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HomeMy WebLinkAboutMin - Board of Adjustment - 1999 - 04/26 - Special CalledATTENDANCE: Board Members Present: Galen Clay Robert Engle Bill Roberge, Chairman David Pratt Jeff Cocking Board Members Absent: None City Staff Present Marcie Diamond, Senior Planner Pam Conway, Secretary Tom Keener, Development Coordinator Bret McCullough, Building Official Jason Marshall, City Attorney's Office CALL TO ORDER AND ANNOUNCE A OUORUM: With a quorum of the Board Member's present, Chairman Roberge called the Allen Board of Adjustment to order at 7,39 p.m , at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. ELECTION OF OFFICERS ALLEN BOARD OF ADJUSTMENT Election of Officers was held. Bill Roberge was nominated as Chairman, and Jeff Cockling was SPECIAL, CALLED MEETING APRIL 26, 1999 ATTENDANCE: Board Members Present: Galen Clay Robert Engle Bill Roberge, Chairman David Pratt Jeff Cocking Board Members Absent: None City Staff Present Marcie Diamond, Senior Planner Pam Conway, Secretary Tom Keener, Development Coordinator Bret McCullough, Building Official Jason Marshall, City Attorney's Office CALL TO ORDER AND ANNOUNCE A OUORUM: With a quorum of the Board Member's present, Chairman Roberge called the Allen Board of Adjustment to order at 7,39 p.m , at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. ELECTION OF OFFICERS Agenda Item II Election of Officers was held. Bill Roberge was nominated as Chairman, and Jeff Cockling was nominated for Vice Chairman. Approve Minutes Agenda Item III March 3, 1998 Chairman Roberge read the agenda item into the record as fallows- "Approve minutes of March 3, 1998, Regular Meeting." It was noted that on page 3 of the minutes there were two corrections. Ms Pam Conway noted that they would be corrected. Motion: Upon a motion by Board Member Clay and a second by Board Member Engle, the Board voted 5 FOR and 0 OPPOSED to approve the minutes as revised. The motion carried. BOARD OF ADJUSTMENT APRIL 26,1999 REGULAR MEETING PUBLIC HEARING Exxon Company U.S.A. Agenda Item IV Chairman Roberge read the agenda item into the record as follows: "Consider a request by Exxon Company U.S.A., for a variance to Section 3.05 of the Comprehensive Zoning Ordinance No. 1425-5-96, to reduce the landscape buffer from 25 to 15 feet along U.S. 75. The property is .573 ± acres of land located in the William Perrin Survey, Abstract No 708, being a part of Lot 4, Block 8 of the Whisenant Addition, City of Allen, Collin County, Texas; further described as being located at 201 Central Expressway South." PAGE Mr Keener administered the following oath to persons listed below who intended to testify during the hearing "Each of you do solemnly swear or affirm that the testimony you shall present in this proceeding shall be the truth and nothing but the truth, so help you God." Mr. Robert Stengele USA Professional Group 8700 Stemmons Freeway, Suite 400 Dallas, TX 75247 Mr. Keener, Development Coordinator, stated an Exxon service station was constructed on this site in 1968 and is now vacant. He described the surrounding uses. He also stated that this property was developed prior to the 25 -foot landscape requirement that was enacted in 1996. Mr. Keener noted that Exxon Corporation wishes to redevelop their property and build a new facility and is requesting that the 25 -foot landscape setback be reduced to 15 feet. Mr. Keener recommended that the Chairman execute a Resolution as part of any motion. Chairman Roberge opened the Public Hearing Mr. Robert Stengele stated that the City is requiring right-of-way (R.O.W.) and right tum lane dedication on McDermott, which further reduces the property. He stated that it would be about a 20 percent further reduction if they have to use the 25 ft landscape easement. Mr. Stengele stated that he is proposing a 15 ft. landscape easement and that the landscape materials would be more dense than the City requires, to help off -set the landscape setback reduction On McDermott they have opted for a 10 ft. landscape buffer, and screening at the entry is being provided Additional landscaping has been added at the rear of the building also He requested approval of the variance. Board Member Engle questioned if there would be a convenience store, and Mr. Stengele stated that there would be. EWith no one wishing to speak, the Public Hearing was closed. BOARD OF ADJUSTMENT PAGE APRIL 26,1999 Board Member Clay asked to have clarified the reason for the request. Mr. Keener stated that the property is vacant and is being redeveloped and therefore the City's policies and ordinances shall govern. Chairman Roberge questioned if the entire landscape setback would be 15 ft. all along U S 75. Mr. Stengele stated that was correct. Chairman Roberge asked what is required landscaping versus what is being done (referring to the "denseness" of landscaping). Mr. Stangle stated there would be Live Oak and Pin Oak trees along the front, some Holly Bushes, seasonal color and also listed some other plants he recalled was being planted. He stated that the low- lying landscaping would be over and above the required. Mr. Keener stated that currently one shade tree is required for every 50 ft. of frontage on anv public street, and 10 shrubs shall be planted per 500 square feet of landscaped edge. Board Member Cocking noted that one particular section in the Comprehensive Zoning Ordinance appeared to be out of order. Mr. Keener stated that his advice would be taken into consideration during the revisions to the Comprehensive Zoning Ordinance. Board Member Prall questioned the right tum lane, and asked Mr. Stengele if it was a hardship? Mr. Stengele stated that yes, it is He further noted that it is making the site so small that it will be difficult to build a reasonable product. Motion: Upon a motion by Board Member Clay and a second by Board Member Prall, the Board voted 5 FOR and 0 OPPOSED to approve the requested variance to reduce the Landscape buffer from 25 to 15 feet along U.S. 75; and that this action be accomplished by resolution and such resolution should be considered adopted, and the chairman of this board is hereby authorized to sign such resolution. PUBLIC HEARING The Heights of Bethany. Ltd Agenda Item V Chairman Roberge read the agenda item into the record as follows: "Consider an appeal by The Heights of Bethany, Ltd., of the Building Official's interpretation of the use "Cleaner or laundry (self service)" in Tract 2 of Planned Development No. 22 The property is 631 ± acres of land in Lot I of The Heights of Bethany, an addition to the City of Allen, Texas; further described as being located southwest of Bethany and Allen Heights" R BOARD OF ADJUSTMENT APRIL 26, 1999 PAGE Mr. Keener administered the following oath to persons listed below who intended to testify during the hearing. "Each of you do solemnly swear or affirm that the testimony you shall present in this proceeding shall be the truth and nothing but the truth, so help you God." Bret McCullough, Building Official One Butler Circle Allen, TX 75013 Marcie Diamond One Butler Circle Allen, TX 75013 Robert Ray The Heights of Bethany 17480 No. Dallas Parkway, 4219 Dallas, TX 75287 Mr. Keener presented the item to the Board. He described the surrounding uses. He stated that this property was originally zoned in 1984. He explained that the proponent is appealing the interpretation of the Building Official regarding the adopted Schedule of Uses, which indicate the following use is allowed "Cleaner or laundry (self-service). Mr. McCullough has interpreted the Ordinance to allow for a self- service laundry or cleaner only The City of Allen Attorney, Peter Smith, concurs with Mr. McCullough's interpretation i Mr. Keener then stated that City staff recommends that the Chairman be directed to execute a Resolution as part of any motion. Chairman Roberge opened the Public Hearing Mr. McCullough stated that he wants to be sure the board understands the request before them He reminded them of their duty. He stated that he made the interpretation and that Ms. Marcie Diamond, Senior Planner and the City Attorney's office agreed with his interpretation. Ms Diamond stated that in the past, a typical cleaners was permitted in the Shopping Center district. The ordinance was revised and the cleaners with on-site cleaning facilities was removed from the retail districts. The industry has changed lately and drive-thru facilities are now being considered. The intent of this developer is to construct a cleaning plant/laundry It is staffs opinion that this use is not the same intensity as a self service cleaner or laundry use. Mr Keener presented additional written material for the board's review and consideration. Mr Robert Ray, stated that his appeal is on how they read the use. His reaction was they had never seen a self-service cleaner so they took it as cleaners and laundry as laundry He stated that in 2.Y page 9 of the distributed materials and 2 Z apply to their reasons that they feel they meet the description of the use. With no one wishing to speak, the Public Hearing was closed. Board Member Engle questioned the current definition of the use the proponent wishes to develop. Ms. Diamond stated that it is now defined as a Cleaning Plant/Laundry. BOARD OF ADJUSTMENT APRIL 26,1999 PAGE Board Member Clay clarified the current requirement for Cleaning Plant/Laundry Ms. Diamond stated that they are now required to be in an Industrial Zoning, however they have recently been allowed in some Shopping Center districts. Board Member Clay explained for the Board the difference between the on site cleaning versus the cleaning done at another location and brought back. He questioned what had been submitted regarding the precautions being taken regarding the cleaning's hazardous chemicals. Mr. Ray stated that the proponent noted their units are all self contained. Board Member Clay questioned if they are EPA approved. Ms Diamond said this issue has been reviewed and Mr. McCullough and the Fire Marshall have approved those chemical processes. Mr. Keener stated that the question is, does self-service apply to cleaner and laundry Mr. McCullough stated that it is important to remember that whether we like the use or not, this is about an interpretation. Board Member Cockling asked what the staff found in researching the item. Mr. Keener stated that minutes were researched back to the original zoning case and this was their interpretation. Board Member Clay stated that the property owner does have options if the Board supports staffs interpretation. Motion: Upon a motion by Board Member Clay and a second by Board Member Prall, the Board voted 3FOR, 1 OPPOSED and 1 ABSTAINED to support the Building Official's interpretation of the use "Cleaner or laundry (self service)". The motion FAILED due to lack of a majority. Board Member Cackling Abstained, and Board Member Engle was Opposed. Mr. Marshall, City Attorney's Office, stated that the Board can make any decision they chose. It must be 4 out of 5 vote for a majority, so the motion has failed. He noted that the appeal fails for lack of achieving any relief. He stated that this matter may be left open for discussion and another motion made, if that is the desire of the Board. Chairman Roberge questioned the Board if they wished to make an amendment and take another vote. It was agreed that no further vote would be taken. Chairman Roberge stated that the applicant has other avenues, which would be to take his request to the Planning & Zoning Commission with a request for a zoning change. 11 [1 0 BOARD OF ADJUSTMENT APRIL 26, 1999 PUBLIC HEARING Highland Homes Chairman Roberge read the agenda item into the record as follows: Agenda Item VI "Public Hearing— Consider a request by Highland Homes for a variance to Planned Development No. 31, Ordinance No. 1285-9-94, Section V for SF -3 District Regulations, 4. 1, to reduce the front yard building setback from 20 feet to 15 feet. The property is described as being Lot 1, Block E in Suncreek II, Tract 3, Phase 2B, an addition to the City of Allen, Texas, further described as being located at 303 Anderson Court. PAGE A letter requesting this item be removed from the Agenda for tonight's variance request was received and distributed to the Board Members. There was some discussion whether the item should be tabled or withdrawn. Motion: Upon a motion by Board Member Cackling and a second by Board Member Engle, the Board voted 4 FOR and 1 OPPOSED to accept the letter and Table the item; and that this action be accomplished by resolution and such resolution should be considered adopted, and the chairman of this board is hereby authorized to sign such resolution. Board Member Prall Opposed. The motion carried. Items of Interest to the Board Agenda Item VII. In response to Board Member Cockling's concern about a statement regarding landscaping in the Comprehensive Zoning Ordinance being out of order, Ms. Diamond stated that his concern would be considered. Chairman Roberge expressed concern over the way the use regulations were written in The Heights of Bethany case. Ms. Diamond stated that applicants no longer include uses that are not in the Comprehensive Zoning Ordinance, as was the case in the original zoning on The Heights of Bethany (PD22). Mr. Keener agreed and stated that only what is written shall govern. Board Member Clay requested Mr. Keener to explain the changes to the staff and who would be supporting the Board of Adjustment Mr Keener explained that Planning was separated from the Community Development Department The Planning Department will now support the Board of Adjustment. Adjourn. Motion: Upon a motion by Board Member Cackling and a second by Board Member Prall, the Board voted 5 FOR and 0 OPPOSED to Adjourn the April 26, 1999 meeting at 9:00 p.m. / These minutes approved this / 51! day of Hifrnb6rge, Chq&an