HomeMy WebLinkAbout12/14/1976 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
Zoning Board of Adjustment
December 14, 1976
MEMBERS PRESENT: Chairman Weiss; Members Hughey, Comstock,
Runnels, Storts; Council Liaison Ringer;
Building Official Koehler.
MEMBERS ABSENT: None
VISITORS PRESENT: See Guest Register.
1. Consideration of the minutes of the meeting of October 1976.
Hughey moved that the minutes be approved with corrections to
reflect motions and seconds made. The motion was seconded by
Comstock and unanimously approved.
2. Consideration of ~ request for variance from Fred Sicilio at
100 Moss Street. Koehler reviewed Mr. Sicilio's application, pointed out the
unusually great distance from back of curb to the side street property line,
and recommended that a five foot distance be maintained to the interior side
lot line. Mr. Sicilio explained that his site plan was in error and 'that
the setback shown had been measured. from the rear easement line rather than
from the rear property line and that the 5 feet setback from the interior side
line would be satisfactory.
,~ Hughey moved that the variance be granted as requested, with a five foot
clearance to be maintained to the side interior lot line in order to be consistent
with other construction in the area. The motion was seconded by Comstock
and unanimously approved.
3. Consideration of a request for reconstruction of a non-conforming use
from Allen Swoboda at 2601 Texas Avenue. Koehler reviewed the application
and presented photographs of the partial construction showing that there was
no effect on site distance and that the structure conformed to size and height
limitations. He explained that the owner had begun re-construction of the existing
sign without being aware of the requirement for permit for such work.
Hughey moved that the permit be granted subject to the sign being moved to
observe a 10 foot setback from the property line and the provision that the
sign will be removed when Krenek Road is widened or otherwise becomes identifiable
as a thorofare. There was no second.
Storts moved that the permit be granted as requested subject to the provision
that the sign will be removed when Krenek Road is widened or otherwise becomes
identifiable as a thorofare. The motion was seconded by Runnels and
unanimously approved.
/~. Consideration of a request for variance from Plantation Oaks Ana.rtments
at 1501 Harvey Road. Koehler reviewed the application and pointed out that a
permit could be issued for a wall as requested if there were no copy to be
placed on it. Mr. Monzell said that his permit application included removing
the existing pylon sign and that the proposed walls would present no sight
distance problem.
Weiss moved that the variance be granted. The motion was seconded by
Comstock and unanimously approved.
5. Consideration of a request for remodelling of a non-conforming use
from Michael Davis at 20% Texas Avenue. Koehler reviewed the application
and explained that the work proposed was the least which would not be
authorized as minor repairs and would not extend the limits of the existing
sign. He pointed out that the sign was less than 10 feet from the property
line and exceeded the height and area limitations. Mr. Davis presented
photographs showing that the sign did not interfere with sight distance along
the highway.
Hughey pointed out that the alternative is to leave the sign as-is and continue
its use, and that removal of lighting as proposed would be beneficial. The
proposal was not an extension of the non-conformity.
Weiss moved that the variance be granted. The motion was seconded by Hughey
and unanimously approved.
6. Consideration of a request for variance to expand a non-conforming use
from Wickes Lumber Company at 101 West Loop. Koehler said that the existing
non-conformity was apparently the result of a variance granted in 1972.
Mr. Fause explained that the addition had been constructed prior to applying
for a permit due to misunderstandings within his own organization.
Weiss pointed out that the Board must consider the variance request on its
merits without regard to the existance of the addition. Comstock
observed that the addition would have negligible impact on the extent of the
existing non conformity.
Weiss moved that the variance be approved. The motion was seconded by Hughey
and unanimously approved.
7. Other Business. The Board agreed that the Building Official be directed
to forward to the City Council the Board's recommendation that section 107.2(B)
of the Building Code be deleted with the understanding that the result of the
deletion would be to make failure to obtain a permit an offense punishable
by the penalties provided for any other code violation.
8. Adjourn. There being no other business, the meeting was adjourned.
•