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HomeMy WebLinkAbout09/23/1992 BOABOARD OF ADJUSTMENT & APPEALS OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS HELD ON SEPTEMBER 23, 1992 CASE NO. 92-03 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: Robert Poynter Rob Bauman Lou Gomez Gene Poole Tim O'Neill Vivian Preston Alton Paris Quorum Present Chairman Member Member Member Member Alternate - Absent Alternate Bob van Til, Building Official, Designated Officer of the City Inspections Department was present. Chairman Poynter read an overview of Variance Procedures and Require- ments. 1. APPROVAL OF MINUTES: The minutes of Appeals No. 92-01 and 92-02 were approved with all ayes. 2. PUBLIC HEARING: Consideration of a request for variance by La Petite Academy, represented by Ms. Cayce Crowley, Director - to Article II, Section 6-24 (1) of The Colony Code of Ordinances requirements for a Monument type sign. Member Poole made a motion to open the Public Hearing. Member Gomez seconded. Carried by all ayes. Chairman Poynter at this time asked Staff Member Bob van Til to make his presentation. Mr. Van Til made is presentation by saying that back in July of this year Ms. Cayce Crowley from the La Petite Academy located on Branch Hollow in The Colony made application for a sign to be located in front of their building. He noted to the Board that a drawing was on the back of the permit application showing the type of sign they wanted to construct. Mr. van Til said the application was refused by the Building In- spector and prior to approval found it needed to be consistant with Section 6-24 the sign ordinance requiring this one to be a Monument type sign. In speaking to Ms. Crowley, she opted to appeal to the Board of Adjustments & Appeals. Mr. van Til spoke of Ms. Crowly not being able to attend the meeting but that she sent a representative in her place. Member Gomez asked Mr. van Til with the same kind of sign being at the La Petite on Paige Road if he could enlighten him on how the sign came to be. -r' Mr. van Til said it was his understanding that the sign was construct- ed sometime ago, prior to 1985 and the requirements for the sign we are working with now were adopted in 1985 so we are having to go by this. Chairman Poynter asked then if the sign on Paige Road was Grandfathered. Mr. van Til replied yes. Mr. van Til finished with his presentation, Chairman Poynter then asked the representative for La Petite to sign in and speak. Tom Hartman, Maintance Man for La Petite Academy spoke on the sign being La Petites standard type of sign and they would like to keep it uniform with all the other La Petite Schools. Susie Wright, Assistant Director for La Petite spoke on that they seek permission to duplicate the sign that is on Paige Road, with the same dimension and the same design. Chairman Poynter asked if anyone had any questions for them at this time. Member Gomez asked if there was any other reason besides wanting to keep the same sign for not wanting to come into conformance with the City Ordinance on the sign. Mr. Hartman replied no, other than the ordinance states masonary and that they would have to drill piers real deep in that area. Member Gomez said what the Board needed to follow was the issue of a Hardship here and he is trying to find out if there is such a hardship in this case. Mr. Hartman replied they are just wanting to keep the sign as to the standards of the other schools sign and just trying to eget the Boards approval. He said the sign has no lighting, it is strictly a day time sign. Member O'Neill asked Mr. Hartman how he would feel conforming to a masonary sign. Mr. Hartman replied it would be different but would be thankful they could have anything. Member O'Neill asked Mr. Hartman if the life of Cedar is long. Mr. Hartman replied yes - that they have had very little trouble with it. He then spoke on the sign was like a tradition to the La Petite Academys and doing it in masonary there would be a cost factor. He then asked that the Board please consider letting their signs match as close as possible. Chairman Poynter then asked for those in the audience that wished to speak in support of the request. There were none. Member Poole made a motion to close the Public Hearing. Member Gomez seconded. Carried by all ayes. In closed discussion, Board Members reviewed the request. Member Gomez committed on that he appreciated the Academys provisions in it as being more costly to do a Monument Sign but that he could not see it as a real hardship. Chairman Poynter said he felt there would be less maintance on it rather than on a wooden sign. Member Bauman spoke on continuity as a marketing vehicle for a hardship. All La Petites use the same signs he said and they look good to him. He said he was for it. Pg 2 Member Poole said the sign meets all specifications in size, the only thing not meeting is its made of wood and its posts. Member Gomez spoke again on hardship was the issue. Member Poole said he felt like with no sign out there they could be losing business and that could be their hardship. Member O'Neill said he understands the expense but he didn't think it was that much of a hardship. Member Gomez said he didn't have a problem with the sign. His problem was conforming to the ordinance. Member Bauman made a motion to approve the variance. No second. Motion died for lack of a second. Member Gomez made a motion to denie the variance. Member O'Neill seconded. Carrried by 4 ayes and 1 nay. Variance denied. Member Bauman made a motion to adjourn the meeting. Member Poole seconded. Carried by all ayes. Meeting adjourned at 8:04 ,�• _ � ��a � Chairman����� .� 11 erry Hutcl�tson, Recording Secretary M