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HomeMy WebLinkAboutZBA 1992-04-16 Minutes MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APRIL 16, 1992 - 7:30 p.m. CALL TO ORDER The meeting was called to order at 7: 30 p . m. by Chairman Tom Duer. ROLL CALL PRESENT: Chairman Members Dir Community Dev ABSENT: Tom Duer Billy Cypert Steve Ingham Robert Skinner Barry LeBaron Mark Barfield Jeff Bunting Jim Kemp CONSIDERATION OF MINUTES OF MARCH 30, 1992 Mr. Skinner made the motion to approve the minutes as written. The motion was seconded by Mr. Cypert, and the motion carried 3-0, with Mr. Ingham abstaining due to absence at the previous meeting. 1. BA 92-05 Request of Anne L. Beasley to vary from the Zoning Ordinance #1080 on Lot 13, Block 2, North Richland Hills Addition, to allow the house and carport to be beyond the building line. The applicant's property is located at 4108 Vance Road. Chairman Duer explained that the Zoning Board of Adjustment's rules state that for a motion of carry, it must have four affirmative votes. He stated since only four members are present, a unanimous vote is required for any motion to pass. He stated he mentioned this in the event that anyone would want to postpone their case. Chairman Duer opened the public hearing and asked for anyone wishing to speak in favor of the request to come forward. Anne Beasley, 4108 Vance Road, came forward to speak. She stated she has refinanced her home within the last two months, and for the loan to go through, she needs a variance. She stated that she would otherwise have to reclose and accept a variable-rate loan. She stated she currently has a fixed -rate loan. She stated ZBA Minutes, page 2 April 16 , 1992 her house has been standing for over 35 years, and the carport has been there for over 12 years. She stated she has had no complaints from the neighbors about her carport. Chairman Duer asked if any correspondence has been received concerning this case. Mr. LeBaron stated there was no negative correspondence received. Chairman Duer commented on the time interval stating that if there was such a thing as a grandfather clause, he was sure this case would meet it. Chairman Duer asked Ms. Beasley if she had done any remodeling that required the refinancing of her home. Ms. Beasley stated no, that she was refinancing because she is now a single parent. She stated the survey of the property uncovered the house I carport problem. Mr. Skinner asked Ms. Beasley if she had any problem when she closed the first time. Ms. Beasley stated that she rented the house and then bought it from the owner by taking over the payments. Mr. Skinner asked how old the carport was. Ms. Beasley stated the carport was about 12 years old, and that she added it to the house. Chairman Duer called for those wishing to speak in opposition to the request to come forward. There being none, he closed the public hearing. Mr. Cypert made the motion to approve BA 92-05 as presented. Mr. Ingham seconded the motion, and the motion carried 4-0. BA 92-06 Request of Mr. Larry Lyons to vary from the Zoning Ordinance #1080 on Lot FR, Block 14, Richland Terrace Addition, to install an off-premise sign. This property is located at 5121 Davis Boulevard. The ZBA Minutes, page 3 April 16, 1992 applicant's property is located at 5112 Commercial Drive. Chairman Duer opened the public hearing and asked for those wishing to speak in favor of the request to come forward. Mr. Ron McGough, of Hamm & Sandlin, 5133 Davis Boulevard, came forward to speak. He stated he was hear to answer any questions the Board might have. Mr. Skinner asked who owns the property on which the sign stands. Mr. McGough stated that Hamm & Sandlin owned the property. Mr. Skinner asked if Hamm & Sandlin leased the property to the tenants. Mr. McGough stated yes. Mr. Skinner asked if he were to move into an empty space, does part of the lease get his name on the sign. He asked if that is his expense or Hamm & Sandlin's. Mr. McGough stated the original sign was built for tenants at that location. He stated if a tenant requested it, they would have put in the sign. He stated that no one had wanted to spend the $4000-$5000 it would take to do it. Mr. Skinner asked about the little slots underneath. Mr. McGough stated that they would work with the tenants on that. Mr. Ingham asked if there are any vacancies on that block. Mr. McGough stated there is a vacancy where Pizza Inn skipped out, and that it has been vacant for about 4 1/2 years. Mr. Ingham asked about the future of the space. Mr. McGough stated they have been trying to lease it for 4 1/2 years with no luck, but that they still have some equipment in there ZBA Minutes, page 4 April 16, 1992 that they haven't been able to do anything with. Mr. Skinner asked if someone took possession of that building, would they still have to come to Hamm & Sandlin to take possession of the top portion of the sign. Mr. McGough stated if a tenant wanted it, they would vacate the premises and let them have the sign. Mr. Skinner asked who maintains the sign. Mr. McGough stated that Hamm & Sandlin maintains the sign, and that they pay the electricity on it. Chairman Duer asked if the sign necessarily needs to have an arrow on it. He stated that it could open the door for others in the City to think they can put an arrow on a sign down the road from their business. Mr. McGough stated the main thing was to give direction to where Maaco is located. Mr. Larry Lyons, 5112 Commercial Drive, came forward to speak. He stated he wanted the sign to help identify the location of Maaco. Mr. Skinner asked if that was the purpose of the arrow. Mr. Lyons stated yes. Mr. Skinner asked if he considered using "one block east" or the address on the sign. He stated he didn't think that would be a conflict on the price. Mr. Lyons stated that it would not be a conflict on the price. Mr. Skinner explained that this is an off- premise sign, which is not allowed in the City. He stated that the Board has heard and judged on similar cases, and the Board doesn't want to raise a red flag by making an exception for one person. He asked if the drawing of the sign is a firm design. ZBA Minutes, page 5 April 16 , 1992 Mr. Lyons stated the "one block ease" verbiage might be acceptable, but that the address would not help. He stated the street sign says Commercial Street, not Commercial Drive. He stated he has been having trouble with people finding his location. Chairman Duer stated that a business sign at a mall or strip center doesn't have arrows pointing to different sites, but that the sign tells the customer this is where it is, now stop and look around. He stated that drivers will know the building is not on the other side of Davis Boulevard, and that it will be close to the sign. He asked if the building was visible from Davis Boulevard and if the building had a sign on it. Mr. Lyons stated that the building was visible for about 200 yards. Chairman Duer asked if someone slows down where the Maaco sign is, can they see the building from the area of the sign. Mr. Lyons answered yes, and asked the Board to look at the pictures that were submitted. Mr. Ingham asked if there was any signage on the property right now. Mr. Lyons stated that there was a sign on the building. Chairman Duer stated that if people slow down where the sign is, they can see the sign on the building. Mr. Skinner commented that the far right lane on Davis Boulevard allows the driver to slow down and look without serious traffic interference. He stated that if the driver missed the turn, there were three entrances where they could pull in and get back around there. Chairman Duer stated that if the sign is on the property, people will pull in and look for Maaco in that center; but if the sign on ZBA Minutes, page 6 April 16, 1992 the building is sufficient size, they will probably see it. Mr. Skinner asked about the colors on the sign . Mr. Lyons stated they would be red, white, and blue. Chairman Duer stated that the Board must be careful about what they approve because they don't want to raise a red flag. He stated there is nothing worse than a dormant sign that is not filled up completely. Mr. Skinner stated his concern over the reflective nature of the sign on the building and that it would naturally draw more attention. He stated the arrow is his biggest concern. Mr. Ingham stated that the arrow might cause drivers to think that all the businesses on the sign are that direction. Chairman Duer agreed that the sign could affect other businesses. Mr. Skinner stated the other signs could move to the top, and Maaco could put their sign at the bottom. Chairman Duer stated he was trying to keep others from asking for similar signs. Mr. Skinner commented that he appreciated Mr. McGough for coming out on behalf of Hamm & Sandlin. Chairman Duer asked for those wishing to speak in opposition to the request to come forward. There being none, he closed the public hearing. Mr. Skinner asked Mr. LeBaron if there was any correspondence concerning this case. Mr. LeBaron stated there was no correspondence. ZBA Minutes, page 7 April 16, 1992 Mr. Skinner stated that this was a great opportunity to take away an eyesore, and that there was great understanding between all parties concerned. Mr. Skinner made the motion to approve Ba 92-06 as stated. Mr. Cypert seconded the motion, and the motion carried 4-0. CITIZEN COMMENTS None. ADJOURNMENT There being no further business, the meeting was adjourned. ~~:::::n