HomeMy WebLinkAbout08/12/1975 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
Zoning Board of Adjustment
August 12, 1975
7:00 P.M.
MEMBERS PRESENT: Chairman Wayne Etter; Members Mike Weiss, Kathy Leabo, Larry
Ringer; Building Official Bill Koehler; Assistant Planner
Chris Longley; City Attorney Neeley Lewis
MEMBERS ABSENT: Col. Glen Jones
VISITORS PRESENT: See guest register.
The meeting was called to order at 7:00 p.m.
Agenda Item No. 1 -- Approval of the minutes of the meeting of June 24. 1975. Mr.
Ringer moved that the minutes be approved. The motion was seconded by Mr. Weiss
and unanimously approved.
Agenda Item No. 2 -- Consideration of a request for variance by James Earle.
407 Timber. Mr. Koehler described the nature of the request. Mr. Earle
explained his proposed plan.
Mr. Hennigan, an adjacent owner, stated that the proposal was not objectionable
to him.
Mrs. Leabo stated that other homes and structures in the neighborhood had been
built prior to the present ordinance to lesser setback requirements and moved
that a variance be granted to allow the proposed construction, 8'-4" beyond
the rear building line. The motion was seconded by Mr. Weiss and unanimously
approved.
Agenda Item No. 3 -- Consideration of a request for variance by Chi-Chi Restaurants,
1500 Texas Avenue South. Mr. Koehler explained the nature of the request. Mr. Lewis
explained the City's position in a situation where permits had been granted in
error.
Mr. Ringer pointed out that the proposed sign was less environmentally detrimental
than the existing sign and for that reason moved that a variance be granted
allowing the construction of a second detached sign on the plot, which would be
installed in the place of the "Quality Inn" sign. The motion was seconded by
Mrs. Leabo and unanimously approved.
Agenda Item No. 4 -- Consideration of a request for variance by Edwin Pi1Qer.
400 University Drive. Mr. Koehler explained that the existing sign was too near
the street and that there were two signs on the plot. Mr. Pilger stated that there
was a change in management of the business and that he intended to replace a
portion of the sign with a section identical in size and shape, but with the
new company name.
Mrs. Arnold, an adjoining neighbor, said that she could see no reason why the
sign should not be replaced as proposed.
Mrs. Leabo pointed out that, as it was not the intention of the City to remove
the sign, there should be no reason not to allow its use by changing the name of
the business.
MINUTES, Zoning Board of Adjustment
August 12, 1975
Page 2
Mr. Ringer moved that the variance be granted to allow replacement of that portion
of the sign which bears the name of the business. The motion was seconded by
Mrs. Leabo and unanimously approved.
Agenda Item No. 5 -- Other business, Mr. Koehler stated that a case had arisen
which required that the effect of a variance be clarified. Mr. Lewis explained
that the ordinance could be interpreted to mean that a variance would be
necessary each time that a building permit was issued on a non-conforming
structure, or it could be held to mean that once a non-conforming structure was
recognized by the granting of a variance, further permits within that specific
structure for work which was, in itself, in conformity could be granted admini-
stratively.
Mr. Koehler asked the Board for review of his decision to interpret the granting
of a variance for a non-conforming structure to mean that further permits on the
same structure could be issued when the proposed construction did not increase
in -any way the extent of the non-conformity and was for work which was in
compliance with all applicable codes and ordinances.
The Board concurred in this interpretation. Chairman Etter set the date of the
next meeting for August 19, 1975 at 7:00 p.m. to consider variance requests from
The Hamilton Company for buildings at 1331 FM 2818 and 1401 Highway 30.
Agenda Item No. 6 -- Ad3ourn. Mrs. Leabo moved that the meeting be adjourned.
The motion was seconded by Mr. Weiss and unanimously approved.
APPROVED
Chairman
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CALLED ZONING BOARD OF ADJUSTMENT
August 12, 1975
7:00 P.M.
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