HomeMy WebLinkAbout01171991 ZBA Minutes.,
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ZONING BOARD OF ADJUSTMENT
MINUTES FROM JANUARY 17, 1991
The Zoning Board of Adjustment meeting came to order at 7:30
P.M. with Acting Chairman Sterling Minor, Robert Heaton,
Robert Crain and Victor Hansen present. Mr. Perry, Chief
Building Official, and Elizabeth Bethune, secretary, from
the city were present. Notices were read and participants
were sworn in.
The only case on the docket was #91-23, 5300 Kirby. Frances
McMahon Conoco's contracted agent, and Bill Morris,
consulting Engineer, representing Conoco presented their
case. Mr. McMahon made a formal request for a special
exception to allow a service station to be constructed on
the property located at 5300 Kirby, Southwest corner of
Kirby and Bissonnet. There has been a service station
located on this property for many years. In accordance with
the Zoning Ordinance a special exception must be obtained
• for a new service station to be constructed on this
property. Also requested is a variance for a canopy
overhang of 3' into the front setback along Kirby.
Mr. Morris said the existing pump canopies are within 16' of
the front property line and the new station structure would
be pushed back and only a 3' portion of the canopy would
encroach into the setback. It was explained that there
would be 4 pump islands with 1 pump structure on each island
servicing 2 cars simultaneously.
A discussion was held concerning the placement of the
buildings on the property and the relationship of the pump
islands and canopies for automobile access and egress. The
location of the entrance curb cut was also discussed.
Mr. Perry gave the City's viewpoint: Under the terms of the
Ordinance 12-103 stating when a principal building is
constructed the property loses prior nonconformance as to
usage. The commercial area and the service station would be
a medium commercial use that would not be allowed. The
Zoning Board of Adjustment may issue a special exception to
allow a medium commercial use under certain circumstances.
The City's position is that a medium commercial use for this
particular location would not impact the residential area.
~ Robert Crain made motion to close the public portion of the
meeting and Victor Hansen seconded. Motion Carried.
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After a brief discussion, motion was made by Victor Hansen,
seconded by Robert Crain to grant a special exception to
allow a medium commercial use and grant a variance to allow
the canopy to overhang the front setback line by 3'. Added
to the motion by Mr. Heaton was that construction abide by
all ordinances of the City. This addition was excepted by
Mr. Hansen. Motion carried.
Motion was made by Robert Heaton and seconded by Victor
Hansen to approve the minutes. Motion carried.
Motion was made by Robert Crain and seconded by Victor
Hansen to adjourn the meeting. Motion carried and the
meeting adjourned at 8:35 P.M.
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ATTEST:
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Secretary
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