HomeMy WebLinkAboutApplication FOR
OFFICE
/USE ONLY
11114111
CASE NO.: V l -C)6&
0 DATE SUBMITTED: lO -O7
CITY OF COLLEGE STATION O` v
Planning cf'Development Servies
ZONING BOARD OF ADJUSTMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS:
$150 Filing Fee
Application completed in full.
Additional materials may be required of the applicant such as site plans, elevation drawings, sign details
and floor plans. the Zoning Official shall inform the applicant of any extra materials required.
Date of Preapplication Conference:
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project):
Name Ruta Greiner
Street Address 1468 West 9th Street, #600 City Cleveland
State OH Zip Code 44113 E-Mail Address rgreiner@kainc.com
Phone Number 216.830. 1539 Fax Number 216.781.6566
PROPERTY OWNER'S INFORMATION:
Name CBL & Associates Properties, Inc.
Street Address 2030 Hamilton Place, #500 City Chattanooga
State
TN Zip Code 37421 E-Mail Address
Phone Number 432.490.8624 Fax Number 423.490.8602
LOCATION OF PROPERTY:
Address 1500 Harvey Road
Lot 4 Block 1 Subdivision Eastmark
Description if there is no Lot, Block and Subdivision
Action Requested: (Circle One) Setback Variance Appeal of Zoning Official's Interpretation
Parking Variance Special Exception
Sign Variance Drainage Variance
Other:
Current Zoning of Subject Property: C-1 General Commercial
Applicable Ordinance Section: Section 7.4 signs
Page 1 of 6
GENERAL VARIANCE REQUEST
The following specific variation from the ordinance is requested:
To allow for one freestanding pylon, four monument signs in lieu of the two freestanding signs that are
permitted per code.
This variance is necessary due to the following special conditions:
Special Condition Definition: To justify a variance, the difficulty must be due to unique
circumstances involving the particular property. The unique circumstances must be related to a
physical characteristic of the property itself, not to the owner's personal situation. This is because
regardless of ownership, the variance will run with the land.
Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots,
specimen trees.
Note: A cul-de-sac is a standard street layout in College Station. The shape of standard cul-de-sac
lots are generally not special conditions.
Additional signs are needed due to the fact that there are four entry drives into the project. Code
would only allow two Monument (freestanding) signs. The monument signs help identify the entry
drives to the project which allow traffic to keep flowing smoothly. The square footage and height are
necessary so that the signs can be seen easily to help make a decision prior to the individual
approaching the decision point at the drive. This would help reduce "stacking"of vehicles while
approaching the drive.
The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial
hardship is/are:
Hardship Definition: The inability to make reasonable use of the property in accord with the literal
requirements of the law. The hardship must be a direct result of the special condition.
Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot,
when compared to neighboring properties.
Conforming to code would not allow the monument signs to effectively communicate the existence of
the entry drives. Their size and height would not be visible to oncoming traffic. There could be an
increase in last second driving decisions would could increase the probability of accidents into the project
entry drives.
The Following alternatives to the requested variance are possible:
Increase the number of freestanding signs. Increase the square footage and height of the
freestanding signs.
This variance will be contrary to the public interest by virtue of the following facts:
An easily read sign will keep traffic moving/flowing in an efficient manner. Therefore eliminating the
probability of vehicles passing the entry drive, then turning around at the next opportunity.
The applicant has prepared this application and supporting information and certifies that the
facts stated herein and exhibits attached hereto are true and correct. IF APPLICANT IS FILED
BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, APPLICATION MUST BE
ACCOMPANIED BY A POWER OF ATTORNERY STATEMENT FROM THE OWNER.
Signature of owner(or agent) or applicant Date
ZONING BOARD OF ADJUSTMENT
RULES AND PROCEDURES
The Zoning Board of Adjustment hears requests for variances and special exceptions,
appeals of Zoning Official's decisions, Airport Zoning Board Adjustments, floodplain and
drainage ordinance variance requests, and PITY ordinance special exceptions. The
ZBA is a fact-finding body, and to grant variances it must determine the existence of
special conditions other than solely financial, which create an undue hardship for
applicants. Positive action requires an affirmative vote by at least four (4) of the five (5)
members. Recourse from ZBA decisions is to a Court of Law and appeals must be
made within ten (10) days of the decision, which become final at Thursday noon after
the meeting.
The ZBA shall develop and adopt rules in accordance with State law and City ordinance
to govern the ZBA and its meetings.
APPLICATION
❖ Any variance request, special exception, appeal of a decision of the Zoning Official
or floodplain ordinance variance request shall be preceded by the applicant
submitting to the Zoning Official a completed:
- 1) Application
2) Request Form
❖ Applications and request forms are available from the Planning Division Office.
❖ The Zoning Official shall assist the applicant in determining the zoning of the tract
and in identifying the applicable ordinance section for the application.
❖ The applicant shall attach an additional sheet(s) if he cannot fully explain his request
in the space provided on the request form.
❖ Additional materials may be required of the applicant such as site plans, elevation
drawings, and floor plans. The Zoning Official shall inform the applicant of any extra
materials required.
❖ An applicant shall submit a non-refundable fee of$150.00, payable to the City of
College Station, to defray notification costs. The $150.00 will be taken when the
completed application and request form are submitted.
APPEAL OF ZONING OFFICIAL DECISION
❖ Appeals of Zoning Official decisions shall be filed within thirty (30) days of the
decision.
❖ The ZBA shall hear the appeal within sixty (60) days after the application and
request forms are received by the Zoning Official.
Page 3 of 6
❖ The ZBA shall decide the appeal within a reasonable time. The ZBA may reverse or
affirm wholly or partly, or may modify the order, requirement, or decision, of the
Zoning Official by a concurring vote of at least four (4) of the five (5) members.
❖ The completed application and request form must be received by the the Planning
Office by 10:00 AM on the designated deadline date, which is indicated on the
attached Deadline/Meeting Date Information schedule.
❖ When the application and request form are received the item will be placed on the
next available ZBA Meeting agenda. All required notices will be published.
❖ The applicant has the responsibility to verify his item has been placed on a ZBA
meeting agenda.
NOTICE
❖ The Secretary to the Board shall notify the applicant of the ZBA meeting by certified
mail not less than one (1)week prior to the meeting.
❖ The Secretary to the Board shall notify property owners within 200 feet of the
property for which a request is pending of the ZBA meeting by certified mail not less
than (1) week prior to the meeting.
Such owners shall be determined by the Secretary to the Board. When deciding
which property is within 200 feet, measurements shall be made in a straight line,
without regard to intervening structures of objects, from the nearest portion of the
property for which a request is pending to the nearest portion of other properties.
Notice by certified mail to such owners shall correspond to the owner's names
and address as shown on certified tax roles even if the tax rolls are incorrect or
outdated.
❖ At the applicant's request, the Secretary to the Board shall notify any interested
person of the ZBA meeting by regular mail not less than one (1) week before the
meeting.
❖ The Secretary to the Board shall place a notice of the ZBA meeting in THE EAGLE
two (2) weeks prior to the meeting.
MEETING
❖ Robert's Rule of Order, newly revised, shall be followed.
❖ Meetings shall be held the first Tuesday of each month at 6:00 PM.
❖ Packets for ZBA Members shall be mailed by the Secretary of the Board the Friday
before the meeting.
❖ Each item before the ZBA must be heard by at least four (4) members.
❖ The ZBA may act on any request with or without the applicant's presence at the
meeting.
Page 4 of 6
❖ When hearing requests, this procedural format shall be followed:
rz Staff Report
ZBA Members ask questions
Public Hearing
ZBA discussion and action
MINUTES
❖ The Secretary to the Board shall tape record all meetings. Tape recordings of
meetings shall be kept for three (3) years.
❖ Minutes of the meeting shall be typed by the Secretary to the Board in paraphrased
form to reflect pertinent points of discussion (in the Secretary's judgement). No
transcription will be made.
❖ Minutes shall be signed by the Chairman after they are approved by the ZBA.
PUBLIC HEARING
❖ Witnesses shall be placed under oath by the Chairman using this statement: "Do
you swear or affirm to tell the truth in this proceeding under penalties of perjury?"
❖ Witnesses include the applicant and interested persons.
MOTIONS
❖ Motions shall be made on the Motion Format Form and be positive or negative.
❖ Negative motions (motions to deny a request) should be made when the ZBA finds
no special conditions, no undue hardship, or that the spirit of the ordinance will not
be preserved.
❖ Negative motions which fail do not imply the request is granted.
❖ Requests are only granted when a positive motion is passed by at least four (4)ZBA
Members. Requests are denied when a negative motion is passed by a majority of
members present.
REHEARING
❖ Applicants must have the ZBA's approval to present the same or a similar request
regarding the same property after denial of such request by the ZBA.
❖ When a request is denied, within ten days of the denial, the applicant may request
that the ZBA rehear the request at a future date. To make this request, the applicant
must submit to the Administrator new information that was previously not available to
the Board.
Page 5 of 6
❖ Within the ten days, the Administrator will put the request to rehear on the next
available ZBA meeting agenda.
❖ To decide to rehear a request, the ZBA must determine the information provided by
the applicant is new and relevant to their decision point of a hardship(s) as a result
of a property's special condition(s). ZBA approval to rehear a request requires a
motion to rehear, a second to that motion, and passage by a majority of members
present.
❖ The determination that information previously not available is relevant to a request's
hardship and special condition does not necessarily indicate the eventual approval of
a request.
❖ If the ZBA approves a request to rehear, the applicant must pay a new fee by an
established deadline to be scheduled for a future meeting.
APPEAL DECISION
❖ If an applicant wishes to appeal a ZBA decision, he must file a petition with a court of
record within ten (10) days after the date the decision is filed in the Planning Division
Office.
Page 6 of 6
llov. 5, 2007 5. 21PV KA, Inc. Architecture No. 2883 P. 2
2:VPM `,3. 5456 F. y
GENERAL VARIANCE REQUEST
The following specific variation from the ordinance Is requested:
• - 1.. 1+. �,/._ --lt:Int.Jlf t:L•.f 1.1 ILI "At .ht f i.� • 7f:1 t ■11'14=Id,L' I'.(• J.- -1-
This variance 1$necessary due to the following special conditions;
Special Condition Definition: To lustily s variance, the difficulty must be due to unique
circumatences involving the praticulir property. The unique circumstances must be related to a
physical characteristic of the property itseif, not to the owner's paraoral sfluetlon, This Is because
regardless of ownership,the variance will run with the land.
Example: A creek bisecting a lot, a smaller buildable area than Is seen on surrounding lots,
specimen trees.
Note; A cut-de-eao la a standard sheet layout in College Station. The shape of standard cul-de-sac
lots are generally not special conditions.
;!uta .ash • r. ._ ,R, t:_t rex • iii. . .. ..- ,�..-�• ��:
,.•.'s1.0 ....;. ..3.,.1•,..U.L;•.:CL._:��f2y:-�,t�•:,,1�.�f,///q��t��;._..♦♦���t_yt�L•L, !.1_ ftp- lf^`:!;_11i:'I+ 11,-•11,-• ,_w�.f�!Ii.3.'��1..+j�,/�:s
t 19. fMF—�I1lRWf Hf7W bi t koff�'�i satiate�C� !''arit
• i• -:.'! Itt-..L- - r:u'•`..'::1 !.L'J.
ftrttg .Ms woukthieVeclWe WorN&Ine 01 vehldttly41
XXISPonhg "Ovq..
The unnecessary hardship(a)involved by meeting the provisions of the ordinance other than financial
hardship irrlara:
Hardship Minion: TM Inability to make reasonable use of the property in accord with the literal
requirements of the law. The hardship must be a direct result of the special condition.
Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot,
when compared to neighboring properties.
+ if i•• • k•- u• .. I.: -r•:, /,- •n.e ..,-U :+1r • 1 11.1 1:-. q u. r. e Ih2 existence of
the era drlve_TT,eIr$ an would_aot be viable to oncamine traffic. There could he an
1. z-.. • .M/• r/Jn. !f• .P-. ..1.114- I/_ •-.+u=I7 • 1* a. •r0..,
The Following alternatives to the requested variance are possible!
• Pe • _;!. w` t-1 r:r• r�.L_ lb,- .......sC, '!.4le:f. •J.' c,•.�tr .:
This variance will be contrary to the public interest by virtue of the fol swing facts:
$n. red'!slay{will `�p t trky+ M owlfl 7t in >rtJl err!marpsr ar.Therefore aninat na the
tatlititedaina Mat emir the.theta arcing amend al the!text'4oplf ltd.
The applicant has prepared this application and supporting information and certifies that the
•lacca slated herein and exhibits attached hereto aro true and correct IF APPUCANT IS FILED
BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY,APPLICATION MUST BE
ACCOMPANIED BY A POWER OF ATTORNEY STATEMENT FROM THE OWNER.
w �I+
7.9‘of owner(or agent)or epplioaant Date
Lt.
Nov. 5. 2007 5: 21PU1 KA, Inc. Architecture (\o. 2883 P. 3
V. 2. Liv' MIN
o. 5498 4 8
cuRRENT z NG CI- Gaueral Commercial
PRESENf ER E DF F'RC PERW Commercial - Retail
EIRDIANSUISEL
LENGTH OF FRONTAGE: 1;879.Et.
f &the property 1 .a Bavlemernaed v
DISTANCE FROM THE CURB TO'THE FRONT EDGE OF THE PROFQSED SIGN:
HEIGHT` 6. •.- ' IO" h :.•.a 8'-0" h Veh. Dir. 479-3/4 h
A' 2)3.8 sq.ft. / lean. 57.93aq. ft. f Ta.. r. sq. t.
1�a the ash enclosed by the minimum b►fagkfalylvciangfa of ve al and horizontal Mee
that**confab ell AMOK])SIONSt.
LENGTH OF THE MAIN ENTRY FACADE OF THE BU1LDINOt
AREA OF PROPOSED SO .110,5_116_17_,____
AREA OFsALL IDOS 1NGATTACHEDSENs' 80.5 sq. ft.
(The arse of an attached$ n Ar the alas mnabdad by the minima knocker y rectangle orvarihat end hbrboratel Tiers
with nay contain elS1emr1botef pr �othe *sae t ceed5lo B squats
Fe flan ofease!bravery one
specie,1101!b exceed� Feel In area.
RAND OKNING_l91GNSt
MAXIMUM 14 DAY PERIOD TO BE DISPLAYED; .
(Mud be tether 00 dos of panting of'Mal C.O.,,change in the L,orre.a change in the deme of Um Suttees$)
MUST BE ATTACH TO FACE OF BUILDING
1GATE SIGM&
LENGTH OF THE MAIN ENTRY FACE OF THE •
BUILDING;
LDING;
AREA OF PROPOSED SIGN
AREA OF ALL MISTING ATTACH®SIGNS:
(The woe area;s bethedskin is the tree Eby tl m� yn bzapimiy evegfeafv ,l arrd iro1>erattad Inas
WW1 rut vauta:neeP trice To etteektd4aegeiserg►to.2:,5tonerefeetofefeattreya yrte
+Gaeta;batt>dallpubar alley> ofthe bylaw carleit&sow,matte exceed soosecrete t area.
The*I:Weald has prepared this appllaMfion and certifies that Ehe feeds stated herein artd ei htbite
gawpedArta frUe:7cored
\:. - 7 7
///2.10 1
moulessmempp-
sI na lta Avner,.Agent or APp6eant Data
Ofttopt Use Only
COMMENTS
Mans Examiner ZOning WWI YES or ND
C_tif •
wwoa
Paw xors
FOR OFFICE USE ONLY
APPLICATION#:
Cara t > DATE SUBMITTED: Ifs ST 2 V9"
ri ' to lseu{:S?iz�ii�r;
SIGN PERMIT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS
X Sign Permit application completed in full.
Building permit fee. The fee is based on the valuation of the Sign Application Fee.
. _X $25 Plan Review Fee (unless in one of the special districts addressed
Supporting Info'rmation completed in full. d below).
X For Freestanding Signs: one(1)copy of the site plan and sign graphic including:
Frontage=length of the property line along the larger roadway
Location of proposed sign on site.
Distance from the curb to the front edge of the proposed sign.
Sign height and dimensions
\ For Attached Signs: one (1) copy of the sign graphics (of all proposed and existing signs) including:
Sign dimensions of all attached signs
Length of main entry fagade of building
- Grand Opening Signs: one (1) copy of sign graphic including:
Location of proposed sign on building
Northgate Signs: one (1) copy of sign graphic including:
Building elevation showing sign placement
Length of main entry façade of building
TYPE OF SIGN
0 Attached ❑ Grand Opening ,�
Sign 0 Development Sign (J Freestanding ❑ Northgate 0 Overlay
* Does any signage included as part of this application qualify as an electrical sign (the term "electrical sign" includes,
but is not limited to, neon gas tubing, freestanding electrical signs and attached electrical signs)? ❑ Yes 0 No
NAME OF PROJECT Post Oak Mall
ADDRESS 1500 Harvey Road. Coleee Station, TX 7784
LEGAL DESCRIPTION Retail Project
APPLICANT/PROJECT MANAGER'S INFORMATION(Primary Contact for the Project):
Name Ruta Greiner
StreetAddress
City 1468 West 9th Street, #600
Cleveland
State OH Zip Code 44113
E-Mail Address rgreiner@kainc.com
P Ione Number 216.830.1539
Fax Number 216.781.6566
CONTI~ZACTOR: EMJ Corporation - Josh Randall
CONTRACTOR ADDRESS: 2030 Hamilton Place=Blvd. #200 PHONE: 423.855. 1550
ELECTRICIAN: PHONE:
DESCRIPTION OF WORK: Overall environmentakraphics and wayfinding system for
Post Oak mall.
VALUATION(Labor/Materials): $ 10. 1 Mil
5/5/06
Page 1 of 3
SUPPORTING'INFORMATION:
CURRENT ZONING C1- General Commercial
PRESENT USE OF PROPERTY Commercial - Retail
FREESTANDING SIGNS:
LENGTH OF FRONTAGE: 1 879 f t.
(length of the property line along the larger roadway.)
DISTANCE FROM THE CURB TO THE FRONT EDGE OF THE PROPOSED SIGN:
HEIGHT: Pylon-33' 10" h/ Mon. 8'-0" h/ Veh. Dir. 4'9 314 h
AREA: Pylon 203.8 sq.ft. / Mon. 57.93sq. ft. / Veh. Dir. 26.74 sq. ft.
(The area of a freestanding sign is the area enclosed by the minimum imaginary rectangle of vertical and horizontal lines
that fully contain all extremities.)
ATTACHED SIGNS:.
LENGTH OF THE MAIN ENTRY FACADE OF THE BUILDING: 155'-1"
AREA OF PROPOSED SIGN: 80.5 s q. f t.
AREA OF ALL EXISTING ATTACHED SIGNS: 80.5 sq. f t.
(The area of an attached sign is the area enclosed by the minimum imaginary rectangle of vertical and horizontal lines
which fully contain all extremities.) The allowed area of attached signage is equal to 2.5 square feet of area for every one
linear foot of all public entry façades of the building or lease space, not to exceed 500 square feet in area.
GRAND OPENING SIGNS:
MAXIMUM 14 DAY PERIOD TO BE DISPLAYED:
(Must be within 60 days of granting of initial C.O., change in the use, or of a change in the name of the business)
MUST BE ATTACHED TO FACE OF BUILDING
NORTHGATE SIGNS:
LENGTH OF THE MAIN ENTRY FACADE OF THE
BUILDING:
AREA OF PROPOSED SIGN:
AREA OF ALL EXISTING ATTACHED SIGNS:
(The area of an attached sign is the area enclosed by the minimum imaginary rectangle of vertical and horizontal lines
which fully contain all extremities.) The allowed area of attached signage is equal to 2.5 square feet of area for every one
linear foot of all public entry façades of the building or lease space, not to exceed 500 square feet in area.
The applicant has prepared this application and certifies that the facts stated herein and exhibits
attached hereto are true and correct.
k' (r li• .2 S . G ?—
Signature of Owner, Agent or Applicant Date
Official Use Only
COMMENTS
Plans Examiner Zoning Official
YES or NO
COMMENTS:
6/13/03 Page 2 of 3