Zoning Board of Adjustments Minutes - 01/20/1999MINUTES
BOARD OF ADJUSTMENT
January 20, 1999
PRESENT:
Rainer Hanold, Chairman 0 Members
John Key 0
Don McKinney 0
Bobby Redwine 0
Guy Grogan 0 Alternate #1
David A. Clark, Director of Community Development 0 City Staff
Steve Seese, City Planning Administrator 0
Paul Stillson, Planner II 0
Diane Parker, Recording Secretary 0
ABSENT:
Charles A. Peters, III 0 Member
I. CALL TO ORDER
The meeting was called to order at 1:30 p.m. by Chairman Hanold.
II. APPROVAL OF MINUTES
Mr. McKinney made a motion to approve the minutes from the November 18, 1998 meeting. Mr.
Grogan seconded the motion. The minutes were approved with a unanimous vote in favor.
111. REGULAR AGENDA
1. Case V 99 -01
Variance Request to Construct a Roofed, Carport-Type Cover
Extending into the Setback
1110 Burkburnett Road
Applicant: Syd Litteken,- Architect
Property: 1110 Burkbumett Road, Lot 1-A, Block 8, Original Townsite
Requested action: Variance
Purpose: To allow a roofed metal cover to extend 12 feet into the front 25
BOARD OF ADJUSTMENT • PAGE 1
foot setback. The carport-like structure will be used to create a
covered area for the loading and unloading of commercial
vehicles.
Existing Land Use: Commercial linen service
Zoning: Heavy Commercial
Surrounding Land Use
& Zoning: North: Vacant, HC
South: Outdoor Storage (pipe), RMU
East: Warehouse, residences, RMU
West: Vacant, railroad tracts, HC
Commentary:
The applicant plans to build a carport-like structure to protect trucks while loading and unloading.
He is requesting a variance so the roof can cantilever 12' -0" over the 25 foot building limit line.
The attached drawing shows that no columns will be placed over the 25' building limit line. In a
Heavy Commercial zoning district, all walls and supporting columns must be setback 25 feet from
the front property line. A roof can project into the setback only two feet.
Special Conditions/Hardships:
The applicant has cited the following special conditions. Staffs response follows each comment:
"The original building was constructed in 1952 for a laundry building and was constructed 26'
behind the building limit line giving it a 51' -0" front yard with anticipation of future development.
Additionally, a 100 foot right -of -way originally dedicated for the Old Burk Road, which
encompasses a drainage easement on the west side in front of National Linen, was established for
future growth and truck traffic out of downtown toward Burkburnett."
Response: The 900 foot wide right -of -way could be considered a special condition. The
site plan shows that the property line is 40 feet from the edge of the roadway.
The usual distance from the edge of the roadway to the property line is 92
feet. The property line is 28 feet farther from the street than usual.
The existing pavement is only 20 feet wide. Even if the street were widened,
to the maximum required by the Thoroughfare Plan (36 feet for a local
commercial street), the property line would still be 20 feet from the curb.
"The 100' right -of -way was never used for enlargement of Old Burk Road. Emphasis on truck
traffic was shifted to Eastside Drive with its dedication, widening, and bridge expansion and later
closure of the Burnett Street bridge. These events rendered Old Burk road unusable for major
traffic and future development."
Response: The Thoroughfare Plan requires only 60 feet of right -of -way for this portion of
Burkburnett Road. There are no plans for widening of this section at this time.
"The purpose of an RMU district by ordinance is to accommodate activities of residential and
commercial uses. Although the owner has not been deprived of rights enjoyed by others, he has
been restricted by the narrow street and the undevelopment for years, which is not
accommodating to the activities of the business. Over the last 40 years, national linen has, at its
BOARD OF ADJUSTMENT • PAGE 2
own expense, maintained 40' of row, replaced drainage culverts and reconstructed concrete drives
and approaches which are on the city right -of- way."
Response: Maintenance of right -of -way is not a hardship. A property owners is required
at their expense to maintain the right -of -way and to maintain drives,
approaches and those elements which relate to such.
"Because there has been no development, no special privilege has been denied by the ordinance
to any land structure or buildings in this RMU district."
Response: There have been no other variances requested in this area. Lack of
development should not be considered a special condition.
Analysis:
The excess right -of -way in front of this lot could be a special condition /hardship. Such width
causes the buildings to be set back from the edge of the roadway 20 feet more than would be
typical in other locations within a Heavy Commercial zone. A 12 foot encroachment here will still
leave a larger setback than what would normally be found on other sites with a 25 foot setback.
Recommendation:
Staff recommends that this variance be approved, as special conditions may exist.
Mr. Seese reviewed the particulars of the staff report for the Board. He reminded the Commission
that the variance request is only for the 10 foot carport-like overhang and not the pole placement.
Chairman Hanold asked Mr. Seese for clarification of the elevation view in the agenda book. Mr.
Seese explained the sketch showing the various overhangs, carport structure, BLL, etc.
Mr. Syd Litteken was sworn in by Chairman Hanold.
Mr. Litteken, architect and general contractor, stated that there is construction in progress to take
advantage of the compatible weather. He clarified matters by stating there is an existing building
permit for construction behind the BLL. He explained that his client, National Linen, primarily
services the health care industry. Federal requirements state areas of loading /unloading must be
covered.
Mr. McKinney made a motion to grant the variance for the property at 1110 Burkburnett Road. Mr.
Grogan seconded the motion. The variance passed with a unanimous vote in favor.
IV. ADJOURN
The meeting was adjourned at 1:40 p.m.
Rainer Hanold, Chairman
BOARD OF ADJUSTMENT • PAGE 3
RECEIVED IN
CITY CLER?K'S OFFICE
Date c;2,
RV __ - -- - -Time