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HomeMy WebLinkAboutMinutes MINUTES Zoning Board of Adjustment June 5, 2007 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Jay Goss, Donald Braune, Josh Benn, Denise Whisenant and John Richards. MEMBERS ABSENT: Alternate Thomas Mather(Not Needed) STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planner Lindsay Boyer, Planning Administrator Molly Hitchcock, Planning and Development Services Director Bob Cowell, Assistant City Attorney Angela DeLuca, First Assistant City Attorney Mary Ann Powell, Deputy City Manager Terry Childers and Action Center Representative Bryan Cook. AGENDA ITEM NO. 1: Call to order—Explanation of functions of the Board. Chairman Goss called the meeting to order at 6:05 PM. AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. There were no requests to consider. AGENDA ITEM NO. 3.: Consideration, discussion and possible action to approve meeting minutes. —April 3, 2007 Workshop Meeting Minutes Mr. Braune motioned to approve the meeting minutes. Ms. Whisenant seconded the motion, which passed unopposed (5-0). April 3, 2007 Regular Meeting Minutes Mr. Benn motioned to approve the meeting minutes. Mr. Braune seconded the motion, which passed unopposed (5-0). April 24,2007 Workshop Meeting Minutes Mr. Benn motioned to approve the meeting minutes. Mr. Richards seconded the motion, which passed unopposed (5-0). April 24, 2007 Regular Meeting Minutes Mr. Braune motioned to approve the meeting minutes. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Public hearing, presentation, possioie action, and discussion on a variance request to the Unified Development Ordinance Section 7.4 N Freestanding Commercial Signs for the property located at 925 Earl Rudder Freeway South, Lot 1, Block 1, Greensworld Subdivision Phase 3. Case# 07-104 Staff Planner Lindsay Boyer presented the staff report and stated that the applicant is requesting the variance to increase the allowable freestanding sign area from 200 square feet to 288 square feet. Chairman Goss opened the public hearing. Those speaking in favor of the variance request: Parvis Versalli, 110 Pershing, College Station, Texas Valorie Kopecki, 1006 Summer Court, College Station, Texas All speaking before the Board were sworn in by Chairman Goss. Chairman Goss closed the public hearing. Mr. Richards made the motion to deny a variance to the sign regulations from the terms of this ordinance, as it will not be contrary the public interest, due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of the ordinance shall be observed and substantial justice done. The motion died with a lack of a second. Mr. Benn stated that he would second the motion for discussion purposes if Mr. Richards reoffered the motion. Mr. Richards reoffered the motion. Mr. Benn seconded the motion. There were discussions among the Board members concerning there being no evidence of any special conditions or hardships. Their only finding was of a financial hardship. Chairman Goss called for the vote to deny. The vote was (5-0) to deny. AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance Section 7.1 H Height for the property located at 2423, 2425, & 2427 Earl Rudder Freeway South, Reserve 1, Block 1, Raintree Subdivision. Case# 07-78 Planning Administrator Molly Hitchcock presented the staff report. She stated that since the last meeting the owners of Champion Creek office development had met with the abutting single-family home owners, and the Raintree HOA President to discuss fencing options that may mitigate the impact height variances may have. The discussion between the property owners is described in the attached "Letter of Agreement" that will be a part of the approved minutes for this meeting. Staff also provided a proposed positive motion form that the Board could consider. Chairman Goss opened the public hearing. Those speaking in favor of the variance request: —Michael Irwin, 2600 Cumberland Court, College Station, Texas Scott Eidson, 2005 Indian Trail, College Station, Texas All speaking before the Board were sworn in by Chairman Goss. Chairman Goss closed the public hearing. Mr. Richards motioned to approve the height variance using the motion form supplied in the Boards packet (attached as part of the minutes). Chairman Goss read the motion for record. Mr. Braune seconded the motion, which passed (4-0-1). Ms. Whisenant abstaining from voting since she lived in Raintree. AGENDA ITEM NO: 6: Consideration and possible action on future agenda items — A Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Mr. Benn asked for an item to discuss the enforceability of the Boards decisions. AGENDA ITME NO. 7: Adjourn. The meeting was adjourned at 7:43. A.'P • . G Res, Chairman TES 1 : It_ , _ 411kiliPh... .diaAh.r ,_55- ...____ _ Deborah Grace, Sta 'Assistant y All speaking before the Board were sworn in my Chairman Goss. Chairman Goss closed the public hearing. Mr. Richards motioned to authorize of variance to the minimum setback from the terms of this Ordinance as it will not be contrary to the public interest, due to the following special conditions: honest mistake on tight radius of cul-de-sac lot when laid out by foundation crew; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: unnecessary destruction of part of the house; and such that the spirit of this Ordinance shall be observed and substantial justice done subject to the following limitations: front setback of 3.92 feet. Mr. Benn seconded the motion,which passed unopposed (5-0). AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance Section 7.1 Building Height for 2423, 2425 and 2427 Earl Rudder Freeway, Lot Reserve 1, Block 1, Raintree Phase I Subdivision. (07- 78) Planning Administrator Molly Hitchcock presented the staff report and stated that the applicant is requesting a variance to allow for the development of an office complex. Chairman Goss opened the public hearing. Those speaking in favor of the variance request: Robert Payne, 1509 Emerald Parkway, College Station, Texas Scott Edison, 2911 Texas Avenue, College Station, Texas Ray Powell, 4914 Augusta, College Station, Texas Henry Wittner, 2508 Raintree Drive, College Station, Texas Those speaking in opposition of the variance request: Boyd Sorrell, 7704 Sherman Court, College Station, Texas Arthur Bright, 7701 Sherman Court, College Station, Texas. Mr. Bright stated that he was not opposed to the project; he just had concerns about the drainage. Mark Chaloupka, 7805 Stonewall Court, College Station, Texas All speaking before the Board were sworn in my Chairman Goss. Mr. Mather motioned to approve the height variance for 2423 Earl Rudder Freeway, 2425 Earl Rudder Freeway and 2427 Earl Rudder Freeway of 14 1/2 feet from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the natural topography of the land; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: work around the grading to allow proper drainage flow toward Highway 6 and away from the subdivision; and such that the spirit of this Ordinance shall be observed and substantial justice done subject to the following limitations: all the structures built on the property will have a 6:12 roof pitch and a 8 foot privacy fence is constructed. Mr. Braune seconded the motion. 9 0 Mr. Mather amended his motion to read under limitations: all structures built on the property shall be constructed with a 6:12 roof pitch, no building on the property shall be constructed over 22-feet, and an 8-foot privacy fence shall be built on the eastern property line. Mr. Braune seconded the amendment. The Board continued discussions. The vote was taken on the motion to approve the height variance. The vote was (3-2) Mr. Mather and Mr. Benn voting against granting the variance. There were continued discussions concerning the amount of limitations being placed on the property. Mr. Benn motioned to Table the item. Mr. Mather seconded the motion,which passed unopposed (5-0). AGENDA ITEM NO: 6: Adjourn. The meeting was adjourned at 8:16. APP 'O 04: AWAY ilhairman ._l TE.s", 1 eborah Grace, Sta • ssistant