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HomeMy WebLinkAboutMin - Board of Adjustment - 2012 - 03/05 - Regular;7�� BOARD OF ADJUSTMENT SIGN CONTROL BOARD BUILDING AND STANDARDS COMMISSION Workshop and Regular Meeting CITY OF ALLEN March 5, 2012 ATTENDANCE: Board Members Present: Gene Autrey, Chairman Deborah Angell Smith, I" Vice Chair Ken Barry, Alternate Joel Hemphill Thomas Wierzbicki Board Members Absent: Kimberly Clarkson Michael Freiberger, Alternate City Staff Present: Ogden "Bo" Bass, AICP, Director of Community Development Lee Battle, AICP, Assistant Director of Community Development Patrick Blaydes, Planner 1 Shelby Griffin, Planner Kevin Laughlin, Attorney Tiffany McLeod, Senior Planner Workshop Meeting Orientation training was held at 6:30 p.m. in the Council Conference Room. Regular Meeting Call to Order and Announce a Quorum is Present: With a quorum of the Board Members present, Chairman Autrey called the meeting to order at 7'00 p.m. in the City Hall Council Chambers at Allen City Hall, 305 Century Parkway Consent Aeenda 1. Approve minutes from the December 5, 2011 Board of Adjustment meeting. Motion: Upon a Motion by I" Vice Chair Smith and a Second by Board Member Hemphill, the Board voted as follows to approve the minutes from the December 5, 2011 Board of Adjustment meeting: • Gene Autrey — For • Ken Barry—For • Joel Hemphill — For • Deborah Angell Smith — For • Thomas Wierzbicki — For The Motion Carried. BOARD OF ADJUSTMENT SIGN CONTROL BOARD BUILDING AND STANDARDS COMMISSION PAGE 2 March 5, 2012 Reeular Aeenda Agenda Item #2: Conduct a Public Hearing and consider a request to appeal the Administrative Officer decisiordinterpretation of the Allen Land Development Code, Appendix A — Definitions; for Firearms Sales and Service. The property is described as Allen Towne Center, Lot 3R and is located at 204 North Greenville Avenue, Suite 200, Allen, Texas. Ogden "Bo" Bass, Director of Community Development, presented to the Board. The subject property is located at 204 N. Greenville Avenue. Mr. Bass explained that the applicant is requesting to appeal the Administration Officer's decision of the definition of Firearms Sales and Service in the Allen Land Development Code (ALDC). Mr. Bass read the definition of Firearms Sales and Service from the ALDC to the Board and explained that, after discussing the definition with the City Attorney and meeting with the applicant, staff considers Cool Toys LLC dba Gun Kings to fall within the Firearms Sales and Service use category He explained that the ALDC states that under no circumstance can Firearms Sales occur within 1,000 feet of a school. He recommended that the Board deny the applicant's request. 1" Vice Chair Smith inquired about the issuance of the Certificate of Occupancy Mr Bass explained that it would have been better if during the review process staff had asked more questions and the applicant had volunteered more information; however, he reminded the Board that the case being considered is an appeal of a decision made by an administrative officer on whether or not the applicant's sale of firearm related gun equipment falls with the Firearm Sales and Services definition. Chairman Autrey opened the Public Hearing. John Nissley, applicant, addressed the Board. He described his business as selling the parts and accessories for guns. He admitted that the ALDC is clear and that his operation is in violation of the law. Mr Nissley stated he thought that after receiving the Certificate of Occupancy his business was able to operate. Chairman Autrey asked the applicant about the percentage of online sales as compared to retail sales at his store Mr. Nissley stated 75% of sales occur through the Internet. Chairman Autrey asked about the name of the business. Mr Nissley stated that the Certificate of Occupancy included the name as Cool Toys LLC dba Gun kings. He mentioned that there could have been more information volunteered for the Certificate of Occupancy Chairman Autrey asked the applicant if he had been in discussion with his leasing company and if they had any other property in the City of Allen. Mr. Nissley stated that he had been discussing with his leasing company and have not received any written agreement. He added that they do not have other leasing property in Allen. Board Member Barry asked the applicant if he was aware of any regulations on firearms or if he inquired about anv such regulation. Mr. Nissley informed the Board that he assumed that if a seller is only selling parts for firearms and not fully assembled guns, the firearm regulations would not apply L BOARD OF ADJUSTMENT SIGN CONTROL BOARD BUILDING AND STANDARDS COMMISSION March 5, 2012 PACE 1" Vice Chair Smith questioned Mr. Nissley about his business selling knives. He stated his business does sell knives. Chairman Autrey inquired about the applicant doing repair or installation. Mr. Nissley stated that his operation can do firearm repair in special circumstances. With no one else wishing to speak, Chairman Autrey closed the Public Hearing. Mr Bass offered to describe the Certificate of Occupancy to the Board. He mentioned that the business name was included on the Certificate of Occupancy and was described as a retail use. Mr. Bass reminded the Board that the case before them has to do with whether or not the applicant's business falls into the Firearms Sales and Service definition of the ALDC. Motion: Upon a Motion by Board Member Hemphill and a Second by Board Member Barry, the Board voted as follows to deny the request to appeal the Administrative Officer decision/interpretation of the Allen Land Development Code, Appendix A — Definitions; for Firearms Sales and Service for the property located at 204 North Greenville Avenue, Suite 200, Allen, Texas: • Gene Autrey — Against • Joel Hemphill — For • Deborah Angell Smith — For • Thomas Wiembicki—For �a • MkheeFFreibergtr—For Ke%O`x J ® The Motion Carried. Adiournment Motion: ,,-Jpon a motion by I't Vice Chair Smith and a second by Board Member Hemphill / fhe Board voted 5 IN FAVOR, and 0 OPPOSED to adjourn the meeting at 8:00 p.m. nm s p epared and tiled in [he offces of the Allen Board of Adjustment, Sign Control Board, it g d tandards Com n [his c� i"� day of Qv c 2012. ii. `Bo"lifass, AIC , [rector of e by Griffin anrt mity Development �� dJ These 'hutes approved his 3 day of 2012. � Gee utr , Chairma elby Griffin, Pla er