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Home My WebLink About02/15/1994 BOABOARD OF ADJUSTMENTS & APPEALS OF THE CITY OF THE COLONY, DENTON COUNTY, TEXAS HELD ON FEBRUARY 15, 1994 CASE NO. 94-01 CASE NO. 94-02 A REGULAR SESSION OF THE BOARD OF Adjustments & Appeals of the City of The Colony, Texas, was called to order at 7:35 p.m. with the following members present: Rob Bauman Robert Poynter Mike Catt Lynda Tate Tim O'Neill John Mitchell Gary McClure Chairman Member Member Member Vice Chairman - Absent Alternate Alternate with Vice Chairman O'Neill absent, however, a quorum was established. Also in attendance were: Tom Cravens, Director of Public Works, Designated Officer of the City Inspections Department; Sherry Hutchison, Recording Secretary. Chairman Bauman called the meeting to order. Then took a five minute recess to decide if an alternate was needed. It was deter- mined they did not so the Board reconvened. Chairman Bauman read an overview of Variance Procedures and Requirements; at which time the following items were discussed: ITEM #1: PUBLIC HEARING: As requested by Michael Middleton repre- senting Ethridge Elementary School, a variance of height of a sign to be raised 3 feet higher than the current sign ordinance allows. Chairman Bauman asked Staff Member Tom Cravens to make his presentation for the city. Mr. Cravens, representative for the city, addressed the Board by saying the represenative for Ethridge School submitted an application for a new sign for Ethridge School which is located at the corner of Ethridge and North Colony Blvd. Their requesting a sign that exceeds the height of a permitted sign in the city. He said a sign can be only 10 feet high and that the request was for it to be 13 feet high. The reason being the school changes letters on the sign weekly and this would get it up higher so that letters could not be removed by the kids. Mr. Cravens said the city does not have a problem with the height of the sign, the only problem is they are requesting a pole sign and the city ordinance does not allow a pole sign. Mr. Cravens said is what he recommends, to give them a variance subject to it being a Monument Sign. Mr. Cravens then asked for any questions. Chairman Bauman asked from the ground to the Monument how tall would the sign be. Mr. Cravens replied 8 feet and that it has to go up so the poles cannot been seen. He mentioned Griffin School having a Monument Sign like this one. Mr. Middleton went on to explain the sign at Griffin School was put up sometime back. Mr. Cravens said it was permitted prior to our ordinance. Member Tate asked when the ordinance went into effect. Bob Hutchison, the City Inspector, replied in about 1980. Mr. Cravens finished with his presentation, Chairman Bauman then asked Mr. Middleton to make his presentation. Mr. Middleton in speaking said they were not trying to compete but was a nice way of communicating between school and community, also that the P.T.A. had taken up donations for the sign. Mr. Middleton said he had no problem with the Monument part of it. It could be skirted. Chairman Bauman then asked for those in the audience that wished to speak in support of the request. There were none. Those in the audience that wished to speak against the request. There were none. Chairman Bauman called on the applicant for a brief rebuttal. There was none. Chairman Bauman entertained a motion to close the Public Hearing for discussion. Member Catt made a motion. Member Poynter seconded. Discussion being brief, Chairman Bauman commented on seeing the sign as huge. Member Catt spoke some on past limitations, and that he had no problem with the height, but it being a Monument Sign was the most critical issue. Member Tate made a motion to accept the variance request as stated by the Building Official. Member Poynter asked that the word Monument be included in the motion. Member Catt seconded. Carried by all ayes. Mai 1 n ITEM # 2: PUBLIC HEARING: As requested by Chip Jones, Club Fore Sports Center, a variance on a wood frame structured building on light commercial zoning that requires non- combustable. Chairman Bauman asked Staff Member Tom Cravens to make his presenta- tion for the City. Mr. Cravens began by saying Chip Jones of Club Fore Sports Center had made a request for variance of a wood frame building on light commercial zoning that requires a non-combustable building. This he said was for a driving range and that the applicant had signed a contract with The City of The Colony and would be leasing the land from the city to build the driving range. Mr. Cravens said that all agreements to the contract have been signed. He said the building would be a temporary building which is the first phase of the driving range and would be used only for employees. Mr. Cravens said staff recommends that the variance be granted for the wood structured building. Mr. Cravens then asked for any questions. Member Tate asked what temporary meant. Mr. Cravens replied temporary was 3 to 5 years. Member Tate then asked what alternative was there. Mr. Cravens said metal instead of wood, that the ordinance states metal and this was the reason for the variance. Mr. Cravens said the location would be South of the Denton County Building, where the old Animal Shelter was located. Chairman Bauman then asked Mr. Jones to make his presentation. Mr. Jones showed staff a drawing of what the project would look like. Mr. Jones said that money was not the reason for the request a wooden structure would give him time to plan and finance a metal building which should be constructed within 3 to 5 years. The first phase is just the driving range which only needs a temporary building. At this time Mr. Jones introduced Mr. Austin, a representative for Space Masters which showed slides of various types of Modular Buildings. Pg 3 After the slide presentation Chairman Bauman asked Mr. Jones if the Corps of Engineers had approved the project. Mr. Jones replied yes. Member Poynter asked Mr. Jones how much of the project was located in the Flood Plain. Mr. Jones replied less than half of the tee box area. Member Poynter asked if the public would have access to the building for restroom use and getting the balls. Mr. Jones replied that they would. Chairman Bauman asked if the building would have a title. Mr. Jones replied it would be called a Pro Shop. Member Tate asked if he planned to expand this building in any way. Mr. Jones replied no. Chairman Bauman asked if any portion of the building was dedicated to retail. Mr. Jones said there would be no retail however there would be a coke and snack machine. Member Poynter asked what type of roof was going on the building. Mr. Jones replied that a 30 gauge galvanized steel would be the material used. Chairman Bauman then asked for those in the audience that wished to speak in support of the request. Mr. Tom Bogan stated that the city went out to find a developer to build a driving range because they felt it would benefit the city. Space Masters came in as well as others and they had a very professional proposal. In that proposal there was an understanding that it would be a wooden building. This proposal went through Planning and Zoning with the understanding that it was a wooden building. Mr. Bogan said Council was told the wooden building would be ok. He said a week later the developer met with the City Staff and it was discovered that this particular zoning had been changed to light commercial which does not allow a building without a one hour rating. Mr. Bogan spoke in favor of the building and urged the Board to approve the request. Chairman Bauman then asked for those in the audience that wished to speak against the request. There were none. Chairman Bauman called on the applicant for rebuttal. There was none. M Chairman Bauman entertained a motion to close the Public Hearing for discussion. Member Tate made a motion. Member Poynter seconded. With some discussion, Member Poynter said he felt the outside of the building could be stained to look very nice. Chairman Bauman said that a 4 out of 4 vote was very important and needed everyones input. Member Catt said he had a strong concern about commitment to success of businesses to The Colony. He was under the impression that the building would not be opened to the public but that seems to have changed. The definition of temporary concerned him. Member Poynter said that the contract with the city would not allow them to go over 5 years without coming back to the Board. Member Poynter made a motion to grant the 960 square foot temporary building as presented. Member Catt seconded. Carried by all ayes. The meeting adjourned at 9:10 p.m. V erry Uju�ison, Recording Secretary Pg 5 Rob Bauman, Chairman