HomeMy WebLinkAbout11-3-05 BA Minutes*MINUTES*
BOARD OF ADJUSTMENT
November 3, 2005
City Council Chambers
A meeting of the Board of Adjustment was held on November 3, 2005 and called to order at 3:00 p.m.
with the following members present:
Chairman Bob Harris
Vice Chairman Mary Jowers
Board Member Pat Avery
Board Member Joey Hilliard
Alternate Member Sam Pullig
Board Members absent: Alternate Member Justin Howard
Board Member Dana Timaeus
Alternate Member Kelli Maness
Also present: Steve Richardson, Planning Manager; Adina Abshire, Planner-, Jill Cole,
Recording Secretary; Tyrone Cooper, City Attorney
APPROVAL OF MINUTES
Vice Chairman Jowers made a motion to approve the minutes of the August 4, 2005 Meeting. Board
Member Hilliard seconded the motion. Motion to approve carried 4:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 541-BA: A request for a variance to the maximum area requirement for an owner
identification sign from 70 sq. ft. to 425 sq. ft.
Location: 5875 N. Major Drive
Applicant: Preventive Medicine of Southeast Texas
Mr. Richardson presented the staff report. The maximum sign area allowed for a single tenant sign
in the Major Dowlen Overlay District is 70 square feet. The subject sign is 5' tall and 85' long.
According to the Building Codes Division, the sign was constructed without a permit. Mr.
Richardson stated that he was informed that the applicant was told that a separate permit would be
required for the sign. The Planning Division did not approve any building plans for the sign. The
BOARD OF ADJUSTMENT
November 3, 2005
applicant states that he believes the sign is not obtrusive nor is it a visual distraction to traffic at
the intersection. The applicant also states the sign compliments the aesthetics of the facility as well
as enhances the community landscape.
(Alternate Member Pullig arrived.)
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
a variance have been met.
Fifteen notices were mailed to property owners within 200'. Three responses in favor and one
in opposition were received.
Slides of the subject property were shown.
Discussion followed between Mr. Richardson and the Board.
Chairman Harris opened the public hearing and asked for the applicant's comments.
Mark Magnuson, architect for the project, addressed the Board. Mr. Magnuson stated that the
plans were submitted for a permit and the plan for the sign was included, so he thought that the
sign was approved with the rest of the plans. Mr. Magnuson answered questions from the Board.
Swearing in of additional witnesses.
Chairman Harris asked for comments in favor or in opposition.
Boyd Meier, Building Codes Division, addressed the Board. In response to the Board, he stated
that the sign plan was not attached with the original plans that were submitted.
Further discussion followed between the Board and Mr. Meier,
Cody Williford of Daniels Construction addressed the Board and answered questions.
The public hearing was closed.
Discussion between the Board members followed.
Alternate Member Pullig made a motion to deny a variance to the maximum area requirement for
an 9wner identification sign from 70 sq. ft. to 425 sq. ft. at 5875 N. Major Drive as requested in
File 541-BA. Board Member Avery seconded the motion. The vote on the motion to deny File
541-BA follows:
Chairman Harris- For
Vice -Chairman Jowers - For
2
BOARD OF AMSTMENT
November 3, 2005
Board Member Avery - For
Board Member Hilliard - For
Alternate Member Pullig - For
The motion to deny File 541-BA carried 5:0.
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:55 P. M.
K