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ZBOA Minutes 1977-10-25 Regular
MEETING OF THE FRIENDSWOOD BOARD OF ADJUSTMENTS October 25, 1977 SUBJECT: A second request by Mr. Robert Laguarta of Robert's Auto Parts, to erect a sign larger than 50 sq. ft. at 306 Friendswood Drive. The meeting was called to order by Chairman Foster at 7 :30 p.m. , with the following members present: Bruce Foster George Rummel Andy Knight (alternate) William Taylor William Dykes (alternate) Ray Nelson Harold Whitaker (alternate) With all alternates and members present , a motion was made by William Dykes, and seconded by Ray Nelson, that all alternates and regular members be allowed to vote equally at all meetings. The motion passed unanimously. Bruce Foster read letters from the building official, and the president of the community appearance board. (copies attached) Bruce Foster announced that he had consulted the City Attorney and Board of Adjustment had the right to make a ruling on this case. Mr. Robert Laguarta introduced his attorney, Mr. Tom Cunningham, who presented the case for Roberts Auto Parts. They are requesting permission to erect a two sided sign 8'X 9' or 72 sq. ft. , this sign would be 22 sq. ft. larger in surface area than ordinance allows. He claimed that experienced sign people said that is the minimum size to effectively advertise their business. Mr. Laguarta claimed that he had measured many signs in the City which were larger than 50 sq. ft. , including the "Sonic" sign which was erected recently. A mockup of the proposed sign was shown to the board. Mr. Laguarta claimed his business will suffer if any sign smaller than 8' X 9' is used because people will not be able to find his place of business. He also said he had talked to Mayor Lowe and the City Manager and they asked him if the proposed ordinance now being prepared prohibited signs this large, and those not in compliance were asked to make theirs in compliance, would he be willing to do so. He said he would. The question was raised of why the "Sonic" sign, put up in June 1977, and exceeding 50 sq. ft. , was approved. The Building Official said this sign was approved by the City Manager, because it was a prefabricated sign used at all "Sonic" locations and it would be a hardship case if the city asked for a smaller sign. Carolyn Jones asked if Roberts Auto Parts would be on their building as well as the 8' X 9' free standing sign. The answer was yes. She reported that her committee (Friendswood Community Appearance Board) had completed their survey of all businesses and many citizens of the city, and was ready to submit their report and recommendations to the City Council. It will take three (3) readings at Council to become part of the City Ordinance and Laguarta said he could not wait that long. Laguarta claimed that experienced sign makers had advised him that 8' X 9' sign with lettering as shown in mockup, was the minimum size that could be seen from 1000 feet away. The following comments were made by Friendswood citizens who attended the meeting. 1. Sue Hutchins - Is against the ordinance, does not believe size of sign will make much difference in volume of business, thinks a 50 sq. ft. sign is adequate, believes if Board of Adjustments grants approval on this application for a 72 sq. ft. sign others will also want to erect oversize signs. 2. Dr. Bill Jones thinks a 50 sq. ft. sign in a 30 mile per hour speed zone is adequate to be read by people driving by. 3. Judy Lewis - wanted to know why Sonic was not turned down. She did not think it was fair to Laguarta to turn him down when Sonic was approved. 4. Harold Whitaker-said that if other signs are not in compliance that have already been put up it is up to the city to bring them into compliance. Letter attached from Mr. Culp is a start in that direction. A motion was made by Dykes, seconded by Whitaker, that the Board of Adjustments turn down the request by Mr. Robert Laguarta to erect his sign with 72 sq. ft. of surface area. FOR: Foster AGAINST: Dykes Rummel Whitaker Taylor Nelson Knight MOTION FAILED A motion was made for adjounnment, the meeting adjouned at 9:15 p.m. Secretary October 24, 1977 Y TO BRUCE FOSTER AND THE MEMBERS OF THE BOARD OF ADJUSTMENTS: The Friendswood Community Appearance Board wishes to make known to the Board of Adjustments its position in support of enforcing the present sign ordinance as it is written, without exception, in the belief that such action is appropriate in protecting the interests of the citizens of Friendswood until such time as the new sign ordinance is completed and approved. THE FRIENDSWOOD COMMUNITY APPEARANCE BOARD Carolyn Jones, President Lucy Ger any, Secretary November 10, 1977 Re: Correction to the minutes of the meeting of the Friendswood Board of Adjustments held on October 25, 1977. Subject: A second request by Mr. Robert Laguarta of Robert's Auto Parts to erect,.a sign larger than 50 sq. ft. at 306 Friendswood Drive. A mistake was made in writing up these minutes by the Secretary. On page 2, the recording of the vote on the motion made by Dykes to turn down the request of Mr. Robert Laguarta was recorded incorrectly. Those who voted against the motion were Foster, Rummel and Taylor. Those who voted for the motion were Dykes, Whitaker, Nelson and Knight. This is a reversal of the way the minutes were written. This letter is to correct the mistake. �dswood B an us mentSRARY: •D���O 1, RALPH L.LOWE ✓ yo �l'- O eity � J7 . � /C � JAMESC.MORGAN Q `^l�j'' rzen(!,(J�Vwoo City Manager Councilmen `y a V BENNV R.BAKER f !b � RICHARD L.HAKEN 109WILLOWICK - PHONE482-3323 PAULE.MAAZ F R I E N DSWOOD, TEXAS 77546 WILLIAM B.PATTON THOMAS F.LAV EDWARD O.ZEITLER BOBBIE C.HENRY �— City Secretary ?EXAS May 27, 1977 Mr. and Mrs. Kenneth L. White 1208 Timberlane Friendswood, Texas 77546 cc. file Dear Mr. and Mrs . White: This letter will confirm action taken by the Friendswood Board of Adjustments at which meeting you appeared on May 24, 1977. full consideration of our request to run a fence along both After u y q sides and the front of the empty lot you own at 1208 Deepwood , known as lot 7 , the following motion was made and passed unanimously by erected on lot 7 must stop twenty the Board: That any fence e p Y feet 20' from the property line facing on Deepwood, or not closer to ( ) p P Y p Deepwood than the closest concrete slab of either house adjacent to lot 7. " This decision was based on the Friendswood zoning requirements , page 32, set-back front, note a. You also can put up a fence, not over thirty inches (30") high to your property line, if you so desire. (" We appreciate your cooperation in this matter. Sincerely, George W. Rummel Acting Secretary Friendswood Board of Adjustments August 8, 1977 The Board of-Adjustments City of Friendswood Friendswood, TX 77546 Sirs: The Friendswood Community Appearance Board wishes to express its vehement opposition to the granting of a variance in sign size to the Roberts Auto Parts Building on FM 518 in downtown Friendswood. We feel their request sets a particularly bad precedent and that if followed by signs of similar magnitude will create the kind of ugly jungle along our main thoroughfare that we believe the majority of Friendswood's citizens would strongly oppose. Vie feel that the existing restriction of signs to five by ten allows merchants adequate display of their messages and at the same time preserves some modicum of the beauty and good taste we hope to maintain in our downtown area. It was a wise decision and one we fervently hope will be adhered to. Thank you for your interest in preserving the appearance of our community. FRIENDSWOOD COMMUNITY APPEARANCE BOARD Carolyn Jones,)a5airman Lucy rmany, Secretary FRIENDSWOOD ZONING BOARD OF ADJUSTMENT REQUEST FOR HEARING NAME tll�� PHONE ADDRESS �� S ADDRESS OF SUBJECT PROPERTY �06 Sizz LEGAL DESCRIPTION IS PROPERTY IN A RECORDED SUBDIVISION? IF SO , WHEN WAS PLAT RECORDED? APPEAL IS BEING MADE FROM DECISION OF ZONING ADMINISTRATOR OR ON RECOMMENDATION OF TYPE OF REQUEST : Variance Special Exception Temporary Certificate of Zoning Compliance REASON FOR REQUEST 7 DOCUMENTS NEEDED FOR HEARING 1. Sketch of area- showing location of subject property. 2 . Copy of recorded plat , if available. 3. Copy of deed restrictions if same exists. (NOTE : Items 2 and 3 may be available in City files) FEE PAID SIGNED z DATE OF REQUEST �1 PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Zoning Board of Adjustment of the City of Friendswood will hold a public hearing at which all interested persons shall have the right and opportunity to appear and be heard upon the proposal to to grant a variance to permit the placement of a mobile home on the Bofysil farm located on FM528 which hearing shall be held in the City Council Chamber of the City of Friendswood , City Hall , 109 Willowick Avenue , Friendswood , Texas , 7 : 30 o'clock p.m. on the 18th day of April , 1978 . Bobbie C. Henry City Secretary City of Friendswood, Texas JOURNAL: Please publish in March 30 , 1978 issue . Bill the City and send AFFIDAVIT OF PUBLICATION. Y George Bo f ysil Interests 1101 SOUTH POST OAK ROAD SUITE 104 -HOUSTON,TEXAS 77056 (713) 961.1082 March 13, 1978 City of Friendswood 109 Willowick Friendswood, Texas 77546 Attention: Board of Adjustment Gentlemen: This letter is a request for a work mobilo home to be placed on my farm located on Flo 528, to house my employees presently working for me. Nor father and I have farmed in 11riendswood for more than 30 years and have always had to house a family from time to time in order to keep good employees. iI am sure that in the next year or two this mobile home will be moved to another location outside of Friends-wood. I would appreciate a hearing on this request as soon as possible. Thanking you in advance, I remain, Yours very truly, c George A. Bofysil GAB:eb FILE COPY C �) RALPH L.LOWE y �}/D 'q' Mayor f ry Z� o k,�Ze�%G s i/V®O JAMES C.MORGAN •� -.� li- Ca City Manager �� `'�• �.� \ .F»'�:.,-r%+.�� - Councilmen "� \ -" `•� THOMAS F.LAY ��:L* '�. �, �'• 109 WILLOWICK—PHONE 482-3323 PAUL E.MAAZ FRIENDSWOOD, TEXAS 77546 EDWARDO.ZEITLER \ �} CLYDE A.RANEY !r t RICHARD L.HAKEN < R.J.BLANKEN t EXAS. October 6 , 1977 BOBBIE C.HENRY r;. City Secretary � t v • NOTICE OF MEETING; The Friendswood Zoning Board of Adjustment will hold a public meeting on Tuesday , October 25 , 1977 , at 7 : 30 P.M. at the City Hall , 109 Willowick , to consider a request for variance by Robert Laguarta of Robert 's Auto Parts to in stall a sign in excess of the prescribed dimensions as set forth in the Zoning Ordinance . Bruce Foster , Chairman Board of Adjust ment tment by B. Henry Posted 10-10-77 NOTE: Request will be for a 72 sq. ft . sign. FRIENDSWOOD ZONING BOARD OF ADJUSTMENT REQUEST FOR HEARING NAME / � PHONE ADDRESS ADDRESS OF SUBJECT PROPERTY e � �2�Ile LEGAL DESCRIPTION IS PROPERTY IN A RECORDED SUBDIVISION? G}ir IF SO , 'WHEN WAS PLAT RECORDED? • APPEAL IS BEING MADE FROM DECISION OF ZONING ADMINISTRATOR OR ON RECOMMENDATION OF TYPE OF REQUEST: 'Variance Special Exception Temporary Certificate of Zoning Compliance REASON FOR REQUEST DOCUMENTS NEEDED FOR HEARING 1. Sketch of area- showing location of subject property. 2 . Copy of recorded plat , if available. 3. Copy of deed restrictions if same exists. (NOTE : Items 2 and 3 may be available in City files) FEE PAID %2 SIGNS � V' DATE OF REQUEST —�/' MEMORANDUM f > TO: The Board of Adjustments FROM: George Calk Building Official & Zoning Administrator DATE: October 24, 1977 SUBJECT: Sign's The building department is in the process of sending registered letters to two (2) businesses in town to correct the size of their sign's to conform to the city ordinance.* As Mr. Robert Laguarta will be in on October 25, 1977 to request a variance for a 72 square foot sign, I did want you to know that we are working to get sign's brought into conformity at this time. * the two signs to be corrected are 60 square feet and 80 square feet, these will be requested to drop to fifty square feet. o NUS 0J 6) nendswood 109 WILLOWIQK PHONE 482-3323 FRIENDSWOOD, TEXAS 77546 TEXAS . November 2, 1977 Mr. Robert Laguarta Roberts Auto Parts 306 S. Friendswood Dr. Friendswood, Texas 77546 Dear Mr. Laguarta: As secretary of the Friendswood Board of Adjustments, it is my duty to report to you in writing the result of the hearing held October 25, 1977 on your request for a sign 72 sq. ft. in size at your place of business at 302 S. Friendswood Drive. As you know, there was considerable discussion (pro and con). After everyone had been heard, a motion was made to deny your application. The Board voted 4 to 3 to uphold the motion. We are sorry your case was turned down. Very truly yours, Friendswood Board of Adjustments cc: Board of Adjustments City Manager Planning & Zoning Commission i L � I01; 071�7/111 rldswo I li=� �t ��' W 109 WILLOWICK PHONE 482-3323 C� FRIENDSWOOD, TEXAS 77546 - - March 9, 1978 fXp.S - From: George Calk, building official City of Friendswood This letter is to inform you that you are in violation of ordinance #291 section 9, and #129, which are ordinances for the city of Friendswood*, which pertain to the placement of mobile homes. This notification is an order to discontinue the use of an illegal building within an R-1 zone. Sincerely, Building Official *Ordinance #291, section 9 "l. Administration and Enforcement. An administrative official designated by the City Council shall administer and enforce this ordinance. He may be provided with the assistance of such other persons as the City Council may direct. r If the administrative official shall find that any of the pro- visions of this ordinance are being violated, he shall notify in writing the person responsible for such violation, indicat- ing the nature of the biolation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, and structures; removal of illegal buildings or structures or illegal additions, alter- ations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions. *Ordinance #129, Mobile home lot me, a parcel or Bract of land for the placement of a single mbile home and the exclusive use of its occupants and which is located in a mobile home subdivision approved by the Planning Commission of the City. This is to be distinguished from a mbile home stand and site located within a mobile home park. If this violation still exist at the end of 48 hours, charges will be filed in Municipal Court for violation of these ordinances. VIOLATIONS AND PENALTIES Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or Portion thereof, during which any violation of any of the provisions of this Ordinance is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a fine of not mre than two hundred dollars ($200.00). tom. -C( -� 1 Ih MUNICIPAL COURT CITY OF FRIENDSWOOD Nq . 14288 TRAFFIC SUMMONS POLICE DEPARTMENT • DRIVER LICENSE STATE NUMBER _ VIOLATOR � I.�5 v�Z4 �') " y1 � LAST NAME FIRST MIDDLE y�.X L QU 1.63 RESIDE ADDRESS C DATE BIRTH 1 l -L lz zl C I T D-STATE SEX HEIGHT CO OF EYES 2 7 54 l Q„ �Z . OCCUPATION OTHER IDENTIFICATION - PHONE NUMBER ETC. OWNER - BUSINESS ADDRESS ETC. RADAR ACCIDENT DATE H[O�JJ i 2� A.M. P.M WEATHER ROAD SURFACE OYES ONO ❑YES ❑NO � I ,� I �a -l., X YOU ARE HEREBY CHARGED WITH THE VIOLATION OF: Q SPEEDING: MPH. SPEED LIMIT ON BETWEEN OTHER VIOLATION ® •"'�` n �Z Q �"�� ��' �� ,� N LiLAidMI: A A VEHICLE LICENSE NUMBER YOU ARE HEREBY DIRECTED TO APPEAR IN THE I HEREBY PROMISE TO APPEAR AT THE TIME YEAR MAKE FRIENDS D/M NICIPALQjCOURT 109 WIL WICK, AND PLACE DESIGNATED IN THIS NOTICE. THIS ON RZ 2 l.1 AT 1'l , erA IS NOT A PLEA OF GUILTY. I DATE L TIME COLOR TYPE OFFICER /S G A U I 1 L • 6 MUNICIPAL COURT CITY OF FRIENDSWOOD N9 . 14287 TRAFFIC SUMMONS POLICE DEPARTMENT DRIVER LICENSE STATE tNUMBERVIOLATORL� �LAST NAME FIRST MIDDLE !�RA/CEIRTHRESIDENCE AD\R S �-� ykoSEEX^ IS O EYES CITY A TATE �!'1J -)t - a ac> � cox �a. 75'Fb OCCUPATION OTHER IDENTIFICATION-PHONE NUMBER ETC. OWNER - BUSINESS ADDRESS ETC. HOUR Z A.M. .M. W THER ROAD SURFACE 7AC3D E RAD T❑❑ N YOU 1Dzz�j E ' ARE HEREBY CHARGED WITH THE VIOLATION OF: Ql SPEEDING: MPH. SPEED LIMIT ON BETWEEN A OTHER VIOLATION © MA MLl ` �O� ZVEHICLE LICENSE NUMBER YOU ARE HEREBY DIRECTED TO APPEAR IN THE I HEREBY PROMISE TO APPEAR AT THE TIME YEAR MAKE FRIENOSWOODAAM�NN`ICIPAL COURT,109 WIL WICK, AND PLACE DESIGNATED IN THIS NOTICE. THIS � ...�7 ' % AT� IS NOT A PLEA OF GUILTY. ON M'L y G.. pgTE TIME COLOR TYPE ++� 8 OFFICERR 51 NATURE I 1 1 , 1 � r