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HomeMy WebLinkAbout1986-01-30 BUILDING BOARD OF ADJUSTMENTS MEETING MINUTESMINUTES OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS MEETING HELD ON JANUARY 30, 1986, AT 7:30 P.M., IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT 2335 NORTH TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order with the following people present: ACTING CHAIRMAN WILLIAM R. KEELE MEMBER W.T. McCLELLAND MEMBER WILLIAM K. MILLER DEPUTY BUILDING OFFICIAL ERNIE BUENROSTRO CLERK/TYPIST DIANE LEWIS Members Raymond Barringer and Roanld Parker were absent. William Keele called the meeting to order at 7:40 p.m. He stated that the subject to be considered by the Board was a Variance from the Building Code provisions to waive the three foot (3') clearance under a billboard to a two foot (2') clearance. Mr. Keele asked for a discussion on how the sign happened to be two feet (2') off the ground. Bill Ernst was present to represent Dr. George Hall, owner of the sign in question. Mr. Ernst stated that Dr. Hall contracted for a red wood sign from a sign company who was not from the Pearland area. After it was learned that a sign permit was required by the City of Pearland, Dr. Hall asked Mr. Ernst to acquire one. When Mr. Ernst came to the permit department, he was informed that the fee would be double the normal fee because the sign was installed without a permit. At that time, he was informed that the sign should have been three feet (3') off the ground at the point it was buried. The sign was also thirty inches (30") above Westminister if measured in a horizontal line from the bottom of the sign to the gutterline of the street. Mr. Ernst requested Variance and exhibited photographs to support his opinion that the City Ordinance had not been enforced in the past. Mr. Ernst also exhibited a list of non-compliance signs. Mr. Keele remarked that construction along FM 518 in Pearland, is heavier than in the past. He asked Mr. Buenrostro if the City of Pearland could publish an official reminder of the need to comply with Building Codes. Mr. Buenrostro replied that this could be done. Mr. Miller asked Mr. Buenrostro how long the Ordinance had been in effect and he responded that it has always been in effect, but had not been uniformly enforced in the past. Mr. Ernst stated that the Ordinance allows decorative trim or light wooden construction to fill the vase of the sign, which would therefore, cause the sign to be less than three feet (3') from the ground when the project was finished. Since the sign did not obstruct vehicle view or pedestrian walking, Mr. Ernst requests variance in the Ordinance based upon all of the above facts and opinions. Mr. Keele then asked Mr. Buenrostro for comments. He stated that the Ordinance had been overlooked in the past, but that fact does not justify the permit department knowingly giving Mr. Ernst or Dr. Hall a permit. Dr. Hall was present to explain that there was no intent on his or Mr. Ernst's part to avoid applying for a permit. He blames himself, not Mr. Ernst, because he was so busy with his practice in Clear Lake, trying to establish a practice in Pearland and trying to keep his family going. With such a MINUTES OF THE BUILDING BOARD OF ADJUSTMENTS AND APPEALS JANUARY 30, 1986 Page 2 hectic schedule, he assumed that a permit had been obtained for the sign. Mr. Miller asked Dr. Hall who installed the sign and he replied that a sign contractor named Rosenfield Sign Company from Conroe, Texas, had installed the sign. When asked how long the company had been in business, Dr. Hall replied twenty-two years. Mr. Miller pointed out that an established contractor should have been aware of the procedures of working in a city. Mr. Miller then asked Mr. Buenrostro if there was a fine for not obtaining a permit, and he responded by saying that the permit fee would be doubled in such a case. Mr. Miller made a motion that the Building Board of Adjustment and Appeals would allow the Variance as requested, providing Dr. Hall pay the double permit fee. Motion was seconded by W.T. McClelland. Mr. Miller suggested Mr. Buenrostro arrange for a publication in the local paper to advise contrac- tors that the City of Pearland does have a Sign Ordinance and that it will be enforced. Motion carried 3-0. The meeting adjourned at 8:00 p.m. MINUTES WERE APPROVED AND/OR CORRECTED THIS ,,27 DAY OF j A.D., 1986. WILLIAM R. KEELE, ACTING CHAIRMAN ATTEST: