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HomeMy WebLinkAboutZBA_Agenda&Minutes_2004Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, November 16, 2004 The Zoning Board of Adjustment will meet on Tuesday, November 16, 2004 at 06:00 PM in the 103 W. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM This is a regular meeting of the Zoning Board of Adjustment of the City of Georgetown. The Board, appointed by the Mayor and the City Council, acts on requests for variances, interpretations and special exceptions under the Georgetown Zoning Ordinance. Order of Hearing Process: Staff Presentation Applicant Presentation Questions from Board to Staff and Applicant Comments from Proponents* Comments from Opponents* Board Deliberative Process Board Action * Those who speak please identify yourselves for the meeting record. Regular Session - To begin no earlier than 6:00 p.m. Call to order: 6:00 p.m. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1. Action from Executive Session 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of the August 17,2004, meeting. 3.Public Hearing to consider a Variance from Section 10.06.030 D of the Unified Development Code (UDC) to allow a sign height of 50 feet , where 28 feet is allowed, for City of Georgetown, Tilson Subdivision, Lot 1., located at 2900 N. IH 35, Tilson Home Builders. 4. Public Hearing to consider a Variance from Section 10.06.030 D of the Unified Development Code (UDC) to allow a sign height of 40 feet, where 28 feet is allowed, For the City of Georgetown, Kelly Trust Subdivision, Block 1, Phase 1-3, Lot 5, located at 7201 S. IH 35, Mac Haik Ford. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2004, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, November 16, 2004 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , November 16, 2004 . Members Present: Audrey McDonald, Cornelius Daly, Danny Swafford, Ken Fuller, Dan Popejoy, Richard Vasquez Members Absent: William Sattler Staff Present: Bobby Ray, Chief Development Planner, Paula Dessler, Recording Secretary Minutes Regular Meeting A regular meeting of the Zoning Board Of Adjustments, for consideration and possible action on the following: Audrey McDonald called the meeting to order at 6:00 McDonald called alternate Vasquez to the dais. 1.Action from Executive session-NONE. 2.Review of the minutes from the August 17. 2004 meeting. 6:10 Board member Popejoy arrives Motion made by Sattler to approve the minutes as written. Second by Daly. Motion Approved 6-0. 3.Public Hearing to consider a Variance from Section 10.06.030 D of the Unified Development Code (UDC) to allow a sign height of 50 feet , where 28 feet is allowed, for City of Georgetown, Tilson Subdivision, Lot 1., located at 2900 N. IH 35, Tilson Home Builders. Consideration and possible action on a Variance from Section 6.03.020 of the Unified Development Code (UDC) to allow a maximum building height of 53 feet, where 40 feet is allowed, for The City of Georgetown, Block 40, Lot’s 1 & 4, located at 114 E. 7th Street. Staff Presentation Bobby Ray presented the staff report to the board and explained that the Board must have at least four members to approve the application. Applicant Presentation Richard Webb presented the application. Points reviewed: Existing Pole sign is 24 feet in height at an area of 200 square feet (double sided). -Requesting a variance for a height increase to 50 feet, the applicant will use the same sign cabinet, sign area will not be increased. -The proposed interchange flyover will be approximately 40 feet in height which would obscure the current signage. Board questions to Staff and Applicant Fuller asked if TxDOT would have any problems with a sign that large so close to the ramp. Bobby explained that he has talked to the Department of Transportation where they explained that they have no say of signs on private property as long as it does not encroach or hangs over any right-of-way. Motion by Fuller to approve the variance was based upon the following findings of fact as required by Section 3.15.030 of the Unified Development Code: 1.The future construction of the S.H. 130 / I.H. 35 interchange west and south of the subject property constituted special conditions and / or exceptional circumstances related to the subject property that warranted variance approval. The proposed height of the interchange (40’) would visually obstruct any sign less than the height of the interchange. 2.The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area, or the City in administering this Code in that the proposed sign is to be located in exactly the same place as the existing sign, and for the same sign area. 3.The conditions surrounding this variance request do not apply to any other property in the vicinity of the subject site since the location of the proposed interchange is directly contiguous (west and south) to the subject property. 4.The need for the variance request is clearly not the result of the applicant’s own action, but a result of public road construction impacting the applicant’s property. 5.The granting of the variance does not conflict with the Comprehensive Plan or the purposes of this Code in that it is the Board’s determination that granting the subject variance is warranted by the special conditions surrounding the property. 6. The conditions that create the need for the variance (road construction) would render compliance with the Code an unreasonable restriction upon the utilization of the property in that compliance with the 28’ height limit for pole signs would render the sign invisible to freeway motorists. Second by Daly. Motion Approved 6-0 IN FAVOR Fuller, Daly, McDonald, Swafford, Popejoy and Vasquez (Alternate) OPPOSED None ABSENT Sattler 7.Public Hearing to consider a Variance from Section 10.06.030 D of the Unified Development Code (UDC) to allow a sign height of 40 feet, where 28 feet is allowed, For the City of Georgetown, Kelly Trust Subdivision, Block 1, Phase 1-3, Lot 5, located at 7201 S. IH 35, Mac Haik Ford. Staff Presentation Bobby Ray presented the staff report to the board. Applicant Presentation Gordon Baker presented the application to the board. Gordon explained the main reason for the Variance request is that the applicant feels the grade of the highway is to low. People would not be aware of that the Lincoln Mercury automobiles where sold there. Board Members Swafford asked if the building had signage on it. Gordon explained that there was but people would not be able to see it from the highway. Motion by Vasquez to deny the application based on the following. 1. The applicant did not present any evidence that there were any special conditions or exceptional circumstances related to the subject property that warranted variance approval. 2. There were no physical circumstances related to the property that necessitated the need for the additional sign height. 3. The conditions surrounding this variance request would apply to any other property in the vicinity of the subject site. Therefore the approval of this variance would establish a precedent for other property owners along this section of I.H. 35 frontage road to seek similar relief from the sign code. 4. As a new sign, designed for the proposed height of forty feet, the need for the variance request is clearly the result of the applicant’s own action. 5. There was no evidence presented which clearly demonstrated that, due to conditions which created the need for the variance, application of the Unified Development Code and adherence to the twenty-eight foot height limit would prohibit or unreasonably restrict the use of the property. A new sign, which complies with the Code, could be designed, constructed and utilized on this site. Second by Popejoy. Motion Denied 6-0 IN FAVOR Swafford, McDonald, Fuller, Popejoy, Daly, Vasquez OPPOSED NONE ABSENT Sattler Meeting adjourned at 6:40 Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, August 17, 2004 The Zoning Board of Adjustment will meet on Tuesday, August 17, 2004 at 06:00 PM in the Council Chambers located at 101 E 7th Street, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: William Sattler, Chair; Ken Fuller; Audrey McDonald, P&Z Representative; Cornelius Daly; Danny Swafford; Dan Popejoy; Richard Vasquez III; and William Moore Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM CITY OF GEORGETOWN ZONING BOARD OF ADJUSTMENT MEETING AUGUST 17, 2004, at 6:00 P.M. CITY COUNCIL CHAMBERS, 101 E. 7TH STREET GEORGETOWN, TEXAS 78626 Members William Sattler, Chair Ken Fuller, Audrey McDonald, Cornelius Daly, Danny Swafford, Dan Popejoy, Richard Vasquez II and William Moore This is a regular meeting of the Zoning Board of Adjustment of the City of Georgetown. The Board, appointed by the Mayor and the City Council, acts on requests for variances, interpretations and special exceptions under the Georgetown Zoning Ordinance. Order of Hearing Process: Staff Presentation Applicant Presentation Questions from Board to Staff and Applicant Comments from Proponents* Comments from Opponents* Board Deliberative Process Board Action * Those who speak please identify yourselves for the meeting record. Regular Session - To begin no earlier than 6:00 p.m. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1. Action from Executive Session Agenda: 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of July 20, 2004, meeting. 3.Public Hearing to consider a Variance from Section 6.03.020 of the Unified Development Code (UDC) to allow a maximum building height of 53 feet, where 40 feet is allowed, for City of Georgetown, Block 40, Lots 1 & 4, located at 114 East 7th Street. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2004, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, August 17, 2004 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , August 17, 2004. Members Present: Members Absent: Staff Present: Minutes Regular Meeting Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, July 20, 2004 The Zoning Board of Adjustment will meet on Tuesday, July 20, 2004 at 06:00 PM in the Council Chambers, 101 W. 7th Street, Georgetown, Texas If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: William Sattler, Chair, Ken Fuller, Audrey McDonald, Cornelius Daly, Danny Swafford, Dan Popejoy and Richard Vasquez III Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM CITY OF GEORGETOWN ZONING BOARD OF ADJUSTMENT MEETING JULY 20, 2004, at 6:00 P.M. CITY COUNCIL CHAMBERS, 101 E. 7TH STREET GEORGETOWN, TEXAS 78626 Members William Sattler, Chair Ken Fuller, Audrey McDonald, Cornelius Daly Danny Swafford, Dan Popejoy, and Richard Vasquez II, This is a regular meeting of the Zoning Board of Adjustment of the City of Georgetown. The Board, appointed by the Mayor and the City Council, acts on requests for variances, interpretations and special exceptions under the Georgetown Zoning Ordinance. Order of Hearing Process: Staff Presentation Applicant Presentation Questions from Board to Staff and Applicant Comments from Proponents* Comments from Opponents* Board Deliberative Process Board Action * Those who speak please identify yourselves for the meeting record. Regular Session - To begin no earlier than 6:00 p.m. Call to order: 6:00 p.m. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1. Action from Executive Session Agenda: 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of June 15, 2004, meeting. Consideration and possible action on a variance from the following Section(s) of the Unified Development Code: Chapter 10, Section 10.06.02.030 (Sign Dimensional Standards) to allow the applicant to erect a sign over the 10’ maximum height limit, to be located at Lot 1, Block A of the Texas L.A.W. Addition, 1211 Northwest Boulevard. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2004, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, July 20, 2004 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , July 20, 2004. Members Present: William Sattler, Chair; Ken Fuller; Dan Popejoy and Will Moore Members Absent: Audrey McDonald, Cornelius Daly, Danny Swafford and Richard Vasquez II Staff Present: Bobby Ray, Chief Development Planner, and Tammye Sharpe, Planning Specialist/Recording Secretary Minutes Regular Meeting William Sattler called the meeting to order at 6:02 p.m. 1.Action from Executive Session - None 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of June 15, 2004. Fuller made the motion to accept the minutes as written. Popejoy seconded the motion, which passed with a vote of 4-0. Minutes were approved. 3. Consideration and possible action on a variance from the following Section(s) of the Unified Development Code: Chapter 10, Section 10.06.010 (Sign Dimensional Standards) to allow the applicant to erect a sign over the 10’ maximum height limit, to be located at Lot 1, Block A of the Texas L.A.W. Addition, 1211 Northwest Boulevard. Ray gave the staff presentation, clarifying questions asked by Board. Fuller asked Ray to identify what C-3 zoning means (most intensive district), and also asked if granting this variance would set a precedence. Ray said, in his opinion, yes. Fuller verified that the signs erected under the old code structure are grandfathered, and are considered a legal non-conforming sign. Jeanette Haba, 1211 Northwest Boulevard, applicant, gave her presentation. Haba said that on Exhibit A-2, the tree with all the truck is on her property; and the trees in front of that are on the adjacent Yamaha property. Haba said that these trees are 8-10 feet in height. Haba said that she had originally wanted to put her sign combined with the Yamaha sign, but found out that there could not be two businesses on one sign. Ray confirmed that off-premise signs are not allowed. Haba said that she wanted this variance because of safety issue and a visibility issue. Rhonda Butterfield, manager for 1211 Northwest Boulevard, applicant, gave her presentation. Butterfield said that having a street sign would be a great help to their company. Also, she helped confirm that the trees in question are around 14 feet, as they are growing in the power lines. Will Moore felt that since the business is not located on IH-35, signage should not be on IH-35. Moore said that the street sign should be put up and maintained. Moore said that the 10' sign would be sufficient. Sattler asked about the street sign, and when the sign would be erected, what size, and who is responsible to put that sign up. Popejoy confirmed that Haba has a tree problem. Popejoy made the motion to deny the variance because · there are no extraordinary or special conditions affecting the land involved such that strict application of the provisions of this Unified Development Code will not deprive the applicant of the reasonable use of their land; and, ·that the granting of the variance would be setting a precedence, and violate the intent and purpose of the Unified Development Code. Ken Fuller seconded the motion. Vote of 4-0. Variance was denied. Ray asked the Board if they would like to have some training, and would follow-up with the when and where of that. Moore made the motion to adjourn. Fuller seconded. Meeting adjourned at 6.55 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, June 15, 2004 The Zoning Board of Adjustment will meet on Tuesday, June 15, 2004 at 06:00 PM in the Council Chambers, 101 E. 7th Street, Georgetown, Texas. If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: William Sattler, Chair, Ken Fuller, Audrey McDonald, Cornelius Daly, Danny Swafford, Dan Popejoy and Richard Vasquez II Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM CITY OF GEORGETOWN ZONING BOARD OF ADJUSTMENT MEETING JUNE 15, 2004, at 6:00 P.M. CITY COUNCIL CHAMBERS, 101 E. 7TH STREET GEORGETOWN, TEXAS 78626 Members William Sattler, Chair Ken Fuller, Audrey McDonald, Cornelius Daly Danny Swafford, Dan Popejoy, and Richard Vasquez II, This is a regular meeting of the Zoning Board of Adjustment of the City of Georgetown. The Board, appointed by the Mayor and the City Council, acts on requests for variances, interpretations and special exceptions under the Georgetown Zoning Ordinance. Order of Hearing Process: Staff Presentation Applicant Presentation Questions from Board to Staff and Applicant Comments from Proponents* Comments from Opponents* Board Deliberative Process Board Action * Those who speak please identify yourselves for the meeting record. Regular Session - To begin no earlier than 6:00 p.m. Call to order: 6:00 p.m. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1. Action from Executive Session Agenda: 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of December 17, 2003, meeting. 3.Consideration and possible action on a variance from the following Section(s) of the Unified Development Code: 6.02.030 (Side Setback) and 7.03.040 (A) (Rear Setback) to allow the expansion of an existing detached garage for part of Lots 16 and 17, Block 1 of the Montgomery Addition located at 1709 South Austin Avenue. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2004, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, June 15, 2004 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , June 15, 2004. Members Present: William Sattler, Chair; Ken Fuller; Danny Swafford; Dan Popejoy; Cornelius Daly Members Absent: Audrey McDonald, Richard Vasquez Staff Present: Bobby Ray, Chief Development Planner; Tammye Sharpe, Planning Specialist/Recording Secretary Minutes Regular Meeting William Sattler called the meeting to order at 6:00 p.m. 1. Action from Executive Session. None. 2. Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of February 19, 2004. Ken Fuller made the motion to accept the minutes as written. Sattler seconded the motion, which passed with a vote of 5-0. 3.Consideration and possible action on a variance from the following Section(s) of the Unified Development Code : 6.02.030 (Side Setback) and 7.03.040(A) (Rear Setback) to allow the expansion of an existing detached garage for part of Lots 16 and 17, Block 1, of the Montgomery Addition, located at 1709 South Austin Avenue. Bobby Ray gave the staff presentation. He passed an arial photo of the site to the Board to help with clarfiication. There were two letters of support received at the City for this variance. Ray explained that it was his understand that this request was for an expansion of the existing structure, but procedurally, whether modification or expansion, this request for a variance would need to occur. Ray informed the Board that there were no regulations or restrictions for Historical District homes, only for the demolition of primary structures - not impervious coverage. Karen White, applicant, explained that the existing structure was falling down. The structure sits in the dirt with concrete poured around it (inside and out) - the structure is sinking (Kaigler has had to cut the garage doors twice because of the sinking, and the wood is rotting underneath (termites). White said that they would like to tear down the structure, and then build the garage asthetically like it was (matches the house). White explained that if the structure was turned to the side, it would be in the back door of the house. The house is located in the Historic District, but not considered a historic structure. As far as applicant and staff know, there are no easments in the lot line. White said that the neighbors around the proposed site had garages/structures on their lot lines. Bill Kaigler, applicant, confirmed that the turning radius was hard to maneuver when trying to get into the garage. White confirmed that the pool they now have was built in November, 2003. Kaigler said they had tried to reconfigure putting the garage in other places - the front has three large palm tree, and the back, on the other side (right) of the backyard, has 3 mature trees, and felt like they should be saved. Daly made the motion to approve the variance from Sections 6.02.030 and 7.03.040(A) of the Unified Development Code pertaining to the side and rear setbacks for a detached garage. Sattler seconded the motion, which passed with a vote of 4-1. Fuller voted against. Variance passed. Swofford made the motion to adjourn. Daly seconded. Meeting was adjourned at 6:20 p.m. Notice of Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, February 19, 2004 The Zoning Board of Adjustment will meet on Tuesday, February 19, 2004 at 06:00 PM in the Glasscock Conference Room of the Georgetown Municipal Complex (GMC), located at 300 Industrial Avenue, Georgetown, Texas . If you need accommodations for a disability, please notify the city in advance. Zoning Board of Adjustment Members: Tom Nichols, Chair, Audrey McDonald, Ken Fuller, Don Mabray, William Sattler, Cornelius Daly and Harry Gibbs Zoning Board of Adjustment meets every third Tuesday of the month at 6:00 p.m. unless otherwise specified. Call to Order at 06:00 PM (PLEASE NOTE MEETING LOCATION) CITY OF GEORGETOWN ZONING BOARD OF ADJUSTMENT MEETING FEBRUARY 19, 2004, 6:00 P.M. GEORGETOWN MUNICIPAL COMPLEX (GMC) GLASSCOCK CONFERENCE ROOM 300 INDUSTRIAL AVENUE, GEORGETOWN, TEXAS Members William Sattler, Chair Ken Fuller, Audrey McDonald, Harry Gibbs, Cornelius Daly, Alternates This is a regular meeting of the Zoning Board of Adjustment of the City of Georgetown. The Board, appointed by the Mayor and the City Council, acts on requests for variances, interpretations and special exceptions under the Georgetown Zoning Ordinance. Order of Hearing Process: Staff Presentation Applicant Presentation Questions from Board to Staff and Applicant Comments from Proponents* Comments from Opponents* Board Deliberative Process Board Action * Those who speak please identify yourselves for the meeting record. Regular Session - To begin no earlier than 6:00 p.m. Call to order: 6:00 p.m. (The Board may, at any time, recess the Regular Session to convene an Executive Session at the request of the Chair, a Board Member, the Director or legal counsel for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) 1. Action from Executive Session Agenda: 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of December 17, 2003, meeting. Consideration and possible action on a variance from the following Section(s) of the Unified Development Code: Table 6.03.020 (Side Setback) and Table 9.03.020 (B) (Drive Aisle Width) to allow the development of a 1,611 square foot office for Lot 5, Block M of the South San Gabriel Urban Renewal District located at 704 Martin Luther King Junior Street. Certificate of Posting I, Sandra Lee, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2004, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. __________________________________ Sandra Lee, City Secretary Minutes of the Meeting of the Zoning Board of Adjustment City of Georgetown, Texas Tuesday, February 19, 2004 The Zoning Board of Adjustment of the City of Georgetown, Texas, met on Tuesday , February 19, 2004. Members Present: William Sattler, Audrey McDonald, Ken Fuller and Harry Gibbs Members Absent: Tom Nichols, Cornelius Daly and Don Mabray Staff Present: Bobby Ray, Chief Development Planner and Tammye Sharpe, Planning Specialist/Recording Secretary Minutes Regular Meeting William Sattler called the meeting to order at 6:03 p.m. 1.Action from Executive Session – None. Agenda: 2.Consideration and possible action on the Minutes of the regular Board of Adjustment meeting of December 17, 2003, meeting. Fuller made the motion to accept the minutes as written. McDonald seconded the motion, which passed with a vote of 4-0. 3.Consideration and possible action on a variance from the following Section(s) of the Unified Development Code: Table 6.03.020 (Side Setback) and Table 9.03.020 (B) (Drive Aisle Width) to allow the development of a 1,611 square foot office for Lot 5, Block M of the South San Gabriel Urban Renewal District, located at 704 Martin Luther King Junior Street. Ray gave the staff presentation. Ray made the Board aware that there would need to be an unanimous vote for passing this variance, as there were 4 members present. Gordon Kohutek, representing the owner, Hancock, gave his presentation. Kohutek explained that they were not going to be using berm landscaping to the north because of drainage issues, but were planning for a 6’ privacy fence and trees around 3 sides of the property – on side zoned residential, they have maintained a 10’ setback. Kohutek explained the 5 parking spaces (instead of 6) was to maintain the 25’ setback in the front. J. R. Hancock, owner, told the Board that the offices would be law offices for himself and 2 other attorneys, so traffic would be slow; and the look of the offices would be residential. Fuller brought out to the applicant that if he would make this office 2-story, it would bring the project into greater compliance. Kohutek said that there was discussion about that, but then they would have to have an elevator, and that is costly, so they threw out that idea. Fuller confirmed that economic hardship was not sufficient grounds for the variance. Adrian Zuniga, AHS Construction Builder, representing J. R. Hancock, did not comment, but was available for questions. Fuller read the insufficient findings - ones that do not constitute sufficient grounds for granting a variance – for Board to deliberate on. Gibbs made the motion to authorize the variance from the following Sections(s) of the UDC: Table 6.03.020 (Side Setback) and Table 9.03.020 (B) (Drive Aisle Width) to allow the development of a 1,611 square foot office for Lot 5, block M of the South San Gabriel Urban Renewal District located at 704 Martin Luther King Jr. Street. Motion was seconded by Sattler, and did not pass as the vote was 2-2, with McDonald and Fuller voting against the authorization. Variances were denied. Gibbs made the motion to adjourn. Seconded by Fuller. Meeting was adjourned at 6:39 p.m.