Min - 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.
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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.
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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
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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.
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