Zoning Board of Adjustments Minutes - 12/18/1985Im
PRESENT
M I N U T E S
ZONING BOARD OF ADJUSTMENT
December 18, 1985
Bob Balch, Chairman X
Imma Jeanne AlexanderAA X
Bill Rowland X Members
Richard Sutton, Alternate #1 X
William Kidd, Alternate #3 X
1116 Syd Litteken, Alternate #4 �
Roger McKinney, Director of Planning X
AN Jeanie Thompson, Assistant City Attorney X City Staff
Subir Mukerjee, Development Coordinator
Barbara Bridges, Secretary X
ABSENT
Joan Mason X
Robert Seabury X Members
David Gossom, Alternate #2 X
CALL TO ORDER
Chairman Balch called the meeting to order at 1:35 p.m.
APPROVAL OF MINUTES
It was moved by Mrs. Alexander, seconded by Syd Litteken, and carried with none
opposed that the November 20 and November 26, 1985 Minutes be approved.
BUSINESS ITEMS - PUBLIC HEARING ON VARIANCES AND ADMINISTRATIVE APPEALS
I. V-85-32. Request to replat a lot in a general commercial zone 20.5' wide
(Section 3490(2)) at 1207 28th Street (Lots 1B & 3B, Blk 7, Holliday
Gardens
Mr. Mukerjee explained the applicant is proposing to replat two existing lots
into three lots with plans to develop the entire block into individually owned
offices utilizing the existing slabs. These actions would create a middle lot
with only 312' width abutting the front street and 202' along the rear property
line. The staff recommends denial of the variance for the following reasons:
The special condition cited by the applicant is that in order to utilize the
existing foundations while allowing individual ownership of the proposed
offices, a lot with less than the minimum width is necessary. However,
inconvenience, economic disadvantage and circumstances created by the present
or previous owners do not constitute hardships. The owner himself has
created this platting situation through replats over the past two years.
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The proposed office buildings would not leave room for required parking
Cspaces without shared parking or access easements with adjacent properties
which would not be in the public interest.
- The applicant should not be allowed to subdivide the lots in this manner,
claiming a hardship, when the hardship was created by the applicant.
There was no representative at the meeting to address the Board on this
business item. Mr. McKinney advised the applicant, Mr. T.C. Foley, had stated
he would be out of town on the meeting date.
During discussion by Board members, Dr. Sutton stated the application does not
fulfill any of the criteria for granting a variance, and there is nothing
peculiar to the property that prevents the use of it. It was moved by Mrs.
Alexander that this request for variance be denied based on the fact that no
hardship exists. This motion was seconded by Bill Rowland and carried with
none opposed. Board members voting on the motion were Balch, Rowland, Sutton,
Alexander, and Kidd.
2. A-85-02. Appeal from an administrative decision classifying a sign manufacturer
as a heavy commercial establishment (Sec 7400) at 2504 Holliday Road
(Lot 3, Blk 30, F.M. Nott Subdivision)
Mr. Mukerjee advised the applicant, Bell Sign Co., is in the process of moving
the business, and the Pla;,ning Department has made a determination that their
business is heavy commercial in nature, being light fabrication, and therefore
would not conform in the general commercial zone on Holliday Road. The
determination that the business is light fabrication is based on the criteria
that raw materials will be used in an assembly process to produce the end
product of a finished sign.
Kenneth and Johnny Bell were at the meeting, and described the types of sign
work done at their present location on Jasper Street, which includes sign
painting, engraving, limited silk screening, and painting signs on business
vehicles. They also provided a portfolio to the Commission illustrating the
types of signs produced by their company.
Discussion was made of the fact that the applicants purchased the Holliday
property prior to the adoption of the Zoning Ordinance with the intention of
moving the business, and have been using it for a warehouse and limited overflow
work. Mr. Bell stated the business was not moved sooner, for one reason,
because the advertisement in the phone book yellow pages still listed the
Jasper address, and it was felt that moving before the next phone book was
printed might result in a loss of customers.
Discussion was also made of the nature of activity planned for the new
location. Attention was drawn to the business operation described by the
applicant on Question No. 3 of the Administrative Appeal Application. Mr.
Rowland stated his opinion this activity might be less objectionable than
that of automotive sales and services or trade schools, which are permitted
uses in a GC zone.
Mrs. Alexander asked if the Board ruled this business was suitable for a GC
zone, what could prevent the business from expanding into an operation which
should be located in an HC pone. Mr. Mukerjee stated he believes control
could be established if the decision was based on the factor that changing
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the business would constitute a violation. He noted a zoning ordinance
(� cannot provide for every situation and circumstance, which is one reason
for the creation of the Zoning Board. Concerning this matter, Mr. Bell
stated the building and the lot are too small to allow for expanding the
business.
After further discusgion it was moved by Dr. Sutton that the Board approve
the appeal based upon their opinion that the description of the business is
better suited to a GC district, and that granting of the appeal is contingent
upon the business remaining as described by the applicant in paragraph 3 of
the Administrative Appeal Application (attached). This motion was seconded
by Mrs. Alexander and carried with none opposed. Members voting on this motion
were again Balch, Rowland, Sutton, Alexander and Kidd.
3. Add -on item
It was decided to change the time of the Board meetings to 1:30 p.m.
The meeting adjourned at 2:35 p.m.
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Bob Balch, hairman '
Item No. MINS
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