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Home My WebLink About09211995 ZBA Minutes~, c • ~ • ZONING BOARD OF ADNSTMENT MINUTES FROM 9/21/95 REGULAR SESSION T`he Zoning Board of Adjustment came to order at 7:35 p.m. with the following regulaz members present: Chairman Sterling Minor, Sue Porretto, Melinda Snell and Michael Neal. Alternate Members present were: Amy Chaisson Seling, Lee Huber and Ty Hutchins. Present from the City were: Dennis Holm, Chief Building Official and Cathleen King, Building Secretary. Board introduced themselves and procedures explained. Notices were read and participants sworn in. Sue Porretto made a motion to approve the notices as posted, with Melinda Snell seconding and the vote for approval was unanimous. The voting members were: Sterling Minor, Sue Porretto, Melinda Snell, Michael Neal and Lee Huber. The first case on the Docket was 95-11 concerning property at 3611 University Blvd., Tract 6A, 7, 8, 9, 10A, lOB & 11, Block 25 (001 Track 16). This is a two part special exception request. The first request is asking to erect one (1) institutional sign, with a total display area less than thirty (30) squaze feet and showing only names, activities or services provided by the church. The sign would • be located on tract 7 of Block No. 25 (001 Track 16). The second request is for the principal use of a church in a Single-Family District. Chairman Sterling l~finor abstained from voting due to a conflict of interest. Lee Huber made a motion to elect Melinda Snell as temporary Chairman for this agenda item, with Sue Porretto seconding, the vote for approval was unanimous. The voting members were: Sterling Minor, Sue Porretto, Lee Huber, Michael Neal and Amy Selig. Dr. Douglas Caldwell, Pastor of West University United Methodist Church, resident at 3221 Amherst explained there is presently a small sign for the church at the corner of Mercer and University. The sign was there when he came four years ago and he had no idea it was in the public right-of-way. The church was given money to erect a new sign and when the sign application was made the city informed them the new sign could not be put back in the same location. The church decided this was an opportunity to cleaz up this issue and Dr. Caldwell suggested the new sign be moved behind the property line. The new sign, as he understands, meets the sign ordinance requirements. The display area has information about the church's activities, name and other services provided and does not exceed 30 square feet. Dr. Caldwell also stated that during the church's recent building program information came to the chwch's attention the church was operating under the assumption a special exception had been granted to have the church in a Single- • Family District, when that special exception opportunity had not been granted. They found the church property had only been granted an amendment to a certain portion of the Zoning Ordinance. Therefore, the church thought it would be appropriate to seek a special exception to correct this ~ ,~. • matter and the city would make a recommendation to Zoning Board of Adjustment to grant a special exception for a church in a Single-Family District. Dr. Caldwell said he is in favor of moving the sign back even though the city has said they would not make them move the present sign. He feels by moving the sign back, it would be out of hazms way and not make the sign a potential hazard. Ty Hutchins asked Dr. Caldwell if the proposed sign was lighted: Dr. Caldwell stated it was. The front of the sign is illuminated by a back florescent light so a person could see it. The current sign is not lighted. Melinda Snell asked if there where things about the sign the Board had objections to, would the church be willing to change the sign? Dr. Caldwell replied the sign had been ordered and all modifications the manufacturer would allow have already been made. Melinda Snell asked if the lettering on the new sign was permanent or moveable? Dr. Caldwell stated the lettering was moveable to allow identifying different activities that might occur. Sue Porretto asked if the new sign was lazger than the one currently there? Dr. Caldwell replied it was about the same size or a bit longer. • Melinda Snell asked if the church had conversation with the city in regards to the sign? Dr. Caldwell stated the church had originally wanted a sign larger than the allowed 30 square feet; however, the city advised them it could not be lazger. At the time of this contact the city noticed the original sign was in the city easement and requested the church place the new sign in the proper place. Michael Neal asked if the sign was to be illuminated, would it be 24 hours a day 7 days a week? Dr. Caldwell replied it would be illuminated the same as the front of the church with the photo electric cells turning the sign on with the outside lighting when it got dark and turning off in the early morrung. Lee Huber asked why the sign needed a special exception if the church was willing to bring the sign into compliance. Dennis Holm advised since the church is located in a Single-Family District an institutional sign is not allowed by Zoning Ordinance. In order for the sign to be in compliance, the church would have to be re-zoned, or granted a special exception allowing the institutional sign in a Single-Family District. Melinda Snell asked if Dr. Caldwell had any conversation with the city regarding the second request concerning a church in a Single-Family District. Dr. Caldwell stated the only conversation was about the discovery of the church only being granted an amendment to the Zoning Ordinance. The • church is more than happy to make the request to bring all of the records into proper order. No Correspondence was received in favor of the application. ,~ ~ „ • Dennis Holm, Chief Buildin Official stated the ci was re uirin the church to move the si n out g , t3' q g g of the right-of-way and be granted a special exception which would allow them to place the sign on the property since it is zoned Single-Family District. Also, at this time, the city has asked the church to seek a special exception allowing the West University United Methodist Church to be located in the Single-Family District legally known as Tracts 6A, 7, 8, 9, 10A, IOB, 11, Block 25; and N 1/2 of lot 6, Block 30; (001 Track 16) locally known as 3611 University Blvd. No Correspondence was received in opposition of the application. Amy Selig made a motion to close the evidentiary portion of the meeting, with Sue Porretto seconding and the vote for approval was unanimous. The voting members were: Sue Porretto, Melinda Snell, Michael Neal, Lee Huber and Amy Selig. After a brief discussion Sue Porretto made a motion to grant the first request for special exception allowing the church one (1) institutional sign, with a total display area less than thirty (30) square feet and showing only names, activities or services provided by the church and also grant the second request for special exception allowing a church in a Single-Family District. Ty Hutchins seconded the motion and the vote for approval was unanimous. The voting members were: Sue Porretto, Ty Hutchins, Melinda Snell, Michael Neal and Lee Huber. • Jim Dougherty, City Attorney for the City of West University Place, gave procedural books to the three new Board members and copies of all new information to the returning members of the Zoning Boazd of Adjustments. Mr. Dougherty explained the new contents and focused on tab five (5), to Conflicts Of Interest, the Charter and Chapter 171 of Texas State Laws. The next item of business would be the election of the Chairman and Vice Chairman. Melinda Snell made a motion to nominate Sterling Minor as Chairman for the Zoning Boazd of Adjustment, with Sue Porretto seconding and the vote for approval was unanimous. The voting members were: Sue Porretto, Lee Huber, Ty Hutchins, Lee Huber, Michael Neal and Melinda Snell. Sterling Minor made a motion to nominate Sue Porretto as Vice Chairman for the Zoning Board of Adjustment, with Amy Selig seconding and the vote for approval was unanimous. The voting members were: Sterling Minor, Lee Huber, Ty Hutchins, Lee Huber, Michael Neal and Melinda Snell. Sue Porretto made a motion to approve the minutes from the August 17, 1995 meeting with no conections, with Melinda Snell seconding and the vote for approval was unanimous. Sue Porretto made a motion to approve the minutes from the June 20, 1995 meeting with no corrections, with Lee Huber seconding and the vote for approval was unanimous. • Rules of Procedure were explained. Amy Selig stated there was nothing in the procedures advising if an alternate member is to vote. Sterling Minor suggested Ms. Selig prepare a draft. • i, • Melinda Snell made a motion to approve the Rules of Procedure with no changes, with Sue Porretto seconding and the vote for approval was unanimous. Sue Porretto made a motion to adjourn the meeting, with Melinda Snell seconding and the vote for approval was unanimous. The meeting adjourned at 8:45 p.m. CHAIRMAN AT'TEST: SECRETARY ~ ~