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Home My WebLink About1976 - 1978 it Y y a EMERGENCY ITEM BOARD OF ADJUSTMENT _ 4,00 p,m,, October 12, 1976 1 s Council Chambers, Municipal Building City of Denton, Texas 76201 I s ~ i Consider the need to establish a policy to determine how soon a petitioner can return to Lhe Board of Adjustment E with the same petition, C j i ~ A i t I~ } Fri i 1 f i r 14 r f k; I < AGENDA BOARD OF ADJUSTMENT APRIL 12, 1977 Meeting of the Board of Adjustment on April 12, 1977, at 4 p,m, in the Council Chambers of the Municipal Building, Denton, Texas. 1. Approval of the minutes of February 8, 1977. 2, Public Hearings; a. BA-1140 This is the petition of Mr, David Thomas request- ing he be granted a variance to permit expansion of a i building occupied by a nonconforming Office (0) use at I 215 N, Carroll, This property is located within a Multi- family (MF-1) zoning classification and expansion of a nonconforming Office (0) use is not permitted here, i E f C r g ~ k ~ e 4 t t G h i P i { r I I (I t k, Agenda Board of Adjustment September 13, 1977 Meeting of the Board of Adjustment on SepE:efa.;;r 13, 1977, at 4:30 p,m, in the Council Chambers of the, 4,tr,,oipal Building, Denton, Texas, 1. Reorganize the Board of Adjustment, `Io~ear in reappointed 1 members: Carrell, Merrell, Reaves and Russell, Elect permanent officers, 2. Public Hearings; i a, BA-1144 This is the petition of Mr, Clifford Mulkey requesting a 17' variance to the required 25, front and setback for a building addition at 819 I;, McKinne , his property is located within a Light Industrial (Ll~ zoning district, h, BA-1145 This is the petition of Mr. David Flowers requesting a variance to expand and operate a private club at 113 Avenue A, within 100 feet of a dwelling 4 unit, This is the location of Doc Holiday's private j club, 3, Approval of the minutes of August 9, 1977, I LJ f I Y l Agenda Board of Adjustment October 11, 1977 Meeting of the Board of Adjustment of October 11., 1977, at 4;30 p.m. in the Council Chambers of the Municipal Building, Denton, Texas, 1. Public Hearings., a, BA-1146 This is the petition of hr. Robert 0. Or.demann requesting a variance to construct an advertising sign with a 5' setback at 706 H, McKinney. The Zoning Ordinance j reouires a sign in a Light Industrial (LI) zoning strict to observe a 25' front yard setback, E 2, Copsiderations; a, BA-1145 This is the petition of Mr, David Flowers request- ing a variance to expand and operate a private club ar 113 Avenue A, within 100 feet of a dwelling unit. This is the location of Doe Holiday's private club, 3, Approval of the minutes of September 13, 1977. i f i I I€ I F 1 F; Agenda Board of Adjustment December 13, 1977 4 i Meeting of the Board of Adjustment on December 13, 1977, at 4;30 p.m, j in the Council Chambers of the Municipal Building, Denton, Texas. \ 1, Public Hearings; f a. BA-1147. This is the petition of Mr. Michael George requesting a variance to operate a private club within 100 feet of several residences, The Zoninlq Ordinance requires that a private club be located a minimum of 10>~t from any dwelling unit, b. BA-1148. Thisis the petition of Mr. Michael George requesting 1 ! a variance to the minimum parking requirements, The Zoning f Ordinance requires a minimum of 136 parking spaces for a private ! clasin this location. The petitioner can provide 75 spaces. 2. Approval of the minutes of the October 11, 1977 meeting. r i i l I i . I a Agenda Board of Adjustment Febr! iry 14, 1978 MeetinJ of the Board of Adjustment on February 14, 1978, at 4:30 y plml in the Council Chambers of the Municipal Building, Denton, Texas, 1, Public Hearings: A. BA-11501 This is the petition of Mr. John Leak requesting a vari- ance to permit operation of a private club at 1210 West Hickory within 100 feet of a residential dwelling unit, The Zoning Ordi•. nance requires a private club to be located a minimum of 100-Jfeet from a residence. This property is located on the north side of Hickory Street and is known as the "Porch," 81 BA-1149. This is the petition of Mr, John Leak requesting a vari- ance to the required parking standard for a private club at 1210 West Hickory. The Zoning Ordinance requires a private club to J provide one parking space for every throe seats at this location, I the "Porch." li 2. Considerations: A. Consider a report concerning Denton's Flood Plain Ordinance, B. Consider adoption of policies for the Board, ` 31 Executive Session: f[ A. Consider pending litigation, F 1 1 I 1 I 1 II I 1 j r jj i r. X II , Agenda Board of Adjustment February 28, 1978 Meeting of the Board of Adjustment on February 28, 1978s at 4:30 p.m, in the Council Chambers of the Municipal Building, Denton, Texas. 1. Public Hearings: 1 A. BA-1150, This is the petition of Mr. Jchn Leak requesting a vari- ance to permit operation of a private club at 1210 West Hickory within 100 feet of a residential dwelling unit. The Za in4, Ordi- nance requires a private club to be located a minimum 100 feet rm a residence. This property is located on the north side of I Hickory Street and is known as the "Porch." B. BA-1149. This is the petition of Mr. John Leak requesting a vari- ance to the required parking standard for a private club at 1210 West Hickory. The Zoning Ordinance requires a private club to provide one parking space for every three seats at this location, the "Porch." C. BA-1151. This is the petition of Mr. William Trentham requesting a varianc^ to permit the sale of beer and wine at 1407 West Oak Street within 100 feet of a dwelling unit. The Zoning Ordinance t requires the on-site consumption of beer and wino be 10caee'cT a minimum one hundred (100) feet from a residence. i 1 2. Considerations: A. Consider a report concerning Denton's Flood Plain Ordinance. B. Consider adoption of policies for the Board. ! C. Approve the minutes of the December 13, 1977 meeting. 3. Executive Session; i A. Consider pending litigation. s E i I r f i y i i y cz ' Zi.-t-~ Agenda Board of Adjustmeot April 11, 1978 Meeting of the Board of Adjustment on April 11, 1978, at 4:30 p.m. in tho Council Chambers of the Municipal Building, Denton, Texas. 1. Public Hearings: A. BA-1154. This is the petition of Mr. Brian Smith requesting he be granted a variance to permit on premise consumption of beer and wine at 1512 West Hickory, within 100 feet of two residences. B. BA-1152. This is the petition of Mr. Don Moore requesting he be granted a variance to permit construction of a small apartment complex on a lot measuring 51' in width at 302 Fry Street. The } Toning Ordinance requires a minimum lot width of 50' for apartment development. r , i i C. BA-1153. This is the petition of Mr. Raymond he be granted a variance to permit constructionlofcaesingle efamily house on a tract which does not have the required 30' of access to a street. The property has ten feet (10') of street access and is located adjacent and to the rear of 700 Frame Street. 2. Consideration1s: i ~ A. Receive a report from Assistant City Attorney Jim Blanton concerhing j the duties and responsibilities of members of the Board of Adjust- ment. 1 jl B. Approve the minutes of the February 28, 1978, meeting. 3. Executive Session: Consider pending litigation, i I f I i j ii "t Agenda Board of Adjustment May 9, 1978 i This is the regular meeting of the Board of Adjustment on Tuesday, May 9, 1978, at 4:30 p.m. In the City Council Chambers of the Municipal Building, I Denton, Texas, I, Public Hearings: i A. BA-1155. this is the petition of Mr. Martin Berkman requesting a variance to the required parking for operation of a restaurant j serving on premise beer and wine at 909 Avenue C, This property is located in the Carriage Square Shopping Center and seeks a r1 variance of 17 parking spaces. I B. BA-1156. This is the petition of Mrs. Wanda Belew requesting a E variance to permit construction of a carport at 613 Texas Street k within t 1/2 feet of the side property line, The Toning Ordi- nance requires accessory buildings to observe a minimum skis yard set ack of three feet (3'). C. BA-1157. This is the petition of Mr. Mike Rummel requesting a ? variance to permit expansion of a commercial building which exists as a non-conforming use at Rummel Oil Company, This property is located on the north side of U. S. 380, immediately west of the Sante Fe railroad tracks, E 11. For Consideratiun: A. BA-1154, This is the petition of Mr. Brian Smith requesting a variance to permit the on premise consumption of beer and wine at 1512 West Hickory within 100 feet of two residences. 8, Approve the minutes of April 119 1978. i I . i i t { 1 i I i R i 1 7 Agenda Board of Adjustment June 13, 1978 This is the regular meeting of the Board of Adjustment on Tuesday, June 13, 1978, at 4:30 p.m, in the City Council Chambers of the Municipal Building, Denton, Texas. I, Public Hearings: A. 8A-1150. This is the petition of Mr. W, Id, Willingham ! requesting a variance of two (2) parking spaces at 412 I ! Avenue E, the northwest corner of Avenue E and Prairie, fi, ror Consideration: r A. Approve the minutes of May 9, 1970. I 4 'E a E r i f i i i r it Agenda Board of Adjustment June 27, 1978 j This is a special meeting of the Board of Adjustment on Tuesday, June 27, 1478, at 4:30 p.m, in the City Council Chambers of the Municipal Building, Denton, Texas. i 1. Public Hearings: { A, IA--1158. This is the petition of Mr. N, {J. Willingham requesting a variance of two (2) parking spaces at 412 Avenue C, the north- i west corner of Avenue C and Prairie. B, BA-1159. This is the potition of Mr. Patrick Carey requesting a variance to operate a private club at 210 Austin Street within 100 feet of a residence. 11. Considerations: I A. Approve the minutes of May 9, 1978. i i 1 ~ f I I ~ I I R i 1 J. I 'glow Y Agenda Board of Adjustment July 11, 1978 This is the regular meeting of the Board of Adjustment on Tuesday, July ll, 1978, at 4;30 p,m, in the City Council Chambers of the Municipal Building, j Denton, Texas, 1. Public Hearings: A. BA-1160. This is the petition of Mr. Sid Rogers requesting a I variance to construct a sign at 809 North Elm within the front yard setback of 25 feet required by the Zoning Ordinance. B. BA-1161. This is the petition of Mr. Miller Davidge seeking a variance to permit construction of an apartment complex at 627 ~ Texas Street on a lot measuring 50 feet in width. The Ton. ing E j Ordinance requires a lot used for multi family v ode minimum lot width of sixty (60) feet. development pro- j II, Considerations: i A. Approve the minutes of June 27, 1978. 1 b i i ' I i J N+- ~ff i r G r: Y". F G E ~ i~ I 1 r • L Agenda Board of Adjustment July 25 , t 978 This is the regular meeting of the Board of Adjustment on Tuesday, July 25, 1978, at 4:30 p,m, in the City Council Chambers of the Piunicipal Building, Denton, Texas. 1. Public Hearings: A', BA-1160. This is the petition of Mr. Sid Rogers requesting a f variance to construct a sign at 809 North Calm within the front yard setback of 26 feet required by the Zoning Ordinance, B, BA-1161, This is the petition of Mr. Miller bavidge seeking a variance to permit construction of an apartment complex at 627 { Texas Street on a lot measuring 50 feet in width. The Zening Ordinance requires a lot used for multi family development pro- vide a nninimum lot width of sixty (60) feet, 11. Considerations: j A. Approve the minutes of June 27, 1978. r . r i . r i Y } it JJ` ' Agenda Board of Adjustment. August 8, 1978 This is the regular meeting of the Board of Adjustment on Tuesday, August 8, 19780 at 4:30 p.m. in the Council Chambers of the Municipal Building, Denton, Texas, E 1. Public Hearings: j A. BA-1162, This is the petition of Mr. John Doncaster request- ing a variance to permit construction of a six foot fence i in the front yard at 510 Ft. Worth Drive. This is the former location of the Yucca that fences constructed ~inlthe front 9 yard not exceed 40 inches. } II, Considerations: E A. Approve the minutes of July 25, 1978. 1 i 1 I I 1 i i S i t s 1 , ' j is f Y 10 t l •i I}f /jt''~]// it Agenda Board of Adjustment October 10, 1978 This is the regular meeting of the Board of Adjustment of Denton, Texas on October 10, 1978, at 4:30 p.m. in the City Council Chambers of the Municipal Building. I. Public Hearings: A. BA-1163: This is the petition of Mr. Arkie Miller requesting a variance to permit the construction of two residences on a lot which does no;, meet the minimum lot depth required for Single Family development, The lot measure (Sr-7) s 97.8 feet in depth; ~ tho Zoning- Ordinance requires a minimum lot depth of 100 feet. B. BA-1164. This is the petition of Mr. Lloyd Klement requesting 1 two variances to permit construction of a fence six (6) feet in height at 827 Eagle Drive: 1. The enclosure created by the fence will requir-a seven (7) additional parking spaces whhch cannot be provided on site. This petition seeks a variance of seven parking spaces. i ' 2. The Zo nlng, Ordinance requires a fence six (6) feet in height { observe a setback oi= 25 feet from the front property line. E The proposed fence would be located nine (9) feet from the property line on the Eagle side of the tract, II. Considerations: A. Consider approval of the minutes of the August 8, 1978 meeting. I s'" l I r I 14 F J. I V ~1 Agenda "Board of Adjustment November 14, 1978 This is the regular meeting of the Board of Adjustment of Denton, Texas,, on November 14, 1974, at 4:30 p.m. in the City Council Chambers of the j Municipal Building. 1. Public Hearings: A. BA-1165. This is the petition of Mr. Derril Bunch requesting a variance to construct a carport on the north property line at i 1 1907 Shawnee. The Toninj Ordinance requires observance of a r' minimum side yard of six feet (6') on property zoned Single t Family (SF-7} classification, # B. BA-1166, This is the petition of Dr. Morey Ray requesting a variance to permit placement of a sign at 828 West University Drive which will not observe the required setback. The Toning Ordinance requires a sign,observe a 25' setback, this request seeTcs obsorvance of five foot (5`) setback from the property j line, 11. Approve the minutes of October 10, 1978, i i I 1 I, l I j ~J i ,t. i i Agenda Board of Adjustment December 12, 1978 This is the regular meeting of the Board of Adjustment of Denton, Texas, Munon DecemberBu ic iil2, 1978, at 4;30 p.m, in the City Council Chambers of the pa i l ding, 1. Public Hearings; A. BA-1167, This is the petition of Mr, a variance to Johnny Mozingo requesting permit the on premise sale of beer and wine 407 Pt, Worth Drive, within 100 feet of several residences, r Iri B. BA-1168• This is the petition of Mr. Leon McNatt requesting a j variance to permit the placement of a sign at 521 North elm which would observe a setback of nine feet from the front property line, II. Consideration;; I A. Approve the minutes of November 14, 1978, ! r i r ~i I ` I i 1 MINUTES J30ARD OF ADJUSTMENT AUGUST 10, 1976 Regular meeting of the Board of Adjustment of the City of Denton, Texas, August 10, 1976, at A p.m, in the Council Chambers of the Municipal Building, Present; Charles Muirhead, Harv Merrell, George Reaves, Jim Russell., Director of Community Development, Director of Planning and Secretary i Absent: Edward Coomes 1, The City Secretary swore in Charles Muirhead who was re- E appointed to the Board of Adjustment, The Director of. Community Development called the meeting to order and asked for nominations for Chairman for the 1976-77 term, Merrell nominated Muirhead for Chairman, Reaves seconded the motion and moved that the nominations cease. Russell seconded the motion, which carried unanimously, ! The Chairman then asked for nominations Vice-Chairman. ? It was moved by Reaves that Merrell be elected Vice-Chairman, but { Merrell declined, Russell then nominated Reaves for Vice-Chairman. Merrell seconded the motion, which carried unanimously, 2, Paul Isham, City Attorney, presented the duties and re- sponsibilities of the Board of Adjustment. Mr, Isham stated. that the Denton Charter set forth a provision calling for the Board of Adjustment and that the duties were stated in Section 1011E of the Texas Civil Statutes, He Informed the Board that they would deal with zoning matters that usually involved site plans, He stated u that the law required a four vote in order to grant a variance or f overturn any decision made by the Building Inspector, I BA-1119 This is the petition of Mr, Kelcy Graham request- ing that he be granted a variance to sell beer and wine on premise at 2101 W, Prairie Street within 100 feet of a residential. dwelling unit, The Zonin Ordinance requires that on premise sales of beer and wine be a minimum o 0 feet from any dwelling unit, This property is located on the south side of Prairie Street and is known as the Texas Pickup Restaurant, The Director of Community Development's presentation in- formed the Board that the restaurant and apartments were oriented in different directions, He stated that eleven reply forms were mailed to the surrounding property owners within 200 feet; two re- turned in favor and one returned in opposition, He stated that the staff recommended approval because it would not create a nui- sanco to the existing commercial zone. Mr., J. D. Collier, attorney representing Mr, Kelcy Graham, spoke in favor of the request, It was then moved by Russell and seconded by Merrell THAT THE VARIANCE BE GRANTED, Motion carried unanimously. i~ f; { Board of Ad' stmc"'' Page 2 August 10, 1976 4, BA-1118 This is the petition of Mr, questing that he be granted a variance to sell bMichel re- eeraandGrwine e?,oron premise at 1212 Mulberry Street within 100 feet of a residential dwelling unit, The 'Lorain Ordinance requires that on premise sales Thisepropertyiis ~ocatmin mu or 00 feet from any dwelling unit, as the Pasta House Restaurant, e of Avenue A and is known The Director of Community Development informed the Board that this request differed from previous requests because the res- taurant was adjacent to a house, Twenty-one notices were mailed to the surrounding property owners- one returned in favor and seven returned in opposition, Mr, Gregory, the attorney representing the Pasta House Restaurant, then spoke in favor of the re uest s that each case should be heard on a case { that it was necessar by case basis, He stated necessary that the variance be granted in order to com- Pete with other restaurants in the area. Also, he presented a peti- tion from 24 businessmen in the area and 23 citizens of Denton for approval of the request. Mr, W. K. Mulkey, who owns e property Clements t to then the restaurant, spoke in opposition, Mrs,th poke in o Robert E, j t the nei hborh°od, The Director that it would Development dpresented ! the staff's recoimnendation for denial. After hearing Mr.. Gregory's j rebuttal to points made by homeowners in the area, it was moved by Reaves and seconded b j carried unanimously, Y Merrell THAT THE VARIANCE BE DENTED, Motion 5, l and MINUTES OFITHEaREGULAR MEETINGeOF' JULYs13) 19776bBERAPPRp1 THAT THE carried unanimously. VED, Motion J Meeting adjourned at 6 p,m, 1 i { . ! I M is MUU'1LS BOARD OF ADJUSTMENT SEPTEMBER 1.1 1, 1976 Regular meeting of the Board of Adjustment of the City of Denton, Texas, September 11F, 1976, at I, p.m. in the Council Chambers of the Municipal Building. Present: Edward Coomes, George Reaves, Jim Russell, John Carrell, j Director of Community Development, City Planner, Assis- tant City Planner and Secretary 1 Absent: Charles Muirhead, Harv Merrell and George Ford. V 1, The City Secretary swore in Edward Coomes who was ap- pointed to the Board of Adjustment, r' Vice-Chaixman Reaves called the meeting to order. q 2, BA-1121 This is the petition of Mr.. J. L, Powell re- questing t at he be granted a variance to place a pole sign within the 25 foot front yard setback area at 502 N, Locust, The zoning Ordinance restricts the placement of a pole sign within 25 feet of the property line, This property is located within a I + Commercial (C) district on the northeast corner of Parkway and Locust streets. The property is known as the Denton Tire Company, John Lavretta, City Planner, presented to the Board a design of the proposed sign. lie then stated that twenty reply forms were mailed; two returned in favor and one in opposition, I He then presented the Community Development Department s recom- mendation for approval, Mr, J, L. Powell spoke in favor stating there were canopy supports already existing and the sign would not I extend beyyond these supports. It was then moved by Carrell and seconded by Russell THAT THE VARIANCE BE GRANTED, Motion carried unanimously, BA-1124 This is the petition of Mr, Tom Jester request- ing that he 6e granted a vari.ice to sell beer and wine on premise at 1928 Ruddell Street within 100 feet of a residence, This is the former location of Taco 'Pronto, Jim Jones, Director of Community Development, stated that this is the former location of Taco Pronto. Ile stated that seven reply forms were mailed; four returned in favor and one in 1 opposition, The Director then presented the department's recom- mendation for approval and stated that the petitioner wanted a drive-in restaurant; however, this is not a variance item. Tom Jester, attorney representing, Mr. Lawrence, then spoke in favor of the request stating that the owners, Wynn Merrell and others, were in favor of the variance. It was then moved by Russell and seconded by Coomes THAT 'PHE VARIANCE BE APPROVED. Motion carried unanimously. i , frW~WMW is ' ii rj 1 1 1 BA-112.2 This is the Petition of Mr, John Hart request- ing that ]ie be granted a variance to sell beer and wine on premise at 181.5 W. University, within 100 feet of a dwelling unit... The Zoning Ordinance requires that a site for on premise sale of beer and wine be a mi.nimum of 100 feet from any residential unit, This is the location of Katfish. Korner, The Director of Community Development stated that this business use is 62 feet from houses on Emery, Thirty-two reply forms were mailed; none returned in favor and eight in opposition, He than pt:esented the Community Development Department's recommen- dation for approval because the restaurant and the residences are oriented in lif•ferent directions with a solid six foot fence sep- arating them, Mr. Drank Hart, operator of Katfish Korner., stated that he was in favor of this variance. He said the sole purpose would be to serve bee:' by the glass or pitcher and not on a carry- out basis, No one spoke in opposition. Carrell then made a motion TO APPROVE THE VARIANCE. Russell seconded the motion which carried three to one, r BP.-1.120 This is the petition of Mr, Gerald L, Anderson i requesting EETE he be granted a variance to sell beer and wine on premise at 227 W, University Drive, within 100 feet of a dwelling unit, The Zonitl~0rdinance requires that a site for on premise sale of beer and wine Ge -a minimum of 100 feet from any residen- tial unit, This property is located within a General Retail (GR) f District on the south side of University Drive between Bolivar and Elm streets. This property is known as Pizza Hut, The Director of Community Development: stated that twenty- two reply forms were mailed; one returned in favor and four in I opposition, The Director presented the Community Development De- partment's recommendation for. approval stating that th(-, restaurant i and residences are oriented in different directions and a fence waq there as a buffer. Michael Gregory, representing Mr. Anderson, spoke in favor stating that this was a General Retail (GR) zone and that noise would not be more pronounced with the variance, Ile felt the variance should be granted so that the restaurant could effee- I tively compete with surrounding restaurant,3. Coome.s then made a motion TO APPROVE THE VARIANCE, Carrell seconded the motion, which carried unanimously, BA-1125 This is the petition of Mrs, Margaret Hunnicutt requesting that she be granted a variance to sell beer and wine on premi,ge at 1215 East University Drive, within 100 feet of a dwelling a unit, The Zoning Ordinance requires that a site for on premise sale of beer and wine e a ~n n mum of 100 feet from any residential unit, i The Director of Community Development informed the Board that fourteen reply forms were mailed; one returned in favor and five in opposition. He presented the staff's recommendation for approval because it was compatible with other businesses in the area, and the business and residences were oriented in different directions, Margaret Hunnicutt then spoke in favor stating that there would be no parking or noise problems because of the businesses in the area and l~ the entrance being; on University Drive. Carol Pannell then spoke in opposition sCating that in the past, litter and noi;,e had been a "nightmare." She also stated that several food establishments had gone out of business in the area and that there was no need for another one. It was then moved by Russell and seconded by Carrell THAT THE VARIANCE BE APPROVED. Motion carried unanimously. BA-1126 This is the petition of Mr. John llydrick request- ing that he be granted a variance t:o sell beer and wine oil premise at 101 Welch, within 100 feet of a dwelling unit. The Goni.ng Ordi- nance requires that a site for on premise sale of beer and wine be a minimum of 100 feet from any residential unit, This is the former j location of the A & P store. j The Director of Community Development stated that this case was different in several ways to other cases the Board had considered and approved. Ile informed the Board that fifteen reply i forms were mailed, two returned in favor and three in opposition, The petitioner did not appear for the hearing. Rov. Jert Richard- son, pastor of the Grace Temple Baptist Church located across the street: from the location, spoke against the variance not so much due to moral standards as to the safety of children in their day nursery and litter and traffic in their parking lot, It was then 4 j moved by Carrell and seconded by Russell THAT TI-111 VARIANCM BE DENIED, 1 Motion carried unanimously, { BA-1123 This i.h the petition of Mr. Michael. Gregory requesting t'haC he be granted a variance to sell beer and wine on premise at 1206 W. Hickory Street, within 100 feet of a dwelling f unit. The Zo_nin&_Ordinance requires that a site for oil premise sale of beer un_ wfna be a minimum of 100 feet: from any residential unit, This property is located on the north siie of Hickory Street and is known as'the. Pizza lfut, The Director of Community Developipent presented the staff's recommendation for denial since there was no unique hardship existing on the property. Re stated that nineteen reply forms were mailed, three returned in favor, one in opposition, Michael Gregory, repre- senting Mr, Griffith for Pizza Nut, spoke in favor stating; Chat with the exception of three houses, the rest of this block is of a busi- ness use and that next door to the Pizza Nut is a beer garden, Mr. Griffith, manager of Pizza flut, then stated that the variance was needed to compete with the existing businesses, it was then moved by Carrell and seconded by Coomes THAT THE VARIANCE BE APPROVED, Motion carried unanimously, 3. It was moved by Russell and seconded by Coomes THAT THIS MINUTES OF AUGUST 10, 1976 13E APPROVED, Motion carried unanimously. On motion duly made by Carrell and seconded by Russell, the meeting; ' was adjourned at 6 p.m. I -3- i 14INUTES BOARD OF ADJUSTMENT OCTOBER 26, 1976 Regular meeting of the Board of Adjustment of the City of Denton, Texas, October 26, 1976, at 4 p,m, in the Council Chambers of the Municipal Building. Present: Edward Coomes, George Reaves, Jim Russell, Charles Muirliend, City Planner, Assistant City Planner and Secretary Absent, John Carrell, Harv Merrell and George Ford 1 i 1 j 1. BA-1127 This is the petition of Mr, lack Bell requesting f i that he be granted a variance to construct a fence within the re- quired 25 foot setback. The Zoning ordinance restricts placement of a fence within 25 feet of the property line, This property is located on the west side of Dallas Drive in the 200 block, The site is immediately east of 0 & M Automotive F The City Planner informed the Board that the petitioner was asking for a variance to construct a six-foot cedar feiice. He stated that the Community Development Department's recommendation E was for approval since the proposed fence would not cause a site hazard, Ten notices were mailed to the surrounding property owners; { none returned in favor or opposition. Mr. Bell presented a site plan to the Board for their review, Mr, Marvin Calvert spoke in opposition stating that he felt that the ordinance should be followed and that his building, the 0 & M Automotive Shop, at 220 Dallas Drive would be hidden to some degree, It was then moved by Russell and seconded ' by Coomes TO TABLE THE REQUEST UNTIL BA-1128 WAS PRESENTED, Motion carried unanimously, BA-1128 This is the petition of Mr. Jack Bell requesting 2. that he be granted a variance to permit placement of a building within the required 50 foot setback on Highway 77, Dallas Drive, The Zonitna Ordinance specifies a 50 Cnot setback for structures erected on or aigacent to a U.S. or Si:(O highway, This property is located on the west side of Dallas Drive in the 200 block, The site is immediately east of 0 & M Automotive, The City Planner stated that Mr. Bell was asking for :1 P 25 foot front yard setback on Dallas Drive, The Community DcVolop- ment Department recommended approval of the request, Ten reply for.mo were mailed to the surrounding property owners and nono were rocurned in favor or opposition, Mr, Bell informed the Beard that he would be 68 feet from Mr., Calvert's building, Mr, Calvert then spoke in opposi- tion again stating that he felt that the ordinance should be followed, It was thon moved by llusscll and seconded b Coomes THAT THE BOARD GRANT THE VARIANCE ON T fir BUILDING (BA-1128, Motion carried unani.mousl.y r rl BOARD OF ADJUSTMENT MINUTES Page 2 October 26, 1976 Mr, Bell then withdrew his request for a variance to construct a fence in the 200 block of Dallas Drive (BA-1127), 3. BA-1130 This is the petition of Mr. John Leak request- ing that he be granted a variance to serve beer and wine on premise within 100 feet of a dwelling unit, The Zoning Ordinance requires a site for on-premise sale of beer and wine to be a minimum of 100 feet from a residence. This property is located on the north side of Hickory Street and is known as the "Porch." i The City Planner presented the Community Development Department's recommendation for approval stating that the distance between the residence and the building almost met the 100 foot mini- mum standard and that the residence and building faced opposite directions, He stated that 20 reply forms were mailed to the sur- rounding property owners; one returned in favor and none in opposition, After hearing, Mr. Lee Thomas, representing Mr. Leak, speak in favor of t the request, it was moved by Coomes and seconded by Russell THAT THE VARIANCE BE GRANTED, Motion carried unanimously. i f G. BA-1129 This is the petition of Mr. John Leak requesting that he be granted a variance to the required parking standards. The Zonin Ordinance requires a private club to provide one parking space for every three seats, This property i.s located on the north f side of Hickory Street and is known as the "Porch," I 7 The City Planner informed the Board that Mr, Leak had 15 off-street parking spaces but was required to have 27 spaces for the 80 seats in his business to meet the ordinance requirements, Mr. Lee Thomas, representing the case, stated that the business was in a unique area that served the North Texas State University students wii-re at least 50 percent of their clientele walked, He also felt # that the business should not be penalized because Mr. Leak did not apply for a private club before the ordinance was enacted, The City planner opposed the request because it did not create a hardship, He stated that they had the option for an office or retail use, He felt that granting the variance would cause others to ask for the same variance. Mr, Leak then stated that it was a hardship because they could not lease any spaces. It was then moved by Russell and seconded by Reaves THAT THE REQUEST BE TABLED UNTIL NOVEMBER 9, 1976 i TO CHECK TO SEE IF THE BUSINESS COULD CONFORM, Motion carried unanimously, 5, BA-1132 This is the petition of Mr, Ed Owen requesting that he be granted a variance to construct a building ten feet within the required 25 foot front yard setback, The Zoning Ordinance r.e- E quires construction in a SF-7 zone to mni.ntai.nii--- 5 foot front yard setback, This property is iocatcd at the northeast corner of Winchester Court and Coronado Drive at 2700 Winchester Court. F :S i# Fri 4f ' i r... Ir rr s~ BOARD OF ADJUSTMENT Page 3 October 26, 1976 After hearing Mr. Owen and two persons express their concern about the rase the City Planner Development Department's recommendation fore denial.thItCwasLthen moved by Muirhead and seconded by Russell THAT THE VARIANCE BE GRANTED, Motion carried unanimously,, 6. Consider the need to establish haw soon a policy to determine a petitioner can return to the Board of Adjustment for a rehearing of a previously denied petition, The Board considered the Res Adjudicata Policy, It was then moved by Reaves and seconded by Coomes TO APPROVE THE RES ADJUDICATA POLICY AND THAT THE CITY PLANNER BE INSTRUCTED TO AC- CEPT THE PETITION AND READVERTISE FOR THE PASTA HOUSE REQUEST FOR THE NOVEMBER 90 1976 MEETING, Motion carried unanimously, ' I ~ t. ` On motion duly made by Reaves and seconded by Muirhead, he meeting was adjourned at 6 p.m. } , I 5 i E fr J 5 a d f 1 1 i i i , i { L' C. t j 1 3(": era.;: , 11 rj t1 ,I 1 MINUTES BOARD OF ADJUST_PrFNT NOVEMBER 9, 1976 Regular meeting of the Board of Adjustment of the City of Denton, Texas, November 9, 1976, at 4 p.m. in the Council Chambers of the Municipal Building. Present: Edward Coomes, George Reaves, Jim Russell, F3arv Merrell, George Ford, City Planner, Assistant City Planner, City Secretary and Secretary Absent: John Carrell and Charles Diuirhead It was moved by Coomes and seconded by Merrell that the minutes of October 26, 1976 be approved as written, Motion carried unanimously, 3 7 2. Public Hearings: I' a. BA-1131 This is the petition of Mr, George Hopkins requesting that he be granted a variance to serve beer and wine on premise at 1507 Eagle Drive, within 100 feet of a dwelling, unit, E Thi. ZoninOrdinance requires a site for on-premise sale of beer and wine to be a ninimum of 100 feet from a residence. This property is located within a University (0) district on the south side of t Eagle Drive between Avenue B and Collier Street, The property is known as Taco Ticc, 1 The City Planner informed the Board that the Conffaunity Development Department recommended approval even though the restaurant was within 56 feet of a residence because the restaurant and residence were oriented in different directions and a solid six foot screen fence separated the two uses. Fifteen reply forms were mailed to the sur- rounding, property owners; one returned in opposition from NTSU which is now their policy to recommend denial of all variances to serve beer ' and wine around the campus, Mr, Hopkins then spoke in favor of the request stating that Mr, John Carter with NTSU wns in favor of the ; request at the Planning and Zoning meeting, lie also stated that the property owners behind Taco Tico were in favor of the request and that the solid fence was constructed from the corner of Collier to Avenuc B, It was then move by Merrell TO GRANT THE VARIANCE BECAUSE THERE WAS NO j OPPOSITION AND THE RESIDENCE AND RESTAURANT ARE ON:II;NT2,D IN DIFFERENT DIRECTIONS. Russell seconded the motion, which carried unanimously, I b. BA-1133 This is the petition of Mr, David W. Pyle re- questing, that he he granted a variance to serve beer and wine on premise at 1212 Mulberry, within 100 feet: of a dwelling unit. The 7,oning Or.din,'Wce requires n site for on promise sale of beer and wine bo bb''W_ifi.Fi _11uF-of 1.00 feet from a residence. This proper(:y is lo- sated within a Genera;l Rct.n.il ((,R) district on the north side of Mulberry between Avenue A and Welch and is-known as the Pasta House, r The City Planner again presented the Community Development Department's recommendation 1?01• denial since the adjacont residence i r r t. ._r t~ i7 t4 P{ ~ I I i i BOARD OF ADJUSTMENT MINUTES Page 2 November 9, 1976 was oriented in the same direction only 37 feet from the restaurant. He stated that 20 reply forms were mailed to the surrounding property owners and 7 were returned in opposition, Mr. Pyle then spoke in favor of the request stating that they wanted to compete in this area, especially with the Pizza Hut serving the same type food. Mr. W. K. Mulkey, owner of the adjacent lot, then spoke in opposition. Also, another gentlemen then spoke in opposition stating that his driveway was blocked on the weekends and that he had seen numerous wrecks at the corner of Avenue A and Mulberry. It was then moved by Russell and seconded by Ford that the variance be granted. Merrell and Coomes voted "nay" and Russell, Ford and Reaves voted "aye". VARIANCE DENIED f for lack of 4 votes for approval, Considerations; a, BA-1129 This is the petition of Mr. John Leak request- ing that he be granted a variance to the required parking standards. The Zoning Ord.I1iAra_" requires a private club to provide one parking 4 space for every three seats. This property is located on the north aide of Hickory Street and is known as "The Porch," I After a brief discussion, it was moved by Coomes THAT THE r VARIANCE BE GRANTED WITH THE RESTRICTION THAT THERE BE A MAXIMUM OF I ' 80 SEATS FOR THE 15 PARKING SPACES AND THAT THIS NUMBER OF SPACES NOT BE REDUCED WHINE THIS SEATING CAPACITY IS UTILIZED, Forrd seconded the motion, which carried unanimously, On mot3.on duly made by Russell and seconded by Merrell, the meeting was adjourned at 5;30 p.m, } i } s f k } ti V I C ~i i3 ,v 'I M*1 + MINUTES ✓ BOARD OF ADJUSTMENT JANUARY 11., 1977 Regular meeting of the Board of Adjustment of the City of Denton, Texas January 11, 1977, at 4 p.m, in the Council Chambers of the Munici pal Building Present; Edward Coomes, Jim Russell, Harv Merrell, Ge^r~;e Ford, Charles Muirhead, Director of Planning, Assistant City, ? Planner and Secretary 4 j Absent; Oeorge. Reaves 1. It was moved by Coomes and seconded by Russell THAT THE J MINUTES OF NOVEMBER 9, 1976 BE APPROVED AS WRITTEN, Motion carried ! unanimously, R 2. Public Hearings; ? 1 i a, BA-1134 This is the petition of Mr, D. K. Hudgins i requesting he be granted a variance to the required 60 foot lot width to permit construction of a second residential dwelling at. 630 Schmitz, The Zoning Ordinance requires a minimum lot width of 60 feet for multi=family uses. This property is located within a Multi-family zoning district (DiF-1) on the southwest corner of Schmitz at Frame. The property is more particularly described as Lot I of Block 148. i The Director of Planning read the Community Development Department's recommendation which did not strongly support or oppose the petition, Ile then stated that 35 notices were mailed to the surrounding; property owners; 4 returned in favor and 7 in opposition, It was then moved by Russell and seconded by Goomes ( THAT THE VARIANCE BE GRANTED, Motion carried unanimously, b. BA-1135 This is the petition of Mr, David B. Norman requesting he be granted a variance to sell beer and wine on premise at 116 Fry Street, within 100 feet of a residential, dwelling. The Zoning, Ordinance requires that a site for on premise sale of beer j a~ nc~ win i` ( a minimum of 100 feet from a residential unit, This ; property is located within a General Retail (OR) zoning; district on the east side of Fry Street, south of Oak, The property is more particularly described as Lot 22 of Block 365, The Director of Planning, presented the Community Develop- I ment Department's recommendation for approval and stated that 22 notices had been mailed; 1 returned in favor and 2 in opposition, Tho owner of the property directly south of this location spoke in opposition stating; that there were plenty of other places in the area that sold beer and wine that his' window had already been brolceu, that litter was already a problem and that he did not want I' I ; c 9 i i. BOARD OF ADJUSTMENT MINUTES PAGE 2 JANUARY 11, 1977 s a place that sold beer and wine next to the location where he was raising his children. Mr. Norman then spoke in favor of the request informing the Board that he wanted to establish a beer garden and that his plans would enhance the overall facade of the building. He also stated that he would lease parking from Mr, Paul Voertman. Since previous requests have been approved where the house and the business faced opposite direc- tions and where the were located in a commercially zoned district, ! it was moved by Ford and seconded by Merrell THAT THE VARIANCE BE 1 ` GRANTED. Russell, Merrell,; Ford and Muirhead voted "aye" and Coomes abstained from voting. Motion carried for approval. On motion duly made by Merrell and seconded by Muirhead, the 'meeting was adjourned at 4;35 p,m. s ~ I f I 1 i ! u -r _:4 F. aetL~ 1 1t tt r p .i,l F 4 it Minutes Board of Adjustment October 11, 1977 Regular meeting of the Board of Adjustment of the City of Denton, Texas, October 11, 1977, at 4:30 p,m „ in the Council Chambers of the Municipal Building. Present; George Reaves, Edward Coomes, Charles Muirhead, John Carrell; Assistant City Planner and Secretary Absent; Harv Merrell and Jim Russell I 1, Public Hearings; r j a, BA-1146 This is the petition of Mr., Robert G, Ordemann requesting a variance to construct an advertising sign with a 5' setback at 706 K. McKinney. The Zonina~Ordinance requires a j I sign in a Light Industrial (LI) zoning district to observe a 25' i front yard setback. The Assistant City Planner informed the Board that 15 property owners were notified of the request; two in favor and two in opposi- tion, He then presented the Community Development Department's recommendation of approval stating that many businesses in the area observed less than the 25' setback, I i Mr. John Ordemann, son of the owner, spoke in favor of the re- quest-stating that the variance was needed for advertisement pur- poses, It was then moved by Carrell and seconded by Coomes THAT THE j REQUEST BE APPROVED. Reaves, Coomes, Muirhead and Carrell voted "aye" and the motion carried unanimously, j 2. Considerations; a, BA-1145 This is the petition of Mr, David Flowers request- ing a variance to expand and operate a i•r.ivate club at 113 Avenue A, within 100 feet of a dwelling unit. This is the location of Doc Holiday's private club, The Assistant City Planner informed the Board that this request f was tabled until adequate parking could be arranged, He also stated that the petitioner had presented him a parking plan shortly before the meeting but that more time was needed to review the plan and the site, Therefore, this consideration would remain on the table if the Board desired, The petitioner then told the Board that he was only asking for a 100' variance to the residence at this time and that if it were -Rik 10 Board of Adjustme-r, utes Page 2 October 11, 1977 granted he could secure adequate parking. There would be a net gain of 32 usable parking spaces before he starts building. It was then moved by Muirhead and seconded by Coomes THAT THE REQUEST BE TAKEN OFF THE TABLE, Reaves, Coomes, Muirhead and Carrell voted "aye" and the motion carried unanimously, Muirhead then moved THAT THE 100 FOOT VARIANCE BE APPROVED ' AND THAT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE PROVISION OF ADEQUATE PARKING WOULD BE INSURED, BY THE JUDGMENT OF THE CITY, Coomes seconded the motion, Reaves, Coomes, Muirhead and Carrell voted "aye" and the motion carried unanimously, z On motion duly made by Muirhead and seconded by Coomes, the meeting - j was adjourned at 5:30 p.m, I f I LJ j` i I i i i h t Sr Et~ q rj M1 i t3 , Minutes Board of Adjustment December 13, 1977 r , Regular meeting of the Board of Adjustment of the City of Denton, Texas, December 13, 1977, at 4:30 p.m. in the Council Chambers of the Municipal Building. Present: George Reaves, Edward Coomes, Charles Muirhead, Harve Merrell, City Planner, and Secretary. f E Absent. . Jim Russell 1 i 1. Public Hearings: s - i a. BA-1147. Thisis the petition of Mr, Michael George requesting a I variance to operate a private club at 101 Welch Street within 100 feat of a residence. 33' The City Planner informed the Board that of the 14 property owners i. notified, three had responded in opposition. The Department's recom- mendation found neither strong reasons for approval or denial of the case. The Board discussed a similar petition they had heard for the I same property in relation to an informal policy they have of not re- hearing petitions within a year unless there has been substantial changes in the nature of the case. A review of the minutes indicated that the case was last heard in September 1976 and was denied as no one appeared at the public hearing to support the petition. Mr. Michael George then spoke in favor of the petition expressing the opinion that this case was similar to petitions the Board has approved in the past concerning private clubs. i Robert Richardson, Pastor of the Grace Temple Baptist Church, spoke in opposition stating that he was concerned with increased traffic and overflow of parking onto the church parking lot adjoining the church school. Two other neighborhood residences spoke in opposition to the } requested variance because of the possible impact the club would have on the surrounding area. It was moved by Merrell that the variance be approved. This motion was seconded by Muirhead. Murrhead and Merrell voted aye; Coomes and Reaves voted no. Motion failed. b, BA-1148. This is the petition of Mr. Michael George requesting that he be granted a variance to the minimum parking requirement to operate a private club at 101 Welch. In light of the fact that the petition to operate a private club at this location was denied, and with the consent of the petitioner, the public hearing process for BA-1148 was not used. Reaves moved denial of BA-1148 and the motion was seconded by Coomes, Motion passed unani- mously. a IGIN , V 11 ~ 1 Board of Adjustment',~) .2_ Minutes December 13, 1977 26 A motion was made by Muirhead and seconded by Coomes that the minutes of the last meeting be approved. Motion passed unanimously. There was discussion of formalizing a policy of not hearing the same petition within a year. Muirhead moved to instruct the staff that it was q the Board's attitude that petitioners should be informed that they did not wish to hear the same petition within a year unless there was a substantial change in the nature of the case. Coomes seconded and the motion carried unanimously. The staff was instructed to put the issue of policies on the !r next agenda so that they could be formally adopted. E A motion was made b Coomes and by seconded by Muirhead that the meeting I be adjourned. Motion carried unanimously and the meeting adjourned at i I 6:45 p.m. i r I ~ I ! { f _I l R ~ I i i i i t + i r 1 I 1 ki Y 1 i a r r7 ,p. IMF= 4 { 3 :1 i l t