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06 - Board MinutesItem No. 6 Board of Adjustment Meeting August 1, 2023 Page 1 MINUTES OF THE BOARD OF ADJUSTMENT MEETING OF THE CITY OF PARIS, TEXAS AUGUST 1, 2023 The Board of Adjustment of the City of Paris met for a regular session at 12 p.m. on August 1, 2023, at the City of Paris- City Hall, Council Chambers located at 107 E Kaufman St. Present: Board Members: David Hamilton, Alix Putnam, Lydia Fitzgerald, Carlton Cooper and Ben Vaughan. Alternate Member: Larry Walker, dismissed due to full quorum. City Representatives: Andrew Mack, Robert Vine, Duke McGee, Stephanie Harris, Mayor Reginald Hughes and Mayor Pro Tem Mihir Pankaj, Absent: Board Members: None 1. The Board of Adjustment meeting was called to order by David Hamilton at 12:01 p.m. 2. Approval of minutes from previous meeting. (July S, 2023) Motion was made by Alix Putnam, seconded by Ben Vaughan to approve minutes for the July 5, 2023 meeting. Motion carried 5 ayes — 0 nays. 3. Public hearing to consider and take action on the petition of James Martinez of Discover Billboards, on behalf of Chad Gabeline, regarding a variance to the City of Paris Sign Ordinance, Section 4.10.006(d) (7) on Lots 6, 7 & 10, City Block 297, being located at 1840 NW Loop 286. Andrew Mack, Director of Planning & Zoning, presented the case to the board. Duke McGee, Building Official, informed the board that the applicant has since submitted an engineered plan to the office for review. David Hamilton opened the public hearing. James Martinez, applicant, of 820 SE 47th Street, informed the board that a dig test will be performed to avoid any utilities and the minimum distance to any power lines will be met. No one else spoke in favor or opposition of the request. Public hearing was declared closed. Staff member Paige Unger made note that there were no input forms submitted. Board of Adjustment Meeting August 1, 2023 Page 2 There was discussion amongst the board and staff about the existing legal non -conforming residences in the industrial zoning. Motion was made by David Hamilton, seconded by Ben Vaughan to approve the variance to the City of Paris Sign Ordinance, Section 4.10.006(d)(7) to allow construction of a new billboard based on the following board conditions and findings. Motion carried 5 ayes- 0 nays. Board Recommended Conditions 1. The billboard applicant shall be required to provide all required structural plans and specified location for prior review and approval by the Building official to issuance of a sign permit. 2. There shall be no direct source of illumination visible from the adjoining residence. Board Recommended Findings 1. The request for variance is in harmony with the general purposes and intent of site improvement regulations contained in the Sign Code and Zoning Ordinance 1710 Exhibit 9B if proper lighting shielding will be provided which will protect the character of the immediate residential vicinity of the area. 2. The approval of the variance for buffering distance to the residence will allow approval of the billboard sign which will be oriented to the Loop Highway and not the residential street. 3. There are special and unique condition(s) of the existing lot which involves a street frontage onto the Loop Highway and not the residential street. There are also 3 -phased electrical transmission wires which limit the placement on the site in proximity to the Loop Highway and make it impractical to locate the sign further away from the residences. 4. The site redevelopment considerations are unique and not applicable to all other existing parcels of land in the LI Zoning District along the Loop Highway. Including the fact that the residences are located in the LI District which is an improper land use in the district. This causes unique, unusual and practical difficulty for the proposed placement of the billboard on the property. 5. The hardship sought to be avoided is the result of (a) the applicant's own actions (self-imposed or self-created), but the existing site configuration in relation to the adjoining residential property supports the need for deviation to the minimum spacing standard in support of approval. 6. The provision of the ordinance regulation that are sought to be varied, deprive the applicant of reasonable rights to use the property that are commonly enjoyed by other properties in the LI Zoning District. 4. Public hearing to consider and take action on the petition of James Martinez of Discover Billboards regarding a variance to the City of Paris Sign Ordinance, Section 4.10.006(g) on Lot N Pt of 8, City Block 316, being located at 3320 NE Loop 286. Andrew Mack, Director of Planning & Zoning, presented the case to the board. Board of Adjustment Meeting August 1, 2023 Page 3 David Hamilton opened the public hearing. James Martinez, applicant, of 820 SE 47h Street, stated that even when he obtains City approval he has to send the application to the State for their approval. Mr. Martinez continued that though the sign is electric, it will be controlled by the State on how bright it is and how frequently it changes. Mihir Pankaj, of 3055 Oak Creek Drive, spoke in favor of the request. No one else spoke in favor or opposition of the request. Public hearing was declared closed. Staff member Paige Unger made note that there were no input forms were submitted. Motion was made by Carlton Cooper, seconded by Lydia Fitzgerald to approve the variance to the City of Paris Sign Ordinance, Section 4.10.006(g) to allow major repair of an existing legal, non -conforming billboard based on the following board condition and findings. Motion carried 5 ayes- 0 nays. Board Recommended Condition 1. The billboard applicant shall be required to provide all required structural plans for prior review and approval by the Building official to issuance of a sign permit. Board Recommended Findin ` s The request for variance is in harmony with the general purposes and intent of site improvement regulations contained in the Sign Code and Zoning Ordinance 1710 Exhibit 9B and will be in keeping with the general character of the immediate vicinity of the area. 2. The approval of the variance for Major Repair will allow an industry standard upgrade approval of the legal non -conforming billboard sign which has been in existence prior to updating of the billboard sign regulations adopted after construction in 2008. 3. There are special and unique condition(s) of the existing billboard structure which involves the ability to make on-going repairs to the existing electrical billboard sign. It is also the only like sign of its type anywhere else in the city. 4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self- imposed or self-created), but rather the existing billboard technology support for on-going maintenance support. 5. The provision of the ordinance regulation that are sought to be varied, deprive the applicant of reasonable rights to use the property that are commonly enjoyed by other properties where billboards are normally permitted. Board of Adjustment Meeting August 1, 2023 Page 4 S. Adjournment. APPROVED THE 5TH DAY OF SEPTEMBER, 2023.