Zoning Board of Adjustments Minutes - 09/21/19880
M I N U T E S
ZONING BOARD OF ADJUSTMENT
September 21, 1988
PRESENT
Richard Sutton, Chairman
William Kidd
Syd Litteken * Members
Bill Rowland
Burrell Lacey, Alternate #4
Roger McKinney, Director of Planning
Jeanie Thompson, Assistant City Attorney * City Staff
Paul Stillson, Planner II
Barbara Bridges, Recording Secretary
Ron Buffum * Councilor
ABSENT
David Gossom
Adrienne Barker, Alternate #1
Richard Sutherland, Alternate #2 * Members
Edna Boren, Alternate #3
CALL TO ORDER
The meeting was called to order at 1:40 p.m. by Chairman Sutton.
APPROVAL OF MINUTES
It was moved by Bill Rowland, seconded by Burrell Lacey, and car-
ried unanimously the July 20, 1988 Minutes be approved.
BUSINESS ITEMS
V-88-08. Variance request to reduce the required 30 feet setback
from a Single -Family Residential zone to 5 ft. (Section
4640) for Lt 12-B, Blk 42A, Sheppard Estates (3311 Kemp
Blvd.)
The Board was addressed by Scott Jones, Project Manager for Auto
Zone. Mr. Jones stated this request is made to allow for more
distance between parking lanes as a convenience to the customers.
Upon questioning by Chairman Sutton, Mr. Jones agreed the project
could meet all ordinance requirements without the reduced setback;
however, the extra backing distance would make it less hazardous.
The Board was also addressed by Tommy Hammond, general contractor.
He stated there is a hardship involved in this, because most cus-
tomers of an auto parts store come in pickup trucks. Therefore,
more backing distance is needed than the minimum required. He
also noted the lots on Kemp now being developed commercially were
former residential lots, most of them only 150' deep, and he asked
the Board to consider this factor.
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Syd Litteken asked if the building design could be changed to
acquire the extra 51. Mr. Hammond stated the building design is
the same nationally, and some of the building materials are pre-
cut and owner -furnished.
After further discussion, Mr. Lacey noted that convenience to the
general public does not constitute a hardship, and moved that the
Board not approve the request because it does not comply with the
ordinance. The motion was seconded by Syd Litteken, and carried
by unanimous vote (Sutton, Kidd, Rowland, Litteken, Lacey).
2. Add -on
- Chairman Sutton brought up the issue of requiring a waiting
period for reapplication. Assistant City Attorney Jeanie Thompson
noted the application just considered could have been resubmitted
even with a waiting period, because the request was changed (from
0' to 51). She also noted that even if a waiting period is estab-
lished, if an applicant really wants a rehearing, he will find
something to change about the request. It was also brought out
that if a waiting period is established, it will be a staff
responsibility to determine if a request may be resubmitted, per-
haps resulting in the Board hearing administrative appeals to
staff decisions.
After further discussion, Chairman Sutton asked Ms. Thompson to
prepare "some kind of a filter," for the Board to consider, with
the aim of discouraging exact reapplications. The Board could
then be able to decide more definitely if a waiting period is
desirable.
- Ms. Thompson advised a ruling has been made on the Padilla
case (carport in the front setback at 1606 Phoenix) that Mrs.
Padilla may again request a variance from the Zoning Board,
because the Minutes on her request did not include the vote by
name of Board member. However, the judge said that on the merits
of the case, the "decision was good." Mr. Kidd asked what would
happen if this lot is sold. Ms. Thompson advised "you could still
prosecute," because the violation "is unique to the property, not
the owner."
The meeting adjourned at 2:15 p.m.
Richard N. Sutton, Chairman Date
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