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HomeMy WebLinkAbout135 Regular Meeting 10.16.79AGENDA City of College Station Zoning Board of Adjustment October 16, 1979 7:00 p.m. 1. Approval of minutes, meetings of August 14, and September 10, 1979. 2. Consideration of a request for a variance in the name of Mr. John Paul Jones, 405 University Drive. 3. Consideration of a request for the .expansion of a non- conforming use in the name of Dr. Larry Hickman, 300 W. Dexter . City of College Station POST OFFICE BOX 9960 I 10 I TEXAS AVENUE COLLEGE STATION, TEXAS 77840 MEMORANDUM ~ TO: Zoning Board of Adjustment \~ FROM: Jim Callaway, Zoning Official ~ SUBJECT: Agenda Items for October 16, 1979 Agenda Item No. 2 -Consideration of a request for a variance from Mr. John Paul Jones -Mr. Jones request for a variance is all but identical to his last request. I have agreed to forward this request to the Board due to the following: 1. Mr. Jones stated his desire to correct "erroneous" testimony from previous hearings. 2. Mr. Jones stated that he will propose an alternative layout for his business (interior layout) which will reduce his parking needs. 3. Mr. Jones stated that he will attempt to present additional evidence from the Alcoholic Beverage Commission. Agenda Item No. 3 -Consideration of a request for the expansion of a non-conforming use in the name of Dr. Larry Hickman -Dr. Hickman has prepared an alternative proposal concerning his outdoors expansion for the Board's consideration. He should be able to fully explain this proposal at the meeting. ( 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 mu .st 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 motion •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 riotification. The motion was seconded by Bailey and passed unanimously. Agenda Item No. 4 --Consideration of a request for a variance in the name of Mr. John Paul Jones, 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.· _Jii ·his request Jones made the follo*ing 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, _and 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. ~r. 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 pa~king requirement should be waived. Harper replied available with regards to providing solutions to 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 priv~te parking within the 200 foot requirement of the ordinance. The motion was seconde9 __ 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. ( ( MINUTES 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 Zoning Board of Adjustment September 10, 1979 MEMBERS PRESENT: Chairman Harper, Mathewson, Bailey, Jones Boughton, Burke MEMBERS ABSENT: Dubois STAFF MEMBERS PRESENT: Zoning Official Callaway, Building Official Koehler, Planning Assistant Longley, City Attorney Lewis Agenda Item #1 --Consideration of a request for the expansion of a non-conforming structure in the name of Minnie Smith Todd, 609 Maryem. Mr. Wayne Todd expressed his desire to expand the house to 609 Maryem. Zoning Official Callaway explained that a non-conforming structure existed on the lot at 609 Maryem but the principal structure and the proposed expansion met all requirements of the Zoning Ordinance. Mathewson stated that the Board had determined that a plat be sub- mitted locating all buildings on the site when non-conforming structure was involved. Callaway replied that it was his inter- pretation that this policy only involved situations where property line locations were questioned. Mathewson asked if any neighbors had made objections to the request. Callaway replied that no obj.ections had been received. Chairman Harper stated that the Board had not established any pOlicy which would require all drawings submitted to be prepared by a surveyor. Callaway replied that the board had requested the prep- aration of site plans by a surveyor in cases where the information submitted by a property owner was challenged by others. Chairman Harper moved that the expansion of a non-conforming structure of 609 Maryem be permitted as this would not increase the existing non-conforming or prevent the structure from returning to conformity. Mathewson seconded and the motion passed unanimously. ( MINUTES September 10, 1979 Agenda Item #2 --Consideration of a request for a variance in the name of c. E. Olsen, 409 Dexter. Mr. Jim Holster presented the request for a variance to the board on behalf of Mr. C. E. Olsen, Holster explained the modifications made to the orginal request for a variance so as to provide 25 foot setback from the adjacent lot owned by Ms. Caroline Mitchell and forwarded a letter from Ms. Mitchell to the board. 2 Chairman Harper read Ms. Mitchell's letter to the Board. In said letter, Ms. Mitchell expressed no objections to Mr. Olsen's request, provided that approval of the request would in no way affect the use of her property. Harper stated that in his opinion the request before the board provided an acceptable setback at that location\ Mathewson inquired as to the reasons for the request. Holster related Mr. Olsen~s desires to provide a separation between the house and garage and to save existing trees. Mathewson stated that the site under consideration was larger than the minimum lot required and could be utilized in compliance with the Zoning Ordinance. Harper stated that the request was com- patible with the existing pattern of land use in that area. Mathewson restated that the site, being cleared, could comply with the Zoning Ordinance. Mr. Tim Kenneip, a resident of the neighborhood, related the history of the neighborhood and stated that the requirements, of the Zoning Ordinance were more appropriate for new developments. Chairman Harper moved to approve the request for a variance in the name of c. E. Olsen, permitting a structure to be built within 17 feet 7 1/2 inches from the existing alley as this is not contrary to the public interest and due to the unique circumstance of existing rear garages in the neighborhood. Bailey seconded the motion, which was approved by unanimous vote. Burke recommended investigation into non-conforming uses in such areas and that the Planning and Zoning Commission investigate the possibility of addressing problems through ordinance revision. Agenda Item #3 --Reconsideration of a request for the expansion of a non-conforming use in the name of Larry Hickman, 300 West Dexter. Chairman Harper gave background information concerning the past actions of the Board with regards to this request. John Hawtrey, attorney for Larry Hickman, presented excerpt, from Ordinance 850, the Zoning Ordinance for the City of College Station. Hawtrey related past events which led to Mr. Hickman's original request previously denied by the Board. ( MINUTES .Se p tember 10, 1979 1. Mr. Hickman's structure is a non-conforming use; 2. A use permit authorizing said non-conforming use was granted upon adoption of Ordinance 850; 3. The Board does have the authority to revoke such a use permit, but that is not the question currently before the board; 4. The Zoning Ordinance regulates modifications of non-conforming uses under Sec. 4-C; and that Sec. 4 and Sec. 11 do not accurately correspond. 3 Hawtrey further stated that the Zoning Ordinance gave the Building Official some degree of responsibility in determining when building permits will be issued in conjunction with non-conforming uses, and whether such building permits would require action by the Board. Hawtrey conclnded by stating that there was no necessity for referring Mr. Hickman's request to the Board. City Attorney Lewis responded to Mr. Hawtrey's points stating that Hawtrey's arguments raised a legitimate question for the Board to address. Lewis further stated that the City was not attempting to discontinue Mr. Hickmants Use Permit but Mr. Hickman was attempting to amend his permit and that the language of Sec. 4-C, Ordinance 850 is broad enough to reconcile the instances where the language of the various sections were unclear. Mathewson stated that the Board had the authority to authorize the extension of a non-conforming use if the enlargement met the require- ments of Sec. 11 and that the issue in question should have come to the Board, that the question to be addressed is the necessity of the extension and whether or not it is incidental to the existing use of the building. Hawtrey stated that Mr. Hickman's request did not constitute an enlargement, but was an addition and did not increase floor area. ,,.-- Mathewson disagreed with that definition with regards to the deck addition. Chairman Harper stated that the Zoning Ordinance addressed the building area of the lot and defined a building. Hawtrey restated that Mr. Hickman's request was not an enlargement of a building devoted to a non-conforming use, and should not have been referred to the .Board. Mathewson inquired as to how this case orginally came before the Board. Zoning Official Callaway related the events that led to the original request and added that he could not approve Dr. Hickman's Building Permit without approval of the Board, unless the Board found otherwise. / ( MINUTES ·Se p tember 10, 1979 Chairman Harper invited comments from any interested parties. Mathewson suggested that the Board review the advice of both councils to determine whether or not the Board had authority in this matter and the Zoning Official and the Building Official acted properly in referring this matter to the Board, and that the definition of floor space should be determined. Mathewson moved that the Board find that the Zoning Official and Building Official acted properly in referring this matter to the Board under Sec. 4-C, Ordinance 850 and that the Board had the authority in the question of the deck and the granting of its building permit. The motion was seconded by Burke and passed unanimously. Harper moved that the Board find that the Board authority under Sec. 4-C and that the Zoning Official and the Building Official acted pro9 erly in the attic. The motion was seconded b y Jones and passed unanimously. Chairman Harper suggested that the Board reexamine the issue of request for an enlargement. Hawtrey requested that the Boa r d issue a Use Permit for the enlargement of a building devoted to a non- conforming use, such extension being necessary and inc i denta l · to such use of the building, does not increase the area of the building devoted to a non-conforming use by more than 25 % and does not prolong the life of the non-conforming use and does not prevent the return of such building to a conforming use. The request was broken into two parts: 1. The addition of insulation, flooring, and ventilation to the attic. 2 . The addition of a deck and balcony. Jones i n q uired as to whether or not the Board should re c on s ide r a request which had previously been denied. Hawtrey stated that the original request was an appeal to the decision to require a permit for the additions completed and tl}a~ the appropriate action would be to .now hear the reques.t. Callaway suggested the the Board determine whether or not the Board desired to rehear the case. Mr. Hawtrey restated that an actual request for a Use Permit had not formally been made. Chairman Harper moved that the Board reconsider its previous decision to deny permission to enlarge a non-conforming use at 300 w. Dexter. The motion was seconded by Mathewson. Jones inquired as to whether or not the additions requested or the feelings of the neighborhood had changed since the first time this issue came before the Board. 4 ( MINUTES Sentember 10, 1979 5 • Jim Basset spoke in favor of the request. Hawtrey stated that much of the discussion at the previous con- sideration was not relevant to the question of the deck, attic flooring, and ventilation. Lambert Nilkes stated that the work undertaken increased the floor space of the structure. Duanne Cofe stated that the structure had been extended, and that such extension undertaken without a Building Permit had been a practice at that location in tfie past. He stated that his opposition to the proposal with regards to the attic modification would be withdrawn if Dr. Hickman removed certain structures from the site. Mrs. Lambert Wilkes stated that she represented others in the neighborhood in saying that the requested additions would not be an improvement in the neighborhood. Chairman Harper pointed out that liking or disliking the appearance of the structure was not an appropriate consideration for the Board. \ Chairman Har~er called for the question and the motion before the Board passed by the following vote: For: Harper, Mathewson, Bailey, Burke, Boughton Opposed: Jones Chairman Harper stated that hi.s original opposition to the request was· due to his· concern of a · possi.ble intent to use the attic for purposes of adding habitable space, but that this concern was probable inaccurate, but that he was still concerned about the bulk added by the decks-. Hatrey stated that the Board could place restric::::tions upon the,,.Use Permit granted for any extension. Chairman Harper moved to approve the modifications to the attic, including the additions of approximately 200 square feet of windows and adding flooring under the following conditions; 1. Use of such space shall be used for plant growth and storage space. 2. No habitable rooms or structures shall be constructed. 3. The external greenhouse shall be removed in 180 days. Dr. Richman expressed that the attic was not for residential use. The motion was seconded by Bailey and passed by unanimously. ( ( MINUTES ~e~tembe r 10, 1979 6 Chairman Harpe r moved that a use permit for a 30 square foot balcony at the attic level for the sole purpose of providing an outdoors area for plants. Mathewson seconded the motion which failed by the following vote; For: Opposed: Abstaining: Mathewson Harper, Baily, Boughton, Jones Burke Chairman Harper moved to grant up to a 25 % extension of the second floor with a deck on the basis that it is necessary and incedental to the use of the ~xisting structure. Several members of the audience questioned the necessity of the · second floor deck. Hawtrey replied stating that the second floor apartment was entitled to outdoor living space. Mrs. Lambert Wilkes restated that she spoke for several property owners in saying that the deck was not an improvement to the neighborhood. Hawtrey inquired as to whether those in opposition were absentee owners or residents of the neighborhood. Mrs . Wilkes replied that she was a property owner, but that the Spriggs, Adams, and Vroomans, were residents. Mr Basset stated as a resi- dent•.,that the improvements made to the structure were i mprovements •to the neighborhood relative to past conditions at that site. Mathewson pointed out that the deck included 384 square feet while the second floor included 1176, which would only allow an extension of 293.5 square feet, if the second floor were to be the basis for justification. Harper pointed out that ground area coverage should be use as justification. Chairman Harper amended · his motion to include "the deck as built". Mathewson seconded the motion which failed unanimously. Mathewson stated that he would have voted in support of a smaller deck. Chairman Harper concurred, as .did Burke, Boughton, with Jones uncertain and Bailey reserving comments. Following questions from the audience Harper stated that the Board would not consider any proposals which did not represent a substantial change from the porposal previously denied. Agenda Item #4 --Consideration of a request for a variance in the name of .John Paul Jones, 405 University Drive. Mr. Tim Keneipp presented a history of the actions taken in pre- paring documentation for a Building Permit for the proposed Corner Pocket, University Drive. He further addressed the problems with meeting the parking requirements of the Zoning Ordinance within the Northgate area, the need for a spirit of cooperation in addressing this problem, and efforts underway be Northgate Merchants to address this parking problem. Burke related recent problems she had experienced in attempting \ MINUTES · Septem ber 10, 1979 7 in attempting to park in the Northgate area. Mr. John Paul Jones address e d the Board with regards to the need for a varianc e . He pointed out that the hours of operation of his proposed business differed from those of nearby businesses. That he has observed parking available in the vicinity of his site, and that the location and nature of his proposed business would not contribute to the Northgate parking congestion. Efforts taken to address the parking problem were described as: 1. Efforts to obtain additional police personnel for patroling the Northgate area. 2. The formation of a legal entity to address the overall Northgate parking problem. . 3. Working with the City and other Northgate merchant s to develop a parking area located behing Lciupot's. 4. Leasing a lot for the operation of a parking lot. Bailey inquired as to the distance from the lot behind Luopot's to the proposed Corner Pocket. Mr. Jones replied that this distance is approx imately 350 f eet , and that his request for a variance was for a variance from the requirements that such parking be within 200 feet and under the same ownership as the proposed place of business. Callaway related City Planner Mayo's comments regarding his concern over whether or not customers of the Corner Pocket would utilize the parking lot proposed at Church and First Streets, but that any parking problems created by the Corner Pocket should be off- set by this lot. Chairma n Harper and Mr. Tim ¥enneip stated that this represented Mayo's opinion. Bailey disagreed, stating that granting such a variance would compound the existing parking problems. Mathewson desagreed with Bailey, stating that the parking problem was Northgates loss, that a large number of potential custo~ers were within walking distance, and that the change of use would not adversely affect the Northgate problem. Callaway restated the ordinance requirements and the need for a variance in order to grant a Building Permit. Mr. Jones stated that if a variance was necessary that an ordinance amendment might be in order. Jim Berry, President of the Northgate Merchants Association, con- curred with Mr. Jones remarks concerning efforts of the merchants to address parking problems, relating the history of these efforts and efforts taken to work with the City in addressing these problems. ---------- ( \_ MINUTE.S §eptember lQ, 1979 8 Mr. Jones restated his request for a variance. The need for such variance, and his efforts to provide off-street parking. Chairman Harper moved that the variance be grant~d, with off-street parking to be provided in either or both of the proposed parking lots. The motion was seconded by Mathewson. Bailey inquired as to how many alternate Board members should vote on the motion before the Board. Chairman Harper appointed Boughton to vote on the motion. A representative of the A & M United Methodist Church spoke in opposition to the variance, stating that patrons of the Corner Pocket would utilize church parking facilities. Ms. Jones inquired as to whether or not the proposed business would operate on Sunday and what the hours of operation would be. Mr. Jones replied, stating that this would depend upon the economics of Sunday operations. The granting of the variance failed by the following vote: For: Apposed: Harper, Boughton, Mathewson Bailey, Jones Tim Kenniep expressed a need for a spirit of cooperation in address- ing Northgate problems. Harper expressed a concern over denying the use of the land in question. Bailey stated that the Planning and Zoning Commission and the City Council should address the Northgate problem. ZONI NG BOARD OF ADJUSTMENT FILE NO. ---- Name of Applicant -~J~o~h~n~~P~a~u~l=---:J~o~n~e~si-----'------------------- Hailing Address -~P_.~C~·~·_!..:::B~o~xo........9~0~6~9~,__'::C~o~l~l~e~~~e~S~t~a~t~i~o~n~,--'T~~e~x~a~s--1...7~?~8~.u~.O>!_ _____ ~ Phone 779-7916 Location: Elock 2 Subdivision Boyett Descriptioil, If applicable Bu ilding is located on the northeast corner"---- of the intersection of University Drive and Colle ge Ma in Action requested: Applic~nt requests a variance be i:rranted . NAME ADDRESS (From current tax rolls, College Station Tax Assessor) Howard, Kanne Shelw. · % Joel W. Howard, P.O. 1 ·54, Osceola, Ark . 7237Q__,_ Shelton, Fred. 3107 N. Haskell. Dallas. Tx....2-52-0~4::L-~~~~~-.~~~~~ Sorrels, Hornak & Hornak, 4660 Bee chnut U228. Houston~. 77096 Holick, W. Jonnie, 308 Tee Dr •• Brvan, Tx. 77801 Lipscomb, Carolyn W., Lipscomb Tr. 100 Lee St •. College Station, Tx Mitchell, A. Est. 96 H. Mi tchell, 107 Pershing, Co l lege Sta ti on /'Tx .M artin, Helen S., Boxx 2, ColleR;e StationJ'----'Tx~~·-------------- Boyett, O.H. % L.B. Vance, Horseshoe Bay Box 7 80 7, Marble Fa lls, Tx Vance, L.B., Horseshoe Bay Box 7807, Marble Falls, Tx. 78654 Bryan, Ronald, 1813 Shadowood, Colle~e Station. Tx:. A&M Methodist, 417 University Dr., Collei::i:e Station, Tx. Lauterstein, J.B. Est.% Glenda Alter Ina. Exec., 153 Rilla Vista Dr. San Antonio, Tx. 78216 ---~--------------------'--~----........ · ZO ['ING BOA..W OF ADJUSTMENT FILE NO. Present zoning of land in question -=C_-~1:..__;G~e~n~.--'C~o~mo!!..!.!.;m~e~r~.c~i~a~l,__~~~~~~~~~~~ Section of ordinance from which variance is sought 7-B Off street parking The following specific variation from the ordinance is requested: Applicant requests that off street parkln~ be approved although thi_s~ parkinp; is not under same ownership anQ,~±11 be located a little over 200 ft. from his place of business. This variance is necessary due to the following unique and special conditions of th~ land not .found in like districts: There ls no snace available within 200 ft. The following alternatives to the requested variance are possible: ~~~~-·-~~ The parkinp; snaces which have ·been ·procured are the alternative to 7-B and ~onstitute a positive step toward alleviating the parking problem at North Gate. This variance will not be contrary to the public interest by virtue of the following ' ,,-- facts: 1. We will take in some of the spillover from the congec::+ea area . . '. down the street. 2. We will serve beer Jn mu¢s that will remain 1ns1de. 3. We will open on Sundays onlv for late hours if at all. 4-The parkin~ we will provtde will more than offset our seating-capac1tv application are true and correct. October S. 1979 Date ZONING BOARD OF ADJUSTMENI' FILE NO. REVIEW A.ND OOM1ENI': Building Official REVIEW AND CXJM.1ENI': Fire Marshall REVIEW Al.'ID COM1ENI': ·City Engineer DATE SET FOR HEARING ~~~~~~~~~~~~~~~~~~~~~~~~~~ ADJOINERS NOTIFIED --MAILING DATE ~~~~~~~~~~~~~~~~~~~~ l The Zoning Board of Adjustrrent has e.xarnined the facts presented herein and reflected in the minutes of the public rreeting of and have determined that the ~~~~~~~~~~~~~~~ requested variance ( IS I IS l\UI' ) contrary to the public . i...1terest and .that unique and special conditions ( 00 / Po NOT ).. exist as staed herein and as reflected in the minutes of the Board's proceedings and the variance as requested herein ( IS / _-:-.IS NYr"} approved subject to the folla.ving tenns and conditions: Chciirpe.rson Da:te .Zoning Board of Adjustment NOTE: Any person or persons · or any taxpayer or any officer~: department, board, corronission or corronittee of the City, jointly or severally, aggrieved by any decision of the Board of Adjustment, may present to a court of record a petition, verified, setting forth . that such decision is illegal, 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. October 5, 1979 Zoning Board of Adjustment City of College Station City Hall College Station, Texas 77840 Ladies and Gentlemen: This letter is a request for a hearing on the matter of proposed exterior decks at 300 W. Dexter. s7~ Larry Hickman 300 West Dexter College Station, Texas fd1.~~ ?a?~.~~ ~ f LC/<ft/11./ ( MINUTES Zoning Board of Adjustment September 10, 1979 MEMBERS PRESENT: Chairman Harper, Mathewson, Bailey, Jones Boughton, Burke MEMBERS ABSENT: Dubois STAFF MEMBERS PRESENT: Zoning Official Callaway, Building Official Koehler, Planning Assistant Longley, City Attorney Lewis Agenda Item #1 --Consideration of a request for the expansion of a non-conforming structure in the name of Minnie Smith Todd, 609 Maryem. Mr. Wayne Todd expressed his desire to expand the house to 609 Maryem. Zoning Official Callaway explained that a non-conforming structure existed on the lot at 609 Maryem but the principal structure and the proposed e x pansion met all requirements of the Zoning Ordinance. Mathewson stated that the Board had determined that a plat be sub- mitted locating all buildings on the site when non-conforming structure was involved. Callaway replied that it was his inter- pretation that this policy only involved situations where property line locations were questioned. Mathewson asked if any neighbors had made objections to the request. Callaway replied that no obj.ections had been received. Chairman Harper stated that the Board had not established any pOlicy which would require all drawings submitted to be prepared by a surveyor. Callaway replied that the board had requested the prep- aration of site plans by a surveyor in cases where the information submitted by a property owner was challenged by others. Chairman Harper moved that •the expansion of a non-conforming structure of 609 Maryem be permitted as this would not increase the existing non-conforming or prevent the structure from returning to conformity. Mathewson seconded and the motion passed unanimously. -. -· ---. ----~ MIN _UTES September 10, 1979 ( Agenda Item #2 --Consideration of a request for a variance in the name of C. E. Olsen, 409 De x ter. Mr. Jim Holster presented the request for a variance to the board on behalf of Mr. C. E. Olsen, Bdlster explained the modifications made to the orginal request for a variance so as to provide 25 foot setback from the adjacent lot owned by Ms. Caroline Mitchell and forwarded a letter from Ms. Mitchell to the board. 2 Chairman Harper read Ms. Mitchell's letter to the Board. In said letter, Ms. Mitchell expressed no objections to Mr. Olsen's request, provided that approval of the request would in no way affect the use of her property. Harper stated that in his opinion the request before the board provided an acceptable setback at that location\ Mathewson inquired as to the reasons for the request. Holster related Mr. Olsents desires to provide a separation between the house and garage and to save existing trees. Mathewson stated that the site under consideration was larger than the minimum lot required and could be utilized in compliance with the Zoning Ordinance. Harper stated that the request was com- patible with the existing pattern of land use in that area. Mathewson restat~d that the site, being cleared, could comply with the Zoning Ordinance. ( \ Mr. Tim Kenneip, a resident of the neighborhood, related the history of the neighborhood and stated that the requirements, of the Zoning Ordinance were more appropriate for new developments. ; Chairman Harper moved to approve the request for a variance in the name of c. E. Olsen, permitting a structure to be built within 17 feet 7 1/2 inches from the existing alley as this is not contrary to the public interest and due to the unique circumstance of existing rear garages in the neighborhood. Bailey seconded the motion, which was approved by unanimous vote. Burke recommended investigation into non-conforming uses in such areas and that the Planning and Zoning Commission investigate the possibility of addressing problems through ordinance revision. · Agenda Item #3 --Reconsideration of a request for the expansion of a .non-conforming use in the name Of Larry Hicikman, 300 West Dexter. Chairman Harper gave background information concerning the past actions of the Board with regards to this request. John Hawtrey, attorney for Larry Hickman, presented excerpt, from Ordinance 850, the Zoning Ordinance for the City of College Station. Hawtrey related past events which led to Mr. Hickman's ori~inal request previously denied by the Board. -UINUTES September 10, 1979 1. Mr. Hickman's structure is a non-conforming use; 2. A use permit authorizing said non-conforming use was granted upon adoption of Ordinance 850; 3. The Board does have the authority to revoke such a use permit, but that is not the question currently before the board; 4. The Zoning Ordinance regulates modifications of non-conforming uses under Sec. 4-C; and that Sec. 4 and Sec. 11 do not accurately correspond. 3 Hawtrey further stated that the Zoning Ordinance gave the Building Official some degree of responsibility in determining when building permits will be issued in conjunction with non-conforming uses, and whether such building permits would require action by the Board. Hawtrey concll:nded by stating that there was no necessity for referring Mr .. Hickman's request to the Board .. City Attorney Lewis responded to Mr. Hawtrey's points stating that Hawtrey's arguments raised a legitimate question for the Board to address. Lewis further stated that the City was not attempting to discontinue Mr. Hickmants Use Permit but Mr. Hickman was attempting .to amend his permit and that the language of Sec. 4-C, Ordinance 850 is broad enough to reconcile tne instances where the language of the various sections were unclear. Mathewson stated that the Board had the authority to authorize the extension of a non-conforming use if the enlargement met the require- ments of Sec. 11 and that the issue in question should have come to the Board, that the question to be addressed is the necessity of the extension and whether or not it is incidental to the existing use of the building. · · · · Hawtrey stated that Mr. Hickman ts request did not constitute an enlargement, but was an addition and did not increase floor area. ,,--- Ma thews on disagreed with that definition with regards to the deck addition. Chairman Harper stated that the Zoning Ordinance addressed the building area of the lot and defined a building. Hawtrey restated that Mr. Hickman's request was not an enlargement of a building devoted to a non-conforming use, and should not have been referred to the Board. Mathewson inquired as to how this case orginally came before the Board. Zoning Official Callaway related the events that led to the original request and added that he could not approve Dr. Hickman's Building Permit without approval of the Board, unless the Board found otherwise. }UNUTES ·September 10, 1979 Chairman Harper invited comments from any interested parties. Mathewson suggested that the Board review the advice of both councils to determine whether or not the Board had authority in this matter and the Zoning Official and the Building Official acted properly in referring this matter to the Board, and that the definition of floor space should be determined. Mathewson moved that the Board find that the Zoning Official and Building Official acted properly in referring this matter to the Board under Sec. 4-C, Ordinance 850 and that the Board had the authority in the question of the deck and the granting of its building permit. The motion was seconded by Burke and passed unanimously. Harper moved that the Board find that the Board authority under Sec. 4-C and that the Zoning Official and the Building Official acted pro~erly in the attic. The motion was seconded by Jones and passed unanimously. Chairman Harper suggested that the Board reexamine the issue of request for an enlargement. Hawtrey requested that the Board issue a Use Permit for the enlargement of a building devoted to a non- conforming use, such extension being necessary and incidental · to such use of the building, does not increase the area of the building devoted to a non-conforming use by more than 25% and does not prolong r ·the life of the non-conforming use and does not prevent the return \. of such building to a conforming use. The request was broken into two parts: 1. The addition of insulation, flooring, and ventilation to the attic. 2. The addition of a deck and balcony. Jones inquired as to wh_ether or not the Board should reconsider a request which had previously been denied. Hawtrey stated that the original request was an appeal to the decision to require a permit for the additions completed and that the appropriate action would be to now hear the request. Callaway suggested the the Board determine whether or not the Board desired to rehear the case. Mr. Hawtrey restated that an actual request for a Use Permit had not formally been made. Chairman Harper moved that the Board reconsider its previous decision to deny permission to enlarge a non-conforming use at 300 w. Dexter. The motion was seconded by Mathewson. Jones inquired as to whether or not the additions requested or the feelings of the neighborhood had changed since the first time this issue came before the Board. 4 I \ I \ MINUTES Seotember 10, 1979 5 Jim Basset spoke in favor of the request. Hawtrey stated that much of the discussion at the previous con- sideration was not relevant to the question of the deck, attic flooring, and ventilation. Lambert Nilkes stated that the work undertaken increased the floor space of the structure. Duanne Cofe stated that the structure had been extended, and that such extension undertaken without a Building Permit had been a practice at tnat location in tne past. He stated that his opposition to the proposal with regards to the attic modification would be withdrawn if Dr. Hickman removed certain structures from the site. Mrs. Lambert Wilkes stated that she represented others in the neighborhood in saying that the requested additions would not be an improvement in the neighborhood. Chairman Harper pointed out that liking or disliking the appearance of the structure was not an appropriate consideration for the Board. --chairman Har:oer called for the question and the motion before the Board passed by the following vote: For: Harper, Mathewson, Bailey, Burke, Boughton Opposed: Jones Chairman Harper stated that h~s original opposition to the request was· due to his concern of a possible intent to use the attic for purposes of adding habitable space, but that this concern was probable inaccurate, but that he was still concerned about the bulk added by the decks-. Hatrey stated that the Board could place restrictions upon the /Use Permit granted for any extension. Chairman Harper moved to approve the modifications to the attic, including the additions of approximately 200 square feet of windows and adding flooring under the following conditions; 1. Use of such space shall be used for plant growth and storage space. 2. No habitable rooms or structures shall be constructed. 3. The external greenhouse shall be removed in 180 days. Dr. Richman expressed that the attic was not for residential use. The motion was seconded by Bailey and passed by unanimously. MThlUTES September 10, 1979 6 Chairman Harper moved that a use permit for a 30 square foot balcony at the attic level for the sole purpose of providing an outdoors area for plants. Mathewson seconded the motion which failed by the following vote; For: Opposed: Abstaining: Mathewson Harper, Baily, Boughton, Jones Burke Chairman Harper moved to grant up to a 25% extension of the second floor with a deck on the basis that it is necessary and incedental to the use of the existing structure . . Several members of the audience questioned the necessity of the · second floor deck. Hawtrey replied stating that the second floor apartment was entitled to outdoor living space . Mrs. Lambert Wilkes restated that she spoke for several property owners in saying that the deck was not an improvement to the neighborhood. Hawtrey inquired as to whether those in opposition were absentee owners or residents of the neighborhood. Mrs. W~lkes replied that she was a property owner, but that the Spriggs, Adams, and Vroomans, were residents. Mr Basset stated as a resi- dent·'that the improvements made to the structure were improvements •to the neighborhood relative to past conditions at that site . .. Mathewson pointed out that the deck included 384 square feet while the second f1oor included 1176, which would only allow an e xt ension of 293.5 square feet, if the second floor were to be the basis for justification. Harper pointed out that ground area coverage should be use as justification. Chairman Harper amended his motion to include "the deck as built". Mathewson seconded the motion which failed unanimously. Mathewson stated that he would have voted in support of a smaller deck. Chairman Harper concurred, as did Burke, Boughton, with Jones uncertain and Bailey reserving comments. _,--- Following questions from the audience Harper stated that the Board would not consider any proposals which did not represent a substantial change from the porposal previously denied. Agenda Item #4 --Consideration of a request for a variance in the name of John Paul Jones, 405 University Drive. Mr. Tim Keneipp presented a history of the actions taken in pre- paring documentation for a Building Permit for the proposed Corner Pocket, University Drive. He further addressed the problems with meeting the parking requirements of the Zoning Ordinance within the Northgate area, the need for a spirit of cooperation in addressing this problem, and efforts underway be Northgate Merchants to address this parking problem. Burke related recent problems she had experienced in attempting MlliUIBS September 10, 1979 7 in attempting to park in the Northgate area. Mr. John Paul Jones addressed the Board with regards to the need for a variance. He pointed out that the hours of operation of his proposed business differed from those of nearby businesses. That he has observed parking available in the vicinity of his site, and that the location and nature of his proposed business would not contribute to the Northgate parking congestion. Efforts taken to address the parking problem were described as: 1. Efforts to obtain additional police personnel for patroling the Northgate area. 2. The formation of a legal entity to address the overall Northgate parking problem. . 3. Working with the City and other Northgate merchants to develop a parking area located behing Loupot's. 4. Leasing a lot for the operation of a parking lot. Bailey inquired as to the distance from the lot behind Luopot's to the proposed Corner Pocket. Mr. Jones replied that this distance is approximately 350 feet, and that his request for a variance was for a variance from the requirements that such parking be within 200 feet and under the same ownership as the proposed place of business. Callaway related City Planner Mayo's comments regarding his concern over whether or not customers of the Corner Pocket would utilize the parking lot proposed at Church and First Streets, but that any parking problems created by the Corner Pocket should be off- set by this lot. Chairman Harper and Mr. Tim Kenneip stated that this represented Mayo's opinion. Bailey disagreed, stating that granting such a variance would compound the existing parking problems. Mathewson desagreed with Bailey, stating that the parking problem was Northgates loss, that a large number of potential custo~ers were within walking distance, and that the change of use would not adversely affect the Northgate problem. Callaway restated the ordinance requirements and the need for a variance in order to grant a Building Permit. Mr. Jones stated that if a variance was necessary that an ordinance amendment might be in order. Jim Berry, President of the Northgate Merchants Association, con- curred with Mr. Jones remarks concerning efforts of the merchants to address parking problems, relating the history of these efforts and efforts taken to work with the City in addressing these problems. • . MINUTE.S September lQ, 1979 8 Mr. Jones restated his request for a variance. The need for such variance, and his efforts to provide off-street parking. Chairman Harper moved that the variance be granted, with off-street parking to be provided in either or both of the proposed parking lots. The motion was seconded by Mathewson. Bailey inquired as to how many alternate Board members should vote on the motion before the Board. Chairman Harper appointed Boughton to vote on the motion. A representative of the A & M United Methodist Church spoke in opposition to the variance, stating that patrons of the Corner Pocket would utilize church parking facilities. Ms. Jones inquired as to whether or not the proposed business would operate on Sunday and what the hours of operation would be. Mr. Jones replied, stating that this would depend upon the economics of Sunday operations. The granting of the variance failed by the following vote: For: Apposed: Harper, Boughton, Mathewson Bailey, Jones Tim Kenniep expressed a need for a spirit of cooperation in address- ing Northgate problems. Harper expressed a concern over denying the use of the land in question. Bailey stated that the Planning and Zoning Commission and the City Council should address the Northgate problem. MIN'UTES 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 mu~t 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 motion 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 in the name of Mr. John Paul Jones, 405 University Drive. Mr. Jones presented his request for a variance to Section 7-B, Ordinance No. 850, Off-Street Parking Required.· :Iii 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 wohld 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 J1is hours of business would differ from the adjacent businesses·, and 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 nusinesses to more intensive uses, thus compounding the existing parking problem. ,, ( MINUTES 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 mig.ht 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 Kriauf stated that the parking problems would be the same for any business that went into that location, and that the pa~king requirement should be waived. Harper replied available with regards to providing solutions to 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 I 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 priv~te parking within the 200 foot requirement of the ordinance. The motion was secondeq_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. ... MJNUTES 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. ZO~:LNG BO . .\RD OF ADJUSTMENT FILE NO. ___ _ Name of Applicant John Paul Jones Nailing Address P . 0. Box 9069. Colle 12:e Sta ti on, Texas 77840 Phone _779-791.-"6 _______ _ Lo;:ation: J .. ot 1t2, -Block 2 Subdivision Boyett Descriptiou~ If applicable B uildin~ is located on the northeast corner of the intersection of University Drive and Colle~e Main Action requested: Applicant requests a variance be granted. NAME ADDRESS . ·' (From current tax rolls, College Station Tax Assessor) Howard, Nanne Shelw. %_Joel W. Howard, P.O. 1S4. Osceola. Ark. 7237o____,_ _§helton, Fred, 3107 N .. Haskell, Dallas. Tx 75204 Sorrels, Hornak & Hornak, 4660 Beechnut 11228, Houston,' _fi~ 77096 _!!click. w. Jonnie, JOB Tee Dr., Bryan~ Tx. 7780f · .. {'. ..... •1 .. ·_... ~.. • . • ·: .~. -. "' . • -: ... ':; -~:-:..: ._... . ... . • "" .l .--• _Lipscom'o, Carolyn W., Linscomb Tr. 100 Lee St.'·, Co.llege Station, Tx .:. -~!;'''*··'; ... • . . . ., .. ,,_ '."' Mitchell, A. Est. r/i H. Mitchell, 107 PershinP:, College Statton ./>·Tx Mart~n. Helen S,, Boxx 2, Colle~e Station, Tx. Boyett, O.H. % L.B. Vance, Horseshoe Bay Box 780?, Marble Falls, Tx Vance, L.B., Horseshoe Bay Box 780?, Marble Falls, Tx. ?8654 Bryan, Ronald, 1813 Shadowood, Colle~e Station. Tx. A&M Methodist, 417 University Dr., Colle12:e Station. Tx. Lauterstein, J.B. Est.% Glenda Alter Ind. Exec., 153 Rilla Vista Dr. San Antonio, Tx. 78216 ZONING BOARD OF ADJUSTMENT FILE NO. Present zoning of land in question C-1 Gen. Co!Timerc:lal --"__.::.........;::....:::.-=....c...._:~::.=:..::::.=~:===------------~ Section of ordinance from which variance is sought _7-B Off street parking The following specific variation from the ordinance is requested: Applicant requests that off street park:ln~ be approved although this parkin~ is not under same own~rship and will be located a little ove:r_ 200 ft. from his place of business. 1nis va~iance is necessary due to the following tu~ique and special conditions of th~ land not .found in like districts: ThP.re is no space available within 200 ft_."------------------ The following alternatives to the requested variance are possible: ·The parkinp: sooces which have been procured are the alternative to 7-B and fionstitute a positive step toward alleviating the parking problem at North Gate. This variance will not be contrary to the public interest by virtue of the following f~c~~: 1. We will take in some of the spillover f,...om the congested area down the street. 2. We will serve beer in ~ugs that will rema1n 1ns1de. J. We will open on Sundays only for late hours if at all. 9. The parking we will prov\tde will more than offset our seating capac1ty I :-/ are true and correct. October 5, 1979 Date ZONING BOARD OF ADJUSTMENI' FILE NO. REVIEW A."t\lD CO.MvIEN:r: Building Official REVIEW AND COM1ENI': Fire Marshall REVIEW 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 rreeting of and have detennined that the ~~~~~~~~~~~~~~~- requested variance ( IS I IS NJI' ) contrary to the public . i.1.terest and .that unique and special concli tions ( 00 / Po NOr ). exist as staed 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 follCMing terms and conditions: Ch.ciirperson Date . Zoning Board of Adjustrrent 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 of the Board of Adjustment, may present to a court of record a petition, verified, setting forth that such decision is illegal, 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. October 5, 1979 Zoning Board of Adjustment City of College Station City Hall College Station, Texas 77840 Ladies and Gentlemen: This letter is a request for a hearing on the matter of proposed exterior decks at 300 W. Dexter. s7~ Larry Hickman 300 West Dexter College Station, Texas AGENDA City of College Station Zoning Board of Adjustment October 16, 1979 7:00 p.m. 1. Approval of minutes, meetings of August 14, and September 10, 1979. 2. Consideration of a request for a variance in the name of Mr. John Paul Jones, 405 University Drive. 3. Consideration of a request for the expansion of a non- conforming use in the name of Dr. Larry Hickman, 300 W. Dexter. ZONING BOARD OF ADJUST~f£NT FILE NO. ___ _ Name of Applicant John Pavl Jones Mailing Address P . 0 . B ox 9 069 , C ol leze Sta t i o r.., Texas ??R40 Phone 779-7916 Location: J_,ot 1, 2, Bloek 2 Sub divis ion Boyett Descriptioa> If applicable Bu ildin.a: is located on t'l-ie northeast corner of the intersection of University Drive and College Xain ---------------------·----------------·----- Action requested: Applicant requests a variance be J7-ranted. NAME ADDRESS (From current tax rolls> College Station Tax Assessor) Howard, Nanne Shelw. 't Joel w. Howard, P.O. i'54. Osceola. Ark. 72J7Q___,._ Shelton, Fr ed, 1107 N. Haskell. Dallas. Tx--1-7_5l.f.2u.Oi..:::41:.-_______ ·----- Sorrels, Hornak & Hornak, 4660 Beechnut Q228. Houston, Tx. 77096 Halick, W. Jonnie, JOB Tee ·I'r., Bryan, Tx. ??801 Lipscomb, Carolyn W. , Lipscomb Tr. 100 Lee St,·. ·College Stat1 on, . Tx Mitchell, A. Est. a/, H. Mitchell, 107 Pershino:, Colleize Station ;" Tx Martin, Helen S., Boxx 2, Colle~e Statiof!..t~Tx~~·--------------­ Boyett, O .H. % L.B. Vance, Horseshoe Bay Box 780'7, Marble Falls, T""A: Vance, L.B., Horseshoe Ba y Box 7 8 07, t-iarble Falls, Tx. ?8651+ Bryan, .Ronald, 1813 Shadowood, ColleQ:e Sta tion. Tx. '· A&M Methodist, 417 University Dr., College Station. Tx. Lauterstein, J.B. Est.% Gienda Alter Ind. Exec., 153 Rilla Vista Dr. San Ant onio, Tx. 78216 --1LL ZONING B01~1UJ OF ADJUSTMENT FILE NO. Present zoning of land in question C-1 Gen. Co!Ilmercial ~--==--=-==-=--'"'-==='-=""'-====-~~~~~~~~~~~~ Section of ordinance from which variance is sought 7-B Off street parking The following specific variation from the ordina nce is requested: Applicant requests that off street parkin~ be anproved although thi_s~ parkinp: is not under sa~e ownership an~~will be located a little oveA:_ 200 ft. from his place of business. i,, This variance is necessary due to the following unique a nd special conditions o f th~ land not .found in like districts: ,., • There is no space available within 200 ft.,.__~~~~~~~~~~~~~~ The following alternatives to the requested variance are possible: ~~~~~-~~- -The parking snaces which have · been -procured are the alternative .to 7-B and ~onstitute a positive step toward alleviatinp: the parking problem at North Gate This variance will not be contrary to the public interest by virtue of the following f~ct~: 1. We will take in some of the spillover from the congesf;a area down the street. 2. We ·will serve beer in mugs that will remain 1ns1de. J. We will open on Sundays only for late hours if at all, !-The parking we will prov;tde will more than offset our seating capac1ty. this application are true and correct. October 5. 1979 Date J City of College Station POST OFFICE BOX 9960 I I 0 I TEXAS AVENUE COLLEGE STATION, TEXAS 77840 MEMORANDUM t_.r 'I'O: Zoning Board of Adjustment \ ~ FROM: Jim Callaway, Zoning Official ~ SUBJECT: Agenda Items for October 16, 1979 Agenda Item No. 2 -Consideration of a request for a variance from Mr. John Paul Jones -Mr. Jones request for a variance is all but identical to his last request. I have agreed to forward this request to the Board due to the following: 1 . Mr. Jones stated his desire to correct "erroneous" testimony from previous hearings. 2. Mr. Jones stated that he will propose an alternative layout for his business (interior layout) which will reduce his parking needs. 3. Mr. Jones stated that he will attempt to present additional evidence from the Alcoholic Beverage Commission. Agenda Item No. 3 -Consideration of a request for the expansion of a non-conforming use in the name of Dr. Larry Hickman -Dr. Hickman has prepared an alternative proposal concerning his outdoors expansion for the Board's consideration. He should be able to fully explain this proposal at the meeting. ( ( Minutes City of College Station Zoning Board of Adjustment October 16, 1979 7:00 p.m. Members Present: Cha irman Harper , Bailey, Boughton, Burke, Jones, Mathewson Members Absent: Dubouis Staff Present: Zoning Official, Jim Callaway Planning Assistant, Chris I.Dngley Chairman Harper appointed Pat Boughton to serve as voting alternate. Agenda Item No. 1 -Approval of Minutes Corrections to'the minutes of August 14, 1979 were made as follows: Page 2, Paragraph 1 -insert ..•. 409 Dexter ..•.• Page 2, Paragraph 8 -to read "Bailey inquired as to the provisions for employees to park off-street." Bailey moved to approve the minutes of August 14 with the above corrections. The motion was seconded by Jones and passed by the following vote: For -Harper, Bailey, Boughton, Jones Opposed -None Abstaining -Mathewson Corrections to the minutes of Sept 10 were made as follows: Agenda Item No. 4 -add 11 405 University" remove "in attempting" where used twice, identify Mike James. Mathewson moved approval of the minutes of September 10 with the above corrections. Bailey seconded the motion which passed unanimously~ Agenda Item No. 2 -Consideration of a request for a variance in the name of John Paul Jones, 405 University Drive -/~ Mr. Jones addressed the Board and requested a continuance. Bailey moved to table consideration until the next regular meeting. Mathewson seconded the motion, which passed unanimously. Agenda Item No. 3 -Consideration of a request for a variance in . the name of Dr. Larry Hickman, 301 W. Dexter - Dr. Hickman addressed the Board and requested that consideration be delayed in order to allow presentation of his request by his attorney. ~.athewson inquired as to the ordinance requirements for the set- back along W. Dexter. ( \ ( Minutes October 16, 1979 Page 2 Callaway explained past problems of determining property line locations and setback requirements along that portion of W. Dexter. Dr. Hickman explained his newly submitted request, and pointed out the actual square footage of the decks being requested, and his request to enlarge windows as indicated in his application. Harper explained the revised proposal to the audien~e. Duane Cote stated that the W. Dexter setback should be considered a front setback. Callaway replied that the front setback in this case would be applied to the Ayrshire frontage. Jones asked if the proposed third floor deck was to be removed. Hickman replied that the third floor deck was included in his request, and the total deck area was 25% of the Building area of the second floor. Lambert Wilkes requested that the Board review this case as if no construction had taken place. Harper moved to grant a use permit for the enlargement of the building to provide an attic deck extension. This being granted to a building devoted to a non-conforming use, such extension being necessary and incidental to such use of the building, does not prolong the life of the non-conforming use. 'Ihe motion was seconded by Mathewson and failed by the following vote: For: Mathewson Opposed: Harper, Boughton, Bailey, Jones Harper rroved that a use permit be granted for the enlargement of a building devoted for a non-conforming use for the construction of a deck at the second floor as described by the drawing sub- mitted, such extension being incidental to such use and does not prolong the life of the building, nor prevent the return of sucn- building to a conforming use. 'Ihe motion was seconded by Mathewson. f Mathewson pointed out the amount of deck requested was still excessive, and that the 25% of the building area was a maximum allowable extension. 'Ihe rrotion before the board failed by the follwoing vote: For: None Opposed: Unanimous Harper suggested that the Board determine what amount of deck extension would be acceptable. ;' ( . ( ( Minutes October 16, 1979 Page 3 Following discussion with the applicant with regards to an acceptable revision to the proposal, Mathewson moved to grant the use permit to enlarge the Non-conforming use at 300 W. Dexter for the construction of second floor decks which are incidental to the needs and use of · the structure, the decks to be defined as the W. Dexter fac:ing side, running f'rom its existing location to the north corner of the structure and a second dec k to be located in the north eastern corner of the structure as was shown in the applicants survey of October, 1979, and that one window per each deck be enlarged to provide access to the decks, all such enlargements not prolong:ing the life of the non-conformity. The motion was seconded by Boughton and passed by the following vote: For: Boughton, Jones, Bailey, Mathewson Opposed: Harper · Mr. Vrooman questioned the use of the garage at that location as a residence. .,. Callaway responded that the City's records did not show the validity or lack of validity for the use of the garage as a dwell:ing unit. Following a discussion of non-conforming uses, the Board requested that the Zon:ing Official investigate the status of the rental · · unit at · 300 W. Dexter . LEGAL NOTICE: TO WHOM IT MAY CONCERN: The ZONING BOARD OF ADJUSTMENTS of the City of College Station will consider a request for: a variance to the parking requirements, Ordinance No. 850 From: John Paul Jones, 405 University Drive, eollege Station, Tx. 77840 ~t theff regularly scheduled meeting in the Council Room at College Station City Hall at 7:00 p.m., on Tuesday, the 16th day of October, 1979. The nature of the case is as follows: The applicant requests that the parking lot separation requirements for a restaurant-club at 405 University Drive be waived. Further information is available at the office of the Zoning Official of the City of College Station (713) 696-8868 ext. 238. James M. Callaway Zoning Official