Board of Adjustment October 23, 2018

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3 Board of Adjustment October 23, 2018 Board Members Present Robert Miller, Chairperson Jim Norton Ban Alali Phillip Pierceall Pat Morgan Carolyn Kalchthaler John Peskuski Janet Stovall Absent Phil Head Tianle Tong Staff Victoria Huynh, Deputy City Attorney Jeanna Scott, Building Inspections Manager Lacey Thornton, Sr. Administrative Assistant Laura Wigglesworth, Code Compliance Representative Chairperson Robert Miller called the meeting to order at 3:00 p.m. on October 23, 2018 in the Senator Florence Shapiro Council Chambers. A quorum was present and notice of the meeting had been posted for the time and manner required by law. The following matters were discussed: 1. Public comments: There was no public comment. 2. Approval of Minutes from September 25, 2018: Board Member Jim Norton made the motion to approve the minutes from September 25, 2018; Board Member Carolyn Kalchthaler seconded the motion. The Board voted 8-0 in favor of approving the minutes. At 3:03p.m., Chairperson Robert Miller stated the Board of Adjustment would retire into Executive Session pursuant to the provision of Chapter 551, Government Code, Vernon s Texas Code Annotated, Open Meetings Act, in order to consult with an attorney and receive Legal Advice (Section ), for which a certified agenda is not required. At 3:19 p.m., the Board of Adjustment reconvened into the Regular Meeting. Chairperson Robert Miller then admitted all documents and testimony given into the official Board of Adjustment record. 3. APPEAL #18-06Z 2917 Princeton Drive: A request for reasonable accommodation to vary from Subsection (.1) (B.) (iii) and (iv) and of Division 2, Article 13, Zoning Ordinance No as amended, to allow: a. a reduced setback from required 3 feet to 0 feet resulting in a structure that is built to the side property line and b. to be less than 10 feet to the main building and enclosed on 3 or more sides

4 And Subsection (.3) (A.) of Division 2, Article 13, Zoning Ordinance No as amended, to allow a variance of 5 feet to the required 24 feet maximum dimension of a carport resulting in an overall width of 29 feet. This request is made by property owners Barry and Gloria Sturdivant. Tabled from meeting. Laura Wigglesworth, Code Compliance Representative, gave a presentation on the accommodation request and spoke of a neighbor s letter complaining of the carport structure. Mrs. Wigglesworth then answered questions from the Board regarding the fence height requirements. Mr. Barry Sturdivant, owner, testified that the carport was necessary not only for his wife s health, but to prevent vehicles from hail damage. Mr. Sturdivant testified that this accommodation request is for his wife s condition because his mother-in-law passed away. Mr. Sturdivant was asked about his knowledge of the impact the carport has on the neighbor s fence. Mr. Sturdivant stated that the carport is inside his property line so damage to the neighbor s property is unlikely. Mr. Sturdivant answered questions from the Board and spoke to how many vehicles the family owns and where the vehicles are stored. Mrs. Gloria Sturdivant, owner, testified based on the slant of the carport, damage to the neighbor s property is not possible. Mrs. Sturdivant testified that her health is not improving and she fears falling as necessary reasons for the carport. Mrs. Sturdivant testified that she keeps her vehicle in the garage, but when she goes to doctor appointments, her husband drives the vehicle kept under the carport. Mrs. Sturdivant testified that the neighbor signed the petition sent around for approval from neighbors. Chairperson Robert Miller opened the floor to public comment. Pat Mathis, neighbor adjacent to the subject property, testified that the rain falls on her fence and her Rubbermaid storage in her yard. Mrs. Mathis testified that she had a 6-foot fence. The Board asked her if she had signed a petition agreeing to the carport as presented by the Sturdivants. Mrs. Mathis stated that she signed under duress and had no idea what she was agreeing to in terms of size of the carport and how it would impact her property. Mrs. Mathis testified that she was not in a good state of mind due to medication from surgery and felt pressured to sign the petition. The Board asked about her view from her yard. She stated her view was of a commercial vehicle, but now is of the camper. Chairperson Robert Miller swore in Jerry Daniel since he was not present during the oath was given earlier. Jerry Daniel, contractor, testified that the carport is built on a downward slant making it impossible for rain water to run into her yard. On why he did not obtain a permit with the City prior to building, he said he did not agree with the City of Plano s Code of Ordinances. Johanna Wade, neighbor, testified to how many cars typically park under the carport and the property. Chairperson Robert Miller closed the floor to public comment, and discussion was confined to the Board. The Board members each provided the rationale for their vote. Board Member Janet Stovall made the motion to approve Appeal #18-06Z as presented, subject to the rules and regulations of setbacks of the City of Plano. Board Member Jim Norton seconded the motion. The Board voted 0-8 in favor of the motion. Therefore, the accommodation request was denied. 4. APPEAL #18-20S 320 Coit Road: A request to vary from Subsection (.2) (I.) (i) of Division 4, Article 22, Zoning Ordinance No as amended, to allow 8:

5 a. onsite directional signs to exceed the allowed 30 inches (2.5 feet) in height by 42 inches (3.5 feet) for an overall height of 72 inches (6 feet) and b. for 8 onsite directional signs to include advertising. Chairperson Robert Miller then admitted all documents and testimony given into the official Board of Adjustment record. Laura Wigglesworth, Code Compliance Representative, gave a presentation on the variance request and answered questions. Jacob Capetillo, representing the applicant, testified to the necessity of the wayfind signs for curbside pickup. Mr. Capetillo testified the signs are for directional use and safety of traffic and pedestrians. Mr. Capetillo answered question from the Board. Board Member Phil Pierceall made the motion to approve Appeal #18-20S as presented, subject to the rules and regulations of setbacks of the City of Plano. Board Member Ban Alali seconded the motion. The Board voted 8-0 in favor of the motion. Therefore, the variance request was approved. 5. Items for future Agenda Lacey Thornton and Laura Wigglesworth stated there are no items scheduled for the upcoming meeting, but would likely have a variance request submitted before the cutoff for the next meeting. Meeting adjourned at 4:40 p.m. Robert Miller, Chairperson

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10 APPEAL SUMMARY #18-21S APPLICANT: Graham JAH Realty LP, and to be represented by Wayne Rhodes with Hilton Displays. ADDRESS: ZONING: 6265 Coit Road Retail (R) APPLICANT REQUEST: The applicant is requesting to Subsection (.2) (J) and (.3) (D) of Division 4, Article 22, Zoning Ordinance No as amended, to allow a menu board sign: a. To exceed the allowed height of 6 feet by 3.8 feet for an overall 9.8 feet in height, and to be reduced from the overall clearance height requirement of 14 feet for a freestanding sign over a driving surface by 4.2 feet to 9.8 feet. b. To be separated by 3 feet from a second menu board, reducing the minimum required separation of 10 feet by 7 feet. ORDINANCE REQUIREMENTS: Subsection (.2) (J) and (.3) (D) (.2) (J).a maximum height of 6 feet and shall be a minimum of 10 feet from any other menu board sign. (ZC ; Ordinance ) (.3) (D) states that any projecting or overhanging portion of a freestanding sign must be a minimum of 10 feet above any walking surface and 14 feet above any driving surface. STAFF FINDINGS: This property is located at the north of W. Spring Creek Parkway facing Coit Road and within a Commercial Zoning District. Per the applicant, because the order screen is defined as a menu board, it does not allow the element to be close enough to the menu board for the customer to see the products and place the order. The rain canopy over the attached order screen/menu board is to keep the customers dry while ordering. The menu board sign is over the maximum height of 6 feet by 3.8 feet and also does not have the overall clearance height of 14 feet. All menu board signs shall maintain a minimum of 10 feet in between in each sign. This requested variance is to also allow a minimum of 3 feet from the second menu board sign. STAFF RECOMMENDATION: Approval

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25 Appeal Summary #18-22S APPLICANT: ADDRESS: ZONING: Eastside 14 th St., LLC, property owners Nathan and Bonnie Shea 1000 E. 14 th St. Business Government (BG) APPLICANT REQUESTS: The applicant is requesting a variance: East elevation: a. To allow two additional signs on an elevation not fronting a public street. b. To allow one wall sign to be internally illuminated. c. To allow a plastic face on the internally illuminated sign. d. To allow the combination of wall signs to be square feet over the approved square feet for a total square feet. North elevation: a) To allow an additional internally illuminated sign. b) To allow a plastic face on the additional sign. c) To allow the hanging sign to be 5 square feet over the approved for a total of square feet. ORDINANCE REQUIREMENTS: Subsection (.6) (B) (iii) (e): The use of plastic on the exterior of a sign is prohibited, except on a marquee or institution sign. Subsection (.6) (B) (.iv) (d): No sign, except marquee or institution signs, may be illuminated by fluorescent or back lighting. Subsection (.6) (F) (xiv) (b): The maximum permitted sign area for a single business or single storefront shall be one square foot per linear foot of business frontage along a public street, alley, or mews. The width of the sign structure shall not exceed half the width of the business's linear frontage. The maximum height of the sign structure shall not exceed one-third of the total height of the wall to which it is attached. (ZC ; Ordinance No ) STAFF FINDINGS: This property is located on the southeast corner of 14 th St. and J Place allowing for 2 street frontages. It is part of the downtown Business Government district. There are sign requirements specific to this district in the zoning ordinance. The purpose of the Downtown Sign District is to ensure consistency with the historic, urban, pedestrian-oriented nature of the district. The building currently has a combination of restaurant and office uses. The proposed signs are for two elevations on the East and the North. The east elevation currently has wall signs approved by the board in 2012 and proposing two additional wall signs, not fronting a street. One of the signs will be internally illuminated and will also have a plastic face. Both signs will be over the already approved square feet by square feet for an overall of square feet.

26 Page 2 Also, the north elevation currently have existing signs approved by the board in 2012 and proposing a hanging sign. The proposed sign will also be internally illuminated and will also contain a plastic face. The proposed sign will be over the approved square feet by 5 square feet for an overall of square feet. STAFF RECOMMENDATION: Approval

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