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HomeMy WebLinkAboutMin - Board of Adjustment - 2010 - 01/04 - RegularBOARD OF ADJUSTMENT SIGN CONTROL BOARD BUILDING AND STANDARDS Regular Meeting CITY OF ALLEN January 4, 2010 Board Members Present: Gene Autrey Joel Hemphill Alexander Kirk Barbara McNutt Deborah Angell Smith Todd Moore, Alternate Thomas Wierzbicki, Alternate Board Members Absent: None City Staff Present: Ogden `Bo" Bass, AICP, Director of Planning & Development Kevin Laughlin, Attorney Tiffany McLeod, Planner Call to Order and Announce a Quorum is Present: With a quorum of the Board Members present, Deborah Angell Smith called the meeting to order at 7:00 p.m. in the City Hall Council Conference Room at Allen City Hall, 305 Century Parkway Regular Agenda Agenda Item #1: Public Hearing — Conduct a Public Hearing and consider a request for a variance from the setbacks required in Section 4.15.3, of the Allen Land Development Code, by Twin Creeks Warehouse Venture, LP, along Bossy Boots Drive and Watters Road, in order to bring the property into compliance. The property is described as Twin Creeks Business Center Phase L Lot 1, Block A. 1303, 1305 and 1307 N Watters Road. Tiffany McLeod, Planner, presented the item to the Board. The property is a part of Planned Development 54 and is currently zoned Industrial Technology IT Originally the property was zoned 1 PD 54 Office Technology OT, but was rezoned when the PD was amended in 2002. Included in that BOARD OF ADJUSTMENT SIGN CONTROL BOARD BUILDING AND STANDARDS January 4, 2010 PAGE amended ordinance were setback requirements for the IT district. Staff has interpreted the minimum front yard setback along Bossy Boots Drive to be 80 ft. The survey provided by the applicant shows the northernmost point of the building located 89 feet away from the property line. Therefore staff does not believe there is an encroachment along Bossy Boots Drive. A different interpretation of the PD zoning and ALDC, however, could affect how the setback distance is determined. The development regulations for this property states that the building setback is 80 feet if the roadway is less than 100 feet in width and 100 feet if the roadway is over 100 feet in width. The width of the main lanes of Bossy Boots Drive is less than 100 feet. However, Bossy Boots Drive at the intersection of Watters Road is over 100 feet in width. The City's current ALDC standards do not stipulate whether roadway width should be measured at the main lanes or at intersections. Therefore the applicant is requesting a variance to the setback along Bossy Boots Drive, as a level of caution, to ensure a future interpretation of the budding setback does not affect the property's compliant status. Staff is amenable to the applicant's request. The required building line setback along Watters Road is 100 feet. In 2006 the Final Plat and the Site Plan were approved. Both drawings identify this building setback and show the building along Watters Road behind the setback line. Construction for the project began in 2007 It is assumed that during that time field errors were made which caused the building to encroach into this setback line. However, these errors were not identified prior to a Certificate of Occupancy being issued by the City The encroachment along Watters Road is 3.2 feet and is considered minor in this case. The City has been aware of the encroachment since 2008 and does not plan to take enforcement action. However, due to difficulties with insurance and financing the applicant is requesting a variance in an effort to bring the property into compliance. Staff recommends approval Board Member Smith asked if there was an error on the City's part in approving the plans. Tiffany McLeod answered that staff believes the contractor and the City made oversights. Ogden "Be" Bass stated that after reviewing the plans it can be determined that the error was made in the field. Mr. Bass made a clarification to the presentation. Only the facade elements are encroaching into the building setback. Chairman Kirk questioned whether staff plans to amend the ALDC to specify where the setback should be measured from. Mr. Bass answered that staff does have plans to amend the ALDC within the next two or three months. Chairman Kirk opened the Public Hearing. Bill Dahlstrom, applicant representative, 901 Main Street, Allen, spoke in favor of the variance request. He stated that this is essentially a clean up item. BOARD OF ADJUSTMENT SIGN CONTROL BOARD BUILDING AND STANDARDS PAGE 3 January 4, 2010 With no one else wishing to speak, Chairman Kirk closed the Public Hearing. MOTION: Upon a motion by Board Member Smith and a second by Board Member McNutt, the Board voted 7 FOR 0 OPPOSED to approve the request for a variance from the setbacks required in Section 4.15.3, of the Allen Land Development Code, by Twin Creeks Warehouse Venture, LP, along Bossy Boots Drive and Watters Road, in order to bring the property into compliance. The Motion Carried. Adjournment Motion: Upon a motion by Board Member Hemphill and a second by Board Member Autrey the Board voted 7 IN FAVOR, and 0 OPPOSED to adjourn the meeting at 7:15 p.m. These minutes approved this day of C." 2010. Ale anx d re Kirk, Chairman Tiff y cLe fanner 0