Zoning Board of Adjustments Minutes - 06/23/1988am
M I N U T E S
ZONING BOARD OF ADJUSTMENT
June 23, 1988
PRESENT
Richard Sutton, Chairman
*
David Gossom, Vice Chairman
William Kidd
*
Members
Syd Litteken
Adrienne Barker, Alternate #1
Burrell Lacey, Alternate #4
Roger McKinney, Director of Planning
Mukerjee, Development Coordinator
*
City Staff
Subir
Julie Black, Planner II
*
Barbara Bridges, Secretary
ABSENT
*
Bill Rowland
Richard Sutherland, Alternate #2
*
Members
Edna Boren, Alternate #3
*
Councilor
Ron Buffum
CALL TO ORDER
The meeting was called to order at 1:35
p.m. by
Chairman Sutton.
APPROVAL OF MINUTES
It was moved by Adrienne Barie8r,1seconded
988 tes bedapprovedn, and
carried unanimously the May
BUSINESS ITEMS
1. Add -on
Chairman Sutton reported the City Council h ad discuswas
the
fence issue at their last meeting.
made of the option to allow a 500 open - 4' high fence. However,
the Council decided none of the options presented would satisfy
the existing problems, and directed the City Attorney to prepare
a more appropriate definition of a fence. Therefore, the ordi-
nance remains unchanged at this point, and all fence violations
' are held in abeyance.
2. V-88-08. Variance rea,uest to reduce the re uired 30' setback
from a single -Family Residential zone to 20' (Sec.
4640) for Lot 12-B Blk 42A She and Estates (3311
Kemp Blvd.)
j
91
MW
The Board was addressed by Frank Gardner, Director of Real Estate
Construction for Auto Zone, Inc. Mr. Gardner presented pictures
of the trash and debris, rusted canisters, overgrown grass and
ainers that presently exist in
weeds, and .overflowing trash contHe
the setback area from the alley between Sherwood and Kemp.
stated a 10' rear setback from the property line for the Auto
Zone would only increase the possibility for this unsightly situ-
ation. Also, a reduced setback would allow a wider and therefore
safer entrance aisle. Mr. Gardner also referred to the staff
report which noted McDonald's has a 50' rear setback. He stated
that setback is necessary for their drive -through service, and is
therefore not relevant to the Auto Zone request.
Mi
The Board was then addressed by Max Kintner, 3314 Sherwood. He
reported all the property owners notified on Sherwood
"can'tewait
for the building to be built, as this would help
alleviathe
problems of trash, beer bottles, and even drug needles that accu-
mulate on this property. However, he asked where the dumpster
would be located, because he thought his gas meter might be hit
by the garbage trucks.
Mr. Mukerjee advised the Sanitation Department would work with
Am the property owners concerning the location of the dumpsters;
however, one purpose of the alley is to provide for garbage col-
lection. Mr. Gardner advised the Auto Zone would have no alley
access, and had provided for on -site garbage collection on their
site plan.
During discussion by the Board, Chairman Sutton noted the resi-
dences involved do not have large backyards, and the Board has
"been conscientious to defend private residences." His opinion is
the accumulation of trash is not a hardship situation on which to
base a variance, and denial of the request would not prevent the
applicant from keeping the setback area clean. Mr. Mukerjee
advised one phone call of objection
to the variance was received,
from the property own
After further discussion it was moved by Adrienne Barker that the
Board deny the request on the basis that "there is no hardship
that meets our Code." The motion was seconded by K dd Burrell
Lacey
and carried unanimously by vote of Sutton,
Barker, and Lacey. Mr. Gossom declined from voting because he
was not present at the beginning of this business item.
3. pro osed administrative Procedures for the Zonin Board of
' Adjustment
Prior to the meeting,
Board members were again provided copies of
a survey made by the Planning Department on selectediTexod as cities
es
regarding finding of fact, reapplication waiting p
of order. It was decided that action on this business item would
be postponed, since some of the members present at the last meet
ing when this was considered were not at this meeting.
Some ds-
cussion was made on the legal advisability of requiring a finding
of fact.
Item No. /1 _
Page No.
92
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3. Add -on
Chairman Sutton asked the Planning staff to contact Board members
to see if there would be any objection to changing the regular
meetings to the fourth Thursday of the month beginning in August and also to check on the availability of the Council Chambers if
the meetings are changed.
The meeting adjourned at 2:10
p.m.
Richard N. Sutton, Chairman Date
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Item No. /1I
Page No. ._?
93