Loading...
Zoning Board of Adjustments Minutes - 11/21/1990r7 M I N U T E S ZONING BOARD OF ADJUSTMENT November 21, 1990 PRESENT Ralph Perkins, Chairman Burrell Lacey Jane McCown, Alt. #1 * Members Tom Hill, Alt. #3 Scott Cannaday, Alt. #4 David Farabee * Councilor Subir Mukerjee, Development Coordinator Bill Sullivan, Assistant City Attorney * City Staff Barbara"Bridges, Recording Secretary ABSENT William Kidd Syd Litteken * Members Richard Sutherland Dana Barnett, Alt. #2 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 Tom Hill, and carried unanimously that the November 1, 1990 and November 5, 1990 Minutes be approved. BUSINESS ITEMS V-90-10 Request to reduce the front setback from 25 ft. to 10 ft. for a mobile home at 6204 Old Lake Road The Board was addressed by David Gossom, attorney for John Hilley, applicant. Mr. Gossom noted that the basis for the request is the presence of a sewer easement granted prior to zoning, which crosses the south part of this lot. Due to the location of this easement, a 25' setback required by the Zoning Ordinance would deprive the owner of effective use of the lot. A variance reducing the setback to 10' would allow a 12' x 60' mobile home or a small site -built house. Jane McCown asked if the reduced setback would create a visual problem. Mr. Mukerjee advised that it would not, especially since the structure would still be 20' - 25' from the street pavement. Burrell Lacey stated there is a lot of indecision concerning this request, such as site -built home versus mobile home, and the previous conditional use request for a mobile home not being resolved by the Planning & Zoning Commission. Mr. Mukerjee advised the conditional Item No. "rL 5 159 Page No. __�_ use case has been a pending situation because the exact location of the sewer easement had not been determined before. Mr. Gossom pointed out that his client requested the variance which would allow either structure, and if a mobile home is the choice, a conditional use request will be taken to the Planning & Zoning Commission. Chairman Perkins noted that the Zoning Board is only to decide if under the circumstances a reduction of the setback should be made, not to determine the use of the property. Scott Cannaday stated that according to his figures, a 60' home could be placed on the lot with a larger setback than requested. Mr. Gossom stated that if there is any additional room, this would leave the option of a patio or fence open, and he would rather see the appli- cant have more latitude. After further discussion it was moved by Tom Hill that the variance be granted. The motion was seconded by Jane McCown and carried by `vote of 4 in favor by Hill, Cannaday, Perkins and McCown, and 1 opposed by Burrell Lacey. V-90-11 Request for a variance from the 50% on -site parking limitations for a doctor's office at 1722 9th Street The Board was addressed on this request by Dick Bundy, architect, and Dr. Dan Bartel, applicant. It was explained that a proposed expan- sion to the medical office at 1722 9th will leave 16 on -site parking spaces. A conditional use has been approved by the Planning & Zoning Commission for a 74-space parking lot on 8th Street. This lot is to be used for employee parking only, and will have controlled access -- probably a gate with key-punch coded entrance. There is also a 38 space parking lot across Baylor for additional patient parking. Mr. Mukerjee advised that if the request is approved, the lots will be legally tied together. Dr. Bartel stated they are already tied as one unit under the same bank note. After further discussion it was moved by Tom Hill that the request be approved. The motion was seconded by Scott Cannaday, and carried unanimously by vote of McCown, Lacey, Perkins, Cannaday and Hill. V-90-12 Request to reduce the front setback requirements to construct a canvas awning at 4221 Seymour Highway The Board was addressed by Maurice Hebert, applicant, who described the proposed construction. Mr. Mukerjee stated that the special condition relative to this request is that the distance from property line to street pavement is approximately 751, which is an unusually large distance. Chairman Perkins noted that front parking would be in the right-of-way with the variance given. Mr. Mukerjee agreed, noting that this is the case with businesses all along Seymour Highway. Mr. Hebert stated he has permission from the State for parking in the right-of-way. Mr. Mukerjee advised that if the State reversed this decision, Mr. Hebert has sufficient space for parking behind the store. Item No. i.r&5 160 Page No. a.. Burrell Lacey questioned past action regarding this property. Mr. Mukerjee noted the applicant has been before the Planning & Zoning �+ Commission and the City Council to request a change in the definition of awning in the Zoning Ordinance. Mr. Hebert stated he could not anchor the awning to the structure (to meet the definition) since support poles are necessary with the metal building and high winds. After further discussion, it was moved by Burrell Lacey that the request be approved based on Section 7340 of the Zoning Ordinance, paragraphs A and D. The motion was seconded by Tom Hill and carried unanimously by vote of McCo n, Lacey, Perkins, Cannaday, and Hill. The eetin adjou d at�2: 0 p.m. - 1l126 Ralph Pe ins, Chairman Date go Item No. "n S -3— 161 Page No.