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HomeMy WebLinkAbout102 Jerry Major 3.0.79 107 College AvenueAMEN DED AGE NDA ZO NI NG BOARD OF ADJUSTMENT MARCH 20, 1979 7:00 p.m. 1. Approval of the minutes from the meeting of February 20, 1979. 2. Considera tion of a request for a non~conforming use from Robert Nash, 301 Poplar Stree t. 3. Consideration of a request for a variance from the set-back ·requiremen t from D. R. Cain, Con struction Co ., ·at 2817 Celinda Circle. 4. Consid eration of a r e quest for the expansion of a n on-conforming use f rom J e rry Majors, Th e Da wg Hous e , 107 College Avenue. 5. Consideration 'of a variance from the Agency Records Control, 3001 East Bypass. 6. Other bu.siness. 7. Adjourn. C ITY OF COLLEGE STATION PO ST OF FICE BOX 9960 11 01 TEXAS AVE NU E COLL EGE S TA TIO N , TEXAS 7 7840 March 16, 1979 M:El10RANDUM TO : FROM SUBJECT : Zoning Board of Adjustment //.1 (/;/' Building Official (f}:);t... Meeting of March 20, 1979 1 . The request for variance at 2817 Celinda results from the builders having erred in locating the house on the lot . This is a v ery easy mistake to make . on a cul-de-sac , and it is also l i kely to escape the notice of the inspector. The problem in this case y~S discovered by the surveyor preparing a plat for finance purposes . The hous e has been completed since June , 1978 . The hard- ship involved in removing it is obvious . The problem is difficult to discern ydthout measurement and the purpo s e of open space requirements on this lot appears to be ful- filled . 2. Mr . Nash should be pre sent to explain his request . Two of the persons notified have expressed their opposition to the proposal. Mr . Nash has erected a temporary structure which yd l l have t o be removed if it is not portable . We have not investi - gated the structure at this time . / '· MEMBERS PRESENT : MEMBERS .l\BSENT : VISI TORS : MI:NUTES ZONING BOARD OF ADJUSTMENT February 20, 1979 Acting Ch airman Harper ; Members DuBoi s , Jones , Ringer Havl ey , Hughey Building Official Koehle~, Mr . Ron Smes tuen, Vir . J erry Majors Ag_enda~ Item Number 1 --Approva l of the minutes of th e meeting of J anuary 16, 1979 : Ringe r moved that the minutes b e approve d as pres ented. The motion vas s econded by DuBois and unanimou s ly approved . Agenda Item Number 2 --Consideration of a request for expansi on: of a non -conforming u se from Ron Sm estu en : Mr . Sme stu en explained that he propo sed to add to a non-conforming sigri to accomodate a n e v tennan t. He said that he al s o intended. to r em ove th e arrovs as a p ar t of this construction vhich vould r educe the span and apparent area of the sign . Koehler expl ained that the s i gn va s non-conforming b e c ause of a moving portion and bec aus e it is part of a building l-hich exists bec ause of a varianc e to setback r egulati ons . The Chair moved that the r e que s t b e approved on the condition that the arrovs be r emoved b ecause the propo sal vill reduc e the d egr ee of non-conformity and v~l l r educe any adverse effect on the public's · interest . The motion vas seconded by Ringer and unanimously approved. Agen da Item Numbe r 3 --Oth er Business : Koehler pres ented materia l received fr om Mr . Na s h for the purpose of determ ining 1-rhether or not there l as sufficient i nformation to varrant a h earing on the case . The Board agreed that Mr . Nash 1.s pr esence vuuld b e n ecessary to the case being heard . Ag enda Item NuJ!lber 4 -:--Ad.i ourn : Ther e being no other business the meeting vas d ec l ared adjourned. Ci ty of Coll eg e Station ll.01 Texas ~venue C~ll eg e S~ion , Texas 77840 Attention: 'lbe Zoning Board of hdjustment Gentlemen : Re: 301 Poplar, Colleg e Station , Te xas 3735 ',Je st Bay Circl e Dallas , Te xas 75214 March 17, 1979 I have re c eived your n~tice regarding the request for a non-conforming struct ure on the above-captioned lot · in the mail t -:>day . Inasmuch as I reside in Dallas and it i s impossible for me to rearrar;ge··cy-work sched~l e on such short notice to be able to be present at the meeting on 'IUesday, March 20 , 1979 , I wo'.lld like to submit this letter as a pr~t e st. I own the lot direc tly adjacent b the lot in question . My concern is that granting this va riance could cause some prJb l em in the future . If a new b uilding were erected on my lot , and if I am correct in inter- preting the set-back cite d on the information sheet for hP Zoning to b e the same ·as that of C Zo ning , which would permit l::>t line b:lilding, this would n · t leave the necessary 15 feet between structures. /1ls , I a m concerned that if I -were to sell my lot in the fllture , the overbuilding on the adjacent lot mi ght mi ght be harrnf ul to the \lalue of my pr;}perty. '.Ihereior e, I do not feel this varianc e should be arbitrarily granted _ nor is :· essential ,since there is adequate snace to b~1ild this structure wi fain the permi t ted area on the 1.::>t . \lhile I f e el there is no hardship inv~lved , but merely a preference , which VJOllld not seem to me to be adequate grounds f or violating the City Ordinance , I d? not 1ant to inc onvenience the adjoining owner a nd would have no obj e ction to his ere c t i ng a portable structure to s erv his p~rpose in ' the set-back area , as it could be moved later on if necessary. Sincerely yo urs , ,\(""'J _;__l.+ N . J. \lilcox .. , .... Toi . Th e Zoning Board of Adjustment From: Rob ert Na s h 301 Popla r College Station Texa s 77 8!rn I am writing this letter to e x plain 1-1hy I mu s t violate the s'3t back distance on my property from tw e nty five fe et. to sixteen feet. The reason is that I wa nt to r.iaintain sixteen fe e t from the house , the fence on the back side and the fence in the fro n t of the building on Eisenho~er st .• I am going to build a trielve :(oot by twenty four foot carport and sto:::age building,mostly storage.It will be built with 2/4 framing with T 111 siding and composition roofing on a h ip roof. The lot is #5 in the College Vista division BK.B. It is on the co;:?ner of EisenhoH e r and Poplar . It is z on e d. R/2 duplex •• A small plan is attacheds Than!< you> ,f ~J-U/{(j_d/l_) Robert Nash . '· .. f -----··---- r , - I I l ~ 1 I"" ?-4- 'I"" --- ! ~1 / --·~~:1\~#-7: __ / :_ i// "\i2 i ! i I I ! I ! -i I j I L 1- 1 \ I I I ! I I l I I I l ~ /' ' )£---I ' /\ -----·---~-\ . f"=-12.1 "11 ,-\ -=;. l l l : ; ' I i ·----· I .J___ __ --_ -Jof -----~-~ 1 t\\ City of Colleg e Station Po s t Of:f:l.ce Box 996o 110l Texas A.venue College Station, Texas J a nuary 23 1979 Dear Sirs This letter is in refe:!'.'ance to the storage building I want to build. First of all I recieved a letter from City Hall saying there would be a meeting on Tuesday night but it didnt say that I had to be . their. But · the reason I missed the meeting was - because I had to work late.I ty~d the information asked for and bought it in to Mi ss Albraght But ·my problem is if I move the storage building closer to the house I would have to cut down a tree that I want to save.And if I join it to the house I lrould have to cut some large limbs off atree and that wnuld kill the tree.Also it would make it ha.rd to get a concrete truck in to pour a slab for an add on to the house. The ~is zoned for duplex and sometime in the fl /lC i't future Ihave intentions of adding on between the ' t . f house and storage building.If this plan would be approved now,this would result in a lower construction cost in the futlLTe. Your consideration on this would be app:reciatad. T~~~lz/'~ R~~rt ·G Nash 77B'+O ... .C I'I'Y O F POST Of fl CE .BOX 996 0 I l 0 l COLLEG E S TArlON, TEXAS J a nua ry 1 8 , 1979 Hr. Robert Nash 301 Poplar College Station, Tex as 7784U De ar Mr. Nash: Th e Zon ing Bo ar d o f Ad jus t me nt co nsidered your app l i cat i o n for variance and concluded that th e y had no inf o rma tion upon which to ba se a d ec i s ion. Your r e qu est wa s d en.i.ed by unan- imous vote. The Board is r e quired by ordina nce and by statute to gra nt variances only when the following facts are s hown by t e sti·- mony or other evidence submitt e d by the applic a nt:. 1. Th e r e is some unique and spe cia l con dition of the land not normally found in like distric ts. 2. Following the requir e ments· of the ordinance would result in unnece ssary hard s hip. 3. Approval will not be contrary to the public interest. The Bo a rd cannot grant any variance where all of these facts are not proven. In view of the waste of public time and money due to inadequate informa tion, I have directed }1rs. Albrecht not to advertise any further application until the Chairman has examined your application .and agrees to admit it to the ag e nda. Obviously, I cannot issue any Building Permit with the layout you have submitted unless the Board approves it.· Sincerely; ·/ .· / . _,."/.· : / . ;,//,,/ .. · ;: .q/ .. /..' . __ .·/// .. · / ~// ///~ ... '; .. _,j -_/.I .... • -'~. -'////j/°/:_·,_. /?Nt-/.! · 1i-""(,;;,;.,..;,..// //;.-1,_,.,. -'- William F. Koehler Building Official WFK /rm T EX A S AVENU F 77840 ~ ... n ee I lt bj' ---------- Hc:c.ne -of Ap_l)licant ___ D_. --"-R'-'._C.::...=ai~n'--------------------··---·· --------~·- _,<lctrcs~ 3002 South Texas , Coll e g e S tationl Texas or P_._Q_,_13.Q.,'LA.V __ c.o.lle.ge Sta ti on, T exa.s P[lone 0 9 3-8 8 5 0 _,at Block Subc1i vision Description , If ai)plicable ----------- J~ction r equested: ·! ~rles~fur~~mg _____________________________ _ '~ .. d.jomers notified --Mailmg Date------------------------ NAME .ADDRESS From current" t ax rolls, College Sta tion Tax .A ssessor 1. Dr. Moses Chung 281 3 Ce linda Circle , Colleg~tat~Q.IL_T.exa s 2 . l·ir • Jim Sh e lby 2815 Ce linda Circle[ Colleg e Station[ T~xas . 3. Mr. Ro y Carn e y ... 2 8 19 Celi,nda Circl e , Colleg e Station , Texas 4. Mr. Mike Jo ne s 2816 Celinda Circl e , Colle ge Station, 'J.'e x as 5. Doni; Inc. P .O. Bo x AV , College Station , Texas ,. l'i r . Gary Brown 2810 Cp l i ncla ~Ci re] o 1 CoJJ ege St at ion , T QX -" () . 7 t f'.~r . ·Geo rg e A J Je n ?808 Ce linda Circle , C0Jleg0 s ·t at ion , · 'P -._ 8 . -Joe Co ur tnev·,-I nc . J2. Q' BQX 4305, 'Bryan , Te~rn s • 9 . Joe Courtney, Inc . P.O. Box 4305[ Bryan 1 Texas 10. Joe Courtney , Inc . P .O . Box 4305, Bryan, Texas 11. Jo e Courtney , Inc. P .o . ·Box 4305 , Bryan, Texas · 12. Jo e Courtney, Inc~ P.O. Box 4305, Bryan , Texas ~ . ·.· _____ __:_ ___ __:_ _____ _;__ ______ -:-------- Chair man Planning and Zoning Comm ission City of College Station Colleg e Station, T exas 77 84 0 Dear Sir: COIVJPJ-\f\J Y INCO RPORATE D HOME BUILDER --L AND DEVELOPER --APARTMENT OWNER Marc h 14, 1979 I her e by request a varianc e for Lo t 26 , Block 26 , Southwood Vall ey , Section D, loc al ly known as 2817 Ce linda Circle , Coll ege Sta ti on, T ex as. This residence is located on a culdes ac and wh e n locating the house fro m the center of the culdesac an encro a chment was made of th e building lin e . Thi s oversight was not c aught and t heref o re , t he house was placed with a portion of the gar a ge extend ing into the building li ne (see attached survey ). Sincer ely , D. R. Cain DRC: j c A ttachemen t 1 3002 SOUTH TEXAS AVENU E --COLLEGE STATION, TEXAS 77840 --(713) 693-8850 MA ILING ADDRESS: POST OFFICE BOX "AV" COLLEGE STATION, TEXAS 77 840 f30::;'p r: .7 .?6§-Z .. _L L OOOY-c:Y ~ P ,8?0 ;?<;; = V d/ ;o0v-s ·------ ~ '}:\ ~ ~ t;;Z /07 ~ ~ ~ I ~ ~ . --·-·- __ 1 ~ ~ , ... ---- ft9ff ;;>5f70/I io ·t~ :72/C77 .!:?Z ,,.)'.7079 -- ----_________ flJdON~--=:;:·c-~ .... .... ~ \\) ~ ~ \(\ ~ L_J /OJ I ~ ~ ,r;bl ~ ' ·~ ·~ ~ 01;1ll \X) ~. ,09 1 1 I • \ . i _I CIT Y OF CO LLEGE STATION PO ST OFFICE BOX 9960 11 01 TEXAS AVEN U E COLLEGE STAT I ON, TEXAS 7764 0 March 20, 1979 M»1 0R ANDlJ11 TO : FROM : SUBJECT: Zoning Board of Adjustment V /~./;#/ Building Official vP j';Z Variance , Agency Rec ords Control 1. The applicant claims that the ordinance does not define a plot of land . This i s incorrect . Section l -D.14 specifically defines a building plot as being "bo und ed by the property line ". "When Secti on 8-D.6 prohibits more than one detached sign on any one building plo t , it is s p eaking of that area of land under one o wnersh ip ~athout regard to any numb er of contiguous seperately described tracts of which the ownership may be com- p osed , and ~athout r egard to any leases or other private agree- ments . 2 . The fact of so large an area of land being restricted to on e sign appears illogical , but it i s certainly not unique . Mos t of the rec entl y developed retail commercial tracts have similar frontage and , in addition, have mu ltitudes of seperate tennants ~th more definable outdoor advertising needs. They abide by this ordinance as i t is 'Written . 3. The app licant does not attempt to show any element of hardship . If the applicant has funds available for outdoor advertising, a portion of t hese funds may well be required to r em ove the existing sign . The planning and graphic design he may h ave to do to comb ine the purposes of both signs into one structure are no t unusual requirements and are done regularly by other businesses of le sser s ize and , presumably , lesser resourc es . Page 2 4. The applicant does not addres s the public interest. In my opinion, the public interest would be served best by a regu- lation which would recogniz e the obvious differences between a 37 acre tract with frontage on major road s which are not intervisible, and a 50 foot wide commercial lot in a strip of such lots . This , however, i s a legislative function which should lie with the City Council. If the Board grants this varianc e , we may be assured of an inundation of such reque sts and would have no means to decide among them . The Council; if they saw fit to change the ordi- nance , could also spec.ify the criteria which ~~uld -justify more than one sign . ~ 5. I rec ommend that the Board consider denial of the variance and recommend to the applicant and to the Council that the present ordinance be amended with respect to the number of detached signs on larg e tracts. The applicant may initiate such a change in the same fashion that "re-zoning" petitions are made. .. ' C . Wallis McMath , J r . Vi ce Pr eside nt -Engineering March 5, 1979 Ms . Sherry L . Albrecht City of College Station P. O. Box 9960 eco Co tro, ~ ,• ' ~ ) I ·1 ,... B ·)· ,,'··· I~'' I -. A .. I ' College Station, TX 77840 Dear Ms . Albrecht: The primary reason for appearing before the Zoning Board of Adjustment is to request a clarification , and variance if necessary , to allow Agency Records Control, Inc. to install a second detached sign on its property. In addition to the above request, ARC currently has a p ark- ing variance in effect and wishes to inform the Zoning Board of Adjustment of a minor change to one of the existing buildings. Either myself or some other ARC representative will be present at the meeting to answer questions anyone. might have . If you have any questions prior to the meeting, please give me a call. Sincerely, fi/~·4~ C . Wallis McM~thi Jr. CWM :km ... i .PPLIC A'l I Oi'i" . h.pplicatiun D~~tc -----'----- Rec 'd b y -------- Addres s 3001 E as t By-Pass , College Station , Texa s 77840 P hone 713-6 9 3-612 2 Lot Bloc:k Subd.ivi~;ion (S ee Attache d) --~ --~---- Action r equested : (l 1ppeal , Non.conforming : Use.:-Varianee) _v_a_r_i __ a_n_c _e ______ _ Date s et for h earing _. ----------------------'------------ , Ad j oine!'s notified --Mailing Date --------------"----------~ PJJDRESS Froill c ur1·ent tax r ol ls , College S tation 1'ux Assessor Hal De c, Inc. (All e n S wa boda) 1216 Glade, College Station T. D. Letb e tter Box 2616, College Station James Jett, e t al 1400 Turkey Creek Road, College Statl.on C. E. Bertrand 120 Miller Lane , College Station Brethren Church of Coll e g e Station Unk n own .c.·· ot)~ ~ U.J.. ~ ... i.: .. LL\;: lt U • .. HEQUES T FO R V ftJUPl{C E Pre sent zoning of land in que stion M-1 -------Item 1. 7-C S e ctiem of ordi_ri.:mce from which variance is soucrht Item 2. 8-8. 6 ::.; The follo·.;-7 n g s p ecific vnric::.tio::::!. fr o ;n the onlinance i ~; request.e el: ___ _ 1. Bring to the Board's attention a change to a current variance on the number of parking spaces. 2. Addition of a second detached sign. This variance is necessary due to t he following. unique and specia l conditioYis of the land not found in like districts: Item 2. The ordiance does not define what co ns t i tutes "a plot of land". The follo win g alternatives to the r·equested variance · are possible: _______ _ This variance will not be contrary to ·the public interest by virtue of the follo·,Ji.ng facts: The public is not affected. -----"-----------~~---------------------- The~4~4 application . Applicant are true and correct. z_/icfft 1 Date 3: i opi)J 12 Olcvt. To 2ft _cc / ~o VI(( JI L~{l I r ) yZ . 1. J . (. : f =1' -::.JJ/fr.P r1 ~ ,CJJ-(A11u1 ..,;()} ,.c 1 UH . :c.;r REVIEW MID COMr©IT: 1 1),l·U: f ,\ 1!f ,,,, -,J/ fr i !/ ):AJ L1f m L-. J./v.Jr on n hr)~_J ~,, ,u;·:rf nc!)-- I v ( J ! J· lt1. /'. 1), v n1(lf h ;!lA ~; I J ~1J(, tJ 1 &~u ·1 /! I,~ /.::fl/ ~s ~- --- ............ ~ 1 ..... : ".. .. t.:;I ... / 1 f; ' •. \ , .. ' , -1- ~ ' / ..._ //-/:~'~ I ,/ •• /;"' . • • I i c ( t.....}_ c ~! 0 I ./ I /J ' . -.,, r' V ' I_ --· · ---/ ,/, .. · •. v /j 'vi: '-----~--· ,: .._/ j),'.yv)r I ' • --------· _..., -------,.-·-> ----------:...,. -3 I ----... ....:....-.-.... ___ ...,, \ \ \ ---------- I I I ~ ]j_J .---_-;:to i ' ' I \ ' \ \ ! I l•I I ! ·...,. " I I MEMBERS PRESE NT: MEi·ffiERS AB SENT : VISITORS : MINUTES Z01 ITNG BOARD OF ADJ1J S'IM ENT March 20, 1979 7 :00 P . M. Acti ng Chairman Harp er, Hawl ey , DuBois , Ringer , Hughey . Jones Building Of ficial Koehler, Commun i ty Dev elopment Dire ctor Ca llo way , Mr . Robert Nash , Mr . Glenn Wilcox, Mr~-Don Broushard , Mr . Jerry J.fajors , Dr . Wallace McMath. Agenda Item Number 1 --Ap proval of the minutes of the me eting of February 20, 1979: Ringer mov ed that the minutes be a pproved as pre sented . The motion was second ed by Hawley and unanimously approved . Ag enda Item Number 2 --Cons i deration of a request for a variance from Rob ert Nash , 301 Poplar Street: Harper reviewed the Board 1 s previous c onsiderations of t he matter . (Hughey joined the meeting, but did not assume the chair). Mr . Nash explained his submiss ions and hi s a bs enc e from previous meeting s . He explained that the position of ma jor trees blocked v eh i cular access to a structure except in this loc ation . He said that further expansions could be made without harm to the trees . Mr . Wilcox introduc ed his mother 's letter of .March 17, 1979 and said that their concer n 1 s were a pos s i b le re stri ction of u se of their property and a deterioration of pre s ent value of their pr op erty du e to cro,ding on the adjacent property . He said that there is room on the property for the con struction within the setback requirement . ~ughey asked what unique circums tance existed. There was no r eply. Mr. Broushard pointed out his adjoining property and s aid that he had no ob jection . Ko ehler said that there 'rould be no e f fect on adjoining setback , that he had no s p ec ifics a bout Mrs . Arnold 's ob j ection and that he could see no det riment t o the City 1 s interest in the proposal. The Chair moved that the var iance be granted bec ause there was no detriment to the public interest . The mot ion was seconded by Ringer and failed by the following vote : FOR: None AGAI NST : Har p er , Ringer , Ha,uey , DuBois , Hughey ( ( I I - 1 I I .... . Minutes / Page 2 Agenda Item Number 3 Consideration of a request for variance at -2817 Celinda Circle: Koehler said that he had not recommende d to the applicant that he be pre sent . The Board agreed that a representative of the applicant should henceforth be present in each case . Koehler explained that the discrepancy had been found by a survey and that it would be diff icult to detect otherwise . He pointed out that the house was complete and City inspectors had not notic ed the problem. Harper said that this appeared to be a serious brea ch of pub lic op en space . Hughey remarked that a variance prevente d the-City from making further complaint . Koehler explained that a complaint could be filed in Municipal Court against the builder for having deviated from plans, but that the trauma of a failure of closing when an enchroachment is di s covered r~n ders further p enalty superfluous. Ringer rfunarked on the hard ship of removing a part of the structure . Harper said that if a variance is granted , the structure thenceforth assumes the status of a non-conforming structure and than any further building permits , except for interior remodeling , must have the per- mission of the Board . Agenda Item Number 4 Consideration of a request for expansion of a non-conforming use from Jerry Ma jors at 107 College Avenu e : Koehler summarized the proposal and explained the previous variances. Mr . Majors describ ed his proposed structure and said that he had rented adjacent property for parking , but that his business was mo stly pede- strian . Harper asked about notification . Koehler said that it had not been sent f or this proposal, but it was not required except by policy. He said that the notice would be identical to that given for the last month 's action and that the adjacent ovmers were the lessors to this business . He remarked that any use of the property interfered with traffic and was , to that extent , detrimental to a public intere st , but that this would be so vihether or not the extensionnis allo wed . Harper remarked that the overall public interest is unclear in thi s case. The Chair moved that the extension be allowed because of the unique shape of the land and because no substantial detriment to the public interest can be identified . The motion was seconded by Hawley and unanimously approved . Agenda Item Nu.mbe r 5 --Consideration of a request for vari8nce from Agency Records Control : Dr . McMath brought to the Board 's attention that his firm had modified building plans to add 2000 square feet of building area and explained ( ( ( '-. • 1 Minutes / Page J -the effect on the previous varianc e to parking r equirements . The Board concurred that the variance was not affected by the additional area. Dr . McMath said that his project designers were unaware of the restriction on detached signs . He po inted out that the s ize and configuration of his tract was such that the limit should not reasonably apply . He pointed out that if the properties were seperately O'\.Jll ed more signs would be allowable. He said that .his firm 's operation "~s substantially different from retail uses and ther efor unique, and that he could imagine no detriment to the public interest . He said that the distances involved made any singl e sign in.effective and thus created a hardship . The Board dis cussed .the question of the logic of the· regulation and agreed that the . proposal was not objectionable. They discussed the delay i nvolved in obtaining an ordinance amendment. They agreed that the problem had to do '\.rith the provision of the ordinance not being appropriate or applicable to this size of tract , and that a variance would amount to changing the ordinance. Koehler re commended that the var i ance be denied in favor of recommending to the Co1L~cil to change the ordinance because he could see no circum- stance of this tract that was not true of any substantial commercial tract in the City, He said that he fel t that the public interest would be served by change of ordinance rather than stretching the variance procedure. Hughey moved that the request be tabl ed until the next regular meeting of the Board where the progress of an ordinance change could be eval- uated. The motion was seconded by Hawley and unanimously approved . The Board asked the Council Liaison to convey to the Council and Commis s ion their recomm endation to consiaer a change in the ordinance in as early an action as possible .