Zoning Board of Adjustments Minutes - 09/18/1996MINUTES
BOARD OF ADJUSTMENT
September 18, 1996
PRESENT:
Tom Hill, Chairman
Roger Murphy
Don McKinney
David Seaton
Ray Hanold
James Heath
John McKey
Bobby Redwine
Bill Daniel
David A. Clark, Director of Community Development
Steve Seese, City Planning Administrator
Paul Stillson, Planner II
Diane Parker, Recording Secretary
ABSENT:
Charles A. Peters, III
I. CALL TO ORDER
The meeting was called to order at 1:34 p.m. by Chairman Hill.
II. APPROVAL OF MINUTES
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Mr. Murphy made a motion to approve the August 26, 1996 minutes. Mr. McKinney seconded the
motion. The motion was passed with a unanimous vote.
III. VARIANCE
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A. V 96-07
Variance Request to Reduce the Setback on the West
Property Line
2130 Harvard Avenue
Applicant/Property Owner:
Requested Action:
Purpose:
Property:
Legal Description:
Existing Land Use:
Zoning:
Surrounding Land Use & Zoning
Commentary:
William R. Fletcher
Variance
To reduce the required setback on the west property line from 18
feet to 10 feet
2130 Harvard Ave.
Lots 21, 22, 23, & 24, Block 8, less ROW, Sibley Taylor
Vacant lot
General Commercial
North: Central Freeway, GC
South: 22nd. St., Residences, SF-2
East: Central Freeway, GC
West: Residences, SF-2
The applicant is requesting a variance to reduce the required building setback on the west property
line from 18 feet to 10 feet for a proposed office building. The applicant feels that in order to save
an existing tree and produce the most efficient layout, the office building must be placed 10 feet
from the west property line.
The additional setback requirement is due to the Single -Family zoning boundary along the west
property line. The required setback for a commercial structure from a Single-family zoning
boundary line is 30 feet. However, if the zoning boundary line is adjacent to a street or alley right-
of-way, the additional setback shall be computed by including their width. In this case there is a 12
foot wide alley adjacent to the west property line. Therefore, the required additional setback from
this line is 18 feet. The intent of the additional setback is to create a buffer zone between
commercial establishments and residential neighborhoods. A 6 foot tall privacy is also required
along the west property line.
The applicant is proposing to develop this property into small tractor sales and accessories. All
items are to be stored outside. The applicant has applied for a Conditional Use Permit for outdoor
storage in a General Commercial zone. This item will go before the Planning and Zoning
Commission on September 11, 1996.
This site consists of the remainder of what was once four 50'x140' residential lots. Portions of
these lots were acquired by the State to accommodate the existing service road. This reduced lot
depths.
Special Conditions/Hardships:
The applicant has cited the following special conditions/hardships:
1. "[The] tree is approximately 30-35 years old and would have to be cut down to comply with
code."
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"Having such a small yard to work with, my thoughts were to put the office in the northwest
corner of the yard and save the beautiful pecan tree"
2. "This tree has been there for many years. To build farther out south in [the] yard would
interfere with loading and unloading of the truck. This lot is small due to several feet lost to
freeway service road."
Recommendation:
Staff finds that an existing tree does create a unique circumstance if there is a concern for
preservation of existing trees. The quality of such trees must be a consideration. Since pecan
trees are among the preferred trees for landscaping, staff feels that preserving this mature pecan
tree would be in conformance with tree preservation intent.
The irregular shape of this lot limits the site design in terms of building location, parking location,
and maneuverability of vehicles. Staff recommends approval of this variance.
Conditions of Building Permit Approval:
This development must meet all Planning and Building Inspection requirements.
Fifteen surrounding property owners were notified of this request. Four (4) or 26.67% replied in
favor and one (1) or 6.67% was opposed.
Mr. Seese stated that staff recommends approval.
Mr. William Fletcher, applicant, was sworn in by Chairman Hill. Mr. Fletcher gave a brief
description of the building and the type of equipment that would be rented or sold. He explained
the location of the building as it relates to his business and the tree. He stressed that the
appearance of his location would be neat and presentable.
Mr. McKinney made a motion to approve the variance reduce the required setback on the west
property line from 18 feet to ten feet. Mr. Key seconded the motion. The variance passed with a
unanimous vote.
IV. ADJOURN
The meeting was adjourned at 1:50 p.m.
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Tom Hill, Chairman
Date
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