HomeMy WebLinkAbout8-1-96 BA MinutesBOARD OF ADJUSTMENT
August 1, 1996
City Council Chambers
A meeting of the Board of Adjustment was held on August 1, 1996 with the following
members present:
Vice -Chairman Kevin Fuller
Board Member Dohn LaBiche
Board Member Mary Jowers
Board Member Chuck Mason
Board Members Absent: Board Member Bob Harris
Also present: Stephen Richardson, Planning Director; Murray Duren, Senior
Planner; Lane Nichols, City Attorney; Maria Trapp, Planning
Technician and Jill Cole, Recording Secretary.
Board Member Mason made a motion to approve the minutes of the July 11, 1996
Board of Adjustment Public Hearing. Board Member LaBiche seconded the motion.
Motion to approve carried 4:0.
PUBLIC HEARING
1) File #384-B :A reques t for variances to the landscaping and screening requirements
of Section 30-31 and to the UC (Urban Corridor) Overlay District sign regulations
of Section 30-23.
Location: 501 Washington Boulevard
Applicant: Speedy Stop Food Stores, Ltd.
Mr. Richardson told the Board that the applicant is requesting variances from the
various sections of the landscaping and screening regulations and the sign regulations
of the UC (Urban Corridor) District.
The applicant, Speedy Stop Stores, Ltd., is planning to build a convenience store with
gas pumps at the southwest corner of the intersection of MLK Parkway and
BOARD OF ADJUSTMENT
August 1, 1996
Public Hearing
Washington Boulevard.
In order to build the store as per the proposed plans, the following have been asked
for:
1) A variance of the 10' landscape buffer along the south property line. The
adjacent property to the south is zoned RS (Residential Single Family
Dwelling) District. An 8' privacy fence will be built for screening.
2) A variance of the landscaping requirements to allow the applicant to install
all of the required landscaping along the street frontages within the city right-
of-way. Regulations require a 6' landscape strip. Three feet can go on the
subject property and three feet on the right-of-way if room allows.
3) A variance of the tree spacing requirement along the street frontages. The
ordinance requires one tree per every 25 feet.
4) A variance from the sign regulations in the Urban Corridor District from a
maximum square footage of 60 square feet to 150 square feet.
Because of the shape of the lot, for the convenience store to be built in a way which
would allow for adequate parking and on -site traffic flow, the applicant feels that the
variances should be granted.
Mr. Richardson recommended approval of the first three variances and feel that they
meet Conditions X B and C. In addition, Mr. Richardson recommended denial of
the variance for an increase in sign size. He felt that the request does not meet
Conditions A through C. The Urban Corridor District regulations were adopted by
City Council in October, 1993. The purpose of these regulations is to enhance the
development that occurs along Martin Luther King Parkway through the control of
signage.
Eighteen notices were sent to property owners within 200 feet of the subject property.
One response in opposition and none in favor were returned.
Discussion between Board and staff regarding signs followed. The Urban Corridor
regulations prohibit billboards and the maximum height for signs is 20 feet.
Vice -Chairman Fuller opened the public hearing and asked for the applicant's
comments.
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BOARD OF ADJUSTMENT
August l,1996
Public Hearing
John Johnson, attorney representing Speedy Stop, Ltd., the applicant, addressed the
Board. Mr. Johnson distributed pictures of various stores throughout the state. He
stressed the safety factor as far as speed limits and traffic is concerned. Drivers would
have more time to see a 150' sign, decide to stop and exit.
Frank Hurta, Authorized Agent of Speedy Stop Food Stores addressed the Board.
Vice -Chairman Fuller asked for comments in favor or in opposition.
No further comments were made. Vice -Chairman Fuller closed the public hearing.
Board Member Mason made a motion to approve variance request #1 of File 384-BA
as submitted. Board Member LaBiche seconded the motion. Motion to approve
carried 4:0.
Board Member Mason made a motion to approve variance request #2 of File 384-BA
as submitted. Board Member LaBiche seconded the motion. Motion to approve
carried 4:0.
Board Member Mason made a motion to approve variance request #3 of File 384-BA
as submitted. Board Member LaBiche seconded the motion. Motion to approve
carried 4:0.
Board Member LaBiche made a motion to deny variance request #4 of File 384-BA
as submitted. Board Member Mason seconded the motion. Motion to deny failed
2:2. (Every application shall be disallowed, unless the concurring vote of four
members of the Board shall favor the application or appeal. Article V, Section 2.,
Board of Adjustment Bylaws)
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