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Home My WebLink About07151971 ZBA Minutese~ 'z`~!~EETI~"~?^ CF ?Or''iN.~~ BOnn?' OF' A`JL'S`~P~r+,i`~~'I' JULY 1.~ , 1971 The Zoning; .Boa Place convened Ju?.y 15, 1971- Chairmen Flo;d und. Smith. rd o`' :~~~ j~~stmen'~ cf in .re^~~?l~.r session 7:3~ y~.~n. :,~it.~ tie f~ , iiurp~iy, preyi:~ir;_,, t~2c City of :°~est ?'riversity ~~t the City Ha? l ors Thursday, fel.lowing mer.??~r~rs ,resent Mrn~bers Fbanks , iiilton, Parks ApplicatiU?°i number 71-2, filed. by Mr. Tilton chT~rartz, attorney, ~ in behalf of I?r. P~orris '~. Le~~~c~Tr.-, re~laesting a.n interpretation of ~ the Zoriinu Oz•+-', in~.nce µri+~ City Attarr~E~ y Ch:~~rle~> Cackrell's written ~j opinion that the. loc~.tior. of :: pharm~vcy ire the Professional and "~ Business Office 1?uildir~g ?district would constitute a retail sales C4 operation, was pr~:ser..ted to tr:e Board for consideration. The 3oarc' was ~dt*ised, th<~.t the net~essary legal notice of public ?~iearirig har? been gi?ren by pt~blicFLtion in the Southwestern ~lrgus on ~ti'er'nesday, Ju.~e 1C, 371, ~.nr' ',Y:a.t all property owners within a 2C0' ra3_ius of the property had. boon mailer' notices on. June 2~, lg;~l, ~.r. ~"urphy roq~,estec that all ~~yY•sor's aY°esent and vrirhin~° to dis- cv.ss the application st~.nd ~.n~ be _~dr:~inister. ed. thE~ oat?^ and upon add~~essin~ the ~~SOa.Y~d ~t~~te t?^~.~.r name, address ar~d street number. of the rroperty oe~r~ed in the cit~p. The oat?~i j,,ac administered to th^ follo~ing n:r~~ons: Mr. ~q, 7..tar,. Bch*~~artz P:rs. C. ~. ~-~ax•r. icon, ~~~`~ ~ev?r1y Mill, 1.133 Cason Mr. George Docker, 4~.i1a.o Cason :fir. ~.?ohn ~?n~''el~..o'Z,, ~1~~~ Cr:~~o;~ I`ir~. John. Aroe'_loz, X1.1-~~ Cason. I~"rs • P^?1~.3„nf' ~ • hl~ne, ?~13~ Cason Per. Murphy stated. t?~;v~,t telepho e cal? s had. been. received from Mrs . Will~.am ~~Tvssbaum, 1~13~J CU.~O~'1 rynd ?hrs. George TRarsha~.l, 1~2C2 Be11.a- ire '.Boulevard a~-~d ~. letter frc~rx Rr. T~erbert :~~:ayer, X137 Cason, all of ~:h~.ch inr.~icated. they were r_ot opposed. tc the operation of a pharmacy i ~: the Clinic Building. Mr. Mzlton Schtiti7artz arreared before the Eowrd stating that if a pharmacy way: classified. as ~_, ret~.~ ~ est~.blishment in the true ser_se of the word. then the City of ~~n'est Ur i~,rersi ty by its sale of water to its citizens could also be cl~.ssified =~,s a retail business. Mr. Schwartz further stated. that he thoug.~t the opinion given by the City Attorney .ti7as a personal, ~~•nreasoriable and arbritrary opinion. ~Tr. Schwartz stated: that the ^~~opaser3 pharmacy would have no signs, no outside advertising or ligh{.;s, c,Tould operate possibly an hour ~.fter the closing of the c'.oGtor's o~'"ces located. in the building, woul', have no delivery service, anal. would. sell only prescription. anal. patentor;. drugs and. related. items, such as cotton, kleenex, toothpaste, etc. ~<r. vchwartz li?~er_ed the proposed operation to that of the Kelsey-Seybold Clinic. Ise In response to a uection by Mr. Murphy, ~~s to a list of rest- rictions that Tyr. ~epo~~,- inte.n~'e3 to ~_mrose on himself, Mr. Soh;~T~rtz stated that Y'ie h~~ 1 no such list, but tarould abide by ary :restrictions i~:posed by the Board. a.s a condition for. the ~;,r=~ntin~ of permi~:sion for the operation of the r~harmacy. Mr. ~"urphy za,r~visec3 T~ir. Schz~r~~.rtz th=at he considers the ox~eration of a rharma.cy as a retail business in that it will consist of buying merchandise on a,tnTholesale basin, selling at retail. prices, and. acing a crash register far the profit from the sale. Iri response to a question from i~r. Smith ~.s to .what items would be offered. for `sale as "related." i tezn_s Mr. Schwartz 'replied that it was the intent of the-pharmacy to sell only those items strct- ly corfinec? to pharm ,ceutic~a.l operations ~.nd no novelties, appli- ances, toys, ~?7aga7,i nes or items of that kinc?. and. nature would.. be offered. for sale. T~irs. Harris, owner of the propert~r loczted at X133 Cason, but r-ot ~. re.:~adent of t~1e City, stt~.te:? ti~at all of the property oT~;nets T~*ithin the ?40' ?^ac?ius of Lhe clinic ~~rere not opposed to the oper- ation of a prescription dispense»y, bu.t =.~~ere opposed_ to "retail" sales inasmuch a:' thin would.. be the first cr~.c~c in the zoning of that district. ~~rs. Harri son. further tit~.tec? that it was ti~Tith a specific promise th~.t no "retail" s~:les urould be permitted, the property o?anp„rs agreed. to the re-zonin~^ of the ~?roperty for Pro- fessional end. Office Bvildn~s. Mrs. Harrisor_ also stated th~.~t once the "retaf.l" sales provision of the ordinance vas brckere it ?ATou1d be that much easier for the next _rrofession::~l buildin4r, constructed. to request rermission for oiler=~tior. of "re';ai~" s~.'_es in conjunction with their profession, quoting architects, engineers, etc. =~.s passible e_x_:ar.~ples. Mr. r~eorge Dec?~e.r. , '~14~ Cason, stated that he ~~greed .rTith Pnr. r~~rrison and. ~l~ra;v not oproc>ed tc the operation of the pharmacy as a di snersary for drtzc~s but was ox~posed to aperation ^s a retail sales establishment. Tyr. ?eon B. {?ngel?oz, ~l?~5 Cason, state~3 that he was neither for nor ag2.inst the operation of the pharmacy, but inasmuch as he had. teen age bc~Ts l..i.~ring at ho:cve 'sae tn~:~~ concerned. abo~xt security ~nes.surec that ttiTta~.;:ld be used. for the pharm~.cy. tits. Pauline ..line, !136 C~~son, ct~ted that residents of .the area fo~zght Mr. ~'eldcnan for years to deep the property from being; re- zonec~. for commerci~.~_ purposes an.~? only agreed. to the .rezoning upon assurance that there wo?~l•:' be no reta:i.1.. sa~..es permitted.. Mrs.. ion ?. Angel~oz, 1-i11~~ Cavor~, stated. tri~t she a~,rec~d with her hlasbar,~. and. i~~as neither for o~ ~ ~r~ inst the pharmacy, but UTas con- cer*,~ed t~3at t'nere mi^~ht be outside deliveries usinm motorcycles a.nd th~~ poss{ bi~.it;;r of tr ~s'rz -~.ccumulati ens behind the buildi.nt~. In su.;~u~atian, Mr. Schw~xrtz stated. that there seemed. to be three main objections to the ?.ocat:~.c~x of th.~, ~~rarms-~.cy, tYo:ye being: the use of cash registers; ope?~ing ~~ aoor to other relatea business- es in the district; and.. the safety measures to be used. in regard tc drugs. Mr. Schta~.rtz repeated. an earlier opinion that pharr~acy is a recognized. professioi-z; that this :~rnlc~.tion should. not be con- sYdered on ftzt~zre applications; an~'? that he ~~Tas corYfident all pos- sible safety measures i n regard. to drugs ~*auld be used. . C'rJ d'a ~~ There being; no furtY~Er pQrsors desiring to be heard., t"rye following action was taken: N°;otion by ^tiz~i~•man N_'urphy, seoonded b~- Mr. riil- ton, that; the public hearing ire closed-. ~Totin~; Aye : A11 'Toting No : None Chairman NI~_?rphy vadvised. Chase present that the Board Tti*ould go into executive session at this time and a~~ri~,Te at a decision based on the facts presented. to them. After general discussion a vote way taken shoo*in~; that t;wo members Caere in fa~Tor of the application, t~ao me*nbers were opposed. to the apr_lication and. the fifth vote abstained. Inasmuch as the rules of proced?ire of the Zoning Board. of Ad justmer_t state that there must be four concurring votes, the application vaa.s denied. Motion by C'~?airmar. Murphy, seconded. by Nr. Milton, that the visitors be advised. of the results of the vote taken on the application. ~Jotin;g Aye: All Vating No: NTOne There being na f?xrther business to cone before the Board. at this. time, upon motion duly made, seconded and, carried, the meeting caas adjourned at 9:~0 p.m. Chairman ATTEST: Secretary ~~ 1 1