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Home My WebLink AboutMin - Board of Adjustment - 2012 - 09/10 - Regularrv�� BOARD OF ADJUSTMENT SIGN CONTROL BOARD BUILDING AND STANDARDS COMMISSION Workshop and Regular Meeting CITY OF ALLEN September 10, 2012 ATTENDANCE: Board Members Present: Gene Autrey, Chairman Deborah Angell Smith, l" Vice Chair Kimberly Clarkson Joel Hemphill Thomas Wierzbicki Ken Barry, Alternate Michael Freiberger, Alternate City Staff Present: Ogden "Bo" Bass, AICP, Director of Community Development Lee Battle, AICP, Assistant Director of Community Development Kurt Kasson, Chief Building Official Tiffany McLeod, Senior Planner Patrick Blaydes, Planner Shelby Griffin, Planner Kevin Laughlin, Attorney Workshop Meeting Staff and Board self -introductions were 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 July 2, 2012 Workshop Meeting. Motion: Upon a Motion by 1" Vice Chair Smith and a Second by Board Member Hemphill, the Board voted as follows to approve the minutes from the July 2, 2012 Board of Adjustment Workshop Meeting: • Gene Autrey — For • Deborah Angell Smith — For • Thomas Wierzbicki — For • Joel Hemphill — For • Kimberly Clarkson — For The Motion Carried. 2. Approve minutes from the April 23, 2012 Workshop and Regular Meeting. BOARD OF ADJUSTMENT SIGN CONTROL BOARD SEPTEMBER 10, 2012 PAGE 2 Motion: Upon a Motion by 1" Vice Chair Smith and a Second by Board Member Hemphill, the Board voted as follows to approve the minutes from the April 23, 2012 Board of Adjustment Workshop and Regular Meeting: • Gene Autrey—For • Deborah Angell Smith — For • Thomas Wiembicki — For • Joel Hemphill — For • Kimberly Clarkson — For The Motion Carried. Reeular Aeenda Agenda Item #3: Board of Adjustment Public Hearing — Conduct a Public Hearing and consider a request for a variance to relocate a portion of an existing fence into the front yard. The property is located at 1991 Verde Court, City of Allen, Texas Tiffany McLeod, Senior Planner, presented to the Board The subject property is 1991 Verde Court. The applicant is requesting a variance to relocate a portion of an existing fence into the front yard. The reason for the request is due to the fact that the property is located on a cul-de-sac. The applicant desires to relocate the fence in order to increase the size of the fenced area. Ms McLeod explained that the Allen Land Development Cade prohibits the placement of a fence within the front yard of a property The zoning for the property specifies a minimum front yard setback of 25 feet The Final Plat for the property shows a building setback of 25 feet from the property line, extending along the entire portion of the lot abutting Verde Court. Ms McLeod stated that staff recommends denial of the request Chairman Autrey clarified that the existing fence is located behind the building setback line. Ms. McLeod stated that the fence is currently behind the 25 foot building setback line. Alternate Board Member Freiberger inquired about the irregular lot shape being considered a hardship. Ms. McLeod stated that cul-de-sac lots are found throughout the city and we not considered a unique condition. Board Member Clarkson inquired about the reason for the updated application. Ms. McLeod explained that the original application that was submitted was the old application for the Board of Adjustment. The applicant submitted an updated application at the request of City staff. Chairman Autrey opened the Public Hearing. Donald Adams, 1991 Verde Court, Allen, TX, applicant, addressed the Board. He explained the purpose for his request. BOARD OF ADJUSTMENT SIGN CONTROL BOARD SEPTEMBER 10, 2012 PAGE 3 Alternate Board Member Freiberger asked Ms. McLeod if there were any limitation for where the applicant could build a pool on the lot. Ms. McLeod stated that it would have to be behind the front building setback line Board Member Clarkson inquired about whether or not an above the ground pool is considered a structure Ms. McLeod stated that an above the ground pool would be considered a structure. Board Member Clarkson asked for clarification of a "reasonable use,' Kevin Laughlin, City Attorney, explained that a reasonable use does not mean every possible use. A reasonable use offers a property owner to be able to use their property for its intended purpose, in this case, as a residence. Alternate Board Member Freiberger inquired about the rear building setback line and whether or not a pool could be located within that area. Kurt Kasson, Chief Building Official stated that a pool could encroach on the rear yard setback. Chairman Autrey announced that the following people submitted written responses of support: Colin Delaney, 1988 Verde Court. Je Ong, 1993 Verde Court. Mudim, 1986 Verde Court. Paul Belmore, 1992 Verde Court, Steven Moyer, 1995 Verde Court. William Antes, 1994 Verde Court With no one else wishing to speak, Chairman Autrey closed the Public Hearing. Motion: Upon a Motion by V Vice Chair Smith and a Second by Board Member Wierzbicki, the Board voted as follows to deny the request to grant a Variance to relocate a portion of an existing fence into the front yard for the property located at 1991 Verde Court: • Gene Autrey—For • Deborah Angell Smith — For • Thomas Wierzbicki — For • Joel Hemphill — For • Kimberly Clarkson —Against The Motion Carried. Agenda Item q4: Sign Control Board Public Hearing — Conduct a Public Hearing and consider a request to increase the allowable copy area and height of a menu board. The property is located at 810 W Stacy Road, City of Allen, Texas. Tiffany McLeod, Senior Planner, presented to the Board The property is located at the northwest corner of Stacy Road and U.S. Hwy 75; also known as 810 W Stacy Road. The applicant (Taco Cabana) is requesting an increase in the allowable menu board height to eight (8) feet and increase in the allowable copy area to 29.6 square feet Ms. McLeod informed the Board that the ALDC permits menu boards with the following size regulations BOARD OF ADJUSTMENT SIGN CONTROL BOARD SEPTEMBER 10, 2012 PAGE 4 • The maximum menu board height = 6 feet • The maximum copy area = 24 square feet Ms. McLeod explained the purpose of having sign regulations is to create an equal and balanced playing field for advertising throughout the City of Allen. She added that most recently permitted menu boards meet the ALDC requirements. Ms. McLeod stated that staff recommended denial of the request. Alternate Board Member Barry inquired why most menu boards, but not all meet the standards of the ALDC. Ms. McLeod clarified that some menu boards were permitted prior to the current sign ordinance being adopted. Board Member Wierzbicki clarified that the copy area is calculated by using the sign panels only Ms. McLeod agreed. I" Vice Chair Smith inquired about the possibility for a pre -menu board sign. Ms. McLeod stated that by policy, pre -menu boards are allowed. Chairman Autrey opened the Public Hearing. Zeke Bullock, 4250 Action Drive, Mesquite, TX, applicant, spoke to the Board Chairman Autrey asked if the panels are removable. The applicant stated that the menu board panels are removable and be changed. Board Member Wieabicki asked for clarification that the existing menu board on site meets the ALDC standards. Ms. McLeod stated that the existing menu board does meet the requirements of the ALDC. Chairman Autrey asked if there are other ways to make the copy legible without increasing the area. Ms. McLeod stated that she believed there are opportunities to accomplish this With no one else wishing to speak, Chairman Autrey closed the Public Hearing. Motion: Upon a Motion by Board Member Hemphill and a Second 1" Vice Chair Smith, the Board voted as follows to deny the variance request to increase the allowable copy area and height of the menu board for Taco Cabana: • Gene Autrey—For • Deborah Angell Smith—For • Thomas Wieabicki—For • Joel Hemphill — For • Kimberly Clarkson — For The Motion Carried. F BOARD OF ADJUSTMENT SIGN CONTROL BOARD SEPTEMBER 10, 2012 PAGES Adiournmen[ Motion: Upon a motion by Board Member Hemphill and a second by 1" Vice Chair Smith the Board voted 5 I FAVOR, and 0 OPPOSED to adjourn the meeting at 7:45 p.m. These Omni# plepared and filed in the offices of the Allen Board of Adjustment, Sign Control Board, and ddi d Standards Commission this Z'a'r day of 5_�!/L 2012. B ss, AICP, Director of y Gri p , lani�a , Development G Theseales approvtd Is '5 )r day of 6UGW 6, 2012. Gelfe A trey, iairmanSelby r' m, l� 0