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AGENDA ITEM NO. 4: Public hearing, presentation, possible action on an Appeal to the
Zoning Official's Interpretation to the Unified Development Ordinance, Section 7.4 Signs for a
) proposed sign for the property located at 1063 Texas Avenue,Lots 11 & 12. Block 3, College Hills
Subdivision. Case#07-00500288
Staff Planner Jason Schubert presented the staff report and stated that the applicant is requesting the
appeal to the interpretation to allow the proposed sign, a 3D chili pepper, to be installed on the basis of
a different interpretation of the sign regulations.
Chairman Goss opened the public hearing.
Robert Montgomery, 213 Crepe Myrtle Lane, Murphy Texas stepped before the Board speaking in
favor of the variance. Mr. Montgomery was sworn in by Chairman Goss.
Chairman Goss closed the public hearing.
Mr. Richards motioned to uphold the interpretation made by the Administrator to interpret
Section 7.4 of the Unified Development Ordinance in the following manner: The interpretation meets
the Ordinance by not protruding over one foot from the canopy. Mr. Benn seconded the motion,
which passed unopposed (5-0).
AGENDA ITEM NO. 5: Consideration and possible action to remove from the table a
variance to the Unified Development Ordinance, Section 7.4 Signs for the property located at
1063 Texas Avenue,Lots 11 & 12,Block3, College Hills Subdivision. Case #07-00500236
This item no longer needed to be considered.
AGENDA ITEM NO. 6: Presentation, possible action and discussion on a variance to the
Unified Development Ordinance, Section 7.4 Signs for the property located at 1063 Texas
Avenue, Lots 11 & 12,Block 3, College Hills Subdivision. Case#07-00500236
This item no longer needed to be considered.
AGENDA ITEM NO. 7: Public hearing, presentation, possible action and discussion on a
variance to the Unified Development Ordinance, Section 5.8 A.2.A regarding signs in the
Corridor Overlay District for 1100 University Drive East, Lot 1, Block 1 Wheeler Subdivision
Phase 2. Case#07-00500148
This item was pulled by the applicant prior to the start of the meeting.
AGENDA ITEM NO. 8: Public hearing, presentation, possible action, and discussion on a
variance request for a Floodway encroachment from Section G (1) of the Flood Protection
Ordinance prohibiting encroachment into designated floodways at 1601 Stallings Drive — Oaks
Park. Case#07-00500243
City Engineer Alan Gibbs presented the staff report and stated that the applicant is requesting the
variance in order to install a covered pavilion and reconstruction of the basketball court. Mr. Gibbs
gave details to the Board of the work planned for the area.
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He stated that in order for this project to go forward as stated in Chapter 13, Section 5-G — Special
Provisions for Floodways, a variance must be granted for the encroachment in the floodway and a flood
study done showing a zero rise. He ended by saying the applicant hired a firm to conduct the flood
study and it has been done and he has recognized it as being adequate.
Chairman Goss stated that the Board grants variances if there is a special condition or hardship and if it
is a financial hardship they can not consider it. Mr. Gibbs stated that the distinction here would be that
the basketball court and restrooms exits today.
Chairman Goss opened the public hearing.
With no one speaking before the Board, Chairman Goss closed the public hearing
Mr. Benn motioned to approve a variance from the terms of this Ordinance because undue
hardship on the owner will result from strict compliance with those requirements, to wit: there is no
suitable location in which to move the pavilion out of the floodplain; and because: special
circumstances or conditions affect the land involved such that the strict compliance with the provisions
and requirements of this chapter will deprive the applicant of the reasonable use of his land, to wit: the
property is almost entirely in the floodplain; the variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant, to wit: the ability of its citizens to safely use
the property. Mr. Richards seconded the motion, which passed (4-1). Mr. Braune voting against
granting the variance.
AGENDA ITEM NO: 9: Public hearing, presentation, possible action and discussion on
variances to the Unified Development Ordinance, Section 7.4 for 1500 Harvey Road, Block 1,
Lots 4-A,4-C, and 5-A of the Post Oak Mall Subdivision. Case# 07-00500268
This item was pulled by the applicant prior to the start of the meeting
AGENDA ITEM NO. 10: Public hearing, presentation, possible action, and discussion on a
variance to the Unified Development Ordinance, Section 7.2 I regarding the number of off-street
parking spaces required at 4304 Harvey Road, for a portion of Lot 1, Block 1, Harvey Hillsides
Subdivision. Case#07-00500270
The Board moved to Agenda Item 11 due to the applicant not being present for this item.
AGENDA ITEM NO. 11:: Public hearing, presentation, possible action, and discussion on a
variance from the Unified Development Ordinance, Section 5.2as it relates to the front setback
form 3105 Freneau Drive,Lot 1,. Block 1 of the Sweetland Subdivision. Case#07-00500284
Staff Planner Lindsay Boyer presented the staff report and stated that the applicant is requesting the
variance to reduce the front building setback line from 50-feet to 35-feet for the construction of a new
home.
Chairman Goss opened the public hearing.
Those speaking in favor of the variance request:
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