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4#111.4
CITY OF COLLEGE STATION
MINUTES
Zoning Board of Adjustment
April 1, 2008
CITY OF COLLEGE STATION, TEXAS
Council Chambers
1101 Texas Avenue
6:00 P.M.
MEMBERS PRESENT: Jay Goss, John Richards, Donald Braune, Josh Benn, Denise Whisenant.
STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planners Jason Schubert and
Matt Robinson, Planning Administrator Molly Hitchcock, Assistant City
Attorney Mary Ann Powell, Director of Planning and Development
Services Bob Cowell, Action Center Representative Kerry Mullins.
AGENDA ITEM NO. 1: Call to order— Explanation of functions of the Board.
Chairman Goss called the meeting to order at 6:00 PM.
AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests.
There were no absence requests to consider.
AGENDA ITEM NO. 3.: Consideration, discussion and possible action to approve meeting
minutes.
February 5, 2008, Workshop Meeting Minutes
—February 5, 2008, Regular Meeting Minutes
Mr. Richards motioned to approve the workshop minutes. Mr. Braune seconded the motion,
which passed unopposed (5-0).
Ms. Whisenant motioned to approve the regular minutes. Mr. Benn seconded the motion, which
passed unopposed (5-0).
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AGENDA ITEM NO. 4: Public hearing, presentation, possible action and discussion on a
variance request to the Unified Development Ordinance, Section 5.2. Residential Dimensional
Standards regarding the rear setback requirement for 101 and 103 Fairview Avenue, remainder
of Lots 1 & 2, Block 2A, College Park Subdivision. Case# 08-005000)5/ 1 0
Staff Planner Matt Robinson presented the staff report and told the Board that the applicant was
requesting the variance in order to remodel the existing two-story apartment that is encroaching into the
required setbacks, therefore the applicant is requesting a rear setback variance of 17 feet 10 inches to the
required setback of 20 feet.
Chairman Jay Goss opened the public hearing.
There was no one who spoke in favor of the variance.
Speaking in opposition of the variance request:
Jerry Cooper, 602 Bell Street, College Station, Texas
Mike Luther, 614 Welsh, College Station, Texas
All speaking before the Board were sworn in by Chairman Goss.
Chairman Goss closed the public hearing.
Mr. Richards motioned to deny the variance to the minimum setback requirement from the terms of
the Ordinance as it will be contrary to 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.
Ms. Whisenant 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 5.4 Non-Residential Dimensional
Standards regarding the rear setback for the property located at 2800 University Drive E, Lot 2,
Block 1, Veterans Park and Athletic Complex Subdivision. Case# 08-00500025
Staff Planner Jason Schubert told the Board that the applicant is requesting the variance to obtain more
greenscape and landscaping in front of the site by moving the proposed office building more to the rear
of the property. Therefore, the applicant is requesting a rear setback variance of 10 feet.
Chairman Goss opened the public hearing.
Speaking in favor of the variance request:
Tim Ware, 2417 East Briargate, Bryan, Texas
Mr. Ware was sworn in by Chairman Goss.
Chairman Goss closed the public hearing.
Mr. Richards motioned to deny the variance to the minimum setback from the terms of the
Ordinance as it will be contrary to 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.
Mr. Braune seconded the motion which failed 2-1-2. Chairman Goss abstained from voting, Mr.
Benn and Ms. Whisenant voting to grant the variance.
There were continued discussions among the Board Members regarding the variance request.
Mr. Benn motioned to approve a variance to the minimum setback from the terms of the Ordinance
as it will not be contrary to the public interest, due to the following special conditions: configuration of
the property, location of the park and the floodplain; and because a strict enforcement of the provisions
of the Ordinance would result in unnecessary hardship to the applicant being: location of the flood
plain; and such that the spirit of the Ordinance shall be observed and substantial justice done. Ms.
Whisenant seconded the motion, which failed 2-3. Chairman Goss, Mr. Richards and Mr.
Braune voted to deny the variance.
AGENDA ITEM NO. 6: Adjourned.
The meeting was adjourned at 7:00.
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Chairman
ATTEST:
Deborah .ce-Rosier, Staff Assistant