HomeMy WebLinkAboutMiscellaneous08/18/95 12:26 $708 475 6820 ALPHA-PHI INT'L
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08 X8/95 12:26 $708 X75 6820 ALPHA PHY INT'L
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Alpha Plu Fax
Alpha `Fhi In~~rnatian~.l Fral:ernity
1930 Sherman ~venu~, Evanston} IL 6Q201
7QS-X75-0db3. fax ~~~-~~5-~~~~
From: ~~, ~ ` ~'`"~ ' l]atc: g~l~~ 9S
I~umbcr of Pales in~ludtng the cover psge: ~
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August 28, 197.9
TO WHOM IT MAY CONCERN:
This is a notification. that an applicat-ion for a Conditional Use. Permit on
a parcel of land located within 200 feet of a property owned by you has been
received by the City of College Station and will be considered in a public
hearing at the 7:00 P.M. meeting of the Planning and Zoning Commission on
Thursday, September 6,.1979.
The application is in he name of the Alpha Phi Sorority, 1302 Munson ,Avenue,
College Station, Texas. The applicant requests a revision to its Use Permit
granted on June 15, 1978 for the operation of a sorority house at the above
location. The requested revision would allow for an expansion of the exist-
ing structure and additional parking space.
The hearing will be held in the, Council Room of the College Station City Hall,
1101 South Texas Avenue.
For additional information, contact the office of the Director of Planning,
713-696-8868.
Albert 0. Mayo, Jr.
Director of Planning
~„ed by Joey Dunn
8/22/95 5:18pm
From: Roxanne Nemcik
To:~ Jane Kee, Joey Dunn, Tom Brymer
Subject: fwd: fraternity house
===NOTE===-------=====8/22/95==9:14am=====__==__=________=__________________
On August 22, 1995 at approximately 4:45 p.m., I spoke to you concerning a
question you had regarding a fraternity house. Specifically, you inquired
whether it was a change of use for a sorority house to change to a
fraternity .house.
FACTS:
You stated that Chuck Ellison is representing a fraternity house that has
already leased a building that had been permitted as a sorority house in the
1970s. You stated that Development Services had to send out notices by 5:00
p.m. on the 21st..
DISCUSSION:
I informed you that in order to get an opinion on this issue you needed to
send a RFLA including all the prior permitting information and the current
application .and any other information you believed relevent to this issue.
However, I did discuss this briefly with you because it raised several
questions in my mind that I believed Development Services should consider
and address in submitting a RFLA. The main questions were:
1. What was the distinction between a fraternity and sorority?
2. How did the ordinance classify the use?
3. What was the impact of the alleged change in use?
I also cautioned you that this issue potentially raised a sexual
discrimination issue.
If you decide to require repermitting on this fraternity house I would
recommend that you send up a RFLA and get a legal opinion since the
fraternity is represented by an attorney.
Fwd=by:=Jane=Kee======8/22/95==9:37am_______________________________________
Fwd to: Jim Callaway
BCC.: Jane Kee
..................... .. ....... ............... .. .........................
FYI - I raised the question of•feeling uncomfortable letting a fiat go in
where it was clear in the record that the location was for a sorority. Joey
and I talked about it after ha had visited w/Roxy and finally seemed to feel
more comfortable not having them go thru the CUP process. This is one of
those we lose no matter what. If legally we couldn't require a CUP we look
bad to any concerned neighbors. If we did go for the CUP and find out it's
not legal we look stupid.
We weren't avoiding the RFLA but we had to make the decision right away and
felt like there might be some discrimination issues. Roxy's tone according
to Joey seemed to support that as well, although she did not give a legal
opinion. We may go ahead and send a RFLA anyway to get the research. Who
knows - maybe we'll discover that. we could have required a CUP.
Page: 1
__
Printed by Joey Dunn 8/22/95 5:18pm
Fwd=by:=Jane=Kee======8/22/95==5:07pm_______________________________________
Fwd to: Jane Kee, Joey Dunn, Sabina Kuenzel
Tom•just•called.Elrey•and~told•him•to•tell•us~to.go•ahead•and.feel~empowered
to call leagl when we have time crunches and need advice and then just
follow that with a RFLA. Where has he been? You guys prepare a RFLA. I
think the answer to this .question is one we should have. Anyone want to bet
on the outcome?
Page: 2
REQUEST FOR LEGAL ASSISTANCE
Research ^
REQUEST FOR ASSISTANCE SUBMITTED BY: Joey Dunn, Staff Planner Advice ^
DATE: August 25, 1995 Ordinance
Writing ^
DIRECTOR APPROVAL:
Contract
DEADLINE AND EXPLANATION THEREOF: Writing ^
This is a follow-up .request for,legal adv and research regarding the application of a
conditional use permit fora sorority house to a subsequent change to a fraternity house.
The planning staff did_not require a reconsideration of the original conditional use permit.
However, we request legal adv~ within the next couple of weeks, as we will receive
inquiries from surrounding. property owners regarding the change of use. Property
Acquisition
~1
EXECUTIVE MEMBER APPROVAL:
~i a
,~ ~
~~~
EXPLANATION OF~ACTS:
Litigation/
Potential
Litigation ^
A request was rec ved on August 4, 1995 from the Alpha Phi Sorority to allow a fraternity, the Epsilon
Omega Chapter Alpha Phi, to locate in the existing sorority house. The house is located at 1401 Athens
rive, Lot 1 of G een Village Phase One (refer to rnap). The sorority use was considered and granted by the
Planning & Zon.' g Commission on April 6, 1978 as a conditional. use within. the R-6 High Density Apartment
zoning district~`In August of 1979, the conditional use permit was revised to .include an expansion of the
building. The current request was for a change of use only, without any alteration to the building.
On August 22, 1995 at approximately 4:45 p.m., 1 spoke with Roxanne Nemcik concerning the above
request. At that time, Chuck Ellison was representing the fraternity that had already signed a lease
to move into the house the week of August 21-25, 1995. Subsequent) the planning staff decided
not to require another revision of the original conditional use. permit.. ,, ``.. ~
i'"'~ ~ 1
'~,
EXPLANATION OF ISSUES: N~"" -
.Previous complaints and code-enforcement requests in the past have indicated that the surrounding
property owners to-the subject site are highly sensitive to the nearby sorority houses with regard to
parking, conge/+stioln, noise, and other. nuisance issues.. /} !, J/ p \ ~
Ong c.~.6.v(~_c~ p~G+.:%t"~-~~cn.~.~ f,~e.uc- ~, ~ lE'~-icy e~.k. u~-..,~CX ~ ~? Si.fi,. ~~. t,~i ~`°s~~! J-~'
-t~f~-l'~'L (A.~ "C+ ~a s,~. h k ~yL2~t `~ i5/t~1 f
QU STIONS R GARDINC~ TH ~SyES: ~ ~~ ~~_ 1-G~t-~ ~~~ ~~~
1. I ~ 'ems between a fraternity and sorority other than s~
4. ~
js/c/forms/assist
08/25/95
STAFF GOAL ON THIS REQUEST:
The punning staff needs legal research and advi a available within the next couple of weeks, should
we receive inquiries from concerned property owners, as well as, more requests from other
fraternities to locate within ot~ ~existin sorority h~o~uuses. (~ p~~~~ use w~r~,~iJ~p ~?
~.
SUPPORTING DOCUMENTATTQN: L~ ~ ~~ ~O ~'~~ 8'~-c..
• "U
1. Location Map /~~G~%r,~j p~ e~I~
ryN~t~
2. Conditional Use Permit Application
3, Planning 8~ Zoning Commission Minutes from April 6, 1978
4. Notice of revision to original CUP for bldg. expansion dated August 28, 1979
ATTORNEY REQUEST FOR ADDITIONAL INFORMATION:
ATTORNEY:
DATE:
LEGAL DEPARTMENT RECOMMENDATION
ATTORNEY RECOMMENDATION:
EXPLANATION OF LAW:
RANGE OF OPTIONS:
ATTORNEY:
DATE:
:,r
js/c/forms/assist
08/25/95
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AUG-lE-1995 16 27 FROM EAREARA THOMAS TO 14097643496 P.02
1Vlinimum Requirements:
Receipt for f ling fee {~ 150.00 or $75.00 for in-house child care -min, 7 children).
Sixteen (16) copies of site plan which includes requirements for. site plan proposals as listed on
attached sheet. This site. plan will go to P_R.C. for review, after which thirteen {I3) copies of
revised site plan wial be required:
Detailed explanation of proposed use i.ncludi.ng hours of operation, anticipated traffic, number of
employees, number of students, children, church members, etc., as applicable.
If sign i5 planned for project, site plan should include sign elevation and details: If sign
details are. not included on plans submitted with this application, any future. sign may have to be
considered as a separate conditional use permit and all of the above requirements must be
repeated.
Other information may be required by the Planning Staff
APPLICATION WILL NUT BE CONSIDERED COMPLETE WITI~OUT THE FOLLOWING
INFORMATION ADDRESSED:
(1) Indicate whether or not this proposed use /site plan meets all minimum standards in the Zoning
Ordinance. If it does azot, explain why.
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(2} Indicate how this proposed use and site plan comply with the purposed and intent of the City's
(3) Indicate how. this use. and site plan. will not be detrimental to the health welfare, and safety of the
surrounding. neighborhood.
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