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Zoning Board of Adjustments Minutes - 07/29/1985rl M I N U T E S ZONING BOARD OF ADJUSTMENT July 29, 1985 PRESENT Bob Balch, Chairman Imma Jeanne Alexander Joan Mason Members Bill Rowland Robert Seabury Jeanie Thompson, Assistant City Attorney X Subir Mukerjee, Development Coordinator X City Staff Bernice Prchal, Planner II Barbara Bridges, Secretary CALL TO ORDER Chairman Balch called the meeting to order at 2:05 p.m. APPROVAL OF MINUTES It was moved by Mrs. Alexander, seconded by Joan Mason, and carried unanimously that the June 19, 1985 Minutes be approved with one correction on page 3, changing the spelling of the representative of the Southland Homeowner's Association who addressed the Board to Henschel. BUSINESS ITEMS - PUBLIC HEARING On all of the following items, Chairman Balch called for anyone in the audience who wished to address the Board. 1. Case No. V-85-11. Fountain Park, Sec 6D, Lot 2, Blk 57 (3811 Fairway Blvd.) - Request to waive screening adjacent to SF2 zone (Sec. 4620) Board members reviewed copies of the variance application submitted by First National Bank of Wichita Falls. This variance would postpone the construction of the fence for screening requirements until the rear two-thirds of the site, is developed, since only the front third of the side is being developed at this time. Mr. Mukerjee advised the staff recommended approval of the request since the variance would not be detrimental to the public welfare, and the property it is effectively screened due to heavy mesquite growth. After disgorstheusion�current was moved by Mrs. Alexander that the variance be approved, only development; at such time the mesquite is removed or additional development is commenced, a 6 foot privacy fence will be required. This motion was seconded by Robert Seabury, and carried with none opposed and 1 abstention by Mr. Rowland. 2. Case No V-85-12 Original Townsite, Lot 3, Blk 130 (404 Lee St.) - Request to build a carport in front setback area (Sec. 4220) Board members reviewed the variance application submitted by Isaac Gardner. Mr. Mukerjee advised the property is located in a general L:±ark" with outdoor storage existing two lots north of it, so th Pagehk i�d U has been disrupted. Also, the property has 6' trees and shrubs along the north and part of the east property lines which would screen the carport. The intent of the provision to prohibit construction in the front setback area has been violated, and approval of the variance would not be detrimental to the health or safety of the public. For these reasons, the staff recommended approval. After discussion, it was moved by Bill Rowland, seconded by Mrs. Alexander, and carried unanimously that the request be approved for the reasons as outlined by Mr. Mukerjee. 3. Case No. V-85-13. Southland Addition, Lot 10, Blk 18 (2016 Lucile Ave.) - Request to build a fence in front setback area (Sec. 4220(B)) Board members reviewed the variance application submitted by Mr. & Mrs. Daniel which outlined the problem of pedestrian, bike and motorcycle traffic across his corner lot, and the resulting litter and delinquency problems. Mr. Daniel was present, and advised he is not interested in planting hedges instead of putting in a fence because that is "just a mess to take care of." Mr. Mukerjee provided additional information on this request, and the reasons for the staff recommendation for denial. After discussion, it was moved by Joan Mason that the request be denied because it would not conform to the Zoning Ordinance as far as the fencing requirement, and because of the visual impact it would create. This motion was seconded by Mrs. Alexander and carried unanimously. 4. Case No. V-85-14. Highland Addition, Lot 12A (2407 Kemp Blvd.) - Request to waive screening adjacent to SF-2 zone (Sec. 4620) Board members reviewed the variance application submitted by Bobby Beck of Studio Brazos Gallery. Mr. Beck was also present and advised this property was developed in 1983, leaving room at the rear for employee parking, and the privacy fence would eliminate these needed spaces. Mr. Mukerjee presented information on the request, noting if the fence is required, this will be a 50' stretch in the middle of 350' of alley not fenced, and alley access is available to other businesses on this block. After discussion it was moved by Bill Rowland that the request be approved because of the special condition that exists that the entire surrounding area is developed without screening, and the existing alley access. This motion was seconded by Joan Mason and carried with 4 in favor and 1 opposed by Mr. Seabury, who stated earlier that if screening is desirable, it should be desirable city-wide. 5. Case No. V-85-15. University Park, Sec B, Lot 8, Blk 6 (4207 Randel St.) - Request to build a carport in front setback area (Sec. 4220) Board members reviewed the variance application submitted by E.J. Krebs of Krebs Construction Co. Mr. Krebs and the property owner, Jerry Elam, both addressed the Board. They maintained the signature procedure for approval of a carport was begun prior to the Zoning Ordinance being in effect, and they were not made aware there was a time limit. Mr. Krebs said he was aware of the Zoning Ordinance being passed, but did not know .it would affect this situation. Mr. Mukerjee stated it was the policy for the staff to advise ff No.No. � 17 -7- all applicants of how the Zoning Ordinance applied to those permits or pro- cedures begun close to the date of the Zoning Ordinance being effective. Board members discussed with Mr. Elam the possibility of constructing the carport in the rear. Mr. Elam advised he is building on a den in the rear, and the slab has already been poured. Building a carport in the rear would "be close". Chairman Balch called on Jeanie Thompson, Assistant City Attorney, to provide legal opinion on this issue. Ms. Thompson advised the courts have held that situations arising like this are not a "special condition constituting hard- ship." After lengthy discussion it was moved by Mrs. Alexander that this business item be tabled until the next meeting to give both sides ample opportunity to prepare. This motion was seconded by Joan Mason and carried unanimously. Chairman Balch asked Mr. Mukerjee to consult with the Building Inspection Department so they will advise the Board on what information was given to the applicants. 6. Case No. V-85-16. Cherokee County School Land, 18 78 acres out of Blk 9, Kemp & Newby Subdivision - Request to waive screening adjacent to SF-2 zone (Sec. 4620) Board members reviewed the variance application submitted by Haven Mankin, architect for Windthorst Development Group, developer of the property. Mr. Mankin and Mr. Sammy Cruse addressed the Board. They stated Windthorst Road will be "more a front yard than a side yard" and visibility from the freeway is extremely important. Mr. Mukerjee advised the staff recommends approval of the request since there will be a separation of 90' of right-of-way between the mall and the resi- dences, which only side onto Windthorst Road. Therefore, the distance alone would provide sufficient buffering. In fact, there is a proposed amendment to the Zoning Ordinance to be presented to the City Council which would "allow for this kind of situation." After discussion it was moved by Joan Mason that the Board approve the variance (due to the distance providing for buffering). This motion was seconded by Bill Rowland, and carried unanimously. 7. Case No. V-85-17. Fountain Park, Lot 7-A, Blk 15 (3101 McNeil Ave.) - Request to exceed sign size in SF-2 zone (Sec. 6740) This variance application was submitted by Larry Sweatt, builder, and repre- sentative of First Assembly of God church. Mr. Mukerjee explained the recom- mentation of the staff for approval of the request due to the special conditions that exist: - Due to the shape of the lot, the sign will be located along McNeil, a major collector street, and will have minimal impact on the adjacent residences because of the distance between them. - Lot boundaries on three sides are zones other than single family, and the neighborhood street will not have a sign. Item No. Page No. 3 no After discussion it was moved by Mrs. Alexander the request be approved due to the special conditions which exist. This motion was seconded by Robert Seabury and carried unanimously. 8. Appointment Chairman Balch announced Joan Mason has accepted the appointment of Vice Chairman. The meeting adjourned at 3:20 p.m. Bob Balch, Chairman r r� c� Item No. IN Page No.___