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HomeMy WebLinkAbout12161993 ZBA Minutes• ZONING BOARD OF ADJUSTMENT MINUTES FROM DECEMBER 16, 1993 REGULAR SESSION 7:30 P.M. The Zoning Board of Adjustment came to order at 7:30 p.m. with the following members present: Sterling Minor, Chairman, Frank Billings, Vice Chairman, Stephen Masera, Arden Morley, Rob Peterson, Melinda Snell. Also present from the City were Ed Beasley, Building Official, and Susan Thorn, Building Secretary. Members introduced themselves and procedures were explained. No residents were present to express opinions regarding any items that were not on the agenda. Frank Billings made a motion to adopt the revised Zoning Board of Adjustment Rules of Procedure. This motion was seconded by Rob Peterson. Voting was unanimous. The first case on the Docket was 93-20, concerning property located at 6546 Buffalo, Lot 1, Block No. 31, WUP lst Addition, an application filed by Pat R. Bullard requesting a variance to authorize a lot to be subdivided into two lots which would not comply with the Zoning • Ordinance. Notices were read and participants were sworn in. Frank Billings made a motion to approve the notices as posted. Arden Morley seconded the motion. Voting was unanimous. A letter was received from the Applicant Pat R. Bullazd withdrawing this application until a later date. The second case on the Docket was 93-21, concerning property located at 2609 Sunset, Lots 16, 19, 20, 21, West 20' of Lot 17, Block 3, Evanston Addition filed by Triangle Realty Company, a request for a Special Exception to authorize an auto intensive use in a Commercial District (Drive Thru Restaurant). Notices were read and participants were sworn in. Arden Morley made a motion to approve the notices as posted. This motion was seconded by Frank Billings. Voting was unanimous. Edelmiro Castillo of Triangle Realty, and Suzaiuie Hopkins of Taco Bell were in attendance to explain their application. Mr. Castillo explained that Taco Bell wishes to purchase the • property in question with the intent to construct a new Taco Bell at that location. He • explained that no traffic studies have been done at this time, but the study could be provided if necessazy. Suzanne Hopkins explained that they did not have the sales tax information available but that also could be provided. Mr. Castillo explained that Taco Bell had signed a contract and aze waiting for permission to be granted to build. No correspondence was received in favor of the application. Mr. Beasley, Building Official gave the City's point of view. Mr. Beasley explained that the application is to allow an auto intensive use in a commercial district. An auto intensive use is only allowed in a commercial district by special exception. This request is to allow a Taco Bell with egress onto Sunset Blvd. The City feels that this would create excessive traffic on a residential street and could be dangerous for children and residents on the residential streets. Therefore, the City is opposed to the request to allow an auto intensive use on this property. The following residents spoke in opposition of the Special Exception: Paul Kasperson of 2616 Nottingham spoke in opposition explaining that the traffic was already very heavy. A1 Schuler of 2600 Blk of Sunset spoke in opposition. He explained that the traffic was extremely heavy in that azea. • Sharon Graf of 2617 Sunset explained that in the past the Sunset Tea Room created a problem for residents. The residents could not get in and out of their own driveways. At that time the residents took a petihon to the City. The Fire Department agreed that fire trucks could not go through the street with so many cars parked in the street. Brian Knotts of 2723 Nottingham who is a Real Estate Appraiser with Action Mortgage located at 5656 Kirby explained that the value of the land would decrease 10 to 15 percent if the Taco Bell was constructed. Those properties located directly next to the Taco Bell would decrease in value almost 20 percent. Dan Johnson, a resident of the Wakeforest, Nottingham azea explained that at times during the day you cannot get out of your driveway. Mr. Johnson explained that this would direct more people and vehicles from outside the City into the City. He further stated that Triangle Realty had purchased the property with the intent of its use being "light commercial". Mr. Alexander, a resident of 2723 Sunset explained that "Auto Intensive" would create problems and disrupt City services. He explained that customers of the Sunset Tea Room used to park all up and down the street. Sharon Cohen presented a petition from residents of the Sunset azea. This petition remains a part of these minutes. • Sandra Coffner of 2631 Sunset spoke in opposition. Paul Francetti of 2616 Sunset explained that construction of this proposed Taco Bell would • put an additional burden on other public services. He explained that it would create an atmosphere more conducive to the criminal aspect. He explained that when the Kerr McGee office buildings were located there that kids were spraying graffiti on the fences. He further explained that the Sunset Tea Room's dumpster had created a rodent problem. He was also concerned the there would be additional problems with lights and noise. Peggy Cannon, a resident of the Sunset area, read from the City Council minutes of February Sth, 1985. A copy was made part of the application file. Rick Lawson, resident of Nottingham spoke in opposition. Brenda Keith, a resident of 2705 Sunset explained that this would create an additional traffic threat to children. Brian Watts, a resident of 2723 Nottingham expressed concerns that this would put an additional burden on the City's sewer system. Correspondence was received in opposition and placed in the appeal file. Frank Billings made a motion to close the evidentiary portion of the heazing. This motion was seconded by Arden Morley. Voting was unanimous. • The third case on the Docket was 93-22 concerning property located at 2604 Nottingham, Lots 7, 8& 9, Block 4, Evanston Addition an application filed by Triangle Realty requesting a Special Exception to authorize an Auto Intensive use in a Commercial District (Drive Thru Restaurant). Edelmiro Castillo of Triangle Realty and Suzanne Hopkins of Taco Bell were in attendance to explain their application. Ms. Hopkins explained that this was a request for a Special Exception to allow the construction of a Hot 'n Now, which is a fast food restaurant which serves hamburgers and french fries. She explained that they had made some quick calculations for the Sales Tax that would be collected and determined would be approximately $8000 a month for the Hot 'n Now and $14,000 a month for the Taco Bell. Ms. Hopkins explained that this type of restaurant is a drive thru restaurant only and will not have any seating. Ms. Hopkins further explained that the restaurant would have it's highest volume at lunch time. She also stated that a research study could be provided to alleviate potential traffic problems. u Edelmiro Castillo explained that he first brought the plans to the City in March of 1993 and • spoke to Kurt Lothman, a plan checker in the Building Dept. He also spoke to Jerry Burns of Public Works, who told them that they would need to pump the grease trap about once a month. Mr. Castillo explained that they thought that going before the Zoning Board of Adjustment was just a formality. No correspondence was received in favor of the application. Ed Beasley, Building Official gave the City's point of view. Mr. Beasley explained that this application is to allow an auto intensive use in a Commercial District. An auto intensive use is only allowed in a Commercial District by special exception. This request is to allow a Hot 'n Now with egress onto Sunset Blvd. The City feels that this would create excessive traffic on a residential street and could be dangerous for children and residents on the residential streets. Therefore, the City is opposed to the request to allow an auto intensive use on this property. The following residents spoke in opposition: Brian Watts, a resident of the Nottingham area explained that the street is very narrow and that would increase the burden of traffic to this azea. Dan Johnston, a resident of 2736 Nottingham explained that these two establishments would • have additional non West University traffic driving into the interior of the City. Robert McBride, a resident of 2731 Nottingham explained that he as a past member of the Zoning Board of Ad~ustment was reminded of a very similar problem addressed by the Zoning Board of Adjustment a year ago with the request filed for Special Exception by the Owners of the Bellaire Shopping Theater in the Ruskin Area. Mr. McBride felt that this Special Exception should not be granted. Margot Show, a resident of the azea expressed her concern about the ingress and egress off of the side streets would create additional tr~c problems. Shazon Cohen of 2711 Sunset spoke in opposition. Sandra Coffner of 2731 Sunset expressed her concerns about problems created with outside seating. Paul Francetti, a resident of 2615 Sunset spoke in opposition. Shazon Graf a resident of 2617 Sunset spoke in opposition. Mazilyn Pollack, a resident of the area spoke of her concerns regazding traffic and lighting. Peggy Cannon, a resident of 2703 Sunset spoke in opposition. • R.ick Lawson, a resident of the area spoke in opposition. Odell Roberts, a resident of 2703 Nottingham spoke in opposition. Ms. Roberts explained • that she felt that the residents should have protection within the City Ordinances. She further explained that if this Special Exception were granted that the residents would have to live with this everyday. Brenda Keith, a resident of 2705 Sunset spoke in opposition. Frank Billings made a motion to close the evidentiary portion of the heazing. This motion was seconded by Arden Morley. Voting was unanimous. The fourth case on the Docket was 93-23 consideration of property located at 3771 Robinhood, Lot 4 and the East 1/2 of Lot 3, Block 1, Sunset Terrace Addition, an application filed by Stephen D. Keller and DeJeanne P. Keller requesting a variance of the side setback. Notices were read and participants were sworn in. Frank Billings made a motion to approve the notices as posted. This motion was seconded by Arden Morley. Voting was unanimous. Steve Keller, Owner of the property at 3771 Robinhood explained his request. Mr. Keller explained that the house is already constructed and he and his wife are already aze living there. He explained that during construction a forms survey was done prior the the foundation being poured. This forms survey showed the House and Porte Cochere at 5' and • the Garage at 3'. His lot is 63 1/2' wide. A problem with the fence location was brought to his attention the adjoining neighbor and another survey was done at that time. It was discovered at that time that the house and porte cochere only have a 3' setback and the Gazage only has a 1 1/2' setback. Mr. Keller explained that he is requesting a variance to allow the house and gazage remain with the lesser side setback explaining that the first survey was done in good faith and the error was not intentional. The first survey he had done when buying the property and the forms survey were in agreement. It was not until the third survey that the error was discovered. Mr. Keller explained that the garage is a two story garage and that there is a room above the porte cochere. He explained that the cost would be substantial to teaz these down. One letter was received in favor of the application from Mrs. Norma A. Boyer, a resident of 3780 Robinhood. This letter remains a part of the file. Ed Beasley gave the City's point of view. He explained that this request is to allow a lesser side setback than allowed by Section 7-100 of the Zoning Ordinance. Appazently a mistake was made in the survey of the property and there aze two sets of property pins. The house in constructed and alterations to correct this problem would be very difficult. The City has no specific opinion to the vaziance request to allow a lesser side setback. Clarence Parker and Patsy Colter, Owners of the property east of the property in question • explained that Ms. Colters husband noticed the fence post being set inside their property line. They contacted Mr. Keller at that time and the fence posts were removed. They hired their • own surveyor who had no difficulty in locating the original iron pins. They expressed the opinion that the iron post pins were possibly placed by the surveyor who had done the faulty survey. Mr. Parker explained that this raised questions as to if there are other violations as a result of the shoddy workmanship. Mr. Parker and Mrs. Colter requested that the Board deny the vaziance. Mrs. Colter explained that she and her husband discovered the discrepancy themselves. Her brother Mr. Pazker lives out of state. Her husband owns no part of this property and Steve Keller was well aware of this fact. Mr. Keller has never spoken to her or her brother who are Owners of this property. She stated that the Boazd should investigate the other homes that Steve Keller has built. Mrs. Colter explained that she and her brother have only seen the survey that they requested. Ralph Berry of 3766 Arnold explained that he noticed persons in his yard prior to the construction of the house at 3771 Robinhood driving stakes in his yard two feet over. He spoke to the Surveyor, Fred McConnell at that time and told them they were wrong. They had encroached 7" onto his property. Frank Billings made a motion to close the evidentiary portion of this hearing. This motion was seconded by Rob Peterson. Voting was unanimous. The meeting adjourned at 10:20 p.m. for a brief break. During a discussion of 93-21, Frank Billings stated that a fast food restaurant would create significant parking & traffic problems. Mr. Billings further stated that the Zoning Ordinance • never intended for auto intensive uses feeding onto side streets. Sterling Minor stated that the two streets in particular would have an overwhelming burden. Frank Billings made a motion that the ZBA deny the request for Special Exception, as this is an auto intensive use. This motion was seconded by Arden Morley. Voting was unanimous. Melinda Snell did not vote. After a brief discussion of 93-22, Frank Billings made a motion to adopt the last motion and deny the request for Special Exception. This motion was seconded by Arden Morley. Voting was unanimous. Melinda Snell did not vote. During a discussion of 93-23, it was stated by the Board Members that even though the Surveyor may have had prior knowledge of a problem they do not know if Steve Keller was informed. Melinda Snell voting in place of Stephen Masera, made a motion to grant the vaziance to allow the Porte Cochere to remain for 15 years and the gazage to remain for ten. This motion was seconded by Arden Morley. Voting aye were Sterling Minor, Melinda Snell, Arden Morley and Rob Peterson. Voting No was Frank Billings. ~ • Frank Billings made a motion to adjourn. This motion was seconded by Rob Peterson. Voting was unanimous. The meeting adjourned at 11:20 p.m. Chairman Attest: Secretary ~ C~