Zoning Board of Adjustments Minutes - 04/18/1990E
M I N U T E S
do ZONING BOARD OF ADJUSTMENT
April 18, 1990
In
PRESENT
Ralph Perkins, Chairman
William Kidd, Vice Chairman
Burrell Lacey * Members
Syd Litteken
Jane McCown, Alternate #2
Dana Barnett, Alternate #3
Ron Buffum * Councilor
Roger McKinney, Director of Planning
Subir Mukerjee, Development Coordinator
Jeanie Martin, Assistant City Attorney * City Staff
Barbara Bridges, Recording Secretary
ABSENT
Richard Sutherland
do Edna Boren, Alternate #1 * Members
(The Board was composed of only 8 members on the date of this meet-
ing.)
CALL TO ORDER
The meeting was called to order at 1:30 p.m. by Chairman Perkins.
,.
APPROVAL OF MINUTES
It was moved by Burrell Lacey, seconded by Jane McCown, and carried
Is unanimously that the Minutes of February 21, 1990 be approved.
E
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ri
BUSINESS ITEMS
V-90-03. Variance request to reduce parking requirements for a motel
at 1032 Central Freeway
The Board was addressed by Gene Probst of Corlett, Probst & Boyd
Consulting Engineers, and by David Schulze, building contractor.
Mr. Schulze stated that meeting the parking space requirements would
require reducing the number of units to the extent that it would be
marginal to operate, and the developers were not able to acquire any
additional land. He noted that in other cities, a 1 unit/l parking
space ratio is allowed. Mr. Mukerjee agreed that the existing
parking standards in Wichita Falls are higher than in other cities
which were reviewed by the staff. He advised that a proposed reduc-
tion in the parking standards for hotels/motels to 1 space per unit
for the first 100 rooms and .75 spaces per room for additional rooms
has been recommended by the Planning & Zoning Commission, and will
be submitted to the Council. Using this ratio, the parking proposed
for this motel would be more than adequate. �yJ
Item No. 1,(1'/2S
Page No. 2
Burrell Lacey asked if the Board would be getting ahead of the
Council on this. He referred to the staff report which stated that
a zoning amendment would be a more appropriate resolution of the
applicant's problem. Mr. Mukerjee noted that the Board can review
the variance request from the standpoint that the shape of the land
is irregular, and decide if this is a hardship which is grounds for
the variance. Chairman Perkins stated his opinion that the proposal
to the Council on parking should not bear on this request.
Mr. Probst stated that although it was not cited in the application,
the fact that storm water retention areas are required also limits
the amount of land available for building and parking.
After discussion it was moved by Syd Litteken that the Board grant
the variance based on the decision that the four special conditions/
hardships presented in the application G,_e adequate reasons for the
variance. The motion was seconded by Burrell Lacey and carried
unanimously by vote of Litteken, Kidd, Perkins, Lacey and McCown.
V-90-04. Variance request to eliminate rear fencing requirement and
to allow alley access at 1627 llth Street
The Board was addressed by Roger Sanford of Home Work, Inc., the
applicant. He noted that alley access already exists on this block.
Martha Allensworth of 1629 llth Street also addressed the Board, in
support of the request. She stated that this is a high crime area,
and a fence would only be a problem for this property and her own.
After discussion it was moved by Burrell Lacey that the variance be
approved based on the considerations of:
- It would not be contrary to the public welfare,
- A special condition does exist in that there is existing alley
access in the area, and
- It does meet the intent of the ordinance.
The motion was seconded by Jane McCown and carried unanimously by
vote of Litteken, Kidd, Perkins, McCown and Lacey.
Discussion on ZBA Procedural Guidelines
Prior to the meeting, Board members were provided copies of proposed
procedural guidelines prepared by the staff for their consideration.
Burrell Lacey noted that at the last meeting, only two issues were
to be reviewed for possible adoption as a general policy, and now
the Board has been presented with this expanded version. He referred
to a past decision of the Board not to adopt Robert's Rules of
Order, as it was felt this would be too strict for the applicants.
If these guidelines are not to be hard and fast rules, then he felt
a paragraph should be added making this clear. He also requested the
staff to match the proposed guidelines with the provisions in the
ordinance prior to any vote on them.
Particular discussion was made on suggested Guideline No. 9:
Appeal. The 10 day period for appealing a ZBA decision shall
begin from the date of the Chairman's signature on the minutes.
Item No. 1,P2,5
Page No. -2-_
Im
Assistant City Attorney Jeanie Thompson was asked to comment on this
proposal by Burrell Lacey. She advised that as a practical matter,
this would give a fair chance to applicants who wish to appeal, and
is more permissive than the 10 day period beginning from the date of
the meeting. It also provides for the applicant to have something
in writing (the minutes) to present to the court with the appeal.
40 Mr. Lacey referred the Board to Sec. 7825 of the Zoning Ordinance,
which establishes the authority for the Board to adopt only its own
rules of order and procedure. He felt that a time limit for appeals
would be an issue to be presented to the Council for an amendment to
Is the ordinance.
In other discussion, Bill Kidd suggested that applicants should be
advised when they apply that contact with Board members concerning
pending requests is not permit-�ed. Chairman Perkins agreed that
people should be made aware of this, since approaching the members
could result in the members being disqualified from voting on the
request. Mr. Kidd also stated he felt the proposed guidelines would
be beneficial to new members.
Chairman Perkins requested the Board to review the proposed guide-
lines in light of the comments made, in order to decide at the next
meeting whether or not to adopt them.
;alth
e meeting adjourne at 2:15 p.m.
e 412 �990
r ins, Chairman Dat
in
El
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Item No. 1*A5
Page No. 3_
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