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HomeMy WebLinkAboutZBOA Minutes 1988-04-26 RegularI' I f ! .. REGULAR MEETING BOARD OF ADJUSTMENT APRIL 26, 1988 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF FRIENDSWOOD WHICH WAS HELD AT CITY HALL ON APRIL 26, 1988 WITH THE FOLLOWING MEMBERS CONSTITUTING A QUORUM: CHAIRMAN REGULAR MEMBER REGULAR MEMBER REGULAR MEMBER ALTERNATE MEMBER ALTERNATE MEMBER CAROLYN MAUTNER JANE TOLLETT WILLIAM TAYLOR DR. TOM SULLIVAN MARY ELLEN BELLARD MAURICE ESTLINBAUM HOWARD YEAGER DAVID O'BRIEN, III SIGN CODE ENFORCEMENT OFFICER ASSISTANT TO CITY SECRETARY CHAIRMAN TAYLOR CALLED THE MEETING TO ORDER AT 6:30 P.M. AND INTRODUCED BOB MCCONNEL, CITY ATTORNEY WITH THE FIRM OF OLSON AND OLSON. HE STATED THE POWERS OF THE BOARD OF ADJUSTMENT, WHICH IS RULED BY THE ZONING ORDINANCE, HAD BASICALLY THREE FUNCTIONS WHICH WERE THE AUTHORITY OF THE BOARD, SPECIFIC EXECPTIONS AND THE AUTHORITY OF THE BOARD TO GRANT VARIANCES. HE WENT OVER THESE AT LENGTH AND OVER WHAT EXACTLY CONSTITUTES A HARDSHIP. THE ONLY REASON FOR A HARDSHIP WOULD BE WHEN A PROPERTY OWNER CANNOT MAKE USE OF HIS PROPERTY. EXAMPLE: A MOTHER INLAW WHO NEEDS TO LIVE WITH YOU AND YOU DECIDE TO BUILD AN ADD ON FOR HER DOES NOT CONSTITUTE A HARDSHIP NOR DOES ONE NOT HAVING ADEQUATE SIGNAGE FOR HIS BUSINESS. THIS IS CREATED BY THE PROPERTY OWNER HIMSELF AND HE KNOWS FULL WELL FROM THE INCEPTION OF HIS BUSINESS. DISCUSSION FOLLOWED AT LENGTH FROM THE BOARD. MR. MCCONNELL WAS ASKED IF THE BOARD OF ADJUSTMENT IS LIABLE FOR ANY OF THE DECISIONS MADE AND THE ANSWER WAS NO BECAUSE THESE ARE DECISIONS THAT ARE MADE IN GOOD FAITH FROM ALL MEMBERS. CHAIRMAN TAYLOR THEN APPOINTED HOWARD YEAGER AS REGULAR MEMBER FOR THIS MEETING. CHAIRMAN TAYLOR CALLED FOR PUBLIC INPUT REGARDING REQUEST FROM RALPH S. DORSETT, SR. OF DORSETT 1 S TIRE CENTER LOCATED AT 3508 FM528 TO SEEK VARIANCE TO REINSTALL ONE FREE-STANDING SIGN AND REMOVE 3X8 FOOT SIGN ON EAST AND WEST SIDE OF BUILDING AND REPLACE WITH 2-4X6 FOOT SIGNS. RALPH S. DORSETT, SR. STATED AT THE TIME HIS BUSINESS WAS PREVIOUSLY OPENED IT WAS NOT IN THE CITY LIMITS OF FRIENDSWOOD. HE REQUIRES THE ABOVE SIGNAGE FOR EASY IDENTIFICATION PURPOSES FROM FM528. THE BOARD DISCUSSED THE ACTION WITH HIM AT LENGTH. DR. BILL JONES STATED HE WAS NOT IN FAVOR OF A VARIANCE BEING GRANTED TO DORSETT'S TIRE CENTER AND COULD NOT SEE IT AS A HARDSHIP BEING ON FM528� I I I I CHAIRMAN TAYLOR CALLED FOR PUBLIC INPUT REGARDING REQUEST FROM DWIGHT POTTER OF DANDY LIQUOR STORES AT THE LOCATION OF 520 NORTH FRIENDSWOOD DRIVE TO SEEK VARIANCE TO INSTALL ONE · FREE-STANDING SIGN TO BE USED AS A COMMUNITY SIGN. DWIGHT POTTER STATED HE WAS IN A STOP NGO STRIP CENTER WITH FOUR TENANTS. HE OWNS A LIQUOR BUSINESS AND NEEDS A GOOD SIGN BY THE STREET . SO PASSERS BY CAN TELL HIS LOCATION. STOP NGO STORES HAVE A PYLON SIGN AND WILL NOT ALLOW THE OTHER TENANTS TO COME ON THE SIGN. HE ASKED FOR ONE COMMUNITY SIGN FOR HIMSELF AND TENANTS AND PRESENTED A LETTER SIGNED BY ALL. DISCUSSION FOLLOWED BY ALL CONCERNED. **HOWARD YEAGER MADE THE MOTION TO GRANT THE VARIANCE TO DORSETT'S TIRE CENTER AS REQUESTED. DR. TOM SULLIVAN SECONDED THE MOTION. MOTION FAILED. FOUR OPPOSED. CHAIRMAN TAYLOR CALLED FOR CONSIDERATION AND POSSIBLE ACTION REGARDING REQUEST FROM DWIGHT POTTER OF DANDY LIQUOR STORES AT THE LOCATION OF 520 NORTH FRIENDSWOOD DRIVE TO SEEK VARIANCE TO INSTALL ONE FREE-STANDING SIGN TO BE USED AS A COMMUNITY SIGN. DWIGHT POTTER STATED MANY FACTS AND A LENGTHY DISCUSSION FOLLOWED. MAURICE ESTLINBAUM STATED THAT THE CASE SHOULD HAVE NOT COME TO THE BOARD BECAUSE HE IS APPLYING FOR A COMMUNITY SIGN AND THE STOP NGO STORES ALREADY HAVE A PYLON SIGN UP EVEN THOUGH IT MAY BE UP ILLEGALLY. DWIGHT POTTER WAS ASKED IF HE COULD WAIT FOR LEGAL ACTION BY THE CITY TO STOP NGO STORES TO HAVE IT REMOVED BECAUSE IT rs 20 FEET IN HEIGHT AND IT WAS INSTALLED WITHOUT OBTAINING A PERMIT FOR INSTALLATION AND THEN COULD HE APPLY FOR A COMMUNITY SIGN? MR. POTTER SAID NO, IT WOULD TAKE TO LONG. MAURICE ESTLINBAUM SAID THAT THE CENTER HAS A RIGHT TO A SIGN EVEN THOUGH STOP NGO STORES HAVE ONE ILLEGALLY HE rsENTITLED TO A SIGN UNDER THE ZONING ORDINANCE. DISCUSSION FOLLOWED AT LENGTH. **MAURICE REQUESTED DR. TOM VARIANCE. ESTLINBAUM MADE THE MOTION TO DENY THE VARIANCE BY DWIGHT POTTER OF DANDY LI QUOR STO RES. SULLIVAN SECONDED THE MOTION. MOTION PASSED TO DENY HOWA RD YEAGER ABSTAINED. THE MINUTES OF MARCH 22, 1988 WERE APPROVED AS PRESENTED. THE MEETING ADJOURNED AT 8:30 P.M .. ��OLLETT ASSISTANT ·TO CITY SECRETARY 2 j