Zoning Board of Adjustments Minutes - 02/16/2011MINUTES
BOARD OF ADJUSTMENT
February 16, 2011
PRESENT:
Elvin Dudley, Acting Chairman 0 Members
Dara Forbes 0
Jose Garcia 0
Chad Hughes 0
Kerry J. Maroney 0
Kevin Hugman, Asst. City Manager/Acting Dir. Comm. Development 0 City Staff
Leo Bethge, Planner II 0
Diane Parker 0
ABSENT:
Jerry Beaver
0 Members
David Lane
0
Dustin Nimz
0
Paul Walmsley
0
I. CALL TO ORDER
Chairman Dudley called the meeting to order at 1:35 p.m.
II. MINUTES
Mr. Maroney made a motion to approve the minutes of the December 15, 2010 Board
of Adjustment meeting. Ms. Forbes seconded. The minutes were approved with a
unanimous vote in favor.
Mr. Odom stated the two alternates, Chad Hughes and Dara Forbes, would be voting
as regular members substituting for the absent regular members, Dustin Nimz and Jerry
Beaver.
New member, Ms. Forbes, was sworn in by Mr. Odom.
BOARD OF ADJUSTMENT • PAGE 1
III. REGULAR AGENDA
1. Case V 11-02
Variance to allow a Class I off -premise sign (billboard) within 1,500 feet of
an existing Class I off -premise sign on the same side of the road
4519 Kemp Boulevard
Mr. Randy Clement requested a variance from the Zoning Ordinance requiring a
separation between Class I off -premise signs (billboards) for a distance of 1,500 feet on
the same side of the road, street, or highway. The existing billboard is located on a
corner lot on the south side of Southwest Parkway and the east side of Kemp
Boulevard. Scaling the distance of the proposed new billboard location from the
existing billboard showed approximately 1,228 feet which falls short by approximately
272 feet of the required 1,500 feet. Listed in the Sign Ordinance is the separation
requirement between billboards.
Twelve (12) surrounding property owners were notified of this request. One (1)
responded in favor and four (4) were opposed.
Qualifying Criteria:
a. Special conditions or circumstances are peculiar to the land, structure, or building.
The applicant stated the proposed location is within 1,500 feet of a billboard located at
Southwest Parkway and Kemp. This existing sign services Kemp going south and the
east -west traffic on Southwest Parkway. It does not service Kemp going north of
Southwest Parkway.
Staff noted the existing billboard is a three -sided sign designed to service traffic
traveling north -south on Kemp and east -west on Southwest Parkway. The applicant felt
there was a hardship because the northbound Kemp motorists do not have the benefit
of an advertising sign in the area.
Staff also stated this situation does not create a special condition or circumstance
peculiar to the land; it cannot be considered any different from other billboard situations.
A sign does not provide a benefit to a motorist if he is moving away from it. The Zoning
Ordinance dictates a traveler should receive benefit from another off -premise
advertising sign on the same side of the road when it is 1,500 feet away. The
applicant's statement translates into the idea that the 1,500 foot rule is the hardship.
The applicant has not demonstrated this situation is different from similar situations
where someone wanted to place a billboard within 1,500 feet of a billboard and was
denied a permit.
b. Special conditions and circumstances not resulting from applicant's actions
The applicant stated he has no control over the existing sign.
Staff responded by stating the applicant has not demonstrated there is a special
condition or circumstance. The applicant's comment appears to be saying the
BOARD OF ADJUSTMENT • PAGE 2
ordinance is the hardship or obstacle. The variance procedure was not established as
a waiver process for a citizen who does not wish to comply with the zoning regulations.
The applicant's remedy would be to petition the Planning and Zoning Commission and
the City Council for an amendment to the ordinance.
c. Literal interpretation of ordinance would deprive applicant
The applicant noted the existing sign does not provide advertising to northbound traffic
on Kemp from Southwest Parkway. Applicant felt the possibility for renting this property
was limited due to its access and size.
Staff noted the applicant must show he is deprived of a right commonly enjoyed by
others in the General Commercial zoning district. The applicant claimed the ordinance
was the obstacle. Staff commented the lot could be developed for uses such as an
office or small restaurant. Even if the applicant could show the lot is not capable of
being developed, this Board cannot legally grant a variance when the hardship is self-
created or financial.
d. Granting the variance would be in harmony with the ordinance and would not confer
any special privilege(s) that is/are denied by the ordinance to other lands, structures or
buildings in the same district
The applicant stated they are not asking for special treatment, only fairness in special
circumstances. There are no billboards on the east side of Kemp from Southwest
Parkway to Midwestern Parkway.
Staff's reply to fair or special treatment was the consideration of fairness to previous
applicants who were denied off -premise sign permits because of existing billboards
within 1,500 feet. Staff's contention was the applicant did not demonstrate a condition
or circumstance warranting a variance and he was, in fact, asking for special treatment.
Conclusion: Staff finds no special circumstance or qualifying hardship in this case. To
grant
Evaluation Criteria:
Mr. Odom reviewed the Evaluation Criteria with the Board.
IV. Adjourn
The meeting adjourned at p.m.
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Dustin Nimz, Chairman
Date
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