Zoning Board of Adjustments Minutes - 06/20/2018MINUTES
BOARD OF ADJUSTMENT
June 20, 2018
PRESENT:
OMembers
Jerry Cedrone
0
Steve Lane, Vice -Chairperson
0
Tyson Traw, Chairperson
0
Dave Waddell
0
Thomas Yoder
0Alternate #1
Mark McBurnett
0 Ex-Officio
Vacancy OAlternate #4
James McKechnie, Asst. City Attorney 0 Legal Dept.
Dana Schoening, Community Development Director OcityStaff
Karen Gagne, Planning Administrator
Skyler Henricks, Planning Technician
ABSENT:
Cari Beesinger Guidry 0Alternate #2
David Lane 0 Member
Dee Reyes 0 Alternate #3
Councilor Eric West 0 Liaison
I. CALL TO ORDER
Chairperson Tyson Traw called the meeting to order at 1:32 p.m.
II. ROLL CALL
Chairman Traw introduced the board of adjustment members and staff.
III. MINUTES
Mr. Dave Waddell made a motion to approve the amended minutes from the
September 20, 2017 Zoning Board of Adjustment meeting (ZBOA). Mr. Jerry Cedrone
seconded. The vote carried unanimously. Mr. Thomas Yoder made a motion to
approve the minutes from the January 17, 2018 Zoning Board of Adjustment meeting.
Mr. Dave Waddell seconded. The vote carried unanimously.
Board of Adjustment 2 June 20, 2018
IV. REGULAR AGENDA
1. Case V 18-02
Consider taking action on a request for a variance to allow a wheelchair
ramp in the required front setback area in a General Commercial (GC)
zoning district at 3209 Kemp Blvd.
Mr. Skyler Henricks presented the request for case V 18-02 and introduced the
following qualifying criteria:
1. State special conditions or circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or building in the same district.
The applicant stated that the city added a 10' right of way easement that moved the
building limit line 10' to the East.
Staff agreed that a reasonable accommodation and modification is appropriate for this
request as the structure was constructed in 1948, and has remained as such since
then. With the additional right of way dedication, the existing structure is now a non-
conforming structure. The existing conditions and travel distance from the proposed
ramp to accessible parking locations at the site create special conditions and unique
circumstances which are peculiar to this structure.
2. Demonstrate that the special conditions and circumstances do not result from the
actions of the applicant.
The city made the change and caused the infraction.
The structure was built in 1948. The owner/applicant is currently renovating and would
like to comply with TAS and ADA standards by adding an ADA compliant ramp. As part
of the renovation the property was platted, and in that process the city required right of
way dedication for future expansion of Kemp Boulevard. Staff agrees that the most
logical location, minimizing distance of travel from ramp to parking, is the proposed
location. A variance of the maximum height allowed for uncovered porches in the
setback would allow this proposed ramp to fit into setback requirements.
3. State how a literal interpretation of the provisions of this Ordinance would deprive
the applicant of a right commonly enjoyed by other properties in the same district
under the terms of this Ordinance.
The owner has been unable to open for business because of this change.
The current ordinance denies the applicant the opportunity to construct a safe and legal
ramp to utilize the front door as, hence denying a non -ambulatory person to use the
front and only public entrance door. Furthermore, the current Zoning Ordinance Sec.
4220 Projections and structures allowed in setback areas, does not list the
construction of ramps in the setbacks as an allowed structure. ADA wheelchair ramps
are covered under regulations from the federal government.
Board of Adjustment 3 June 20, 2018
4. State how granting the variance would be in harmony with the objectives of the
Ordinance and would not confer upon the applicant any special privilege, which is
denied by the Ordinance to other lands, structures, or buildings in the same district.
The owner requested that the building and ramp be grandfathered so the owner can get
a certificate of occupancy to open for business.
The applicant constructed an ADA ramp that was compliant with safety, TAS and ADA
standards. He asked for reasonable accommodation to increase the maximum height
of an uncovered porch in the front setback to allow a proper and safe ramp for his
customers use. Application of current height limitations leads to the construction of
unsafe ramps that are non -compliant with current ADA standards and City Code or
Ordinances. Staff felt the qualifying criteria were met and recommended review of the
evaluation criteria.
The Chairperson thanked staff for presenting the qualifying criteria. Chairperson Traw
asked if the board had any questions or concerns regarding qualifying criteria. There
were no concerns from board members. Mr. Steve Lane motioned to approve the
qualifying criteria. Mr. Thomas Yoder seconded the motion. The vote carried
unanimously.
Mr. Henricks presented the following evaluation criteria:
1. The granting of the variance will not be contrary to the public interest.
2. Special conditions exist, other than financial hardship alone, whereby a literal
enforcement of the terms of the Ordinance will result in unnecessary hardship to
the owner of the land.
3. The variance will not permit an activity upon the land, which is not allowed by the
terms of the Zoning Ordinance.
4. The granting of the variance:
• Is consistent with the intent of this Ordinance;
• Is in harmony therewith; and
• Will not be injurious to the neighborhood or detrimental to the public welfare.
Mr. Henricks stated due to the design of the structure, established in 1948, and to
provide the shortest distance of travel from accessible front door to vehicle, staff
recommended approval of the applicant's request of a variance from Section 6.10 Lots
& Setbacks of the Subdivision and Development Regulations of Appendix A and
Appendix B (Zoning) — Sec. 4220 Projections and structures allowed in setback areas
of the Wichita Falls Code of Ordinances, which will allow the construction of an ADA
compliant ramp in the front setback at 3209 Kemp Boulevard.
Mr. Thomas Yoder made the motion to approve the evaluation criteria. Mr. Dave
Waddell seconded the motion. The vote carried unanimously. The Chair
acknowledged the motion passed. Staff indicated they are developing an ordinance
amendment (Appendix B: Zoning - Sec. 4220 Projections) for Planning & Zoning
Commission's consideration to address ADA related access ramps.
Board of Adjustment 4 June 20, 2018
V. ADJOURN
The Chairperson call for adjournment; Mr. Dave Waddell motioned to adjourn the
meeting and Mr. Jerry Cedrone seconded the motion. The Board adjourned at 1:43
p.m.
Chairperson
Date