Min - Board of Adjustment - 2004 - 02/02 - RegularBOARD OF ADJUSTMENT
WORKSHOP AND REGULAR MEETING
FEBRUARY 2, 2004
ATTENDANCE:
Board Members Present.
Jeff Cocking
Robert Moreno
Edward McRoy
Robert Engle
Alexander Kirk
Steven L. Knaack
Douglas Dreggors
Board Members Absent:
None
City Staff Present:
Pam Conway, Sr. Administrative Assistant
Sally L. Leeper, Planner
Bret McCullough, Chief Building Official
David Hoover, Director of Planning, Arrived at 8:00 PM.
CALL TO ORDER AND ANNOUNCE A QUORUM:
With a quorum of the Board present, the Board of Adjustment was called to order at 6:00 p.m. by
Chairman Cocking at the City Council Chambers Conference Room, One Allen Civic Plaza, Allen, Texas.
WORKSHOP SESSION
1. Training Session — City Attorney Pete Smith provided information and a training session on
the duties of the Board of Adjustment.
MOTION: Upon a motion by Board Member Engle and a second by Board Member Kirk, the
Board voted 7 FOR and 0 OPPOSED to adjourn the February 2, 2004 Workshop
Meeting at 7:05 p.m.
REGULAR MEETING
CALL TO ORDER AND ANNOUNCE A QUORUM:
With a quorum of the Board present, the Board of Adjustment was called to order at 7,10 p.m. by
Chairman Cocking at the City Council Chambers Conference Room, One Allen Civic Plaza, Allen, Texas.
L Election of Officers — Chair, Vice -Chair
Chair
Board Member Kirk nominated Jeff Cocking for the position of Chair.
Board Member Engle nominated Ed McRoy for the position of Chair.
With no other nominations, the Board voted 2 FOR and 3 OPPOSED to elect Jeff Cocking for the
position of Chair. The vote failed.
The Board voted 3 FOR and 2 OPPOSED to elect Ed McRoy for the position of Chair. Ed McRoy
was elected Chair.
Vice Chair
Robert Engle nominated Robert Moreno for the position of Vice Chair
BOARD OF ADJUSTMENT
FEBRUARY 2, 2004 PAGE 2
With no other nominations, the Board voted 5 FOR and 0 OPPOSED to elect Robert Moreno for the
position of Vice Chair.
2. Approve minutes of December 4, 2001, Regular Meeting.
MOTION: Upon a motion by Board Member Moreno and a second by Board Member Kirk
the Board voted 5 FOR and 0 OPPOSED to approve the minutes with a change to
the approval date from 2002 to 2004. The motion carried.
Public Hearing — Consider a request by Mr. Ted Pittman of Second Century Investments to appeal
the decision of the Director of Planning & Development.
Sally Leeper, Planner, presented the request to the Board. She stated that Planned Development No. 13,
created in September, 1983, allows a Cleaner or laundry (self service) as a permitted use; however a
Cleaning Plant is not specifically listed as a permitted use and therefore not allowed. Cleaning Plants were
not allowed in Shopping Center Districts in 1983.
Ms. Leeper stated that our current ordinance for a straight shopping center district would allow a cleaning
plant, but this Planned Development Ordinance does not.
Chair McRoy questioned if the size of the plant would be a significant consideration in staffs opinion.
1 Ms. Leeper said that size was not a factor; it's not a permitted use.
Fred Silver, Representing Ted Pittman of Second Century Investments, Licensed Broker, described his
background and that of Second Century Investments. He stated they are requesting further clarification of
the Planned Development. He stated the plant could be allowed under "other retail stores and personal
stores of similar nature." as stated in Tract 12 regulations of Planned Development 13. They feel this
property should allow that use.
Ted Pittman, Second Century Investments, stated that his intent was to do a small retail strip center about 5
years ago. He believed the Planned Development would allow the plant. He also stated that it is a small
plant, and there is no danger.
Board Member Kirk requested to see a plat on the site for better review of the property A plat of the Food
Lion Addition was presented and viewed by the Board.
Board Member Kirk questioned City Attorney, Pete Smith, about the school which was now located in the
old Food Lion building Mr. Smith stated that this is not unusual for a school to locate in these sites;
however, it does not change the character of the site.
The Board continued to discuss the item, and Mr. Smith noted that to change the zoning on the property, a
request could be made to the City staff for a zoning action to be heard by the Planning & Zoning
Commission and City Council
Chair McRoy opened the Public Hearing, and asked anyone wishing to speak to come forward.
The following responses were received prior to the meeting and were read into record:
Jeannine Merritt, 815 Fairlawn St.- Opposed
Merceda Winder, 623 Eastridge— Opposed
I
BOARD OF ADJUSTMENT
FEBRUARY 2, 2004 PAGE 3
Raymond J. Johnson, 740 Fairlawn St. — Opposed
Danette Tyler, 810 Fairlawn St. — Opposed
Linda Thurman, 557 Hawthorne — Support
No one was present to speak and Chair McRoy closed the Public Hearing.
MOTION: Upon a motion by Board Member Kirk and a second by Board Member Moreno,
the Board voted 5 FOR and 0 OPPOSED to close the public hearing. The motion
carried.
MOTION: Following discussion, a motion was made by Board Member Cocking and a second
by Board Member Engle, the Board voted 5 FOR and 0 OPPOSED to affirm the
Planning Director's decision that a Cleaning Plant is not a permitted use in Tract 12
of Planned Development No. 13. The motion carried.
4. Review Board of Adjustment Bylaws and consider adoption.
The Board reviewed the Bylaws and made the following comments:
1. Adopt a procedure for alternating between the alternates for meetings, as available.
2. Participation of alternates — authorize the alternates to sit on the bench, ask questions of staff and
proponents, and discuss, but not make motions or vote.
MOTION: Upon a motion by Board Member Cocking and a second by Board Member Kirk,
the Board voted 5 FOR and 0 OPPOSED to amend the Bylaws to add the following
under Section 6, Rules of Procedure: Alternate members of the Board of
Adjustment will serve in the absence of one (1) or more regular members when
requested to do so on an alternating basis; and Alternate members may participate
in all meetings and hearing conducted by the Board of Adjustment, but shall not
make or second motions, or vote on any matter, except when serving in the absence
of a regular member. The motion carried.
Adjournment
MOTION: Upon a motion by Board Member Kirk and a second by Board Member Moreno,
the Board voted 5 FOR and 0 OPPOSED to adjourn the February 2, 2004 meeting
at 5:22 p.m. The motion carried.
These minutes approved this /ay of , 20�
Edward McRoy, Chairman Pa onway, Senior Adminis[ i e Asdistant
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BOARD OF ADJUSTMENT CASE 1/5/04-1 (Planned Development No. 13)
Members of the Board of Adjustment
I, JEANNINE NERRITT with pmperty located at 815 FAIRLAWN ST. Allen, Texas,
(NAME) (ADDRESS)
❑ Support
Y& Oppose
The appeal for the following reasons:
C � I.i., 2Yzz 1/30/04
L SIGNATURE DATE
X Cut here
BOARD OF ADJUSTMENT CASE 1/5104-1 (Planned Development No. 13)
Members of the p Board of Adjustment / pp
I, .He I�C,�lJCGI U/i `nl(of�writl, property located at E'J 3 EaJ �Ie (qQ, Allen, Texas,
(NAME) (ADDRESS)
0$uppor[
Oppose
° a aooy
SIGNATURE DATE
X Cut here
BOARD OF ADJUSTMENT CASE 1/5/04.1 (Planned Development No. 13)
Members of the Board of Adjustment
I, RAYNoNp -� property located at � NO FA IRLO} JV ST Allen, Texas,
(NAME) (ADDRESS)
❑ Support
XOPPM
The appeal for the following reasons:
1 )2y ]IV
DATE
X Cut here
BOARD OF ADJUSTMENT CASE 115104-1 (Planned Development No. 13)
Members of the Board of Adjustment c3 C
Ty ier .with property located at I a W n . Allen, Texas,
(NAME- (ADDRESS)
D Support
IVOPPM
The appeal for the following reasons:
J ct' J I1 QS3
SIGNATURE DATE
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