Link

Social

Embed

Download

Download
Download Transcript

[00:00:01]

>>> FIRST ITEM IS THE PUBLIC COMMENT PERIOD TO ALLOW

[CALL TO ORDER]

PRESENTATION OF IDEAS AND AFFIRMATION. CITY OFFICIALS AND STAFF DOES NOT HAVE ANYTHING TO DO WITH THE CASES TODAY. ARE THERE ANY FOLKS, I WOULD LIKE TO OPEN PUBLIC COMMENT. ARE THERE ANY FOLKS THAT WOULD LIKE TO PROVIDE PUBLIC COMMENT TO CITY

OFFICIAL OR PERSONNEL? >> SEEING NONE, THE NEXT ITEM OF

[1. Minutes: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Approving the Minutes from the Regular Meeting Held on January 12, 2021]

BUSINESS IS APPROVAL OF THE MINUTES FROM THE PREVIOUS MEETING. HAS EVERYONE HAD A CHANCE TO LOOK THOSE OVER AND REVIEW THOSE? IF SO, I'LL ENTERTAIN A MOTION TO APPROVE.

>> SO MOVED. >> SECOND.

>> WE HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR SAY

AYE. >> AYE.

>> MINUTES APPROVED AS PRESENTED. BOARD OF ADJUSTMENT HAS FIVE MEMBERS, FOUR OF WHICH MUST BE PRESENT AT EACH MEETING FOUR FAVORABLE VOTES FOR CONSIDERATION. IF A SPECIAL EXCEPTION OF GRANTS IS GRANTED, THE APPLICANT HAS -- TO OBTAIN A BUILDING PERMIT IF REQUIRED A LONGER PERIOD OF TIME WILL BE CONSIDERED BY THE BOARD IF REQUESTED BY THE APPLICANT AT THIS MEETING. A BUILDING PERMIT MAY BE APPLIED FOR THE DAY THE REQUEST IS APPROVED AFTER THE MEETING IS AGENDER. IF THE REQUEST IS DENIED, IT MAY NOT BE RECONSIDERED BY THIS BOARD IN THE 12 MONTHS FROM THIS DATE. APPEALS FROM THE DECISIONS OF THIS BOARD MAY BE MADE TO THE DISTRICT COURT WITHIN TEN DAYS FROM THAT DATE. IF YOU DO INTEND TO COME FORWARD TODAY TO SPEAK ON WHAT HAVE OF ANY OF THE CASES ON THE AGENDA TODAY, I NEED TO SWEAR YOU IN. SO IF YOU WOULD, IF YOU PLAN ON COMING FORWARD, IF YOU WOULD RAISE YOUR RIGHT HAND. DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? OKAY. THANK YOU. NEW BUSINESS FIRST ITEM, ONLY ITEM TODAY IS

[2. BA-2021-02: Receive a Report and Hold a Discussion and Public Hearing on a request from owners Skinny’s INC., as well as Melody and Lyndell Cook, agent Berry Engineers, to seek a 7-foot variance from the minimum 15-foot exterior street-side setback required for a new commercial building on a site presently occupied by buildings at 1301 and 1357 South 14th Street. At the south west corner of Butternut and South 14th Streets, as well as the north 142.1 feet ofan adjacent lot at the southeast corner of Poplar and South 14th Streets (With only landscaping provided between the building and street-side property line).]

BA-2021-02, BA-2021-02. RECEIVE A REPORT AND HOLD A DISCUSSION AND PUBLIC HEARING ON A REQUEST FROM OWNERS SKINNY'S INC., AS WELL AS MELODY AND LYNDELL COOK, AGENT BERRY ENGINEERS, TO SEEK A 7-FOOT VARIANCE FROM THE MINIMUM 15-FOOT EXTERIOR STREET-SIDE SETBACK REQUIRED FOR A NEW COMMERCIAL BUILDING ON A SITE PRESENTLY OCCUPIED BY BUILDINGS AT 1301 AND 1357 SOUTH 14TH STREET. AT THE SOUTH WEST CORNER OF BUTTERNUT AND SOUTH 14TH STREETS, AS WELL AS THE NORTH 142.1 FEET OF AN ADJACENT LOT AT THE SOUTHEAST CORNER OF POPLAR AND SOUTH 14TH STREETS (WITH ONLY LANDSCAPING PROVIDED BETWEEN THE BUILDING AND STREET-SIDE PROPERTY LINE).

>> AT THIS POINT, WOULD THE STAFF PLEASE COME FORWARD AND

PRESENT THE CASE. >> THANK YOU, MR. CHAIRMAN. MY NAME IS BRADLEYLY STONE. I'M A PLANNER ON THE STAFF AT THE CITY OF ABILENE. I'M HERE TO DESCRIBE SOME OF THE FUNDAMENTAL FEATURES OF THIS SUBJECT PROPERTY. THE PROPOSED BUILDING PROJECT AND THE PROPONENTS REQUESTED VARIANCE. THE SUBJECT PROPERTY PRESENTLY CONSISTS OF TWO BUILDING SITES. ONE FOR WHAT WAS ORIGINALLY CONSTRUCTED AS A CONVENIENCE GROCERY AND THE OTHER TRACT IS ONE FOR WHAT IS NOW A SELF-SERVICE CAR WASH AT 1357 14TH STREET. BOTH THESE BUILDINGS ARE PLANNED TO BE DEMOLISHED AND THE TWO SEPARATE BUT ADJOINING TRACTS COMBINED INTO A SINGLE NEW LOT. THIS NEW LOT WILL HAVE FRONTAGE ON BOTH BUTTERNUT AND POPLAR STREETS AS WELL AS 282 FEET OF EXPOSURE ON THE RIGHT-OF-WAY FOR SOUTH 14TH STREET. ZONING REGULATIONS ORDINARILY REQUIRE A MINIMUM 30-FOOT BUILDING SETBACK FROM A LOT BOUNDARY ADJACENT TO SOUTH 14TH STREET. DUE TO THAT STREET'S CLASSIFICATION AS AN ARTERIAL. ONE BUILT IN EXCEPTION TO THIS 30-FOOT RULE IS AVAILABLE IN ALL COMMERCIAL ZONING DISTRICTS AND THAT ONE EXCEPTION, AGAIN, THIS IS BUILT

[00:05:01]

INTO THE ZONING REGULATIONS IS THAT IN A CIRCUMSTANCE WHERE ALL THE SPACE BETWEEN THE BUILDING WALL AND THE ARTERIAL STREET RIGHT-OF-WAY IS COVERED WITH LANDSCAPING. IN THAT CASE THE MINIMUM REQUIRED SETBACK IS NOT 30 FEET BUT 15 FEET. THE PROPONENTS PLAN TO CONSTRUCT AN APPROXIMATELY 9200 SQUARE FEET RETAIL BUILDING ON THE PROPERTY WHICH HAS BEEN CLEARED OF THE TWO BUILDINGS THAT YOU SEE ON THE AERIAL PHOTO. AGAIN, THE CONVENIENCE GROCERY AND CAR WASH WOULD BE DEMOLISHED. IN ITS PLACE IS PROPOSED TO BE A 9200 SQUARE FEET, APPROXIMATELY, RETAIL BUILDING. ALL THE DRAFT SITE PLANS THE PROPONENT SHARED WITH US OFF THIS PROPOSED BUILDING SHOW NOTHING BUT LANDSCAPING BETWEEN THE NORTH BUILDING WALL AND THE SOUTH LINE OF RIGHT-OF-WAY FOR SOUTH 14TH N THIS CIRCUMSTANCE, THE MINIMUM REQUIRED SETBACK IS 15 FEET INSTEAD OF 30 FEET.

THE PROPONENTS PLAN IS TO BUILD THEIR BUILDING WITHIN 8 FEET OF OR FROM THE NORTH LINE -- OR THE SOUTH LINE OF RIGHT-OF-WAY FOR SOUTH 14TH STREET. THEREFORE THEY ARE REQUESTING WITH THIS APPLICATION A 7-FOOT VARIANCE FROM THAT MINIMUM 15' SETBACK REQUIREMENT, WHICH IF APPROVED, WILL ALLOW THEM TO BUILD THE NEW RETAIL BUILDING WITHIN 8 FEET FROM THAT SOUTH LINE OF RIGHT-OF-WAY FOR SOUTH 14 14TH STREET. THE SUBJECT PROPERTY IS IN A HEAVY COMMERCIAL ZONING DISTRICT AS ARE PROPERTIES TO THE NORTH, SOUTH, EAST AND WEST. AGAIN, THE ORDINARY 30-FOOT BUILDING SETBACK STEMS FROM THE FACT THAT THAT NORTHBOUNDRY LIES ADJACENT TO AN ARTERIAL STREET. THAT SETBACK IS THE SAME IN ALMOST ALL COMMERCIAL ZONING DISTRICTS ALL OF THEM WHERE THE LOT BOUNDARY ADJOINS AN ARTERIAL STREET, THE ORDINARY SETBACK IS 30 FEET. THERE IS A USEFUL SITE PLAN OF THE PROPOSED BUILDING PROJECT. IT AGAIN SHOWS A 7-FOOT ENCROACHMENT INTO THAT 1E DOCK PATTERN THAT YOU SEE IS PROPOSED TO BE LANDSCAPED. AT LEAST WITH BRASS AND PERHAPS MORE. BUT BECAUSE OF THAT LANDSCAPING PLANNED BETWEEN THE NORTH BUILDING WALL AND THE SOUTH LINE OF RIGHT-OF-WAY FOR SOUTH 14TH STREET, THE ORDINARY 30-FOOT SETBACK IS REDUCED TO 15. IT IS, AGAIN, THAT MINIMUM SETBACK FROM WHICH THE PROPONENTS ARE SEEKING A VARIANCE. WE NOTIFIED ALL THE OWNERS OF PROPERTY WITHIN 200 FEET OF THE SUBJECT PROJECT AS WELL AS THE OWNERS OF THE SUBJECT PROPERTY ITSELF. WE RECEIVED ONLY ONE COMMENT FORM, THAT BEING IN FAVOR, AND THAT FROM BEING -- FROM ONE OF THE TWO PROPERTY OWNERS THAT PRESENTLY OWN THESE TWO TRACTS. IN THIS CASE, THE OWNERS OF THE SELF-SERVICE CAR WASH. HERE ARE SOME PHOTOS OF THE EXISTING -- OF THE SUBJECT PROPERTY IN IT'S EXITING STATE.

IT'S A CLOUDY DAY, PERHAPS WITH SOME RECENT RAINFALL. AND THE UPPER LEFT, WE SEE THE SELF-SERVICE CAR WASH. WE'RE LOOKING STRAIGHT EAST WITH SOUTH 14TH STREET BEING IN THE LEFT, WE'RE LOOKING STRAIGHT TOWARD THE DIXIE PIG RESTAURANT. ON THE UPPER RIGHT WE'RE LOOKING PRACTICALLY DUE WEST LOOKING AT WHAT WAS FORMERLY A CONVENIENCE GROCERY AND SELF-SERVICE CAR WASH IS BASICALLY HIDDEN BY THE CONVENIENCE GROCERY. LOWER LEFT WE SEE THE SELF-SERVICE CAR WASH AND IN THE LOWER RIGHT, WHERE AGAIN LOOKING MORE OR LESS STRAIGHT WEST ALONG SOUTH 14TH E REMNANTS OF WHAT USED TO BE A PUMP ISLAND CANOPY IN FRONT OF THE CONVENIENCE GROCERY. THAT, OF COURSE, ALSO WOULD BE

[00:10:02]

DEMOLISHED AND REMOVED WITH THIS PROPOSED BUILDING PROJECT.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU HAVE ABOUT THE FUNDAMENTAL NATURE OF THE SUBJECT PROPERTY AND PROPOSED BUILDING PROJECT ON IT AS WELL AS THE APPLICATION OF ORDINARY BUILDING SETBACK STANDARDS OF OUR ZONING REGULATIONS. THANK

YOU. >> I DO HAVE A QUESTION, IF YOU COULD GO BACK A FEW SLIDES TO THE CITY'S DEPICTION. THAT ONE IS FINE. IS THERE A REASON WHY THE NORTH PROPERTY LINE OF THESE TWO LOTS IS NOT DEPICTED TO BE CONTINUOUS? IT APPEARS THE LOT THE CAR WASH IS ON IS SETBACK A LITTLE FARTHER FROM 14TH THAN THE OLD CONVENIENCE STORE, BUT ON THE SITE PLAN, WHICH IS THE NEXT SLIDE, THE NORTH PROPERTY LINE IS DEPICTED AS A

CONTINUOUS. >> THE SITE PLAN SHOWS THE PROPERTY AS IT WILL BE FORMALLY AND OFFICIALLY REPLANTED. THE IMAGE WE'RE LOOKING AT NOW ARE THE TWO TRACTS OF LAND BEFORE

THE REPLAT. >> OKAY.

>> THE REPLAT WILL INCLUDE AN APPROXIMATELY 10-FOOT DEDICATION OF RIGHT-OF-WAY FOR SOUTH IS 14S STORE TRACT TO MAKE A CONSISTENTLY WIDE 80-FOOT WIDE RIGHT-OF-WAY IN THIS VICINITY.

WHEN THE PROPERTY PRESENTLY OCCUPIED BY THE CONVENIENCE GROCERY WAS ITSELF REPLATTED BACK IN THE EARLY '80 I BELIEVE, FOR WHATEVER REASON THE CITY DID NOT INSIST ON ANY ADDITIONAL DEDICATION OF RIGHT-OF-WAY. A FEWER YEARS LATER, WHEN A REPLAT WAS APPROVED FOR THE SELF-SERVICE CAR WASH, THAT ERROR WAS CORRECTED AND ADDITIONAL RIGHT-OF-WAY WAS DEDICATED FOR THE SELF-SERVICE CAR WASH. OR DEDICATED FOR SOUTH 14TH FROM THE SITE OF THE SELF-SERVICE CAR WASH.

>> THE CONTROLLING FACTOR IS THAT NORTH PROPERTY LINE OF THE

CAR WASH PROPERTY. >> YES. BUT BEFORE THEY CAN GET A BUILDING PERMIT, THEY HAVE TO GET A REPLAT. THE REPLAT WILL INCLUDE THIS 10-FOOT DEDICATION OF RIGHT-OF-WAY FROM THE SITE OF THE CONVENIENCE GROCERY. SOME OF YOU MAY RECALL THAT MORE THAN 40 YEARS AGO THIS WAS THE SITE OF THE FOREMOST DAIRY. AND THE TWO BUILDINGS THAT ARE OUT THERE NOW WERE THEMSELVES CONSTRUCTED OR REPLATTED FROM WHAT WAS ORIGINALLY THE SITE OF THAT

FOREMOST DAIRY. >> IF YOU COULD GO BACK ONE -- I THINK ONE OTHER SLIDE. THERE. THIS -- THE -- THE OWNERS IN THIS CASE IS SHOWN AS SKINNY'S. THIS SHOWS AT THE BOTTOM FAMILY DOLLAR. SO WAS THERE SOME MOVEMENT AS TO WHAT THIS PROPERTY WAS GOING TO BE? OR WHAT IT WAS GOING TO BE

UTILIZED FOR? >> BASICALLY IF THE VARIANCE IS APPROVED, THE SALE OF THIS PROPERTY FROM THE PRESENT OWNERS

TO FAMILY DOLLAR WILL OCCUR. >> FAMILY DOLLAR IS THE PROPOSED

MARK. >> YEAH. THE PROPONENTS ARE TECHNICALLY THE PRESENT OWNERS OF BOTH TRACTS. THEY HAVE DESIGNATED AT THEIR AGENT AND ENGINEER FOR WORKING FOR FAMILY DOLLAR. THE ENGINEER HAS BEEN WORKING CLOSELY WITH STAFF ON THIS SITE PLAN AND REPLAT I DESCRIBED TO THE CHAIRMAN. THE REPLAT HAS TO BE APPROVED BEFORE THE SITE PLAN CAN BE APPROVED.

AND THE SITE PLAN MUST BE APPROVED BEFORE THE BUILDING

PERMIT CAN BE APPROVED. >> OKAY. ANY OTHER QUESTIONS

FOR STAFF? >> I HAVE A COUPLE OF QUESTIONS ON THIS DIAGRAM, COULD YOU INDICATE WHERE THIS VARIANCE APPLIES, WHICH SIDE, JUST FOR CLARIFICATION?

>> ACTUALLY, THAT'S NOT OUR SITE PLAN.

>> WELL, THIS IS ONE OF SEVERAL THAT'S BEEN SHARED WITH US.

>> CAN YOU DESCRIBE WHERE THIS T ALL THREE SIDES?

>> NO, JUST THE SOUTH 14 14TH STREET SIDE.

>> JUST THE NORTH SIDE. >> JUST THE NORTH SIDE IS -- IS WHERE THE 30-FOOT SETBACK WOULD ORDINARILY BE APPLICABLE BUT SINCE THE PROPONENTS TO THE BEST OF MY KNOWLEDGE ARE PROPOSING TO

[00:15:04]

BUILD WITHIN AT FEW 8 FEET -- LET ME TAKE A STEP BACK.

BECAUSE THE PLANS CALL FOR NOTHING BUT LANDSCAPING BETWEEN THE NORTH BUILDING WALL AND SOUTH 14TH, THAT ORDINARY 30-FOOT SETBACK GETS REDUCED TO 15 FEET. THE PROPONENTS ARE PLANNING TO REDUCE IT FURTHER, PERHAPS AS FEW AS EIGHT FEET.

>> THANK YOU. COULD YOU TELL ME THE APPROXIMATE DISTANCE FROM THE CURB TO THE BUILDING? IT'S NOT JUST THE 8 FEET.

>> THAT'S CORRECT. THERE IS A -- A MARGIN OF SPACE THERE. I FORGET EXACTLY. I BELIEVE IT'S AT LEAST 10 FEET.

>> YEAH, OKAY. SO IT'S -- THAT'S WHAT --

>> THAT'S THE SPACE WITHIN WHICH THE SIDEWALK WOULD BE CONSTRUCTED IF THIS BUILDING PROJECT GOES FORWARD. THERE WILL BE A NEW SIDEWALK INSTALLED ON -- ALONG THE RIGHT-OF-WAY FOR SOUTH 14TH STREET AND ALONG THE RIGHT-OF-WAY FOR BUTTERNUT

STREET. >> OKAY. LET'S SEE. HEAVY COMMERCIAL, IS THAT THE APPROPRIATE ZONING FOR THIS TYPE

OF BUSINESS? >> YES. THAT IS A SUITABLE ZONING CLASSIFICATION FOR THIS TYPE OF BUSINESS.

>> OKAY. >> YOU'LL FIND HEAVY COMMERCIAL ZONING ON A SIGNIFICANT PORTION OF BUTTERNUT STREET. IT LONG AGO WAS MOSTLY INCLUDED WITHIN A HEAVY COMMERCIAL ZONING

DISTRICT, ONE END TO THE OTHER. >> THE OTHER THING, I DIDN'T IN THE STAFF REPORT SEE A RECOMMENDATION.

>> CITY STAFF IS NOT OFFERING A RECOMMENDATION ON THIS MATTER.

>> OKAY. >> AT THIS POINT, UNLESS THERE

ARE OTHER QUESTIONS. >> MR. STONE, IF I MAY, I'M LOOKING AT THE DIAGRAM ON THE FAMILY DOLLAR UNDER BERRY ENGINEERING ON THE DRIVEWAY AND PARKING LOT. AM I TO ASSUME THAT THAT TRUCK ACCESS DRIVEWAY WILL BE CONCRETE?

>> WELL, THAT WOULD BE A GOOD QUESTION FOR THE PROPONENT. IT IS MY UNDERSTANDING IT WILL BE CONCRETE.

>> MY QUESTION TO YOU, AS A PLANNER, IS THE TRAFFIC COMING IN, WHICH APPEARS TO BE TRUCK TRAFFIC, WHICH WE'LL ASSUME WOULD BE 53-FOOT TRAILERS, AND # 0,000 POUNDS, CAN POPLAR STREET WITHSTAND THE TURNING STRESS OF THESE VEHICLES?

>> YES. AS MUCH AS ANY STREET HERE IN ABILENE.

>> THE REASON I'M ASKING IS THERE ARE SEVERAL CITY STREETS THAT ARE IN THE HEAVY COMMERCIAL ZONING THAT THE TURNING OF TRUCKS COMING OFF THE PROPERTY AND EVERYTHING LIKE THAT HAS BUCKLED CURBING, AND HAS DAMAGED PAVEMENT. SO THIS IS MY

CONCERN. >>> WELL, THE PROPONENTS IN THIS CASE ARE REQUESTING OR PLANNING FOR A RATHER WIDE TURNING RADIUS. AND A WIDE AREA FOR TRUCKLOADING AND UNLOADING. I THINK THEY'RE PLANNING 30 FEET INSTEAD OF WHAT MIGHT ORDINARILY BE 24 FEET IN ORDER TO MINIMIZE ANY OPPORTUNITY FOR HAVING TO

BASICALLY JUMP THE CURB. >> YES, SIR. THAT'S THE LEAST OF MY WORRIES RIGHT THERE. BECAUSE MOST DRIVERS ARE CAPABLE OF HANDLING THAT. BUT AGAIN, IT IS YOUR BELIEF THAT POPLAR STREET AS IT IS CURRENTLY CONSTRUCTED CAN HANDLE

80,000 POUNDS OF TURNING STRESS? >> YES.

>> THANK YOU. >> I HAVE A QUESTION.

>> YES, SIR. >> JUST FOR MY OWN UNDERSTANDING AND KNOWLEDGE, SETBACKS ARE PUT INTO PLACE FOR SAFETY AND FIRE

REGULATIONS? IS THAT CORRECT? >> BUILDING SETBACK STANDARDS IN DIFFERENT CIRCUMSTANCE HAVE DIFFERENT PRIORITIES.

>> IN THIS CASE -- >> SIDE BUILDING SETBACKS, FOR EXAMPLE, ARE OFTEN THE BIGGEST PRIORITY IS MINIMIZING THE SPREAD OF FIRE FROM ONE BUIL%-ú.

* This transcript was compiled from uncorrected Closed Captioning.