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Home My WebLink About109 Regular Meeting 1.16.79' ' ZONING BOARD OF ADJUSTMENT POLICE AND MUNI CIP AL COURT BUILDING January 16, 1979 7:00 P.M. 1. Approval of minutes of the meetin~ of December 19, 1978. 2. Reconsideration of a request for a non-conf ormi ng s tructure ·fro m Hol i day Oil Co mp any, 301 Un iversity. 3. Considera tion o f a request for a non-conforming str uctur e from Robert Nash , 301 Poplar . 4. Consideration of a request for a variance from the parking requirement from Everett Treadway, Lot 16 B Lakeview Acres. 5. Adjourn. CITY OF :COLLEGE STATION .POST ·OFF I CE ·BOX · 9 9 6 0 110 1 TEXAS . AVE .NUE COLL EG E ST AllON , TEXA S 77840 MEMORANDUM DATE: January 15, 1979 ... TO: Zoning Board of Adjustment FROM: ZBA Coordinator RE : Meeting of January 16, 1979 The Building Official, Bill Koeh ler, is ou t o f town a nd unable to send his regular memo concerning the mee ting. Mr . Koehler will return before the meeting. Item No~ 2 -Reconsideration of a request for a non-co nforming structure from Holipay Oi:t. Co. This item i . .s brought be ofre the ?BA on the request of members of the board at the previous discussion on December 19, 1978 . Item No. 3 -Consideration of a request for a non-confo rming struc ture from Robert Nash. This is a request to build a 12 ' X 24' carport which will violate the set back requirement from the back lot line. Item No. 4 -Consideration of a request for a variance from the parking requirement from Everett Treadway. This item is brought to the ZBA as a result of the Planning and Zoning Commission's conditional approval. The variance is to allow Mr. Treadway to build eight parking spaces for his dentist o ffice , instead of the required 16-18 spaces. J \ I \ ( I I I I I I -I i I I I Mit>."'UTES ZONING BOARD OF ADJUSTMENT December 19, 1978 MEMBERS PRESENT: Chairman Hughey; Members Hawley, Jones, Harper; Building Off icial Ko e hler Agenda Item Number 1 --Approval of the minutes of the meeting of November 21, 1978: Hawley moved that the minutes be approved as presented. The motion was seconded by Jones and unanimously approved . Agenda Item Number 2 Consideration of a request to e xpand a non- conforming structure by Holliday Oil Company: Koehler explained that the propos ed a ddition did n o t itself encroach on any bu ilding line, that parking met minimum requirements and that the original building did not meet rear setback r equirements. Mr, Don Gant er said tha t he and Mr . Anz owned similar businesses in the area and that parking and pedestrian traffic conditions were severe. He said tha t attracting· more such traf fic would increase t h e proble m. Mr. Geor ge Boyett said that he and oth ers represented b y him had c ommer- cial. pro perty in the a rea and recogniz ed parking and traffic problems. He offered the opinion that further expansion should not be permitted until pos itive steps had been taken to alleviate the problems that now exist . Mr . Holliday said that his plan provided for 14 parking spaces which exceeds the number of spaces provided by many of the exis ting busines.ses menti oned, The Chair moved that the request be approved because the conditions of parking had existed for some time, because parking on site was sufficient for the use proposed and because the proposed construction would not increase the existing non-conformity. The motion was seconded by Jones. Hawley commented that the addition of space and change of nature of use would compound a severe problem which already existed. The motion failed by the following vote: FOR: Hughey, Jones, Harper AGAINST: Hawley J- ' I ( I ( \1 Minutes/Page 2 . Agenda Item Number 3 --Consideration of a request to expand a non- conforming structure from Larry Hill: Koehler explained that the existing residence did not meet rear setback requirements and that the proposed expansion was the addition of a second story which would not exceed the horizontal limits of the exist- ing structure. He pointed out that the Board had considered and rejected an earlier proposal and that this request had corrected objectionable features of the first proposal. Re said that the cooking facilities would have to be deleted. Mr. Hill concured with deletion of the cooking facilities. The Chair moved that the request· be granted because the extension will not substantially alter the character of the structure or increase the non-conformity. The motion was seconded by· Harper and unanimously approved. Agenda Item Number 4 --Other Business: There was no other business. Agenda Item Number 5 --Adjourn: There being no other business, the meeting wa s declared adjourned. ·, ' "' Decemb er 6 , 1978 Holli ay Oil o. 1200 S . M A IN P .O . B O X 4 16 7 BRYAN. TEXAS 77801 C713l -822 -6 4 64 Planning & Zoning Co mm ittee City of Co llege Station Coll ege S t a tion , Texas 77840 Dear Sir : I hav e le as ed the Ph illips Si x ty-Six Self Service Station at 301 University Dr ive, College Station, Tex as. I am presently operating the station and woul d l ike to make an a d diti on to the present structure . I will continu e to use the present office for the retailing of gasoline, and I am g o ing to use only the si de island on Boyett Street for the sale of this ga soline . The part o f th e station whe re the three (3 ) service b ay ar e as are locat ed will be converted to a game room and I n eed to construct a nonc onform i ng structure as shown in my plans which are attached . The valu e of the n on conf orm ing structure wi ll be less than 60% of the apprais ed value of the conforming structure . Als o, the new nonco nf orming structure will be cons tructe d in such manner allowing me t o r eturn at a futu re date to the pr esent conform i ng structure i f n e c es s ary . Sinc e r e ly, J I Holliday Oil Co~ 1200 S. MAIN P .O . BOX 4167 BRYAN . TEXAS 77801 <713) -822-6464 I am furnishing the names and addresses from the current tax rolls of College Stat ion Tax Accessors office o f the people within 200 f ee t of the p r operty I have leased at 301 University Drive , College Station, Texa s~ Block 1 Lot lLJ-A Ter -Eco Corp . · P • 0 • Box 2848 College Station , Texas Bl oc k 1 Lot 14-B-C lJC,15,16 Mrs . Annie Seegar % Jac k Boyett P. o. Box 1LJ-2L} College Station , Texas Block 1 Lot 12-llC 13A A. P . Sr . & N. K. Boyett 3 1 5 Boyett College Station , Te x as Block 1 Lot llB L. B. Lindley 114 Ea s t Washington Navasota, Texas 778 6 8 Bl ock 1 Lot llA Jack Boyett P. O. Bo x 142l} College Station, Texas Block 8 Lot 35 8' of 8 Alvin Weiss & Stanley Weiss P • 0 • Box lt44 Killeen, Texas 76541 Block 9 Lot 56 Christian Science Soc. 201 Boyett College Station, Tex as 77840 --·. -;r--~~ .. Block 8 Lot 9-lli- Block 1 Lot 10-A & B A. P. Boyett, Jr. 107 Boy ett · ·college Station, Texas Block 1 Lot 17 City of College Station Block 8 Lot 3 Don Ballar d Ro ute 2 Box l LJ-2 Bryan, Texas Block 8 Lot 4,5,6 Bill Schu lm an 2109 Vinewood Bryan, Texas Block 8 Lot 7 A. P. Boyett, Sr. 315 Boyett Colleg e Station, Texas Block 9 Lot lt- N. K. Boyett % N. _·Hendler 1103 N. 11th Street Temple, Texas 76501 .. ' I UN!VERSlTY . ~r=--. -' I \ -·---. _____ _[ ____ .----:_-_ -~·--------I -, --·--~ i L---.-r---.....-) ; I ,-----~B I I . . . ~~l : L.~~= --~N'F ~--· . 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'I .it r1 ii ,. j/ I! 1; ;I ,, i/ • 1 Toi The Zoning Board of Adjustment From a Robert Nash 301 Poplar College Station Texas 77 840 I am writing this letter to explain why I must violate the set back distance on my property fro_m twe nty five feet to sixteen feet . • The reason is t hat I wa nt to maintain sixteen feet from the house , the fence on the back side and the fence in the front of the buil ding on Eisenhower st •• I am g oing t o build a t we lve foot by t wenty four fo ot carport and storage building,rn ostly s t orage .It will be built with 2/4 framing with T_111 siding and composition roof ing on a hip roof. The lot is #5 in the College Vista divis ion BK.B. It i s on the CORner of Eisenhower and Poplar. I t is zoned R/2 duplex •• A s mall plan is attacheda Thank you, .fded-~ Robert Nash I I ,. . \ I ____ _) Of __ _ ----------1 I <-\\IJ... ;z1 -I \ ~ l i 1-~ i j I I l I I· I I ) i ,~I -7 . I I ___ . ___ J . . ?,.c..ge 1 of 2 · i'.P:?LI CAT I ON File Ila . Ap/lit:;;:t.ion Dato ------- :R 1";(; l d b;j' . ----- Applicai1 t ~E_v_e_r_e_t_t_F_. __ T_r_e_a_d_w_a~y~·~D_._D_.s_. _______ ~ Address 1803 Shadowood Drive , College St at ion, Texas P hone 6 9 3-14 3 4 Lot 1 6B Blo :~k Subclivision La ke vie'~ Acres ---- Description , I f applicable ~--------------------------~ Action requested : (App eal, Non c onforminK Use,-Variance) __ y:..:a=.r::..;1=.· a=n=c.:::e ______ _ i Ad j o jners notified --Mailing Date NA.HE .ADD TIE SS F rom cnr!'ent tax ro3=l s, Coll ege Station. Tax Assessor I.L. Krenek 2829Texa s Avenue -Co ll ege S t:3 tian , T exas ·773 40 · Clint A. Bertrand 1 20.Hiller La,ne -College· Station, Te x as 7784.0 Ervin L . Bu sse 2831 Texas Aven ue ~ College Stati on, T£xas 77840 _~- Ralp h E . Mil ler & B.H. Ransdell 504 Gi_lchrist -Co llege· Statfon, Texas 77 840 . Jo e Cem i n o 906 W. 26 th , Bry an ~ Texai 77801 D.R.· C a in~ Inc. Box AV, Colleg e St a t ion Tex as 77 84 0 Sout hwood Valley , Inc. Drawe r AF , Col lege St ation , Tex as 77 840 · I . \ ·'.. . . '\ .tge 2 o."' 2 File No.-------- .ti:Ql JEST F'OR V_'UUAN CE ;, Present zoning of land in question_R __ -_1 ______ _ S ection of ordinance from which variance is sought 7 _-_c"--------------- Ti1e folloifillg specific variation fron th e ordinance is requestcd: __ E_i_._g,_h_t _____ _ parking spaces are wanted instead o f the r~quired _16 to 18 spaces as .described in the zoning ordinance ·-----~---~- This ·variance i s necessary due to the follo1'rlng. unique and special conditions of the land not found in like districts : The Applicant is p urcha sing .an .existing strnctJire {l 634 S F ) for · use a.s--~--- (l: , ;~ I as orthodo ntist's office. If he was building as office .O.ILan.ua ..... t..AJhu::e;...i.r _________ _ site, he wo uld require an office o f the size that is indicated by the wanted · eight parking spaces~ The follomng alterna tives to t he r equest ed var·iance ar.:·e possible:: ________ _ •. This variance will not be contrary to the public interest by virtue of the . following. facts: There wi ll be o ne orthodontist and one staff membe r working. in the ·~..:..-~~~~~-:------'---"'~-~-~·~·-~·~·_.=;;.=:.;'~-=-==;:=====================-- structure. There will be only two. dental chairs~-and appointments scheduled at . ..,, . ·'i '1 ... __ ,i 30 minute intervals~ The most vehicles on the· ·site at one time would p robab ly -.. . .. : ... be six. this application are true and correct. ,Jannary 5, 1979 Date REVIEW .AND COMMEN T: Building Official=-------,.------------- I)>-· '., I ., .. " I .......... ' •l \ ; l I .. I I ! i (- MI NUTES • ""pla n nin g -and Zon i 119 Commiss i on J a nuary 4, 1979 18 and 25 f ee t tall a t th e eves . Page 2 Mr . Borm ann stated that th e r es i d~n ts were not affra id of the A-P zoning but th a t th ey had no a ss uran ce th at t he p l an wou ld be bu il t as s ho wn by Mr . Crus e. Mr. Darr el Davis spoke in opposition. He s tated that althoug h A ~P mi g ht be a r ea li st i c zone fo .r the pr operty, he wa nt e d to s e c a 60 fo ot buff e r~ Mr. Cru se po int ed out that he was providin g a 2 5 f o ot set ba ck rath e r th a n t he 15 foot setback required ·by ordinance and that this 25 feet plus th e 25 foot setback of the houses on Mile Drive l eft a 5 0 fo ot und e veloped str\p . Co mmissioner Jo nes stat ed th at h e felt th e 60 foot buffer was not a r ea li st i c d em and. He al s o pointed out that if the property were l eft R ~l, It could be developed into sma ll lots w ith s ma ll ho uses whi c h wou ld ha ve an a dv erse e f fect on · th e va lu e of hou se s o n Hf l e Dri~e. Th e publi c hea ri n g ~a s clo sed. Co mmission e r Mathewson moved that th e Co mm is s ion recommend approval o f t he r ezontng with th e un derstanding that d e ve l o pmen t of th e A-P trac t would in- clude a 2 5 foo t rea r set back. Th e motion was seconded by Co mm i ss ion er J ones and approved by th e f ol lowi~.ng v ote : For: Jones, Mathews on; Sween e y, Chair m~n Stover Against : Ett er Abstainin g : Watson were slio.wn , Dr . Everett Treadway, applicant, stated thai he dld not need 18 spaces because h e would only have two pati:e nt s overl apping a t a ny· one ti me . He e xpla ined that mos t d e ~~ists operattng out .of a structu~e thi s large had two or th ree dentists and as many nurs~s empolyed . He stated that he would have only himself and one nurse-receptloni·st in the building, He advised that the r es t of the space \.1ould be used for a lab and a darkroom . C orn mi~~ibner Sweeney stated that he felt a problem could be created by peopl e lining up on Texa s Avenue turning left into the dentist's office. He also sugge sted tha t the re might be some att em pts to back out onto Texas from the parking area. Chai rman Stov e r stated that the pa rking area was of adequate des ig n and th a t such backing movements would be minimal. Co mmissroner Mathewson moved that the permit be granted o ·n the following con- ditions: , "" ~· .. . '\ . -~ .. . _ ........ . ~ .:· ., MINUlt~ P l ann in g and Zoning Co mm is s ion J c:m u ary 4, 1978 7:00 P ,M. 1. Th at th e office e mp lo y one dentist and o ne s t a ff me mb e r. Page 3 2. Th at if a traffic problem evo lv es, the park in g lot must be redesign e d. Th e motion was se co nded by Co mmiss ion er Swee ne y and un a nrmously approved. Agen da It em No. 5 --Other business. Co mm issioner Jo ne s a sked \vhat could be don e to expedite the installation of a traffic si gnal at the intersection of Texas Av en ue and Southwest Parkway. He noted that several serious accidents ha d occured ~t this locatio~ and that the Pol ice Depa rtment had stated t hat this was the ~ighest accident rate in tersection in the City at this time. Mr. Mayo explained that the in sta ll at i on was up to the Highway Department. He noted that th e City wa s g o ing to put up a surp}~s s i g nal at th e in t e rs e c tion,_ but that it was intall ed at Jersey and Ti mber instead. Th e Commission discussed the method by which t he Highway Dp e ar t ment de cide d on fun ding and approv al of sign a l installations·. Ag enda Item No. 6 --Adjourn . Co mmiss ioner Sweeney moved that the meeting be adjourned.· The motion was seconded by Commfss ion e~ Sw e e n e y and un an f mo usl y a pproved. Th e meeting was adjourn ed at 9:00 P.M. · . . •.:. _., j I.>:t,.~ ·-----------------.-···------rt:·.:~c i v-crl _____________ ~------- Co ll :-:-;::e St3. ti on, Te xas 77 840 Tl:is prop c::t;i/ ~ .. '3.:> c onveyed to t~,3 m.;n 3:r by 11-TD r 8cor~e8. "1..'·)l . 262 __ Page 6 4 0 o f th e -"n~·-1 c1 ::ii-c>cJ .• "(l~ ?.'7 -:, 0 6'7 . ._,. -' •'• l •## . .I .. , ·----~•:• __ ...::::-._~./._,__....J....:Z_.'_l __ • ----•w • Bra z os .CoLmty De ed Re cords~ L akeview Acres D e~·cri':)ti0 :1: Lot____i_Q B _ Bloc·:-: ________ Sv.bJ ::..v5_::.; icn __ ~,;::;-_c:p-~t-11~_t..Q.J.:_S~~~----:._ (Plat :.e co2:-:'.e·:! -; n roL 26? i?age 6! .. q _ of' ·th~ D:.?erl R"'eoi·ds of Bra z m: Cut.L'lt.y. re.vis Fror::: Fran:.{ s .. IE.v.is_Rt U x D::>~ toLouls ?r~Q.e·rick BoU:se Et Ux N!Olna Leatrice Prasent us e of property: Single Fam ily Resid?nce Untll___recentlv vac ~.i..e...d...... Propos e d us e of p ~op e rt~: Dental Offi ce Owne r s o f property to be rezon.ec:: Nfll·i.3 JJJDP..ESi3 Loui;:;; ?r ed. BOUS(-} Leatrice ?.oute 4 ·' Box 64 13 Texas 77li01 Owne rs of 2.ll property within. t ax roll s~ ,i; ?[) 220 f eet of bom.!d ary o:f. zone .. /'/ vr-. IJtil·-I.E :-- ~li nt A ~ Bertranfr / /Ervin L. Busse J..DDRESS . 120 Miller Lane-College Station, T~xa.s 283 'f Texas Ave. -College Sta ti on, Tex~~-- 1/ Ralph E. ·Mi ll e r & B.S. Ra.?'lsd~ll · _ _204 Gil christ -Co1_le,ge Station, Texas See a ttac h;n ent f or n.a:n ~s o f a d.d.i tlo nal o wners effected ... Th e ap:;ilica....--i.t has prepared thi::; ::..::iplication anJ certifies that the fac ts :rtate d here in arid e Y.h ib5..ts attached he::-eto are true end correct.. · I f application i s filed by an agent, c or"yJleted bJ"' O l .. :ner . ~ -.:J if~·.. . the belo·.-r puwar of attorney staterLJ.ent must be Atb .. c:h er:l.: Scale ~l:etch to 20·) 1 beyond bounclaries of zon e char,ge .. I . \ APP L I C ~TION FOR ZO ~E CHANGE P & Z Case No. Applicant: E'Terett F. Treadway Address: 77240 Owners of all property within 200 feet of boundary of zone ch ange a cco rding to present tax rolls: Continuation of Page 1 Name: Address: /Joe Cem ir-o 9-06 w. 26th, Bryan, Texas 77801 -- /D .. R.. Cain, Inc. Box A V, Coll ep;e Station, T e::as 778 40 v South:>1o od Vall ~J? Inc. . . ' . ' ~ .. ,). ' -. •, . . .... -• • ~ r. ~ ~ • c '· t' • • !. ' .... • 4. I .-•• .,. -• • ,. .. :, 'T" •. •.T ;oo •• .,. t ... ·-~-":--~:.;-_ ---··---~~~~:-:..;.:;..:.~-:..~;~·~---~_.;:.~-· ~~ . . · ....... ME~J3ERS PR ESENT: STAFF PRES ENT : MINUTES ZONING BOARD OF ADJUSTMEN T January 16, 1979 Chairman Hughey; Members DuBois, Harp e r, Jones; Council Liaison Rin g er. Buildin g Offic i al Koe hler, City Planner Mayo , Co mm uni ty De velopment Direc tor Calloway. "' Agenda Item Number 1 --Approval of the minutes o f the meeting of December 19, 1978: Harp er moved that the minutes be approved with co rrec tion. Th e motion was seconded a nd unan i mo u sly approved . Agenda Item Number 2 --Reconsideration of a request for a non-con- f o rming structure fr om Holiday Oil Co mpany , 301 University Drive : Koehler reviewe d test imony from the previous hearing . Hughey remarke d t hat the non-conformity of t he exist ing struc ture had no effect on the traffic problems c ited a t the previous hearing. May o said that the pa rking plan shown was not workable and wo ul d probably not b e approv ed b y t he City Eng ineer. He said that the purpos e of the ad dit ion was to chang e the b usiness t o a more intensive use in terms of traffic and that th is shou ld not b e encouraged i n t he area . Koehler said that if objectionable spaces were deleted ther e would s till be e no ugh t o meet o r dinanc e r equi rements. Mr . Holiday said that vehicles now park on the site in whatever fashion they choose after his business closes , and that a ny orderly system would be an improvement. Hughey said that the que st ion befor e the Board is wh ether or not an addit i on could be made to the s tructure and that any par king p lan with i n the limits of the ordinance i s n ot the Board's business. The Chair moved that the r e quest be approve d because the conditions o f parking had existed f o r som e time,-b ecuase parking on the site was suf- ficient for the use proposed and because the proposed construction wo uld not increase the existing non-conformity. The motion was seconded by Harper and was approved by the f ollowing note: FOR: Hughey, DuBois, Jones, Harper AGAINST: Ringer I Minu t e s/Pa ge 2 Agenda Item Number 3 --Consideration o f a reques t fo r variance from Rob er t Nas h at 301 Popla r: Koehler s a id that h e had n o information ex c e pt th at f rom the appl ica nt. No one was p r esent representing the applicant . Harper said that he could see no information to show the reason for ha r d ship, if any, or any unique c ond i tion ne c essitat i n g this par ticular plan. The Chair moved tha t the reque st be table~ un til further informa tion could b e obtained. Th e motion was seconded b y Jone s . The Board discussed the fact that th e City wou ld now be fac e d wi th the e x pense of re~publ i c ati on and notification. The motion and second were withdrawn. The Chair moved that the v ar i a nce be granted . The mo t ion was seconded by Har per and faile d by t he following vote: FOR: None AGAIN ST: Hughey , Harper, Jon es , DuBo is , Ringer Agend a Item Number 4 --Cons i dera tion of a reque st fo r v ar iance from the parking requir ement from Everet t Treadway , Lot 16-B , Lakeview Ac res : May o said that the Planning Commission h ad ap prov ed the Cond itional Use . Permit and a p arking plan fo r the number o f spaces propo sed , but that th e Bo ard wou ld st ill h ave to determine whe ther or n ot a variance shou ld be granted to allow the r educed number of spac es. He said that the r eason offered f or t he variance is t ha t the nature of the practice does not re qu ire t his number of spaces a nd that t he appl i cant i s n ot u tilizing all of the area o f the exist i ng structure which influences the parking requirement. He said that he questioned any showing of conditions of the l a nd. Koehler s aid that this .us e in a residential zone re quired a conditiona l use permit and that no change in us e could be made, other than reversion to a res1dence without obtaining a new use permit. He said that this could be taken as a feat ure of t he land. The Cha i r moved that the variance b e granted b ecause use of the prop e rty r equired a conditional use permit and b e caus e t he required number of spaces were not necessary to this permitted use . The motion was seconded by Harper and unanimously a pproved. Age nda Item Number 5 --Adjourn: The re being no other business, t he meeting was declared adjourned . I J anuary ~. 1 979 TO WHOM IT MAY CONC ERN: The Zoning Board of Adjustment will reconsider a request for the e x pansion o f a non-conforming structure from the Holiday Oil Company, 301 University Drive, at their regularly scheduled mee ting in th e Muni cipal Courtroom of the new College Station Police and Mu nicip a l Court Buildin g at 7:00 P.M., Tuesda y, January 16 , 1979, the nature of the meetin g being as follows: The applic ant requests permission to expand t he non- conforming structure, presently a Phillip s Si x ty-Six Self Service Station. 'The r ec onsideration o f the item is at the reque st of th e Board . Further information is available at the o ffice of the Admi nistra tive Assistant to the City .Manager of the City of College Station, 696-8868, ext. 202. S.L. Albrecht Administrative Assistant to the City Manager CITY OF COLLEGE STATION POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77840 January 8 , 1978 TO WHOM IT MAY CONC ERN : The Zoning Board o f Adjustment will cons ider a request for a non-con f orming structure from Mr. Robert Nash , 301 Poplar , at th eir r egul ar l y sched ule d meeting in the Municipal Courtroom of the n ew Col l ege St a tion Polic.e and Municipal Cou rt Buildin g at 7:00 P.M., Tuesda y , Jan uary 16, 1979 , the nature of t he meeting being a s follows: The applicant reques ts pe rmission to build a non- confo rming structure . The s t r ucture, a stora ge uni , will v i olate the se t -b ack requireme nt of the Zoning Board of Adjustment. Further information is available at the office of the Administrative Assistant to the City Ma nage r of the City of College Station , 696 -8868, ext . 20 2 . S.L. Albrecht Administrative Assistant to the City Manager January 8, 197 8 TO WHOM IT MAY CONCERN: The Zoning Board o f Ad jus t ment wi ll c onsider a r equest for a variance fr om t he parking requirement of the Zoning Ordinance f rom Ev e re t t F. Treadway , Lot 16 B Lakeview Acres, at their regualrly scheduled meeting in the Xu nicipa l Courtr oom of the College Station Polic e and Mun i cipal Co u rt Bu i l ding at 7:00 P.M., Tu e sday , January 16, 1 9 79, t he nature of the meetin g being as f ollows : The applicant reque sts permission for a variance in the n u mber of parking spaces required by the Zo ning Ordinance . The request is to red u ce the number fr om sixteen (1 6) to eight (8) spaces . Further information is ava i lable at th e o ffice o f t h e Admimis t rat i v e Ass is tant to t he City Ma nager of the City of ·college S tat ion, 696-8868, ext. 202. S.L. Albrecht Administrativ e Assista nt to the City Manager ZONING BOARD OF ADJUSTMENT POLICE AND MUNI CIPAL COURT BUILDING January 16, 1979 7:00 P.M. 1. Approval of minutes of the meeting of Decemb er 19, 1978. 2. Reconsideration of a request for a non-conforming structure ·fr om Ho liday · Oi l Comp any, 30 1 University. 3. Cons ideration o f a reques t for a non-conforming str u~ture from Robert Nash, 301 Poplar. 4. Consideration of a request for a variance from the parking requirement from Everett Treadway, Lot 16 B Lakeview Acres. 5. Adjourn. ZONING BOARD OF ADJUSTMENT POLICE AND MUN I CIPAL COURT BUILDING January 16, 1979 7:00 P.M. 1. Approval of minutes of the meeting of Dec emb er 19, 1978. 2. Reconsideration of a request f or a non-conforming structure fro m Ho liday Oil Company, 3 0 1 University. 3 . Co nsiderat ion o f a reques t for a non-co nforming s t ru ~ture f rom Ro bert Nash, 301 Pop l a r. 4. Consideration o f a request for a variance from the parking requirement from Everett Treadway, Lot 16 B Lakeview Ac res . 5. Adjourn. CITY OF COLLEGE STATION POST OFFICE BOX 9960 11 01 TEXAS AVENUE COLLEGE STATION, TEXAS 77840 MEMORANDUM DATE: January 15, 1979 TO: Zoning Board of Adjustment FROM: ZBA Coordinator RE: Meeting of January 16, 1979 The Building Official, Bill Koehler, is out of town and unable to send his regular memo concerning the meeting. Mr. Koehler will return before the meeting. Item No. 2 -Reconsideration of a request for a non-conforming structure from Holiday Oil Co. This item is brought beofre the ZBA on the request of members of the board at the previous discussion on December 19, 1978. Item No. 3 -Consideration of a request for a non-conforming structure from Robert Nash. This is a request to build a 12' X 24' carport which will violate the set back requirement from the back lot line. Item No. 4 -Consideration of a request for a variance from the parking requirement from Everett Treadway. This item is brought to the ZBA as a result of the Planning and Zoning Commission's conditional approval. The variance is to allow Mr. Treadway to build eight parking spaces for his dentist office, instead of the required 16-18 spaces. CITY OF COLLEGE ST A TION POST OFF I CE -BOX 9960 1 1 0 1 T E X A S -A V E N U· E C 0 l l E G E ST A T-1 0 N , T E X A S 7 7 8 4 0 MEMORANDUM DATE: January 15, 1979 TO: Zoning Board of Adjustment FRON: ZBA Coordinator RE: Mee ting of Janua ry 16, 1979 The Building Official, Bill Koehler , is out o f town and unable to send his regular memo concerning the meeting . Mr. Koehler will return before the meeting. It em ~o . 2 -.Re consideration of a request f or a non-conforming structure from Holiday Oil Co,_ This it em is bro~ght beofr~ the ZBA on the request o f members of the board at the previous dis c ussion on December 19, 1978 . Item ~o . 3 -Consideration of a re quest for a non-conforming structure from Robert Nash. This is a request to build a 12' -X 24 '-carport which will viola te the set back requirement from the back lot line. ... . - Item No. 4 -Consideration of a request for a variance from the parking requirement from Everett Treadway. This item is brought to the ZBA as a result of the Planning and Zoning Commission's conditional approval. The variance is to allow Mr. Treadway to build eight parking spaces for his dentist office, instead of the required 16-18 spaces. I CI TY OF · COLLEGE STATION POST OFF I CE BOX 99 60 11.01 TEXAS AVEN UE COLLEGE STATION; TEXAS 77840 MEMORANDUM DATE: January 15, 1979 TO: Zoning Board of Adjustment FRO:f: ZBA Coordinator RE: Meeting of January 16, 1979 The Building Official, Bill Koehler , is o ut of town and unable to send his regular memo concerning the· meeting. Mr~ Koehler will return before the meeting. Item No . 2 -Reconsideration of a r eques t for a non-confo r ming structure from Ho.liday_ Oil _c;;o. This . item is brought beofre the ZBA on the request of members of the board at the previous discus sion on December 19, 1978. Item No . 3 -Consideration of a re ques t for a non-conforming structure from Robert Nash. This is a request to build a 12 ' X 24' carport which will violate the set back requirement from the back lot lirie. Item No. 4 -Consideration of a request for a variance from the parking requirement from Everett Treadway. This item is brought to the ZBA as a result of the Planning and Zoning Commission's conditional approval. The variance· is to allow ·Mr. Treadway to build eight parking spaces for his dentist office, instead of the required 16-18 spaces. I \ DATE: TO : FROM: RE: ~ _1 ~ ....... Hn January 15, 1979 CIT Y OF COLLEGE . STATION POST OFF I CE BOX 9960 11 01 TEXAS AVEN U E COLLEG E STATI ON, TEXAS 77840 MEMORANDUM Zoning Board of Adjustment ZBA Coordinator (3~ Meeting of January 16, 1979 The Building Official, Bill Koeh ler, is ou t of town and unable to send his regula r memo concerning the meeting. Mr. Koehler will return before the meeting. Item No. 2 -Reconsideration of a ·request for a non-confo r ming structure from Hol~day OiJ Co. This item is brought beofre the ZBA on the request of members of the board at the previous discussion on December 19, 1978 . Item No . 3 -Consideration o f a reque st fo r a non-conforming structure from Robert Nash. This is a request to build a 12' X 24' carport which will violate the set back requirement from the back lot line . Item No . 4 -Consideration of a request for a variance from the parking requirement from Everett Treadway. This item is brought to the ZBA as a result of the Planning and Zoning Commission's conditional approval. The variance is to allow Mr. Treadway to build eight parking spaces for his dentist office, instead of the required 16-18 spaces. I ' _I C ITY -O F C OLLEGE STATION POST OFFICE B OX 99 60 11 01 TEXAS A V E N-U E COL LE G E S T ATI ON, T EX A S 7 764 0 MEMORANDUM DATE: January 15, 1979 ... TO: Zoning Board of Adjustment FROM: ZBA Coordinator RE: Meeting of January 16, 1979 The Building Official, Bill Ko e hler, is o ut o f town and unable t o send his r -egular memo concerning the meeting. Mr . Koehler wi ll r e turn before the meeting. Item No. 2 --Reconsideration of a r e quest f or a non-c onf orming str ucture from Holiday _Oil Co . This item _ is brough _t beofre the ZBA on the request of members of the board at the previous discuss i on on December 19, 1978. Item No. 3 -Consideration of a reque st for a non-conformi ng s t ructu re f r om Robert Nash. This is a request to build a 12 ' X 24' carport which will violate the set back requirement from the back lot lirie. Item No . 4 -Consideration of a request for a variance from the parking requirement from Everett Treadway. This item is brought to the ZBA as a result of the Planning and Zoning Commission's conditional approval .-The variance is to allow Mr. Treadway to build eight parking spaces for his dentist office, instead of the required 16-18 spaces. I \ I _I CI TY OF COLLEGE STATION P 0 S T 0 F F I CE -8 O · X · 9 9 6 0 · • 1 1 0 1 l E X A S A V E N-U E COL LEGE STAT I ON, TEXAS 77840 MEMORANDUM DATE: January 15, 1979 TO: Zoning Board of Adjustment FROM: ZBA Coordinator RE: Meeting of January 16, 1979 The Building Official, Bill Koehle r, is out of town and unable to send his regula r memo concerning the meeting . Mr. Koehler will return before the meeting . . Item No. 2 -Reconsideration o f .a request for a non-conforming structure from Holiday Oil Co . This item is brought b e ofre the _ZBA on the request of members of the board at the previous discussion on December 19, 1978. Item No. 3 -Consideration o f a request for a non-conforming structure from Robert Nash. This is a request to build a 12' X 24' carpor t which will violate the set back requirement from the back lot lirie. Item No. 4 -Consideration _of a request for a variance from the parking requirement from Everett Treadway. This item ·is brought to the ZBA as a result of the Planning and Zoning Commission's conditional . approval. The variance is to allow Mr . Treadway to build eight ·- parking spaces for his dentist office, instead of the required 16-18 spaces . ,. I ' ' _I C ITY OF -COLLEGE · STAT-ION P 0 S T· 0 F F I C E B 0 ·X 9 9 6 0 1 1 0 1 T E X A S · A V E N U. E CO L L EGE STATIO N , T E XA S 77 840 MEMORANDUM DATE: January 15, 1979 ... TO: Zoning Board of Adjustment FROM: ZBA Coordinator RE: Meeting of January 16, 1979 The Building Official, Bill Ko e hler, is o ut of t own and un able to s e nd his regular memo concerning the me eting. Mr. Koehler will return befor e the meeting. Item No. 2 -·Recons ideration of a reque s t f or a non-confor ming stru c t ur e from Holiday Oil .Co. This item is brought b e ofre the ZBA on the request of members of the board at the previous discussion on December 19, 1978. Item No. 3 -Consideration of a request fo r a non-conf orm ing structur e from Robert Nash. This is a requ e st to bu i ld a 12' X 24' carport which will violate the set back requirement from the .back lot line. Item No. 4 -Consideration of a request for a variance from the parking requirement from Everett Treadway. This ite m is brought to the zaA as a result of the Planning and Zoning Commission's conditional approval. The variance is to allow Mr. Treadway to build eight parking spaces for his dentist office, instead of the required · 16-18 spaces. I i _I CITY O F COLLEGE STATION PO ST OFFIC E BOX 9960 11 01 TEXAS AVENUE CO L L EGE STATION, TEXAS 77840 MEMORANDUM DATE : January 15, 1979 TO: Zoning Board of Adjustment FROH: ZBA Coordinator RE: Meeting of January 16, 1979 The Building Official, Bill Koehler, is out o f town and unable to send his regular memo concerning the meeting . trr. Koehler will return before the meeting. Item No . 2 -Reconsideration of a request for a non-conforming structure from Holiday Oil Co. This item is brought beofre the ZBA on the request of members of the board at _the previous discussion on December 19, 1978. Item No. 3 -Consideration of a request for a non-conforming structure from Robert Nash. This is a request to build a 12' X 24' carport which will violate the set back requirement from the back lot line . Item No. 4 -Consideration of a request for a variance from the parking _ requirement from Everett Treadway. This item is brought to the ZBA as a result of the Planning and Zoning Commission's conditional approval. The variance is to allow Mr. Treadway to build eight parking spaces for his dentist o ffi ce, ins tead of the required 16-18 spaces. J C ITY OF COLLEGE STATION POST OFFICE BO X 9 960 1 1 0 1 TEXAS AV -E N ·U E· COLLEGE STATION, TEXAS 77840 MEMORANDUM DATE: January 15, 1979 ... TO: Zoning Board of Adjustment FROM: ZBA Coordinator RE : Meeting o f January 16, 1979 The Buildin g Official, Bill Koehler, is out of town and unable t o send his regular mem o concerning the mee ting. Mr. Koehler will r e turn before the meeting. Item No . 2 ·-Reconsideration of a req ues t for a non-conf orming s truc ture from Holiday Oil Co. This item is brought beofre the ZBA on the request of members o f the board at the previous discussion on December 19, 1978. Item No . 3 -Consideration o f a request fo r a non-confo rmin g structure from Robert Nash. This is a request to build a 12' X 24' carport which will violate the set back requirement f rom the back lot line. Item No. 4 -Consideration of a request for a variance from the parking requirement from Everett Treadway. This item is brought to the ZBA as a result of the Planning and Zoning Commission's conditional ·approval. The variance is to allow Mr. Treadway to build eight parking spaces for his dentist o ff ice, instead o f the required 16-18 spaces. I I I _I CITY O F COLLEGE STATION POST OFFICE BOX 9960 11 01 TEXAS AVENUE COLLEGE STATION, TEXAS 77840 MEMORANDUM DATE: January 15, 1979 ... TO: Zoning Board of Adjustment FROM: ZBA Coordinator RE: Meeting of January 16, 1979 The Building Official, Bill Koehler, is out of town and unable to send his regular memo concerning the meeting. Mr. Koehler will return before the meeting. Item No. 2 -Reconsideration of a request for a ~on~conforming structure from Holiday Oil Co. This item is brought beofre the ZBA on the request of members of the board at the previous discussion on December 19, 1978. Item No. 3 -Consideration of a request for a non-conforming structure from Robert Nash. This is a request to build a 12' X 24' carport which will violate the set back requirement from the back lot line. Item No. 4 -Consideration of a request for a variance from the parking requirement from Everett Treadway. This item is brought to the ZBA as a result of the Planning and Zoning Commission's conditional approval. The variance is to allow Mr. Treadway to build eight parking spaces for his dentist office, instead of the required 16-18 spaces. I I i _I CITY OF COLLEGE STAT I ON POST OFFICE BO X 9960 1 1 01 TEXAS AV E NUE COLLEGE. STATION, TEXAS 77840 MEMORANDUM DATE: January 15, 1979 ... TO: Zoning Board of Adjustment FROM: ZBA Coordinator RE: Meeting of January 16, 1979 The Building Official, Bill Koehle r, is ou t of town and unable to send his regular memo concerning the meeting. Mr. Koehler will return before the meeting. Item No. 2 -Reconsideration of a request for a non-confo rm ing structure from Holiday Oil Co. This item is brought beofre the ZBA on the request of members of the board at the previous discussion on December 19, 1978. Item No. 3 -Consideration of a request for a non-conforming structure from Robert Nash. This is a request to build a 12' X 24' carport which will violate the set back requirement from the back lot line. Item No. 4 -Consideration of a request for a variance from the parking requirement from Everett Treadway. Th i s item is brought to the ZBA as a result of the Planning and Zoning Commission's conditional approval. The variance is to a1·1ow Mr. Treadway to build eight parking spaces for his dentist office, instead of the required 16-18 spaces. I CI TY OF COLLEGE STATIO N POST OFFICE B OX 9960 11 01 TEXA ·S AVENUE COLLE GE STA T ION, TEXAS 77840 MEMORANDUM DATE: January 15, 1979 TO: Zoning Board of Adjustment ... FROM: ZBA Coordinator RE: Mee ting of Januar y 1 6, 1 9 79 Th e Bu ilding Off icial , Bill Ko e hler, is o ut o f town a nd unable to s e nd h is regular memo concerning the meeting. Mr. Koehler will r eturn before the meetin g. Item No. 2 -Reconsideration of a request f or a non-confor ming structure from Holiday Oil Co. This item is brought b e o fre t h e ZB A on the request of members of the board at the previous discussion o n De cemb e r 19, 1978 . Item No. 3 -Consid eration o f a request for a non-con f o rming structure from Robert Na s h. This is a request t o buil d a 1 2 ' X 24' car po r t which will violate the set back requir eme nt from the back lot line. Item No. 4 -Consideration of a request for a variance from the parking requirement from Everett Treadway. This item ·is brought to the ZBA as a result of the Planning and Zoning Commission's conditional approval. The variance is to allow Mr. Treadway to build eight parking spaces for his dentist office, instead of the required 16-18 spaces. }-. I CITY OF COLLEGE STATION POST OFFICE BOX 9960 l l 01 TEXAS AVENUE COLLEGE STATION, TEXAS 77840 MEMORANDUM DATE: January 15, 1979 TO: Zoning Board of Adjustment FROM: ZBA Coordinator RE: Meet ing of January 16, 1979 The Building Official, Bill Koehler, is out of town and unable to send his regular memo concerning the meeting. Mr. Koehler will return before the meeting. Item No. 2 -Reconsideration of a request for a non-conforming structure from Holiday Oil Co. This i tem is brought beofre the ZBA on the request of members of the board at the previous discussion on Dec embe r 19 , 1978. Item No. 3 -Consideration of a request for a non-conforming structure from Robert Nash. This is a re quest to build a 12' X 24' carp ort which will violate the set back requirement from the back lot line. Item No. 4 -Consideration of a request for a variance from the parking requirement from Everett Treadway. This item is brought to the ZBA as a result of the Planning and Zoning Commission's conditional approval. The variance is to allow Mr. Treadway to build eight parking spaces for his -dentist office, instead of the required 16-18 spaces. I I \ ( I ·I I .1 I I I Mil'."'UTE S ZO NI NG BO ARD OF ADJUS TME NT Decemb e r 19, 1 9 78 MEMBERS PRESENT: Chairman Hughey; Members Hawley, Jones, Harper; Bu ilding Of fici a l Koehler Agenda Item Number 1 --Approval of the minutes of the meetin g of November 21, 1978: Hawley moved that the minutes be approved as presented. The motion was seconde d by Jones and unanimo us ly ap p r ove d . Agenda Item Nu mber 2 Con sidera tion. of a re qu e st t o expand a non- conformin g structure b y Ho lliday Oil Com p a ny: Koehler e xp lained that t h e propo sed addi tion did not itself e ncro a ch on any bu i l d i ng l ine, that parking met mi nimum requ ire ments and that the origi nal building did n o t meet rear setback requ irement s. Mr. Don Ga nter said that h e a nd Mr. Anz owned similar busines ses in the area and that parking and pedestrian traffic. conditions were severe. He said t h at a tt racting· more such traff ic. would i n creas e the problem. Mr . Ge or ge Boye tt said t hat h e and others rep resented by him had commer - cial prop erty i n th e ar ea a nd recognized parkin g and t raff i c pro ~l ems. He offered the. op i nion that fu rthe r expan s ion should not b e permit t ed until posi t ive steps h ad been t aken to a l l e v i a te the problems t ha t now exist. Mr. Holliday said that his plan provided f o r 14 parki ng spa ces wh ich exceeds the number of spaces provided b y ma ny of the existing businesses mentioned. The Chair moved that the request be approved because the conditions of parking had exist e d for some time, b ecause . parking on site was s uffi c ient for the use proposed and because the proposed construction would not increase the e x isting non-conformity.· The motion was seconded by Jones. Hawley commented that the addition o f space and change of nature of u s e would compound a severe problem which already existed. The motion failed by the followin g vote: FOR: Hu ghey, Jones , Harper AGAINST: Hawley I / ( /' i \ Minutes/Page 2 Agenda Item Number 3 --Consideration of a request to expand a non- conforming structure from Larry Hill: Koehler explained that the existing residence did not meet rear setback requirements and that the proposed expansion was the addition of a second story which would not exceed the horizontal limits of the exist- ing structure. He pointed out that the Board had considered and rejected an earlier proposal and that this request had corrected objectionable features of the first proposal. He said that the cooking facilities would have to be deleted. Mr. R:Ul concured with deletion of the cooking facilities • ... The Chair moved that the request be granted because. the extension will not substantially alter the character of the structure or increase the non-conformity. The motion was· seconded by Harper and unanimously approved. Agenda Item Number 4 --Other Busine ss: There was no other business. Agenda Item Number 5 --Adjourn : There being no other business, the meeting was declared adjourne d. I \ ' ( I MEMBERS PRESENT : MIN UTES ZONING BOARD OF ADJUSTMEN T Decemb e r 1 9, 1 97 8 Chairman Hughe y ; Members Hawley , J on e s, Harper; Building Official Ko e h le r Agenda Item Number 1 --Approval of t h e minut e s of t h e meet i n g o f November 21, 1978: Hawley moved that the minutes he a pp r oved as present e d. The mot i on wa s s e c onded b y Jones a nd unan imo us l y app r oved . Agenda I t em Num b e r 2 Consid erat ion of a re quest to exp and a non- co n formin g s t ructure b y Hollid ay Oil Co mpany: Koehler expla i n e d that the p r o p o sed addition did n ot i tself e ncr o a ch on any building line , that parkin g met minimum r equ i rement s a n d that t h e o rigi nal b uilding d i d not mee t rear setback r eq u irements. Mr . Don Gan t e r s aid t hat he a nd Mr. An z own ed similar bus i n esses i n the area and that parking and ped es trian traf f ic conditions were sev e re . He said t h at a tt r act i ng mo re s uch traffic wo uld incr eas e the prob l em. Mr. Geo rge Bo y ett said tha~ he and o the r s represented by him h a d .c ommer- c i al pro p e rty i n t h e ar ea and r ecogn ized parking a nd t r af fic p r oblem s . He offere d the. op i n i on that f urther e x p ansion s h oul d not be p ermitted unt i l po sitive ste ps h a d be e n t aken t o all e via te the p ro blems tha t now e x ist. Mr . Holli day said t h at h is plan provided f or 14 parking space s wh i ch e x ceeds the numb er of s pace s p r ov ided by ma n y of t he e x i sting businesse s mentioned, The Chair moved that the request be approv ed b e cause the condit i ons o f parking had existed f or s ome time , b e.cau se parking on s i te was suf ficient for the use proposed and because the proposed con s truction wou l d not increase the existing non-conformity. The motion was seconded by J on es . Ha wley commented that the addition o f space a nd c hange o f nature o f use would compound a severe problem which already e x isted. The motion failed by the f ollowing vote: FOR: Hu ghey, Jones, Ha rper AGAINST: Hawley I · •' \ ( ( Min ut e s/Page 2 Agenda Item Number 3 --Con s id eration of a request to expand a non- conforming structure from Larry Hill: Koehler e x plaine d that the e x isting residence did not meet rear setback requireme nts and that the proposed expansion was the addition of a second story which would not exceed the hori zontal limits of the exist- ing structure . He point e d out that the Board had considered and rejected an earlier proposal and that this request had corrected objectionable features of the first propos a l. He said that the cooking facilities would have to be deleted. Mr . Hill concured with deletion of the coo king fa cilities. The Cha ir moved that the request be gr anted because t he extension will not substantially alter the character of the s tructu re or inc rease the non-con f ormity. The motion was seconded by Harper and unanimously approved. Agenda Item Number 4 --Ot her Business; There was no other busines s. Agenda It em Number 5 --Adjourn : There being no other business, the meeting was dec lar ed adjourned. I ,. \, ( \ I I I ·1 I I I I " MINUTE S ZO NING BOARD OF ADJUSTMENT December 19 , 1978 MEMBERS PRESENT: Chairman Hughey ; Members Hawley, Jones, Harper; Bu i lding Official Koeh l er Agenda Item Number 1 --Approva l of the minu tes of the meetin g of November 21, 1978: Hawley moved that the minutes be approved as presented. The motion was seconded by Jones and unanimously approved. Agenda Item Number 2 Consideration of a request to expand a non- conforming structure by Holliday Oil Company : Koehler explained that t he proposed addition did not itself encro ach on any bu ilding l ine, that parking met minimum re quirement s and that the or iginal building did not meet rear s etb ack r equirements. Mr. Don Ganter said that he and Mr. Anz owned similar bus i nesses in the area and that parking and pedestrian traffic condit ions were severe . He said that attrac ting more such traffic would increase t he problem . Mr. Geor ge Bo ye tt said tha t he and others represented .by him had commer- cial property in the area and recognized parking and traffic problems. He o ffered the opini on that further expansion should not be permitted until positive steps had been taken to alleviate t he problems that now exist. Mr. Holliday said that h is plan provid ed , f or 14 parking spaces which e x ceeds· the number of spaces provided by many of the existing business es mentioned. The Chair moved that the request be approved bec a use the conditions o f parking had existed f or some time, because parking on site wa s sufficient for the use proposed a rid because the proposed construction would not increase the existing non-conformity. The motion was seconded by Jones. Hawley commented that the addition o f space a nd change of nature of us e would comp ound a severe problem which already existed. The mot ion failed by the following vote: FOR: Hughey, Jones, Harper AGAINST: Hawley I \ I I \ I i , _ I -i Minut e s/Page 2 Ag end a Item Number 3 --Co nsid e ration of a reques t _to exu and a non- conformin g structur e from Larry Hill: Koehler explained that the existing res idence did not meet rear setback r eq uirements and that the proposed e xpansion was the addition o f a second story which would not exceed the hor izontal limits of the exist- ing structure . He pointed out that the Board had considered and rejected an earlier proposal and that this request h a d correc ted objectionab le features o f the firs t p r opos a l. Re said tha t the cooking facilities would have to be deleted. Mr. Hill concured with deletion of the c oo king fa cilities • ... Th e Chair moved that the request be granted because the extension will not substantially alter the character of the structure or increase the non-conformity. The motion was-seconded by Harper __ and unanimously approved. Agenda Item Number 4 --Other Business : Th e re was no other bu siness. Ag enda Item Number 5 --Adjou rn: There being no other business, the mee ting was declared a djourned. I ' ·--~-_,,__._ .. , -~- / \ ( I \ I I I I I i I I I I · 1 I ! ,I MINUT ES ZONING BOARD OF ADJUSTMENT December 19 , 1978 MEMBERS PRESENT: Chairman Hughey; Members Hawley, Jones, Harper; Bu i lding Official Koehler ~genda Item Number 1 --Approval of the minutes of the meeting of November 21, 1978: Hawley moved that the minutes be approved as presented. The motion was seconded by Jones· and unanimousl y a pprove d. Agenda Item Number 2 Consideration of a request to expand a non- conforming structure by Holliday Oil Company: Koehler e x plained that the proposed add ition did not itself encroach on any building line, that parking met minimum requirements and that the original building did n ot meet rear setback requiremen t s. Mr. Don Ganter said that he and Mr. Anz owned similar businesses in the area and that parking and pedestrian traffic conditions were severe . He said that attractin g more s uch traffic would incr~ase the prob lem. Mr. Ge orge Boye tt said that h e and other s represented b y him had comm er- cia l prop er ty in the ar ea and recogn ized parking and traffic problems. He offered the. opinion that further e x pansion should not be permitted until po sitive steps ha d been taken to alleviate the problems that now exist. Mr. Holliday said that his plan provided for 14 parking spaces which exceeds the number of spaces provided by many of the existing businesses mentioned. The Chair moved that the request be approved because the conditions of parking had existed for some time, because parking on site was sufficient for the use proposed and because the proposed construction would not increase the existing non-conformity. The motion was seconded by Jones . Hawley commented that the addition o f space .and change of nature of use would compound a severe problem which already existed. The motion failed by the following vote: FOR: Hughey, Jones, Harper AGAINST: Hawley I ' ( \ I I I Minutes/Page 2 Agenda Item Number 3 --Consideration of a request to expand a non- conforming structure from Larry Hill: Koeh:Ler explained that the existing residence did no t meet rear setback requirements a nd that the proposed expansion was the addition of a second story which would not exceed the horizontal limits of the e x ist- ing structure. He pointed out that the Board had considered and rejected an earlier proposal and that this request had corrected objectionable features of the first proposal. He said th.at the cooking facilities would have to be delet ed. Mr. Hill concured with deletion of tb.e cooking facilities . ... The Chair moved that the request be granted because the extension will not substantially alter the character of the structure or increase the non-conformity . The motion was· seconded by Harper and unanimously approved. Agenda Item .Number 4 --Other Business: There WqS no other business. Agenda Item Number 5 --Adjourn : There being no other business, the meeting was declared adjourned. I . ,. ·I I I ·1 I I I I I I I I MINUT ES ZONI NG BOARD OF ADJUSTMENT December 19, 1 978 MEMBERS PRESENT: Chairman Hu ghey; Members Hawley, Jone s, Harpe r; Building Offic ial Koehler Agenda Item Number 1 --Ap proval of the minutes o f the meeting of November 21, 1978: Hawley moved that the minutes be approved as presented. The motion was seconded by Jon es and unanimo us l y approved . Agend a Item Number 2 Consideration of a r eq u est to exp and a non- conforming structure b y Ho lliday Oil Co mpany: Koehler explained that t he proposed addition did not itself encroach on any building line, that parking met minimum requirements and that the original building did n ot meet r ear setb ack requirem e nts. Mr. Don Ganter s aid that he and Mr . Anz owne d similar businesses in the area and that parking and pedestrian traffic conditions were severe . He said that at tracting more such traffic would incre ase the problem. Mr . George Boyett said that he and others re presen ted b y him had commer- cial. property in the area and recogniz ed parking and traf fic problems. He offered the opinion that further expansion should not b e permitted until positive steps had been taken to alleviate the problems that now e xist. Mr. Holliday said that h i s plan provided for 14 parking spaces which exceeds the number of spaces provided b y many of the existing busine sses mentioned, The Chair moved that the request be approved because the conditions of parking had e xisted for s ome time , b ecause pa rkin g on site was sufficient for the use proposed and because the proposed construction would not increase the existing non-conformity. The motion was seconded by Jones . Hawley commented that the addition of space and change of nature o f u se would compound a severe problem which already existed. The motion failed by th e following vote: FOR: Hughey, Jones, Harper AGAINST: Hawley I \ ( \ ,. ! ' ( I I I· I I Minutes/Page 2 Ag enda Item Numb er 3 --Consideration of a request to expand a non- conforming structure from Larry Hill: Koehler explained that the e x isting residence did not meet·re;::ir setback requirements and that th e proposed e x p a nsion was the addition of a s ec ond st ory which would not e x ceed the horizontal limits of the exist- ing structure. He pointed out that the Board had considered and rejected an earlier proposal and that this request had corrected objectionable features of the first proposal. He said that the cooking facilities would have to be delet ed . Mr. Hi.11 concured wi.th deletion of t h e cooking facil i ties . The Chair moved that the request be granted because the e x tens·ion will not substantially alter the character of the structure or increase the non-conformity. The motion was· seconded by Harper and unanimously approved. Age n da Item Number 4 --Other Busine ss : There was n o other bu siness. Agenda It em Number 5 --Adjourn: There being no other business, the meeting was decl a red adjourned. I , ' . l, ·1 I I I i i I MI NUTES ZONING BOARD OF ADJUSTMENT De cembe r 19, 1978 1"1EMBERS PRESENT: Chairman Hughey; Members Hawley, Jones, Harper; Building Official Koehler ~g enda Item Number 1 --Approval o f the minutes of the meeting of November 21, 1978: Hawley moved that the minutes be approved as presented. The motion was seconded by Jones· and unanimous l y a pp r ove d. Age nda Item Number 2 Con s ideration of a request to expand a n on- conf orming structure by Holliday Oil Comp any : Koehler explained that the proposed ad dition did not itself encroach on a ny building line, that p a r k ing met mi n imum re quirements and tha t th e o rigin a l building did not meet rea r setback req u irements. Mr, Don Gant e r said th a t he and Mr. An z owned s imilar businesses in the area and that parking and pedestrian traffic conditions were severe. He s aid tha t a ttracting more such traffic would i nc rea s e the problem. Mr. Geo rge Bo ye tt s aid t hat h e a nd others r e pr e sent e d by him had comm er- cial. prope rty in . the area and rec ogni zed parking a nd traff ic p ro bl ems . He offered the opinion that further expansion should not be permitted un t il p osi tive s t e ps ha d b ee n t aken to a l levi ate the problems t h a t now exist . Mr. Holliday said that his plan provided for 14 parking spaces -which exceeds the number of spaces provided by many of the existing businesses ·mentioned. The Chair moved that the request be approved because the condit ions of parking had existed for some time, because parking on site was sufficient for the use proposed and because the proposed construction would not increase the existing non-conformity. The motion was seconded by Jones. Hawley commented that the addition of space and change of nature of use would compound a severe problem which already existed . The motion failed by the followin g vote: FOR : Hu ghey, Jones, Harper AGAINST: Hawley I I ' Minutes/Page 2 Ag enda Item Number 3 --Consid e ration of a request to expand a non- con formin g structure from Larry Hill: Koehler explained that the existing residence did not meet rear setback requirements a nd that the proposed expansion was the addition of a second story which would not exceed the horizontal limits of the exist- ing structure. He pointed out that the Board had considered and rejected an earlier proposal and that this request had corrected objec tionable features of the first proposal. Be said that the cooking facilities would have to be deleted. Mr. Hill concured with deletion of tb.e cooking facilities. The Cha ir moved that the request be granted because the extension will not substantially alter the character · of the structure or increase the non-conformity. The motion was seconded by Harper and unanimously approved. Agenda Item Number 4 --Other Business: Ther.e was no other business, Agenda Item Number 5 --Adjourn: There being no other business, the meeting was declared adjourned. I- \ / \ ( \ I ·I ,; MI NU TES ZONING BOARD OF ADJUSTMENT December 19, 1978 MEMBERS PRESENT: Chairman Hughey; Members Ha wley, Jones, Harper; Build ing Official Koehler Agenda Item Number 1 --Approval of the minutes of the meetin g of November 21, 1978: Hawley moved that the minutes be approved as presented. The motion was s econded by Jone s and unanimously app r oved. Agenda Item Number 2 Consideration of a request to e x pand a non- conforming structure by Holliday Oil Compa ny: Koehler explained that the proposed addition did not itself encroach on any building line, that p a rking met mi n imum requ i reme nts a nd tha t the original building d i d no t meet rear setback re q uir em e nts . Mr , Don Ganter said that he and Mr . Anz owned similar bus i nesses in the area and that parking and pedestrian traffic conditions were severe. He said that attracting mo re such t r affic wou ld increa se the prob l e m. Mr . Georg e Boyett said that he and other s repr esent e d by h im had commer - cial. prop erty in the area and recognized parking and traf f ic p r oblems. He offered the opinion that further expansion should not b e permitted until po s i t ive steps had been t aken t o alleviate t h e problems t h at now e xist. Mr. Holliday said that his plan provi ded for 14 parking spaces which e x ceeds the number of spaces provided by many o f t he existing businesses mentioned. The Chair moved that the request be approved because the conditions o f parking had existed f or some time, because parking on s ·ite was s u ffici e nt for the use proposed arid because the proposed construction would not increase the existing non-conformity. The motion was seconded by Jones . Ha wley commented that the addition of space and change o f nature of use would compound a severe problem which already existed. The motion failed b y the followin g vote: FOR: Hughey, Jones, Harper AGAINST: Hawley I I ( ( -1 I I I I I I Minutes/Page 2 Ag e nda Item Number 3 --Consideration of .a request to expand a non- conforming structure from Larry Hill:_ Koehl er explained that the existing residence did not meet rear setback requireme nts and that th e proposed expansion was the addition o f a second story which would not exceed the horizonta l limits of the exist- ing structure . He pointed out that the Board had considered and rejected an earlier proposal and that this request had corrected objectionable features of the first propo sal. He said tha t the cooking facilities would have to be delet ed . Mr. Hi.11 concured with deletion of the cooking facilities . ... The Cha ir moved that the r e quest be granted because the extension will not substantially alter the character of the structure or increase the non-conformity. The motion was· seconded by Harper and unanimously approved. Agenda Item Number 4 --Other Busine ss : There was no other bus i n ess . Agenda Item Number 5 --Adjourn: There being no othe r business, the meeting was de clared adjourned. I . ,. ( ( I I I -I ; 'i MEMB ERS PRESENT: MINU TE S ZO NIN G BOARD OF ADJ USTMEN T Dec e mber 19, 19 78 Chairman Hu ghey ; Members Haw l e y , Jones , Harp e r; Bu ild i n g Officia l Koeh ler ~g enda Ite m Number 1 --Approv al of the -minut e s of the meet i n g of November 21, 1978: Hawley moved that the minutes be approved as prese nted . The motion wa s seconded by J on es a n d u nan imously ap p r ov ed. A g e nd~ I tem Number 2 Con s id e rat ion of a r e q uest t o expand a no n - c o n f o rming s tructur e b y Holliday Oi l Compan y : Koehler e x p l ained that the p ropos ed addi t i on d i d no t i tself encroach on any building lin e , t hat parkin g met mi nimum requ iremen t s and t h a t the or i g inal building did not me et r ear se t back requ 'r e ments. Mr , Don Gan t er s aid t hat h e a nd Mr . Anz own e d s imi lar bus i n e ss e s in the ar e a and t h at par k i n g a nd p e d es tr ian traff i c condit i on s we re severe . He said t hat a t tracting mo re such traffic would i ncre a se t he proble m. Mr . Ge org e Boye tt said tha t h e and other s repre sen t e d by h i m h ad c omm e r- c ial property in the area a nd recognize d p ar k i ng a n d tra f f i c p roblems . He offere d the opinio n t h at further e x pans ion s h ould n ot b e p e r mitted until p o sitive steps h a d been t a ken t o allev iate t h e problem s t h a t n ow e x ist. Mr . Holl i day said that his plan provided for 14 park i ng spaces wh ich exceeds the number o f spaces provided b y many o f t h e exist i n g b u sinesses menti oned , The Chair moved that the request be app r oved b e cau se the co n ditions o f parking h ad existed f or s ome time, because p arking on s i te was· suf ficie n t f or the use proposed a rid because the proposed c onst ru ction would not increase the existing non-conf ormity. The mo t i on was seconded by Jones . Hawley c ommented that the addition of space a n d change o f nature of u se would compound a severe problem which already existed. Th e mot i on failed by the followin g v ote: FOR: Hug hey , Jone s , Ha rper AGAINS T : Ha wley I \ " ·/ I Minutes/Page 2 Agenda ltem Numb e.r 3 -:-Considera tion o.f a . reque.s.t to expand a non- conforming structure from Larry Hill: Koehler explained that the existing r es idence did not meet r ear setba ck requir eme nts and tha t t he proposed e xpansion was the addition of a second _ s tory which would not exceed t he horizontal l imi ts of the ~xist ing structure. He point ed ou t that the Board had considered and rejected an earlier proposal and that this request had corrected objectionable features of the first proposal . Re said that the cooking facilities would have to be. delet ed. Mr. Hill concured with deletion of tbe cooking facilities. The Chair moved that the request be. granted because the e xtension will not substantially al t er the character of the structure or increase the non-conformity. The motion was· seconded by Harper and unanimously approved. Agenda Item Number 4 --Other Business: There was no other business. Agenda Item Number 5 --Adjourn : There being no other business, the meeting was declared adjourned. ( ( \ I I I I I I I . , I I MINUTES ZO NING BOARD OF ADJUSTMENT December 19 , 197 8 MEMBERS PRESENT: Chairma n Hughey; Me mbers Ha wley , J one s, Harper; Building Official Koehler Agenda Item Number 1 --Approyal o f the minutes o f the meeting of No vember 21, 1978: Hawley moved that the minutes be approved as presented. The motion was sec ond ed b y Jones and unanimously appr oved ; Agenda Item Number 2 Co ns ideration of a request to expand a non- conforming structure by Hollid~y Oil Comp any : Koehler explained that the proposed addition did not its elf encroach on any building line, that parking met minimum requireme nts and tha t the or iginal building did not meet rear setback requiremen ts . Mr. Don Ga nter said that he and Mr . Anz owne d similar bus inesses in the area and that parking and pedestrian traffic conditions were severe. He said that attracting mor e such traffic would increase the problem . Mr. George Boyett said tha t he and others repres ented b y him had comm er- cial. prop erty in th e area and recogni zed parking and traffic problems. He offered the opinion that further e x pansion should not be permitted until po sitive steps had been taken to alleviate the problems that now exist. Mr. Holliday said that his plan provided for 14 parking spaces which e x ceeds the number of spaces provided by many of the existing businesses mentioned. The Chair moved that the request be approved because the conditions of ' parking had existed for some time, because parking on s ·ite was sufficient for the use proposed arid because the proposed construction would not increase the existing non-conformity. The motion was seconded by Jones. Hawley commented that the addition of space and change of nature of us e would compound a severe problem which already existed • The motion failed by the following vote: FOR: Hughey, Jones, Harper AGAINST: Hawley I I \ I \ Minutes/Page 2 Agenda Item Number 3 -..,. Consid e ration of a requ est to expand a non- conforming structure from Larry Hill: Koehler explained that the e x isting residence did not meet rear setback requireme nts and that th e proposed expansion was the addition of a second story which would not exceed the horizontal limits of the exist- ing structure . He pointed out that the Board had considered and rejected an earlier proposal and that this request had corrected objectionable features of the first proposal. Re said that the cooking facilities would have to be dele ted . Mr. Hill concured with deletion of the cooking facilities . The Chair moved that t he request be granted because the extension will not substantially alter the character of the structure or increase the non-conformity. The motion was seconded by Harper a nd unanimously approved. Agenda Item Number 4 --Other Business: There was no other business. Agenda Item Number 5 --Adjourn : There being no other business, the meeting was declared adjourned. I __ ./