Zoning Board of Adjustment and Appeals Commission

MINUTES OF THE MEETING OF THE BENBROOK ZONING BOARD OF ADJUSTMENT TUESDAY, SEPTEMBER 26, 2017 The Regular Meeting of the Zoning Board of Adjustment of the City of Benbrook was held on Tuesday, September 26, 2017 at 7:30 p.m. in the Council Chambers at 911 Winscott Road with the following members present: Odessa Ellis Donald Pilliod, Vice Chair Jason Ward Also Present: Lizbeth Sowell, Board Alternate Robert Wood, Board Alternate Appointee Jim Hinderaker, Assistant City Manager Doug Howard, City Planner Chelsea Nelson, Assistant City Planner Absent: Wes Myers, Chair Jacquie Messer, Board Alternate Ethan Stinson, Board Alternate Appointee I. CALL TO ORDER Vice Chair Pilliod called the meeting to order at 7:30 p.m. II. CONSIDERATION OF MINUTES Regular Meeting – January 24, 2016 Motion by Ms. Ellis to approve the minutes of the January 24, 2016 Board meeting as presented. Second by Mr. Ward. The Vice Chair called the question. Vote on the Motion: Ayes: Ms. Ellis, Mr. Pilliod, Mr. Ward, Ms. Sowell and Mr. Wood Noes: None Abstain: None Motion carried 5 – 0 – 0 III. REPORTS FROM CITY STAFF 1. V-17-01 – Consider a request for a variance to allow a seven-foot (7’) setback distance from the front property line for an existing pylon sign, resulting in an 18-foot reduction from the required minimum setback of  25 feet. The property is generally located northwest of the intersection of Southwest Boulevard and Bryant Irvin Road, zoned “F” Commercial District, and further described as Lot 3B, Block 1, Country Day Meadows Addition (6100 Southwest Boulevard). [PUBLIC HEARING]. Mr. Howard, City Planner, presented and provided a staff report to the Board that detailed the required findings needed to grant a variance, as follows: 1. That there were special circumstances or conditions affecting the land involved such that the strict application of the provisions of this title deprive the applicant of reasonable use of his land. Finding: A creek, with a high number of trees, lies to the north of the subject site. These trees are within the typical 25-foot front yard setback area. If a new free standing sign, meeting the 25-foot requirement were constructed, these trees would obstruct visibility the visibility of the sign for vehicles traveling south bound on Bryant Irvin. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. Finding: Visible signage is necessary for the preservation and enjoyment of the property owner’s rights. 3. That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area. Finding: Visible signage is a benefit to members of the community and to motorists. It is not detrimental to the public health, safety, or welfare of the community. This is an existing sign and has not been, nor will it be injurious to other property in the area. 4. That the granting of a variance will not have the effect of preventing the orderly development of other land in the area in accordance with the provisions of this title. Existing sign and the area is substantially developed. Finding: Granting a variance to an existing sign will not prevent the orderly development of other land in the area. 5. A hardship is intended to include a change in elevation or curve in a roadway which obstructs visibility. Finding: Pylon signs are permitted. No requirement of the sign ordinance has been eliminated. This variance is a reduction of the requirement. ZBA Minutes September 26, 2017 Page 2 of 3