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Home My WebLink AboutMin - 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 =: .WL11 _ ]FLILWX--- arrow teazldnr Ob O N � ' ito �f g la Y8 'ON ONIB OOOIINO.LiOJ ZLYffN bmtmp I8• I jYLN _ • XAOYO 4 .tllTY .af _ _ _ a I a Y Y � I O 6y =: .WL11 _ ]FLILWX--- arrow teazldnr Ob O N � ' la I8• =: .WL11 _ ]FLILWX--- arrow teazldnr Ob O X Cut here 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 H rt