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HomeMy WebLinkAbout2-5-04 BA Minutes*MINUTES* BOARD OF ADJUSTMENT February 5, 2004 City Council Chambers A meeting of the Board of Adjustment was held on February 5, 2004 and called to order at 3:00 p.m. with the following members present: Chairman Bob Harris Board Member Pat Avery Board Member Joey Hilliard Alternate Member Justin Howard Board Members absent: Board Member Mary Jowers Board Member Dana Timaeus Alternate Member Gladys Allen Alternate Member Sam Pullig Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Asst. City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Don Burrell, Building Official APPROVAL OF MINUTES Board Member Hilliard made a motion to approve the minutes of the January 8, 2004 Meeting. Alternate Member Howard seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 5 10-BA: A request for variances to the minimum allowable side yard setback and to the minimum allowable setback from a street right-of-way for an advertising sign. Location: 200 block of Crockett, south side Applicant: Crockett Street Development Mr. Richardson stated that the subject request is for variances to the minimum allowable interior side yard setback from 10' to 2' and to the minimum allowable setback from a BOARD OF ADJUSTMENT February 5, 2004 street right-of-way from 25' to 3' for an advertising sign. Crockett Street Development Company constructed a screening wall along the southwest side of their parking lot for the Crockett Street Development. The purpose of the wall is to screen an adjacent building at the corner of Pearl and Bowie. Crockett Street Development Company would like to lease off -premise advertising space to other businesses. They propose to place five 18' x 24' signs on each of the five panels that make up the wall. The Zoning Ordinance requires that off -premise advertising signs of this size be spaced a minimum of 750 feet apart. Based upon that spacing requirement, only one off -premise advertising sign would be permitted on the panels. Mr. Richardson stated that last week City Council passed a 120 day moratorium on the permitting and construction or erection of off -premise advertising signs, so the Board still has the authority to grant a variance to the request. Whether or not this becomes permanent is unknown, but at least for 120 days, they would not be able to put up any off - premise advertising signs. What is being considered by the Board are the setback requirements for an off -premise advertising sign. The Zoning Ordinance requires that no advertising sign be placed closer than 10' to any interior side yard and no closer than 25' to any street right-of-way. The sign will be 2' from the interior side yard and 3' from the street right-of-way. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Eight notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned to staff. Mr. Richardson stated that this request was presented to the Board at the January meeting and the motion to approve the request failed. Discussion of the applicant's options followed as far as whether or not they chose to table their request today because of only four Board members being present. The applicant wanted to go forward with the request. Slides of the subject property were shown. 0J. BOARD OF ADJUSTMENT February 5, 2004 Discussion between Mr. Richardson and the Board followed. Chairman Harris opened the public hearing and asked for the applicant's comments. Christina Delgadillo with Crockett Street Development Company, the applicant, addressed the Board and answered questions regarding the type of advertisements that would be placed on the panels. Discussion followed between the Board, Mr. Richardson and the applicant clarifying the actual request. Mr. Richardson explained that from the beginning, the applicant would only be able to put up one advertising sign, not five. Chairman Harris asked for comments in favor or in opposition. Swearing in of additional witnesses. Carolyn Howard, Director of Beaumont Main Street, addressed the Board and clarified that if a variance was granted to lease one of the panels, the could put up four other signs that are Crockett Street advertisements. Further discussion followed. The public hearing was closed. Discussion followed between Board members. Board Member Hilliard made a motion to table a request for variances to the minimum allowable side yard setback and to the minimum allowable setback from a street right-of- way for an advertising sign in the 200 block of Crockett, south side as requested in File 510-BA until City Council's decision on the City's sign ordinance. Board Member Avery seconded the motion. The vote on the motion to table File 510-BA follows: Chairman Harris - For Board 1• Avery - For Board i• Hilliard Alternate Member Howard - FI BOARD OF ADJUSTMENT February 5,2004 OTHER BUSINESS Mr. Richardson introduced Don Burrell, Building Official, to the Board. Recently, Mr. Burrell received a request to build a Porte cochere on the side of a house and the thought has been that it would not be permitted because the whole thing would be encroaching into the setback, which is not permitted. In the past, open front porches have been allowed with an encroachment into the front yard setback. Discussion followed between staff and the Board as to the Board's opinion. It was decided that the Porte cochere on the side of the house would not be allowed and in the future, open front porches should not be allowed either. THERE BEING NO FURTHER BUSINESS. THE MEETING WAS ADJOURNED AT 3:55 P. M. 0