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HomeMy WebLinkAboutMisc10/09 '99 17:13 FAIL 409 693 4243 M D G MUNICIPAL DEVELOPAHNT GROUP 2551 Terns Ave. South Ste. A . College Srori on, Texas 77840 •409 693-5359 - FAX. 409 693-4343 - Finalh mdgcs(@gte.com Consulting Engineers, Surveyors, Planner; and Environmental ConsuhanEs September 10, 1999 Sabine McCulley, Senior Planner City of College Station Planning Division 1101 Texas Avenue South College Station, Texas 77842 RE: Marie Kelley Zoning Enforcement Matter 819 Texas Ave. South MDG Project No. 000589-3233 Dear Sabine: Thanks for taking the time to discuss this matter with me today. It is my understanding that you agree that the driveway is not "new", and have ceased the enforcement activity. I realize that things are hectic and you have not been able to issue a letter to Ms. Kelley yet, but we do hope we can get one to her within the next week or so . You needn't reply to this letter unless I have misunderstood something. Sincerely, Grego K. aggart Vice President GT/sr Z002 some g. _J 1-~ A 11A J cl~ -~o -0 k.p 000589-c.16-63(3223) Page Br d ette Geo e - Re: New Develo .merit. From: Tony Michalsky To: BGEORGECCITY OF COLLEGE STATION.CITY HALL Date: 4/6/99 9:45AM Subject: Re: New Development Sinquefield / Whitfield Subdivision (99-216) No comments Soul Works (99-416) We would like a 10 ft PUE along Lincoln St. We have an overhead electrical line the crosses the rear portion of the property, we would like to work out an easement route for this line. ( Along the east and north property lines.) Covenant Family Church (99-417) No Comments Bridgette George 04/01/99 08:28AM Attached is the list of new development for this week. Thank youl Bridgette George :o) Development Services Asst. Development Coordinator (Ext. 3458) 4 SUBMIT APPLICATION AND THIS LIST CHECKED OFF WITH 10 FOLDED COPIES OF SITE PLAN FOR REVIEW SITE PLAN MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: ❑ 1. Sheet size - 24" x 36" (minimum). ❑ 2. A key map (not necessarily to scale). ❑ 3. Title block to include: ❑ Name, address, location, and legal description ❑ Name, address, and telephone number of applicant ❑ Name, address, and telephone number of developer/owner (if differs from applicant) ❑ Name, address, and telephone number of architect/engineer (if differs from applicant) ❑ Date of submittal ❑ Total site area ❑ 4. North arrow. ❑ 5. Scale should be largest standard engineering scale possible on sheet. ❑ 6. Ownership and current zoning of parcel and all abutting parcels. ❑ 7. Existin locations of the following on or adjacent to the subject site: ❑ Streets and sidewalks (R.O.W.). ❑ Driveways (opposite and adjacent per Driveway Ordinance 1961). ❑ Buildings. ❑ Water courses. ❑ Show all easements clearly designating as existing and type (utility, access, etc.). ❑ 100 yr. floodplain and floodway (if applicable) on or adjacent to the proposed project site, note if there is none on the site. ❑ Utilities (noting size and designate as existing) within or adjacent to the proposed site, including building transformer locations, above ground and underground service connections to buildings, and drainage inlets. ❑ Meter locations. ❑ Topography (2' max or spot elevations) and other pertinent drainage information. (If plan has too much information, show drainage on separate sheet.) ❑ 8. Proposed location, type and dimensions of the following.: ❑ Phasing. Each phase must be able to stand alone to meet ordinance requirements. ❑ The gross square footage of all buildings and structures and the proposed use of each. If different uses are to be located in a single building, show the location and size of the uses within the building. Building separation is a minimum of 15 feet w/o additional fire protection. ❑ Setbacks. Show building setbacks as outlined in Ordinance 1638 Zoning Ordinance, (Section 7, Table A). ❑ Off-Street parking areas with parking spaces drawn, tabulated, and dimensioned. Minimum parking space is 9' x 20', or on a perimeter row 9' x 18' with a 2' overhang. Designate number of parking spaces required by ordinance and provided by proposal. ❑ Handicap parking spaces. SITE PLAN CHECKLIST 1 of 3 SITECK.DOC 03/25/99 • r ~ ~ 5 rye V~~r4 49? 6-nO A . oq(" Ae~4 An,& ~9f f r e Cl~ ~ l~h~~?Q G~ ~ ~ lJ? c WI-) lJ ttv& ,(Q(C~JUCU,I - nuee(a l0' u/7A fa-jil~ aPdm ~61 ~ ~6 /""7 • ~ccl ~ ca.~ ~ecfiu'crc~ ~ ~,~ccc~rrua`c ~ they Akp Tat O Vjj,Y ~o ewgye C1~ MUNICIPAL IDEVELOPMENT GROUP 2557 Taws Ave South, Ste. A - College Station, I Texas 99840.409-693-3359 -FAX: 409-693-4243 - EMA11.-4-1@ t0-Ret Engineering, FAX# 764 -_34 9G TO ing, Planning and Environmental Consultant . PAGES TO FOLLOW- DATE C_ . i/. , FROM If there is a problem with this trasmission, please call us at 409 693-5359 CON77DEN7WITYNOTICE. This facsimile message and accompanying communications and/or documents are intended for the excusive and confidential use of the individual or entity to which the messge is addressed COMMENTS G~ TOO [n 9 Q H CTZ1= C69 60f XVJ COLT 66, LO/9Z COLLEGE STATION P. O. Box 9960 1101 Texas Avenue College Station, TX 77842 Tel: 409 764 3500 Tuesday, June 29, 1999 Ms. Jacquelyn Marie Kelley 1101 Deacon Drive College Station, TX 77845 RE: Zoning Ordinance violation at 819 Texas Avenue South in College Station Ms. Kelley. I am writing to inform you of the status of the gravel parking lot that was recently installed on your property and to offer some options for compliance that are available to you. On June 8, 1999, Julie Caler and I conducted a site inspection after hearing that there had been a gravel parking lot installed on the south side of your property along the Lincoln frontage. You requested the gravel lot addition be considered site maintenance activity rather than new site improvement. You stated your belief that a gravel lot had always existed in the same location where the gravel lot is now, and that the rocky soil on the property as evidence in support of such belief. You also indicated that someone with the City Staff had some knowledge of a preexisting gravel lot on your property. In order to determine that the gravel lot is indeed "grandfathered" from meeting current parking lot requirements; -I must- have conclusive evidence of two fads: 1) that there has_ been a gravel lot in existence since before the City began requiring paved parking, and 2) that the use of a gravel lot has been maintained from that time to the present. To that end, I spoke with several Staff members who have been familiar with the site for a significant amount of time. I also reviewed the City's aerial-photograp >s, ch date from 1994 back before the City adopted-paving-requirements. In March of 1986, the City of College Station adopted Ordinance No. 1638, the Zoning Ordinance, which replaced an older ordinance. It was with this ordinance that the City began requiring asphalt or concrete parking lots only. I have found no evidence in the City's aerial photographs that a gravel parking lot existed on the south side of your property prior to 1986. I also found no evidence of any parking activity on this side of the property, regardless of the surface type. Because I can-find-no evidence to support that the two tests to establish nonconforming status have been satisfied; I must conclude that the gravel parking lot is in violation of Section 9.2 of the Zoning Ordinance (enclosed). In my opinion, there are several options available to you at this time. The. Zoninlg Ordinance does permit temporary gravel parking lots for a period of one year when permitted by the Planning and Zoning Commission- Enclosed please find a copy of the applicable ordinance section. Ordinarily, the Staff and the Planning and Zoning Commission review such site improvements before they are installed, not afterward. In this case, the Commission may opt to permit the gravel lot after its installation. You will be, responsible for any additional conditions that the Commission may Home of Texas A&M University choose to impose within a time period specified as part of the approval. At the end of the one-year period, the lot will need to be brought up to standards, or be returned to its original condition. A second option would be for you to submit a site plan showing the existing site conditions, and request a variance to the paving standards. The Planning and Zoning Commission would be the deciding body regarding the variance. In the past, the Commission has heard several variance cases and has denied them. In the event that you are successful in obtaining a surfacing variance, you will also be required to meet all other setback and dimensional requirements as set forth in Section 9.2. A third option would be for you to resubmit your original plans to install a concrete parking lot. It is my understanding that the size of your property may necessitate the need for setback variances and perhaps parking island variances. These would be heard by the Zoning Board of Adjustments. The Board has heard similar cases in the past and has granted many of them, especially on sites that predate existing ordinance provisions. If you choose any of the three options described above, our office will provide you with the applicable information and applications. There is one other option that is available to you. You may approach the City Council or the Planning and Zoning Commission and request that the City consider an amendment to the Zoning Ordinance. It is my goal to ensure that any new site work is conducted in compliance with all current development restrictions. Therefore, I must inform you of my intention to turn this matter over to Code Enforcement if you do not begin to make efforts to correct the Zoning Ordinance violations. Please submit a letter regarding your intention to bring the gravel parking lot into compliance, along with an indication of the option you intend to pursue, within 10 working days of receipt of this letter. After that time, this matter will be forwarded to Code Enforcement. Thank you, Sincerely, Sabine McCully Senior Planner attachments ou aui L L71 - Cc: Julie Caler, Code Enforcement Officer Jon Mies, Fire Marshall COLLEGE STATION P. O. Box 9960 1101 Texas Avenue College Station, TX 77842 Tel: 409 764 3500 MEMORANDUM April 7, 1999 TO: John Powell, P. O. Box 4365, Bryan, TX, 77805 FROM: Bridgette George, Asst. Development Coordinator t SUBJECT: Soul Works Site Plan and Predevelopment Meeting Staff was unable to complete the review of the above-mentioned site plan. There were items on the site plan checklist that were missing from the plan, therefore staff stopped their review. The following is a partial list of items that need to be addressed: There is a discrepancy in surveys (Kerr vs. TxDOT) for the Lincoln R.O. W that needs to be resolved; Note where the 6" raised curb will be placed around the new pavement; The two (2) parking spaces up front will need to be deleted so as not to interfere with the new driveway; One parking space will need to be changed to an end island; Replace the three (3) parking spaces that will be eliminated; Note on application the intended use of the new concrete area (i.e.: driveway for deliveries, parking, merchandise display, etc., - if it will be used for parking at all, it must be striped and the dimensions must meet the minimum requirements); Provide a drainage letter discussing the additional impervious cover; If the TxDOT survey is correct, you need to meet the following: a 6' setback from the property line on Lincoln for any pavement; Do not exceed 1,134 S.F. of pavement within the 24' landscape reserve measured from the property line on Lincoln; Provide a utility easement along Lincoln and on the east side of the property; and Meet the landscaping and streetscaping ordinance requirements; In order to resubmit and have the plan formally reviewed, please submit the following: Ten (10) copies of the revised site plan; and, Complete the site plan checklist will ALL items checked off or a brief explanation and to why they are not checked off; If there are comments that you are not addressing with the revised site plan, please attach a letter explaining the details. If you have any questions or need additional information, please call me at 764-3570. Thank youI Home of Texas A&M University MLWICIPAL DEVELOPMENT GROUP 2551 Te=Ave. SouA Ste. A 3College Sralfon, Texas ?7840 3409-693-5359 3FAX.' 409 693-42433E mail. ml v6@gte.ner Engineering, Surveying, Planning and Environrnental Consultants August 3, 1999 Mrs. Sabina McCulley Development Services City of College Station 1101 Texas Ave. College Station, TX 77840 Dear Mrs_ McCulley, I understand that a question has arisen about the parlang and yard areas around the building at 819 Texas Avenue. In the early 1960's David Mayo and I (Joe Orr, Inc.) had our offices in that building. The parldng area along the Lincoln Street side of the building was gravel and we used it for employee parldng. There was a graveled driveway area that led from Lincoln Street to the rear of the building. The edge of that area was ill defined, but there was ample room to maneuver our trucks to back up to the rear building entrance. Ail of these gravel areas had grass growing through them for much of the time that we used them. The tenants who preceded and succeeded us used these areas the same way that we did. Sincerely, l William F. KoAer MD IAtorbead.doc DG-1 Z000 9 Q X M1= C69 60f XVd 9Z : ZT 66, 80/$0 MUNICIPAL 2551 Texas Ave. South, Ste. A v College Star! Consulting July 26, 1999 Sabine McCulley, Senior Planner City of College Station Planning Division 1101 Texas Avenue City of College Station, Texas 77842 RE: Zoning Ordinance discussion -819 T Your letter of Jane 29, and July 191999. Ms McCulley. )EVELOPMENT GROUP Texas 77840 . 409 693-5359 • F,"- 409 693-4243 • E-mail- mdgcs@:gre. com Surveyors, Planners and Environmental Consultants Ave S. Our client in receipt of the above referenced letters, Based on your comments in your letter of June 29, 1999 i would hike to point out that we have aerial photographs dated 1981 which clearly show the existence of a gravel drive around this site. This parking area and drive was not constructed by our client, as your letter of July 19, 1999 suggests. The above information not withstanding, an reserving to our client every other avenue of redress which might later prove appropriate, she has elected to pursue ption three, as outlined in your letter of June 29, 1999. We will submit plans for installation of a concrete drive and pursue the setback and othernecewary variances through the Zoning Board of Adjustment process. In addition, we hereby appeal your decision t matter to erroneous. We wish to pursue this Thanks for your anention to this matter. Sincerely, Grego K T art Vice President GT/nm this gravel drive way is `,new," and do allege your deters inatiou in this ough the Zoning Board of Adjustment proce s as well. 000589 c. -12 (3223) 2000 D Q lK Mt C69 601% M CO:Lt 66, LO/9Z A I 4~0- - 06sy_~_Jlo a L COLLEGE STATION'k P. O. Box 9960 1101 Texas Avenue College Station, TX 77842 Tet 409 764 3500 Monday, July 19, 1999 Ms. Jacquelyn Marie Kelley 1101 Deacon Drive College Station, TX 77845 RE: Clarification regarding Zoning Ordinance violation at 819 Texas Avenue South in College Station Ms. Kelley: Yesterday I received your letter dated July 12, 1999, and believe that I need to clarify three points. I also at this time am notifying you that the City intends to proceed with code enforcement. The first is that, in the absence of evidence to the contrary, I have determined that you have installed a gravel parking lot on the southern portion of your property that had been previously undeveloped. It is irrelevant whether the area in question was well covered with grass. The gravel parking area of your site is in violation of Section 9.2 of the Zoning Ordinance, a copy of which was enclosed in my previous letter dated June 29, 1999. It appears from your letter that you are alleging an error in the determination that the gravel lot is a new parking lot. In order to pursue the reversal of this determination, you must present your case to the Zoning Board of Adjustment. I am attaching information and applications regarding this process. The second point that needs clarification is that it is my understanding that you and your contractor were given ample notice before any work was performed on the site that you would be creating a violation. -Veronica Morgan advised your contractor verbally on at least two separate occasions that you should not install any parking lot here without prior approvals. Natalie Ruiz also advised you and your contractor in person on two separate occuasions that you should not install a gravel lot. The third point is that in my previous letter, I requested that you submit a letter "regarding your intention to bring the gravel parking lot into compliance". Your responding letter did not include any indication that you intend to comply with the applicable ordinance requirements. Therefore, I request for the second time that you submit a letter regarding your intention to bring the property into compliance, and that you include your choice of options for compliance so that we may advise you further. Home of Texas A&M University I regret that I must now serve formal notice of the City's intent to file charges against this property. If you do not submit either the letter as requested, or a completed Zoning Board application with the $75.00 application fee, within 5 days from receipt of this letter, you will receive a citation. A Zoning Ordinance violation can be considered a separate offense for each day of violation, and each offense could cost up to $2000.00 a day, with a minimum fine of $25.00 a day. Thank you, Sincerely, d)" kK " Sabine McCully Senior Planner attachments Cc: Julie Caler, Code Enforcement Officer Jon Mies, Fire Marshall Natalie Ruiz, Development Coordinator (with letter dated June 29, 1999) Veronica Morgan, Assistant City Engineer COLLEGE STATION P. O. Box 9960 • 1101 Texas Avenue College Station, TX 77842 Tet. 409 764 3500 Tuesday, June 29, 1999 Ms. Jacquelyn Marie Kelley 1101 Deacon Drive College Station, TX 77845 RE: Zoning Ordinance violation at 819 Texas Avenue South in College Station Ms. Kelley. I am writing to inform you of the status of the gravel parking lot that was recently installed on your property and to offer some options for compliance that are available to you. On June 8, 1999, Julie Caler and I conducted a site inspection after hearing that there had been a gravel parking lot installed on the south side of your property along the Lincoln frontage. You requested the gravel lot addition be considered site maintenance activity rather than new site improvemeaL You stated your belief that a gravel lot had always existed in the same location where the gravel lot is now, and that the rocky soil on the property as evidence in support of such belief. You also indicated that someone with the City Staff had some knowledge of a preexisting gravel lot on your property. In order to determine that the gravel lot is indeed ",mod" fiorn meeting current parking lot requirements.Imust-have conclusive evidence of two fads: 1) that there hasU=-a gravel lot in existence since before the City began requiring paved parking, and 2) that the use of a gravel lot has been maintained from that time to the present. To that end, I spoke with several Staff members who have been familiar with the site for a significant amount of time. I also reviewed the City's aerial-photograp date from 1994 back before the City adopted-pavmg-requirements. In March of 1986, the City of College Station adopted Ordinance No. 1638, the Zoning Ordinance, which replaced an older ordinance. It was with this ordinance that the City began requiring asphalt or concrete parking lots only. I have found no evidence in the City's aerial photographs that a gravel parking lot existed on the south side of your property prior to 1986. I also found no evidence of any parking activity on this side of the property, regardless of the surface type. Because I can-find -no evidence to support that the two tests to establish nonconforming status have been satisfiedI must conclude that the gravel parking lot is in violation of Section 9.2 of the Zoning Ordinance (enclosed). _ In my opinion, there are several options available to you at this time. The. Zoning Ordinance does permit temporary gravel parking lots for a period of one year when permitted by the Planning and Zoning Conunissioa. Enclosed please find a copy of the applicable ordinance section. Ordinarily, the Staff and the Planning and Zoning Commission review such site improvements before they are installed, not afterward. In this case, the Commission may opt to permit the gravel lot after its installation. You will be. responsible for any additional conditions that the Commission may Home of Texas A&M University choose to impose within a time period specified as part of the approval. At the end of the one-year period, the lot will need to be brought up to standards, or be returned to its original condition. A second option would be for you to submit a site plan showing the existing site conditions, and request a variance to the paving standards. The Planning and Zoning Commission would be the deciding body regarding the variance. In the past, the Commission has heard several variance cases and has denied them. In the event that you are successful in obtaining a surfacing variance, you will also be required to meet all other setback and dimensional requirements as set forth in Section 9.2. A third option would be for you to resubmit your original plans to install a concrete parking lot. It is my understanding that the size of your property may necessitate the need for setback variances and perhaps parking island variances. These would be heard by the Zoning Board of Adjustments. The Board has heard similar cases in the past and has granted many of them, especially on sites that predate existing ordinance provisions. If you choose any of the three options described above, our office will provide you with the applicable information and applications. There is one other option that is available to you. You may approach the City Council or the Planning and Zoning Commission and request that the City consider an amendment to the zoning Ordinance. It is my goal to ensure that any new site work is conducted in compliance with all current development restrictions. Therefore, I must inform you of my intention to turn this matter over to Code Enforcement if you do not begin to make efforts to correct the Zoning Ordinance violations. Please submit a letter regarding your intention to bring the gravel parking lot into compliance, along with an indication of the option you intend to pursue, within 10 working days of receipt of this letter. After that time, this matter will be forwarded to Code Enforcement. Thank you, Sincerely, I-if" Sabine McCully Senior Planner attachments ou C~4- Cc: Julie Caler, Code Enforcement Officer Jon Mies, Fire Marshall COLLEGE STATION P. O. Box 9960 1101 Texas Avenue College Station, TX 77842 Tet 409 764 3500 Monday, July 19, 1999 Ms. Jacquelyn Marie Kelley 1101 Deacon Drive College Station, TX 77845 RE: Clarification regarding Zoning Ordinance violation at 819 Texas Avenue South in College Station Ms. Kelley: Yesterday I received your letter dated July 12, 1999, and believe that I need to clarify three points. I also at this time am notifying you that the City intends to proceed with code enforcement. The first is that, in the absence of evidence to the contrary, I have determined that you have installed a gravel parking lot on the southern portion of your property that had been previously undeveloped. It is irrelevant whether the area in question was well covered with grass. The gravel parking area of your site is in violation of Section 9.2 of the Zoning Ordinance, a copy of which was enclosed in my previous letter dated June 29, 1999. It appears from your letter that you are alleging an error in the determination that the gravel lot is a new parking lot. In order to pursue the reversal of this determination, you must present your case to the Zoning Board of Adjustment. I am attaching information and applications regarding this process. The second point that needs clarification is that it is my understanding that you and your contractor were given ample notice before any work was performed on the site that you would be creating a violation. -Veronica Morgan advised your contractor verbally on at least two separate occasions that you should not install any parking lot here without prior approvals. Natalie Ruiz also advised you and your contractor in person on two separate occuasions that you should not install a gravel lot. The third point is that in my previous letter, I requested that you submit a letter "regarding your intention to bring the gravel parking lot into compliance". Your responding letter did not include any indication that you intend to comply with the applicable ordinance requirements. Therefore, I request for the second time that you submit a letter regarding your intention to bring the property into compliance, and that you include your choice of options for compliance so that we may advise you further. Home of Texas A&M University I regret that I must now serve formal notice of the City's intent to file charges against this property. If you do not submit either the letter as requested, or a completed Zoning Board application with the $75.00 application fee, within 5 days from receipt of this letter, you will receive a citation. A Zoning Ordinance violation can be considered a separate offense for each day of violation, and each offense could cost up to $2000.00 a day, with a minimum fine of $25.00 a day. , Thank you, Sincerely, ~C r L Sabine McCully Senior Planner attachments Cc: Julie Caler, Code Enforcement Officer Jon Mies, Fire Marshall Natalie Ruiz, Development Coordinator (with letter dated June 29, 1999) Veronica Morgan, Assistant City Engineer MUNICIPAL DEVELOPMENT GROUP 2551 Texas Ave. South, Ste. A 3College Station, Texas 778403409-693-5359 3FAX: 409-693-42433E-mail: mdgcs@gte.net Engineering, Surveying, Planning and Environmental Consultants August 3, 1999 Mrs. Sabina McCulley Develo-meat Services City of College Station 1101 Texas Ave. College Station, TX 77840 Dear Mrs. McCulley, I understand that a question has arisen about the parking and yard areas around the building at 819 Texas Avenue. In the early 1960's David Mayo and I (Joe Orr, Inc.) had our offices in that building. The parking area along the Lincoln Street side of the building was gravel and we used it for employee parking. There was a graveled driveway area that led from Lincoln Street to the rear of the building. The edge of that area was ill defined, but there was ample room to maneuver our trucks to back up to the rear building entrance. All of these gravel areas had grass growing through them for much of the time that we used them. The tenants who preceded and succeeded us used these areas the same way that we did. Sincerely, y G William F. Koe er MDG Letterhead. doc MDG - 1 COLLEGE STATION P. O. Box 9960 1101 Texas Avenue College Station, TX 77842 Tet 409 764 3500 Tuesday, June 29, 1999 Ms. Jacquelyn Marie Kelley 1101 Deacon Drive College Station, TX 77845 RE: Zoning Ordinance violation at 819 Texas Avenue South in College Station Ms. Kelley: I am writing to inform you of the status of the gravel parking lot that was recently installed on your property and to offer some options for compliance that are available to you. On June 8, 1999, Julie Caler and I conducted a site inspection after hearing that there had been a gravel parking lot installed on the south side of your property along the Lincoln frontage. You requested the gravel lot addition be considered site maintenance activity rather than new site improvement. You stated your belief that a gravel lot had always existed in the same location where the gravel lot is now, and that the rocky soil on the property as evidence in support of such belief. You also indicated that someone with the City Staff had some knowledge of a preexisting gravel lot on your property. In order to determine that the gravel lot is indeed "grandfathered" from meeting current parking lot requirements, I must have conclusive evidence of two facts: 1) that there has been a gravel lot in existence since before the City began requiring paved parking, and 2) that the use of a gravel lot has been maintained from that time to the present. To that end, I spoke with several Staff members who have been familiar with the site for a significant amount of time. I also reviewed the City's aerial photograpra hs, wv ch date from 1994 back before the City adopted paving requirements. In March of 1986, the City of College Station adopted Ordinance No. 1638, the Zoning Ordinance, which replaced an older ordinance. It was with this ordinance that the City began requiring asphalt or concrete parking lots only. I have found no evidence in the City's aerial photographs that a gravel parking lot existed on the south side of your property prior to 1986. I also found no evidence of any parking activity on this side of the property, regardless of the surface type. Because I can find-ne evidence to support that the two tests to establish nonconforming status have been satisfied, I must conclude that the gravel parking lot is in violation of Section 9.2 of the Zoning Ordinance (enclosed). In my opinion, there are several options available to you at this time. The Zoning Ordinance does permit temporary gravel parking lots for a period of one year when permitted by the Planning and Zoning Commission. Enclosed please find a copy of the applicable ordinance section. Ordinarily, the Staff and the Planning and Zoning Commission review such site improvements before they are installed, not afterward. In this case, the Commission may opt to permit the gravel lot after its installation. You will be responsible for any additional conditions that the Commission may Home of Texas A&M University choose to impose within a time period specified as part of the approval. At the end of the one-year period, the lot will need to be brought up to standards, or be returned to its original condition. A second option would be for you to submit a site plan showing the existing site conditions, and request a variance to the paving standards. The Planning and Zoning Commission would be the deciding body regarding the variance. In the past, the Commission has heard several variance cases and has denied them. In the event that you are successful in obtaining a surfacing variance, you will also be required to meet all other setback and dimensional requirements as set forth in Section 9.2. A third option would be for you to resubmit your original plans to install a concrete parking lot. It is my understanding that the size of your property may necessitate the need for setback variances and perhaps parking island variances. These would be heard by the Zoning Board of Adjustments. The Board has heard similar cases in the past and has granted many of them, especially on sites that predate existing ordinance provisions. If you choose any of the three options described above, our office will provide you with the applicable information and applications. There is one other option that is available to you. You may approach the City Council or the Planning and Zoning Commission and request that the City consider an amendment to the Zoning Ordinance. It is my goal to ensure that any new site work is conducted in compliance with all current development restrictions. Therefore, I must inform you of my intention to turn this matter over to Code Enforcement if you do not begin to make efforts to correct the Zoning Ordinance violations. Please submit a letter regarding your intention to bring the gravel parking lot into compliance, along with an indication of the option you intend to pursue, within 10 working days of receipt of this letter. After that time, this matter will be forwarded to Code Enforcement. Thank you, Sincerely, 116~"' /^I&It4 Sabine McCully /l, Senior Planner attachments Cc: Julie Caler, Code Enforcement Officer Jon Mies, Fire Marshall :Sabine McCull Re: Soul Works Page 1 From: Julie Caler To: Shauna Anderson, Smccully c@City of College Station... Date: 6/21/99 7:44AM Subject: Re: Soul Works Sabine, Here is the information you requested: Owner's Name and Mailing Address JACQUELYN MARIE KELLEY 1101 DEACON COLLEGE STATION, TX 77845 Location 819 TEXAS AVE S College Station, TX Description D A SMITH, BLOCK 1, LOT 1 Julie Shauna Anderson - Re: Soul Works Pa el From: Sabine McCully To: Julie Caler, Sanderson@City of College Station.Ci... Date: 6/18/99 4:13PM Subject: Re: Soul Works thanks, shauna . julie, 1 have not been able to verify from the city's information that this property has any nonconforming status for a gravel parking area on the south side of the lot. will you please get me the property owner information for my letter? thanks. Shauna Anderson 06/18/99 10:27AM Here's what I found when looking at the following Aerials: 1981: Clearly a dirt drive around the building. 1986: Photos were very blurry, Nanette nor I could make out what the drive consisted of. 1988: Looks like grass is between the building and Lincoln drive. 1994: Same as'88.... looks like grass between the building and Linclon drive. I will go to Print Mail today to make photocopies of these. Hope this helps.... Shauna Soulworks July 12, 1999 Ms. Sabine McCully P.O. Box 9960 1101 Texas Avenue College Station, Texas 77842 RE: Letter of June 29, 1999, RE: Zoning Ordinance Violation Ms. McCully: I believe there is some misunderstanding on your part regarding the gravel driveway on the side of my property fronting Lincoln Drive. At no time has it been my intention nor have I requested permission from the city to install a parking lot on the property at 819 Texas Avenue So. Site maintenance and site maintenance only has been my sole consideration. The reason I considered having concrete poured at all was because of the suggestion made to me by one of the city inspectors that the city would prefer a concrete driveway be installed in place of the dirt and gravel driveway that was on the site when I purchased the property. You can imagine my surprise after going to the expense (approximately $2,500) to have the driveway prepared for concrete to be poured that the City Engineer instructed my contractor, Mr. John Powell, not to do so. Approximately one week before the grand opening for my business, I made an appointment with Mayor McIlhaney to inform her of what was going on and of my frustration with the way the city was handling this matter. She invited Mr. Noe to sit in on the meeting and he took me to one of the city engineer's office to visit with her. During the meeting with the engineer, she told me that the city wanted me to replace the gravel driveway with grass. I am sorry, but there was no grass there when I bought the property and according to previous tenants and owners there hasn't been grass on that side of the building for years. I said I would go to the expense of taking out the forms and rebar which had been put in but leave the landscaping timbers and replace the gravel and dirt which was taken out. I did so, at further expense to me that was not part of my budget. As to the options you made available to me in your letter of June 29, I believe that it would be in my best interest to seek legal advice as to how I should proceed. I therefore respectfully request that I be allowed time to retain an attorney and apprise him of the demands of your office. Thank you, Sincerely, Marie Kelley Cc: Julie Caler Jon Mies Lynn McIlhaney 819 Texas Avenue So. College Station, TX 77840 Tel: (409) 693-3215 Fax (409) 693-9705 5 0 1 '0 r ` O d 0 C D.2 Xn d m" U a 0 a~ 0 N Q V C y C d a) • U L O C ~ N .6 y LL LL. 0 > < < Z U M (L) CD 0 m Z 0 r~ ~ c' ' o a Z5 a) ~R ov z LL ° a 0 ¢ as r m C O c N a a E Z in in a° a° U U) o aoin~ ag idiaoa a ujnlaa 6uis n jol nog( ) Iuey l v3 N LL as a Co o o g a° O o a f- W10j Sd CD a5 :3 (D a~ a a~ m U) 0 U S a~ m Q o o n 0 l 11 Z C O N N -0 N N O w U V~ . 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