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HomeMy WebLinkAbout2019-03-14 - BOA Meeting Minutes MINUTES City of Stephenville Board of Adjustment Thursday, March 14, 2019 at 4:00 PM The Board of Adjustment of the City of Stephenville, Texas, convened on Thursday, March 14, 2019, at 4:00 PM, in the Council Chambers at City Hall, 298 West Washington Street, for the purpose of a Regular Business Meeting, with the meeting being open to the public and notice of said meeting, giving the date, time, place and subject thereof, having been posted as prescribed by Chapter 551, Government Code, Vernon's Texas Codes Annotated, with the following members present, to wit: COMMISSION PRESENT: Council Member Ricky Thurman Board Member Janet Cole Board Member Devan Hanson Alternate 3 Cecila Willett COMMISSION ABSENT: Chairman Moumin Quazi Board Member Robert Nimmo OTHERS ATTENDING: Jeremy Allen, Deputy City Administrator Karen Wilkerson, Executive Assistant I. CALL TO ORDER Ricky Thurman called the meeting to order at 4:05 p.m. II. PUBLIC HEARING 1. Case No: V2019-001: Applicant, Jack Graham, is requesting an approximately 10 ft. Variance from the 25 ft. intersecting side street setback requirement, in order to construct a building to within approximately 15 feet from the property line in an R-1 zoned district, located at 142 Crenshaw, being Lot 3, Block 16, of the Golf Country Estates II Addition to the City of Stephenville, Erath County, Texas. Jeremy Allen, Deputy City Manager, addressed the board regarding Case No. V2019-001 stating that the staff has no objection to the applicant requesting an approximately 10ft. Variance form the 25ft. setback. There is currently a 15ft. Utility Easement. The applicant would need to maintain the visibility triangle at the corner of the lot. Ricky Thurman opened the public hearing at 4:09 p.m. Those in favor of Case No.: V2019-001: Applicant, Jack Graham, addressed the commission stating that they are wanting the variance in order to put a dwelling on this property. Those not if fave of Case No.: V2019-001: There were none. Ricky Thurman closed the public hearing at 4:10 p.m. Devan made the motion to approve V2019-001. Cecilia seconds that motion. Motion carried unanimously. 2. Case No.: SE-2019-002: Applicant Lamar Outdoor Advertising, is requesting a special exception under section 12-11 to allow for a digital billboard to be constructed off- premises at 2620 W. Washington, Stephenville, TX. Jeremy Allen addressed the board stating this case was originally heard February 14, 2019. The decision was postponed until the information given by the applicant could be considered. The staff has no objection to the applicant requesting a special exception under section 12- 11 to allow for a billboard to be constructed off-premises at 2620 West Washington, Stephenville, TX. The sign proposed is a digital 23 ft. W X 11 ft. H on both sides. In considering whether to grant a special exception from the regulations specified in 154.12-11 Prohibited Signs, the Board of Adjustment shall consider the following factors: a. The effect on public health, safety, and welfare of the citizens; b. The effect on the value of the surrounding property; c. The potential for interference with the enjoyment and/or use of surrounding properties; d. Aesthetics; e. The necessity of the special exception for the public health, safety, and welfare of the citizens, or for governmental purposes; and f. The zoning district and the adjoining zoning districts of the property for which the special exception is sought. The construction of new permanent off-premises signs shall be prohibited in any zoning district or the extraterritorial jurisdiction without a special exception. The existing, nonconforming permanent off-premises signs in the city or its extraterritorial jurisdiction that are adjacent to interstate highways and federal-aid primary highways, as those terms are defined in the Highway Beautification Act, are subject to the regulations in this section. All Texas Department of Transportation regulations for permanent off-premises signs shall apply in addition to the requirements of this chapter. Ricky Thurman opened the public hearing at 4:12 p.m. Those in favor of Case No.: SE-2019-002: VW Stephens addressed the board stating that he had already discussed this at the last illboards on Washington. The businesses were all in approval of this billboard. I am asking again for this billboard. I would like for you to approve some of these billboard cases discussed tonight. Tommy Roberts with Lamar addressed the board stating that he just wanted to touch on City Of Stephenville Page 2 of 18 Board of Adjustment - 14 Mar 2019 afew things and these are commercially zoned. The city sent out notices within a 200-mile radius and had no objection to this, but had some businesses in support of the billboards. Right now, I am the only billboard owner that has been denied in the room. This location has nobody speak against having a billboard at this location. I would ask that you will go with the will of the neighborhood and approve this billboard. I know that the city council wants to bring the sign ordinance back into a review, but I you from voting for this billboard. Those not in favor of Case No.: SE-2019-002: None Ricky Thurman closed the public hearing at 4:21 p.m. Janet made a motion to approve case no SE-2019-002. Cecilia seconds that motion. Devan said that before we vote on this, the sign you are regarding to is a 4x8 sign, so we gton Motion failed with Janet and Cecilia voting for the case and Ricky and Devan voting against the case. 3. Case No.: SE-2019-001: Applicant Lamar Outdoor Advertising, is requesting a special exception under section 12-11 to allow for a static billboard to be constructed off-premises at 2025 E. Washington, Stephenville, TX. Jeremy addressed the council regarding SE-2019-001 stating that the staff has no objection to the applicant requesting a special exception under section 12-11 to allow for a static billboard to be constructed off-premises at 2025 E. Washington, Stephenville, TX. The sign proposed is a static back to back 23 ft. W X 11 ft. H. In considering whether to grant a special exception from the regulations specified in 154.12-11 Prohibited Signs, the Board of Adjustment shall consider the following factors: a. The effect on public health, safety, and welfare of the citizens; b. The effect on the value of the surrounding property; c. The potential for interference with the enjoyment and/or use of surrounding properties; d. Aesthetics; e. The necessity of the special exception for the public health, safety, and welfare of the citizens, or for governmental purposes; and f. The zoning district and the adjoining zoning districts of the property for which the special exception is sought. The construction of new permanent off-premises signs shall be prohibited in any zoning district or the extraterritorial jurisdiction without a special exception. The existing, nonconforming permanent off-premises signs in the city or its extraterritorial jurisdiction that are adjacent to interstate highways and federal-aid primary highways, as those terms are defined in the Highway Beautification Act, are subject to the regulations in this section. All Texas Department of Transportation regulations for permanent off-premises City Of Stephenville Page 3 of 18 Board of Adjustment - 14 Mar 2019 signs shall apply in addition to the requirements of this chapter. Ricky Thurman opened the public hearing at 4:25 p.m. Those in favor of Case No.: SE-2019-001: TXDOT. We need the height for the amount of blockage and wanted to get a little more visibility. We ask for your approval on this application; this is a static sign. Those not in favor of Case No.: SE-2019-001: None Ricky Thurman closed the public hearing at 4:27 p.m. Devan made a motion to approve Case No SE2019-001 with the additional 7 1/2 feet in height. Janet seconds that motion. Motion carried unanimously. 4. Case No.: SE-2019-005: Applicant Arrington Outdoor Advertising, L.P. is requesting a special exception under section 12-11 to allow for a digital billboard to be constructed off-premises at 2106 West Washington, Stephenville, TX. Jeremy addressed the board regarding SE-2019-005 stating that the staff has no objection to the applicant requesting a special exception under section 12-11 to allow for a billboard to be constructed off-premises at 2106 West Washington, Stephenville, TX. The sign proposed is a digital 30 ft. W X 10 ft. H on both sides. In considering whether to grant a special exception from the regulations specified in 154.12-11 Prohibited Signs, the Board of Adjustment shall consider the following factors: a. The effect on public health, safety, and welfare of the citizens; b. The effect on the value of the surrounding property; c. The potential for interference with the enjoyment and/or use of surrounding properties; d. Aesthetics; e. The necessity of the special exception for the public health, safety, and welfare of the citizens, or for governmental purposes; and f. The zoning district and the adjoining zoning districts of the property for which the special exception is sought. The construction of new permanent off-premises signs shall be prohibited in any zoning district or the extraterritorial jurisdiction without a special exception. The existing, nonconforming permanent off-premises signs in the city or its extraterritorial jurisdiction that are adjacent to interstate highways and federal-aid primary highways, as those terms are defined in the Highway Beautification Act, are subject to the regulations in this section. All Texas Department of Transportation regulations for permanent off-premises signs shall apply in addition to the requirements of this chapter. In granting special exceptions under this section, the Board of Adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, City Of Stephenville Page 4 of 18 Board of Adjustment - 14 Mar 2019 safety, and general welfare. Ricky Thurman opened the public hearing at 4:30 p.m. Those in favor of Case No.: SE-2019-005: Mr. Weems addressed the board and if everything on Washington Street is off limits for billboards, I guess I am wondering why based on your ordinance. There are studies that we have and that you have seen stating that digital billboards do not cause a distraction to drivers. If your eyes are distracted for more than two (2) minutes then you will have problems; regardless. This billboard will not block any business. The digital billboard for this location is in line with the sign ordinance that is in place. The elevation is to be determined, we will have to be specific on the height, the ordinance states 30 feet, so anything over that would need to be approved. Ricky said that did you look at that information regarding the digital billboards and it stated that it is very flawed. Mr. Weems sai shows a flaw. Devan said that he would like for you to explain because the ordinance says regarding community). Cecilia asked why this location. Mr. Weems said that he felt that it was a good location and it could help that empty shopping center; just a benefit to the community in my opinion. Janet asked what is the height that you want? Mr. Weems said that just approve 42 1/2 feet. Those not in favor of Case No.: SE-2019-005: Attached letter received by Vernell Crow was read to the board by Ricky Thurman stating that there is concern about the traffic hazard it may cause. Ricky Thurman closed the public hearing at 4:42 p.m. Devan made a motion to deny case no SE-2019-005. Janet seconds that motion. Motion carried unanimously. Crow, Vernell Re-Case No SE-2019-005 Letter Opposing 5. Case No.: SE-2019-006: Applicant Joseph Borges is requesting a special exception under section 12-11 to allow for a dual face, digital/static billboard to be constructed off-premises at 1111 N. Graham St, Stephenville, TX. Jeremy Allen addressed the board regarding SE-2019-006 stating that the staff has no objection to the applicant requesting a special exception under section 12-11 to allow for a billboard to be constructed off-premises at 1111 N. Graham St., Stephenville, TX. The sign proposed is a digital/static billboard 20 ft. W X 10 ft. H. As you face North you will be seeing the digital Billboard. The static billboard face will be on the North side and you will see the face as you move South. In considering whether to grant a special exception from the regulations specified in 154.12-11 Prohibited Signs, the Board of Adjustment shall consider the following factors: a. The effect on public health, safety, and welfare of the citizens; b. The effect on the value of the surrounding property; City Of Stephenville Page 5 of 18 Board of Adjustment - 14 Mar 2019 c.The potential for interference with the enjoyment and/or use of surrounding properties; d. Aesthetics; e. The necessity of the special exception for the public health, safety, and welfare of the citizens, or for governmental purposes; and f. The zoning district and the adjoining zoning districts of the property for which the special exception is sought. The construction of new permanent off-premises signs shall be prohibited in any zoning district or the extraterritorial jurisdiction without a special exception. The existing, nonconforming permanent off-premises signs in the city or its extraterritorial jurisdiction that are adjacent to interstate highways and federal- aid primary highways, as those terms are defined in the Highway Beautification Act, are subject to the regulations in this section. All Texas Department of Transportation regulations for permanent off-premises signs shall apply in addition to the requirements of this chapter. In granting special exceptions under this section, the Board of Adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare. Janet asked about the dual face. Mr. Burgess said that one will digital and one static. Devan asked why the two different kinds of sides. I want to put an application in for both depending on the sale of the property. Cecilia asked how this will interfere with the railroad track. Mr. Burgess stated that there is a set back from the railroad track and we will have to meet that before the placement of the sign. Jeremy addressed the board stating that we are talking about 1111 N. Graham and then the other will be a separate case. Ricky Thurman opened the public hearing at 4:50 p.m. Those in favor of Case No.: SE-2019-006: traffics count at this location will 7000 per the report by the State of Texas. Both sides are over 100 feet away from an intersection. Janet asked about the height. Mr. Burgess said that it will be 10x20 and 30 feet in height. Tommy said that per TXDOT would permit these signs, however, 2 digital signs cannot be 1500 feet facing each other. Those not in favor of Case No.: SE-2019-006: None Ricky Thurman closed the public hearing at 4:53 p.m. City Of Stephenville Page 6 of 18 Board of Adjustment - 14 Mar 2019 Devan made a motion to deny SE-2019-006, Janet seconds that motion. Motion carried unanimously. 6. Case No.: SE-2019-013: Applicant Joseph Borges is requesting a special exception under section 12-11 to allow for a dual face, digital/static billboard to be constructed off-premises at 1020 N. Graham Street, Stephenville, TX. Jeremy Allen addressed the board regarding SE-2019-013 stating that the staff has no objection to the applicant requesting a special exception under section 12-11 to allow for a billboard to be constructed off-premises at 1020 N. Graham St., Stephenville, TX. The sign proposed is a digital/static billboard 20 ft. W X 10 ft. H. As you face North you will be seeing the digital Billboard. The static billboard face will be on the North side and you will see the face as you move South. In considering whether to grant a special exception from the regulations specified in 154.12-11 Prohibited Signs, the Board of Adjustment shall consider the following factors: a. The effect on public health, safety, and welfare of the citizens; b. The effect on the value of the surrounding property; c. The potential for interference with the enjoyment and/or use of surrounding properties; d. Aesthetics; e. The necessity of the special exception for the public health, safety, and welfare of the citizens, or for governmental purposes; and f. The zoning district and the adjoining zoning districts of the property for which the special exception is sought. The construction of new permanent off-premises signs shall be prohibited in any zoning district or the extraterritorial jurisdiction without a special exception. The existing, nonconforming permanent off-premises signs in the city or its extraterritorial jurisdiction that are adjacent to interstate highways and federal-aid primary highways, as those terms are defined in the Highway Beautification Act, are subject to the regulations in this section. All Texas Department of Transportation regulations for permanent off-premises signs shall apply in addition to the requirements of this chapter. In granting special exceptions under this section, the Board of Adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety, and general welfare. Ricky Thurman opened the public hearing at 4:55 p.m. Those in favor of Case No.: SE-2019-013: There were none. Those not in favor of Case No.: SE-2019-013 There were none. City Of Stephenville Page 7 of 18 Board of Adjustment - 14 Mar 2019 Ricky Thurman closed the public hearing at 4:55 p.m. Janet made a motion to approve SE-2019-013. Cecilia seconds that motion. Devan said why if you deny the last case why approve this one. Janet said that I know the area and I think that it would be pleasing. Janet and Cecila voting for SE-2019-013. Devan and Ricky voting against SE-2019-013. Motion failed. 7. Case No.: SE-2019-007: Applicant Joseph Borges is requesting a special exception under section 12-11 to allow for a static billboard to be constructed off- premises at 616 East Road, Stephenville, TX. Jeremy Allen addressed the board regarding SE-2019-007 stating that the Staff has no objection to the applicant requesting a special exception under section 12-11 to allow for a billboard to be constructed off-premises at 616 East Road, Stephenville, TX. The sign proposed is a static back-to-back billboard 20 ft. W X 10 ft. H. In considering whether to grant a special exception from the regulations specified in 154.12-11 Prohibited Signs, the Board of Adjustment shall consider the following factors: a. The effect on public health, safety, and welfare of the citizens; b. The effect on the value of the surrounding property; c. The potential for interference with the enjoyment and/or use of surrounding properties; d. Aesthetics; e. The necessity of the special exception for the public health, safety, and welfare of the citizens, or for governmental purposes; and f. The zoning district and the adjoining zoning districts of the property for which the special exception is sought. The construction of new permanent off-premises signs shall be prohibited in any zoning district or the extraterritorial jurisdiction without a special exception. The existing, nonconforming permanent off-premises signs in the city or its extraterritorial jurisdiction that are adjacent to interstate highways and federal-aid primary highways, as those terms are defined in the Highway Beautification Act, are subject to the regulations in this section. All Texas Department of Transportation regulations for permanent off-premises signs shall apply in addition to the requirements of this chapter. In granting special exceptions under this section, the Board of Adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety, and general welfare. Mr. Burgess said that the sign will be 10x20 with a 30 ft height. Ricky Thurman opened the public hearing at 4:58 p.m. Those in favor of Case No.: SE-2019-007: City Of Stephenville Page 8 of 18 Board of Adjustment - 14 Mar 2019 None Those not in favor of Case No.: SE-2019-007: Faron Danley said that my wife owns property on either side and resident there and we with what will be on the sign. 625 E Road is an old business used for storage and 614 E Road is a resident that my son lives in with the grandkids. Janet said that you are aware that there is an ordinance about what can be put on the billboard. Jeremy said that the city cannot regulate that, so it is not in our ordinance, but may be in the billboard companies agreement. Randy Huston said that he owns the property behind where the sign is suppose to go, we have 19 acres and we just do not want the sign there. Mr. Burgess stated that there would be no alcohol or sexually advertisement on the billboards. The attached letter was received from John Matt Allen and was read to the board. Ricky Thurman closed the public hearing at 5:03 p.m. Janet made a motion to deny SE-2019-007. Cecila seconds that motion. Devan and Ricky voting for SE-2019-007. Motion failed. Allen, John Matt Re-Case NO. SE-2019-007 Letter Opposing 8. Case No.: SE-2019-008: Applicant Joseph Borges is requesting a special exception under section 12-11 to allow for a static billboard to be constructed off-premises at 1359 W. South Loop, Stephenville, TX. Jeremy Allen addressed the board regarding SE-2019-008 stating that the staff has no objection to the applicant requesting a special exception under section 12-11 to allow for a billboard to be constructed off-premises at 1359 W. South Loop, Stephenville, TX. The sign proposed is a static back-to-back billboard 20 ft. W X 10 ft. H. In considering whether to grant a special exception from the regulations specified in 154.12-11 Prohibited Signs, the Board of Adjustment shall consider the following factors: a. The effect on public health, safety, and welfare of the citizens; b. The effect on the value of the surrounding property; c. The potential for interference with the enjoyment and/or use of surrounding properties; d. Aesthetics; e. The necessity of the special exception for the public health, safety, and welfare of the citizens, or for governmental purposes; and f. The zoning district and the adjoining zoning districts of the property for which the special exception is sought. The construction of new permanent off-premises signs shall be prohibited in any zoning City Of Stephenville Page 9 of 18 Board of Adjustment - 14 Mar 2019 districtor the extraterritorial jurisdiction without a special exception. The existing, nonconforming permanent off-premises signs in the city or its extraterritorial jurisdiction that are adjacent to interstate highways and federal-aid primary highways, as those terms are defined in the Highway Beautification Act, are subject to the regulations in this section. All Texas Department of Transportation regulations for permanent off-premises signs shall apply in addition to the requirements of this chapter. In granting special exceptions under this section, the Board of Adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety, and general welfare. Ricky Thurman opened the public hearing at 5:07 p.m. Those in favor of Case No.: SE-2019-008: Static back to back Those not in favor of Case No.: SE-2019-008: Jill Tanner, owner of Southern Honey, we have done improvements over the years and I feel that this billboard would hurt our business. We also recently have a snowcone stand come in due to the visibility from both sides and I would hate to see this hurt their business. Melissa Koonsman, license massage therapist and I represent Holland Chiropractor, and we feel that this sign would be unsightly, block the view, and hender our own advertisement. Travis Truss stated that he is worried about property value and I oppose this sign. Ricky Thurman closed the public hearing at 5:11 p.m. Devan made a motion to approve SE-2019-008. Motion failed due to a lack of second. Janet made a motion to deny SE-2019-008. Ricky seconds that motion. Three voting to deny SE-2019-008 (Janet, Ricky, and Cecila) and One voting to approve SE- 2019-008 (Devan). Motion failed. 9. Case No.: SE-2019-009: Applicant Joseph Borges is requesting a special exception under section 12-11 to allow for a static billboard to be constructed off- premises at 2517 E. Washington St, Stephenville, TX. Jeremy Allen addressed the board regarding SE-2019-009 stating that the staff has no objection to the applicant requesting a special exception under section 12-11 to allow for a billboard to be constructed off-premises at 2517 E. Washington St, Stephenville, TX. The sign proposed is a static back-to-back billboard 20 ft. W X 10 ft. H. In considering whether to grant a special exception from the regulations specified in 154.12-11 Prohibited Signs, the Board of Adjustment shall consider the following factors: City Of Stephenville Page 10 of 18 Board of Adjustment - 14 Mar 2019 a.The effect on public health, safety, and welfare of thecitizens; b. The effect on the value of the surrounding property; c. The potential for interference with the enjoyment and/or use of surrounding properties; d. Aesthetics; e. The necessity of the special exception for the public health, safety, and welfare of the citizens, or for governmental purposes; and f. The zoning district and the adjoining zoning districts of the property for which the special exception is sought. The construction of new permanent off-premises signs shall be prohibited in any zoning district or the extraterritorial jurisdiction without a special exception. The existing, nonconforming permanent off-premises signs in the city or its extraterritorial jurisdiction that are adjacent to interstate highways and federal-aid primary highways, as those terms are defined in the Highway Beautification Act, are subject to the regulations in this section. All Texas Department of Transportation regulations for permanent off-premises signs shall apply in addition to the requirements of this chapter. In granting special exceptions under this section, the Board of Adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety, and general welfare. Ricky Thurman opened the public hearing at 5:11 p.m. Those in favor of Case No.: SE-2019-009: There were none. Those not in favor of Case No.: SE-2019-009: There were none. Ricky Thurman closed the public hearing at 5:14 p.m. Janet asked what side of the street it is. Mr. Burgess said the north sides of Washington. Devan made a motion to approve SE-2019-009. Cecila seconds that motion. Motion carried unanimously. 10. Case No.: SE-2019-010: Applicant Joseph Borges is requesting a special exception under section 12-11 to allow for a static billboard to be constructed off-premises at 928 Lingleville Hwy, Stephenville, TX. Jeremy Allen addressed the board regarding SE-2019-010 stating that the staff has no objection to the applicant requesting a special exception under section 12-11 to allow for a billboard to be constructed off-premises at 928 Lingleville Hwy, Stephenville, TX. The City Of Stephenville Page 11 of 18 Board of Adjustment - 14 Mar 2019 signproposed is a static back-to-back billboard 20 ft. W X 10 ft. H. In considering whether to grant a special exception from the regulations specified in 154.12-11 Prohibited Signs, the Board of Adjustment shall consider the following factors: a. The effect on public health, safety, and welfare of the citizens; b. The effect on the value of the surrounding property; c. The potential for interference with the enjoyment and/or use of surrounding properties; d. Aesthetics; e. The necessity of the special exception for the public health, safety, and welfare of the citizens, or for governmental purposes; and f. The zoning district and the adjoining zoning districts of the property for which the special exception is sought. The construction of new permanent off-premises signs shall be prohibited in any zoning district or the extraterritorial jurisdiction without a special exception. The existing, nonconforming permanent off-premises signs in the city or its extraterritorial jurisdiction that are adjacent to interstate highways and federal-aid primary highways, as those terms are defined in the Highway Beautification Act, are subject to the regulations in this section. All Texas Department of Transportation regulations for permanent off-premises signs shall apply in addition to the requirements of this chapter. In granting special exceptions under this section, the Board of Adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety, and general welfare. Ricky Thurman opened the public hearing at 5:16 p.m. Those in favor of Case No.: SE-2019-010: Static back to back 10x20 30 ft sign. Ricky asked about placement. Burgess said on the East side. Janet asked how far back from the street. Burgess said 15 ft behind the power line. Those not in favor of Case No.: SE-2019-010: There were none. Ricky Thurman closed the public hearing at 5:17 p.m. Devan made a motion to approve SE-2019-010. Janet seconds that motion. Motion carried unanimously. 11. Case No.: SE-2019-011: Applicant Joseph Borges is requesting a special exception under section 12-11 to allow for a static billboard to be constructed off-premises at 1755 W. South Loop, Stephenville, TX. Jeremy Allen addressed the board regarding SE-2019-001 stating that the staff has no objection to the applicant requesting a special exception under section 12-11 to allow for City Of Stephenville Page 12 of 18 Board of Adjustment - 14 Mar 2019 a billboard to be constructed off-premises at 1755 W. South Loop, Stephenville, TX. The sign proposed is a static back-to-back billboard 20 ft. W X 10 ft. H. In considering whether to grant a special exception from the regulations specified in 154.12-11 Prohibited Signs, the Board of Adjustment shall consider the following factors: a. The effect on public health, safety, and welfare of the citizens; b. The effect on the value of the surrounding property; c. The potential for interference with the enjoyment and/or use of surrounding properties; d. Aesthetics; e. The necessity of the special exception for the public health, safety, and welfare of the citizens, or for governmental purposes; and f. The zoning district and the adjoining zoning districts of the property for which the special exception is sought. The construction of new permanent off-premises signs shall be prohibited in any zoning district or the extraterritorial jurisdiction without a special exception. The existing, nonconforming permanent off-premises signs in the city or its extraterritorial jurisdiction that are adjacent to interstate highways and federal-aid primary highways, as those terms are defined in the Highway Beautification Act, are subject to the regulations in this section. All Texas Department of Transportation regulations for permanent off-premises signs shall apply in addition to the requirements of this chapter. In granting special exceptions under this section, the Board of Adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety, and general welfare. Mr. Borgess said that if it were 35 foot we could do a double-sided sign, but we would need a special exception for the additional 5 feet and clear the other business sign. Ricky said that in your application you did not ask for the 35 feet and you asked for the single side sign? Mr. Burgess said that was correct, but if I can get 35 feet then I could do a back to back. Ricky Thurman opened the public hearing at 5:22 p.m. Those in favor of Case No.: SE-2019-001: There were none. Those not in favor of Case No.: SE-2019-001: Robert E. Smith, with Smith Supply, and a 10x20 sign will consume my little sign and we just put this sign up about six (6) months ago. A larger sign would block it and I e, I am not opposed to that. Ricky Thurman closed the public hearing at 5:23 p.m. City Of Stephenville Page 13 of 18 Board of Adjustment - 14 Mar 2019 Devan made a motion to approve with the additional 5 feet on SE-2019-011 and it clears Smith's sign. Janet seconds that motion. Motion carried unanimously. 12. Case No.: SE-2019-012: Applicant Joseph Borges is requesting a special exception under section 12-11 to allow for a dual face, digital/static billboard to be constructed off-premises at 601 E. South loop, Stephenville, TX. Jeremy Allen addressed the board regarding SE-2019-012 stating that the staff has no objection to the applicant requesting a special exception under section 12-11 to allow for a billboard to be constructed off-premises at 601 E. South Loop, Stephenville, TX. The sign proposed is a dual face digital/static billboard 20 ft. W X 10 ft. H. East Side is digital, see facing West. West Side is static, see facing East. In considering whether to grant a special exception from the regulations specified in 154.12-11 Prohibited Signs, the Board of Adjustment shall consider the following factors: a. The effect on public health, safety, and welfare of the citizens; b. The effect on the value of the surrounding property; c. The potential for interference with the enjoyment and/or use of surrounding properties; d. Aesthetics; e. The necessity of the special exception for the public health, safety, and welfare of the citizens, or for governmental purposes; and f. The zoning district and the adjoining zoning districts of the property for which the special exception is sought. The construction of new permanent off-premises signs shall be prohibited in any zoning district or the extraterritorial jurisdiction without a special exception. The existing, nonconforming permanent off-premises signs in the city or its extraterritorial jurisdiction that are adjacent to interstate highways and federal-aid primary highways, as those terms are defined in the Highway Beautification Act, are subject to the regulations in this section. All Texas Department of Transportation regulations for permanent off-premises signs shall apply in addition to the requirements of this chapter. In granting special exceptions under this section, the Board of Adjustment may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety, and general welfare. Ricky Thurman opened the public hearing at 5:25 p.m. Those in favor of Case No.: SE-2019-012: Mr. Borgess said that the neighbors I spoke with have no issue with the sign. I would like to put a digital and static. I would like to develop this area on the south loop. Those not in favor of Case No.: SE-2019-012: Jimmy Chew, 1406 Center Drive, address the board stating that we own the property next City Of Stephenville Page 14 of 18 Board of Adjustment - 14 Mar 2019 tothe sign and we do not approve. The visual effect, the 12 residence could be affected by the digital billboard, eliminate the yard area with the digital sign will affect the quality of life, it is not pleasing for the neighborhood, and it is not zoned for billboards and it does not meet the requirements for the special exceptions. Ricky Thurman closed the public hearing at 5:30 p.m. Janet made a motion to deny SE-2019-012. Cecila seconds that motion. Motion failed. Janet, Ricky, and Cecila voting to deny. Devan voting to approve. III. ADJOURN Ricky Thurman adjourned the meeting at 5:31 p.m. IV. Call to order buildings and standards commission Ricky Thurman called the meeting to order at 5:31 p.m. 1. Case No.: BSC-2019-001: 1. Consider an order declaring a possible dangerous building as defined in Chapter 151 of the City of Stephenville Code of Ordinances, owned by Ernest E. Daniel, and Mattie R. Daniel, located at 1290 Belknap, being Lots 3 & 4, Block 17, of the Frey First Addition to the City of Stephenville, Erath County, Texas. 2. Consideration of Orders to Issue. Jeremy Allen addressed the commission regarding BSC-2019-001 stating that the staff recommends Condemnation/Demolition for the property located at 1290 Belknap. The structure is 50 percent or more damaged, decayed and deteriorated from its original value or structure. An inspection/search was conducted at 1290 Belknap, being Lots 3 & 4, Block 17 of the Frey First Addition to the City of Stephenville, Erath County, Texas, on the 5th of February, 2019, at 10:20 a.m. following several initial inspections having taken place within the previous several months. The owner on record is Ernest E. Daniel, and Mattie R. Daniel, and their last known address is 1290 Belknap, Stephenville, TX. 76401. The inspection/search was conducted by a view of the exterior, with access inside of the structure deemed unsafe. The inspection team included Robert Turk, Building Official for the City of Stephenville, Donna Farrell, Code Enforcement Officer for the City of Stephenville, for the entirety of the inspection. The inspection team found numerous violations of the City of Stephenville Code of Ordinances, specifically, violations of the City's Building Code, Electrical Code, Plumbing Code, and the Dangerous Buildings and Structures Ordinance. The violations are described as follows: 1. BUILDING CODE - Failure of foundation system and structural members from exposure to the outside elements and fire. 2. ELECTRICAL CODE -Inadequate/damaged electrical system. 3. PLUMBING CODE - Inadequate/damaged plumbing system. 4.MECHANICAL SYSTEM -There is no HVAC system in the structure. City Of Stephenville Page 15 of 18 Board of Adjustment - 14 Mar 2019 5.DANGEROUSBUILDINGSANDSTRUCTURESORDINANCE-Thestructure,because offire damage, deterioration, and decay, is likely to partially or completely collapse, and in such condition to constitute a public nuisance known to the common law or in equity jurisprudence. 6. UNSIGHTLY PROPERTY ORDINANCE -Trash, litter, and debris. Jeremy stated that there is nobody to notify, as we have gone through that process. Ricky Thurman opened the public hearing at 5:35 p.m. In Favor: None In Opposition: None Ricky Thurman closed the public hearing at 5:35 p.m. Robert Turk, Building Official, addressed the commission regarding BSC-2019-001 stating that his recommendation is demolition. The structure is fifty (50) percent or more damaged, decayed and deteriorated from its original value or structure. Janet made a motion to approve BSC-2019-001 to condemn and demolish. Devan seconds that motion. Robert Turk said that you have to give thirty (30) notice day notice for anyone to come forward. Motion carried unanimously. V. ADJOURN Ricky Thurman adjourned the meeting at 5:37 p.m. Moumin Quazi, Chairperson City Of Stephenville Page 16 of 18 Board of Adjustment - 14 Mar 2019 Page 17 of 18 Page 18 of 18