Loading...
HomeMy WebLinkAboutMINUTES MINUTES Zoning Board of Adjustment May 6, 2003 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Leslie Hill, Graham Shelly, John Richards, Rodger Lewis & Dick Birdwell. MEMBERS ABSENT: Alternates: Denise Whisenant, Randal Allison & Jay Goss (not needed). STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners' Molly Hitchcock & Jennifer Porchazka, City Attorney Carla Robinson, Action Center Representative Regina Kelly. AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Hill called the meeting to order. AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. There were no requests to consider. AGENDA ITEM NO. 3: Consideration, discussion and possible action on approval of meeting minutes from April 1, 2003. Mr. Birdwell made the motion to approve the minutes as submitted Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Public hearing, presentation and possible action on a variance at 2307 Texas Avenue South, lot 1 -A, block 1, Kirkpatrick Subdivision. Applicant is Premier Builders. (03 -85) Staff Planner Prochazka stepped before the Board and presented the staff report. Ms. Prochazka told the Board that the applicant is requesting a parking variance to reduce the required parking for a proposed retail shopping center from 96 spaces to 80 spaces (17% reduction). Shopping Centers with less than 75,000 -sq. ft. requires 1 parking space for every 150 sq. ft. Any development with 3 or more retail tenants is considered a shopping center in the Zoning Ordinance. A site plan application was submitted for the development of a shopping center with three retail tenants in the location of the old quicker sticker on Texas Avenue next to the Epicures Catering. As a special condition the applicant states is that a 24 -foot access easement runs down the entire side of the property. The applicant provided no alternatives. ZBA Minutes May 6, 2003 Page I of 3 Chairman Hill opened the public hearing for those wanting to speak in favor of the request. Larry Hodges, owner of Copy Corner, stepped before the Board and was sworn in by Chairman Hill. Mr. Hodges spoke in favor of the request. Mr. Hodges stated that they are limited without being able to park on the entire south side of the property due to the utility & access easements. Mr. Hodges told the Board that Copy Corner; a college bookstore and Kolache Rolf s will occupy the building. Mr. Hodge's ended by telling the Board that Copy Corner's space will have a second story loft for storage, an office and a breakroom. That area will not be accessible by the customers. Leslie Frigenbaum, owner of the pawnshop next door, stepped before the Board and was sworn in by Chairman Hill. Mr. Frigenbaum spoke in favor of the request. With no one else stepping forward to speak in favor or opposition of the request Chairman Hill closed the public hearing. Mr. Birdwell made the motion to authorize a variance to the parking requirements from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: about 30% of the floor space is on the second floor and will not be used by customers; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: inability to complete a desirable project as planned; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: a minimum of 80 parking spaces. Mr. Lewis seconded the motion. Chairman Hill made clarification to the motion adding that it would be about 20% of the second floor space that would not be used by customers. The motion was amended to read 20 %. Mr. Birdwell added that without the second story in Copy Corner the project would clearly have adequate parking. He added the tenants that are planned for the shopping center would all have different peak business hours. Chairman Hill stated his concern is for the future. If a variance is granted some day another business could come in with higher traffic. That is the type situation the ordinance is here to address. Mr. Hodges told the Board that he would be willing to limit the restaurant square footage to the 1200 sq. ft. Ms. Robinson stated that would not be enforceable. Chairman Hill called for the vote. The Board voted (5 -0) to grant the variance ZBA Minutes May 6, 2003 Page 2 of 3 AGENDA ITEM NO. 5: Consideration, discussion and possible action on future agenda items. No items were discussed. AGENDA ITEM NO. 6: Adjourn. The meeting was adjourned. APPROVED: Leslie Hill, Chairman ATTEST: Deborah Grace, Staff Assistant ZBA Minutes May 6, 2003 Page 3 of 3 MINUTES Zoning Board of Adjustment June 3, 2003 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Leslie Hill, Graham Sheffy, Rodger Lewis & Dick Birdwell & Alternate Randal MEMBERS ABSENT: Alternates: Denise Whisenant & Jay Goss (not needed). STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners' Jennifer Reeves, Jennifer Porchazka, Planning Intern Harrell, City Attorney Carla Robinson, Action Center Representative Regina Kelly, Customer Service Representative Stanley. AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Hill called the meeting to order. AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. Mr. Richards turned in a request. The Board approved his absence (5 -0). AGENDA ITEM NO. 3: Consideration, discussion and possible action on approval of meeting minutes from May 6, 2003. Mr. Birdwell made the motion to approve the minutes as submitted Mr. Shefff seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Public hearing, presentation and possible action on a variance at 100 Lee Avenue, lots 1, 2, 3 & portion of lot 4, block 2. Oakwood Subdivision. Applicant is William W. Botts. Staff Planner Jennifer Reeves stepped before the Board and presented the staff report. Ms. Reeves told the Board that the applicant is requesting a 15 -foot variance into the required 25 -foot rear setback. A previous side street setback was granted to the subject property in 1987. The Zoning Board of Adjustment granted a 9 -foot side street setback to allow for the enclosure of an existing garage and to construct a new garage 9 -feet from the side property line. As part of this request the applicant would like to continue the existing 6 -foot encroachment along the side street property line. This would be 6- feet into the required 15 -foot side street setback. The applicant states as a special condition that their home is on the corner of George Bush and Lee Avenue and is exposed to significant noise. The planned construction will act as a noise barrier. No other pleasing design will provide the needed space and reduce the noise. As a hardship the applicant has stated that a two -story structure will not work for aging parents and no other design will provide the noise barrier as effectively as the proposed design. ZBA Minutes June 3, 2003 Page I of 4 As an alternative the applicant feels that locating the structure in another place will not allow ease of access from the garage for aging parents, nor will it provide a noise barrier. Ms. Reeves ended her staff report by telling the Board that the applicant feels that the proposed structure will enhance the neighborhood appearance and improve the quality of life of residents and allow full use of the property. There is no use of the alley therefore 10 -feet from the property line will not present any issues. Mr. Birdwell asked if the alley was still being used by the city. Ms. Reeves that she was not aware weather the alley was being used by the city or not but the applicant could better answer that question. Mr. Birdwell noted that on the site plan it shows between 9 to 20 -feet between the lot line and the existing R.O.W. and asked who owned that property. Ms. Reeves replied that she had researched that and the notes that she found back from 1987 seems to indicate that is it unclaimed property. TXDOT, the city or the property owner does not own the land. Chairman Hill opened the public hearing. William Botts, the applicant, stepped before the Board and was sworn in by Chairman Hill. Mr. Botts spoke in favor of the variance. Mr. Botts made clarification that the alley is not being used by the city. There are large trees, utility poles and fences almost behind every house that backs up to the alley. With no one else stepping forward to speak in favor or opposition of the request Chairman Hill closed the public hearing. Mr. Birdwell made the motion to authorize a variance to the minimum side and rear setback from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: property is located on an alley which are not typical in College Station; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: would have to construct substantial fence to have equivalent noise reduction; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following special limitations: 15 -foot rear and 6 -foot side setback variance. Mr. Allison seconded the motion, which passed Mr. Birdwell explained that the alley, which is not being used, allows added setback and that is a special condition. The additional land along George Bush makes should also be considered. Mr. Lewis added that the unclaimed property along George Bush should also be considered as a special condition. Chairman Hill called for the vote. The Board voted (5 -0) to grant the variance. ZBA Minutes June 3, 2003 Page 2 of 4 AGENDA ITEM NO. 5: Public hearing, presentation, discussion and possible action on a variance at 201 Pershing Avenue, lots 17 & 18, block 4, Oakwood Subdivision. Applicant is Gordon and Virginia Eaton. Planning Intern Lauren Harrell stepped before the Board and presented the staff report. Ms. Harrell told the Board that the applicant is requesting the variance to allow the erection of a screened pool and patio enclosure. A maximum eave height of 8 -feet is permitted for all accessory buildings, structures, or uses other than garages, carports, and living quarters for family or servants. The eave height requested is 10 -feet. No more than 30% of the rear yard area can be covered with accessory buildings, structures, or uses. The rear yard coverage requested is 44 %. The subject property has an existing swimming pool constructed within the required setbacks of the property. The applicant wishes to erect a transparent screen enclosure around the existing pool, pool deck and patio, thus the applicant is requesting a rear setback variance of 13 -feet, a side setback variance of 6 -feet, an eave height variance of 2 -feet and a rear yard coverage variance of 14 %. The applicant states that the wood panel fence currently exists along the two property lines in question and that the screen enclosure would be just inside that fence. The applicant states that the existing pool is located very close to the lot lines, both in the rear and along the side. Consequently, the edge of the concrete deck lies within one foot of both lines. The enclosure would be placed at the outer edge of the deck, as shown in the drawing. Additionally, the manufacturer of the enclosure recommends a minimum eave height of 10 -feet. The applicant states that there are no alternatives because of the location of the existing pool. Ms. Harrell ended her staff report by showing the Board pictures of the property. Mr. Birdwell asked if it would be possible for the Board to make a determination that staff has made an improper interpretation of the ordinance and this enclosure is not an accessory structure. Therefore, it would not be subject to setback requirements. Ms. Robinson replied that that they could consider that but not at this meeting. It was not posted as an appeal to the Zoning Official determination. Chairman Hill opened the public hearing. Gretchen Rodriquez, the applicant's daughter, stepped before the Board and was sworn in by Chairman Hill. Ms. Rodriquez spoke in favor of the request. Ms. Rodriquez told the Board that she has not seen a picture of the enclosure but it would be visible from the side street and the alleyway. Chairman Hill asked if the structure would be attached to the house. Ms. Rodriquez explained, as she understands it yes. It would be attached to the back door. Norm Sorenson, a neighbor, stepped before the Board and spoke in favor of the variance request. ZBA Minutes June 3, 2003 Page 3 of 4 Noble Douglas, 200 Lee Avenue, stepped before the Board and spoke in opposition of the variance request due to a lack of evidence of what the structure would look like. Chairman Hill stated that his feelings because of the concerns expressed by the property owner who would be most effected he would be in opposition. The ordinance exists to protect the concerns of citizens. Mr. Birdwell made the motion to deny a variance to the minimum setback from the terms of this ordinance as it will be contrary to the public interest due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done. And further that the Planning Department advises the Planning & Zoning Commission and the City Council of the need to provide guidance and/or regulation for swimming pool covers. Mr. Lewis seconded the motion. Mr. Lewis commented that if a variance were granted that they could build anything because variances run with the property. Chairman Hill called for the vote. The Board voted (5-0) to deny the variance. AGENDA ITEM NO. 6: Consideration, discussion and possible action on future agenda items. No items were discussed. AGENDA ITEM NO. 7: Adjourn. The meeting was adjourned. APPROi �'j Leslie Hill, Chairman ATTEST: r % 11 jf Deborah Grac , taff Assistant ZBA Minutes June 3, 2003 Page 4 of 4