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Zoning Board of Adjustments Minutes - 11/15/1989El M I N U T E S ZONING BOARD OF ADJUSTMENT November 15, 1989 PRESENT Richard Sutton, Chairman William Kidd, Vice Chairman Syd Litteken * Members Burrell Lacey, Alternate #2 Ron Buffum * Councilor Roger McKinney, Director of Planning Bill Sullivan, Assistant City Attorney * City Staff Julie Black, Planner II Barbara Bridges, Recording Secretary ABSENT Bill Rowland Richard Sutherland Edna Boren, Alternate #1 Members Harold Arnett, Alternate #4 (The Board was composed of only 8 members at the time of this meeting.) CALL TO ORDER The meeting was called to order at 1:40 p.m. by Chairman. Sutton. APPROVAL OF MINUTES It was moved by Burrell Lacey, seconded by Syd Litteken and passed unanimously that the October 18, 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 The Board was addressed by Hank Rugeley, representing Donna Adams, the applicant. Mr. Rugeley noted the lot involved is triangular - shaped due to the purchase of Kell Freeway right-of-way, and not due to any action of Mrs. Adams. This creates a difficulty in the placement of the building and in meeting the off-street parking requirements. Therefore, special conditions do exist on which to base the request. Special hardship would also exist in that adja- cent properties do not have fencing, and do enjoy alley access which would be denied Mrs. Adams if the fencing is required. Furthermore, entrance and exit from the property only from Kell would create a traffic hazard which could be avoided with alley access. Item 1-1inutes Page No. 1 10 It was brought out that the fencing requirement only involves 50' of the property, where it abuts the single-family zone. However, Mrs. Adams has constructed at her own expense, a 100' fence across the alley. Therefore, Mr. Rugeley maintained that the buffering requirement has been met and even exceeded. It was also noted that Gary Hopkins had stated that the Southland Home Owners Association has no objection to the request. After discussion it was moved by Syd Litteken that based on the unique circumstances of the site and the unique boundary line, that the variance be approved. The motion was seconded by Burrell Lacey and carried unanimously: Sutton, Kidd, Litteken, Lacey. 2. 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 requirement at 3700 Barnett Road The Board was addressed by M.T. Pierrat, representing the Evangel Temple Assembly of God. He advised the 57' roof height is the peak of the roof pitch. A cross will extend above that. It was brought out that church spires and steeples may project beyond the maximum height limitation. Mr. Pierrat stated a variance on the height is necessary in order to construct the church according to architec- tural plans. Concerning the fencing requirement, Mr. Pierrat stated the church plans a greenbelt area of trees, which would be more beautiful than a fence. However, his main contention that the fence should not be built is that the church will not be within 1,000 feet of any home. Chairman Sutton referred to the staff recommendation that fencing be required along the single-family boundary along the north lot line as part of the development, with fencing to be constructed for the remaining property if and when residential lots are final plat- ted. Mr. McKinney advised the staff considered the final platting of Michna Estates in this recommendation. However, the remaining surrounding property has not been final platted, and possibly may never be developed residentially. Chairman Sutton called on anyone else in the audience who wished to address the Board. John Scott, one of the property owners of a lot across Barnett Road, advised he is not opposed to either request. Earlier in the meeting Chairman Sutton had asked Bill Sullivan, Assistant City Attorney, what the legal status of the application would be if the Board would approve one request and not the other. Mr. Sullivan stated that denial of any part of the application would have the effect of denying the application as a whole. The Chairman advised Mr. Pierrat that the Board perhaps did not desire to see the fencing provision enforced at this time, but might not want to grant a variance in perpetuity. He asked Mr. Pierrat if, considering the legal opinion, he wished to withdraw the request concerning the fencing, and Mr. Pierrat did withdraw that portion of the application. Im ME rMM Im 3 'Item Minutes 130 Page No. After further discussion it was moved by Syd Litteken that since the fence request has been deleted, that the variance on the height be granted based on the unique size of the building (60,000 sq. ft.) and the site (25 acres). The motion was seconded by Bill Kidd and passed unanimously: Sutton, Kidd, Litteken, Lacey. 3. V-89-14. Request for variance to place a 180 sq. ft. sign in an 9F-2 zone at 5401 Southwest Parkway The Board was addressed by Jim Cates, Director of Buildings and Grounds for the Wichita Falls ISD, and by Cal Herron of National Display Systems. Board members were provided copies of the design of the proposed sign. Chairman Sutton questioned the areas of the sign designated as 'advertising display'. Mr. Herron noted the sign will be donated by a local bank and by CocaCola, and the advertis- ing space is reserved for them. Chairman Sutton stated his opinion that "it is inappropriate for the School District to be bought in this fashion." Other negative considerations on the sign included: . Chairman Sutton and Burrell Lacey felt the sign might more 10 appropriately be classified as a Message Center sign, in which case it would not be allowed in a single-family zone, and Chairman Sutton felt this would have a bearing on any variance granted by the Board. . Mr. Litteken noted the support poles are shown as larger than the 12" maximum allowed. Mr. McKinney noted that con- struction would have to be in accordance with the Building Code. The Commission was also addressed by Bob Berry, property owner of the lot at the southeast corner of Southwest Parkway and Barnett. He objected to the proposed sign, noting it would be 52 times larger than allowed in this zone, and would obscure the visibility of the planned future development of his lot. He stated he would be in favor of the alternate site mentioned at the intersection of Stadium Drive and Southwest Parkway, or if the sign would be moved back 200' from the corner and angled 451. Mr. Cates stated the School District does not want to restrict the visibility of Mr. Berry's property; however, they would not consider moving the sign further than 75' from Barnett. Mr. Cates asked what restrictions would apply if the location for the sign would be rezoned to General Commercial. Mr. McKinney advised that with a 25' setback, the sign could be 900 sq. ft. with an 80' maximum height. After further discussion Mr. Cates asked to have action on the variance postponed until the next meeting in order to see if an arrangement agreeable to both the School District and Mr. Berry could be worked out. There being no objection to this request, Chairman Sutton noted this business item will be reconsidered at the December meeting. This action will not require renotification. E Item Minutes 131 Page No. 3 r, ME The meeting was recessed at 3:10 p.m. and reconvened at 3:15 p.m. 4. V-89-15. Request for variance to place a garage at a distance of 5 feet from an exterior side property line J.D. Trotter, contractor for Damon Swafford, was present to answer any questions from the Board on this business item. Mr. McKinney noted that existing setbacks along Denver Street (the exterior side street) range from 0 to 10 feet. This is an older residential neighborhood with many structures built into the setback area. Therefore the staff feels that the variance should be granted because the setback requested would conform with existing setbacks in the area. After discussion it was moved by Bill Kidd that the variance be granted, in as much as the setback will be common to the rest of Southland Addition, and would not adversely impact the visual corridor. The motion was seconded by Burrell Lacey, and carried unanimously: Sutton, Kidd, Litteken, Lacey. The meetin adjourned at 3:25 p.m. Richard N. Sutton, Chairman UA- D Date 7M IM ME i 'Item Minutes) 132 page No. 4 rl-�