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HomeMy WebLinkAbout123 Regular Meeting 8.14.79( ~ MINUTES Zoning Board of Adjustment August 14, 1979 MEMBERS PRESENT: Chairman Harper, Boughton, Burke, Jones, Bailey MEMBERS ABSENT: Mathewson, Dubois STAFF MEMBERS PRESENT: Zoning Official Callaway, City Planner Mayo, Planning Assistant Longley Agenda Item No. 1 --Approval of Minutes, Meeting of July 17, 1979. Burke moved to approve the minutes of July 17, 1979 with the cor- rection of the date of the minutes previously approved. Boughton seconded the motion which passed unanimously. Agenda Item No. 2 --Consideration for a request for a rehearing in the name of Mr. Larry Hickman, 301 w. Dexter. Consideration of this item was postponed to allow Mr. Hickmans attorney to arrive. Agenda Item No. 3 --Consideration of a request for a variance in the name of C.E. "Pat" Olsen, 409 Dexter. C.E. Olsen addressed the Board, explaining his request to construct a garage within 3 feet of the rear property line of his lot. Jim Holster, project architect, further explained the request. Chariman Harper inquired as to whether the proposed garage would have a roof overhang. Holster replied that a one-foot overhang was planned, but that this could be reduced. Gloria Martinson spoke in support of the variance. City Planner Mayo pointed out that non-conforming structures .should be phased out over time, and that the existance of a necessary hardship must be clear when granting a variance. Mayo inquired as to whether any thought had been given to an alternative design to avoid the need for a variance. Mayo and Holster discussed alternatives and the concept of hardship. Olsen pointed out his desire to maintain the established trees and driveway. Bailey asked if the applicant would be willing to place the garage closer to the house. Olsen stated his desire to maintain the sep- aration between the house and garage. MINUTES August 14, 1979 2 Chariman Harper moved to grant a variance to the rear setback requirement to the .site at because of a special condition of a 13 foot alley to the rear and the general pattern of garages abutting the alley on adjacent properties. The motibn was seconded by Burke and failed unanimously. Agenda Item No. 2 --This item was taken up after being previously opposed. Mr. John Hawtrey, representing Dr. Larry Hickman, requested a rehearing for Dr. Hickmans request for a variance in order to deal with establishing jurisdiction and the reasons for referring the request to the Board. City Planner Mayo suggested that any rehearing should be notified for in the same manner as the original request. Bailey stated that any such consideration of jurisdiction should have proper public notice. Chairman Harper moved to grant the petition for a rehearing, to be heard at the September Board of Adjustment meeting, with notification to be mailed to those having received prior notification. The motion was seconded by Bailey and passed unanimously. Agenda Item No. 4 --Consideration of a request for a variance i ·n the name of Mr. John Paul Jo·nes, ·405 University Drive. Mr. Jones presented his request for a variance to Section 7-B, Ordinance No. 8 50, Of f-Stre·et Parking Required.· Irf his request Jones made the following points: 1. There is no space on the project site where off-street par- king could be provided. 2. There is no property within 200 feet of the project site, and under the same ownership where such parking could be provided. 3. The key question to be considered should be whether or not the granting of the variance would be contrary to the public interest. Mr. Jones further stated that his business would attract walk-in customers and the overflow from other Northgate clubs, that ~pis hours of business would differ from the adjacent businesses, pnd there is often available parking in the vicinity of his location. Bailey inquired as to the provisions for employees could park on-street. Bailey stated that he believed that most patrons would drive to the Northgate area. Mr. Jones stated that he would generate less traffic than the photography studio previously at that location. City Planner Mayo expressed his concern about the changing of Northgate businesses to more intensive uses, thus compounding the existing parking problem. MlliUIBS August 14, 1979 3 Mr. Fred Shelton stated that the issue to be considered should be whether or not the variance would be contrary to the public interest. Mayo, in duscussion with Mr. Jones, agreed that the peak hours of the proposed business would differ from adjacent businesses and that the proposed business might draw from the overflow of the existing Northgate clubs. Mayo further stated that the previous business at that location had a lower parking prquirement. John Otts related problems he had experienced in finding parking spaces at night in the Northgate area. Dennis Krlauf stated that the parking problems would be the same for any business that went into that location, and that the parking requirement should be waived. Harper replied available with regards to providing solutions to f Northgate parking problems. Mayo reported on efforts underway to address the Northgate parking problems, and discussed the Theory of reducing the intensity of non-conforming uses. Boughton stated that Northgate merchants had expressed their desire to obtain more enforcement of parking regulations in Northgate. Mayo stated that he had no recommendations regarding Mr. Jones request. Harper stated some concern over waiving all parking requirements. Mr. Jones again presented his request to the Board. Following a discussion of a need for a variance for that lease space Chairman Harper moved to authorize a variance waving off - street parking as this is not deemed to be contrary to the public interest and due to the unique and special conditions of the land since it i~ not possibl~ to obtain private parking within the 200 foot requirement of the ordinance. The motion was seconde~_by / Burke. Burke expressed opposition to the motion, stating the need to avoid complicating the existing parking problems before adding additional parking demand. Fred Shelton stated concern over his vacant lease space. Following additional discussion of the request, the motion failed by the following vote: For: Harper Against: Burke, Boughton, Bailey Agenda Item No. 5 --Consideration of a request for a variance in the name of Mr. Richard Smith, 819 Texas Ave. ( MlliUIBS August 14, 1979 4 Mr. Smith presented his request to light a non-conforming sign, detailing the history of the sign, and the need for the request variance. Harper expressed concern about the effect of the lighting on Texas Avenue traffic at night. Smith stated that the fixture to be used should not be a problem, and that he would be happy to correct any problems caused by the lighting. Harper moved to grant the requested variance provided that if the lighting becomes a hazard it shall be corrected by the owner. Bailey seconded the motion which passes unanimously. MINUTES City of College Station Zoning Board of Adjustments MEMBERS PRESENT: Chairman Harper; Boughton; Burke; Jones STAFF MEMBERS PR ESEN T: Zoning Official Callaw ay AGENDA ITEM NUM BER 1 -Approval of Minutes, Meeting of June 17, 1979. Boughton moved to approve the Minutes of June 17 .. Harp er seconded the motion, with the vote as follows: For: Boughton, Harper Ab staining: Jones, Burke AG~NDA ITEM NUMBER 2 -Consideration of a reque st for th e expansion of a non-conforming use in the na me of Mr. Larry Hickman, 300 W. De xt er - Chairman Harper invited Mr. Hick man to comment on the r equest for a va r iance. Mr. Hickman requested to allow oth ers to com ment first, so as to allow him to address any points raised. Mr. Richard Vrooman inquired as to the date of Mr. Hick mans request and whether or not Mr . Hick man had to be made aware of the need for a Building Permit for the work already completed. Mr. Vrooman further inquired as to whether or not the construction was undertaken to create an illegal dw elling unit in the attic of the structure. Mr . Hickm an r esponded to the above questions by reading aloud his requ est for the expansion. Mr . Vro oman discussed past problems associated with the subjec t property and the use of the garage on the prop erty as a dwelling unit. Callaway discus sed the requirements of Or dinances 11 38 11 and 11 85 011 as they related to the gara9e-apartment. Mr. Duane Cote addressed past prob l ems associated with the subject tract, its use, and past construction undertaken to create additional dwelling units. Cote further stated that the construction did not appear ;to meet lo cal codes and stressed that the construction preceded the permit request. Jones asked Mr .· Cote to elaborate on his comments concerning construction qua lity. Mr . Cote discussed the construction undertaken. Mr . Hick ma n asked to address the que stions raised. Hick man stated he · had no plans to add occupants to the structure, and discussed the past history of the subject property. He stated the reasons for the expansion were: l. Increa sed energy effic i ency 2. Incre ased comfort for occupants. Zoning Official Call away poin ted out that Building Permits are not co mmonly required for patios and deck s, but was being required for Mr . Hickm an 's structure because of the hei ght of the structure . ( Min utes Zoning Board of Adjustment J une 17 , 1979 Page 2 Mr. Hickman expressed his surprise at the questions being raised. Mr. Lambert Wilkes expressed his concern over the possible use of the a ttfc as a dwe ll fng unit . Mrs. Lambert Wil kes expressed her concern ov er the use of t he gara g ~ apartment and adjacent construction . The Board discussed the causes of the non =conform i ty and the applicable s ec tions of t he Ord in ance under wh i c h the request was to be cons i dered. Cha i rman Harper moved to grant the r equest f or the construction of the deck at t he second floor as indicated on the app li cant 1 s r equest. The mo t i on was seconded by Boughton and fa il ed by the following vote : Fo r : Boughton; Burke Opposed : Harper ; J ones Cha i rman Harper moved to grant the r equest f or alterations i n the attic. Boug nton sec onded th e .mot i on which f ailed by the fo ll owing vote: Fo r : Opposed: J:l one Unanimous AGEN DA ITEM NUMBER 3 -Cons i derat i on of a request for a varianc e i n the name of Phi l ip Noe, 1501 Guns mith. Cha i rman Harper requested an explanation of the request from Mr. Noe. Mr . Noe exp l ained the use of the ex i sting non-conform i ng structure, a game room-guest f acility and his intentions to enlarge the structure wh il e ma i nta ini ng t he same use. J on es requested in f ormat i on concern i ng Boar d action on similar requests fo the past . Following a review of past cases, Burke stated the mot i on t hat the req uest wou l d be gran te d prov i ded th at there be a definite connection to th e princ i ple structure, not just a covered breezeway . Chairma n Ha r per so mo ved wi th the st i pu l at i on that t he stipu l ation that the i mprovements were to be utfl ized so l el y for guest facilities. The mot i on was seconded by Jones and was approved by the follo wing vote: For : Op posed : Unanimous None City of co-ege Station POST OFFICE BOX 9960 11 0 1 T EX.AS AV ENUE COLLEGE STATION. T EXAS 77840 Au gust 9, 1979 TO : ZO NING BOARD OF ADJUSTME NTS ~ JIM CALLAWAY , ZO NING O FFI CIAL/~ FROM: S UBJE CT: AGEND A ITEMS, MEETING OF AUGUST 14, 1979 Agenda Item No. 2 --We have received a request from Mr . John Hawtrey , attorney for Larry Hickman, f o r a rehearing of Mr. Hickman 's request for the expansion of a no n-conforming use at 300 W. De xter. A copy of Mr . Hawtrey's letter is in- cluded herein. For this item you will be cons id ering o nly whether o r not t o grant the r equested rehearing. No a ction can be taken o ther than g r anting o r denying a rehearing . No notifications will b e sent t o adjacent property owners u ntil , and unless, such a rehearing is scheduled . Agenda Item No. 3 --Mr. C. E. "P at" Ols er acquired the pro perty at 409 Dexter (at Burt St .) f o r a homes ite. In preparation for building his home he removed the existing hou s e and g a rage . He now re quests a vari ance to the rear setb ack requirements so that h e may construct a garage o n the site o f the old garage . This would provide ~foot rear setback. 3 One important point that shou ld be taken into consideration is t he ex is ting a .lley al ong the rear property line. This al ley, some thing not normally found in more recent developments in Coll ege Station, do e s provide some setback from the proposed garage and the ad j a c ent propert ie s. The al l ey is approximately 13 feet in width. Agenda Item No. 4 --A building permit request in the name o f Mr . Jon es has b een d e ni e d by my of fice . This denial was n ecessary because S ec tion 7-B of the Zoning Ordinance requires th a t o ff-street parking be provided wh en necessary to accumulate a ch a n ge o f us e . Bec ause of his loc ation , in a developed area , Northgate, Mr . Jon es c annot provide any o ff -s t re·t p ark ing. AGENDA ITEMS MEETING OF AUGUST 14 , 1979 Mr. Jones has informed me that he will provide additional information concerning parking around his site at the meeting. Agenda Item No. 5 --The information in Mr. Smith's request for the addition of lighting to a non-conforming sign appears to be self-explanatory and accurate. I see no problems with the addition of the flourescent lighting to the existing sign . • LAW OFFIC ES SEYMOUR, HA\NTREY AND HANKINS July 26, 1979 Zoning Boad of Adjustme n t City of College Station City Hall College Station, Tex as 77840 Gentlemen: 303 E. 29TH POST O FFI CE BOX 3685 BRYAN, T EXAS 77801 T ELEPHONE (71 3 ) 7 79-4035 On advice of City Attorney , Neeley Lewis, this letter is a request for a rehearing of the matter concerning the property located at 300 De xter West, Coll ege Station, owned by Larry Hickman. Basis of the request for rehe a ring is for determin ati on of questions of the jurisdiction of the Board of Adjustme nt. JEH/nh cc: Dr. Larry Hickman A SSO CI ATED A TTORN EYS: JOHN L. SEYMO UR, ATTORNEY AT LAw · JOHN E . HAWTREY, ATTO RNEY AT LAW LAMAR W. HANKINS , ATTOR NEY AT LAW •. City of College Station POST O FFICE BOX 9960 I I 0 I T E XAS AV ENUE COLLEGE STATION. T EXAS 77840 July 31, 1979 John E. Ha wtrey Seymour, Hawtrey, and Hawkin s P.O. Box 3685 Bryan, Tx. 77801 Dear Mr. Hawtrey: Your request for a rehearing in the name of Mr. Larry Hickm an, 300 West Dexter, has been forwa rded to the Zo ing Bo ard of Adjustme nts for the City of Coll ege Station. The Board wi'l l consider the r equest for a reh ear ing at their meeting of August 14, 1979, in the Co unc il Ch amoers at City Ha ll in College Stat ion, 7:00 p.m . \=,~-~ James M. Callawa y Zonin g Offic i a l JMC: lg cc: _Mr . Larry Hickman .,·' --~ I ---11 -~ ~ ;, ··-., ;, j i: j ; I, :; /, . I ,, !J ., /. ) : 1 : ! I . !; ITEM #3 ZONING BO ARD OF ADJUSTMENT FILE NO. Name of Applicant .Mailing Addre ss P. 0. BoL..5__,_.Qlift_gn,_Tuxas 766J4 Phone ( 817 ) 67 5-8644 Location : 4-cf Lot·, 11&12 ~ . Blo c k .21 -' Sub division .Coll~e Park , I Description, If applicabl e Mr. Olsen 's property _g_onsists of the South half o f Lot 11, Block '21 and ~he North .hilf ~f Lot 12, Block .21. --'---- :. • l ' Action requested : A\ variance in the rear setback line requireQ__Q.y ______ · _· _ ordfnanc~-~---. -------------·-- NAHE ADDRES S (From current tax rolls, College Station Tax Ass e ssor ) George B . Hensarli~ 505 Dexter St .. _c~.s~·----------------­ Alic e S . Garner; 401 ' D==e~x~t~e~r....,_~C~.,__,S~·---,-------------.,...,----~~~ John G. Otts, P .O. Box 1122, C .S . Ohannes Ekndyan,-202 -Suffock , C.S. Michael Hoelscher, 204 Suf f ock , C.S. Phillip B . Goode, Dr awer DT C.S. Sandra Datshkovsky, 212 Suffolk, C.S_~·-­ A.C. MaGee, 301 Suffo lk, C.S. Miss Caro line Mit ch el l, 21~~s~u~f~f~o~l~k,~-~c.~s~·---------------­ Floyd Manni ng, 107 Suffol k, C.S. Frank S . Davis , 306 Suffolk , d.s. John Holc omb, 311 Suffolk, C.S. ~G~e~r~a~l~d~C~o~l~l~i~n~.s~,L-~3L1~o~s~u~f~f~o~l~kJ.~c~ . ....hLJ.__ _____________________ _ Gloria Lefner , 305 Dexter , C.S. John B . Smith, 121 Gnarled Hollow. Setauket, N.Y., 11733 Bardin Nels on, P.O. Bo x 1465, C.S. J. Gordon Gay , 201 Suffolk, C.S. P . J . Mims , 501 S. Dexter , C.S. Timothy Keneipp , 2 03 Suffo lk . C.S. Wm .-Loveles s , 215 Suff olk, C .S . aarl E. Shafer , 207 Suf folk , ~C~·~S~·=------~-------------"--~~­Jos eph McGraw , 211 Suff olk, C.S . FI LE NO. !'resent: zoning of l and i n qu~stion __ R_-~ Sect i on of o r di.n3.nce from which v2rianc.e is sought .... :.-6....::.G~---Rea.r___rarcL Re_q__'.__d_. ____ ·. The fo.l l o~.;ring spec ific v .'.lria t ion fro::i t h <:! o r d inance i s req ues t ed : l.il_ge atta.Qb_eq_ :2lat .) L ocat i o n of t he gar2.g e to be p l aced in the same l ocation as. the razed garage . The proposed new ~ar:__ag (' i s t o b e J '-0 " from the ---- r ear p ioperty line . ----------------~-------- This v ariance i s necessary due t o t h2 fo llowing uni qu e and spe cia l co nd itions o f th e l and not f o und in l ike distric t s : l andsc2,piri.g_, trees 8-1..,:_Q shrubs are s i tuated fo r o ld d ri veviav c9ndilioJ1 ... _ S tri c t en:fcrcement o f the zoning o rdtnance wq_~Jd ·resy_Jt i D._<l...ll __________ . The followln~ a l ternatives to th e requ e sted variance are po ss ib le : Th i s v a r iance wi ll n ot b e contrary to t h2 p ublic int erest by virtue o f the follo ~.;ring £~~t ~: (1) An ex i sting a ll ey o f l J '-0 " wide insure§ ade9Jd_ate r.::ce...::.a=r'----- area . OVER Th2 fa ct s state d by me in ihis app l i c at i o n a r e t r u e and c o rrec t . Date ..,_._ ~®mm®@ ~@ D @u®[f g &[f©[fDou®©u ~@J,@1] u ®21®@ &W®U1JQD@ ©@ DD @®® ~u ®uo @ U1J g u~ uu®@J© «&[?@® u1l ~~ ®®~ ~1J u® Mr . Bill Koehler , Building Official City of Coll ege Station Coll ege Station, Texas 77840 Subject: C. E. Pat Ol sen Residenc e 409 Dexter Colle ge Station , Texas 77 8 40 Dear Mr . Koehler: In reference to th e above noted proj e ct, we respectful ly request a d eci s ion o n the feasibility o f ob t a i ning a building p e rmit if the proposed structure is located on th e prope rty a s shown on the attached site plan. Sinc e the location of the structure i s questio n able ; it would be impractic a l to submit a complete d es ign at this time . \le realize that the rear building l ine does not conform to the present zoning ordinance . How e v e r , it is th e o p inion o f the owner, the architect , and the contra ctor tha t this proj e ct will not be contra ry to the public intere st . We are propo s ing to build the garag e portion of the r e sidence in th e s~1 e loc a tion as the original garage which wa s ra ze d in July of this ye a r . We are proposing to utilize th e exis t ing drive area and e x isting curb cut on Burt Stre e t. This pro j ect has s e v e ral unique con d ition s to b e con s idered . First, the proposed rear building line wi l l b e the s ame as tha t found on t he surrounding resid ences . Seco n d , the existing alley wi ll remain for access to the re a r of the r e sidenc e s in the i mm ediate area . Finally, th e propos e d projec t will enh a nce the e x isting neighborhood by helping revitalize one o f Colle ge Stat ion 's oldest sub di vi s ions. We would appreciate a decision on t he feasibili t y of this project as s o on as possible. J u l y 31 , 19 79 JEH/nbh '•' ITEM #4 ZONING BOARD OF ADJUSTHENT FILE NO . Mailing Address P .O. Box 9069, Colle~e Station, Texas 77 840 Phone · 8 46-4911 Home Phone : 779-7916 ·•· Loc·ation : Lo t1_t~--'-Block__?.____ Subdivision Bovett Descrilltion, If applicable · Building:: is 1oca ted on th e nor th ea st corner of · tb e · 1 n terse c. t; on ·. of · Uni ver s 1 t y and e Q,-=l=l=-.:e"-'!2:"'-e=---,_M=a=i,_,_n.__ _____ ~-- Action reques ted: Appl i cant reQuests a variance be granted NAME . ADD RESS (From current t ax rolls, College Station Tax Assessor) Howa rd, Nanne Shelw. %Joel W. Howard,P.O. 1~4. Osceola ,Ark. 72 370 Shelton . Fred . 1107 N.Haskell. Dallas, Tx 752 04 ·Sorrels, Hornak & Hornak , 4660 Be echnut #228, Hous t on, Tx 7709 6 Holick, W .. Jo nnie ·, 30 8 Tee Dr., Brvan. Tx. 7780 Lipscomb, Carolvn W., Lipscomb Tr. 100 Lee St_. ,Col le ge Station, Tx Mi tche 11, A. Est. %H . Mi tche ~l, 107 Pershinp;, Coll ege Sta t i on, Tx-- Martin , Helen S., ·Box 2, Colle ge Sta ti on, Txx Boyett,O.H.%L .B .Van ce, Horseshoe Bay,. Box 7 8 07, Ma rble Fa ll s,Tx Van c e , L .B.,Horseshoe Bay Box 7 8 07, Ma rble Fa lls,Tx 78654 Bryan , Rona ld, 1813 Shadowood, College Station,Tx A~M Meth odist, 41 7 University Dr ., College Station,Tx Lauterstein,J .B . Est .%Glenda Alter Ind.Exec ., 153 Hilla Vista Dr. .,. ZONING BOARD OF ADJUSTMENT FILE NO . Present zoning of land in question C-1 Gen . C_Qill.rn&r~..l. Section of ordina nce from which varicmce is sought7..:.B -Off Street r:>ark in g RM_._ -\ The following specific variation from the ordinance is requested : Appl icant reque ts that off . str et oo.rking requirements be w~;l_y.§d_._ ____ _ ___ ,_..... _________ _ This v ariance is necessary due to the following ·unique and special conditions 0£ the land not found i n like districts : It is not possible for the a pnlicant to Provide new off street parkinp: space 1?_· ·-------·--------~------------------ The following alternatives to the requ ested variance are possible: ~h~re are no alternatives because the location j n qnes..ti on and_fue_ __ surrounding properties are fullv develoned This variance ·wil l not be contrary to the public interest by virtue of the following rcii.c~~: 1, We '1111 cater p-rjmarily to dorm residPnts-walk jn traf'fjc 2. Our peak hours of business will differ from that of our most j mrned ia te _ nei i:l;hbors. J . There ~ts more than R~.9ess arv on street and of'f street parki rig I Date . -~ --.:...---~ --~--------------------.~ .. - 1 . We will cater to dorm residents . This is walk in traffic . our marketin g efforts will be focused on these students . , 2. Our peak hours of opera tion will differ fro m that of our most i mmediate nei g hbor s : bookst o .e s , shoe store . barbershops , eng in e er i ng su p plies , dry cl e a n e r, photog raph y studio , c amera s tore ,insurance a g encey, and jewelry store . J . Gth e r than ne w dor m s tu dents we will not g e n e r ate increased traffic in the north g ate area. We will not be offering any new services for t h ose who mi g ht drive to northga te . 4. Our peak hours of o p eration will be after 7:00 pm . There i s more . than suff ici ent parking available surrounding our location . On stre e t parking is ava ilabe o n University Dr. on the north side and off street park ing i s available on the so .th side. During o ur e xpected peak loads , thes e pa· k ing spaces a re usually e wp ty. 5. We are east of the parking con g estion at north gate . Our presence mi g ht relieve som e of this con g estion by encou ra g ing some of this traffic to parl{ farther east where plenty of parking is available. ITEM #5 .• ZONI NG BOARD OF ADJUST ~.::E N T FILE NO . Na me of Applicant ____ R_i _c_h_a_r_d __ s __ m_i_t_h _______________ -'--------- Hailing Address _____ 8_1_9_T_e_x_a_s_A_v __ e_n_u_e_, _c_o_l_l_e_g=--e_S_t_a_t_i_o_n_,_T_e_x_a_s_7_7_8_4_0 __ Phone . __ 8_4_6_-_3_7_4_3 _____ _ ~ 1 Subdivision D. A. Smith Location : Pt Lot ----Block _ _=:l _ Description, If applicable ---------------------------~~ Action requested: ' -Permission t o place l ighting on existing sign NANE ADDRESS . (From current tax rolls, College Station Tax As sessor) Mobil Oil Corp., P. O. Bo x 900 , Dallas, Tx .75221 John J . Bravenec, 2511 Roundtree, Bryan , Tx . 77801 Area Progress Corporation, P. 0. Box AF , College Station, Tx 77840 W. B . Roman, J r .~ 2 7 01 Osler Blvd . Bryan , Tx 778 0 1 -""--'--'---------------~- Robert M. Tatum , 2701 West Lane, Houston, Tx 7702 7 T: 0 . Walton;'90~ Highway 6 South , Coll e ge · Station, Tx 77840 . Homer B . Adams, P. 0 . Box 1 852 , Co ll ege Station~ Tx 77 840 ., .,,ONINC BOARD OF ADJUSTN ENT FILE NO . Pres e nt zoning of lancl in question _C"----_,_\ _ __,('--''7--Q.""rJ'-"--...._, _ _,._l_,._a -'-.11_,_VJ,_,_()_,__,'-""~'-',r~c"-_~,__,t,~\..__ _____ _ Se ction of ordinance from which variance is sought E---b : $"-'\J. q ). The followin g specifi~ vari.atiou jrom the. ordina nc e is. requ e sted: This requ~s t does no1: in and of it se lr constitut e a variat i on. I a m reqa e sl111g- permis s ion to place lighting on a sign which was ori g in a lly insta lled under a vai:iance. Since this sign was originally inst a lled under a • vari ance , any alterations must be r e viewed by this Board. This v ariance is necess a ry due to the following unique and special condition s of the land not found in like districts: This tract of lan d was built upon in the 1940's. The building was placed near th e · right~of-way as was th e cu sto~ in those days. Other business e s in the area also built near the ROW a n d erected signs. Therefore, the placement of the sign was controlled by the None This variance will not be contra ry to the public int e r e st by virtue of the following f~cts: The sign lighting will be soft fluoresc e nt and will actu a lly enharice th e area by provid in g security lighting wh e re no ne exi s ts. The corner of Lincoln and Texas i s now very dark and this lighting ~ill help the situation. The facts stated by me in this application are true and correct. Appli c a nt Date ,;_ •• 37 43 SOUTH TEXAS AVENUE, BRYAN, TEX AS 778 0 1, (713) 846-3743 tt 1 ~!..VD R.f:-')CC-JJ 't--z..___ ~ t,-t btt-'I l ion::roIL °f,, tJ l Li) ~1?,. I Df\i~L-O?c;.1 I Property Safes It Comm ercial Leases o Management • Marketing AGENDA City of College Station Zoni'n g Board of Adjustments August 14, 1979 1. Approval of Minutes, meeting of July 17, 1979. 2. Consideration for a request of a rehearin~ in the name of Mr. Larry Hickman, 301 H. Dexter. 3. Consideration of a request for a variance in the name of Mr. C. E. "Pat" Olsen, 409 ;ioexter. 4. Consideration of a request for a variance in the name of Mr. John Paul Jones, 405 University Drive. 5. Consideration of a request for a variance in the name of Mr. Richard Smith, 819 Texas Avenue. City of College Station POST OFFICE BOX 9960 I JO I TEXAS AVENUE COLLEGE STATION, TEXAS 77840 August 9, 1979 TO: ZONING BOARD OF ADJUSTMENTS ~ JIM CALLAWAY, ZONING OFFICIAL {~ FROM: SUBJECT: AGENDA ITEMS, MEETING OF AUGUST 14, 1979 Agenda Item No. 2 --We have received a request from Mr. John Hawtrey, attorney for Larry Hickman, for a rehearing of Mr. Hickman's request for the expansion of a non-conforming use at 300 W. Dexter. A copy of Mr. Hawtrey's letter is in- cluded herein. For this item you will be considering only whether or not to grant the requested rehearing. No action can be taken other than granting or denying a rehearing. No notifications will be sent to adjacent property owners until, and unless, such a rehearing is scheduled. Agenda Item No. 3 --Mr. C. E. "Pat" Olser acquired the property at 409 Dexter (at Burt St.) for a homesite. In preparation for building his home he removed the existing house and garage. He now requests a variance to the rear setback requirements so that he may construct a garage on the site of the old garage. This would provide ~foot rear setback. One important point that should be taken ·into consideration is the existing alley along the rear property line. This alley, something not normally found in more recent developments in College Station, does provide some setback from the proposed garage and the adjacent properties. The alley is approximately 13 feet in width. Agenda Item No. 4 --A building permit request in the name of Mr. Jones has been denied by my office. This denial was necessary because Section 7-B of the Zoning Ordinance requires that off-street parking be provided when necessary to accumulate a change of use. Because of his location, in a developed area, Northgate, Mr. Jones cannot provide any off-street parking. AGENDA ITEMS MEETING OF AUGUST 14, 1979 Mr. Jones has informed me that he will provide additional information concerning parking around his site at the meeting. Agenda Item No. 5 --The information in Mr. Smith's request for the addition of lighting to a non-conforming sign appears to be self-explanatory and accurate. I see no problems with the addition of the flourescent lighting to the existing sign. City of College Station POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION. TEXAS 77840 July 31, l 979 John E. Hawtrey Seymour, Hawtrey, and Hawkins P.O. Box 3685 Brya n, Tx. 77801 Dear Mr. Hawtrey: Your request for a rehearing in the name of Mr. Larry Hickman, 300 West Dexter, has been forwarded to the Zoning Board of Adjustments for the City of College Station. The Board will consider the request for a reheari ng at their meeting of August 14, 1979, in the Councfl Chamoers at Cfty ·Hall in College Station, 7:00 p.m. \=,~-~ James M. Callaway Zoning Official JMC: lg cc: Mr. Larry Hickman -Ir - ;f , . 1! I I ,/ J; Ii-i-.: . ( J /! /! l i: i ti l ;,' ,_, .. · J ;· :~ I J -_, ---~- ITEM #3 ~®ITDU®© [}{]@~©~®([ 9 &[f@[fuo~®©~ ~~@ll Li®~®© &W®ffilM® ©@~~@~® ®~®~o@mi9 u~ uu®~© ~&[[@® u ll~] ®®~ ~ll u® Mr. Bill Koehler, Building Official City of College Station College Station, Texas 77840 Subject: C. E. Pat Olsen Residence 409 Dexter College Station, Texas 77840 Dear Mr. Koehler: In reference to the above noted project, we respectfully request a decision on the feasibility of obtaining a building permit if the proposed structure is located on the property as shown on the attached site plan . Since the location of the structure is questionable; it would be impractical to submit a complete design at this time. We realize that the rear building line does not conform to the present zoning ordinance. Howe v er, it is the opinion of the owner, the architect, and the contractor that this project will not be contrary to the public interest. We are proposing to build the garage portion of the residence in the same location as the original garage which was razed in July of this year. We are proposing to utilize the e x isting drive area and e x isting curb cut on Burt Street. This project has several unique conditions to be considered. First, the proposed rear building line will be the same as that found on the surrounding residences . Second, the existing alley will remain for access to the rear of the residences in the immediate area . Finally, the proposed project will enhance the existing neighborhood by helping revitalize one of College Station's oldest subdivisions. We would appreciate a decision on the feasibility of this project as soon as possible. Sin'\'rely, ~ ~-. -4 a;t:= James Holster, AIA July Jl, 19 79 JEH/nbh ZONI NG BOARD OF ADJ USTME NT F I LE NO . ---- Name of Applica n t C. E. Olsen Mailing Ad dress P. 0. Box 5 , _Qlifi_Qlh_Texas 766J4 Phone (817) 675-8644 ~ Lo c ation : ~ cfLot 11&12 Block 21 Subdivi sion Coll~e Park De scription , If applic a bl e Mr. Olsen's property q_onsists of the South half of Lot 11, Block 2 1 and the North half of Lot 12, Block 21. =-::.--=-=.:;_;;;~=------ Action r e que st e d: A v~~ance __ J n the 2~ar: setbac~ __ line_r?quired _Qy ordinance. - NAME ADDRESS (From current tax rolls, College Station Tax Asses s or) George B. Hensarling, 505 De x ter St. C.S. Alice S. Garner, 401 De x ter. C. S. John G. Otts, P.O. Box 1122, C.S~·---------------~-~· Ohannes Ekndyan, 202 Suffock, C.S. Michael Hoelscher, 204 Suffock, C.S. Phillip B. Goode, Drawer DT, C.S. Sandra Datshko v sky, 212 Suffolk, C.S. A.C. MaGee, 301 Suffolk, C.S. Miss Caroline Mitchell, 216 Suf~f~o~l~k~-c~·~Si·~~-----~---~-~~ Floyd Manning, 107 Suffolk, C.S. Frank S. Da v is, J06 Suffolk, C.S. John Holcomb, 311 Suffolk, C.S. Gerald Collins, 310 Suffolk. C.S. Gloria Lefner, 305 Dexter, C.S. John B. Smith, 121 Gnarled Hollow, Setauket, N.Y., 11733 Bardin Nelson, P.O. Box 1465, C.S. J. Gordon Gay, 201 Suffolk, C.S. P. J. Mims, 5 01 S. De x ter, C.S. Timothy Keneipp, 203 Suffolk, C.S. Wm. Lo v eless, 215 Suffolk, C.S. C'arl E. Shafer, 207 Suffolk, C. S. Joseph McGraw, 211 Suffolk, C.S. ZONING BOARD OF ADJUSTMENT FILE NO. Present zoning of land in question R-1 ~~~~~~~~~~~~~~~~~~~~~~~~- Section of ordinance from which variance is sought 6-G. 2. Rear Yard Req_' d. The following specific variation from the ordinance is requested: (See attached plat.) Location of the garage to be placed in the same location as the razed garage. The proposed new garage is to be 3'-0" from the rear property line. This variance is necessary due to the following unique and special conditions of the land n o t found in like districts: Existing drive and curb cut remain from original structure. Existing landscaping, trees and shrubs are situated for old driveway condition. Strict enforcement of the zoning ordinance would result in an unnecessary .hardship for the owner. The following alt e rnatives to the requested variance are possible: This vaxiance will not be contrary to the public interest by virtue of the following f~ct~: (1) An existing alley of 13'-0" wide insures adequate rear yard separation as well as access to the strllctllres in the immedjate area. OVER The facts stated by me in this application are true and correct. Applicant Date (2) Existing structures -in the area including the razed structure on Mr. Olsen's lot were built up to rear property lines because present zoning restrictions did not apply when the area was origi- nally de v eloped. (3) The new single family residence and garage will enhance the e x isting neighborhood _ in terms of property v alue and esthetics. ZONING BOARD OF ADJUSThENI' FILE :NO. REVIEW AND CO:M>IBNI': Building Official REVIEW AND COMMENI': Fire Marshall REVIEW AND COM1ENI': City Engineer DATE SET FOR HEARING --------------------------- ADJOINERS NOTIFIED --MAILING DATE --------------------- ... , Th e Zoning Board of Adjustrrent has examined the f a cts pre sented herein and r e flected in the minutes of the public rre eting o f and have de tennined that the ~~~~~~~~~~~~~~~~ reque sted variance ( IS I IS NOT ) contrary to the public intere st and that unique and special conditions ( ro / 00 Nor exist as staed herein and as refle cted in the minute s of the Board's proceedings and the variance as reque sted herein ( IS/ IS IDT ) approved subject to the follCMing terms and conditions: Chairperson -Date . zoning Board of Adjustment NOTE : Any person or persons or any taxpayer or any officer, department, board, corrmission or committee of the City , j ointly or several ly , aggrieved by any decision of the Board of Adjustment, may present to a court of record a petition, v erified, setting forth that such decision is illegal, in whole or i n part, specifying the grounds of the ill egality . Such petition shall be presented to the c ourt within ten (10) days after the f iling o f t he decision in the off ice of the Board . -• J . I ITEM #4 /; 1 f"\ I 1 I ... " \--\ ·~ e\ \ I -----------·----------· . ------··-----------------· --·1 ITEM #5 ·-- ZONING BOARD OF ADJUSTMENT FILE NO. Richard Smith Hailing Address _____ 8_1_9_T_e_x_a_s_A_v_e_n_u_e_,_c_o_l_l_e_g_e_S_t_a_t_i_o_n_,_T_e_x_a_s __ 7_7_8_4_0 __ _ 846-3743 -Location: Pt Lot 1 ----Block ---=1-Subdivision D. A. Smith Description, If applicable ---------------------------- Action requested: __ P_e_r_m_i~s~s_i_o_n __ t7o_...p_l_a~c-'-e_l_1~·g~h--.t~i_n_g,_o_n _ _;.e_x_1_.s;:__t_i_n_g,__s::....:::..ig-'-'n----- (~ee-~w ~tLe-tLk.) NAME ADDRESS (From current tax rolls, College Station Tax Ass essor) Mobil Oil Corp., P. 0. Box 900, Dallas, Tx 75221 John J. Bravenec, 2511 Roundtree, Bryan, Tx 77801 Area Progress Corporation, P. 0. Box AF, College Station, Tx 77840 W. B. Roman, Jr., 2701 Osler Blvd. Br y an, Tx 77801 Robert M. Tatum, 2701 West Lane, Houston, Tx 77027 T; O. Walton, 903 Highway 6 South, College Station, Tx 77840 Homer B. Adams, P. O. Box 1852, College Station, Tx 77840 ZO NING BOARD OF ADJUS TME NT FILE NO. Pres e nt zonin g of land in q ues t i on _(~-~\~~~<-r~~~~rV~·~~C~a~!Vl~~N\~~--<~L-·~\-~~\~~~~~~~ Section of ordinance from which variance i s sough t 8--SJ -b : $"" -"\:) 'l ) The following sp e cifi_c: vari,a tiou/rom th e . ordina nce is. r eques t e d: This requ~st does no"t in and of 1 tseJ. con st i tu te a var ia tlon. I arn r eques tn1g permission to place lighting on a sign which was originally installed under a variance. Since this s ig11 was orig i11ally ins Lal led under a variance, any alterations must be reviewed by this Board . This variance is n e c e ssa ry due to the following unique and specia l cond i tions of the land not found in like di s t r icts: This tract of land was built upon in the 1940's . The building was placed near the · right-of-wa y as was the custom in tho s e da y s. Other businesses in the area also built near the ROW and erected signs . Therefore , the placement of the sign was controlled by the None This va~i a nce will not be contrary to the public interest by virtue of the following f ~cts: The sign lighting will be soft fluorescent and will actu a lly enhance the area by providing security lighting where no ne exists. The corner of Lincoln and Texas is now very dark and this lighting will help the situation. Th e facts stated by me in this ap plication are true and corre ct . I Applicant Date ZONING BOARD OF ADJUSTMEN~ FILE NO. REVIEW AND COMvIENI': Building Official REVIEW AND COM:vlENI': Fire Marshall REVIKW AND COM1ENI': City Engineer DATE SET FOR HEARING ------------~-------------~ ADJOINERS NOTIFIED --MAILING DATE --------------------- The Zoning Board of Adjusbrent has examined the facts presented herein and reflected in the minutes of the public rree ting of and have detennined that the ~~~~-~~~~~~~~~~~ requested variance ( IS / IS NOT ) contrary to the public interest and that unique and special conditions ( D3 / 00 NOT ) exist as stq.ed herein and as reflected in the minutes of the Board's proceedings and the variance as requested herein ( IS/ IS IDT ) approved subject to the follONing tenns and conditions: Chairperson -Date . Zoning Beard of Adjusbnent NOTE : Any person or persons or any taxpayer or any officer, department, board, conmission or committee of the City, jointly or severally, aggrieved by any decision o f the Board of Adjustment, may present to a court of record a petition, v erified, setting forth that such decision is il l egal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board. 3743 SOUTH TEXAS AVENUE, BRYAN, TEXAS 77801 , (713) 846-3743 ~~ ""HMt~ ~.w •'m jla(: f-4Htl) ~ ~~1?>«. ~Vll..T>E't 'D0£1..oj>£2,. Lt6tt=r ~ m. Property Sales • Commercial Leases • Management • Marketing ll!i) Mis