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HomeMy WebLinkAbout1999-09-23 MINUTES ZONING BOARD OF ADJUSTMENTS SEPTEMBER 23, 1999 The regular meeting of the Zoning Board of Adjustments was called to order by Chairman Bill Williams at 6:30 p.m. for consideration of scheduled items in the Council Chambers in Building "B" of the Municipal Building. MEMBERS AND STAFF PRESENT: ABSENT: Chairman Bill Williams Eddie Price Vice-Chairman Gene Sloan Roger Bates John Deithloff Alex Wong Victor Blood Kevin Mercer, Development Services Manager Donna Brown, Admin. Secretary Dolores Tijerina, Staff Secretary Ron Young, Assistant Director of Public Works /City Engineer VISITORS: Mark Bullock Kirk R. Williams Bob Switalski Chairman Bill Wlliams informed audience the applicant of Item II had requested to switch agenda items due to schedule difficulty. He called for a motion. Board Member Victor Blood made the motion to rotate items and was seconded by Board Member Gene Sloan. The vote was as follows: Ayes: Chairman Bill Williams,Board Member Gene Sloan,Victor Blood,John Deithloff,Alex Wong Nays: None THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance and Invocation was given by Board Member Victor Blood. APPROVAL OF MINUTES Board Member John Deithloff made the motion to approve the minutes of May 20, 1999, Zoning Board of Adjustments meeting as presented and the motion was seconded by Board Member Gene Sloan. The vote was as follows: Ayes: Chairman Bill Williams, Board Member Gene Sloan, John Deithloff, Alex Wong Nays: None Abstain: Board Member Victor Blood The motion carried. Zoning Board of Adjustments Page 2 September 23, 1999 REGULAR AGENDA ITEM U. Pubic Hearing regarding-ZBA#99-04-211 N.Main Street-J.P.Halford Survey,A-711, Tract 1G Public input regarding the request of Mr. Mark Bullock, of The Wallace Group, Inc., construction engineering company for Exxon Corporation for a variance on the requirement that drive approaches be located 150 feet from the intersection. Chairman Bill Williams opened the Public Hearing and asked Kevin Mercer, Development Services Manager, for the presentation. Kevin Mercer stated the Zoning Board of Adjustments does have the authority to make a deviation to the Unified Development Code(UDC),that requirement being a part of the UDC the 150'separation. The Board may approve that request on the finding of the following conditions. 1. The granting of the variance will not be contrary to the public interest,2. Literal enforcement of the UDC will result in an unnecessary hardship because of exceptional narrowness,shallowness,shape,topography or other extraordinary or exceptional physically situation or physically condition unique to the specific piece of property in question. Unnecessary hardship shall mean a physical hardship relating to the property itself as distinguished from hardship relating to convenience, financial considerations or caprice, and applicant or property owner's own actions; 3.That by granting the variance,the spirit of this chapter will be observed and substantial justice will be done. Chairman Williams asked the representatives to come forward and give their presentation. Mr. Kirk Williams, 5400 Renaissance Tower, representative for Exxon USA Corporation and Mr. Mark Bullock, of the Wallace Group, Inc., construction engineering company for Exxon Corporation were present. Mr. Kirk Wliliams stated, we are here today to ask for relief from your drive-way approach separation from an intersection. He stated there are physically four curb cuts that are on the property today from a previous station,the ordinance was changed over the years and now there is a physical impossibility of us to comply with the 150 feet approach separation. There is currently two curb cuts on the service road of State Highway 183, but there is not a station physically at this area. Mr. WIhams stated the property from an elevation stand point is slightly lower than either the Chevron or the Motel 6 site. Our request is to allow that we move the drive way as far as we could to the north onto North Main Street and still meet the turning radius requirements for the City which would give us about an eighty-eight feet separation at this location, and move the drive-way located on the Service Road, two other drive approaches have been eliminated, but the most westerly drive approach was located pursuant to the City standards and the possibility of waiving the return radius so that the alignment along the westerly drive way could come in perpendicular to the service road and we would certainly submit an amended site plan if that were a condition. The turning templets used by Exxon to maneuver the trucks have been done and will make those available to the City Engineering staff. There has been some discussion on a common drive-way with Chevron as suggested by Staff.Mr.Williams stated this puts us in a really awkward position by going to our competitor to try to change their drive-way so that we can accommodate our property when their not interested in having competition next door. Mr. Williams also stated that further negotiations would continue with Chevron if this was to be made a condition for approval. He also stated that it is our preference that we be able to service our own property on our site. Board Member Alex Wong asked what the normal schedule for the refueling tank to come into the station. Mr. Bullock stated that the refueling tanks would be in the station about once a week and that time of day would vary. He also stated the refueling tank would enter from the Highway 183 service road and exit on North Main Street. Zoning Board of Adjustments Page 3 September 23, 1999 Chairman Williams asked for proponents to come forward. There being none Chairman Williams asked for opponents of the variance to come forward. There being none Chairman Williams closed the public hearing and opened up discussion among the Board Members, Board Member Alex Wong asked would the size of the lot necessitate a call for a variance regardless of what kind of business would come in. Ron Young, City Engineer, stated the dimension on the site whether this development or any other, could not comply with the City's UDC's requirements. Board Member Victor Blood stated that numerous other cities have required a joint exit easement, and asked why could we not do the same. Kevin Mercer stated that we could on new development where both properties are being developed,but to require an existing developed property to go back and modify their approach or require applicant"A" to go back to business owner "B" who is already in existence and require him to negotiate one,we don't really have that latitude or authority. Chairman Bill Williams called for a motion. Board Member Victor Blood made the motion to approve the drive approach on Highway 183, waive the on site radius requirement and a requirement that any fuel delivery be made between 6:00 p.m. and 6:00 a.m. The motion was seconded by Board Member Gene Sloan. The vote was as follows: Ayes: Chairman Bill Williams, Board Members Victor Blood, Gene Sloan, John Deithloff, Alex Wong Nays: None Chairman Bill Williams called for a motion on the variance for drive approach for North Main Street. Board Member Victor Blood made the motion to table discussion on the drive approach on North Main Street so that Exxon can look into the feasibility of a joint access agreement with Chevron. Board Member Alex Wong seconded the motion. The vote was as follows: Ayes: Chairman Bill Williams,Board Members Victor Blood,Alex Wong,John Deitloff,Gene Sloan Nays: None ITEM I ZBA#99-05-509 Hideaway Court, Hideaway Addition, Block A, Lot 1 Public input regarding the request by Mr. Robert C. Switalski, President of RCS Homes, for a variance to the required 15 feet side building line setback requirement. The applicant is requesting the variance to allow for the construction of a new single family dwelling with a side building line of 10 feet. Chairman Bill Williams opened the public hearing and asked Kevin Mercer,Development Services Manager for the presentation. Kevin Mercer stated the applicant is requesting a variance to the required 15 feet side building line setback in the Hideaway Addition, Block A, Lot 1. He stated that Hideaway Addition is located off International Parkway at the end of Sixpence Drive. Chairman Bill Williams asked the applicant to come forward and give his presentation. Mr.Robert Switaiski, 6644 Castle Pines, Plano,Texas,stated that this subdivision is a gated community with only one entrance and one exit at the gate. He stated that the gate locations are exactly at the property line. Mr. Switaiski stated that the lots are 50 feet wide and approximately the same depth through the project averaging $150,000 to the most expensive of$200,000. He also stated that he was not involved when the property was platted and that he bought the lots after they were approved by the City. He also stated that he was aware of the problem with this lot but no one had wanted to build on it and that this was the last lot. Zoning Board of Ackus1rrents Page 4 Seplernber 23, 1999 Chairman Bill Williams asked what the proposed square footage of the home would be. Mr.Switaiski stated that it is a two story, 2800 square feet home which will be like the model home. Board Member Victor Blood asked what the average size home for the rest of the lots. Mr. Switaiski stated that the average is probably 2700 square feet and that the smallest home would be about 1710 square feet. Chairman Bill Williams asked for proponents to come forward. There being none Chairman Williams called for opponents of the variance to come forward. There being none Chairman Bill Williams closed the public hearing and opened up discussion among the Board Members. Board Member Gene Sloan stated that he noticed that Hideaway Court property owner's had not been notified of the Public Hearing. Chairman Bill Williams stated that this case would have to be tabled and the property owners on Hideaway Court would have to be properly notified.. Chairman Bill Wlliams made the motion to table the variance request. Board Member Victor Blood seconded the motion. The vote was as follows: Ayes: Chairman Bill Williams,Board Member Victor Blood,John Deithloff,Gene Sloan,Alex Wong Nays: None Adjournment: There being no further business the meeting was adjourned at 7:58 p.m. A hairman GENE S IAN ate dfiwpr n ThnuteWt29A9920a