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Home My WebLink AboutApplication FOR OFFICE USE ONLY `CASE NO.: 04"_ DATE SUBMITTED: OW - 0' -0 4 COLLEGE STATION O3 ' I ZONING BOARD OF ADJUSTMENT APPLICATION • MINIMUM SUBMITTAL REQUIREMENTS: x Filing Fee of $150.00. x Application completed in full. x 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 Preapplication Conference: May 13, 2004 APPLICANT /PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name Joe Schultz, P.E. - Texcon Street Address 1707 Graham Road City College Station State TX Zip Code 77845 E -Mail Address joeschultza(,texcon.net Phone Number (979) 764 -7743 Fax Number (979) 764 -7759 PROPERTY OWNER'S INFORMATION: Name Allen Swoboda Street Address 8300 Shadow Oaks City College Station State TX Zip Code 77845 E -Mail Address - -- Phone Number (979) 694 -8010 Fax Number - -- LOCATION OF PROPERTY: Address 1501 Emerald Plaza and 1501 Emerald Parkway Lots 5 & 1 Block 1 Subdivision Emerald Park Plaza Description if there is no Lot, Block and Subdivision - -- Action Requested: (Circle One) Setback Variance Appeal of Zoning Official's Interpretation Parking Variance Special Exception Sign Variance Other Chapter 13 - Flood Hazard Protection Current Zoning of Subject Property: A -P Applicable Ordinance Section: Code of Ordinances — Chapter 13 Flood Hazard Protection Section 5.G. 6/13/03 Page 1 of 2 GENERAL VARIANCE REQUEST The following specific variation from the ordinance is requested: Encroachment into the FEMA FIRM (Flood Insurance Rate Map) designated floodway area with fill material and new construction, such as parking lots and buildings. The encroachment into the floodway area is proposed for 1.68 acres of Lot 5, Block 1, and 0.42 acres of Lot 1, Block 1, Emerald Park Plaza Subdivision. The property for which the variance is requested is shown on the attached Exhibits A & B. Exhibit B shows the dimensions of the proposed floodway encroachment areas. This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving the particular property. The unique circumstances must be related to a physical characteristic of the property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will run with the land. Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding Tots, specimen trees. Note: A cul -de -sac is a standard street layout in College Station. The shape of standard cul -de -sac lots are generally not special conditions. The floodway limit shown on the current FIRM for this property is not based on a detailed engineering study of the immediate area where this property is located. An engineering study has been completed and submitted to the City of College Station. The results of this study show that the floodway is within the limits of the TxDOT drainage easement on Lot 5 and the TxDOT right -of -way adjacent to Lot 1, except for the west corner of the lot. The current location of the floodway area shown on the FIRM, which is not correct, prevents development of the property. The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial hardship is /are: Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements of the law. The hardship must be a direct result of the special condition. Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when compared to neighboring properties. The floodway area limit bisects Lot 1 and Lot 5 and the portion not within the floodway is not developable due to its shape and size. The floodway area requested for encroachment was approved for fill placement in the mid 1990's. Fill material was placed so the area could be developed. Approval of this variance request would allow development on property that was previously approved for development by the City of College Station. The following alternatives to the requested variance are possible: A Letter of Map Revision (LOMR) has been prepared for this site and this LOMR would move the floodway area limit to the location shown on Exhibit A, thereby allowing the development of the property. The LOMR process may require a significant amount of time to complete and the City of College Station is also preparing a LOMR application, which would include this area. It might be prudent to not submit the LOMR for this small area, and wait until the City's LOMR is submitted. Since this could take up to 18 months to complete, this variance would allow the development of this property to proceed before the LOMR is approved. This variance will not be contrary to the public interest by virtue of the following facts: The current flood map is incorrect. An engineering /hydrology study has been completed, which establishes this fact. The area which is the subject of this variance request will not be in the floodway once the flood map has been revised. The process of revising the flood map will take 18 months or longer, and the outcome is virtually assured given the engineering study that has been completed. Since the property will no longer be in the floodway, it is not contrary to the public interest to allow development in the area which is the subject of this variance request. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct and complete. Signat e an Title Date 6,13/03 Page 2 of 2 FOR OFFICE USE ONLY `� CASE NO.: D ` ` 1 C Le COL(iC STATION DATE SUBMITTED: l 0 - //- at ADMINISTRATIVE ADJUSTMENT APPLICATION rY- Vtz) 1 MINIMUM SUBMITTAL REQUIREMENTS: k Filing Fee of $40.00. L_ 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 Preapplication Conference: APPLICANT /PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name Andy Lee, K. Chen Engineering Itreet Address 6161 Savoy, Suite 310 City Houston State TX Zip Code 77036 E -Mail Address halee a.kcunited.com Phone Number 713- 952 -6888 Fax Number 713 - 952 -9994 PROPERTY OWNER'S INFORMATION: Name Jack Hoover, McDonald's Corporation Street Address 3707 FM 1960 West, Suite 300 City Houston State TX Zip Code 77068 E -Mail Address jack.hoover aC�.mcd.com Phone Number 281 - 587 -7341 Fax Number 281 - 587 -7367 LOCATION OF PROPERTY: Address 2420 Texas Avenue Lot 1 Block Subdivision Parkway Plaza, Phase Seven Description if there is no Lot, Block and Subdivision Current Zoning of Subject Property: C -1 'olicable Ordinance Section: UDO 7.2 -1 No, 4.aas 6/13/03 1 of? ADMINISTRATIVE ADJUSTMENT REQUEST The following specific adjustment (up to 10 %) from the ordinance requirements is requested:The code requires 1 parking space per 100 s.f. gross building area for a restaurant with drive -thru. This would require 42 spaces (4,155 gross building /100= 41.55 =42 spaces). We are requesting the City to allow 39 spaces, which is within the 10 %. This adjustment will not be contrary to the public interest by virtue of the following facts: We believe that sufficient parking will be made available based on the existing usage of the site. The current site has 42 spaces available, however they are not all utilized. This is due to a lot of pedestrian traffic to this site. 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:There is an existing McDonald's currently on the site. We are proposing a complete reconstruction of the site that will bring it current with City College Station design standards and landscaping requirements. The granting of the adjustment will be consistent with the purpose and intent of the Unified Development Ordinance because of the following: Allowing 3 fewer spaces will not adversely affect the intent and purpose of the UDO due to the location of this project. The enhanced landscape /streetscape will improve pedestrian traffic to this site. Therefore, the provided parking will be adequate. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct and complete. i *( 1 2007 Signature and Title Date 6/13/03 2 of 2 FOR OFFICE USE ONLY \ ` � CASE NO.:1 (�/� DATE SUBMITTED: OW U *MGT STATION ZONING BOARD OF ADJUSTMENT APPLICATI MINIMUM SUBMITTAL REQUIREMENTS: x Filing Fee of $150.00. x Application completed in full. x 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 Preapplication Conference: May 13, 2004 APPLICANT /PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name Joe Schultz, P.E. - Texcon Street Address 1707 Graham Road City College Station State TX Zip Code 77845 E -Mail Address ioeschultzaa,texcon.net Phone Number (979) 764 -7743 Fax Number (979) 764 -7759 "ROPERTY OWNER'S INFORMATION: Name Allen Swoboda Street Address 8300 Shadow Oaks City College Station State TX Zip Code 77845 E -Mail Address - -- Phone Number (979) 694 -8010 Fax Number - -- LOCATION OF PROPERTY: Address 1501 Emerald Plaza and 1501 Emerald Parkway Lots 5 & 1 Block 1 Subdivision Emerald Park Plaza Description if there is no Lot, Block and Subdivision - -- Action Requested: (Circle One) Setback Variance Appeal of Zoning Official's Interpretation Parking Variance Special Exception Sign Variance Other Chapter 13 Flood Hazard Protection Current Zoning of Subject Property: A -P Applicable Ordinance Section: Code of Ordinances - Chapter 13 Flood Hazard Protection Section 5.G. 6/13/03 Page 1 of 2