Zoning Board of Adjustments Minutes - 10/18/1989El
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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
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* Members
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* Councilor
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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
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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'.
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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:
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- 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.
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Richard N. Sutton, Chairman
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