Zoning Board of Adjustments Minutes - 09/17/1986M
#0 M I N U T E S
ZONING BOARD OF ADJUSTMENT
September 17, 1986
PRESENT
Bob Balch, Chairman
Wo Bill Rowland
Richard Sutton * Members
Syd Litteken, Alternate #3
Adrienne Barker, Alternate #4
Roger McKinney, Director of Planning
Subir Mukerjee, Development Coordinator
Jeanie Thompson, Assistant City Attorney * City Staff
Paul Stillson, Planner II
Barbara Bridges, Secretary
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ABSENT
Joan Mason
Robert Seabury
David Gossom, Alternate #1
William Kidd, Alternate #2
*
*
* Members
*
CALL TO ORDER
Chairman Balch called the meeting to order at 1:40 p.m.
APPROVAL OF MINUTES
It was moved by Adrienne Barker, seconded by Syd Litteken,
and passed unanimously that the August 27, 1986 Minutes be
approved.
BUSINESS ITEMS
1. V-86-20. Request for variance from Section 4640 additional
setback requirements for a church expansion at 4030 Old
Jacksboro Hwy.
Mr. Mukerjee advised Trinity Baptist Church wants to expand
their existing building 64' west, continuing along the same
rear 22.3' setback. This extension would result in about 24'
of the building being adjacent to an SF2 boundary at 7.7' less
than the required 30' setback. The major portion of the church
building abuts a commercially zoned lot to the north. Mr.
Mukerjee stated the staff feels a special condition of the
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property is a result of a jagged zoning boundary line which
results in most of the property abutting a commercial lot,
while a small amount of the property abuts an SF-2 zone.
During the discussion, it was brought out the adjacent prop-
erty owners were not notified; however, the notification
process will be in effect on variances to be considered at the
next meeting. After further discussion it was moved by Bill
Rowland that the variance be approved, due to the special
condition of the zoning district boundaries. This motion was
seconded by Adrienne Barker, and carried unanimously.
2. V-86-21. Request for variance from Sec. 3843, para 10 & 12
to allow paving and parking in the setback area of Elizabeth
Ave. for 1700 Elizabeth/1208 Brook Ave.
Mr. Mukerjee described the proposed development for this
property which will expand the existing medical office build-
ing by half a lot, and include improvements of over 500 of the
valuation. Therefore, all requirements of the Zoning Ordi-
nance pertaining to the Brook Avenue district must be met,
including the prohibiting of parking or paving in the 25'
setback area. To meet this provision, the developer must
remove a 580 sq. ft. paved area next to the side street,
Elizabeth Ave. The requested variance would allow the paving
to remain.
Dr. Daniel Bolin, the applicant, addressed the Commission
concerning his request. He stated this paved area would not
be used for parking, as there is sufficient parking space, but
would only be used for the unloading of handicapped, injured,
or otherwise non -ambulatory patients, often in an emergency
situation. In support of his need for the area, he read an
excerpt from State statutes concerning specifications for
wheelchair patients stating they should not cross behind
parked cars. Andy Lee also spoke in support of the variance
request. He cited the General Plan and the Land Use Plan,
maintaining they are evidence that the variance should be
granted. Don Daugherity and Phil Haubert, architects for the
project, were also present to answer any questions from the
Board.
Lengthy discussion was made of the fact that this paved area
existed prior to the Zoning Ordinance and was allowed to
remain as long as the property was not altered substantially.
Therefore, some Board members stated they felt the paving
might be considered as nonconforming, and also not qualified
to be considered for a variance. They questioned if this
business item should be brought to the Board as an Adminis-
trative Appeal. However, Jeanie Thompson, Assistant City
Attorney, advised that as a request for variance, it was
properly before the Board. Mr. Haubert stated the only
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go difference would be checking the other box on the form, and he
and Dr. Bolin both requested the Board to decide on the
request at the meeting.
It was noted this is the first case where compliance with the
ordinance would require the removal of something, rather than
the provision of it. It is also the first variance requested
in the Brook Avenue district, and all the requirements for
this zone were determined from "a very hard fought battle".
Chairman Balch also noted if this variance is granted, any
future applicant in the Brook Avenue district is "going to be
entitled to cite the variance."
After further lengthy discussion, it was moved by Bill Rowland
and seconded by Adrienne Barker, that the variance be granted
based on the unnecessary hardship aspect to the handicapped
and wheelchair patients. The motion failed to carry by vote
of 1 in favor by Mr. Rowland, and 4 opposed by Balch, Sutton,
Litteken and Barker.
3. V-86-18. Request for variance from Sec. 3140, Subsection 6,
to allow construction of a garage with a 1 foot setback from
the interior side property line, at 1106 Polk (Lot 4, Blk 37,
Floral Heights Addn.)
The Board was addressed by Will Fletcher, contractor. Mr.
Fletcher advised the variance would allow the garage to be
rebuilt on the same location for convenience and security
reasons, and also to align with the existing driveway. Board
members noted there is sufficient room to reconstruct the
garage with the required 5' setback. After discussion, it was
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moved by Dr. Sutton that the variance be denied based on the
absence of hardship. The motion was seconded by Syd Litteken
and carried with none opposed.
The meeting adjourned at 3:35 p.m.
L/
a Bob Balch, Chairman
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