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HomeMy WebLinkAbout150 ZBA Regular Meeting 4.21.81AGENDA City of College Station Zoning Board of Adjustment Apri 1 21 , 1981 7:00 p.m. 1. Approval of Minutes of January 20, 1981 and March 24, 1981 meetings. 2. Consideration of a request for a variance to the parking requirements for a restaurant in the name of L & R Foods, Inc., 2700 Texas Avenue~ 3. Consideration of a request for a variance to the rear set- back requirement in the name of Anthony Home Builders, Inc. 4 . Discussion of policy concerning non-conforming uses. I I I MINUTES City of College Station Zoning Board of Adjustment January 20, 1981 MEMBERS PRESENT: Harper, Upham, Wagner, Boughton MEMBERS ABSENT: Mathewson, Burks STAFF PRESENT: Zoning Official, Calloway AGENDA ITEM NO. -Approval of minutes of meetin8 of October 21, 1980. Boughton requested that the minutes of the October 21, 1980 meeting be amended to reflect under Item No. 3, that the reason for denial was that there was no proof that the City's inspectors had erred tn approving the location of the structure. Upha m added that he felt that the Board had been asked to serve as a court to settle a civil matter and that this was not within the Board's domain. Harper stated that there were no grounds for granting a variance in that case, and that the Board did not have authority to grant a variance for the purpose of correcting an error. Boughton moved to approve the minutes of October 21 with the additions as discussed. The motion was seconded by Wagner and unanimously approved. " AGENDA ITEM NO. 2 -Consideration of a Request for a Variance in the Name of Michael Flowers and Stephen Larson, 403 University Drive. Callaway advised the Board of previous variance requests at this location and of current use and permits for remodeling at this location. Steve Larson and Mike Flowers presented their proposal for use of the building for a small sand- wich shop with ten to fifteen tables and a rear deck. Flowers pointed out that their hours of business would differ from the adjacent busines·ses. Wagner asked if the number of ten to ftfteen tables included the seating on the proposed deck. ·Flowers replied that it did, Upham asked if the purchase of food would be a prerequisite for purchasing drinks. Flowers repli~d that drinks could be purchased separately~ but that their primary business would be food service. / \ Wagner inquired as to the number .of off-street spaces that would normally be required for the current use at that location, Calloway replied that twelve spaces would be required. Upham pointed out that the prior variance requests were for a different type of business. Boughton stated that there were parking problems in that area throughout the week, despite claims that the parking and crowd problems occur only on Thursday and Friday nights. Minutes Zoning Board of Adjustment January 20, 1981 Page 2. Upham stated that the restaurant business was more competitive than those busi- nesses proposed in earlier requests, and that walk-in business would be more likely at a restaurant. He further stated that the Board had a responsibility to allow beneficial development under the proper constraints and controls. After a discussion of the proposal with the applicants, Harper stated that he was not sure that this proposal was significantly different from earlier requests. Following additional discussion of the request, Harper explained the Board's policy of not granting variances to the parking requirements if such ·variances would result in increased parking problems. Harper then moved to authorize the variance to the parking requirement established in Section 7-B for the operation of a restaurant at 403 University Drive, said restaurant to have no more than forty seats and to serve alcoholic beverages only a s an adjunct to food. The motion was seconded by Wagner and passed unanimous l y. AGENDA ITEM NO . 3 -Adjourn There being no further business, the meeting was adj ou rned . MINUTES CITY OF COLLEGE STATION Zoning Board of Adjustment March 24, 1981 MEMBERS PRESENT: Acting Chairman, Mathewson, Burke, Upham, Wagner; Alternate, Boughton MEMBERS AB SENT: Harper STAF F PRE SENT: Zoning Official, Calloway; Planning Assistants, K~e and Longley AGENDA ITEM NO. 1 -Consideration of a request for the expansion of a non-conforming use in the name of Johnny A . Martinez, 203 Fairview Street . Zoning Official Calloway presented background information concerning the construction which had beenoccurring without a permit at the above address. A stop work order was issued and Mr. Martinez was notified of the necessity of acquiring a building permit and that the Zoning Board of Adjustment would need to authorize the permit since Mr. Martinez was expanding a non-conforming use. The Building Official informed Mr . Callaway that the structure is actually a residence with a separate living unit attached in the rear . The structure is in an R-1, single family zone. Mr. Callaway informed the Board that Mr. Martinez's request involved cnanging the interior layout of the structure which would result in two living units of approxi - mately equal size and enclosing the front porch. Mathewson asked about the general character of the neighborhood. The Board discussed that the area is largely a single family neighborhood east of Fairview £r.lth smaller rental units and non-conforming uses along portions of Fairview and west of Fairview. Elizabeth Ma rt inez, representing the applicant, explained the request. She informed the Board that the structure was a duplex when Mr . Martinez purchased it and that it needed repair . Upham stated that the situation appears to be an attempt to go from essentially a single residence witµ a minimal possibility of being called a duplex to a formal duplex situation. He stated that the Board's mandate is to try to avoid perpetuating a situation which is out of phase with the City's Plan. Burke questioned if the aim of the Plan is to bring this area back into a single family area . Mathewson asked if anyone called to object to the request and Callaway replied that no one had objected . Mathewson moved that the request for a variance on the property located at 203 Fairview Street be granted on the grounds that the granting of the variance would not represent a threat to the health, welfare and morals of the citizens of College Station. Burke seconded the motion. Minutes , Zoning Board of Adjustment Mar ch 24, 1981 Pag e 2. Upham stated that this is the first case of this nature for this area to come before the Board and the Board should realize that a precedent will be set if it grants this variance. This area will be receiving the Board's seal of approval to go from a basically single family area to a duplex area. Wagner asked for an interpretation of Section 4-1 .3. of Ordinance 850 referring to the 25% limit on enlargement of a non-conforming use. Does this include rearrangement of interio r space? Callaway responded that the Staff had discussed this issue and is looking to the Board to resolve this point. Mathewson stated that the Board had, in a previous case, set a precedent that if any part of a structure is non-conforming then the entire structure and its associated structures on the lot are non-conforming . Callaway explained that in the same case the Board established a policy that in future cases non-conformities of the type where there is a detached structure, then the principal structure, in residential cases, would not have to come to the Board. The Board agreed. Burke stated that in her opinion, enlargement is an addition or an increase in the size of a structure. Wagner agreed. Callaway pointed out that a key point is whether this proposal will prolong the life of the non-conformity as stated in Section 11-B.3.b. of the ordinance. Uphan stated that the intent of Ordinance 850 is fundamentally in opposition to this r request. After further discussion, the question was called. The motion failed by the following vote: Against -Burke, Upham, Wagner, Boughton. Callaway asked the Board if they would like to consider the enclosure of the porch separately as it falls below the 25% expansion limit outlined in Sections 4-C.3 and 11-B.3 of the Ordinance. Mathewson moved that the variance be granted to property located at 203 Fairview Street for the purpose of enclosing the screen porch with a permanent wall and that this would not represent a risk to the health, welfare, or morals of the Citizens of College Station . (Mathewson clarified that this motion involves only the porch and not the interior design or use). Upham seconded the motion and it passed unanimously . There being no furthe r business, the meeting was adjourned. PuBLlCA1 IOIJ ~A"lE. APQ..tL 's, \q51 TO WHOM IT MAY CONCERN The Zoning Board of Adjustment for the City of College Station will consider a request for a variance in the name of: L & R Foods, Inc. OBA (Farmer's Market) 2700 Texas Avenue Brya·n, Texas 77801 Said case will be heard by the Board at their regular meeting in the Council Room, College Station City Hall, 1101 Texas Avenue on Tuesday, April 21, 1981 at 7:00 p.m. The nature of the case is as follows: Applicant requests that Section 7-B of the Zoning Ordinance No. 850 pertaining to the off-street parking spaces required for rest- aurants ( 1 space per 3 seats) be waived . r· Further information is available at the offfce of the Zoning . Official of the City of College Station, (713) 696-8868 ext. 238 ; James M. Callaway Zoning Official ·' .... ZONING BOARD OF ADJUSTMENT FILE NO. -----.;. Name of Applicant I &R Foods Inc OBA (Ea r_...m._e.._r_' s~M"'"a ..... r ..... k~e ...... t+)------------ Mailing Address --~2~7~0~0~T_e~xa_s~A~v~e~n~u_e+,~B~r~~~a~n~,__._T~X_7.._7~B~D~l _____________ _ Phone -----=8=22=--__,6,,_4~1...._7 ___ _ Location: Lot 1 Block 5 Subdivision Tauber ---------- Description, If applicable THE ANSWER on 3,330 square feet of land area. Action requested: Variance of Zoning Ordinance No. 850, Section 7-B. Pertainina to OFF-STREET PARKING SPACES REQUIRED. NANE ADDRESS (From current tax rolls, College Station Tax Assessor) See attached schedu)~. ------------- zmHNG BOARD OF ADJUSTMENT FI.LE NO. Present zoni ng of land in question (,-1 ( """',.,. '. '{ c ~ ~ \ -"'""-=---...._,."-'--'--~-=-=-~-~------~~-- Section of ordinance from which variance is sought _J_,_-~~~~~·--=--~~!\{--'[=,~~~•~'-o_'-'--9-'-'-'-~~~~\{~·~'~_::_~~-~ The following specific ·vc>.riation from the ordinance is requested: To waive MINIMUM OFF-STREET PARKING requirements AS SPECIFIED FOR RESTAURANTS . (1/3 , 1 space per 3 seats. This variance is necessary due to the following unique and special conditions of the land not found in like districts: The land area in question is completely covered by that building. There is no area available for parking spaces. The following alternatives to the reques ted variance are po s sible: -------- NO ALTERNATIVES ARE AVAILABLE. . ~ This variance wiil not be contrary to the public interest by virtue of the foll o ~-'"-? f~ct~: The restaurant wil1 be located across fro1+1 T.ll.MU, therefore the business will be dependent solely on foot traffic, as proved by other restau r ants locate d in the immediate area. a pplica t ion are true a nd cor re ct. <C l Date Property within 200 ft of Bk 5 Lt 1 Tauber 501 University The Answer Ted Wyatt 505 University Dr Bk 5 Pt Lt 1 Tauber A&M Presbyterian Church 301 Church Bk 5 Lt Pt 1 (501 University) Tauber · Stubblefield, C H Bk 5 Lt E/2,3 201 Stansney St Tauber Bill J. Cooley BK 5 Lt 2 (509 University) 503 Glade St Tauber Wesley Foundation P.O. Drawer K College Station, Tx 77840 Bk % Lt W/2,3 Pt 1 Tauber Bobby Holiday etal 2701 Pinehurst Bryan, Tx 77801 Bk 6 Lt 1 (117Xl20 Ft) Tauber A&M Methodist Church 417 University Dr Bk 2 Lt 10,11 Boyett University Book Store, Inc. Bk 2, Lt 8,9 Drawer Ct College Station, Tx Boy e tt First Baptist Church pf College St at :~r. Bk 2 Lt 12 P.O. Drawer EN College Station, Tx g7 840 Boyett Ordinance No. 850 Zoning Ordinance Page 37 6-R. Front and Side Yard Fences. No fence shall be construed to be a structure, nor shall it require a building permit. SECTION 7. MINIMUM PARKING REQUIREMENTS 7-A. PURPOSE: It is the purpose of this section to establish the guidelines for off-street parking space consistent with the proposed land use to: (1) eliminate occurrence on non-resident on-street parking in adjoining neighborhood; (2) avoid the traffic congestion and public safety hazards caused by a failure to provide such parking space; and (3) expedite the movement of traffic on public thoroughfares in a safe manner and thus increasing the carrying capacity of the streets, reducing the amount of land required for streets and the cost to both the property owner and the City. 7-B. OFF-STREET PARKING SPACES REQUIRED: In all districts, for all uses, there shall be provided at the time any building or structure· is erected or enlarged or increased in capacity, or at any time any other use is established, off-street parking spaces for motor vehicles in accordance with the requirements specified herein. 7-B.l. DIMENSIONS AND ACCESS: Each off-street parking space for a~tomobiles shall have an area of not less than nine feet by twenty feet (9'x20'). Each off-street parking space for truck unloading shall have an adequate unloading area. Each parking space and the maneuvering area thereto shall be located entirely upon private property except as set forth in the Street Ordinance (Ordinance No. 608). There shall be adequate provisions for ingress and egress to all parking spaces, and there shall be adequate maneuvering space to eliminate backing into public right-of-way on major streets as defined in the Street Ordinance (Ordinance No. 608). 7-B.2. OFF-PREMISES LOCATIONS: For any new use, building or structure where the required off-street parking cannot be provided on the premises because of the size or the location of the lot, or building plot, such parking may be ,provided on other property .under the same ownership not more than two hundred (200) feet distant from the building site and provided the proposed parking area is located in ~ district where parking lots are permitted. 7-B.3. DEVELOPMENT AND· MAINTfNANCE OF PARKING AREA: Every parcel of. land here- after used as a public parking area, including commercial parking lots, auto- mobile, farm equipment, mobile home, trailer, or othei open-air sales lot, shall be developed and maintained in accordance with the following requirements; 7-B.3.l. SURFACING: Except as otherwise provided, all off-street parking areas shall be all-weather surfaced, shall be installed, graded to drain, and maintained so as to dispose of surface water accumulated within the area, for all parking areas for more than five (5) vehicles. Parking spaces shall be so arranged and marked as to provide for orderly and safe parking of vehicles. Surfaces shall be subject to approval by the City Engineer. Ordinance No. 850 Zoning Ordinance Page 54 11-B.4. To initiate on its motion, or cause to be presented by interested property owners, action to bring about the discontinuance of a nonconforming structure under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance; 11-B.5. To authorize upon appeal variances of the yard, lot width, lot depth, signs, minimum setback, off-street parking or off-street loading regulations from the terms of this ordinance as will not be contrary to the public interest, where owing to unique and special conditions of the land not normally found in like distrcits a strict enforcement of the provisions of the ordinance by the Zoning Official would result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done. 11-C. ORGANIZATION OF THE BOARD: The Board of Adjustment shall consist of five (5) members who are residents of the City and qualified voters. Each shall be appointed for a term of two (2) years, except that two (2) members appointed in- itially shall have terms of only one (1) year. After the initial appointments, two (2) members shall be appointed in odd numbered years to maintain a membership of five (5) members. Members shall be removable for cause by the City Council upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. However, the City Council may provide for the appointment of four (4) alternate members of the Board of Adjustment who shall serve in the absence of one (1) or more regular members when requested to do so by the Mayor. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal as the regular members. 11-D. RULES AND REGULATIONS: The Board shall develop and adopt rules in accordance with the provisions of this ordinance. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his absence the acting Chairman; may administer oaths and · compel the attendance of witnesses. All meetings of the Board shall be open to ' the public. The Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board (the office of the City Secretary)_and shall be a public record. 11-E. APPEALS: Appeals to the Board of Adjustment may be :taken by any person aggrieved or by any officer, department, board, commission or committee of the City affected by any decision of the Zoning Official. Such appeal shall be made within thirty (30) days of the date of the notification by filing with the Zoning Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Zoning Official shall forthwith transmit to the Board all the papers consituting the record upon which the action appealed from was taken. ' TO WHOM IT MAY CONCERN: Pu.BWGATIOµ lMT£ A P(i.11-' 5, ,~ 8f The Zoning Board of Adjustment for the City of College Station will consider a request for a variance in the name of: Anthony Home Builders, Inc. P. 0. Box N. N . College Station, Texas 77840 Said case will be heard by the Board at their regular meeting in the Council Room, College Station City Hall, 1101 Texas Avenue on Tuesday, April 21, 1981 at 7:00 p.m. The nature of the case is as follows: Applicant is requesting a variance from the rear setback requirement in an R-1 Single Family zone (from a minimum of 25 1 to 10 1 ) due to the shape and elevation of the 1 ot. 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 ZONING BOARD OF ADJUSTMENT FILE NO. , Name of Applicant /)f)Tf/!)Nt/ f/O!!/t f31Jil.OEB S /IVC · Mailing Address _ _,_P_,__. O=i---_._[?;()--=-~x~~N'-'-, _._.,lU"--:J-+--'C'-'o~ll ...... P"-'t'J_.._e_J_f.~s ........ f--i..1 ·-=o--'r;'-7-+-' __;.r;..z_x_..7"--'-7,L:-.P~Y--""o __ _ Phone 6 9 6_:_!)_5i...,__.'t......_../)'------ Location: Lot _~b-Block__,_/ __ Subdivision Action requested: VOriance fo set bac..k reo t1 iYerrcn i -on Rea.< ff"o V'Y\ k ~' -\-o u, o ' ::::. . NAME ADDRESS (From current tax rolls, College Station Tax Assessor) ZONING BOARD OF ADJUSTI-!ENT FILE NO. _____ .. Pres.ent zoning of l an d in ques tion _._R.._~_\,__~·'>J.S_.~~""-J q,._,_\ ~~-----'£'--=~-'-· ~\--"-'-'-\----------. I \ Section of· ordinance from which variance is sought 6 -G,-°S(•,; 1 .,.. '? c1\ Yo. -r c \ = ~-~--~,~~~-~~~- The following ·specific variation from the ordinance i s requ e sted: -------- t 0 ' This variance is necessary due to the following unique and special conditions of the land not found in like districts: ~ f-1 A pr; 0 ,::-~~D T f.1 -r:~i O~___._f-'-K__.T__.8_< -=-f ...._lYl_t f'_--==D=--· .._r?-"-D P'--. _\_N _____ _ t:=:LEVATtDIV i-1M1rs 5u1 bo rrv 6 To ..sMriLl£~ . . . Hom6 , Gu1 L..DER Pec;1r<e-s To CQf\Jsrg ucr ---~.--=~~~. --'--=->C0--4-.~'-~-'-"--_.._.~ __ ~_:~~--~-~."-'=--_._.=----'""-'-'-'-"---'-'--'-=-.=....L-----~ ~ -B HoM C Af~O~ 1·a,q\ TELV l300 ¢ t ··~ _ f)L~O A/r.T c r<.ttvb ~VILD1rJ6 l ~1IV G'. V'ltt-L-S A-VG· Fovr -i:a.~qe +rfPS --f ~· :::::::_ - The following alternatives to the requested variance are po ss ibl e : f-l'!Operi;;i.._~-Pf :;::;: ~ To CJ\?.~J GE: P'UtLD1 t\16 PL~(\JS To S Mf\1=i.,E P-· f-t~r11G 4 Tb Gr.7M ov G A P RoX-'MA-tr L f_.- f'ovr"' ha c3 e +re.es · -£rovYJ /:_o t· This variance will not be contrary to the public interest by virtue of the follo w~-g £'~c~~: STBUCTUt(.E Ot.J '-~ 0 I!\) 1 1\J (. k O r l S _55 " _ ___.fr. o ~ P ' ,I:f'::__q#'-c_o __ l<\'.:rL~:hJ.tl di sfo we : · ·- ~.b e ±ween ex; s+i ,/ c;+r u+uvc:-<J rn d p Lo c '()t?.d 2 f rucf UY(J '"!! ho 0 5 . ~lll.! I . J::::'.'. ...._ The facts stated by me in this applicat ion are f}IV71 v1i.JY Harne tJv11..D E12i l rU c b 12 --·/} 0r?i ~ /;?,_ ~ 6 ,, i7l'.MJ1f1Y.~u/· ~__f_L!_S-.; 1 /4Jpl1ca nt .·· true and corr e ct. __LfpJ// 13 19!/ n'ate I ~ Kenneth Mack 1708 Amber Ridge Dr. College Station, Tx 77840 BK 2 Lt 5 ~/allace E. Kille 1706 Amber Ridge Dr. College Station, Tx 77840 BK 2 Lt 4 A P Lebrecht College Station, Tx 77 84 0 BK 2 LT 2 & 3 John iv. Brown 8602 Jade Dr. College Station, Tx BK 2, Lt 1 Elred E. Keahey · 1610 Emorald Pkwy College Station, Tx Bk 4, Lt 1 77 840 Barby-Walbridge Co Inc. Ste 203 4301 Carter Creek Pkwy Bryan, Tx 77801 BK 1, Lt 1 Michael R. Lane 710 Edgemore College Station, Tx 77 840 Bk 1, Lt 2 EMERALD FORREST PHASE I Hal dee, Inc . 1607 Emerald Pkwy College Station, Tx 77840 Bk 1, Lt 3 Brittin L. Rice 1311 Austin Ave. College Station, Tx 778 40 Bk 1 Lt 4 Haldec, Inc .. 1607 Emerald Pkwy Colle ge Station, Tx 778 40 Bk 1, Lt 5 Maher Awward 8606 Topaz Ct College Station, Tx 77840 Bk 1, Lt 7 Hal dee, Inc. 1607 Emerald Pkwy - College Station, Tx 77840 Bk 1, Lt 8 & 9 DISTRICT USE SCHEDULE -TABLE A DISTRICT MIN. LOT MIN. LOT MIN. LOT MIN. FRONT MIN. SIDE MIN. SID E MIN. REAR MAXIMUM MAXIMUM AREA/D.U. WIDTH DEPTH SETBACK SETBAC K STR. STB K . SETBA CK HEIGHT D.U./A CRE A-0 AGRICULTURE 5 acres 50 ft. 20 f t. 1 5 ft. 35 ft. OPEN R-1 SINGLE 5,000 50 ft. 100 ft. 25 ft. 110 11 15 ft. 25 ft . 2.5 story 6 .0 FAMILY s . ft. 7.5 ft. or 35 ft. - R-2 DUPLEX 3 rl'OO .,0 ft. 100 ft. 25 ft. "D " l 5 ft. 25 ft. 2.5 story 1 0. 0 s . ft. 7 .5 ft . or 35 ft. R-3 TOWNHOUSE 2,000 20 ft. 100 ft. 25 ft. I 11 A1111 B11 ) l 5 ft. 20 ft. 35 ft. 14.0 ROWHOUSE s . ft. __/ R-4 APARTMENTS 25 ft. 11 A1111 B11 15 ft. 25 ft . 2 story 16.0 LOW DENSITY or 35 ft. APARTMENTS ' R-5 MEDIUM DENSITY 25 ft. 11 A1111 B11 1 5 .ft. 20 ft' 45 ft. 24.0 R16 APARTMENTS Determined by Site Plan Permit; .denisty approved by City Council HIGH DENSITY R-7 I MOBILE HOME PARK See Mobile Home Park Ordinance C-N NEIGHBORHOOD SEE 24 lt. SEE 25 , ft. 11 A1111 B11 1 5 ft. 11E11 , 35 ft . BUSINESS 5-1 . 2. 5-.1 • 2. '- C-1 GENERAL 11c11 24 · ft. 100 ft. 25 ft. 11 A 1111 B11 1 5 ft. 11E11 COMMERCIAL C-2 COMMERCIAL 100 ft. 25 ft. "A 1111 B 11 1 5 ft. 11E11 INDUSTRIAL M-1 PLANNED 100 ft. 200 ft. 25 ft. 11 A1111 B11 25 ft. "E'1 INDUSTRIAL M-2 HEAVY 25 ft. 11 A1111 B11 25 ft. 11E" INDUSTRIAL COLLEGE ) C-U UNIVERISTY " OJ PLANNED UN IT . \0 PUD See Section 5,,;N ro DEVELOPMENT w N See Notes on following page. l . I .. Ordinance No. 850 Zoning Ordinance Page 34 6-F. STRUCTURES TO HAVE ACCESS: Every building hereafter erected or moved shall be on a lot or building plot with direct access on a public street, or wjth access to an approved private street. All structures shall be so located on lots or building plots as to provide safe and convenient access for servicing, fire protection, and the required on-site parking. 6-G. REQUIRED YARDS: Yards as required in this ordinance are open spaces on the lot or building plot on which a building is situated and which are open and unobstructed to the sky by any structure except as herein provided. 6-G.l. FRONT YARD REQUIRED: A yard facing and abutting a street and extending across the front of a lot or building plot between the side property lines and having a minimum horizontal depth measured from the front property line to a depth of the setback specified . for the district in which the lot is located. The required front setback line represents the line in front of which no building or structure may be erected except that porches and steps open on three (3) sides located along not more than one-half (1/2) of the building may project a maximum of six (6) feet into the required front yard. Balconies, decks, signs and marquees located more than eight (8) feet from the ground may project up to six (6) feet into the required front yard. 6-G.2. REAR YARD REQUIRED: A yard extending across the rear of the lot or building plot between the side property lines and having a minimum depth measured from the rear property line as specified for the district in which the building plot is located. There shall be no intrusion into the required rear yard by stairways, balconies or other buildin9 extensions to more than six (6) feet. 6-G.3. SIDE YARD REQUIRED: A yard located on a lot or building plot extending from the required rear yard to the required front yard having a minimum width me asured from the side property line as specified -for the district in which the building plot is located.- 6-H. MAJOR RECREATIONAL EQUIPMENT: For the purpose of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, ~nd the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No such equipment shall be used for living, sleeping, home occupation, or household purposes when parked or stored on a residential lot, or in any location not approved for such use. 6-I. PARKING AND STORAGE OF CERTAIN VEHICLES: Automotive vehicles or trailers not bearing current license plate~ and state motor vehicle inspection stickers, excluding racing cars, antfque cars a·nd cars belonging to members of armed forces who are on active duty; shall be parked or stored on any residentially zoned · property only in completely enclosed buildings 6-J. SCREENING FENCES REQUIRED: (1) Where there is a common side or rear lot line or lot lines between business, commercial or industrial land and developed residential areas, the owner of said business, commercial or industrial land shall erect a fence that properly screens adjacent residential lots from adverse influences such as noise, vehicular lights, trespass, and other adverse influences ' . Ordinance No. 850 Zoning Ordinance Page 54 11-B.4. To initiate on its motion, or cause to be presented by interested property owners, action to bring about the discontinuance of a nonconforming structure under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulati ons of this ordinance; 11-B.5. To authorize upon appeal variances of the yard, lot width, l ot depth, signs, m1n1mum setback, off-street parking or off-street loading regulations from the terms of this ordinance as will not be contrary to the public intere st, where owing to unique and special conditions of the land not normally found in like distrcits a strict enforcement of the provisions of the ordinance by the Zoning Official would result in unnecessary hardship , and so that the spirtt of this ordinance shall be observed and substantial justice done. 11-C. ORGANIZATION OF THE BOARD: The Board of Adjustment shall consist of five (5) members who are residents of the City and qualified voters. Each shall be appointed for a term of two (2) years, except that two (2) members appointed in- itially shall have terms of only one (l) year. After the initial appointments , two (2) members shall be appointed in odd numbered years to maintain a members hip of five (5) memb ers. Members shall be removable for cause by the City Council upon written c harge s and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Howe ver, the City Council may prov ide for the appointment of four (4) alternate members of the Board of Adjustment who shall serve in the absence of one (1) or more regular members when requested to do so by the Mayor. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal as the regular members. 11-D. RULES AND REGULATIONS: The Board shall develop and adopt rules in accordance with the provisions of this ordinance. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his absence the acting Chairman, ·ma~ administer oaths and _ .. compel the attendance of witnesses. All meetings of the Board shall be open to the pub lic. The Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, a ll of which shall be immediately filed in the office ·of the Board (the office of the City Secretary) ~nd shall be a public record. 11-E. APPEALS: Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, co mm is s ion or committee of the City affected by any decision of th e Zoning Official. Such appeal shall be made 1, within thirty (30) days of the date of the notification by filing with the Zoning Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof . The Zoni ng Official shall forthwith transmit to the Board all the papers consituting the record upon whi c h the action appe aled from was taken. ~ "1-. V) <.. <llj }J -Q j ~ s +~'I i ,..,,,--- S {G /1<S I S f o f'Cl,e Sfo1<A5e. ~~ Ale ~I f<-es+ ~O D ~ 0 W.1 ce S fol'aj '! I .,.._~~----~~~--------------------.·~ Sfol"C,9<: ~ p R e.P AReA ~ <? ...... 91 Ct/ ~~ -f f?e.~+ Roorfl 00000 00000 0 0 000 L/o' Krtc,h~ rJ AR f A /ooo s,~. D1rJ1 N1 ~"4 I ~cO S:t ~+ S eA-+i rJ:J f1KR.AN~e 0o .S e A+s Minutes Zoning Board of Adjustment January 20, 1981 Page 2. Upham stated that the restaurant business was more competitive than those busi- nesses proposed in earlier requests, and that walk-in business would be more likely at a restaurant. He further stated that the Board had a responsibility to allow beneficial development under the proper constraints and controls. After a discussion of the proposal with the applicants, Harper stated that he was not sure that this proposal was significantly different from earlier requests. Following additional discussion of the req uest, Harper explained the Board's policy of not granting variances to the parking requirements if such -variances would result in increased parking problems. arper then moved to authorize the variance to the parking requirement established in Section 7-B fo op~ration f es ~ a 0 n1versit 'ye, s_aid estaurant~to ye Q_ more than forty, se~ts an to se ~e utio_ ·c bevera es onlY-as an adjunct to · food. The motion was seconded by Wagner and passed unanimously. ------.. AGENDA ITEM NO. 3 -Adjourn There being no further business, the meeting was adjourned. AGENDA City of College Station Zoning Board of Adjustment April 21 , 1981 7:00 p.m. 1.. Approva 1 of Minutes of January 20, 1981 and Mar ch 24, 1981 meetings. 2. Consideration of a request for a variance to the parking requirements for a restaurant in the name of L & R Foods, Inc., 2700 Texas Avenue. 3. Consideration of a request for a variance to the rear set- back requirement in the name of Anthony Home Builders, Inc. 4. Discussion of policy concerning non-conforming uses. \. . ! ·' • ·' . -~ ... ! • . , .. • .' • ·' • . ~ • ·' COLLEGE STATION, TEXAS Notice is hereby given that a regular .JIJeeting if the {Special or Regular) ~----- _Z_o_n_i_n..,_g_B_o_a_r_d_o-"-f_A'--'-d_...j-=u"'-st=mo.;..:e'"'-'n'"""t ___ of the City of College Station, State of Texas will be held on the 21st day of ___ A~p_r_i~l ___ , 19_81_, at 7 · oo p M., in the City Hall at College Station, Texas The Fol1owing subjects will be discussed, to-wit: DATED th i s 21 s t day of ____ A...._pr_1_· 1 ______ , 19 81 . CITY OF COLLEGE STATION, TEXAS B&~ I, the undersigned authority, do hereby certify that the above Notice of Meeting of the Zoning Board of Adjustment of the City of College Station, Texas is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board, in the City Hall of said City in College Station, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on April ------~~----8:30 o'clock _A_.M., 19 _§.1_, at 21 and remained continuously for at least 72 hours preceding the scheduled time of said Meeting . DATED this the 21st day of __ ____.._A"f'<p..,...r..,...il.___ ___ _ 19 81 CITY OF COLLEGE STATION, TEXAS SUBSCRIBED AND SWORN TO BEFOR ME ON THIS THE 21stDAY OF __,_A=p_,__ri,,__,·1 ___ , l9_fil_. AGENDA City of College Station Zoning Board of Adjustment Apri 1 21 , 1981 7:00 p.m. 1. Approval of Minutes of January 20, 1981 and Maren 24, 1981 meetings. 2. Consideration of a request for a variance to the parking requirements for a restaurant in the name of L & R Foods, Inc., 2700 Texas Avenue. 3. Consideration of a request for a variance to the rear set- back requirement in the name of Anthony Home Builders, Inc. 4. Discussion of policy concerning non-conforming uses. I · MINUTES City of College Station Zoning -Board of Adjustment January 20, 1981 MEMBERS PRESENT: Harper, Upham, Wagner, Boughton MEMBERS ABSENT: Mathewson, Burks STAFF PRESENT: Zoning Official, Calloway AGENDA ITEM NO. -Approval of minutes of meeting of October 21, 1980. Boughton requested that the minutes of the October 21, 1980 meeting be amended to reflect under Item No. 3, that the reason for denial was that there was no proof that the City's inspectors had erred in approving the location of the structure. Upham added that he felt that the Board had been asked to serve as a court to settle a civil matter and that this was not within the Board's domain. Harper stated that there were no grounds for granttng a variance in that case, and that the Board did not have authority to grant a variance for the purpose of correcting an error. Boughton moved to approve the ·minutes of October 21 with the additions as discussed. The motion was seconded by Wagner and unanimously approved. n AGENDA ITEM NO. 2 ~ Consideration of ·a Request for a Variance in the Name of Michael Flowers and Stephen Larson, 403 University Drive. Callaway advised the Board of previous variance requests at this location and of current use and permits for remodeling at this location. Steve Larson and Mike Flowers presented their proposal for use of the building for a small sand- wich shop with ten to fifteen tables and a rear deck. Flowers oointed out that their hours of business would differ from the adjacent businesses. Wagner asked if the number of ten to fifteen tables included the seating on the proposed deck. Flowers replied that it did. Upham asked if the purchase of food would be a prerequisite for purchasing drinks. Flowers replied that drinks could be purchased separatelyt but that their primary business would be food service. \ Wagner inquired as to the number .of off-street spaces that would normally be required for the current use at that location. Calloway replied that twelve spaces would be required. Upham pointed out that the prior variance requests were for a different type .of business. Boughton stated that there were parking problems in that area throughout the week, despite claims that the parking and crowd problems occur only on Thursday and Friday nights. Minutes Zoning Board of Adjustment January 20, 1981 Page 2. Upham stated that the restaurant business was more competitive than those busi- nesses proposed in earlier requests, and that walk-in business would be more likely at a restaurant. He further stated that the Board had a responsibility to allow beneficial development under the proper constraints and controls. After a discussion of the proposal with the applicants, Harper stated that he was not sure that this proposal was significantly different from earlier requests. Following additional discussion of the request, Harper explained the Board's policy of not granting variances to the parking requirements if such ·variances would result in increased parking problems. Harper then moved to authorize the variance to the parking requirement established in Section 7-B for the operation of a restaurant at 403 University Drive, said restaurant to have no more than forty seats and to serve alcoholic beverages only as an adjunct to food. The motion was seconded by Wagner and passed unanimously . AGENDA ITEM NO. 3 -Adjourn There being no further business, the meeting was adjourned. MINUTES CITY OF COLLEGE STATION Zoning Board of Adjustment March 24, 1981 MEMBERS PRESENT: Acting Chairman, Mathewson, Burke, Upham, Wagner; Alternate, Boughton MEMBERS ABSENT: Harper STAFF PRESENT: Zoning Official, Calloway; Planning Assistants, Kee and Longley AGENDA ITEM NO. 1 -Consideration of a request for the expansion of a non-conforming use in the name of Johnny A. Martinez, 203 Fairview Street. Zoning Official Calloway presented background information concerning the construction which had beenoacurring without a permit at the above address. A stop work order was · issued and Mr. Martinez was notified of the necessity of acquiring a building permit and that the Zoning Board of Adjustment would need to authorize the permit since Mr . Martinez was expanding a non-conforming use. The Building Official informed Mr . Callaway that the structure is actually a residence with a separate living unit attached in the rear. The structure is in an R-1, single family zone. Mr . Callaway informed the Board that Mr . Martinez's request involved changing the interior layout of the structure which would result in two living -units of approxi- mately equal size and enclosing the front porch. Mathewson asked about the general character of the neighborhood. The Board discussed that the area is largely a single family neighborhood east of Fairview W:tth smaller rental units and non-conforming uses along portions of Fairview and west of Fairview. Elizabeth Martinez, representing the applicant, explained the request. She informed the Board that the structure was a · duplex when Mr. Martinez purchased it and that it needed repair. Upham stated that the situation appears to be an attempt to go from essentially a single residence wit~ a minimal possibility of being called a duplex to a formal duplex situation. He stated that the Board's mandate is to try to avoid perpetuating a situation which is out of phase with the City's Plan. Burke questioned if the aim of the Plan is to bring this area back into a single family area. Mathewson asked if anyone called to object to the request and Callaway replied that no one had objected. Mathewson moved that the request for a variance on the property located at 203 Fairview Street be granted on the grounds that the granting of the variance would not represent a threat to the health, welfare and morals of the citizens of College Station. Burke seconded the motion. Minut es Zo n i n g Boa rd o f Ad j ustme n t March 24 , 1981 Pa ge 2 . Upham stated that this is the f irst cas e o f t his na tur e f o r thi s a r ea t o come bef o re t he Board a nd th e Board should realize that a pre ced e n t will b e set i f it gr a nt s this var i ance. This area will be receiving the Board's seal of approval to g o from a basically single family .area to a duplex area. Wagner asked for an interpretation of Section 4-1 .3. of Ordinance 850 referring to the 25 % limit on enlargement of a non-conforming use. Does this include r e arrangement of interior space ? Callaway r e spo nded t hat th e St aff ha d dis c uss e d this i s sue and is looking to the Board t o resolve this point. Mathewson stated that the Board had, in a previous case, set a precedent that if any part of a structure is non-conf orming then the entire structure and its associated structures on the lot are non-c onforming. Callaway explained that in the same case the Board established a policy that in future cases non-conformities of the type where there is a detached structur e, then the principal structure, in residential cases, would not have to come to the Board. The Board agreed. Burke st a ted that in her opinion, enlargement is an addition or an increase in the siz e of a structure. Wagner agreed. Callaway pointed out that a key point is whether this proposal will prolong the life of the non-conformity as stated in Section 11-B.3 .b. of the ordinance. Uphan stated that the intent of Ordinance 850 is fundam e ntally in opposition to this r' request. After further discussion, the question was called. The motion failed by the following vote: Against -Burke, Upham, Wagner, Boughton. Callaway asked the Board if they would like to consider the enclosure of the porch separately as it falls below the 25 % e x pansion limit outlined in Sections 4-C.3 and 11-B.3 of the Ordinance. Mathewson moved that ·the variance be granted to property located at 203 Fairview Street for the purpose of enclosing the screen porch with a permanent wall and that this would not represent a risk to the health, welfare, or morals of the Citizens of College Sta tion . (Mathewson clarified that this motion involves only the porch and not the interior design or use). Upham seconded the motion and it passed unanimously . There being no further business; the meeting was adjourned. Pu5LlCA11010 ~A"TE.. Ar12.1L 15, \'181 TO WHOM IT MAY CONCERN The Zoning Board of Adjustment for the City of College Station will consider a request for a variance in the name of: L & R Foods, Inc. OBA (Farmer's Market) 2700 Texas Avenue Bryirn, Texas 77801 Said case will be heard by the Board at their regular meeting in the Council Room, College Station City Hall, 1101 Texas Avenue on Tuesday, April 21, 1981 at 7:00 p.m. The nature of the case is as follows: Applicant requests that Section 7-B of the Zoning Ordinance No. 850 pertaining to the off-street parking spaces required for rest- aurants ( 1 space per 3 seats) 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 ZONING BOARD OF ADJUSTMENT FILE NO. Name of Applicant _ _.l_.& .... R.._.._F_...o""'o_....d ..... s _I ...... n ..... c~ .... D ...... B.._..A-\-'( F_.a ....... r .... m ...... e...._r_1 ~s _.M""'a ..... r_.k""e'-'-t-+)-------.-.,.------- Mailing Address --~2~7_0_0~T_ex~a_s~A~v_e~n_u_e~1 ~B~r~y~a~n~1 ~T~X_7~7~8~0~1-------------~ Phone ----=-8=22=--_,6....,4.._.1....._7 ___ _ Location: Lot 1 Block 5 Subdivi sion Tauber ---------- Description, If applicable THE ANSWER on 3,330 square feet of land area. Action requested: Variance of Zoning Ordinance No. 850, S~ction 7-B. Pertaining to OFF-STREET PARKING SPACES REQUIRED. NAME ADDRESS .. (From current tax rolls, College Station Tax Assessor) See attached schedu)~.· zmHNG BOARD OF ADJUSTMENT F I:LE NO. Present zoning of land· in question C. -1 ( °""" ,...,._ '< .. '< c_. "\ -"'-'~=-~~'-"-""-'-'---=-;.-=-'--~~~~~-~~--~~ Section of ordinance from which variance is sough t _7_._-...,,~...._ _ _,.0-'-t:\-'-'--_,~"'--"\....._'/"_,,~-'-~-1_,_· _9_,_.;...;."...;.,,''..:..\/.-'--:-'--'1 "'..::..'...:.C,.__ I The following specific ·va.riation from the ordinance is requested: To waive MINIMUM OFF-STREET PARKING requirements AS SPECIFIED FOR RESTAURANTS · (1/3) 1 space per 3 seats. This variance is necessary due to the following unique and special conditions of the land not found in like districts: The land area in question is completely covered by that building. There is no area available for parking spaces . .. ·.~ ... - The following alternatives to the requested variance are possible: NO ALTERNATIVES ARE AVAILABLE. ; . - This variance wiil not be contrary to the public interest by virtue of the following f~ct~: The resta1irant will be located across from TAMU, therefore the business will be dependent solely on foot traffic, as proved by other restaurants located in the immediate area. application a re true and correct. !Cl Date -\ Property within 200 ft of Bk 5 Lt 1 Tauber 501 University The Answer Ted Wyatt 505 University Dr Bk 5 Pt Lt 1 Tauber A&M Presbyterian Church 301 Church Bk 5 Lt Pt 1 (501 University) Tauber Stubblefield, C H Bk 5 Lt E/2,3 201 Stansney St Tauber Bi 11 J. Coo 1 ey BK 5 Lt 2 (509 Universi t y) 503 Glade St Tauber Wesley Foundation P.O. Drawer K College Station, Tx 77 840 Bk % Lt W/2,3 Pt 1 Tauber Bobby Holiday etal 2701 Pinehurst Bryan, Tx 77801 Bk 6 Lt 1 (117X120 Ft) Tauber A&M Methodist Church 417 University Dr Bk 2 Lt 10,11 Boyett University Book Store, Inc. Bk 2, Lt 8,9 Drawer Ct College Station, Tx Boyett First Baptist Church pf College Sta t :=:: Bk 2 Lt 12 P.O. Drawer EN College Station, Tx S7840 Boyett -· - Ordinance No. 850 Zoning Ordinance Page 37 6-R. Front and Side Yard Fences. No fence shall be construed to be a structure, nor shall it require a building permit. SECTION 7. MINIMUM PARKING REQUIREMENTS 7-A. PURPOSE: It is the purpose of this section to establish the guidelines for off-street parking space consistent with the proposed land use to: (1) eliminate occurrence on non-resident on-street parking in adjoining neighborhood; (2) avoid the traffic congestion and public safety hazards caused by a failure to provide such parking space; and (3) expedite the movement of traffic on public thoroughfares in a safe manner and thus increasing the carrying capacity of the streets, reducing the amount of land required for streets and the cost to both the property owner and the City. 7-B. OFF-STREET PARKING SPACES REQUIRED: In all districts, for all uses, there shall be provided at the time any building or structure is erected or enlarged or increased in capacity, or at any time any other use is established, off-street parking spaces for motor vehicles in accordance with the requirements specified herein. 7-B.l. DIMENSIONS AND ACCESS: Each off-street parking space for a~tomobiles shall have an area of not less than nine feet by twenty feet (9'x20'). Each off-street parking space for truck unloading shall have an adequate unloading area. Each parking space and the maneuvering area thereto shall be located entirely upon private property except as set forth in the Street Ordinance (Ordinance No. 608). There shall be adequate provisions for ingress and egr~ss to all parking spaces, and there shall be adequate maneuvering space to elimfnate backing into public right-of-way on major streets as defined in the Street Ordinance (Ordinance No. 608). 7-B.2. OFF-PREMISES LOCATIONS: For any new use, building or structure where the required off-street parking cannot be provided on the premises because of the size or the location of the lot, or building plot, such parking may be ,provided on other property .under the same ownership not more than two hundred (200) feet distant from the building site and provided the proposed parking area is located in a district where parking lots are permitted .. 7-B.3. DEVELOPMENT AND MAINTENANCE OF PARKING AREA~ Every parcel of land here- after used as a public parking area, including commercial parking lots, auto- mobile, farm equipment, mobile home, trailer, or other open-air sales lot, shall be developed and maintained in accordance with the following requirements; 7-B.3.l. SURFACING: Except as otherwise provided, all off-street parking areas shall be all-weather surfaced, shall be installed, graded to drain, and maintained so as to dispose of surface water accumulated within the area, for all parking areas for more than five (5) vehicles. Parking spaces shall be so arranged and marked as to provide for prderly and safe parking of vehicles. Surfaces shall be subject to approval by the City Engineer. Ord in anc e No. 850 Zon i ng Or dinance Page 54 11-B.4. To initiate on its motion, or cause to be presented by interested property owners, action to bring about the discontin uance of a nonconforming structure under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance; 11-B.5. To authorize upon appeal variances of the yard, lot width, lot depth, signs, m1n 1m um setback, off-street parking or off-street loading regulations from the terms of this ordinance as will not be contrary to the public interest, where owing to unique and special conditions of the land not normally found in like distrcits a strict enforcement of the provisions of the ordinance by the Zoning Official would result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done. 11-C. ORGANIZATION OF THE BOARD: The Board of Adjustment shall consist of five (5) members who are residents of the City and qualified voters. Each shall be appointed for a term of two (2) years, except that two (2) members appointed in- itially shall have terms of only one (l) year. After the initial appointments, two (2) members shall be appoi nted in odd numbered years to maintain a membership of five (5) members. Members shall be removable for cause by the City Council upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. However, the City Council may provide for the appointment of four (4) alternate members of the Board of Adjustment who shall serve in the absence of one (1) or more regular members when requested to do so by the Mayor. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal as the regular members. 11-D. RULES AND REGULATIONS: The Board shall develop and adopt rules in accordance with the provisions of this ordinance. Meetings Df the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such · Chairman, or in his absence the acting Chairman~ nfay administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to· the public. The Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board (the office of the City Secretary}_and shall be a public record. 11-E. APPEALS: Appeals to the Board of Adjustment may be .taken by any person aggrieved or by any officer, department, board, commission .or committee of the City affected by any decision of the Zoning Official. Such appeal shall be made within thirty (30) days of the date of the notification by filing with the Zoning Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Zoning Official shall forthwith transmit to the Board all the papers consituting the record upon which the action appealed from was taken. ' ,' TO WHOM IT MAY CONCERN: Pu.BWGAT10/,.J DAT£" A P/l.tl-' 5, ,181 The Zoning Board of Adjustment for the City of College Station will consider a request for a variance in the name of: Anthony Home Builders, Inc. P. 0. Box N. N . College Station, Texas 77840 Said case will be heard by the Board at their regular meeting in the Council Room, College Station City Hall, 1101 Texas Avenue on Tuesday, April 21, 1981 at 7:00 p.m. The nature of the case is as follows: Applicant is requesting a variance from the rear setback requirement in an R-1 Single family zone (from a minimum of 25' to 10') due to the shape and ~levation of the lot. 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 ZONING BOARD OF ADJUSTMENT FILE NO. ---- " Name of Applicant !7tJTfl/JNf/ f/tJfr/t fJOJlOEB S //UC· Mailing Address __ P~. o"'i-. ....._.,,{J;o--=-~x~~N~, ~tV~j-f--'C~o~~fl ....... e"-'t'J ..... e-J_f.~q'-'-f~, ·~O~Y>-;1-1--'-f>...._x_,Z---'-'7 J'"'-4-.Y...,;o __ _ Phone 6 9 6-a:£6/J Location: Lot _0=-·-Block -'--' +-/ __ Subdivision Description, If applicable -----------------------~ Action requested: \krianre fo 5e.t ~e-k reg v /yeynen f. 0 n Aett '< fro '/Y\ J,, 'S' -\-o \ O ' .-. -I NAME ADDRESS (From current tax rolls, College Station Tax Assessor) --------------~·· ZONING BOARD OF ADJUSTHENT FILE NO. Pres.ent zoning of land in question R-\ .S ~ ";/ q \ "~ £ O...M ~ \ '"" -'-'--'-~:>.L...>...0..::-~1-'--""--.._,.,,'"'-=-~~~\------~- Section of-ordinance from which variance is sought _,6.._-_,G:r:::o..-_~~'S.:::.."._,,. .• _,_,, >'--'!_._'C_,li>~r.A"--Y~o..i'f.ur,:.L\...,;::s,L-- \ The following ·specific variation from the ordinance is requested: ------- l QI This variance is necessary due to the following unique and special conditions of the land not found in like districts: O f 1 ... or f:\~--=tr~t__.T__.r-=-~EM'-'--lf ___ D:-LR_..;:D~P-·_,_\ N~----- ~LEVAT1Df0 r.:-'! M 1 f5 BU 11.-0 lhl6 PiL~o AL.-T E t(l!'I.)(; ~Vl'-DrN6 \..1JtJ G-w 11-L.--S f-\ve fo0c-t:4'!::qe +r~Ps ... rS? The following alternatives to the requested variance are possible: f.J!--cr er-g, ~p::;.r-;;;; SMf\t-t..-E f2---; (-\-<::>'1/lG 4 To ({eMotl G /'oJr-hac3e ±rec=>S £roM Lo f-· This variance will not be contrary to the public interest by virtue of the following f~c~~: STBUGTUP--e QrJ ,_\ 01 1\) I oJ (') t 0 I I 5 55 / from pr o pPr !Ji I 1 'fl P ' I:L~co-~rL::bhLdis.f-47«, ; _-.. b ~f.wePJ'J e ><; c;fj y :;-+r ui-u v-e (} r.r! alo Jr\:Or->Cf .S r r u~f rJ Y~ ,~ - _UJJ .. : i R e G 5 ' , The facts state d by me in this application ar e true and correct. fl 1VTl!r.Jll)'( HOf'/I~ {j(}JL/)['(2j h t.J c.. b a /J-d0 -m4,~11 ~_&~'. __ _._J1-r-~Zl.-'--~,-_!___,__/--f3 '--"-/-<-....:C:9i~/ __ -r ftppli.cant n'ate Kenneth Mack 1708 Amber Ridge Dr. College Station, Tx 77840 BK 2 Lt 5 Wallace E. Kille 1706 Amber Ridge Dr. College Station, Tx 77840 BK 2 Lt 4 A P Lobrecht College Station, Tx 77840 BK 2 LT 2 & 3 John H. Brown 8602 Jade Dr. College Station, Tx BK 2, Lt 1 Elred E. Keahey · 1610 Emorald Pkwy College Station, Tx 77840 Bk 4, Lt 1 Barby-Walbridge Co Inc. Ste 203 4301 Carter Creek Pkwy Bryan, Tx 77801 BK 1, Lt 1 Michael R. Lane 710 Edgemore College Station, Tx 77840 Bk 1, Lt 2 EMERALD FORREST PHASE I Hal dee, Inc. 1607 Emerald Pkwy College Station, Tx 77840 Bk 1, Lt 3 Brittin L. Rice 1311 Austin Ave. College Station, Tx 77840 Bk 1 Lt 4 Haldec, Inc 1607 Emerald Pkwy College Station, Tx 77840 Bk 1, Lt 5 Maher Awward 8606 Topaz Ct College Station, Tx 77840 Bk 1, Lt 7 Hal dee, Inc. 1607 Emerald Pkwy --- Co 11 ege Station, Tx 77840 -Bk 1, Lt 8 & 9 DISTRICT USE SCHEDULE -TABLE A DISTRICT MIN. LOT MIN. LOT MIN. LOT MIN. FRONT MIN. SIDE MIN. SID E MIN. REAR MAXIMUM MAXIMUM AREA/D.U. WIDTH DEPTH SETBACK SETBACK STR. STB K. SETBAC K HEIGHT D.U.LACRE A-0 AGRICULTURE 5 acres 50 ft. 20 ft. 1 5 f t. 35 f t . OPEN R-1 SINGLE 5,000 50 ft. 100 ft. 25 ft. "D" 15 ft. 25 ft. 2.5 story 6.0 FAMILY sg. ft. 7.5 ft. or 35 ft. R-2 DUPLEX 3 ,Jn)O 110 ft. 100 ft. 25 ft. "D" 1 5 ft. 25 ft. 2.5 story 10. 0 s . ft. 7.5 ft . or 35 ft. R-3 TOWNHOUSE 2,000 20 ft. 100 ft. 25 ft. I "A""B" ) 15 ft. 20 ft. 35 ft. 14 .0 ROWHOUSE s . ft. R-4 APARTMENTS 25 ft. "A""B" 1 5 ft. 25 ft. 2 story 16.0 LOW DENSITY or 35 ft. R-5 APARTMENTS 25 ft. 11 A1111 B11 15 .ft. 20 ft. 45 ft. 24.0 MEDIUM DENSITY R16 APARTMENTS Determined by Site Pl an PermH; denisty approved by City Counci 1 HIGH DENSITY R-7 MOBILE HOME PARK See Mo bi 1 e Home Park Ordinance C-N NEIGHBORHOOD SEE 24 lt. SEE 25 ft. "A""B" 1 5 ft. "E"' 35 ft. BUSINESS 5-1 . 2. 5-.1 . 2 . C-1 GENERAL "C" 24 ; ft. 100 ft. 25 ft. "A" "B" 1 5 ft. "E" COMMERCIAL C-2 COMMERCIAL 100 ft. 25 ft. "A""B" 1 5 ft. "E" INDUSTRIAL M-1 PLANNED 100 ft. 200 ft. 25 ft. "A""B" 25 ft. "E" INDUSTRIAL M-2 HEAVY 25 ft. "A""B" 25 ft. "E" INDUSTRIAL C-U COLLEGE UNIVERISTY " CJ PLANNED UNIT . \0 PUD See Section 5..;N ro DEVELOPMENT w N See Notes on following page. Ordinance No. 850 Zoning Ordinance Page 34 6-F. STRUCTURES TO HAVE ACCESS: Every building hereafter erected or moved shall be on a lot or building plot with direct access on a public street, or with access to an approved private street. All structures shall be so located on lots or building plots as to provide safe and convenient access for servicing, fire protection, and the required on-site parking. 6-G. REQUIRED YARDS: Yards as required in this ordinance are open spaces on the lot or building plot on which a building is situated and which are open and unobstructed to the sky by any structure except as herein provided. 6-G.l. FRONT YARD REQUIRED: A yard facing and abutting a street and extending across the front of a lot or building plot between the side property lines and having a minimum horizontal depth measured from the front property line to a depth of the setback specified . for the district in which the lot is located. The required front setback line represents the line in front of which no building or structure may be erected except that porches and steps open on three (3) sides located along not more than one-half (1/2) of the building may project a maximum of six (6) feet into the required front yard. Balconies, decks, signs and marquees located more than eight (8) feet from the ground may project up to six (6) feet into the required front yard. 6-G.2. REAR YARD REQUIRED: A yard extending across the rear of the lot or building plot between the side property lines and having a minimum depth measured from the rear property line as specified for the district in which the building plot is located. There shall be no intrusion into the required rear yard by stairways, balconies or other building extensions to more than six (6) feet. 6-G.3. SIDE YARD REQUIRED: A yard located on a lot or building plot extending from the required rear yard to the required front yard having a minimum width measured from the side property line as specified for the district in which the building plot is located. 6-H. MAJOR RECREATIONAL EQUIPMENT: For the purpose of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not . No such equipment shall be used for living, sleeping, home occupation, or household purposes when parked or stored on a residential lot, or in any location not approved for such use. 6-I. PARKING AND STORAGE OF CERTAIN VEHICLES: Automotive vehicles or trailers not bearing current license plates and state motor vehicle inspection stickers, excluding racing cars, antique cars and cars belonging to members of armed forces who are on active duty, shall be parked or stored on any residentially zoned · property only in completely enclosed buildings 6-J. SCREENING FENCES REQUIRED: (1) Where there is a common side or rear lot line or lot lines between business, commercial or industrial land and developed residential areas, the owner of said business, commercial or industrial land shall erect a fence that properly screens adjacent residential lots from adverse influences such as noise, vehicular lights, trespass, and other adverse influences Ordinance No. 850 Zoning Ordinance Page 54 11-B.4. To initiate on its motion, or cause to be presented by interested property owners, action to bring ab ou t the discontinuance of a nonconformin g structure under any plan whereby full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regul ations of this ordinance; 11-B.5. To authorize upon appeal variances of the yard, lot width, lot depth, signs, m1n1mum setback, off-street parking or off-street loading regulations from the terms of this ordinance as will not be contrary to the public interest, where owing to unique and special conditions of the land not normally found in like distrcits a strict enforcement of the provisions of the ordinance by the Zoning Official would result in unneces sary hardship, and so that the spirit of this ordinance shall be observed and substanti al justice done. 11-C. ORGANIZATION OF THE BOARD: The Board of Adjustment shall consist of five (5) mem bers who are residents of the City and qualified voters. Each shall be appointed for a term of two (2) years, except that two (2) memb ers appointed in- itially shall have terms of only one (1) year. After the initial appointments, two (2) members shall be appointed in odd numbered years to maintain a membership of five (5) members. Members shall be removable for cause by the City Council upon written charges and after a public hearing . Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. However, the City Council may provide for the appointment of four (4) alternate members of the Board of Adjustment who shall serve in the absence of one (1) or more regular members when requested to do so by the Mayor. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members and any vacancies shall be filled in the same manner and shall be subject to removal as the regular members. 11-D. RULES AND REGULATIONS: The Board shall develop and adopt rules in accordance with the provisions of this ordinance. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his absence the acting Chairman, ·may administer oaths and _., compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office ·of the Board (the office of the City Secretary) and shall be a public record. 11-E. APPEALS: Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, commission or committee of the City affected by any decision of the Zoning Official. Such appeal shall be made 1 , within thirty (30) days of the date of the notification by filing with the Zoning Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Zoning Official shall forthwith transmit to the Board all the papers consituting the record upon which the action appealed from was taken. AGENDA City of College Station Zoning Board of Adjustment Apri 1 21 , 1981 7:0 0 p.m. 1. Approval of Minutes of January 20, 1981 and March 24, 1981 meetings. 2. Consideration of a request for a variance to the parking requirements for a restaurant in the name of L & R Foods, Inc., 2700 Texas Avenue. 3. Consideration of a request for a variance to the rear set- back requirement in the name of Anthony Home Builders, Inc. 4. Discussion of policy concerning non-conforming uses. r· 1·•· ZONING BOARD OF ADJUSTM ENT CALL THE FOLLOWING (GET AN ANSWER AS TO WHETHER OR NOT THEY WILL BE AT THE MEETING.) IF THEY ARE UNAVAILABLE, HAVE THEM RETURN THE CALL. W. W. Harper 1103 Berkley College Station, TX 77840 845-1015 or 696-8521 Dr. Chris Ma thewson 1307 GI ad e St. College Sta tion, TX 77840 845 2451 or 693 -5382 Dr . G. Wa gner 27 12 Sandy Circle Coll ege Sta tion, TX 77840 845 -4221 or 693 -0613 Pat Boughton 1814 Leona Drive College Station, TX 77840 693 165 ~L (!ft3-l6h7 Violetta Burke (VIE) 1010 Madera Drive -A~ •• lbLJ College Station, TX 77840 ffV:,.._~- 845 -2432 0 93-{0:l f {)/' Jack !Jpham ~ 1209 Munson Ave. E. College Station, TX 77840 61J -li681 NOT ATTEND MEMORANDUM TO: FROM: SUBJECT: City of College Station POST OFFIC E BOX 9960 I IOI TEXAS AVENUE COL LEGE STATION. TEXAS 77840 April 10, 1981 Planning and Z~ri~g Commission Jim Callaway \;\ \ . ·~ ' \ Rezoning Requests ; meeting of April 16, 1981 AGENDA ITEM Nb. 3 -Requested C-1 to R-5, Homefinder Realty -The tract under consideration is located along the east side of Meadowland St., across from the recently developed Northpark Addition. The area which includes the Northpark Addition was rezoned to R-5 in August, 1980, and was developed by the applicant of this pending request. The development of the Northpark Addition resulted in upgrading the area by providing improved ~ccess and utilities. Adjacent tracts In this area are currently zoned C-1, C-2 and R-5. The requested R-5 zoning would be compatible with the adjacent zoning districts and land uses. The tract under consideration has an area of 43,264 square feet. This would allow a maximum of 23 dwelling units if zoned R-5. Development to this density would be difficult, as part of the tract ls laid out to provide access to Texas Avenue. The area is shown as Medium Density Residential and Commercial on the current land use plan. Approval of the request is recommended. AGENDA ITEM NO. 4 -Requested C-N to R-4, Enloe Construction This 3.34 acre tract is located on the west side of Welch at Nueces. The tract is iil'jjaceo.t to a C-1 tract for which the Commission 11 duf denial of a ... s~''t' request for R-5 zoning on February 18, 1981. The reasons given for denial \Jo'' of that request are still valid.· The area is shown as Commercial and Low Density Residential on the land use plan. There will be a need for a commercial area to serve that neighborhood as further development occurs in the area. The tracts adjate~t to the tract under consideration are currently zoned C-1 and R-1. The adjacent R-1 tracts are owned by the College Station Independent School District. Development of these properties for school uses will be under the Conditional Use Permit procedures and compatibility with the C-N tract can be assured. Likewise, the requirements for Commission approval of C-N uses and site plans insures that the tract will be developed in compatibility with the surrounding properties. This tract, if zoned R-4, would allow a maximum of 53 dwelling units if developed as an apartment project with no dedicated public streets. Denial of the request is recommended.