Zoning Board of Adjustments Minutes - 01/20/1993;L MINUTES
ZONING BOARD OF ADJUSTMENT
January 20, 1993
PRESENT
W.O. (Bill) Franklin
Tom Hill * Members
Roger Murphy
Dr. Edwin C. Bebb
Roger McKinney, Director of Planning
Paul Stillson, Planner II * City Staff
Donna Duncan, Recording Secretary
ABSENT
Scott Cannady, * Chairman
David Farabee * Councilor
CALL TO ORDER
The meeting was called to order at 1:40 p.m. by Roger McKinney who
presided over the meeting in the absence of Chairman Scott Cannady.
Mr. McKinney reminded the Commission that with only four members
present it will take an affirmative vote of all members to grant the
request. If there is one dissenting vote the request would be denied
but could be resubmitted at a later date.
APPROVAL OF MINUTES
It was moved by Tom Hill, seconded by Bill Franklin and carried
unanimously that the December 16, 1992 Minutes be approved as written.
V-92-06. Variance request to allow a reduction of required separation
between off -premise signs from 500 feet to 260 feet.
Mr. Stillson stated that this is an application for a variance to
reduce the separation between off -premise signs from 500 feet to 260
feet. The applicant is proposing to construct a multi -tenant sign for
K-Mart to be located on the Albertsons property at the corner of Kemp
and Call Field. The nearest off -premise sign is 260 feet away near the
Color Tile Store. The applicant stated the following as special
condition/hardship:
1. "The land is across Kemp Street from another piece of property
which has an off -premise advertising sign."
2. "We do not own any other property & cannot control what other
property owners allow on their property."
do
F7_
11 NNO-r'
e No. I
3. "What other property owners allow to happen on their land is beyond
our control. We do not abut the other property but are across the
street."
4. "We only want to enjoy signage like any other property owner." ow
The Staff recommended disapproval of this request because the applicant 66
has not demonstrated a hardship or special condition as a basis for
this variance.
00
Mr. Tommy Richardson representing Image Advertising stated that they
request to be allowed to erect a multi -tenant, off -premise advertising
sign less than 500 feet from an existing conventional off -premise
advertising sign. They ask that adjacent property owner (K-Mart) be
allowed to join with the property owner (Albertson's) on a single sign
structure. He stated that the benefit to the City of Wichita Falls and
the environment is that a single sign structure would be erected
instead of individual business erecting its own sign. This sign would
enhance the appearance near the intersection of Kemp and Call Field and
avoid the clutter that 5 or 6 individual signs that this structure
would replace. This sign would be 40' high, 270 square feet, not a
traditional billboard.
Bill Franklin stated with a variance procedure, you have to establish rrr
the hardship involved. Even if the sign is approved it does not
necessarily eliminate all signs.
Kevin Callwell, with the developer of this project, stated that
hardship is hard to control what other property owners allow on their
property and to be penalized by someone across the street on the to
location that dictates where you can erect a sign on your property.
Mr. McKinney stated that the zoning ordinance does make provisions for
multi -tenant signs for shopping centers that are under single
ownership. The distinction here is we are dealing with a multi -tenant
sign that address 2 separate pieces of property under different
ownerships. Mr McKinney inquired if any of the locations in the 500'
radius create a hardship in the parking or access easements or is it
just the visibility. Mr. Richardson said that the visibility was the
key.
Mr. Richardson asked if we made it a part of or stipulation to the
application that this sign be erected instead of two additional signs mi
that K-Mart could build. Would that make it binding.
Mr. McKinney said it would not have any legal merit and would be
getting into contract zoning which is not legal in Texas. The board of
adjustments needs to look at the circumstances of a particular request
and any hardships that are stated with the request. If the only
location was in a access easement that presents a hardship; or if its
special conditions because of mutual access easements with the abutting
property owner.
Mr. Richardson stated that Albertson is going to erect a sign at that
location, we asking that K-Mart be allowed to participate.
Mr. McKinney stated this board must look at the application and not
base it on a nice looking sign, it has to be based on a Ot••••
Item No.
P r_ No. 1
err that there are special conditions associated with the property that
merit its consideration.
Bill Franklin made a motion to approve under section 7305. The motion
died with lack of a 2nd.
Tom Hill made a motion to deny the variance pending any legally
permissable modification and Roger Murphy seconded the motion. The
motion was denied with Roger Murphy, Dr. Edwin Bebb and Tom Hill voting
against the variance and Bill Franklin in favor.
The request for a variance was denied.
Mr. Richardson stated he would re -submit his request at the next
meeting.
The meeting adjourned at 2:25 p.m. *
En
Item :10. =
Page No. If
W.O. ( anklin
Roger` Murphy
Tom Hill
Dr. Edwin C. Bebb
Date
Date
Date
Date
11
In
M
77
r7
M
M
In
00
Iter No.
Page No.� —