June 10, 1999 Kim Mankes addressed the Board. She has three children attending Dishman Elementary. She questioned Board Members Roach and Cook on their reasoning behind denying the variance requests for the sign at Dishman. Board Member Roach said that he feels that the City has ordinances that need to be adhered to and if the citizens want to make changes, they should petition the City Council to do so. Board Member Cook said he feel s that the situation at Dishman Elementary is different from the M. L. King School and that the lighting was not needed at Dishman like it is at M. L. King School. Mrs. Mankes asked Mr. Cook why he also denied the sign and setback. Mr. Cook said he was confused about the breakdown of the requests into three separate issues. Mrs. Mankes asked if they could vote again on the variance requests. Ms. Patterson asked the Board to vote on the variance requests again. Board Member Harris asked for motions on the variance requests at Dishman Elementary. Board Member Jowers made a motion to approve the 6' x 8' size sign at Dishman Elementary as requested in File 425-BA. Board Member Bodwin seconded the motion. The vote to approve the size follows: Board Member Harris - Yes Board Member Jowers - Yes Board Member Bodwin - Yes Board Member Cook - Yes Board Member Roach - No The motion to approve carried 4:1. Board Member Jowers made a motion to approve the 20' setback variance for the sign at Dishman Elementary as requested in File 425-BA. Board Member Bod win seconded the motion. The vote to approve the setback follows: Board Member Harris - Yes Board Member Jowers - Yes Board Member Bodwin - Yes Board Member Cook - No Board Member Roach - No The motion to approve failed 3:2. BOARD of ADJUSTMENT June 10, 1999 Board Member Jowers made a motion to approve the internal illumination for the sign at Dishman Elementary as requested in File 425-BA. Board Member Bodwin seconded the motion. The vote to approve the internal illumination follows: Board Member Harris - Yes Board Member Jowers - Yes Board Member Bodwin - Yes Board Member Cook - No Board Member Roach - No The motion to approve failed 3:2. Board Member Harris clarified that a 6' x 8' sign can be erected with external lighting and a 25' setback at Dishman Elementary. Mrs. Moilanen addressed the Board again and asked Board Member Cook why he approved the internal illumination for the sign at M. L. King School and not at Dishman Elementary. He said that he felt that the situations were different and that there were too many variations of the Code already. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:30 P. M. J