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HomeMy WebLinkAboutZBA 1989-03-16 Minutes ~ . MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF NORTH RICHLAND HILLS, TEXAS MARCH 16, 1989 - 7:00 P. M. CALL TO ORDER The meeting was called to order by the Chairman, Ron Hubbard, at 7:03 P. M. ROLL CALL PRESENT: Chairman Vice Chairman Secretary Members Ron Hubbard Forrest Grubb Harold Schubert Billy Cypert Jeff Bunting Jim Kemp Rex McEntire Bob Williams Wanda Calvert Alt. Member City Attorney Building Official P & Z Coordinator ABSENT: Tom Duer . Since all regular members are present, Alternate Member Jim Kemp will not vote. CONSIDERATION OF THE MINUTES OF FEBRUARY 16, 1989 Mr. Grubb made the motion to approve the minutes as written. This motion was seconded by Mr. Schubert and the motion carried 4-0 with Mr. Cypert abstaining since he was not present at the meeting. 1. BA 89-1 Clarification of vote on BA 89-1 which was denied 2/16/89 by a vote of 3-1. Chairman Hubbard stated there was concern at the last meeting regarding the negative vote on BA 89-1. Mr. McEntire, City Attorney, said you have to have four affirmative votes to pass a variance, but only a majority to deny it. He said the Board could have voted 3-1 in favor of the request and it would have been denied as well as voting 3-1 to deny. . . . . ~ Page 2 Z B A Minutes March 16, 1989 2. BA 89-3 POSTPONED 2/16/89 Request of Randall R. Turner to vary from the Zoning Ordinance #1080 on Lot 1, Block 1, Cochran Addition, to be allowed to have a second pole sign for Crossroads Plaza Shopping Center. This property is located on the south side of Bedford-Euless Road, west of Bennigan's. Chairman Hubbard asked Mr. Turner to come forward. Mr. Turner came forward. He said he needs this sign to help his tenants out. He said the shopping center is "L" shaped and east bound traffic can not see it until they get there. Mr. Turner said when he took over the shopping center, it had 15% occupancy, but he has it up to 80% occupancy. He said exposure is the key to success. He said this shopping center has never had a sign on Bedford-Euless Road. Mr. Grubb said the ordinance states a sign has to be 8 feet from the ground. He said the neighbor who spoke last meeting said he would not object if it were lower. Mr. Turner said it does not need to be 8 feet from the ground. Mr. Cypert said it does for large 4 wheel drive vehicles or tractor trailers. Mr. Grubb stated he had asked some of the Staff about the ordinance and it was their opinion that the intent of the ordinance was to allow businesses on Bedford-Euless Road and the freeway to have two signs. Mr. McEntire stated the Board is able to make an interpretation. Chairman Hubbard asked Mr. Turner where he planned to put the sign. ~ Page 3 Z B A Minutes March 16, 1989 . Mr. Turner stated he had rather have it located in the center which is the best visibility for east bound traffic. Mr. Schubert asked if there is a median between the driveways. Mr. Turner stated there was. Chairman Hubbard asked Mr. Turner if he would consider a back lit sign. Mr. Turner said he would. . Mr. Turner said he had talked to Mr. Sanford about the new sign ordinance when the new ordinance was approved. Mr. Turner said he was so sure he could have another sign that he went ahead and had a sign built and paid for. He said he thought it had been okayed in the new ordinance. Mr. Schubert asked where the sign is measured from. He asked if the median is elevated. Mr. Williams said they measure from ground level. Mr. Bunting asked Mr. Turner where he wants to put the sign. Mr. Turner said his preference is in the median. Mr. Grubb said he was sure the ordinance intended to allow businesses on Bedford-Euless and the freeway to have two signs. Chairman Hubbard said there needs to be a stipulation that he could only have a back-lit sign. . Chairman Hubbard said to put in the minutes that there is no one else present to speak. ~ Page 4 Z B A Minutes March 16, 1989 . Mr. Bunting asked if they could have a sign on the top of the building. Mr. Williams stated it would have to be engineered for that. Mr. McEntire said he could not have a roof sign unless he comes in and requests one. BA 89-3 APPROVED Mr. Grubb made the motion to approve BA 89-3 because it is the intent of the ordinance to allow businesses to have two signs when they are on Bedford-Euless Road and the freeway, and if the sign is to be lit, it must have back lighting with the height as the ordinance requires. This motion was seconded by Mr. Schubert and the motion carried 4-0 with Mr. Bunting abstaining. . Mr. Bunting stated he did not want to vote because he felt the Council should be the one to change the ordinance. Chairman Hubbard said it is the Board's job for interpretation. Chairman Hubbard asked Mr. McEntire about the law suit regarding the fence between the school and Quinten's Crossing apartments. Mr. McEntire stated that the suit is in 144 District Court for appeal. He said it was set for October, but the Judge quit. Mr. McEntire said the school has some misgivings about having any fence there. Mr. McEntire said the suit is on the dismissal list. . Chairman Hubbard asked if it would come back to this Board if dismissed. ~ Page 5 Z B A Minutes March 16, 1989 . Mr. McEntire said it would. He said there is a road there now. Mr. Cypert said the road is the school's property. He said the school is considering gates and controlled parking. He said it is supposed to be a closed campus next year. ADJOURNMENT The meeting adjourned at 7:40 P. M. IL llu~ Chairman Zoning Board of Adjustment ~~~~ . .