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Airport Board of Adjustment Minutes - 03/18/2013MINUTES AIRPORT BOARD OF ADJUSTMENT March 18, 2013 PRESENT: Gary Diehm, Acting Chairman Amy Bobrowitz Chad Hughes Tim James Kinley Hegglund, Assist. City Attorney Karen Gagne, Planning Administrator LeAnn Moran, Airport Administrator Marty Odom, Planner III Monique Coleman, Planner II ABSENT: Brian Hooker Samuel E. Amerine I. CALL TO ORDER AND ROLL CALL The meeting was called to order by Acting Chairman Diehm at 1:35 p.m. Acting Chairman Diehm proceeded to make the following announcements: ♦ Members • ♦ Legal Depart. ♦ City Staff ♦ Council Liaison ♦ Members a. Motions made by the board members including all staff recommendations listed on the staff report and deviations will be discussed on a case -by -case basis. b. Applicants and citizens may address the Board or answer questions from the board members are asked to speak into the microphone at the podium. c. Please turn off all cell phones so they do not disrupt the meeting. II. APPROVAL OF MINUTES FOR OCTOBER 24, 2012 MEETING Acting Chair Diehm called for approval of the minutes and asked if there were any corrections or comments. Ms. Coleman made note of one correction to change the width of the runway as noted in the October 24, 2012 minutes from 70 feet to 75 feet. Mr. Diehm called for a motion to approve the minutes with corrections. Mr. Hughes made a motion to approve the minutes as amended and Ms. Bobrowitz seconded. The motion carried; the minutes were approved as corrected. AIRPORT BOARD OF ADJUSTMENT PAGE 2 March 18, 2013 III. REGULAR AGENDA CASE AV 13-01 A request for a variance from Section 6400 (Airport Zoning Regulations) of the Zoning Ordinance to construct a new hangar that will extend 4 feet into the transition zone slope. 4515 Jacksboro Hwy. (Kickapoo Downtown Airport) Acting Chair Diehm proceeded to the case and stated this is a request for a variance from the Airport Zoning Regulations to construct a new hangar that will extend 4 feet into the transition slope zone. Acting Chair Diehm asked for a motion to approve the variance request. Mr. James made a motion to approve and Ms. Bobrowitz seconded. Acting Chair Diehm requested Ms. Coleman present the case. Ms. Coleman stated this is a request for a variance from Section 6400 (Airport Zoning Regulations) of the Zoning Ordinance, to construct a new hangar that will extend 4 feet into the transition zone slope. Ms. Coleman stated the applicant is seeking to lease property at Kickapoo Downtown Airport in order to construct an aircraft hangar that is 75 feet by 100 feet. Ms. Coleman stated the peak height of the proposed hangar is 25 feet 6 inches and informed the Board the hangar location is shown on the airport layout plan on page 19 in the booklet provided. Ms. Coleman stated the hangar will extend 4 feet into the transition zone slope and reiterated for the Board the transition zone slope is a building height limitation created by extending a 7 to 1 slope starting at the edge of the primary surface. Ms. Coleman reminded the Board the October 2012 airport variance case by a previous applicant requested and received a variance from the Airport Board of Adjustment to build a hangar that extended 7 feet into the transition slope zone. Ms. Coleman noted the current request before the Board is similar to the previous variance request except there is a difference in the location of the hangar and extent to which the hangar's peak will penetrate the ceiling of the height limitation zone. Ms. Coleman stated Section 6400 Airport Zoning Regulations allows the Board to grant a variance with an accompanying FAA determination under certain circumstances. In order to grant a variance, the Board must find a literal application of the regulation would result in practical difficulty or unnecessary hardship, the variance would not be contrary to the public interest and would be within the intent of the regulation. Ms. Coleman stated based on the conditions for the Board's consideration the applicant provided the following responses to the evaluation criteria for a variance request: 1. Criterion one requests the application to state how a literal application or enforcement of the regulation would result in practical difficulty or unnecessary hardship. Mr. Bohn responded: "If the regulation is enforced it will not be possible to use the lot as an aircraft AIRPORT BOARD OF ADJUSTMENT PAGE 3 March 18, 2013 hangar and therefore it cannot house the future flight school, which is planned to be in the building." 2. Criterion two requests the applicant state how the granting of a variance would result in substantial justice being done, not contrary to the public interest, and be in accordance with the spirit of the regulation. Mr. Bohn responded: "It will allow my company Cobra Kai Flight Academy to develop this land and house up to 8 aircraft from the community. It further will allow me to place a flight simulator in this building, which will attract business from outside of Wichita Falls. Additionally, Mr. Rik Lipscomb built his hangar 3 months ago, which is 3 feet higher on the same building line and was approved by this board." Ms. Coleman stated Mr. Bohn received a letter of determination as required from the Federal Aviation Administration (FAA) stating: • They do not approve or disapprove of the physical development requested and FAA determination is with respect to the safe and efficient use of navigable airspace by aircraft and with respect to the safety of persons and property on the ground. As such, the FAA has no objections to the proposed construction so long as the following criteria are met: • The applicant complies with the requirements set forth in the FAA Advisory Circular 150/5370-2E, "Operational Safety on Airports During Construction;" • A separate notice to the FAA is required for any construction equipment, such as temporary cranes whose working limits would exceed the height and lateral dimensions of a proposal. Ms. Coleman completed the staff presentation and stated based on the FAA's determination and the responses to the evaluation criteria staff feels since Section 6400 (Airport Zoning Regulations) of the Wichita Falls Zoning Ordinance was written to be consistent with FAA criteria and if the FAA finds no imminent threat with respect to the safe and efficient use of navigable airspace by aircraft and with respect to the safety of persons and property on the ground then a variance may be justified. Ms. Coleman stated staff recommends approval of the applicant's request of a variance from Section 6450 — Height Limitations of the Airport Zoning Regulations of Appendix B of the Wichita Falls Code of Ordinances, which will allow the requested hangar to penetrate the transition zone slope approximately 4 feet. Ms. Coleman also stated staff's approval is conditioned upon the applicant meeting the above mentioned FAA criteria and Section 6465 D — Permits, which requires obstruction marking and lighting. Public Comments: Acting Chair Diehm asked if the applicant or applicant's representatives would like to give a presentation on the case. AIRPORT BOARD OF ADJUSTMENT PAGE 4 March 18, 2013 Greg Johnson stated he was an associate of Mr. Bohn's. Mr. Johnson stated Mr. Bohn was out of the country but he was here to represent Mr. Bohn's interest. Mr. Johnson stated Ms. Coleman accurately covered all the details of their request and reiterated that their hangar request is on the same line as Mr. Lipscomb's hangar that was previously approved. Mr. Johnson stated he can answer any questions that the Board might have. Ms. Bobrowitz asked if Mr. Bohn's hangar was the same distance from the taxiway as the October variance request. Ms. Coleman stated the hanger is on the same line as the hanger request presented before the Board in October. Ms. Coleman also stated Mr. Bohn's hangar is 361 feet from the runway and provided an illustration of the hangar locations on the airport layout plan. Ms. Coleman also noted for the Board Mr. Bohn's proposed hangar location is 116 feet from an existing hangar. Ms. LeAnn Moran, Airport Administrator also used the airport layout plan to show the Airport Board of Adjustment the obstruction free area line and informed the board members Mr. Bohn's hangar does not cross the obstruction free line. Ms. Bobrowitz said these explanations clarified her question. Acting Chair Diehm asked if there were any public comments. There were no further public comments. Mr. Diehm stated there was a motion (by Mr. James) to approve (the variance) and the motion was seconded (by Ms. Bobrowitz). The motion was approved unanimously by all board members. IV. OTHER/NEW BUSINESS Mr. Diehm asked if there were any items under new business to discuss. Ms. Coleman stated there was no new business to discuss. V. ADJOURN The Airport Board of Adjustment meeting adjourned at 1:45 p.m. Gary Diehm, Acting Chairman ATTEST: Date Karen Gagne, Planning Administrator Date