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02/21/2017 MINUTESMINUTES SPECIAL MEETING CITY OF PARIS BOARD OF ADJUSTMENT CITY OF PARIS - CITY HALL COUNCIL CHAMBERS CONFERENCE ROOM PARIS, TEXAS TUESDAY, FEBRUARY 21, 2017 12:00 O'CLOCK P.M. The Board of Adjustment meeting was called to order by David Hamilton, Chairman at 12: 00 p. m. A. The following members were present: David Hamilton, Louise Hagood, Jerry Haning, Marilyn Smith and Chris Fitzgerald (Alternate Board Member) B. The following members were absent: Deanna Manning C. Also present was Carla Easton, City Engineer; Ashley Fendley, City Staff; Stephanie Harris, City Attorney; Sue Lancaster, City Council; Mihir "Mark" Pankaj, Alternate Board Member; and concerned citizens. 2. Approval of minutes from previous meetings. (January S, 2017; January 19, 2017) Motion was made by Marilyn Smith, seconded by Jerry Haning to approve minutes for the January 5, 2017 and January 19, 2017 meetings, with corrections. Motion carried 5 -0. 3. Public hearing and consideration of and action on the petition of Sign Installation Group, LLC on behalf of Gary Callaway on Lot 10 & I1, City Block 250, being located at 2350 North Main Street. Section 28 -4 (b)(3) of the Sign Ordinance which provides that "Detached signs shall not exceed thirty (30) feet in height above the highest adjacent roadway surface. " The applicant has proposed the sign height to be 50 feet. The maximum allowed for the sign height is 30 feet. The applicant is asking for an additional 20 foot variance on the height of the sign. Public hearing was declared open. A. One individual spoke in favor of the petition. Heather Rowell representative from Sign Installation Group of Fate, Texas, spoke in favor of the petition. Ms. Rowell stated that the reasoning behind asking for a 20 foot variance on the sign height is to see the sign from the north loop. Ms. Rowell stated their hardship would be visibility from the North of Loop 286. Ms. Rowell further stated she hopes the board will approve the variance. B. No one spoke in opposition of the petition. Public hearing was declared closed. Motion was made by Louise Hagood to deny the variance request. Motion died for a lack of a second. Motion was made by Chris Fitzgerald, seconded by Marilyn Smith to approve the variance request. Motion carried 4 -1, with Louise Hagood in opposition. 4. Public hearing and consideration of and action on the petition of Dale Wood on Lot 22, Block A, of the College Addition, being located at 2412 West Austin Street. Section 9- 201(1) of the Zoning Ordinance which provides that "The minimum lot width for a residential home in Single Family Dwelling District No. 2 (SF -2) be 60 feet wide. " The applicant's property is 50 feet wide. The applicant is asking for a 10 foot variance for the lot width. Public hearing was declared open. A. One individual spoke in favor of the petition. Dale Wood, 1409 CR 45600 Blossom, Texas, spoke in favor of the petition. Mr. Wood stated that his disabled son lives in the house located at 2412 West Austin Street and it is in extremely bad condition. Mr. Wood stated he wants to build a 600 square foot home on the property at 2412 West Austin Street. Mr. Wood further stated that the lot width is 50 feet and if he removes the existing structure he will not comply with the ordinance to reconstruct. Mr. Wood stated he hopes the board will grant a variance on the lot width to reconstruct a home for his son. B. No one spoke in opposition of the petition. Public hearing was declared closed. Motion was made by Jerry Haning, seconded by Louise Hagood to approve the variance request. Motion carried 5 -0. 5. Public hearing and consideration of and action on the petition of Harrison, Walker & Harper on behalf of Perry's Off the Square on Lot 2, City Block 178 -A, being located at 208 South Main Street. Section 28 -19 (1), (2) and (3) of the Sign Ordinance which provides that "Sign finish materials shall be one (1) of the following: (1) Painted, vinyl- coated, or enameled metal; (2) Carved relief in stone or cast stone; and (3) Wood or carved wood which is painted or sealed. " The applicant is asking to install banners fabricated from 1000x1000 scrim -woven heavy- duty blackout banners vinyl. 6 Public hearing and consideration of and action on the petition of Harrison, Walker & Harper on behalf of Perry's Off the Square on Lot 2, City Block 178 -A, being located at 208 South Main Street. Section 28 -24 (b) of the Sign Ordinance which provides that "Banner signs. Banner signs shall be permitted in the downtown historic district and shall not require a certificate of appropriateness. One (1) banner sign with a sign area no larger than fifty (50) square feet is permitted for a maximum time period of thirty (3 0) consecutive days up to five (5) times per calendar year per building. " The applicant is asking to install banners as a permanent sign. Public hearing was declared open for item 5 and 6 together. A. Two individuals spoke in favor of the petition. Alex Putnam representative of Harrison, Walker & Harper of Paris, Texas, spoke in favor of the petition. Mrs. Putnam stated that Perry's Off the Square sets back off the road and does not have great visibility. Mrs. Putnam stated they are trying to install banners on existing pole for visibility purpose as a permanent sign. Mrs. Putnam stated they took the design layout to the Historical Preservation Commission for approval on December 14, 2016. Mrs. Putnam stated she hopes the board will approve this signs. JD Mars, of Paris, Texas, spoke in favor of the petition. Mr. Mars stated that Perry's Off the Square is a wonderful restaurant and this would be a great opportunity for them to use the existing poles for signage. Mr. Mars stated this would be a very good item to pass. B. No one spoke in opposition of the petition. Public hearing was declared closed. Motion was made by Chris Fitzgerald, seconded by Marilyn Smith to approve item 5. Motion carried 5 -0. Motion was made by David Hamilton, seconded by Marilyn Smith to approved item 6. Motion carried 5 -0. 7. Public hearing and consideration of and action on the petition of Allen Lenertz on Lot H, Block E, of the Oak Creek Phase IV Addition, being located at 1925 N.E. 30`h Street. Section 9 -502 of the Zoning Ordinance which provides that "Where a building line has been established by plat or ordinance and such line requires a greater or lesser front yard setback than is prescribed by this ordinance for the district in which the building line is located, the required front yard shall comply with the building line so established by such ordinance or plat. " The applicant is asking for a 10 foot setback off of Oak Creek Drive. The survey plat of the subject property, called Oak Creek Phase IVAddition Final Plat call for a 25 foot setback to the building line. Due to this property being an unusual shape the applicant is asking for a 10 foot setback off of Oak Creek Drive. Public hearing was declared open. A. One individual spoke in favor of the petition. JD Mars representative for Allen Lenertz, of Paris, Texas, spoke in favor of the petition. Mr. Mars stated he owns Paris Drafting and is the individual drawing Mr. Lenertz construction plans. Mr. Mars stated that Mr. Lenertz property was part of Oak Creek Subdivision #4, which required a 25 foot set back on both frontages of the property. Mr. Mars further stated that the house behind Mr. Lenertz property is part of Oak Creek Subdivision #2, which only requires a 10 foot set back on the side yard. Mr. Mars stated that Mr. Lenertz is requesting a 10 foot setback to match Oak Creek Subdivision #2. B. Three individuals spoke in opposition of the petition. John Beard, 2925 Oak Creek Drive Paris, Texas, spoke in opposition of the petition. Mr. Beard stated that the applicant should have bought a bigger lot or needs to build a smaller home. Mr. Beard stated that there is to many houses that park on the street as of now if the board allows a 10 foot setback they will probably park on the street also. Kenneth Kohls, 3935 Brandon Place, Paris, Texas, spoke in opposition of the petition. Mr. Kohls stated that it seems the applicant wants to be approved for something he has no designs for. Mr. Kohls stated what happens when he gets this variance and decides not to build in the future. Mitzie Pirtle, 2915 Oak Creek Drive, Paris, Texas, spoke in opposition of the petition. Mrs. Pirtle stated her concern was traffic issues, since the house would be so close to the road on the corner. Public hearing was declared closed. Motion was made by Louise Hagood, seconded by Jerry Haning to deny the variance request. Motion carried 5 -0. 8. Public hearing and consideration of and action on the petition of Joyce Reaper on Lot 1, Block H, of the Tanglewood Addition, being located at 2780 Culbertson Street. Section 9 -502 of the Zoning Ordinance which provides that "Where a building line has been established by plat or ordinance and such line requires a greater or lesser front yard setback than is prescribed by this ordinance for the district in which the building line is located, the required front yard shall comply with the building line so established by such ordinance or plat. " The applicant is asking for a 15 foot setback. The survey plat of the subject property, called Tanglewood Addition Final Plat calls for a 35 foot setback to the building line. The applicant is asking for a 15 foot building line. David Hamilton informed the Board of Adjustments that a petition had been filed with the City Clerk's office in opposition of the variance request with 24 signatures. Mr. Hamilton also informed the board that Cleonne Drake, District 6 Council Member submitted a letter in opposition. Public hearing was declared open. A. Two individuals spoke in favor of the petition. Joyce Reaper, 2780 Culbertson Street, Paris, Texas, spoke in favor of the petition. Mrs. Reaper stated she had a driveway installed in her front yard about a year ago that was approved by City Staff. Mrs. Reaper stated that she got a permit back in December of 2016 to install an open carport on this new driveway due to her neighbor's tree leaving sweet gum balls all over the driveway. Since then the City has informed us they made a mistake and stopped work on the project. We have already begun constructing the open carport when the project was placed on hold. Mrs. Reaper further stated she is trying to make the corner lot look nice for the neighborhood but every time she tries to do something to her property the neighborhood is against her. Mrs. Reaper stated she hopes the board will approve this variance to continue work. Roger Edwards, 50 West Oak Avenue, Paris, Texas, spoke in favor of the petition. Mr. Edwards stated that he is the contractor for the 2780 Culbertson Street project. Mr. Edwards stated the City of Paris issued a permit for constructing this carport back in December of 2016. Mr. Edwards stated the $17,000 carport kit has already been purchased. Mr. Rogers stated if they have to move the carport back it will cost Mrs. Reaper another $9,100. Mr. Roger stated that if the board does not approve this variance he will be looking at the City for payment of their mistake. B. Six individuals spoke in opposition of the petition. James Rhodes, 2760 Culbertson Street Paris, Texas, spoke in opposition of the petition. Mr. Rhodes stated if this was to be approved the first thing they will see is the metal carport when they turn on Culbertson Street. Mr. Rhodes stated that if this variance is approved the look of the neighborhood would not be the same. David Dickerson, 2705 Hubbard Street, Paris, Texas, spoke in opposition of the petition. Mr. Dickerson stated he likes the charm that the neighborhood has and approving this variance would change it. Mr. Dickerson stated he is sorry that Mr. Reaper is in bad heath and for the mistake on the City. Mr. Dickerson further stated he wishes the board would deny the variance request. Betty Vanderburgh, 2720 Culbertson Street, Paris, Texas, spoke in opposition of the petition. Mrs. Vanderburgh stated she purchased her home in 1976 and has seen lots of property owners come and go. Mrs. Vanderburgh stated she can see all the way down to collegiate from her house. Mrs. Vanderburgh further stated that they have a very nice and clean neighborhood and hopes the board will deny the request. Michael & Nita Bankston, they have a house at 2520 Culbertson Street, Paris, Texas, spoke in opposition of the petition. Mrs. Bankston stated that everyone knows Collegiate is a very busy street. Mrs. Bankston also stated that she had done some research and found where Mrs. Reaper is running a business in her home. Mrs. Bankston stated further stated we do not need business in our residential neighborhood. Mr. Bankston stated this is a residential area where she is basically building a covered parking lot for her business. Both Mr. & Mrs. Bankston stated they hope the board denies the application. (Ashley Fendley, City Staff stated that Mrs. Reaper has a Home Occupation for 2780 Culbertson Street for her business) Barry Halcomb, 2765 Culbertson Street Paris, Texas, spoke in opposition of the petition. Mr. Halcomb stated that they have an extremely nice neighborhood and allowing Mrs. Reaper to install this carport it would be an eye sore. Cynthia Rhodes, 2760 Culbertson Street Paris, Texas, spoke in opposition of the petition. Mrs. Rhodes stated she lives next door to Mrs. Reaper. Mrs. Rhodes stated they have lived at 2760 Culbertson Street for 17 years and are always welcoming to new neighbors. Mrs. Rhodes stated when Mrs. Reaper moved in back in 2014 she was aware of Collegiate being a busy street but they bought the property anyway. Mrs. Rhodes stated that when she greeted Mrs. Reaper right after they moved in she informed her that they were planning on making a parking lot in their front yard for her business. Mrs. Rhodes further stated that in 2015 they contacted the City when they started to move forward with the parking lot. The City came out and told them they could not stop Mrs. Reaper from installing a two car driveway. Mrs. Rhodes further stated since yesterday when the petition with the 24 signatures was turned in they had added 3 more making it a total of 27 signatures and 22 of them where home owners within 200 feet of the property. Mrs. Rhodes then explained to the board that their neighborhood was made up of young generation to older generation. Mrs. Rhodes further stated that they have created a wonderful neighborhood and approving this variance would be a mistake. Mrs. Rhodes stated she understands the board is being put in a hard position and hopes they choose to deny the request. Public hearing was declared closed. Motion was made by Jerry Harting, seconded by Louise Hagood to deny the variance request. Motion carried 4 -1, with Chris Fitzgerald in opposition. 9. Meeting adjourned at 1:46 p.m. APPROVED THE 28TH DAY OF FEBRUAI