Zoning Board of Adjustments Minutes - 09/19/19851
M I N U T E S
ZONING BOARD OF ADJUSTMENT
September 19, 1985
PRESENT
Bob Balch, Chairman
Joan•Mason, Vice Chairman Members
Imma Jeanne Alexander
Bill Rowland
Roger McKinney, Director of Planning
Subir Mukerjee, Development Coordinator City Staff
Bernice Prchal, Planner II
Barbara Bridges, Secretary
ABSENT
Robert Seabury
CALL TO ORDER
I Member
10 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 with none
opposed that the August 21, 1985 Minutes be approved.
BUSINESS ITEMS - PUBLIC HEARING ON VARIANCES
1. V-85-24. J S Bridwell Subd , Lot 9-A, Blk 250 (1111 Holliday Street)
Request to exceed the sign size limitations in the 10' setback area
(Sec. 6741(5))
The Board was addressed by Mr. Munir Lalani, the applicant. He advised the
desired height of this sign for Whataburger is 80' in order to be seen by
traffic on both Holliday and Broad. He claimed this height would be necessary
because of the church on the next lot blocking the view. With the 25' setback
requirements, the sign would be placed in the middle of the parking lot and
would be a traffic hazard. Therefore his request for variance would allow
placing the sign:
- Option 1: Within 10' of the property lines abutting Holliday & 12th Streets.
- Option 2: Set back 25' from Holliday and 10' from 12th Street.
40
Mr. Lalani stated the sign company was not advised of the required setback
until after the sign was ordered. Mrs. Prchal of the Planning Department
advised the sign company was advised of all conditions including setbacks on
the initial contact with the Department, and called back a couple of days
later stating the property owner wished to request a variance.
Item No.
Page No. �_
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Mr. Mukerjee noted the traffic hazard mentioned by Mr. Lalani would be of
his own making, because the ordinance does not require the sign to be placed
in the middle of the parking lot. Only with an 80' high sign would the setback
be 25'.' Board members were provided copies of a diagram showing the maximum
height, size and setback criteria for signs as required by the Zoning Ordinance.
Mr. Mukerjee advised the staff recommends disapproval of the request, as
there are no special conditions which would create a hardship, the public
welfare would not be served, and a variance would be in opposition with the
intent of the Zoning Ordinance.
i
After lengthy discussion, i�t was moved by Joan Mason that the request be
denied as no special conditions exist, because financial hardship and
maximizing advertising exposure are not special conditions. This motion was
seconded by Mrs. Alexander and carried with the unanimous vote of the quorum
present.
2. V-85-25. Midwestern Park, Lot 30, Blk 2, Unit 2 (2422 Marika Circle)
- Request to place windows on the zero lot line of a single family residence
(Section 5240 (D) )
Chairman Balch noted Mr. Rowland has a conflict of interest on this. business
item and would abstain from voting. This would leave only 3 members to vote,
and no action could be taken; therefore, the business item would be tabled.
Staff and Board members noted the City Council should appoint alternate
members to provide for this type of situation.
Mr. Branch McNeely, the applicant, was present, and stated he would not request
a special meeting to be held to consider his variance. After the meeting
adjourned, he withdrew his application.
The meeting adjourned at 3:00 p.m.
C
Bob Balch, Chairman
IM
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Item No.
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