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Zoning Board of Adjustments Minutes - 10/18/1989El El M F1 E 0 1 � 1 1 r, iJ i S ZONING BOARD OF ADJUSTMENT October 18, 1989 PRESENT Richard Sutton William Kidd Syd Litteken Richard Sutherland Burrell Lacey, Alternate #2 Carl Wilson, Alternate #3 Ron Buffum Roger McKinney, Director of Planning Jeanie Thompson, Assistant City Attorney Subir Mukerjee, Development Coordinator Barbara Bridges, Recording Secretary ABSENT Bill Rowland Edna Boren, Alternate #1 Harold Arnett, Alternate #4 * * * Members * * * * Councilor * * * * * * * City Staff Members CALL TO ORDER The meeting was called to order at 1:35 p.m. by Chairman Sutton. APPROVAL OF MINUTES It was moved by William Kidd, seconded by Burrell Lacey and passed unanimously that the August 16, 1989 Minutes be approved. BUSINESS ITEMS 1. V-89-09. Request to waive the fence requirement for 1702 Kell Blvd along the west 50 ft. of the property, where it abuts an SF-2 zone Mr. Mukerjee noted this business item will be postponed until the next meeting on November 15, 1989, as the applicant's attorney could not attend this meeting. . 2. V-89-10. Request to reduce the front setback for 1110 10t_h St. along Burnett Street from 25 ft. to 0 ft. The Board was addressed by Curtis Smith, representing First Baptist Church, the applicant. He explained this variance will allow for enough land to construct a church building large enough for the Korean congregation, and also to satisfy the parking requirements. He noted the previous structure on this lot was built to the property line, and the buildings on both sides of this lot are constructed at the property line also. Mr. Mukerjee advised that due to the circumstances cited by Mr. Smith, and also to the fact Item No. 125 Page No. 3E that lOt: anc Burnett tctn have unusually wice rights -of -way, the public welfare would not be adversely affected by granting this variance. The Board was also addressed by J.C. Boyd, representing the Executive Committee of Midtown Now, Inc., which he advised had unanimously endorsed the project as requested. During the discussion, it was brought out that if the building was turned to meet the setback on Burnett, a setback variance would be needed on loth Street. Parking requirements will be met on the lot, and additional parking is available on the adjacent parking lot. After further discussion, it was moved by Syd Litteken that the request be approved based on the circumstances that: - Adjacent properties are constructed on the property line. - The lot is shallow. - Sufficient space is needed to meet the required parking. The motion was seconded by Burrell Lacey, and carried unanimously by vote of Kidd, Sutton, Wilson, Lacey and Litteken. 3. V-89-11. Request to reduce the driveway corner clearance at 360 Jacksboro Hwy from 25 ft. to 20 ft. The Board was addressed by J.N. Scott, applicant. Mr. Scott stated that widening the entrance to this property is necessary, as cars coming south on Jacksboro Highway, turning onto 36th Street, must either stop and back out into 36th, or else jump the curb to enter the lot. Walter Chain, a property owner within 200' of the lot, and Mr. Buffington, a former employee of the previous business located there, addressed the Board, agreeing with Mr. Scott on the situation, and endorsing his request. Mr. Scott also presented a letter from the owners of Gilmore's body shop, 3511 Jacksboro Hwy, stating no objection to the request. Chairman Sutton stated his concern for vehicles travelling north on Jacksboro Highway, turning on 36th to enter the lot. Mr. Scott assured the Chairman that "nobody ever tries that." Chairman Sutton also referred to the memo provided to the Board from the Traffic Department, which cited the traffic violations which would result from widening the driveway. Mr. Scott disagreed, stating that having the drive wide enough would reduce the problem rather than increase it. During the discussion it was brought out that the corner clearance for this property was reduced when Jacksboro Highway was widened. Mr. Scott stated this reduced the clearance 15'. Mr. Mukerjee stated that the problem here was not created by the widening of the highway, but from having "too big a building on too little a lot." Mr. McKinney noted the building permit was issued after the tornado for a 30' x 100' building, which was constructed 50' x 100'. rM ME nm Em M Item No. Page No. z 126 M 1 WdS also d'� - ^t a:. ac-i=Cc: _ _O L'eL•1C.-sI __- street parking is no longer available z.o Mr. Scott, as it has een sold by the City. The staff was asked about the possibility of granting a curb -cut along old Jacksboro Highway. Mr. Mukerjee stated that granting such a curb cut would further reduce the parking space, since it would "take away from what little parking he has in -front of the building now. Mr. Mukerjee also provided Board members with a turning radius diagram which illustrated that even with a widened access, there still would not be enough room to make the turn. After discussion it was moved by Richard Sutherland that the variance be granted based on the fact that there are unique circum- stances to the property with the widening of Jacksboro Highway, and the loss of the property used for parking. Considering these factors, if the variance is not granted, the Board would be effec- tively legislating the amount of business. The motion was seconded by Syd Litteken, and carried unanimously by vote of Litteken, Lacey, Sutton, Kidd and Sutherland. 4. V-89-12. Request for variance to allow a church to have a height of 57 ft in an MFR zone, and also waive the fencing y requirement at 3700 Barnett Road The Board was addressed by John Scott, Jr., one of the notified property owners within 200'. He stated that his opinion opposed or in favor of the request would be dependent on the effect on the property value. Chairman Sutton noted that if the applicant were present, Mr. Scott could address questions to him which might help determine the effect on the property value, and Board members would also have the opportunity to present their questions. Discussion was made of the staff recommendation that construction of the fence along the district boundary line of the adjacent undeveloped property be delayed until the lots are final platted. Chairman Sutton and Mr. Sutherland questioned the enforceability of that arrangement. After further discussion it was moved by Mr. Sutherland that the request be tabled until the next meeting, on November 15, 1989, in order for the applicant to be present for the consideration of the request. The motion was seconded by Burrell Lacey, and carried unanimously by vote of Litteken, Lacey, Sutton, Kidd and Suther- land. 5. V-89-13. Request for variance to reduce the exterior side setback to 0 ft and also reduce the parking require- ment at 3300 Industrial Drive This business item was presented by David Tate, attorney for Sutherland's, the applicant. Manuel King, store manager, was also present. Mr. Tate advised that the second part of the request is withdrawn, as the revised design plans will meet the parking requirements. Mr. Tate cited the following special conditions bearing on this request: Item No. m„m�, 127 Page No. 3 M - The fact that the property abuts Loop 11 at the 'U' config- uration requires a greater setback than other property in the area; for example, Shamburger warehouse. (The staff report to the Board noted that Loop 11 and Industrial Drive were constructed 3 years prior to the construction of Suther- land's.) - The building will be a greenhouse -type structure which will not obstruct the visual corridor. - There have been no objections received to the request. - There is very little traffic on this portion of Loop 11. - If the variance is not granted, Sutherland's will not be able to construct the building. After discussion, it was moved by Chairman Sutton that the variance be approved predicated on the lot configuration, the configuration of Loop 11, and the fact that the variance would not be against the public interest. The motion was seconded by William Kidd and carried unanimously by vote of Litteken, Lacey, Sutton, Kidd and Sutherland. The meeting adjourned at 3:20 p.m. I Richard N. Sutton, Chairman . LAI Date ME eM w Item No. Page No. 4 V