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Slaff Planner Kucnzel slalcd' Ihat the land tlse "lan Cor this atcn has becn the suhject or rceclIl
Ii III<ly wi I h the 28./8 Ex'cns i()nl.~cpmL .~j1y COlIl1(;i1 h~s 8 pproved office-com 91 crcia I Cor this
parliclllar fllen. Cllnenlly, a Cew sl/Igle fanll.'Y homes sl'U e~lst. ..1 here are two .homes 10 .1!le ea~1 or
Ihe suhject sile, and severllllo Ihe west Slxleen stlmUlndll1gproperly owners were nollhed of Ihe
rC<lucsl \vilh ()ue coli in opposition frOlll the abulling neighhor 10 the west.
Chairperson IlawlhOtne opened Ihe public hearing.
Pal Siegert of 870( Chippendale, apprcjachedtheColl1rnissiolJ .andsfJoke in fnvor of granting Ihe
condilional use permil. J Ie slaled that he is the broker who is handling the transaction of lite
suhject propcllyand has Iisled the adjoining property 10 . theeasL. A vet clinic is appropriate for
Ihis orea and the Iwo neighbors to the east are in favor of granting the conditional use permit. . l\fr.
Siegertslntcd thot..lhe .propet'y owner to the ""e..st,Mr. Jordnrl, has an ofl1ce number listed in Ihe
ph()l1c hook nt his' hOlllC address nntl is wOl'king out (If hishoft1e.
Represenlative orlhe curfctlt owner Alton Oftzartnk approached the Commission and staled Ihal
he is favor of Ihe proposedcondil.ional useperll1il. lIe slaled Ihat the current home is 100 close 10
Ihe slrcCllo bc used us II residence ond thai a commercial use is more appropriale. The
neighboring property o\Vtler, Mr. Jofdun, is currently operatil1g a busilless out of his home.
..;. App/i,cmtl . Maxine$liles. nPllloachetllhe Commission. nud stated HuH Iler business would be .Iow
volumc und primarily cal <ond dog ccue. . Ms. Stiles slaled that shewiJI bring thesile lip 10 currenl
Jl codeslll1d slill maintain the residenlial character of the ncighborhootl~ AstiJJluJ~W lu:JrepLinsid~
n --1.h.e.J.uWd:i11l!. and large .animals will 110t be treated at the proposed. clinic~ The basic hours of
opera( ion \vill be frolll 7:00 a.'ll. 106:00 p.ru.
"/: . Paul Clarke of Clarke Hnd Wyndham Realty approached the COl11ntission and spoke in favor of thc
., condiriollHI lIse perlllil request.
.r
John JOIdan of t 17 Millers bne Approached the CplIHnission 8ndstnledlhathe is nor operaling a
husiness oul of his home. He does have< a personal p[fice in his home; however~ Iherc is nCt'cr
o nyol1c outside of his Cum i1y Ihat goes into the pClJce. (Mrs. Hertrandverified tha t I here is never
any co III III crcia I business opera I iOlls athis hOllle.JMr.Jordnninfonn~d the Commission Ihat he has
lived in this home forlwe/veyenrsill1d hasconUnllPlJs/y improved.the properly. Ile is concelllcd
will' Ihe conlinued preSSUre of conlnletcial uses inlhis slrictly tesidenlfal area. A vet clinic loealed
Hex( dool"'o his hOJJle \vill llegCltivelyjJnpact hisprope"ly value.
"
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Chairperson lla\vlhorne. closedlhepublic heating.
.
Cm111l1issioncr Ilcrring 111ovedlollpptove Ihe conditional use pertuit requesl by Dr. Stilcs for Ihe
Use only of aVe( clinic 10 belocaled at 123 Millers Lnne. Com 111 issioner Lane seconded the moHon.
,.
ConllnisMoncr lIall slaled thnt he understands Mr. 10nlal1's. concerus anti suggested that Ihc
COl1lmission rcslricl Ihe nUluherof animols that can be botuded at thisfadlity. lie staled Ihal by
limiling Ihc number of al1imnlshonrded after hours, there will be less of a noise problem.
Dr. SliIcs. informed theComhlission that boartlinjtis patt of the vel services she plans to provide;
however, it will llot be the uimur busincss. The houses .are distanced far enongh apart thai there
should not >c n pro> elll WIll norse. Dr. Stiles udded that there is 110 \Vlly that she can "redict how
fuany cages rhat she \vill need ftJf hoarding purposes.
,.
COIllUJ issiollcr Hall tnoved/.o mnend the original ltlOlion to limit the bonrding of ovcmight and
wcckend heallhy 1I11inulls to 15. The:lI11endl11elll died due to lack of a secoluJ.
The originll I III 01 ion . to II (>pt(wc . the eoiHlilional lIse Vcnn it pnssetl, (5 - t - t); Cha ilpclson
J I awl horllc ahstained flOm voting and COlH missioner I r all voted against the 11101 ion.
I) (~ Z A/il1l1les
JllI111(11)' 21, J 993
Page 3
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4DA ITEM..NO. 3: . Public hearing. to .CQnsider.a . conditional use permit request for a tutoring
;r to be located at301-D Patricia in the Northgate zoning district (93-700)
~.
aff Planner> Ku.enzel presented the. staff report. At the tilDe the first. conditional use permit was
~onsidered, there had been a concern for parking. The center supplies 25 parking spaces, which is
actually lnore than most other sites in the Northgate zoning district. The zoning ordinance gives the
project review. committee discretion . to require parking when possible; however, unlike other
commercial districts, there are no . predetermined requirements. for parking. If.the .center were in a
C-l district, it would have to supply 32parkingspaces. A maximum of twenty-five percent of the
total leasable space would. then be . allowed to be used for intense purposes. Twenty surrounding
property owners were notified of the request with no response.
~_.
Chairperson Hawthorne opened the public hearing.
Applicant Geoq~e Sopasakis approached the Commission and referenced his Jetter submitted with
the conditional use permit application. The present traffic of. the existing tutoring facility indicated
that on the average, there<are 15% of vehicle customers, 30% of bicycle and 55% of walk ''in
customers. The other businesses located in the same center include Burger Boy, a bicycle food
delivery operation, and Varsity Hair Shop, which closes at. 5:00 p.m., and. the ATS Group currently
operating at. 40% its capacity. The parking lot can accommodate 28 cars and. there are 6 extra
spaces on Boyett .Street
Representative of A & MPresbyterianChurch,<W. P.Woriey,. approached the Commission and
stated that there are parking problems in this area especially in the evening. He stated that the
church is not necessarily in opposition to the proposed .. use; however, there is not enough parking
available to accommodate the increased traffic. ....Mr7 Worley stated that his main concern is 11aving
the city look at the parking problem of the entire Northgate area.
Mr.Sopasakis stated that. the tutoring center. will 'not be open on Friday and Saturday evenings
except during final .exalTIS. . He added that his proposed hours of operation will be from 6:00 p.m. to
10:00 p.m.
Paul Clarke,. an owner of property thatabut$ this site, approached th~ Commission and stated that
he does not oppose the . proposed use and that he. has plans to provide more parking in the area.
Chairperson Hawthorne closed the public hearing.
Commissioner H.all stated that the traffic in this area is a problem and it would be to the ~pplicant's
advantage to not open before 6:00 p.m. He added that the city needs to be mindful that the
Northgate area needs parking and the problem is only getting worse. .Commissioner Hall moved to
approve the conditional use >permit request by George Sopasakis to allow a tutoring center to be
located at301-D Patricia in the Northgate zoning district. Commissioner Gribou seconded the
motion.
Commissioner Herring stated that the Northgate area is currently over saturated' with parking and
the applicant's estimate of vehicle traffic is low. .
The motion to approve the conditional use permit passed, (6 - 1); Commissioner Herring voted in
opposition to the motion.
AGENDA ITEM NO.4:>iPqblichearillg to consider .a.CQnditional use permit request for the use
only of a vet clinic to be located at 120 Millers Lane. (93-701)
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Staff Planner Kuenzel presented the staff report and stated that the project review committee has
not yet reviewed this propos <11 be.~au$y the applicant has chosen to submit a use only request. The
site plan will l1eed Comlnission(ipproval as well but will be submitted at a later delte.
P & ZMinutes
January 21,1993
Page 2
Staff PI~nner Kuehzelst~fe<l that tHelahd .hse plahfor thisarea,ha~ be.ell the subject of . recent
study with the 2818]jxtension.ReporL ..... CitrC(}um;iI has. appro~e~<office-com91erciaI for. this
particular area. .... Curreptly,a few/singlefamilyh?lTIesstiII exist. ... There are two h()mes to .the east of
the subjettsite,and . several to the .west:.... . Sixteen . surrounding property. owners were notified of the
request with one call.. in opposition from the abutting neighbor to the west.
, i Chairp. erson HawthorIle opened the public hearing.
.:V
Pat Siegert of8701Chippentlale,apptoached the. Commission and spoke. in favor of granting the
conditional. use permit... .Hestated that he .is the broker who is handling the transaction of the
subject property and has listed ~he~djoiningproperty to the east. . A vet clinic is appropriate for
this area and thetwo neighbors tothe east are in favor of granting the conditional use permit. Mr.
Siegert stated that the propel'tyo\\'ner to the west, Mr. Jordan, has an office number listed in the
phone book at his home address and is working out of his home.
Representative of the current owner Alton Ofczarzak approached the Commission and stated that
he is favor of the propose<iconditional use permit. ... He stated that the current home is too close to
the street to. be used as a.. residence and . that . a comm~rcialuse is more . appropriate. The
neighboring property owner, Mr. Jordan, is currently operating a business out of his home.
Applicant Maxine. Stiles. approached the Commission and stated that her business would be low
volume and primarilycatand dog care. Ms. StiIesstated .that she\ViIl bring the site up to current
codes and still maintain the. residential character of the neighborhood. Animals will be kept inside
the building and . large animals will not be treated at. the proposed clinic. The basic hours of
operation will be from 7:00 a.m. to 6:00 p.m.
Paul Clarke of Clarke and Wyndham Realty approached the Commission and spoke in favor of the
conditional use perInit request. '
"..............
John Jordan of 117 MilI~rs Lane. approached the Commission and stated that he is not operating a
business out of his home... He does. have a .personal office in .his home; however" there is never
a'nyone . outside of his family that. goes into. th~ .office. . (Mrs. Bertrand. verified.. that. there is never
any cOlnmercial business operations at his ,home.) . Mr.. Jordan informed the Commission that he has
lived in this home for twelve years and has continuously improved the property.. . He is concerned
with. the continued pressure of commercial uses in this strictly residential area. A vet clinic located
next. door to. his honlewill negatively impact his. property value.
Chairperson Hawthorne closed the public hearing.
\">
Commissioner. Herring. moved. to approve.. the. conditional. use permit . request by Dr.. Stiles for. the
use only of a vet clinic to be located at 123 Millers Lane. Commissioner Lane seconded the motion.
Commissioner Hall. stated that he understands Mr. Jordan'S concerns and suggested that the
Commission restrict the number of animals that Gan be boarded at this facility. He stated that by
limiting the nUfllber of animals boarded after hours, there will be lessofa noise problem.
Dr. Stiles . informed the Commission that boarding is . part. of the vet services she plans to provide;
however, it wilI not. be the primary business. The. houses are distanced far enough apart that there
should not be a problem with noise. Dr. StiIesadded that there is noway that she can predict how
many cages that she will need for boarding purposes.
Commissioner Hall moved to amend the original . motion to . limit the boarding of overnight and
weekend healthy animals to 15. The anlendment died due to lack of a second.
The original motion to approve the conditional use permit passed, (5 - 1 - 1); Chairperson
Hawthorne abstained from. voting and Commissioner Hall voted against the. motion.
p& Z . Minutes
January 21, 1993
Page 3
Staff Planner KuenzelsUlled IhaLthe..'and.lIse planfortbis area bas beentbe subject of recent
sludy with. tbe 2818 Extersioll Report. City>~ouncil has approved office-commercial for Ibis
particular ilrea. Currertty,afewsingleJamHyhomesstiUexist.There are two hom~s to the east of
the subject site, and several to the west. Sixteen surrounding property owners were notified of Ihe
request with one can in opposition from. the abutting neighbor to the west.
.: :,/
Chairperson Hawthorne opened the public hearing.
Pat Siegert of 8701 Chippendale, approached the Commissi.on and spoke in favor of granting the
conditional. use permit. He stated that . he is.the broker who. is handling the transaction. of the
subject property and has . listed the adjoining propertyt(),the east. A vet clinic is appropriate for
this area and the .twonei~hbors to the east are in favor of granting the conditional use permit.Mr.
Siegert stated tbatthe property owner to the west, Mr. Jordan, has an office number listed in the
phone book at his hOlneaddress and is working out of his home.
Representalive of thedlfrent oWner AItonOfczarzak approached the Commission and stated~hat
he is favor of the proposed conditional use permit. He stated that the current home is too close to
the slreet to be used as a residence and that a commercial use is Dloreappropriate. The
neighboring property owner, Mr. Jordan, is currently operating a business out of his home.
I
I
Applicant Maxine Stiles approached. the ,. Commission and stated that her ljusioAss, would below
volume and primarily cat and dog care. Ms. Stiles stated that she will brin:gthesi~~up to current
~. cOd.es and still n.lainlain...tbe r.c. sidentia.l.character.. of.the neig.hbo.. rh.ood.. &iDl~I~\yjl':I>~ ~eJlt jp~ide
JI. , lbk U4i1dinll and large animals will not be treated at the proposed clinic. The basic hours of
operation will be. froln 7:00 a.m. to 6:00p.m.
PaulCJarkc .of Clarke andWyndhanl Realty approached the Conlmission and spoke in favor of the
conditional usc.pernlit request.
John Jordan of 117 Millers Lane approached the Commission and stated that he is not operating a
business out of his home.. He does have a p~rsonal office in his. home; however, there is never
anyone oulside of his falllily that goes int() the office. (Mrs. Bertrand verified that there is never
any commercial business operations at hishom.e.)Mr; Jordanjnformed the Commission that he has
lived in this home for twelve years and has continuously improved the. property. He is concerned
... with the c.onlinued pressure.... of com.mercia.Luses.inthis strictly residential area. A vet clinic located
.. next door to his honle will negatively impact his. property value.
Chairperson I-Iawthorne closed the public hearing.
.
Commissioner Herring moved to approve the conditional use permit request by Dr. Stiles for tbe
use only of a vet clinic to be located at 123 Millers Lane. Commissioner Lane seconded the motion~
Commissioner Hall stated that he understands Mr. Jordan's. concerns and suggested that the
Commission restrict the number of animals that. can be boarded at this facility. lie stated that by
limiting (he nunlber of animals boarded after. hour~, there will be less of a noise problem.
Dr. Stiles .informed the Commission that boardin~is part of the vel selVices she plans to provide;
however, it will not be . the Erimary business. The houses are distanced far enough apart that there
should not be a problem w/thnoise.. Dr. Stiles added that there is no way that she can predict how
fllany cages that she will need for .boarding purposes.
Comlllissioner Hallm.ovedto amend the original motion to limit the boarding of overnight and
weekendhcahhy aninlals to 15. The amendment died due to lack of a second.
The original Illation to approve the conditional use permit passed,. (5 - 1 - 1); Chairperson
I-Iawthorne abstained from voting and Commissioner Hallvoted against the motion.
p &. Z. Afinutes
],1I1Llary 21, 1993
Pc1ge 3
," I.,
Staff Planner Kuenzel stated that. the land use plan for this area has been the subject of recent
study with the 2818 Extension }{eport. City Council has approved office-commercial for this
particular area. Currently, a few single family homes still exist. There are two hom~s to the east of
the subject site, and several to the west. .. Sixteen surrounding property owners were notified of the
request with one call in opposition from the abutting neighbor to the west.
iI'
Chairperson.llawthorne opened the .publichearing.
Pat Siegert of 8701 Chippendale, approached the COlnmission and spoke in favor of granting the
conditional use pernlit. He stated that he is the broker who is handling the transaction of the
subject property and ha.s listed the. adjoining property to the east. A. vet clinic is appropriate for
this area and the two neighbors to the east are in favor of granting the conditional use !Jernlit. Mr.
Siegert stated that the property owner to the west, Mr. Jordan,llas an officenunlber listed in the
phone book at his hOilIe address and is working out of his home.
Representative of the current owner Alton Ofczarzakapproached the' Commission and s~ated ~hat
he is favor of the proposed conditional use. permit. He .stated that the current home is too close to,
the street to be used as a residence and that a commercial use is more appropriate. 1'he
neighboring property .owner, Mr. Jordan, is currently operating a business out of his home.
/
I
Applicant Maxine Stiles approached the Commission and stated that her business would be low
volume and primarily cat and dog care. Ms.Stilesstateg that she will bring the site up to current
codes and still maintain the residential character of the neighborhood. AIftiIl1alswill be keptil}~i~ly
the building and large animals will not be treated at the proposed clinic. The basic hours of
operation will befronl 7:00 a.m. to 6:00 p.m.
Paul Clarke of Clarke and Wyndhanl Realty approached the COlnmission and spoke in favor of the
conditional use pernIit request.
John Jordan of 117 Millers Lane approached the Conlmission and stated that he is not operating a
business out of his home. lIe does have a personal office in his horne; however, there is never
anyone outside of his family tl1at 1?:oes into the office. (Mrs. Bertrand verified that there is never
any commercial business operations at his home.) Mr. Jordan informed the Comlnission that he has
lived in this home for twelve years and has continuously improved. the property. . He is concerned
with the continued pressure of commercial uses in this strictly residential area. A vet clinic, located
next door to his honle will negatively impact his property value.
Chairperson flawthorne closed the public hearing.
Commissioner J-Ierringnloved to -approve the conditional use permit request by Dr. Stiles for the
use only of a vet clinic to be located at 123 Millers Lane. Commissioner Lane seconded the 1110tion.
Commissioner Hall stated that he understands Mr. Jordan's, concerns and suggested that the
Conlmission restrict the number of animals that can be boarded a~ this facility. He stated that by
lilniting the number of animals boarded after hours, there will be less of a noise problem.
Dr. Stiles informed the Commission that boarding is part of the vet services she plans to provide;
however, it will not be the. primary business. . rfhe houses are distanced far enougll apart that there
should not be a problem with noise. Dr. Stiles added that there is no way that she can predict how
many cages that she will need for boarding purposes.
CornmissionerHall moved to amend the original motion to limit the boarding of overnight and
weekend healthy animals to 15. 1"heamendment died due to lack of a second.
The original motion to approve the conditional use permit pa~sed, (5 - 1 - 1); Chairperson
IIawthorne abstained from v()ting and COilllnissioner Hall voted against the motion.
P & Z Mlilutes
January 21, 1993
Page 3
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PRomCf REVIEW COMMITI'EE REPORT
March 22, 1993
TO:
FROM:
SUBJECf:
Earl. Havel, Garrett Engineering
4444 Carter Creek Pkwy, Ste 108, Bryan, TX 77802
Dr. Maxine Stiles, DVM
11747 Walnut Road, College Station, TX 77845
Project Review Comm~ttee: ,. ~
Jim Callaway, City Planner (' I %Ill l
Veronica Morgan, Assistant to the Ci~ ~
Craig Hall, P &Z Commissioner II. " _'
OthersAtt~l1qing: r" . / k-1
Natalie Thomas, Planning Techlm" ~
Samantha Smith, . Engineering Assistant
Tony Michalsky, Electrical Operations . Coordinator
Brett McCulley,. Project Engineer - Drainage
Brad Clark, Fire Inspector
Phil San Angelo, Asst Building Official
Shirley Yolk, . Development Coordinator
Freddie Caballero, Sanitation
Laverne Akin, GTE Representative
CONDITIONAL USE PERMIT - Veterinarian Clinic; to be located at 123 Millers Lane. (93-710)
The Project Review Committee met on Wednesday, March 17, 1993 to discuss the above mentioned conditional use
permit request. The following comments were made by the various reviewing agents:
BUILDING:
FIRE:
The proposed handicap parking should be relocated .asclose to the building as possible to allow for ramp
access into the building. Coordinate requirements with Assistant Building Official Phil San Angelo at (409)
764-3741.
Show nearest fire hydrant. A fire hydrant must .be located within 300' (as. the hose lays) from the furthest
point of the building. Coordinate requirements with Fire Inspector George Spain at (409) 764-3781.
PUBLIC SERVICES:
Coordinate receptacle requirements. including medical waste disposal with Sanitation Superintendent Jim
Smith at (409) 764-3690.
,.--.t
rpRC Report
Vet Clinic
Case #93-710
Page 2
PLANNING:
Screening this site froll1adjacent singlei family residential development may be required by the Planning
and Zoning Commission.
Provide the.dimension from the front property line to th.ephase ..line.
Coordinate landscaping point requirements With . Mapping5pecialistNanette . Manhart at (409) 764-3570.
Label thegraveldriveasexistillgand note proposed paving..
Show ..theexisting ..planterlocatedin the.. parking lot and .... note. if it will be removed.
The width . of the parking area in the rear must be' 41' . and. notJheproposed ,40'.
Dimension ....theparking ..area10ca teonnder the..existmgcarport.
ENGINEERING:
Show tlo o<lpla in and .floodwayonthe sitepla.n.
Adrain3,~edevel(}pillelltpe~mit ..i$.requiredptiortoanysi!ework. As part of paving .the. parking area,
submit. .adrainage..plan ..showing.any .challgesinflowpatterns.
The phase line shown ..18 .. only. Jorlandscapingpurposesand .notpaviIlg.
Note handicap.. ramp detailS including where the driveway..crosses the existing. sidewalk.
Show curb ..and pavementdetails.
Coordinate required Texas .. Highway DepartmentpermitJoranyworkdone within the right-of-way with
Assistant to the City Engineer Veronica Morgan at (4Q9) 764-3570.
Show. existing ..waterand.sanitary sewer .1ines~
WATERlWASTE.WATER:
If theexistingserviceisrelocated,it.mustbeplacedunderground. Coordinate relocation with Electrical
Operations ..Coordinator ..Tony Michalsky .at(409) 764-3660.
Showu tilitypole locations.
G.T.E.:
If theelectricalserviceis,relocated ,theapplicantisresponsibleforprovidingc0nd uit . fo r. telephone service.
CoordinateaetailswithG.T.E.RepresentativeLaverne. Akin at . (409) 821-4 723.
SUBMIT to. COPIES OF THE REVISED SITE PLAN BY FRIDAY, MARCH. 26, 1993 TO BE INCLUDED IN
THE PLANNING AND ZONING COMMISSION <PACKETS FOR THE MEETING . OF APRIL 1, 1993.
,f'
AGENDA ITEM NO. 3: Public hearing to consider a conditional use permit request for a tutoring
center tobelocatedat301-DPatricia in the Northgatezoning district (93-700)
StaffPlannerKu:~nzelpresented the staff report At the time..thefirst conditional use permit was
considered, there had been a. concern for parking.. The center supplies. 25 parking spaces, which is
actually more tha G. mostothersitesin the Northgate zoning district. The zoning ordinance gives the
project review committee discretion to require parking when possible; however, unlike other
commerciald.istricts, there are no predetermined requirements for parking. IT the center were in a
C-l district, it would have to supply 32 parking spaces. A maximum of twenty-five percent of the
totalleasablespace\Vould. then be allowed to be used for intense purposes. Twenty surrounding
property owners \vere notified of the request with no response.
Chairperson Ha\\J thorneopened the public hearing.
Applican~ .G€eorgr~: Sopasakis approached .the Commission and .referenced his letter submitted with
the conditional .u;e permit .. application. " The . present. traffic. of the. existing tutoring facility indicated
that onth~.average, there are 15% of vehicle customers, 30% of bicycle and 55% of walk in
customers. ...The other businesses located in the. same center include Burger Boy, a bicycle food
deliveryJ:>peration,andVarsity Hair Shop, which closes at 5:00 p.m., and the .ATS Group currently
opera~in~ at409:) its capacity. The PClrking lot can accommodate 28 cars and there are 6 extra
spaces .onBoyett. Street.
Representative cf A. & MPresbyterian Church, W.. P. Worley, approached the Commission and
stated. that there are parking problems in this area especially in the evening. He stated that the
churchisnolnecessarily in opposition to the proposed use; however, there is not enough parking
available tqaccommodate the increased. traffic. . Mr. Worley stated that his main concern is having
the city IOOlc8ttheparking problem of the entire Northgate area.
Mr.Sopasatd~ sLlted that the tutorinK cel}ter .\Vill 'not be _open on Friday and Saturday evenings
excePtduring,final exams. He added that his proposed hours of operation will be from 6:00 p.m. to
10:OOip.m.
Paul Clarke, an uwnerofproperty that abuts this site, approached the Commission and stated that
he dQ~snot OPpcise the proposed use and that he has plans to provide more parking in the area.
Chairperson Ha\\/thorne closed the public hearing.
CoWII1issioI1er H:lll stated that the traffic in this area is a problem and it would be to the applicant's
adv~.Il~~ge ,to. no . open. before 6:00 p.m. He added that the city needs to be mindful that the
; Notf~g~~e~rea n.~edsparking and the problem is only getting worse. Commissioner Hall moved to
. apP~9~~;[;tp~ conditional use permit request by George Sopasakis to allow a tutoring center to be
locate:d"at 301-[ Patricia in the Northgatezoning district. Commissioner Gribou seconded the
motion. '
Commissioner Herring stated that the Northgatearea is currently over saturated with parking and
the applicant'ses timate.ofvehicle traffic is low.
The motion to aiJprove the conditional use permit passed, (6 - 1); Commissioner Herring voted in
opposition. to. the motion.
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AGENDAITEMNO..4:....P..U....b...........l.i.C......~.....ann..~.~. ...'.......to........co.. DSI..d. .er.~.....a. co...... . ~~,al. ....us.. e pe...rm...it...request. for the use
only ofa vet ClinlCto be located~~3 .. ers lJme.. . - 01)c:r~~76J3
StaffPlapner Kuenzel presented the staff report and stated that the project revi~w committee has
not y~tteviewedthisproposalbecausethe applicant has chosen to submit a. use only request. The
site plan will need Commission approval as well but will be submitted at a later date.
p, &Z Minutes
January 21, 1993
Page 2
J
Staff Planner Kllenzel stated that the land use plan for this area has been the subject of recent
study with the 2818 Extension Report. City Coul1cilhas approved office-commercial for this
particular area. Currently, a few <single family homes still exist. There are two homes to the east of
the subject site, <:lnd several to the west. Sixteen surrounding property owners were notified of the
request with one call in op,position from the abutting neighbor to the west.
Chairperson Ha\thorne opened the public hearing.
Pat Siegert of 8701 Chippendale, approached the Commission and spoke in favor of granting the
conditionaluse}ermit.Hestated< that; he is the broker who is handling the transaction of the
subJect property and has listed the adjoining property to the east. . A vet clinic is appropriate for
thisareaallclthctwoneighbors to the] east are in favor of granting the conditional use permit. Mr.
Sieg~rt stat~~lthlt the property owner t~tl1e west, Me. Jordan, has an office number listed in the
phone book at hiS home addressandj~working out of his home.
Representative of thecurrentowner.f\lt9n Ofczarzakapproached the Commission and stated that
he is favor oftht> proposed conditio.na~ ll~epermit. .He stated that the current home is too close to
the street . t9 . be: used. as a residen~Fii~nd. that a commercial use is more appropriate. The
neighboring property owner, Mr. Jordan~iscurrently operating a business out or his home.
Applicant Maxine Stilesapproachedth~>ConilTIission and'stated that her business would be low
volume' andprirr:arily.. catand..dog care......:ii~s.Stiles statedthat,'she...will bring . the site ...up .to. current
codes and s~illmaintain theresidentialc~aracter of the neighborhood. -:Anim.alswillbekept inside
thebuilc.ling':,and large>animalswilI1;lcJt;,!ioe . treated at the proposed clinic. The basic hours of
operation will be from' 7:00 a.m. to 6:0p.p.m.
Paul Clarke of (larke and Wyndham Re~ltyapproached the Commission and spoke in favor of the
conditional usep~rmit request.
John Jordan 'of .' '1.17 Millers Lane approaphed the Commission and stated that he is not operating a
business out: of:lis home. He does have a personal office in his home; however, there is never
anyone outside (r his familythatgoesil1to the office. (Mrs. Bertrand verified that there is never
any com Il1ercial I Llsinessoperations atihishomc.) Mr. Jordan informed the Commission that he has
lived in this : pon': e fortwelveyearsa~d;hascontinuously improved the property. He is concerned
with the jconlinucd . pressure of. commerci~luses in this strictly residential area. A vet clinic located
next door to:his lome will negativelyiInp:~cthisproperty value.
Chairperson Ha\\thorne closed the..putdic:hearing.
>CommissionerHi,,~rringmoved to apprpve the conditional use permit request by Dr. Stiles for the
use o~lyqfa.vet clinic to be located af 1~3 Millers Lane. Commissioner Lane seconded the motion.
CommissionerH all stated that he understands Mr. Jordan's, concerns . and suggested that the'
Commission restrict the number of animals that can be boarded at this facility. He stated that by
limiting the Ilumlerofanimals boardeqafter hours, there will be lessofa noise problem.
Dr.Stilesinformf~dtheCommissionthatboardingispartof the vet services she plans to provide;
however,it will not be the primary bu~in~ss. Th~houses are distanced far enough apart that there
should not be;a }ifoblemwithnoise. I)r.!iStiles added that there is no way that she can predict how
many cages that ~ he will need for boarding purposes. -'
,.
f)
Commissioner H:tll moved to amend the origin~l motion to limit the boarding of overnight and
weekend healthy 'lnimals to15.The'amendmentoi~ddue to lack of a second.
Theorigfnal.moionto approveu.the<c()ndition~l~se permit passed, (5 - 1 -' 1); Chairperson
Hawthorne ahstainedfrom voting and Commissioner: Hall voted against the motion.
P& ZMinutes
January 21, 1993
Page 3
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Billy Lyons approached the ~omn:ission and explained that he isthecontractoJ. ':Vho built the
church. He stated that two sIte plans were drawn up through the. process;oIle wIth a wooden
fence and one without. The site plan approved in 1990inc1uded the fence; however, he and the
church thought that the site plan without the fence was approved. It was not until final inspection
that he was made aware of the. fence requirement. A wooden fencewas.never included in the
l~ . church budget.
Barbara. Davis of 1203 Detroit Street informed the Commission that she talkeclt.With the neighbors
on~ither side of the church and they agreed that a fence should not be installed. A fence
surroundin'g the church would encourage vandalism and crime.
Norris Fosisilier of 1122 Phoenix Street approached the Commission and stated that he would
prefer not to have the fence installed. . .t;;:y,. ...
~ommis.sioner . Hall . question~d Pastor Blake. if . he . woul~b~aIl1enableto i~.g;f:.'~hrubs ~l~ng
eIther SIde of the church dnveway that opensontoPhoenlX Street. The. aU(11tlOnal landscapmg
would enhance the property and help the adjacent . single family homes maintain their privacy
without the use of a fence.
Pastor Blake stated that the proposed shrubbery would be acceptable.
Chairperson Hawthorne closed the public hearing.
Commissioner Hall moved to allow the church to work with staff on the. installation of a
landscape buffer along the church driveway between 1122 and 1118 Phoenix s tie et in place of the
wooden fence .requirement around the perimeter..ofthe church. Commissioner Gribou seconded
the motion which passed unopposed (6 -.0).
AGENDA ITEM NO. 3: Public hearing to .consider the site plan for. a .col1ditionaI use permit
request for a veterinarian clinic to be located at 123 MillersliLne. (93..710)
Staff Planner. Kuenzel presented. the staff report and stated. that. this area hasb~en. the subject of
recent study with the F. M. 2818 Extension Report. City Councilhas approvecloffice-commercial
for this area. Currently, afew single family homes still exist includingtwoh()Il1es to the east of
the subject site and several to the west. On January 21, 1993, the Commissionigranteci the use of
this property as a veterinary clinic. All site plans for use permits must al~8,come. before the
Commission. The Commission has the discretion in these cases to requiresc~77ning of this site
from adjacent residential property. The applicant believes that the neighbor,t()'thee'ast will not
wish to have a fence installed, whereas the neighbor to the west will want to see one installed.
The proposed sign is 38 square feet; in a C-l GeneraICommercialdistrict,a;signof 100 square
feet would be allowed. The proposed sign will be moved out of the state right-of-way. Staff
recommended that the sign stay. within the requirements of a commercial district.
Chairperson Hawthorne opened the public hearing.
John Jordan of 117 Millers Lane ;approached the Commission and requestecl'that a landscaped
buffer be installed along the west property line of the proposed clinic to buffer the site from his
home. Mr. Jordan stated that he does not feel a fence is necessary and that he would be willing
to work with the applicant on installing taller shrubs as a buffer. _
Chairperson Hawthorne closed the public hearing.
Commissioner Gribou moved to approve the site plan for a conditional useperInit granted for a
veterinary clinic located. at 123 . Millers Lane withalls~aff and Project:({eview Committee
recommendations in addition to the vegetation buffer along the west side of t~~property per Mr.
Jordan's request. Commissioner Herring seconded the motion which passed unopposed (6 - 0).
P &Z Minutes
April1,. 1993
Page 2