HomeMy WebLinkAboutApplication (11-153) FOR OFF C U E
CASE NO.: 1 1 O
DATE SUBMITTED: .i.„
® TIME: \O
CITY OF COLLEGE STATION (62,
Horne of Texas A&M University® STAFF:
WRITTEN INTERPRETATION APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS:
$105 Written Interpretation Application Fee.
rir Application completed in full. This application form provided by the City of College Station must be used
and may not be adjusted or altered. Please attach pages if additional information is provided.
❑ Additional materials may be required of the applicant such as photographs and floor plans. The applicant
shall be informed of any extra materials required.
NOTE: Requests for Written Interpretations can only be made during development review or when a code
enforcement requirement is in question.
NAME OF PROJECT Pre - existing Non - Conforming Use of Lot 10, Block 1, Rock Prairie West Business Park
ADDRESS 12900 Old Wellborn Road
LEGAL DESCRIPTION (Lot, Block, Subdivision) Lot 10, Block 1, Rock Prairie West Business Park
APPLICANT /PROJECT MANAGER'S INFORMATION (Primary contact for the project):
Name Chuck Moreau E -mail chuck @bvcarpetoutlet. com
Street Address 1834 Harris Dr.
City College Station State TX Zip Code 77845
Phone Number ( 218 -8835 Fax Number ( 764 -6821
PROPERTY OWNER'S INFORMATION (Please attach an additional sheet for multiple owners):
Name Moreau Family Investments, Ltd. E -mail chuck @bvcarpetoutlet.com
Street Address 1834 Harris Dr.
City College Station State TX Zip Code 77845
Phone Number ( 218 -8835 Fax Number ( 764 -6821
Specific Unified Development Ordinance Section in question:
Sections 6.2 and 6.3.
Interpretation requested:
The City considers the use of the Property under Section 6.2 to be a conforming commercial garden /greenhouse/
landscape maintenance use. Applicant believes the proper pre- existing nonconforming use designation for the Property
under Sections 6.2 of the UDO is Retail Sales and Service.
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Reason /Explanation for Written Interpretation Request:
Previous owner of the Property, Heirloom Gardens & Interior Decor, used the Property as a retail sales and outdoor
display outlet for plants and landscaping products beginning in 2002, prior to the adoption of the UDO. We believe the
designation of the Property as a commercial garden /greenhouse /landscape maintenance use was incorrect.
The current owner, Moreau Family Investments, Ltd., proposes to use the Property as a retail sales outlet for granite,
natural stone, and related products, thus continuing the pre- existing, nonconforming retail sales and service use.
Please see the letter attached as Exhibit "A" for a more detailed explanation.
The applicant has prepared this application an® certifies that the facts stated herein and exhibits attached hereto are true,
correct and complet-
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Ai. nature and title Eit Date
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10/10 Print Form Page 2 of 2
FOR OFFICE USE ONLY
/ ic.) -01 ot( \ - 1 CASE NO.: n Li- l g
COLLLU STATION ' , DATE SUBMITTED: 11—O4
ADMINISTRATIVE ADJUSTMENT APPLICATION
Q ' MINIMUM SUBMITTAL REQUIREMENTS:
7C ling Fee of $40.00.
'/Application completed in full.
Additional materials may be required of the applicant such as site plans, elevation drawings, sign details
and floor plans. The Zoning Official shall inform the applicant of any extra materials required.
Date of Preappllcation Conference:
APPLICANT /PROJECT MANAGER'S INFORMATION (Primary Contact for the Project):
Name 1IZIAN1 S � I (� r
Street Address t �� W��...U, rr r■ Rd City Co & e S+r4 h ov
State 1 Zip Code 1 S4.5 E -Mail Address `/
Phone Number G l i ki 2 Li L/ Fax Number ct 7 1 log 3 4
act)
PROPERTY OWNER'S INFORMATION:
Name NQ r Cit
(' cr rd -0-Y4 �`� II t r ►,. -- c -c�� ( %�L�, ,- .. ,����''__ o ,S �/
Street Address 17$ 0r) ('d t �O p . 24) y C A »
State :/)4 Zip Code `1 ? R q 5 E -Mail Address
Phone Number kC 5 Z qt/6/ Fax Number ' 7 ? 1 3 8564
LOCATION OF PROPERTY:
Address L r)o t( W e txsr IA RA
Lot 1.0. 2 Block ' ? Subdivision
Description if there is no Lot, Block and Subdivision ' 11) pr∎e r lt) L R- \\\nor , R cc '1 \J r CI I r
Current Zoning of Subject Property: CG- Isvai c;cd / uA.. r ct� (C'-r G - ( l
Applicable Ordinance Section:
1 of 2
ADMINISTRATIVE ADJUSTMENT REQUEST
The following specific adjustment (up to 10%) from the ordinance requirements is requested: n
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C - A.A: -.,- cry) 3 CE 6. 9 S 47) cM.�
This adjustment will not be contrary to the public interest by virtue of the following facts:
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iita 00_ ,,L cd- ae. - -� G - ) c tom.
The granting of the adjustment will not materially or adversely affect adjacent land uses or the physical
character of the uses in the immediate vicinity because of the following:
The granting of the adjustment will be consistent with the purpose and Intent of the Unified Development
Ordinance because of the following:
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The applicant has prepared this application and certifies that the facts stated herein and exhibits attached
hereto are true, correct and complete.
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Signatu /4 and itle Date
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2 of 2
Exhibit "A"
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Exhibit "B"
Exhibits.doc
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ls�9E0 MT ClxLS ixe puT OF ROOK E this to to certify that 1 hwe, this dote, made o careful and accurate
WT p,,yr� pMT �qp� IN & xwa, M. as ar eurvay on the ground of property Located at 19g0 Old Wellborr0g Rood In
1NEOFTIaW PEWIVOS OF�,,LO,ti,4@0E4 COUNIY, iflV�. Coll WOat (atlon, deeCfibpatloa lalfcwe: (pt Ton 10), �pp�µ00k
ie Po cWl a rf}icvi OMM, cs. ! o, OtU f . TaaMW to Ydtmisl' IpPN88
xo. 2Yt OP 7gE 10 of o0 mtrvrc, o Rroxos Ceunly, Texas: !e0 o th0 01 Ohl Records
4y.fs� 17 E s e�i s eJD� f The plat heroon to a true, correct, and accurate representation of the
fcn 1dAs property oa detOmJned by curvet/ the line. and dlmaNbno of sold
�maaaA�xty 1m. bte2 0. N+n 4ea41aaf ex a' �Lr�E( property being an Indicated by trio Flan. The size locollap and type of
Y x: ton, buildings and Improvementa being wlthl the bounA loc of , a proFOrly,
and act back from roparty line the aIsla.... Indicated. The distance
Yule EENY)R aP A CdntluFM from the nearest In�eraxOng .beat or road Is ae shown on laid plat.
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Wass, t8E ✓♦i .N.oYE M xw. TRAM, , M Thero are no encroochmente, conflicts, or protmsione, except as noted;
y uo Lrro slotvr �u1mm x OATEL duly 9, 2004
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Exhibit "C"
TIMELINE:
• 2002 — Heirloom Gardens & Interior Decor initially opened for business.
• December 31, 2003 — Heirloom Gardens & Interior Decor incorporates. (Texas
Secretary of State Reference ID# 800286742).
• 2004 - Annexation of the Property into the College Station city limits.
• February 5, 2009 — Heirloom Gardens honored by the magazine Today's Garden
Center's Revolutionary 100. One of the areas of recognition was excellence "retail
business practices".
® Fall 2009 - Heirloom Gardens closed for business.
• Fall 2009 - Property actively marketed for sale. Purchasers would need to resolve
bankruptcy and IRS tax liens that existed on the Property.
® January 20, 2010 - Moreau Investments placed the Property under contract and began
resolving the bankruptcy and IRS tax liens on the property.
• February 2010 - Public auction was held on the Property to liquidate personal assets.
July 20, 2010 - Moreau Investments closed on the Property.
• October 2010 - Today - Property actively marketed for lease or sale for retail sales,
service & storage land uses by Clark & Isenhour.
• January 2011 - Filed for a rezoning to C-2 Commercial Industrial.
• February/March 2011 - Chuck Moreau met with City staff to discuss the continuation of a
retail sales, service & storage land use. Mr. Moreau was informed that the previous land
use was a commercial garden, and that in order to utilize the Property as a retail sales
and storage land use, the Property would need to be rezoned and brought into full
compliance with the current UDO.
Exhibits.doc