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HomeMy WebLinkAbout12-3-98 BA MinutesI BOARD OF ADJUSTMENT December 3, 1998 City Council Chambers A meeting of the Board of Adjustment was held on December 3, 1998 with the following members present: Board Member Bob Harris Board Member Dohn LaBiche Board Member Glenn Bodwin Board Member Lynn DeMary Board Member Ed Orr Board Members absent: Board Member Mary Jowers Board Member Alvin Cook Board Member Lamar Roach Board Member Joe Ashy Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician and Jill Cole, Recording Secretary. Board Member LaBiche made a motion to approve the minutes of the November 5, 1998 Board of Adjustment Public Hearing. Board Member Orr seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 420-BA: A request for a variance to the setback regulations for an owner identification sign in an HI (Heavy Industrial) District. The applicant asks for a 4' setback from the front property line. The regulations require a 10' setback. Location: 85-87 IH-10 North (Regents Park) Applicant: E. Jay Sherlock for J. S. Edwards and Sherlock Insurance Agency BOARD OF ADJUSTMENT December 3. 1998 Mr. Richardson told the Board that the variance request was to allow the applicant to construct a 2'6" x 6' brick monument sign 4' from the front property line instead of the required 10 feet. The sign will be located in front of 85 IH-10 North. Putting the sign 4' from the property line will place it 18' from the curb of the service road of the freeway. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for the variance have been met. Slides of the subject property were shown. Mr. Richardson answered questions from the Board regarding distances. Nine notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned to staff. Board Member Harris expressed concerns regarding other tenants making similar requests . Board Member Harris, acting as Chairman, opened the public hearing and asked for the applicant's comments. Craig Sherlock addressed the Board on behalf of J. S. Edwards and Sherlock Insurance Company, the applicant. He distributed some photos of the subject property and answered questions from the Board. Mr. Duren clarified that Regents Park was constructed prior to the 1981 Zoning Ordinance and the sign regulations. Board Member Harris asked for comments in favor or in opposition. No comments were made. The pubic hearing was closed. Board Member LaBiche made a motion to approve the variance for an owner identification sign as requested in File 420-BA. The motion failed for lack of a second. Board Member Orr made a motion to deny the variance to the setback regulations for an owner identification sign at 85-87 IH-10 North as requested in File 420-BA. Board Member Bodwin seconded the motion. Motion to deny carried 3:2. PA BOARD OF ADJUSTMENT December 3, 1998 2) File 421-BA: A request for a variance to the setback regulations for an accessory commercial use, i.e., coin -operated automatic water dispenser in an NC (Neighborhood Commercial) District. The applicant asks for a 5' setback from the front property line. The regulations require a 20' setback, Location: 3800 Calder at 23rd Street (Shopping Center) Applicant: Pure Water Outlets, by Steven Jones, et al Mr. Richardson told the Board that the request for a variance is to allow the applicant to construct a - 14' x 16' coin -operated automatic water dispenser 5' from the front property line instead of the required 20 feet. Putting the building 5' from the property line would place it 28' from the edge of the pavement of Calder. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for the variance have been met. Slides of the subject property were shown. Board Member Harris asked for the applicant's comments. Charles Weinbaum, 675 Wade, addressed the Board. Mr. Weinbaum owns the shopping center property. He answered questions from the Board regarding the specifies of the water dispenser business. Ray Baker with Pure Water Outlets addressed the Board and distributed photos of one of their dispenser facilities. Board Member Harris asked for comments in favor or in opposition. No further comments were made. The.public hearing was closed. Board Member Bodwin made a motion to approve the request for a variance to the setback regulations for an automatic water dispenser at 3800 Calder at 23rd Street as requested in File 421-BA. Board Member Orr seconded the motion. Motion to approve carried 5:0. 3) File 422-BA,: A request for a variance to the setback regulations for the expansion of an existing business in a GC -MD (General Commercial -Multiple Family Dwelling) District. The applicant asks for a 1.5' setback from the exterior side yard property lines. The regulations require a 10' setback. Location: 625 N. Main Street Applicant: Air Comfort, Inc. K BOARD OF ADJUSTMENT December 3, 1998 Mr. Richardson told the Board that the request was for a variance to allow the applicant to construct a 50' x 100' addition to an existing commercial building 1.5' from the side property lines instead of the required 10 feet. The existing building was built in the 1940's with 18" side setbacks. There were no building setback requirements at that time. The owner would like to continue the existing building lines on the addition. The applicant shall have the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met. Twelve notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned to staff. Slides of the subject property were shown. In response to Board Member LaBiche, Mr. Duren said that the response received in favor was from Gregory Knost, who owns the property across the street from Air Comfort. Board Member Harris asked for the applicant's comments. Danny Babineaux, owner of Air Comfort, Inc., addressed the Board. Board Member LaBiche made a motion to approve the variance to the setback regulations for the property at 625 N. Main Street as requested in File 422-BA. Board Member DeMary seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS A discussion was held between Mr. Richardson, Mr. Cooper and the Board regarding possible changes to the Board's membership. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 4