HomeMy WebLinkAboutZBOA Minutes 1987-11-17 Regular REGULAR MEETING
BOARD OF ADJUSTMENT
NOVEMBER 17 , 1987
MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT
OF THE CITY OF FRIENDSWOOD WHICH WAS HELD AT CITY HALL ON
NOVEMBER 17 , 1987 WITH THE FOLLOWING MEMBERS CONSTITUTING A
QUORUM:
CHAIRMAN HAL TAYLOR
REGULAR MEMBER DR. TOM SULLIVAN
REGULAR MEMBER ELVIA SALYER
REGULAR MEMBER STEVE JOHNSON
ALTERNATE MEMBER MARY ELLEN BELLARD
ALTERNATE MEMBER HOWARD YEAGER
BUILDING INSPECTOR NICK CAPUANO
SIGN CODE ENFORCEMENT OFFICER CAROLYN MAUTNER
ASSISTANT TO CITY SECRETARY JANE TOLLETT
CHAIRMAN HAL TAYLOR CALLED THE MEETING TO ORDER . HOWARD YEAGER
WAS APPOINTED REGULAR MEMBER FOR THIS MEETING.
CHAIRMAN TAYLOR CALLED FOR PUBLIC INPUT REGARDING REQUEST FROM
BILL GRAY OF 1106 MYRTLEWOOD , LONGWOOD PARK SUBDIVISION, TO SEEK
VARIANCE OF (A) HOME 25 FEET FROM REAR PROPERTY LINE OR (B) HOME
25 FEET FROM REAR PROPERTY LINE AND 10 FEET FROM RIGHT PROPERTY
LINE .
BILL GRAY STATED THAT HE IS ASKING THE BOARD FOR A VARIANCE OF 13
FEET REAR SETBACK IN ORDER TO BUILD HIS HOME ON THE UNIQUELY
SHAPED LOT . HIS WIFE HAD APPEARED BEFORE THE BOARD IN OCTOBER
AND THEY HAVE DECIDED TO ASK FOR THE ABOVE REQUEST . THERE WAS
DISCUSSION FROM THE BOARD REGARDING THE PIPELINE EASEMENT IN THE
REAR YARD BUT NICK CAPUANO , BUILDING INSPECTOR STATED THAT THIS
WOULD BE ACCEPTABLE .
CHAIRMAN TAYLOR CALLED FOR PUBLIC INPUT REGARDING REQUEST FROM
BOBBY CARTER , OF KUSTOM PAINT & INTERIORS , 140 WEST PARKWOOD ,
FRIENDSWOOD CROSSING SHOPPING CENTER , TO SEEK VARIANCE FROM SIGN
ORDINANCE TO INSTALL ONE 4X6 FOOT FREESTANDING SIGN.
BOBBY CARTER ADVISED THE BOARD THAT THE SIGNAGE HE IS NOW
PERMITTED ON THE WALL OF THE SHOPPING CENTER IS T0O SMALL TO READ
FROM FM528 AND IT MAKES IT DIFFICULT FOR PASSERS BY TO SEE HIS
STORE BECAUSE OF. THE LOCATION OF BURGER KING AND A FREESTANDING
SIGN WOULD NOTIFY PEOPLE OF HIS EXISTENCE IN THE CENTER . THE
BOARD DISCUSSED THIS WITH HIM AT LENGTH .
CHAIRMAN TAYLOR CALLED FOR PUBLIC INPUT REGARDING REQUEST FROM
BILL STAGNER , OF WEDGEWOOD VILLAGE JEWELERS , 636 SOUTH
FRIENDSWOOD DRIVE , STONESTHROW SHOPPING CENTER , TO SEEK VARIANCE
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FROM SIGN ORDINANCE TO INSTALL ONE 4X8 FOOT FREESTANDING SIGN.
BILL STAGNER STATED THAT HIS BUSINESS NEEDS MORE VISABILITY TO
ATTRACT MORE PEOPLE TO HIS STORE . HE FEELS THAT THE SIGN '
ORDINANCE ALLOWS A SIGN ONE PLACE AND IT IS DISALLOWED IN ANOTHER
AND THIS IS UNFAIR TO BUSINESS . IN ORDER TO ATTRACT MORE PEOPLE
AND LET THEM KNOW HE IS THERE AND ESPECIALLY THROUGH THE
HOLIDAY SEASON, HE IS ASKING FOR THIS SIGN. DISCUSSION FOLLOWED
AT LENGTH.
CHAIRMAN TAYLOR CALLED FOR PUBLIC INPUT REGARDING REQUEST FROM
DON BEETH, OF FRIENDLY COMPUTERS , 126 A . SOUTH FRIENDSWOOD DRIVE ,
CAPTAIN'S CORNER SHOPPING CENTER , TO SEEK VARIANCE FROM SIGN
ORDINANCE TO INSTALL ONE 4X8 FOOT FREESTANDING SIGN.
JIM PENDLEN , ATTORNEY REPRESENTING DON BEETH SPOKE FOR HIM
STATING THAT WITHOUT A FREESTANDING SIGN HIS BUSINESS IS
WORTHLESS. HE IS ASKING FOR ONE OF THREE OPTIONS: 1 ) A PERMANENT
FREESTANDING SIGN 2) PERMANENT VARIANCE ON FREESTANDING SIGN OR
3) A TEMPORARY VARIANCE FOR A SPECIFIED AMOUNT OF TIME . HE TOLD
THE BOARD THAT IF ONE OF THE THREE IS NOT GRANTED HIS BACK IS UP
AGAINST THE WALL AND A POSSIBLE LAWSUIT WILL FOLLOW TO INQUIRE AS
TO THE EFFECTIVENESS OF THE SIGN ORDINANCE IN THE CITY OF
FRIENDSWOOD . DISCUSSION FOLLOWED AT LENGTH..
CHAIRMAN TAYLOR CALLED FOR PUBLIC INPUT REGARDING REQUEST FROM
EARL GARDNER , OF GRACE FAMILY FELLOWSHIP , 209 FRIENDSWOOD DRIVE ,
TO SEEK VARIANCE FROM SIGN ORDINANCE TO INSTALL ONE 5X10 FOOT
FREESTANDING SIGN.
THE APPLICANT REGARDING THE ABOVE REQUEST DID NOT APPEAR AT THE
MEETING.
CHAIRMAN TAYLOR CALLED FOR CONSIDERATION AND POSSIBLE ACTION
REGARDING REQUEST FROM BILL GRAY OF 1106 MYRTLEWOOD , LONGWOOD
PARK SUBDIVISION TO SEEK VARIANCE OF 13 FOOT REAR SETBACK.
**DR . TOM SULLIVAN MADE THE MOTION TO GRANT THE VARIANCE OF A 13
FOOT REAR SETBACK AT THE LOCATION OF 1106 MYRTLEWOOD .
ELVIA SALYER SECONDED THE MOTION . THE MOTION WAS UNANIMOUS .
CHAIRMAN TAYLOR CALLED FOR CONSIDERATION AND POSSIBLE ACTION
REGARDING REQUEST FROM BOBBY CARTER , OF KUSTOM PAINT & INTERIORS ,
140 WEST PARKWOOD , FRIENDSWOOD CROSSING SHOPPING CENTER , TO SEEK
VARIANCE FROM SIGN ORDINANCE TO INSTALL ONE 4X6 FOOT FREESTANDING
SIGN.
**HOWARD YEAGER MADE THE MOTION TO GRANT THE VARIANCE TO KUSTOM
PAINT TO INSTALL A ONE 4X6 FOOT FREESTANDING SIGN .
THE MOTION DIED FOR LACK OF A SECOND .
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CHAIRMAN TAYLOR CALLED FOR CONSIDERATION AND POSSIBLE ACTION
REGARDING REQUEST FROM BILL STAGNER , OF WEDGEWOOD JEWELERS 636
SOUTH FRIENDSWOOD DRIVE , STONESTHROW SHOPPING CENTER , TO SEEK
VARIANCE FROM SIGN ORDINANCE TO INSTALL ONE 4X8 FOOT FREESTANDING
SIGN.
**DR . TOM SULLIVAN MADE THE MOTION TO GRANT THE VARIANCE TO BILL
STAGNER TO INSTALL A 4X8 PERMANENT FREESTANDING SIGN .
THE MOTION DIED FOR LACK OF SECOND .
**STEVE JOHNSON MADE THE MOTION TO GRANT THE VARIANCE TO BILL
STAGNER THIS DATE TO INSTALL A 4X8 TEMPORARY FREESTANDING SIGN
THIS DATE UNTIL JANUARY 1 , 1988 .
HOWARD YEAGER SECONDED THE MOTION . THE MOTION FAILED 2 TO 3 .
TAYLOR , SALYER AND SULLIVAN OPPOSED .
CHAIRMAN TAYLOR CALLED FOR CONSIDERATION AND POSSIBLE ACTION
REGARDING REQUEST FROM DON BEETH, OF FRIENDLY COMPUTERS , 126 A .
SOUTH FRIENDSWOOD DRIVE , CAPTAIN ' S CORNER SHOPPING CENTER , TO
SEEK VARIANCE FROM SIGN ORDINANCE TO INSTALL ONE 4X8 FOOT
FREESTANDING SIGN .
CHAIRMAN TAYLOR TOLD THE BOARD AND MEMBERS OF THE AUDIENCE HE HAD
SPOKEN TO CITY ATTORNEY JOHN OLSON REGARDING THE SECTION IN THE
SIGN ORDINANCE IN QUESTION. JOHN OLSON ' S OPINION IS THAT IN A
COURT ACTION THE SPECIFIC WOULD BE RULED OVER THE GENERAL IN LAW;
THEREFORE , IN HIS OPINION , THAT PORTION OF THE SIGN ORDINANCE
(SECTION 21 . 0 AND SECTION D .2) IN QUESTION WILL HOLD IN A COURT
OF LAW.
**HOWARD YEAGER MADE THE MOTION TO GRANT A VARIANCE TO DON BE.ETH,
FRIENDLY COMPUTERS , TO SEEK VARIANCE TO INSTALL ONE 4X8 FOOT
PERMANENT FREESTANDING SIGN .
THE MOTION DENIED FOR LACK OF A SECOND .
AT THIS TIME DON BEETH STATED HE DID NOT WANT A TEMPORARY
VARIANCE AND STATED HE WANTED TO GO ON RECORD THAT HE WITHDREW
ALL OTHER MOTIONS BEFORE THE BOARD OF ADJUSTMENT .
JIM PENDLAND SPOKE FOR MR . CARTER OF KUSTOM PAINT THAT HE DID NOT
UNDERSTAND THE VARIANCE GRANTED EARLIER AND HE WAS CONFUSED . HE
ASKED THE BOARD IF HE COULD REQUEST A TEMPORARY VARIANCE .
**HOWARD YEAGER MADE THE MOTION TO GRANT THE VARIANCE TO INSTALL
A. TEMPORARY SIGN UNTIL JANUARY 1 , 1988 .
THE MOTION FAILED FOR LACK OF A SECOND .
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THE MINUTES FROM THE REGULAR MEETING OF AUGUST 25 , 1987. WERE
APPROVED AS REVISED .
THE MEETING ADJOURNED AT 8 : 30 P .M.
72//5-XT7
HAL TAYLOR , CHAIRMAN
J E TOLLETT � ✓ 7
ASSISTANT TO CITY SECRETAR
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