Zoning Board of Adjustments Minutes - 04/15/19877-1
M I N U T E S
ZONING BOARD OF ADJUSTMENT
April 15, 1987
PRESENT
Joan Mason, Chairman
Bill Rowland
Robert Seabury * Members
Richard Sutton
*
William Kidd, Alternate #1
Roger McKinney, Director of Planning
Subir Mukerjee, Development Coordinator
Jeanie Thompson, Assistant City Attorney * City Staff
Julie Black, Planner II
Barbara Bridges, Secretary
ABSENT
David Gossom, Vice Chairman
Syd Litteken, Alternate #2 * Members
Adrienne Barker, Alternate #3
Richard Sutherland, Alternate #4
CALL TO ORDER
Chairman Mason called the meeting to order at 1:35 p.m.
APPROVAL OF MINUTES
It was moved by Richard Sutton, seconded and carried with none
opposed that the March 18, 1987 Minutes be approved.
BUSINESS ITEM
1. A-87-02. Administrative appeal
to store and handle
repossessed merchandise (boats and cars)
for banks in an LC
zone at 1610 & 1612 Kell Blvd. (Lts 8&9A
Southland Add.)
The Board was addressed by Dickie Dixon, property owner and
applicant. Mr. Dixon claimed he should
be allowed to continue
storing and selling repossessed cars and boats on the basis of
a waiver of municipal enforcement
of deed restrictions
granted in 1982, which allowed him to
expand the business of
Weddings by Jackie. He stated this waiver did not restrict
him from buying additional property for
business expansion.
Board members discussed the fact that
the property used for
the storing and selling was not part of
the property owned at
the as
the time the waiver was granted. Also,
use of property
an activity not allowed in an LC zone
began two years after
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passage of the Zoning Ordinance. It was also brought out that
the ordinance granting the waiver specified "and to no other
tract of land".
After lengthy discussion it was moved by Richard Sutton that
the Board sustain the opinion of the staff that this could not
be grandfathered, based on the fact that Mr. Dixon did not own
the property concerned with the violation at the time the
waiver was granted; therefore, it could not be eligible to be
grandfathered. The motion was seconded but failed to pass by a
vote of 3 in favor and 2 opposed. After further discussion it
was moved by Bob Seabury that the Board overrule the staff
determination. This motion was seconded, but also failed to
carry by a vote of 3 in favor and 2 opposed.
Mr. Dixon was advised he may apply for a rezoning of his
property from LC to GC. The use desired by Mr. Dixon would
then be allowed under the Zoning Ordinance if the zoning
passed. However, Mr. Mukerjee advised him that similar
requests for rezoning along Kell have been denied.
2. A-87-03. Administrative appeal to operate a food store
on a 24 hour basis in an LC zone at 4510 Rhea Road
The Board was first addressed by Joe Jordan, store manager,
who stated a 24-hour operation was begun in February, not
knowing this was in violation. He requested these new hours be
grandfathered.
Two of the property owners involved in the notification pro-
cess, Garland Wickham and J. L. Dunson, also spoke to the
Board, expressing their objections that a 24-hour a day opera-
tion increases the existing problems of trash, noise, lights,
and commercial vehicles in a residential neighborhood. It was
brought out that total opposition to the request was 200.
Richard Sutton stated that only in order to have a motion to
vote opposed on, he moved that the interpretation of the Plan-
ning staff be overruled, and the store be allowed to operate
24 hours a day. The motion was seconded, but failed to carry
by a vote of none in favor and five opposed. Therefore, the
request was denied.
3. A-87-04. Administrative appeal to attach a cloth
awning in the front setback area, at 4221 Seymour Highway
The Board was addressed by Brown Hudson and by Maurice Hebert,
applicant and property owner. Mr. Hudson claimed this request
should be granted, for one reason, because gasoline pump
islands with a canopy may be erected in the setback area,
which are much more of a permanent structure than the fabric
awning desired here. He also claimed the administrative poli-
cies of the ordinance are inadequate. Mr. Hebert stated this
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Om awning is necessary to protect his customers and furniture be-
ing delivered from inclement weather. It would also protect
his furniture from sun fading, as the store windows face west,
and extend to the floor. He pointed out that although the awn-
ing would extend into the setback, there would actually be 85'
from the canopy to the edge of the street.
Discussion was made of the staff report, noting a setback var-
iance was granted from 25' to 15'; therefore, the store itself
is already in the required setback area. Mr. Mukerjee advised
the variance was granted due to an easement at the back of the
property.
Mr. Seabury stated that every builder has to contend with set-
backs, and this situation should have been considered before
the building was either constructed, or located elsewhere. He
then moved that the Board sustain the staff recommendation.
This motion died for lack of a second. It was then moved by
Bill Rowland that the owner be allowed to attach the awning.
This motion was seconded, but failed to carry by a vote a 2 in
favor and 3 opposed. Therefore, the request was denied.
4. A-87-05. Administrative appeal to allow utility hook-
u s to a mobile home at 2304 (rear) Fillmore Street
Ao
The Board was addressed by Jimmy Horany, attorney. He stated
hookups should be allowed to the trailer, because it should be
considered grandfathered. He showed the Board a copy of the
title to the trailer, which he claimed was proof the trailer
was moved to the Fillmore address in June, 1983.
Am Two of the property owners involved in the notification pro-
cess, Robert David and Bill McGraw, also addressed the Board.
They both testified that the trailer was not moved in until
1986, and Mr. Adams hooked up electricity through his garage.
During discussion of this request, Chairman Mason noted that
response was 450 opposed. It was moved by Richard Sutton,
again for the purpose of having a motion to vote against, that
Mr. Adams be allowed utility hookups to the mobile home, and
that the decision of the staff be overruled. This motion was
seconded by Bill Rowland, but failed to carry by a vote of
none in favor, and a unanimous vote opposed. Therefore, the
request was denied.
The meeting adjourned at 3:15 p.m.
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