Zoning Board of Adjustments Minutes - 01/18/1989Eli
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M_ I N_ U T E S
ZONING BOARD OF ADJUSTMENT
January 18, 1989
�w PRESENT
Richard Sutton, Chairman
William Kidd
*
Members
Richard Sutherland
Burrell Lacey, Alternate #2
Carl Wilson, Alternate #3
*
Ron Buffum
*
Councilor
Roger McKinney, Director of Planning
Jeanie Thompson, Assistant City Attorney
*
City Staff
Paul Stillson, Planner II
Barbara Bridges, Recording Secretary
ABSENT
Syd Litteken
*
*
Members
Bill Rowland
Edna Boren, Alternate #1
(Harold Arnett, Alternate #4, was present,
but
did not act as a
Board member at this meeting.)
CALL TO ORDER
The meeting was called to order by Chairman Sutton at 1:40 p.m.
APPROVAL OF MINUTES
It was moved by Richard Sutherland, seconded by Burrell Lacey, and
passed unanimously that the December 21, 1988 Minutes be approved.
BUSINESS ITEMS
1. V-89-01. Variance request to reduce the setback for a sign from
10 feet to 5 feet at 901 8th Street
There was no representative for this business item at the meeting.
A It was moved by Richard Sutherland that the request be tabled
until the applicant can appear. The motion was seconded by Carl
Wilson but failed by a vote of 3 in favor by Sutherland, Sutton
As and Wilson, and 2 opposed by Kidd and Lacey.
Various questions were raised concerning the proposed sign and the
previous sign which was removed in December. Richard Sutherland
0 asked if the staff had any objections to the request. Mr. McKinney
noted that this property is in the Central Business District zone,
and therefore a building could be constructed in the same location
as the proposed sign without requiring a variance. Also, the three
other corners of the intersection have been developed on the prop-
erty line, with no visual corridor. Therefore, it is the staff
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opinion that requiring the 10' setback in this instance would not
accomplish the intent of the ordinance.
Chairman Sutton referred to the application, and stated that
"disturbing their landscaping plans cannot be characterized as a
hardship." William Kidd stated the fact that a building could be
constructed without a variance "says a lot."
After further discussion it was moved by Burrell Lacey that the
request be tabled so that the applicant can "clarify what they
want" and answer the questions raised by the Board. The motion was
seconded by Richard Sutherland and carried by unanimous vote of
Sutton, Wilson, Lacey, Kidd and Sutherland.
V-88-11. Variance request to
from a Single -Family
Kemp Blvd (Lot 1-A,
Wichita Falls, Texas
reduce the
red 30 feet setback
Residential zone to 1
Blk 81
Faith Villaqe,
eet for 4218
Unit 3
The Board was addressed by Joe Fogerty, General Contractor for
Discount Tire stores. Mr. Fogerty displayed photographs of other
Discount Tire stores, noting they maintain a very clean operation,
with all the work conducted inside the building. He stated that
considerations for the request include:
- Any different layout would not be reasonable, considering
the size and shape of the lot, the parking requirements, the traf-
fic flow, and the required setbacks.
- Experience has shown that a smaller building (less than
6,000 sq. ft.) results in work being conducted outside the build-
ing, which is not a safe practice, and is not the quality of
service desired.
- Although the property adjacent to the reduced side setback
is zoned single-family, the use is as a business, and has been for
quite some time.
The Board was then addressed by Merlin Burlison, 2804 Elliot. He
objected to the reduced setback, noting there is no street or
alley separation between the zones here. He stated his observation
that other tire stores create noise, debris, and piles of used
tires, and he would not want this type of operation closer to his
property than allowed by ordinance. He asked the Board to support
these measures which protect single-family zones, rather than
grant variances to businesses next to residential zones.
During discussion by the Board it was brought out that a reduced
setback would not alter the fencing requirement between the two
zones, or any landscaping requirement.
It was moved by Richard Sutherland that the variance be granted on
the basis of the criteria set forth in Section 7340 of the Zoning
Ordinance, in that:
- Granting the variance would not be contrary to the public
interest. Although Mr. Burlison's property is zoned sing
le-family,
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- Special conditions exist in that the building needs to be
6,000 sq. ft, and altering the design of the building would create
problems in parking requirements and make it impossible to utilize
the lot.
Chairman Sutton stated this motion would mean that the Board found
that some special conditions exist other than financial hardship,
while literal interpretation of the ordinance would create undue
hardship.
The motion was seconded by Carl Wilson and carried unanimously by
vote of Sutherland, Kidd, Lacey, Sutton and Wilson.
3. Appointment of Vice Chairman
Chairman Sutton appointed William Kidd as Vice Chairman.
The meeting adjourned at 2:40 p.m.
Richard N. Sutton, Chairman
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