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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
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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.
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