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HomeMy WebLinkAbout108 Regular Meeting 2.20.79'. AGENDA ZONING BOARD OF ADJUSTMENT February 20, 1979 7:00 p.m. l. Approval of the minutes £ram the meeting of January 16,1979. 2. Consideration of a request for the expansion of a nonconforming use from Ron Smestuen [Ri tea, Inc.; ·(Mr. Gatti' s) J . 3. Other business. 4. Adjourn. CITY OF COLLEGE STATION POST OFFICE BOX 9960 11 01 TEXAS AVENUE COLLEGE STATION, TEXAS 77840 MEMORRNlDUM TO: FROM: RE: Zoning Board of Adjustment Building Official Request for expansion of a nonconforming structure at 817 University Drive 1. The proposed addition of sign area to the existing roof sign will not be, of itself, nonconforming. 2. The existing structure, including both sign and building are nonconforming due to lot size and setbacks. A var- iance was granted on March 4, 1974 by the City Council, sitting as the Board of Adjustment, to allow the original construction. The sign is also nonconforming due to moving parts and its proximity to the street. A variance was granted by the Board of Adjustment on January 3, 1978 to this provision. 3. The lesee also intends to make extensions of the building structure. I have refused to forward his second r equest to this meeting in order to have time to obtain more detailed information concerning the reasons for and lim- itations of the original variance in 1974. 4. Enclosed in the packet you will find copies of the m±nutes of the above mentioned meetings. MEMBERS PRESENT: STAFF PRESENT: MINUTES ZONING BOARD OF ADJUSTMENT January 16, 1979 Chairman Hughey; Members DuBois, Harper, Jones; Council Lia ison Ringer. Building Of ficia l Ko ehler , City Planner Mayo, Community Dev elopment Dir ector Ca lloway . Agenda Item Number 1 --Approval of the minutes of the meeting of December 19 , 1978: Harper moved that the minu t e s be approved with correction. Th e motion was second e d and unanimously approv e d. Agenda Item Number 2 --Reconsideration of a request for a non-con- forming structure from Holiday Oil Comp a ny, 301 University Drive: Koehler reviewed testimony from the previous hearing. Hughey remarked that the non-confo rm ity of t he existing structu r e had no effect on the traffic problems cited at the previous hearing. Mayo said that the parking plan s h own was not wo rkable and would probably not be approved b y the City En gineer. He said that th e purpose of the addition was to change the business t o a more intensive use in terms of traffic and that th is should not be encouraged in the area . Koehler said that if objectionable spaces were deleted there would still be enough to meet ord inance re qu ireme nt s. Mr. Holiday said that vehicles now p ark on the site in whatever fashion they choose after his bus i ness closes , and tha t any orderly system would be an improvement. Hughey said that the question befor e the Board is whether or not an a ddition could be made to the struc ture a nd that any parking pla n within the limits of the ordinance is not t he Board's bus iness. The Cha ir moved that the request be a pproved because the condi tions o f p arking had existed for some time, be cuase parking on t he site was suf- ficient for the use proposed and because the proposed construction would not increase the existing non-conformity. The motion was seconded by Harper and was approved by the following note: FOR: Hughey, DuBois, Jones, Harper AGAINST: Ringer J Minutes/Page 2 Agenda Item Nu mb er 3 --Consideration o f a re q uest for v ariance f r om Rob e rt Nas h a t 3 0 1 Po~l ar : Koe hler said t h a t h e had no information exce p t that from the applican t. No one was present representing the applicant . Harper said tha t he c o uld see n o i n formation to show the reason f or hardship, if a n y, o r any unique condition necessitating th is p ar ticular plan. The Ch a ir move d tha t t he requ e st be tab leg until fu rther information cou ld b e obtained. The motion was second e d b y J ones. Th e Bo ard discussed t h e f a c t t 1ia t t he City wo uld now be face d wi th t he expen s e o f re-p ub lica tion and no t i f ication. Th e motion a nd second were wit hd rawn. The Chair moved tha t the variance be granted. The motion wa s seconded by Harper and failed by the following vot e : FOR : None AG AIN ST: Hughey, Harper, Jones, DuB ois, Ringer Agenda Item Number 4 --Consideration of a request for varia nce from the p arking r equirement from Everett Treadway , Lot 16-B , Lakeview Acres: May o said tha t th e Pla nn ing Commiss i on had a pp r oved th e Cond i t ional Use Permit and a parking p lan for the n umber of s paces proposed , but t h at the Bo ard wou ld s till have to de termine whether or not a variance should be granted to allow the reduce d numbe r of spaces. He said that the reason offered for t h e variance is tha t the nature of the p ractice do es . not r equire this number of spac es and tha t the applicant is not utilizing all of the area of the exis ting structure which influences the parking r e qui remen t . He said that he que s tion ed any showing of conditions o f the lan d. Koe hler s a id that t h i s u se i n a res i d en t i al zone r e quired a cond i t ional use p e r mit a nd tha t n o change in u se c ould be made, other than rever s ion to a r e sidence without obtaining a new use permit. He said that this could b e taken as a feat u re o f the l and . The Chair mo ved that the variance be granted b ecause u se of the property re qu ired a c ondit i onal use pe rmi t and because the r equ ired numb e r o f sp aces wer e not nece ssary to t h is p e rmitted us e . The motion was seconded by Ha rper a nd unanimou s l y a p pr oved . Ag enda Item Number 5 --Adjourn: Ther e bein g no other business, t he meeting was d e clared adjourned. J . P.e.ge -1 :>f' 2 APPLICATimT -.. . File No • Applic ation Da te ______ _ Rec'd by ------- Name of Applicant Ron Smestueri (Ritco, Inc.). (Mr. Gatti 's Restaurant) . Phon e 846-4809 Lot Block Su bdivision ---------------------------~ Description , If applicable -~Expan""""'E""""'"~s~i~o~n~o.f~a ......... n~o~.n~eo~n~f~a~nn ......... i~n~g-1~1s~e----~Cs~i~gn~)~---~---· Action requested: (Appeal, Nonconforming:Use,--Variance) Nonconforming Use /Drles~f~~uing~F~eb=~~-=~=2~0~,~1~9~7~9~-~-----------~----- ./ Adjoiners notified·-·-Mailing Date --=Fc..:::eb=ruarv~=..i..-=-1:::.3,,_, ~1::..9'-'7'""9"--------------­ NAME ADDRESS From curren t tax rolls, College Station Tax Asse ssor House of Pancakes 103 College Ave., C.S. Film -N -Photo 729 Jlniversi ty Drhre, C S ~DOnald's Restaurant · 801 University, c.s. MJbil Service Station 81 5 JJnisjersi ty~ c S Skctgg I :ii Alberj:SQDS . 301 Col 1 ege Avepne ~ c S Webster's H.:incock's . 309 ColJ.ege Avenue. c.s. cinema Theaters 315 College AvernJe, C.S. M=rle Noman Cosmetics 3ll. College Aven\le, C ~ S. House of Jeans 311 A College Avenue, C.S. Tan Foolerys 313 College Av~ue, C.S. Cone & Candy Tree 31 _3 A Colle<;a:e Avenue. C.S. Sports Club 311 B. College A~ue, c. ·s .· Shirt Shoppe :313 A Colle<¥f Avenue, c.s. Texas A & M University Office of the President, TAMU, C.S. ~ . r iOitro 1Jnr. 1!\, EST AU RANTS 107 College Avenue North College Station, Texas 77840 (713) 846-4809 Ron Smest uen Pre si dent Zoning Beard of Adjustment City of College Station College Station, Texas 77840 Subject: Request for Permission to Attach an Additional Sign to Exisiti ng Standard Members of the Baord: This request is based on the fact that I have subleased my property at 817 University Drive to Mr Jerry Majors. It is the intention of Mr Majors to utilize said property for selling fast food, namely-Italian Sandwiches, soft drinks, etc. Permission is requested to attach a sign denoting his business to the existing standard bearing the Mr Gatti's Sigh at 817 University. In sub- leasing the property I have reserved the right to maintain the "Mr Gattis" sign on the property. This Sitgn is directly over the property afore mentioned. Placement of additional sign is to be on the same standards, directly above the building. The new sign will, of course, be of such size and composition as to conform to existing surroundings complimenting neighboring advertising and will be in compliance with the directives of the City of College Station regarding size and lighting. Adetailed sketch of the proposed sign will be presented at the Board hearing. A dimersioned drawing is attached at th~s time. Sincere!;,? _x:--··-.. _ . ~~~ v --) 1 A tch: Drawing I~ -.. -.. _ .... _ -·-~ .... / / ~: .\ ~I l ,I I I I ·l J ., •; \ } ~IHbP ·. ' ! . l t (' .. I.• '·i ·-..... ~ - ...,_, > -.... \ \"'-\ ... \\1 . ' ... (. ·, ,;?'· ~.' .,_ • r• ~I 1 ,,,.. t:: t/) MEMBERS PRESENT: MEMBERS .ABSENT: MINUTES ZONI NG BO.ARD OF ADJUS'IMENT January 3, 1978 Chairman Sandra Runnels; Members John Hughey, Henry Hawley, Janet Storts; Council Liaison Larry Ri.'1.ger; Building Official Bill Koehler None 1. Approval of the minutes of the meeting of November 22, 1977: Hughey mo ved that the mi.Ilutes be approved. The motion was seconded by Hawley and unanimously approved. 2. Consideration of an ap eal and re uest for variance from Ron Smestuen Ritco Inc. • Koehler explained that the request and appeal a.rose from a notification to owners of spectacular signs construc- ted after the ordinance regulating them. He reviewed the application for variance and pointed out that, at the time the sign was constructed, the permit review process would not have discovered the discrepancy from the ordinance requirements. He said that the movement of the sign did not create a distraction to traffic. Mr . Smestuen explained that the design of the sign required movement , and that a new sign would be required in order to accomplish its purpose as a stationary sign. He cited the fact of intensive di s plays on adjoining property and that the sign in question serves to advertise the buildings separated by intervening frontage. He pointed out that the delay of en- forcement created hardship in that his opportunity to correct a violation unknown to him was lost some years ago. Hughey noted that the moving "<sign would be allowed if it was set further back and that he could find no detriment to the public interest. ~ .4 - ~ Runnels moved that a .variance be grruit8d to allow the sign to continue as a non-conforming .use. The motion ws seconded by Hughey and unani- mously approved. · 3. Consideration of a request for variance from H. A. Luther: Koehler re7.iewed the application and pointed out that the proposed carport addition would follow the same setbacks to which most of the structures in the neighborhood were builtr that there was no way of accomplishing the purpose observing the 72 foot setback, and that there would be no interrer- ence with public utilities. ( ( '· I ' ~ -1 ,- l I I I I I I I \ I I I MEMBERS PRESENT: MEMBERS ABSENT: GUESTS PRESENT: MINUTES Called City Council Meeting March 4, 1974 4:00 P.M. Mayor J. B. Hervey; Councilmen Homer Adams, C. A. Bonnen, Don Dale, J. D. Lindsay, and Fred Brison. None. See Guest Register. The meeting convened at 4:00 P.M. Assistant Director of Public Works Ford presented the variance request from John C. Culpepper concerning the Mr. Gattis Pizzamat. Councilman Adams moved and Councilman Bonnen seconded, that the variance be granted to Culpepper Realty Co. to locate a Mr. Gattis Drive-In Pizza Parlor in the present Rao property. The vote was unanimous and the variance was granted. Dr. Pinnell presented the Administrative facilities part of the Phase II Interim Report concerning City Hall space, police Operations, Fire Service, Maintenance and Warehouse, and a projected step approach. Dr. Pinnell then discussed the solid waste collection and landfill problems and projections. City Planner Koehler presented a projected outline for four study teams. Councilman Bonnen moved and Councilman Brison seconded, the plan presented by the City Planner be followed by the council in studying the Phase II Interim Report. The vote was unanimous. The Mayor will name the conunittee members. Councilman Lindsay moved and Councilman Bonnen seconded the passage of Ordinance No. 907, an ordinance naming the 1974 Board of Equalization and setting the date for the first meeting. The vote was unanimous and the ordinance was adopted. Councilman Brison moved and Councilman Adams seconded that the City of College Station contribute $5,607.00 to the renovation of Wayne Smith Park contingent upon the definition of the property title. Mr. Bouse thanked the Council for its action and consideration of ' support for the Little League. The meeting adjourned at 5:20 P.M. ATTEST =H /SI February 13, 1979 TO WHJM IT MAY CONCERN: The Zoning Board of Adjustment will consider a request for the expansion of a nonoonfonning ·use fran R6n Srrestuen (Ri too, Inc. ; (Mr. Gatti' s)] at their regularly scheduled rreeting in the CotmCil !born of the College Station City Hall at 7:00 p.m. on Tuesday, February 20, 1979, the nature of the case being as follows: The applicant requests permission to expand the present sign located on the property. Further inforrration is available at the office of the Admiiitistra- tive Assistant to the City Mmager, City of College Station. Sherry L. Albrecht Mministrative Assistant to the City M:mager ' ) ( ( MEMBERS PRESENT : MEMBERS ABSENT : VISI TORS : MINUTES ZO NI NG BOARD OF ADJUSTMENT February 20 , 1979 Acting Chairman Harper; Members DuBois, Jones , Ringer Havley, 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 -was seconded by DuBois and unanimously approved . Agenda Item Number 2 --Consideration of a request for ex:pan~ion of a non-conforming u s e from Ron Smestuen : Mr . Smestuen explained that he proposed to add to a non-conforming sign to accomodate a nev tennant . He said that he also intended. to remove the arrovs as a part of this construction vhich 1.10uld reduce the span and apparent area of the sign . Koehler explained that the sign va.s non-conforming because of a moving portion and because it i s part of a building vhich exists because of a variance to setback regulations . The Chair moved that the request be appro ved on the condition that the arrovs be removed because the proposal will reduce the degree of non-conformity and vQll reduce any adverse effect on the public 's interest . The motion was seconded by Ringer and unanimously a pproved . Agenda Item Number 3 --Other Business : Koehler presented material rece i ved from Mr . Nash for the purpose of determining wheth er or not there Pas sufficient i nformation to viarrant a hearing on the case . The Board agreed that Mr . Nash '.P - presence viould be necessary to the case being heard . Agenda Item Number 4 --Adjourn : There being no other business the meeting vias declared adjourned .