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HomeMy WebLinkAboutMinutes MINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment September 3, 1985 7:30 A.M. MEMBERS PRESENT: Chai rmanUpham ,Memb ers McGui rk, Meyer, Wagn.er and Swoboda (for a portion of the meeting). Member Wendt Zoning Official Kee, Director of Planning Mayo, Building Official Perry, Planning Technician Volk and City Attorney Locke for a portion of the meeting. MEMBERS ABSENT: STAFF PRESENT: AGENDA.. ITEM NO.1: Call to order -. explanation of functions and limitations of...Board. Chairman Upham called the meeting to order and explained the functions and limitations of the Board. Several Board . Members ...expressed dismay at seeing a full agenda at what the:v believed was to bea "special meetIng" to hear one particular item, with at least 2 of the members stating.they could not stay for more than one item. After discussion, it was decided to bypass items 2, 3, 4, 6 and 7, and only hear item #5, the variance for which this meeting was called. AGENDA ITEM NO. 2: AGENDA ITEM NO. 3: 1985. Hear visitors. Approval of Minutes - meeting of August 20, AGENDA ITEM NO. 4: Reconsideration of a request.for variance to Section 7--B>. 3. 1 Ordinance 850, therequi~ement to mark parking spaces on thesurface,on.a proposed gravel, commercial parking lot at the northeast- corner of Church and Nagle Streets. Applicant is Skipper Harris. (This item was tabled at meeting of August 20,1985). AGENDA ITEM NO. 5: Consideration of an appeal of a decision of the Zoning Official that.outsideseatingrequiresparking under Section <7 Ordinance 850. ConsideratioJ) also, of a variance (in the event that the appeal is denied) to the parking requirements for l48additionalseats for theop.eration of. a restaurant at The FlyingTomatoPizzaInA Pan at303W. University. Applicant is The Flying Tomato, Inc. A. Hai.phSenn,. 804 N. Neal, Champaign, Illinois, president of the Flying Tomato, Inc. was sworn in and spoke of the background of steps taken which led to the establishment of. this restaurant in this location, and the subsequent. appelil of the ZOllingOfficial' sinterpretation of the Zoning Ordinance. He read from a letter sent to Paul Howald on January 17, 1984 by.. the. Zoning Official, specifically addressing paragraph (c) of that letter which states Uthereare currently two hundred and thirty (230) seats and 20 parking spaces in-Bogie's,.. . your re~;taurant 1 ZBA MINUTES 8-20-85 has all the Northgate problems and perhaps should be considered to be in N'orthgate, but unlike most Northgate>businesses, this business has parking available which is not fully utilized. Mr. Wagner said that if this has gone on since 1982, there appears to. be. no problem. Mr. Elmore pointed out that in fact,mostofth,e surrounding"people (St. Mary's in particular) have urged Mr. Lui to request the variance. Mr. McGuirk referred to this. as being a request for variance to parking requirementsatarestaurant, and then made a .motionto authorize a variance to the parking, I1equireJllents (S~ction 7) frolll the. terms of this ordinance as it will not be contrary to the public interest, due to the following unique and.special conditions of th~land not normally found in like districts: (l)That this location, lwhilenot within the Northgate district possesses most of the Northgate problems which are not found in . other commercial districts;.. and, ... (2) That the available parking is not presently, utilized, 'a., si tUation cOlllpetelyunique even to Northgate,. and because a strict enforcement of the provisions of the ordinance would result in unne(.:e~sary hardship to this applica.Ilt being that the applicant cannot supplyth~cust~m~ry amenities of his business and that increased pedestrian congestion in the;available parking! area is likely without this variance, and such that the spirit of this ordinance shall be observed and substantial justice done. Motion was seconded by Mrs. Meyer and carried4-0-l (Upham abstained). AGENDA. ITEM NO.8: Consideration of a request for variance to Section. 7-B. 3.l Ordinance 850, the requirement to mark parking' spaces onthesurface,on a proposedgravel,commercial parking lot at the northeast corner of Church and Nagle. Applicant is Skipper Harris. Mrs. . Keeexplained that this tenant is leasing the land from the Boyetts, ldescribed the existing zoning and uses in.the.area.andpointedoutthat the request concerns the marking of parking. spaces on the. surface, further explaining.that a gravel surface has been approved by the City Engineer for this lot and striping on that surface would b~ very hard, if not impossible. She pointed out the applic;ant is not ,in the audience, but the owner of the property ~is. Mr. Boyett (the owner) st.ated that.. he. could only answer questions, but could not explain the requ4~st . Mr. Upham stated that this Board customarily has tabled requests in the past wlh.en the applicant is not in attendance at the meeting. Mr. Wagner then made a motion to table the item due to the absence of the applicant. Mr. McGuirk seconded the motion which carried unanimously (5-0). Mr. Upham then announced that he would HEARVISITORS,specificallyMr. Senn, who requested postponing this Agenda Item No. 2 until later in the meeting. RalphSennwassworn in and explained that he had been made aware of a problem this afternoonatapproximately3p.m.regardingtheallowedseating in his drestaurant (formerly Bogie's), The Flying Tomato. He pointed out that the problem seems to be the understanding of the number of seats which will be allowed, and asked that the Board hold a special meeting in order that he can finalize the decision aD<! get on with this new business in the Northgate district when the students are arriving on campus. The Board agreed to hold a special meeting to hear this case at 7:30a.m. on September 3, 1985. 9