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HomeMy WebLinkAboutMinutes-- ~. MINUTES April l8, 1995 7:00 P.M. MEMBERS PRESENT: 1VIEMBERS ABSENT: STAFF PRESENT: Zoning Board of Adjustment CITY OF COLLEGE ST~~TION, TEXAS Chairman Birdwell, .Members Sawtelle and Rife and Alternate Member Alexander and Ochoa. Members. Hollas and Poston and Alternate Member Blackwelder. Senior Planner Kuenzel, Planning Technician Thomas, Staff Planner Dunn and Assistant City Attorney Shively. AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board. Chairman Birdwell called the meeting to order and explained .the functions. and limitations of the Board. AGENDA ITEM NO.2: Approval of minutes from the meeting of March 21,1995. Mr. Ochoa moved to .approve the minutes from the meeting of March 21; 1995 as written. Mr. Sawtelle seconded the motion which passed unopposed (5 - 0). AGENDA ITEM. NO.3: Consideration of a special exception request to allow for the expansion and reconstruction of an existing. non-conforming use at Soil Analytical Services, Inc.,: 415 Graham Road. Applicant is Vickie Deuel for Soil Analytical Services, Inc. Staff Planner Dunn presented the staff report and stated that the current use of the property is a soils laboratory. The subject property is non-conforming in terms of current parking and landscaping standards. A portion of the parking and driveway surfaces consists.. of gravel without curbing, striping or landscaping. The property was annexed into the City in 1992, at which time the existing conditions and. standards retained non-conforming status, or were "grandfathered" until further expansion or changes. were proposed. The applicant is proposing.. an expansion of 1;144 square feet totaling 18.6% of the total area. The market value of the existing building. B .proposed for reconstruction is estimated by a professional appraiser to be $75,000. The reconstruction cannot exceed 60% of this value or $45,000...The Zoning Board has the authority to grant a special exception to allow the expansion of anon-conforming use or structure when the Board :finds that the. expansion is necessary and does not exceed 25% of the existing area of non- conformity. The. Board also has the authority to allow the reconstruction of an existing non- conforming structure, when it finds that the reconstruction does not incur a .cost exceeding 60% of its appraised value. Special conditions and hardships need not be .found to grant a special exception. 'Ten surrounding property owners were notified with one inquiry. Chairman Birdwell opened the public hearing. Applicant Vickie Deuel approached the Board and was sworn in by Chairman Birdwell. Estimates for the proposed reconstruction of building B are still being obtained however the metal siding for the building is estimated at $7,000. Ms. Deuel stated that reconstruction includes r ~ metal siding, floor .tiles,: air conditioning system, :roof and relocation of interior walls: The reconstruction should be well under the linut of $45,000: The existing gravel parking lot will probably be paved with the.. improvement of the site: There. are thirty-two employees at Soil Analytical, twelve -are full time and the remaining are students. Ms. Deuel stated that the company deals mainly with larger companies so there is little customer traffic. She stated that she ~~ has no objection to complying with the landscape ordinance if required;. however, no one else in that area has complied. Ms. Deuel informed the Board. that she submitted a final plat for the property as required by ordinance. Chairman Birdwell_closed the public hearing. Mr. Sawtelle expressed .concern of not requiring the applicant to at least comply with. the landscape ordinance and the minimumnumber of parking spaces. The Board should require the property to be brought into compliance and to the standards of the. City since it is now a part of the City... Mr. Sawtelle stated that there is a-residential neighborhood near this property and the Board should help in establishing an acceptable blend between .industrial and residential uses. It will be in the-best interest of the applicant to bring the property. up to code and will help. them in _ establishing higher property values in the future. Mr. Sawtelle stated"that the Board should also see the estimates- and appraisals for the property to determine if the project complies with the limits outlined in the. ordinance. Chairman Birdwell stated that he sees no basis for turning the special exception request down since it meets the ..provisions of the ordinance. Mr. Ochoa moved' to authorize the enlargement of` a building devoted to aanon-conforming use where' such enlargement is necessary and incidental to the existing. use of such building. and does not increase the area of the building devoted to anon-conforming use more than 25% and does not prolong the Life of the non-conforming use or prevent a return of such property to a conforming use; and, to allow the 'reconstruction of anon-conforming .structure on the lot occupied by such structure as the. cost: of reconstruction is less than_b0% ofthe appraised value of '' the structure not to exceed .$45:000 and. because the reconstruction .would not prevent the return of such property to a conforrrung use or increase he non-conformity: Mr.' Rife seconded the motion which passed` (4 -1); Mr. Sawtelle voted in opposition to the motion. AGENDA ITEM NO.4: Other business. .There was no other business. AGENDA ITEM NO. S: Adjourn. Mr. Rife moved to adjourn. the meeting of the Zoning Board. of Adjustment. Mr. Ochoa seconded the motion which passed unopposed (5 - 0). APPRO hairman, Dick Birdwell TT P ' g ec ian, atahe T ' omas - _ _ __ ____ __ ___ ZBA Minutes. April l8, 1995. Page 2 of 2 a { Chairman Birdwell opened the public'hearng. 7 Applicant Charles Szabuniewicz of 3801 Fifth Street in Bryan,. approached the Board- and was sworn in by Chairman Birdwell He stated that he tried to contact the owner of the lot next door to combine the two lots so that a variance would not be required; however, the Brazos County Tax Office does not have a current address for the owner so he was not able to contact them. Chairman Birdwell closed the public hearing. Mr. Ochoa moved to authorize a variance to the minimum front and rear setback requirements from the terms of Ordinance Number 1638, as it will not be contrary to the public interest, due to the following. special- conditions: the .small size of .the existing lot is prohibitive to R-1 development; and because a strict enforcement. of the provisions of the ordinance would result in unnecessary .hardship to this applicant being;. physical constraints as a result of the historical development of this area make conformance to current ordinance requirements. impossible and impractical.; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following. limitations: all other ordinances be observed. Mr. Rife .seconded the motion which passed. unopposed (5 - 0). AGENDA ITEM NO. S: Consideration of a special exception request to expand the existing non conforming use located at 1841 Graham Road, Dr. Deanna Fiske's Veterinary Clinic, to allow an expansion to ,the building. Senior Planner Kuenzel presented the staff report and informed. the Board that the parking lot is non conforming in terms of design standards and landscaping. The existing building totals 2,520 square feet and. the applicant is .proposing an expansion of 600 square feet for a total of 23.8% increase. Seven surrounding property owners were notified with no response. Chairman Birdwell opened the public hearing. Applicant, Dr. Deanna Fiske of 1841 Graham Road, approached the Board and was sworn in by Chairman Birdwell She informed the Boardthat the proposed. expansion is for',a larger surgery facility and intensive care unit. Dr. Fiske stated that the clinic operates on an appointment only basis so there should never be the need for .additional parking.. She stated that the clinic is different from other facilities in town in that they do not have walk in traffic. Chairman Birdwell closed. the public hearing. Mr._Rife moved to authorize the enlargement of a building, devoted to a non conforming use where such enlargement is necessary and incidental to the existing use of such building and does not increase the area of the building devoted to a non conforming use more. than 25% and does not prolong the life of the non conforming. use or prevent a return of such property to a conforming use. Mr. Hollas seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 6: Consideration of a special exception request to expand the existing non conforming use located at 415 Graham Road, Soil Analytical, Inc. to allow the addition of a storage building. Staff Planner Dunn presented the staff report and informed the Board that the subject property is non conforming. in :terms of current parking and landscaping standards. A. portion of the parking and driveway surfaces consist of gravel without curbing, striping or landscaping. The property was annexed into the City in 1992, at which time the existing conditions and standards retained non conforming status, or were "grandfathered" .until further expansion or changes were proposed. ZBA Minartes Jirne 20, 1995 Page 3 of 8 Staff Planner Dunn stated that on April 18, 1995, the Boazd granted a special exception to allow Soil Analytical to expand its non conforiing facility by 18% as well as to reconstruct one of the. existing buildings as long as-the reconstruction did not exceed 60% of the building's. appraised. ~-~>~ value. Since. that .time, the applicant has deternuned that there is a need for a larger storage area than. what was proposed. in the previous request. Therefore, this special exception request would increase the total area of expansion from the previously approved 18.6% to 24.1%. Ten surrounding property owners were notified with no response. Chairman Birdwell opened the public hearing. Applicant Vickie Deuel approached the Board. and was sworn in by Chairman Birdwell. She stated that the. storage building was for storage only and- that electrical service. is not planned for the building. The additional space is needed for supplies and. record keeping. Chairman. Birdwell closed the. public hearing. Mr. Ochoa moved to authorize the enlargement of a building devoted to a non conforming use where such. enlargement is necessary and incidental to the existing use of_such building and does not increase the area of the building devoted to a non conforming. use. more'than 25% and does not. prolong. the life of the .non conforming use or prevent a return of such property to a conforming use. Mr. Holias seconded the motion. which passed unopposed (5 - 0). AGENDA ITEM N0.7: Consideration of a sign variance request to allow the relocation of the existing fuel price sign at 425 Texas Avenue South, Jim's Food Mart at the northeast corner of Texas Avenue and University: Drive. Staff Planner Dunn. presented the staff report and informed the Board that the. applicant is requesting a smaller setback distance from the curb to allow for the relocation of the existing. fuel price sign. The applicant proposes to relocate the. sign to the southeast corner of the lot, or to the "right side" of the University Drive access drive. The sign relocation would decrease the setback ~~ of the existing fuel .price sign from 28' to 14.5' from the curb, thereby requiring a variance of 13.5'. The main special condition in this case is the Texas Department of Transportation's (TX DOT) widening. of Texas Avenue. The existing .fuel price sign is located within the .proposed widening area, thereby requiring. relocation. to another area on site. The applicant believes .that gas. sales would be reduced by over" :$20,000 .per year if the fuel price sign is not visible to University Drive. The applicant and staff have determined the following alternatives to the proposed relocation: (1) Place an attached sign on the building face. This alternative would not require a variance; however, the applicant feels. that. this altogether prohibits the free standing sign that was granted under a previous variance request. (2) Place the sign in an existing parking 'island located adjacent to the building. This alternative would also not require a variance; however, the applicant feels that this location is prohibitive and would not provide any more visibility than "a sign attached to the building. . (3) Place the sign to the southwest or "left side" of the University Drive access drive. This alternative would require a greater setback. StaffPlanner Dunn informed the Board that in the past, the surrounding gas stations,have brought similar cases. before the Board. At the November 19, 1991 meeting,. the Board.granted a request to decrease the area of the then non conforming fuel price sign from 67 square. feet to 48 square feet,, which was a variance. to the ordinance requirement of 16 square feet. Since that. time, Exxon occupied the site and constructed a new fuel price ign of 40 square feet, located the' minimum 28' from the existing curb. Twelve surrounding property owners were notified ofthepublic hearing. with no response: ZBA Mirzutes June 20, 1995 Page 4 of 8