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HomeMy WebLinkAbout5-7-98 BA MinutesBOARD OF AWUSTM ENT May 7, 1998 City Council Chambers A meeting of the Board of Adjustment was held on May 7, 1998 with the following members present: Board Member Mary Jowers Board Member Lamar Roach Board Member Alvin Cook Board Member Glenn Bodwin Board Members absent: Board Member Dohn LaBiche Board Member Bob Harris Board Member Joe Ashy Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Stanley Hatcher, Planning Technician and Jill Cole, Recording Secretary. Board Member Roach made a motion to approve the minutes of the April 2, 1998 Board of Adjustment Public Hearing. Board Member Cook seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES 1) File 407-BA: A request for a special exception on a comer lot to allow a rear yard (setback) of eight (8) feet instead of the fifteen (15) feet regulated by Section 30-25 B. I and Section 30-25 C. 17. Property is zoned RS (Residential Single Family Dwelling). Location: 2570 Ashley at Tenth Street Applicant: Hartman Homes for Mick Dubea BOARD OF ADJUSTMENT May 7, 1998 Mr. Richardson told the Board that the request was for a special exception of the minimum rear yard building setback on a corner lot in a single family residential district. The proposed use is a new home that will be built on the property at 2570 Ashley. The special exception is from the required 15 feet at the rear to 8 feet. According to Mr. Dubea, who is the owner of the property and is building the home, the reason for this special exception is to avoid cutting down several oak trees on the property. The applicant shall have the burden of providing to the Board that the special exception will not adversely affect the value and use of adjacent neighboring properties and that the exception is not contrary to the public interest. Fourteen notices were mailed to property owners within 200 feet of the subject property. Two responses in favor and none in opposition were returned to staff. Board Member Jowers, acting as Chairman, opened the public hearing and asked for the applicant's comments. Don Hartman of Hartman Homes, the applicant, addressed the Board. Board Member Jowers; asked for comments in favor or in opposition. No comments were made. Board Member Jowers closed the public hearing. Discussion between Board members followed. Board Member Cook made a motion to approve the special exception allowing a rear yard building setback of 8 feet instead of 15 feet as requested in File 407-BA. Board Member Bodwin seconded the motion. Motion to approve carried 4:0. 2) File 408-BA: A request for a variance to the sign regulations of Section 30-28 (c)3. to permit an owner identification sign with an overall height of 80 feet. The ordinance allows signs up to 50 ft. in an LI (Light Industrial) District. Location: 2265 IH-10 S. Applicant: Chandler Signs, Inc. for O'Krepki Hotel Group, L.P. Mr. Richardson told the Board that the request was from the maximum height requirement for an owner identification sign proposed in an LI District at 2265 IH- 10 South. The variance is from the required 50 feet to 80 feet. N BOARD OF ADJUSTMENT May 7, 1998 The applicant, Chandler Signs, is requesting this variance in order to construct an 80 foot tall joint owner identification sign for two new Marriott Hotels being built at this address. One is a Courtyard and the other is a Fairfield Inn. The Zoning Ordinance allows a detached owner identification sign 50 feet tall. This dimension is measured from the crown of the roadway immediately abutting the property. The subject tract abuts the northbound service road of IH-10- The applicant states that a 50 foot sign will not be seen by motorists because trees would block the view. The applicant shall have the burden of proof to demonstrate that all three of the conditions for granting have been met. Nine notices were mailed to property owners within 200 feet of the subject property. One response in opposition and none in favor were returned. Board Member Jowers opened the public hearing and asked for the applicant's comments. Bill Teel of Chandler Sign Company, the applicant, addressed the Board on behalf of Marriott and O'Krepki Hotel Group. Mr. Teel said that a flag test was performed at the site using a crane truck. He had photos of the test at 50 feet and also at 80 feet high. They found that the visibility at 50 feet was inadequate. Primarily, they want to give motorists on eastbound IH-10 an opportunity to exit at Washington Boulevard. He said that they feel that at 80 feet, motorists have a chance to exit safely. Mr. Teel answered questions from the Board. Board Member Jowers asked for comments in favor or in opposition. Chris Coco of Bemsen, Jamail and Goodson Law Firm addressed the Board on behalf of the Hilton Hotel. The Hilton Hotel has a 38 foot sign and are opposed to the Marriott's request. They are currently undergoing a extensive renovation and will replace the 38 foot sign with a monument sign. Mr. Coco said that there is nothing unique about the subject property and does not warrant the request. Tim Kennedy, General Manager of the Hilton, spoke to the Board in opposition of the request. A. J. Leger spoke on behalf of Don's Seafood Restaurant located across the freeway from the subject property. They are in opposition to the request. 3 BOARD OF ADJUSTMENT May 7,1998 Rebuttal by Bill Teel. In reference to the Hilton's plan to replace their sign with a monument sign, Mr. Teel reminded the Board that they would still have their rooftop neon sign that provides excellent visibility. Board Member Jowers closed the public hearing. Board Member Roach made a motion to deny the variance of the maximum height requirement for the owner identification sign for an 80 foot sign as requested in File 408-BA. Board Member Bodwin seconded the motion. Motion to deny carried 4:0. '[43 R IN I Ift I QN-1-TIR �kj 0 4