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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
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P ' g ec ian, atahe T ' omas
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ZBA Minutes. April l8, 1995.
Page 2 of 2
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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