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HomeMy WebLinkAbout1982 BOAMINUTES OF THE BOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY HELD ON MARCH 31, 1982 A REGULAR SESSION of the Board of Adjustment and Appeals was called to order with the following members present: Roosevelt Johnson Gene Poole Michael Leddy John Perry Russ Stoffregen Vice Chairman Member Member Alternate Member Alternate Member and with Members Gerald Finley and Don Lusk absent; however, a quorum was established. 1. APPROVAL OF MINUTES Member Poole moved that the minutes of the meeting held on January 20, 1982, be approved. Seconded by Member Stoffregen, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None 2. PUBLIC HEARING REGARDING ENCLOSURE OF PATIO TO PROPERTY LINE AT 5637 TERRY 3. PUBLIC HEARING REGARDING THE EXTENSION OF THE BACKYARD FENCING INTO THE FRONT YARD AT 5577 RICE 4. PUBLIC HEARING REGARDING THE PLACEMENT OF A STORAGE BUILDING IN THE REAR YARD ADJACENT TO THE BOUNDARY FENCE AT 5001 BRANDENBURG Vice Chairman Johnson announced that he would entertain a motion to open the Public Hearing and all three cases would be heard by the Board consecutively. At this time, Member Perry moved that the Hearing be opened. Seconded by Member Poole, the motion was passed by the following vote: Ayes: All members present voted aye Noes: none The first item to be considered was upon the request of Hanif Khan of 5001 Brandenburg Lane. Mr. Khan stated that he was requesting a variance to install an eight -foot by twelve -foot metal storage building on the east side of his home adjacent to his fence. The placement of the building must be on the side of his home as the rear yard contains a swimming pool and deck. Member Perry asked if this would be on a concrete slab. Mr. Khan assured the Board that the building would be completely portable. He also advised the Board that his fence is one foot within his property line. Mr. I. R. Bradburry, Director of Community Development, advised the Board that he had prohibited the placement of this portable storage building as it was a violation of City Ordinance No. 61, Section 11-500. This section specifies that in a single-family zoning district, the side yard must be a minimum of five feet. Section 11-501 further states that every part of a required side yard shall be open and unobstructed. He explained to the Board the reason for this requirement. He stated that the residential zoning area is the least restrictive per the fire code and, because of this, it is necessary to require a separation between each structure. This separation is also necessary for proper drainage between the structures. Member Stoffregen stated that he had gone to the property and looked at the side yard, and he did determine that the building was actually thirteen inches too long to be placed in that area. However, it was noted that -1- Mr. Khan's home did slope to the front and back, and there is very little drainage problem in this area. Member Perry stated that he saw no problem in granting a variance if the building is portable. Member Leddy asked what would be the next available size that the Khans would consider. Mr. Khan advised that the problem in smaller sizes is the placement of the door. Mrs. Khan was recognized and stated that the building would be used for the storage of ceramic molds only. After discussion of potential drainage problems as well as fire hazards, Mr. Savage, City Manager, asked if another loca- tion could possibly be used. Mr. Khan advised the Board that they were located at the corner of Blair Oaks and Brandenburg, and the other side of their home faced Blair Oaks Drive. After further discussion, Vice Chairman Johnson suggested that this be tabled and the Hearing continued for one week to enable all members of the Board to view the property. Member Perry made this continuance a motion and set the Hearing date for Friday, April 2nd at 7:00 p.m. The motion was seconded by Member Leddy and passed by the following vote: Ayes: All members present voted aye Noes: None The second variance request to be heard by the Board was presented by Mr. and Mrs. Robert Gill, who reside at 5637 Terry. Mr. Gill advised the Board that their lot -was already fenced with a six-foot wooden fence and that they proposed an addition which would screen in the existing side patio to the existing fence. The purpose of this enclosure is to eliminate tumbleweeds, mosquitoes and neighborhood pets from entering this side area. Mrs. Gill stated that she is calling this a flower room. She did emphasize that if it is extended, it is necessary that the entire area be enclosed, primarily because of insects and mosquitoes. She also advised Member Leddy that the neighbors had no objection to this structure. Mr. Bradburry advised the Board that this also is a violation of the Comprehensive Zoning Ordinance, Section 11-500, which requires a five-foot side yard on all single-family dwellings. Mrs. Gill told the Board that there would be a gate provided so that there would be access through this side yard. Member Leddy stated that a wooden structure extended to the property line and connected with a wooden fence would be an obvious fire hazard, and he in good conscience could not grant this variance. Member Perry did agree with Member Leddy's statement. After further brief discussion, Member Perry stated that he did recommend that at the close of the Hearing, the Board deny this variance request. Mr. Allan Logan of 5577 Rice Drive then presented his variance request before the Board for their consideration. He stated that he did plan to build an eight -foot high wooden fence on the northeast corner of his lot. He stated that he had purchased a portion of the Lone Star Gas easement and did intend to fence this area also adjacent to his corner lot. Further, this fence would extend along the eastern boundary of the Lone Star Gas easement to the northeast corner. This extension would enable him to fence the portion of the Lone Star Gas easement that extends past the front of his home. However, he assured the Board the fence would enclose only the Lone Star Gas easement land in front of his home. It would not enclose his front yard portion of his original lot. He added that he felt the reason for the ordinance denying high front yard fences was primarily because of unsightliness. He stated that his primary reason for fencing this adjacent area was to provide a screening for himself from the City Hall work area, which is located on the east side of the Lone Star Gas easement. Mr. Savage, City Manager, did agree that there is an aesthetic difference between a residentially zoned neighborhood and the commercial use of the property on which City Hall is located. Mr. Bradburry did clarify that this enclosure represented 25 feet of the Lone Star Gas easement. He also stated to the Board that after -2- i 4 i I reviewing Mr. Logan's variance, he saw no particular problem with the fencing, however, he did recommend that the City have on file a copy of the agreement between Fox & Jacobs and Mr. Logan which enables him to use this particular easement. In discussing his request further, Mr. Logan advised the Board that he does plan to landscape along the front fence area to bring it in line with the rest of his front yard. Mr. Bradburry stated that technically he is not fencing his front yard but an extension of his side yard. Member Stoffregen asked if a gate on the front side of the fence would be necessary. Mr. Savage answered that although it was not a requirement, a gate would certainly be of help for the utility companies to have access to their easement. There being no further dis- cussion, Member Leddy moved that the Hearing be recessed. Seconded by Member Perry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None After a brief discussion, Member Stoffregen moved that the variance be granted to Allan Logan of 5577 Rice to extend his side yard fencing on the Lone Star Gas easement adjacent to the front yard of his existing lot. This variance being contin- gent upon the deed being on file with the City. Seconded by Member Leddy, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None At this time, Member Perry made the motion to deny the variance request of Robert Gill of 5637 Terry to extend the enclosure of their side patio to the existing fence. Seconded by Member Poole, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None There being no further action to be taken by the Board, Member Leddy moved that the meeting be adjourned. Seconded by Member Perry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Vice Chairman Johnson adjourned the meetinq at 8:30 p.m. ATTEST: JANICE CARROLL, CITY SECRETARY -3- i MINUTES OF THE BOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY HELD ON APRIL 2, 1982 A SPECIAL SESSION of the Board of Adjustment and Appeals was called to order with the following members present: Roosevelt Johnson Gene Poole Michael Leddy John Perry Russ Stoffregen Vice Chairman Member Member Alternate Member Alternate Member A quorum was established by Vice Chairman Johnson. 1. CONTINUANCE OF A PUBLIC HEARING REGARDING THE PLACEMENT OF A STORAGE BUILDING IN THE REAR YARD ADJACENT TO THE BOUNDARY FENCE AT 5001 BRANDENBURG Vice Chairman Johnson requested a motion to continue this Hearing from the regular meeting held on March 31, 1982. Member Leddy moved that the Hearing be opened. Seconded by Member Perry, the motion passed by the following vote: Ayes: All members present voted aye Noes: None Mr. Khan introduced two neighbors, Jean and Calvin Eastham. Mrs. Eastham stated that they were neighbors living across the alley from the Khans and they did not have any objection to the placement of a portable building on the Khans side yard. At this time, Mr. Savage clarified for the Easthams the intent of this ordinance requirement of providing a five- foot side yard. Vice Chairman Johnson also explained that this Board's primary function was to review "hardship cases" and, based on evidence given to them, make a decision regarding a variance on an individual basis. He reviewed also for the Khans that the Board's main concern was drainage in this area between the homes and the fire safety factor. Mr. Khan did advise the Board that there would remain a three-foot setback. Member Leddy clarified, though, there would only be six feet between the structures, and this would not be adequate for fire safety. Member Leddy also asked if this is the minimum size that could be used for storage area. Mr. Khan assured the Board that they could not adequately use any storage building any smaller than eight feet by twelve feet. Although the Board recognized the Khans unique situation and needs, it was the consensus that this did not represent a hardship case, and the drainage and fire safety factors far outweighed the immediate needs of the Khans. At this time, there being no further discussion, Member Leddymoved to close the Hearing. Seconded by Member Perry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None After a brief discussion, Vice Chairman Johnson moved to deny the request of Hanif Khan of 5001 Brandenburg to place a portable storage building on his side yard. Seconded by Member Leddy, themotion was passed by the following vote: Ayes: All members present voted aye Noes: None -1- There being no further action to be taken by the Board, Member Leddy moved that the meeting be adjourned. Seconded by Member Stoffregen, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Vice Chairman Johnson adjourned the meeting at 7:20 p.m. ATTEST: JANICE CARROLL, CITY SECRETARY OSEVELT JVHNSON, V/ICE CHAIRMAN -2- f; i MINUTES OF THE BOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY HELD ON JUNE 9, 1982 A SPECIAL SESSION of the Board of Adjustment and Appeals was called to order with the following members present: Gene Poole Don Lusk John Perry John Foreman Russ Stoffregen Acting Chairman Member Alternate Member Alternate Member Alternate Member A quorum was established by Acting Chairman Poole. 1. APPROVAL OF MINUTES Member Stoffregen moved that the minutes of March 31st be approved as presented. Seconded by Member Perry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Member Perry moved that the minutes of April 2nd be approved as presented. Seconded by Member Stoffregen, the motion was carried by the following vote: Ayes: All members present voted aye Noes: None 2. PUBLIC HEARING REGARDING A VARIANCE, REQUESTED BY SARAH AND CHRISTOPHER FORTUNE, 7217 RAGAN PLACE, TO EXTEND THEIR BACK YARD FENCING TO A HEIGHT EXCEEDING EIGHT FEET At this time, Member Poole moved that the hearing be opened. Seconded by Member Stoffregen, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 11 Acting Chairman Poole recognized Christopher Fortune. Mr. Fortune stated that he did reside at 7217 Ragan Place, which is a cul- de-sac lot with an extreme slope to the rear of the lot. He advised the Board that he would like to use five or six railroad ties to enable him to eventually level his yard for possible construc- tion of a pool and also to maintain proper drainage. He did clarify that his home is a front entry style, and there are no residents that reside behind his lot. He stated that these ties would be approximately 48 inches in height and that he would like to put an eight -foot cyclone fence on top of these railroad ties. Mr. Bradburry stated that he has looked at the property and that the top of an eight -foot fence would extend two and one-half feet above the foundation of his home. Mr. Fortune clarified for the Board that there would be cedar fencing on either side, but the back would be chain link. With this retaining wall, he would have approximately a ten -foot high fence. Member Perry asked Mr. Bradburry why there is an eight -foot limitation on fencing. Mr. Bradburry advised the Board that this was primarily to ensure the fence would be strong enough to withstand high winds. At this time, there being no further comments for or against this variance request, Member Lusk moved that the hearing be closed. Seconded by Member Stoffregen, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None -1- Member Stoffregen moved to approve this variance request as presented to allow Sarah and Christopher Fortune of 7217 Ragan Place a fence ten feet in height. Seconded by Member Foreman, the motion carried by the following vote: Ayes: All members present voted aye Noes: None 3. PUBLIC HEARING REGARDING A VARIANCE REQUESTED BY STEVEN J. BAKER, 5213 REED DRIVE, TO EXTEND THEIR BACK YARD FENCING TO A HEIGHT EXCEEDING EIGHT FEET Member Stoffregen moved to open the Public Hearing. Seconded by Member Foreman, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mrs. Baker was present to present this request. Mrs. Baker explained that the portion of the fence along the alleyway does need to be ten feet in height to provide adequate privacy to their home. She stated this height would be provided with a retaining wall along the back lot line. She explained that this would provide for a ten -foot fence. Mrs. Baker does reside at 5213 Reed Drive. At this time, Mr. Bradburry, Director of Community Development, presented pictures that he had taken at the site and advised the Board that he did not see the need for an eight -foot fence on this yard to provide privacy. Member Foreman asked what was the particular reason for this request. Mrs. Baker advised that they had had problems with the neighbors that live behind them, and they did plan to construct in the near future a spa in their back yard. In discussing the construction requirements of a spa, Member Stoffregen stated that the spa would have to be located closer to the fence than their patio door, and this should give them adequate privacy. Member Lusk asked what type of fence would be constructed. Mrs. Baker advised that she presumed it would be a spruce fence. Mr. Bradburry explained to the Board that he felt there might have been a mistake by the Bakers in that the neighbors fence is only six feet in height, not eight feet. Member Stoffregen said that he did suspect that an eight -foot fence would be at the roofline of the neighboring house, and he was concerned that the Bakers were planning on adding an addi- tional two feet at an extra cost to them. There being no further comments for or against this variance, Member Foreman moved that the hearing be closed. Seconded by Member Lusk, the motion was passed by the following vote: Ayes: All members present voted aye Noes:. None In discussing this variance request, the Board did agree to recess to go view the property. Upon returning, it was agreed by the Board that the slope of the back yard at 5213 Reed Drive was not adequate to require a variance request. At this time, Member Perry moved to turn down this request. Seconded by Member Stoffregen, the motion was passed by the following vote: Ayes: Noes: Member Foreman move Stoffregen, the mot Ayes: Noes: All members present voted aye None d to adjourn the meeting. Seconded by member ion was passed by the following vote: All members present voted aye None Acting Chairman Poole adjourned the meeting at 8:24 p.m. ATTEST: JANICE CARROLL, CITY GENE POOLE, ACTING CHAIRMAN SECRETARY -2- f l MINUTES OF THE BOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY HELD ON SEPTEMBER 15, 1982 A REGULAR SESSION of the Board of Adjustment and Appeals was called to order with the following members present: Roosevelt Johnson Michael Leddy Gene Poole Don Lusk John Perry Vice Chairman Member Member Member Alternate Member and a quorum was established by Acting Chairman Roosevelt Johnson. 1. APPROVAL OF MINUTES Member Poole moved to approve the minutes of the June 9, 1982, meeting. Seconded by Member Leddy, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. PUBLIC HEARING REGARDING A VARIANCE REQUESTED BY MIKE KEMBLE OF 5212 SHERMAN, TO INSTALL AN ELECTRICAL FENCE ENCLOSING THE BACK YARD, WHICH IS A VIOLATION OF CITY ORDINANCE NO. 38 3. PUBLIC HEARING REGARDING A VARIANCE REQUESTED BY WALLY LYSSY OF 4816 JENNINGS CIRCLE, TO ERECT A CARPORT ON THE REAR ENTRY DRIVE, WHICH ELIMINATES THE REQUIRED 20 FEET OF OPEN DRIVE AS ADDRESSED IN CITY ORDINANCE NO. 61 Chairman Johnson requested a motion from the Board to open the Hearings on both cases simultaneously. Member Leddy so moved. Seconded by Member Lusk, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Mr. Mike Kemble of 5212 Sherman did address the Board at this time. He stated that he had erected a six-foot wooden fence and had installed on this fence an electrical wire to keep his German Shepherd dog from climbing over the wooden fence when it thunders or when neighborhood children bother him. He did advise the Board that the wire carries only 14 volts and will not harm animals or people, however, the dog will bite when provoked. He did note that his neighbors have not complained about this fence installa- tion. At this time, Mr. Bradburry advised the Board that City Ordinance No. 38, Section 7, Paragraph A, does state that no fence that is erected or constructed within The Colony city limits shall have any electrical charge in any manner or form. He added that, in dry weather, a 14 -volt fence will not give a harmful shock but it was his opinion that if the weather is damp, some child might touch the fence and it could be a damaging jolt. At this time, Mr. Kemble did clarify that his fence will only surge to 16 volts, and that it is an 11 -volt fence in dry weather. Member Leddy stated he was concerned with an electrical fence in The Colony, however, he was concerned with a vicious dog in a single- family district. Mr. Kemble clarified that his dog is part Shepherd and Collie and vicious only when protecting his property. Member Lusk asked how is the fence fed. He was advised by Mr. Bradburry, as well as Mr. Kemble, that it was fed from a garage outlet and that it was properly installed. At this time, there were no comments from the audience for or against this question. Acting Chairman Johnson then recognized Mrs. Wally Lyssy of 4816 Jennings Circle. -1- Mrs. Lyssy stated that they were requesting a 10 -foot variance to erect a carport over a rear -entry drive. She stated that this is a necessity for protection of their van from the weather, as the van is 17 feet long. The cover is designed for 20 feet in length. This variance would give them only 10 feet of uncovered drive, rather than the required 20 feet. Mr. Bradburry stated that he had inspected the site and that the way the fence is con- structed and the setbacks, he did not see any problem as far as traffic flow in the alley. Member Perry asked if there were sides to this carport. Mrs. Lyssy advised that there were not and that it would be open to both sides. Mr. Bradburry also advised the Board that a 10 -foot drive is all that is required in the duplex area for carports. Member Leddy did want it clarified that there would be no traffic problems with this installation. Mr. Bradburry advised that there would not. Member Perry asked if this would be in violation of any fire codes. Mr. Bradburry advised that it would not. There were no comments for or against this variance from the audience. At this time, Member Perry moved to close the Public Hearings. Seconded by Member Leddy, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None In discussing the two recommendations, the Board did address Mr. Mike Kemble's variance first. Member Perry did note that the fence was properly installed and that there was no opposition from the neighbors, however, he did feel strongly that there should not be any electrical fencing in a single-family district neighbor- hood. Member Poole said he felt that if this electrical fence were granted, the Board would be setting a precedent. Member Leddy agreed and added that most communities do not allow electri- cal fencing, and he did agree with that. However, he was concerned with the protection of the neighbors from a dog that could attack. After further discussion, Member Poole did move to reject this variance request. The motion was seconded by Member Perry and passed by the following roll call vote: Ayes: Acting Chairman Johnson Members Leddy, Poole and Perry Noes: Member Lusk With no discussion, Member Lusk did move to grant the variance requested by Wally Lyssy at 4816 Jennings Circle to erect a carport 10 feet from the alleyway. Seconded by Member Perry, the motion was passed by the following roll call vote: Ayes: All members present voted aye Noes: None There being no further action to be taken by the Board at this time, Member Leddy moved that the meeting be adjourned. Seconded by Member Perry, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Chairman Johnson adjourned the meeting at 7:50 p.m. ATTEST: JANICE CARROLL, CITY SECRETARY FOSEVELT J NSON, A TING CHAIRMAN -2- r n U i t MINUTES OF THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF THE COLONY HELD ON OCTOBER 27, 1982 A REGULAR SESSION of the Board of Adjustment and Appeals of the City of The Colony, Texas, was called to order at 7:30 p.m. with the following members present: Jack Finley Roosevelt Johnson Gene Poole Michael Leddy John Foreman Chairman Vice Chairman Member Member Alternate Member and a quorum was established at this time. 1. APPROVAL OF MINUTES Member Johnson moved to approve the minutes of the September 15, 1982, meeting as presented. Seconded by Member Leddy, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None 2. PUBLIC HEARING REGARDING A VARIANCE REQUESTED BY T. L. MORGAN, OWNER OF THE GOODYEAR STORE TO BE LOCATED AT 4915 BRANCH HOLLOW DRIVE FOR A SIGN VARIANCE TO EXTEND A MASTER ID SIGN TO 20 FEET IN HEIGHT 3. PUBLIC HEARING REGARDING A VARIANCE REQUESTED BY LARRY JAMISON, OWNER OF THE PROPERTY AT 5077 AVERY LANE TO INSTALL A CARPORT AND DOOR AT THE INTERSECTION OF THE DRIVEWAY WITH THE ALLEYWAY Member Leddy moved to open the Public Hearing. Seconded by Member Foreman, the motion passed by the following vote: Ayes: All members present voted aye Noes: None Vice Chairman Johnson read the following request from T. L. Morgan, owner of the proposed Goodyear store. "We would like the height of our monument sign in front of our Goodyear tire store to be raised from the 15 -foot requirement to 20 feet to the top of the sign. The reason being is that all of the property is poten- tial parking, and we would be concerned with the clearance of the bottom of our sign as we service tall trucks. At the 15 - foot height, the bottom of our sign would be only 12 -foot clearance and, obviously, in danger of being hit. At 20 feet, it would not." The board recognized Mr. T. L. Morgan, who advised them that the size of the actual sign would be three feet by fifteen feet and would be five feet in height. Vice Chairman Johnson asked what was their particular concern regarding safety. Mr. Morgan explained that it is an electric sign, and this could create a problem if it was ever struck by a truck. Member Foreman asked what percentage of the market served was large trucks. Mr. Morgan did admit that it was very few, however, they did have many delivery trucks that came in. Member Foreman asked what the voltage of this sign would be. Mr. Bradburry advised that it would be 120 volts and grounded with metal. Mr. Bradburry further advised the board that he was not necessarily for or against this, but that he was concerned with the safety element, as it is an electric sign. At this time, Vice Chairman Johnson read the following letter from Wal-Mart: Ms. Janice Carroll, City Secretary, City of The Colony Re: Notice of Public Hearing -The Colony, Texas Dear Ms. Carroll: Thank you for notifying Wal-Mart of the upcoming Public Hearing at which consideration will be given -1- to the sign variance for the Goodyear store to be located at 4915 Branch Hollow Drive. This letter is to advise you and the Board that Wal-Mart would have no problem with the granting of this variance to your City Ordinance. Thank you for your consideration. Very truly yours, W. G. Bothwell (s), Real Estate Manager It was also noted that in the board's packet there was a letter from The Colony Joint Venture, and that it also should be entered into the record: Ms. Janice Carroll, City Secretary, Board of Adjustment & Appeals Dear Ms. Carroll: The Colony Joint Venture, owners of the Stop 'N Go and the Meat Market on 423, directly west of the proposed Goodyear Store, and the Colony Day Care on Branch Hollow, directly south of the proposed Goodyear Store, objects to the modification of the Ordinance to permit a 20 -foot sign rather than a 15 -foot sign. As a partner in the Joint Venture, I feel that the higher signs would detract rom the appearance of the neighborhood since Branch Hollow is essentially a residential street. Further, if you are going to put 20 -foot signs up on Branch Hollow, the next thing you will have is all the merchants, including the Stop 'N Go and the Meat Market requesting 20 -foot signs along 423. It will be very difficult to refuse them after you've estblished a precedent on the residential street behind these stores. As you know, when the Stop 'N Go was originally built in 1976, only a monument sign was erected, which is what's there now. I think that to deviate from that is a mistake, and we will only contribute to make the 423 area look like Lemmon Avenue, or some other junky commercial area in Dallas. The Colony possesses the wonderful opportunity to have good control of architecture and signage, and I hope they won't throw it away because of pressure by merchants. Yours very truly, /s/ Harry B. Hunsicker, Partner, The Colony Joint Venture There followed a lengthy discussion of the merits of this request. Vice Chairman Johnson did understand the need for the height and the safety factor as related to general liability insurance for the store. Chairman Finley stated that he felt this was a stan- dard height for signs for establishments that dealt with large trucks. Member Foreman asked if possibly another location could be found. Mr. Morgan advised that, of course, it could, but this was the best location they felt for the proper advertising. Before making a decision on this variance, the board did entertain Mr. Larry Jamison and his request for an extension of his carport with a garage door, in lieu of a fence gate. Mr. Bradburry stated that he was concerned with the safety of this, however, it was five feet seven inches off the property line. Chairman Finley asked if there was a supporting roof and how wide the garage door would be. Mr. Jamison answered that the garage door is sixteen feet in width, and the carport height is about eight feet. Mr. Bradburry stated that based on the fact that the garage door would open up and not swing into the alley, he did see no problem with this request. After further brief discussion, Vice Chairman Johnson moved to close the Public Hearing. Seconded by Member Leddy, the motion passed by the following vote: Ayes: All members present voted aye Noes: None After brief discussion, Chairman Johnson moved to approve the variance requested by L. D. Jamison of 5077 Avery Lane. Seconded -2- i by Member Leddy, the motion passed by the following vote: Ayes: All members present voted aye Noes: None There followed a discussion regarding the Goodyear sign, and Vice Chairman Johnson moved to grant the 20 -foot sign variance to the Goodyear store. Chairman Finley seconded this motion. The motion failed by the following roll call vote: Ayes: Members Foreman, Johnson and Finley Noes: Members Poole and Leddy *Member Leddy stated that he would reconsider this request at an 18 -foot height, rather than 20. Member Poole stated that he was concerned with granting a variance for this sign, as it would set a precedent for all commercial signs in the city. After a lengthy discussion regarding options, Vice Chairman Johnson asked the board to entertain a second motion that this variance be approved for a sign not to exceed 18 feet in height. This motion was seconded by Chairman Finley and passed by the following roll call vote: Ayes: Members Foreman, Johnson, Finley and Poole Noes: Member Leddy There being no further action to be taken by the board, Member Foreman moved that the meeting be adjourned. Seconded by Member Leddy, the motion passed by the following roll call vote: Ayes: All. members present voted aye Noes: None The meeting was adjourned at 8:10 p.m. JACK FINLEY, CHAIRMAN ATTEST: JANICE CARROLL, CITY SECRETARY At the February 2, 1983, meeting of the Board, Member Leddy advised that he did not make this statement. -3- MINUTES OF THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF THE COLONY HELD ON NOVEMBER 27, 1982 A REGULAR CALLED SESSION of the Board of Adjustment and Appeals of the City of The Colony, Texas, was called to order at 4:20 p.m. with the following members present: Michael Leddy Acting Chairman John Foreman Member Gene Poole Member Russ Stoffregen Member 1. PUBLIC HEARING REGARDING A SIGN VARIANCE REQUESTED BY WAL- MART STORES, INC., P. 0. BOX 116 BENTONVILLE, ARKANSAS, TO ERECT A ROAD SIGN TO EXCEED THE HEIGHT AND SIZE REGULATIONS AS SPECIFIED BY CITY ORDINANCE #178 Member John Foreman moved to open the Public Hearing. Seconded by Member Poole, the motion carried by the following vote: Ayes: All members present voted aye Noes: None At this time, a list of landowners within 200 feet of the store location was presented to each member. Mr. Charles Baker, repre- senting Wal-Mart, was recognized and explained to the board why he was requesting the variance. He stated that this was a standard sign used by Wal-Mart, and that it was a very safe and good-looking sign. He also stated he would be opening for business on November 30, 1982, and would like to have this sign for the grand opening. There being no other comments for or against this request, Member Foreman moved to close the Public Hearing. Seconded by Member Stoffregen, the motion carried by the following vote: Ayes: All members present voted aye Noes: None After lengthy discussion by the board, Acting Chairman Leddy moved to deny this request. It was the board's feeling that the request for a master identification sign, which would be 280 square feet in size, too far exceeded the requirement of City Ordinance No. 178, which is 125 square feet in size. Further, the board could not determine any specific hardship that this size requirement would cause for Wal-Mart. Based on these reasons, Acting Chairman Leddy moved to deny the request submitted by Wal. -Mart Stores, Inc. for a 280 -square -foot master identification sign. Seconded by Member Poole, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Prior to adjournment, Member Foreman stated that he thought the City Council should review the sign ordinance. He felt it was restrictive in some areas and the other members of the board concurred with this statement. There being no further action to be taken by the board, Member Stoffregen moved to adjourn the meeting. Seconded by Member Foreman, the motion was passed by the following vote: Ayes: All members present voted aye Noes: None Acting Chairman Leddy adjourned the meeting at 5:00 p.m. ATTEST: JANICE CARROLL, CITY SECRETARY MICHAEL LEDDY, ACTING CHAIRMAN -1-