HomeMy WebLinkAbout09/18/1991 BOA{ ' ,
BOARD OF ADJUSTMENT & APPEALS
OF THE CITY OF THE COLONY, DENTON COUNTY, TERAS
HELD ON
SEPTEMBER 18, 1991
A REGULAR SESSION OF THE BOARD OF Adjustments & Appeals of the
City of The Colony, Texas, was called to order at 7:30 p.m. with
the following members present:
Roosevelt Johnson
Chairman
Gary LaCrone
Member
Robert Poynter
Member
Gene Poole
Member
Alton Paris
Alternate
Quorum Present
Bob Hutchison, Building Inspector, Designated Officer of the
City Inspections Department was present.
Chairman Johnson read an overview of Variance Procedures and
Requirements.
1. APPROVAL OF MINUTES: The minutes of Appeal No. 91-02 were
approved,by all ayes.
2. PUBLIC HEARING: Consideration of a request for variance
by Block Buster Video, 6804 Main, to allow a Sign which ex-
ceeds the maximum allowable square footage mandated by Ordi-
nance, and to allow a partial variance to a required Screening
Wall.
Member Poynter wanted to state for record that he had a call
from a Councilman wanting to discuss the variance before the
meeting. He asked for an opinion from other Board Members on
if they felt his discision would be considered tainted.
Other Board Members expressed concerns of the same.
Chairman Johnson then asked for the opinion of City Attorney,
Susan Marash. She replied only the Board member himself could
know if his own decision was tainted. She stated nothing in
the law would prohibit a Board Member from voting.
All Board Members agreed to vote.
Chairman Johnson asked for those speaking to sign in.
Member LaCrone read into the record, Memo to the Board the Re-
quest for Variance.
At this time Chairman Johnson asked Bob Hutchison represenative
for the City, for his presentation.
Mr. Hutchison spoke on the Sign Ordinance of 100 square feet
per Street exposure not to exceed 200 square feet. He said Block
Buster Videos Sign exceeds the Ordinance by 80 square feet facing
adjacent to Food Lion. He also spoke on the other part of the
variance being the Screening Wall. A screening fence is required
between the common boundary of a residential and commercial area.
Mr. Hutchison said Staff had no objection to either request.
Chairman Johnson asked for Vaughn Miller, represenative for Block
Buster Videos, Presentation.
Mr. Miller entered into record with approval of Board Members
(that a copy of the picture would be sent to Variance Secretary),
showing Block Busters entire sign package, stating this is their
standardized logo and the importance of it being this way Nation
wide. He spoke on the other issue of the Screening Wall as land-
scaping would look much better than a Wall, also the expense
would be much less with a Green Wall.
Chairman Johnson opened the floor for questions.
Mr. Hutchison was asked to explain the Sign Ordinance and how
many feet over the Signage it would be - he replied they would
be 20 square feet over the maximum allowed square footage.
Member Poole asked if a Sign in front of the store would also
be put in. Mr. Hutchison replied yes - a Monument Sign had al-
ready been approved on a permit applied for.
Chairman Johnson asked for presentations from those in favor
of the variance.
Bill Manning said the City. needs to be happy and encouraging
to Chains wanting to come into the City. He felt 20% increase
of signage was not an unexceptable amount. When speaking on
the issue of the Screening Wall, Mr. Manning said he felt a Wall
would look out of place.
Chairman Johnson asked for Presentations from those not in favor
of the variance.
Leslie Shaw, 4713 Chowning Circle said the Sign did not effect
her but the Screening Wall does. She felt the Developers and
the Contractors were undermining the Ordinance on the Screening
Wall and she asked that the Wall be put up immediately down the
side of her property as to keep trash, cement and workers out
of her yard.
John Shaw asked where the Dumpster for Block Busters would be
placed. Mr. Hutchison replied on the South East corner of the
property, the opening of it will face North.
Chairman Johnson asked for Mr. Miller's comments on rebuttal.
Mr. Miller commented that there seemed to be no oposition on
the variance and he hoped for it.
Chairman Johnson closed Public Hearing then asked for any dis-
cussion on the Sign.
Member Poole said he would be in favor of the Sign if they put
one Block Buster wording instead of two on the West side.
Chairman Johnson entertained a motion with the stipulation. Motion
made by Member Poynter to accept with the stipulation. Member
LaCrone Seconded. Carried by all ayes.
Member Poynter made a motion to discuss the Screening Wall. Member
Paris Seconded it.
Discussion went in favor of a Green Wall with from Member Poole
one stipulation, that the Green Wall be maintained on replacement
of dead shrubs, trimming them and kept disease free.
Chairman Johnson entertained a Motion with the stipulation. Member
Poole made a motion to grant the variance with the stipulation.
Member Poynter Seconded. Carried by all ayes.
Meeting adjourned at 8:30 p.m.
Sherry Hutchison, Recording Secretary