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HomeMy WebLinkAbout106 Regular Meeting 3.20.79( ' ( ( I <.I I I MEMBERS PRESENT : MH1BERS ABSENT : VISITORS: MINUTES ZONING BOARD OF ADJ1JS1MENT March 20, 1979 7: 00 P . M. Acting Chairman Harper , Hawley, DuBois , Ringer, Hughey. Jones Building Official Koehler, Community De v elopment Director Calloway, Mr . Rob ert Nash , Mr . Glenn Wilcox , Mr . Don Broushard , Mr.. Jerry Majors, Dr. Wallace McMath. Agenda Item Number 1 --Approval of the minutes of the meeting of February 20, 1979: Ringer moved that the minutes be approved as presented . The motion was seconded by Hawley and unanimously approved . Agenda Item Number 2 --Consideration of a request for a variance from Robert Nash, 301 Poplar Street: Harper revi ewed the Board 's previous considerations of the matter. (Hughey joined the meeting, but did not assun1e the chair). Mr . Nash explained his submissions and his ab s ence from previous meetings . He explained that the position of major trees blocked vehicular access to a struc ture except in this location . He said that further expansions could be made without harm to the tree s . Mr . Wilcox introduced his mother 's letter of March 17, 1979 and said that their concern 1 s were a possible restriction of u se of their property and a deterioration of present value of their property due to crovrjing on the ad j acent property . He said that there is room on the property for the c onstruction within the setback requirement . ~ughey asked what unique circumstance existed . There ~~s no reply . Mr . Broushard pointed out his adjoining property and said that he had no objection . Koehler said that there would be no effect on adjoining setback , that he had no specifics about Mrs . Arno l d 's ob j ection and that he coul d see no detriment to the City's interest in the proposal . The Chair moved that the variance be granted because there was no detriment to the public interest . The mot ion v ~s seconded by Ringer and failed by the following vote: FOR : None AGAINST : Harper , Ringer, Hawley , DuBois, Hughey ( ( ,. Minutes / Page 2 Agenda I tem Number 3 Co ns ideration of a request for variance a t '2817 Celinda Circle : Koehler said that he had not reconune nded to the app licant that he be pre sent . The Board agreed that a r e presentative of t he applicant s hould h enceforth be present in each c ase . Koeh l er explained that the discrepancy had been found by a survey and that it would be difficult to detect otherwise . He pointed out that the hous e was complete and City inspectors had not noticed the problem. Harper said that this appeared to be a serious breach of pub lic open space . Hughey r emarked that a variance prevented the--City from making further complaint . Koehl er explained that a complaint could be filed in Mun i cipal Court against the builder for having deviated from plans, but that t he trauma of a failur e of closing when an enchroachment i s discovered renders further penalty s up erfluous . Ringer remarked on the hardship 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 r emode ling, must have the per- mission of the Board . Agenda Item Number 4 Con sideration of a request for expan sion of a non-conforming u se from J e rry Maj ors at 107 College Avenue: Koehler summar iz ed the propo sal and explained the previous variances. Mr . Ma jors described his propos ed structure and said that he had rented adjacent property for parking, but tha t his busines s was mo stly pede- s trian . Harper asked about notification . Koehler said that i t had not been sent for this proposal , but it was not required except by policy. He said that the n otice ~~uld be identical to that given for the last month 1 s action and that the adjacent o"WUers were the lessors to thi s business . He .remarked that any u s e of the prop erty interfered "1ith traffic and was , t o that extent , detrimental t o a public interest , bu t that this would be so whether or not the extensi onnis a llowed . Harper remarked that the overal l public intere st is uncle ar in this case . The Chair mo ved that the extension be allowed because of the unique shape of the land and because no substantial detr iment to the public interest can be i dentified . The motion was seconded by Hawl ey and unanimou s ly approved . Agenda I tem Number 5 --Con s i deration of a reque st for var i~mce from Agency Record s Control : I Dr . McMath brought to the Board 's att enti on that his firm h a d modifi ed building plans t o add 2000 s quare feet of buil d i ng area and explained ' .,..J · ' ( ( ( ,,. I : I I JVlJ..nUT.es ; ..t'age :> -the effect on the previous variance to parking requir eme nts. 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 pointed out that the size and configuration of his tract was such that the limit should not reasonably apply. He pointed out that if the properti es were seperately owned more signs would be allowab le. He said that hi s firm 's operation v1as substanti a lly different from retail uses and therefor unique, and that he could imagine no detriment to the public interest. He said that the distances involved made any single sign ineffective and thus created a hardship. The Board discussed the question of the logic of the regulation and a greed that the propo s al was not ob jectionable. They discussed the delay involved in obtaining an ordinance amendment . They agreed that the problem had to do with the provision of the ordinance not being appropriate or applicable to this size of trac t , and that a variance ·would amount to changing the ordinance. Koehler recommended that the variance be denied in favor of recommending to the Council to change the ordinance because he could see no circum- stance of this trac t that was not true of any substantial commercial t ract in the City, He said that he felt that the public interest \.JOuld be served by change of ordinance rather than stretching the variance procedure. Hu ghey moved that the r e quest be tabled until the next regular meeting of the Board where the progress of an ordinance change could be eval- uated . The motion v~s seconded by Hawley and unanimous ly approved . The Board asked the Council Liai son to convey to the Council and Commission t heir recommendation to con s iG er a change in the ordinance in as early an action as possible. / AMEND ED AGENDA ZONING BOARD OF ADJUSTMENT MARCH 20, 1979 7:00 p.m. 1. Approval of the minutes from the meeting of February 20, 1979. 2. Consideration of a request for a non-conforming use from Robert Nash, 301 Poplar Street. 3. Conside ration of a request for a variance from the set-back requirement from D. R. Cain, Construction Co., ·at 2817 Celinda Circle. 4. Consideration of a request for the expansion of a non-conforming use from Jerry Majors, The Dawg House, 107 College Avenue. 5. Consideration of a variance from the Agency Records Control, 3001 East Bypass. 6. Other business. 7. Adjourn. CITY OF COLLEGE STATION POST OFFICE BOX 9960 11 01 TEXAS AVENUE COLLEGE STATION, TEXAS 77840 March 16, 1979 MEMORANDUM TO : FROM SUB JECT : Zoning Board of Adjustment Building Official /1/:f_,,/ 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 very easy mistake to make on a cul-de-sac , and it i s also likely to escape the notice of the inspector. The problem in this case was discovered by the surveyor preparing a plat for finance purposes . The house has been completed since June, 1978 . The hard- s hip involved in removing it is obvious . The problem is difficult to discern without measurement and the purpose of open space requirements on this lot appears to be ful- filled . 2. Mr . Nas h 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 will have to be removed if it is not portable . We have not investi- gated the structure at this time. ( ( \ ' ( MEMBERS PRESE NT : MEMBERS ABSE NT : VISI TORS: :MINUTES ZONING BOARD OF ADJU STMENT February 20, 1979 Acting Chairman Harper; Members DuBois, Jones, Ringer Ha •rley, Hughey Building Official Koehler, Mr . Ron Smestuen, Mr . Jerry Majors Agenda ' Item Number 1 --Approval of the minutes of the meeting of January 16, 1979 : Ringer moved that the minutes be approved as presented . The motion "\.as seconded by DuBois and unanimously approved. Agenda Item Number 2 --Con s ideration of a request for expansion of a non-conforming use from Ron Smestuen: Mr . Smestuen explained that he proposed to add to a non-conforming sigri to accomodate a nev tennant . He said that he al s o intended. to r emove the arrovs as a part of this construction vhich ,.10uld reduce the span and apparent area of the sign . Koehler explained that the sign •as non-conforming because of a moving portion and because it is part of a. building i.t1ich exists because of a variance to setback regulations . The Chair moved that the reque s t be approved on the condition that the arrovs be removed because the proposal •d.11 reduce the degree of non-conformi ty and •d.11 reduce any adverse effect on the public's · interest . The motion was seconded by Ringer and unanimously approved. Agen da Item Number 3 --Other Business : Koehler presented material received from Mr . Nash for the purpose of determining whether or not there ,.as sufficient information to "arrant a hearing on the case . The Board agreed that Mr . Nash 1 p . presenc e 1rJOUld be necessary to the case being heard . Agen da Item Numbe r 4 --Adjourn : Ther e being no o ther business the meeting •as declared adjourned . City of College Station 1101 Texas Avenue College Stt.ion , Texas 77840 Attenti on : Th.e Zoning Board of Adjustment Gentlemen: Re: 301 Poplar , College Station , Texas 3735 West Bay Circle Dallas , Texas 75214 Mar ch 17 , 197 I ha~e received your notice regarding the request for a non-conforming struct ure on the abov a-captioned lot· in the mail today . Inasmu ch as I reside in Dallas and it is impossible for me to rearrange·;~ work schedule on such short notice to be able to be present at the meeting on Tuesday , March 20 , 1979 , I would like to submit this lett er as a protest . I own the lot directly adjacent to the lot in question . My concern is that granting this ~ariance could cause some problem in the future . If a new building were erected on my lot , and if I am c orrect in inter- preting the set-back cited on the information sheet for AP Zoning to be the same ·as that of C Zoning , which would permit 11>t line building , this would not leave the necessary 15 feet between structures . Also , I am concerned that if I were to sell my lot in the futur , the ot1erbuilding on the adjacent lot might might be harmful to the value of my property . 1herefore, I do not feel this variance should be arbitrarily granted nor is ~ 'ssential ,since there is adequate space to build this structure within the permitted area on the 1 t. While I feel there is no hardship involved, but merely a preference , which vlould not seem to me to b adequat gr unds for violating the City Ordinance, I do not want to inconvenience the adjoining owner and would have no objection to his erecting a portable structure to serve his purpose in ' the set-back area, as it could be moved later on if necessary . Sincerely yours , f-:J~-+ N . J . \lilcox ---------------- .. ·.------: ........ Toa Th e Zo ning Board of Adjustment From1 Robert Nash 301 Poplar College Station Texas 77 81~ I am writing this letter to explain why I must violate the set back distance on my property from tw enty five feet to sixteen feet. Th e reason is that I want to maint ain sixteen feet from the house , the fe nce on the back side and the fence in the front of the building on Eisenhower st •• I am g oing to build a t we lve foot by twenty four foot carport and storage building,mostly storage.It will be built with 2/4 framing wi th T 111 siding and comp osition roofing on a hip roof. - The lot is #5 in the College Vista division BK.B. It is on the coRner of Eisenhower and Poplar. It is zoned R/2 duplex •• A small plan is attached1 Thank you, .f~~ Rob e rt Nas h • t [ I I !~ I I I 1 ~ l i ~ ~ ! I ·1 J I I I I I I r I I l I r -------·-. -"' /t/ / ! l I i j I ! I \-\t>0s~ '----- . s-,-. I I 1 f f\\ City of Col leg e Station Po s t Of f i ce Bo x 996o 110! Te xas Ave nue Colleg e Station, Texas J a nuary 23 1979 Dear Sirs This l e tter is in referance t o t he storage bu i lding I wan t t o build. Firs t of a ll I recieved a letter f rom City Hall saying there would be a meeting on Tuesday night but i t didnt say that I had to be their. But t he reason I missed the meeting wa s - be cause I had to wor k late.I type d the inrormation a s ked for a nd boug ht 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 would have to cut some large limbs off atree and that rrnuld kill the tree.Also it would ma ke it hard to g et a concrete truck in to pour a slab for an add on to the house. The ~is zoned for duplex and sometime in the fi ~C/9 future Ihave int entions of adding on between the f . house and storage building.If this plan would be approved now,this would result in a lowe r construction cost in t he future. Your consideration on this would be appreciatad. T~~2J.~ R6'F:rt -G Nash 77 f340 .... _C ITY OF COLLEGE gr ATION POST OFFICE _BOX 9960 1101 TEXAS .AVENUE COL LE GE S TATION, TE X AS 77840 January 18, 1979 Mr . Robert Nash 301 Poplar College Station, Texas 7784a Dear Hr. Na sh: The Zon i n g Board o f Ad jus t me nt considere d y our a pplic ation for varianc e and conclu ded that tfi ey h ad n o info rmation u p on which to oase a decision . Your request was d e nied by unan- imous vote. The Board is required by ordinance and by statute to grant variances only when the following facts are shown oy testi- mony or other evidence submitted by the applic a nt:. 1. Th e re is some unique and sp e cia l condition of the land not normally found in lik e di s tricts. 2. Following the requirements of the ordinance would result in unnecessary hardship. 3. Approval will not be contrary to the public interest. The Board 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 information, I have directed Mrs. Albrecht not to advertise any further application until the Chairman has examined your application -and a grees to admit it to the a g e nda. Obviou sly, I cannot issue any Building Permit with the layout you have submitted unless the Board approves it. - Sincerely; _ -/ -, .. // .. ·/ . ;/_~/. ' /,,;/~· /. "' ·-·-:7,f> . , / (//6;:~/~.··/ / {//·4 .1'°[. 1-;,;;. .... .,,//· // ..... ,..,,.W"- William F . Koehler Building Official WFK /rm 1 / . \: \ :H ,:.. ,,.t.CA'l'IO?{ Appli c at:w n JJa t.A~ -------- Rec'<l b y -------~ _.uarcs~ 3002 South Texa s , Coll ege S tatio n , Texas or P.O. Bo x AV, Col l e.ge Sta t i on, Texq_s Ppone 6 9 3 -8 8 5 0 _ _,ot Block Subdivision Action requested: -~ee1 Varia nce .Jate set for h earing - '\djoiners notified --Mailing Da te NAME ADDRESS From current tax rolls, College Stat ion Tax Assessor 1. Dr. Moses Chung 2813 Ce linda Circle, College Stati~T.e xa s 2. r,1r • Jim Shelby 2815 Celind a Ci rc l e , Coll ege Station, Te.xa s 3. Mr . Roy Carney 2819 Celinda Circle, Colleg e Station, Te xas . 4 . Mr. Mike Jones 2816 Celinda Circle, College Station, 'l'exas 5. Doni , Inc. P.O. Box AV, College Station, Texas ,. Vir . Gar y Brown 2810 Celi nda)cjrcle , CoJJege Station, 'J'9 x· J) • 7. r.~r . George Al Je n 2808 Ce] i nda CircJ e, Coll~gQ Stab on, rp 8. Joe Co u r tn~~Ci Inc. J2. Q. EQ~ 43Q5 , 'Bryan, Texas • 9. Joe Courtney, Inc. P.O. Box 4305, Bryan, Texas 10 . Joe Courtney, Inc. P.O. Box 4305 , Bryan, Texas 11. Joe Courtney, Inc. P.O. Box 4305 , Bryan, Texas · 12. Jo e Courtney, Inc. P.O. Box 4305, Bryan, Texas 6 . Chair man Planning and Zoning Commission City of College Station College Station, Texas 77840 Dear Sir: D.R. CAIN COMPAN Y INCORPORATED HOME BUILDER --LANO OEVELOPER--APARTMENT OWNER ' March 14, 1979 I her e by request a vari a nce fo r Lot 26, Block 26, Southwood Valle y , Section D, locally known as 2817 Celinda Circle, College Station, Texas. This residence is located on a culdesac and when locating the house from the center of the culdesac an encroachment was made of the building line. This oversight was not caught and therefore, the house was placed with a portion of the garage extending into the building line (see attached survey). Sincerely, D. R. Cain DRC: jc A t.tachemen t 1 3002 SOUTH TEXAS AVENUE --COLLEGE STATION, TEXAS 77840 --(713) 693-8850 MAILING ADDRESS: POST OFFICE BOX "AV" COLLEGE STATION, TEXAS 77840 CITY OF COLLEGE STATION P OST O FFICE BO X 99 60 11 0 1 TE XA S A VE NUE COLLE G E STATI ON , TE XA S 77 8 4 0 March 20, 1979 MEM OR ANDUM TO : FROM : SUBJECT : Zoning Board of Adjustment Building Official j/'~- Variance , Agency Records 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 "bounded by the property line". When Section 8-D.6 prohibits more than one detached sign on any one building plot, it is s peaking of that area of land under one Gl'W!lership without regard to any number of contiguous seperately described tracts of which the ownership may be com- posed , and without regard to any leases or other private agree- ments . 2 . The fact of so large an area of land being restricted to one sign appear s illogical, but it is certainly not unique . Most of the recentl developed retail cormnercial t ract s have s imilar frontage and, in addition, have multitudes of seperate tennants with more definable outdoor adverti sing needs . They abide by this ordinance as it is written. J. The appli cant does not attempt to show any element of hardship . If the applicant has funds available for outdoor advertising , a porti on of these funds may well be required to remove the existing sign . The planni ng and graphic design he may have to do to combine the purposes of both signs into on e s tructure a.re not unusual requirement s and a.re done regularly by other bus i nesses of lesser size and, presumably , lesser resources . Page 2 4. The applicant does not address the public interest . In my opinion, the public interest would be served best by a regu- lation which would recognize the obvious differences between a 37 acre tract with frontage on ma j or roads which are not intervisible , and a 50 foot wide commercial lot in a strip of such lots . This , however, is a legislative function which should lie with the City Council. If the Board grants this variance , we may be assured of an inundation of such requests and would have no means to decide among them . The Council, if they saw fit to change the ordi- nance , could also specify the criteria which would justify more than one sign . 5. I recommend that the Board consider denial of the variance and recommeiid to the applicant and to the Council that the present ordinance be amended with respect to the number of de t ached signs on large tracts . The applicant may initiate such a change in the same fashion that 11 re-zoning11 petitions are made . ilE Agency Records Control, Inc. a Kaneb company P. 0. Box 1009 • Bryan, Texas 77801 • (713) 693-6122 C. Wallis McMath, Jr. Vice President-E ngineering March 5, 1979 Ms. Sherry L. Albrecht City of College Station P. 0. Box 9960 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 park- 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, A/~·A,~ C. Wallis McMath, Jr. CWM:km Page 1 of 2 -. hPPLICA'lIO N File No . Application Date ------~ Rec 'd b y ------~ Na.I!1e of Applicant ___ A"'""g..._e::..;n=c_,_y__;:R...;..;e;;;..c:::...o=r..::d:..::s'--C=-o=nc.::t:.:r;...;;o:....:l::......, -=I=n .... c"""'''------------~- Address 3001 East By-Pass, College Station, Texas 77840 Phone 713-693-6122 Lot Block Subdivi •·i on (See Attached) ~----' ~------ Description, If applicable ~--------------------------- Action requested : (App eal , Nonconformin g: Us e, Variane e ) __ v_a_r_ .. i __ a_n_c_e ______ _ Date set for hearing ·----------------------------------------~- / Adjoine!'s notified -Mailing Date ----------------------- N/.U·IB .ADDRESS From current tax rolls, College Station Tax Asse ssor Hal Dec, Inc. (Allen Swaboda) 1216 Glade, College Station T. D. Letbetter Bo x 2616, College Station James Jett, et al 1400 Turkey Creek Road, College Station C. E . Bertrand 120 Miller Lane, College Station Brethren Church of College Station Unknown ' , Page 2 of 2 File Ho . _______ _ , . REQUEST FOR VARIANCE Present zoning of land in que stion M-1 -------Item 1. 7-C Section of ordinance from which varian ce is sought_I_t_e_m_2_. __ 8_-_8_._6 ______ _ The f ollm..rlng specific variation f r om t he ordinance is requested : _______ _ 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 the fallowing. unique and special conditions of the land not found in like districts: Item 2. The ordiance does not define what constitutes "a plot of land". The following alternatives to the requested variance ar e possible: ______ ~ This variance 'Will not be contrary to ·the public interest by Virtue of the fallowin g . facts: The public is not affected. ----=----------~------------·~-------- true and correct. The M:dl~ application are . Applicant Dat e REVIEW AND C OMME1'\J T: Building Official: _3_: _l 0-P"-T-=-.1....L...J=""-~-__.....,~=.:'-'--'-...,__.L-1..1<..--'-'--'=-.U. pJ<Off>5 D 7---?Al")O \ ]J_J ·~ --cC, -~ 0-~ ""'