HomeMy WebLinkAbout152 L&R Foods Inc. 4.21.81 DBA Farmers Market(
MINUTES
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Zoning Bo ard of Ad j u s t me nt
April 21, 19 8 1
7:00 p.m.
MEMBE RS PRESENT: Harper, Upham, Wagn e r, Boughton
MEMBERS ABSENT : Mathewson, Burke
STAFF PRESENT: Ass't. Director of Planning, Jim Callaway ; Zoning Officia l,
Jane Kee; Planning Technician, Joan Kei gley
AGEND A ITEM NO. 1 -Approva l of Minutes of January 20, 19 81 and March 24, 1981.
Upon motion by Bou ghton, second by Ha rper and a unanimous vote, the minutes of
January 20, 1981 and March 24, 1981 were approve d.
AGEND A ITEM NO. 2 -Co nsiderat ion of a reque s t for a varia nce to th e parking
requirement s for a r es taurant in the name of L & R Foods, Inc., 2700 Texas Avenue .
Chairman Harper announced th e agenda item and opened the floor to discussion.
Mr . Johnny Lampo, Ch airman of L & R Foods, Inc. stated th at he and his two sons
were int ere sted in purchas i ng the prop e rty loc a ted at 501 Un iversity Drive E .,
for the purpose o f opening a restaurant. He further sta ted that in that area
there was not sufficient parking to me e t th e zoning requ irements; but the natur e
and t ype of their busine ss and the h o urs of operation , 9:00 a .m. to 9:00 p.m.
should cause le ss problems than the present bu siness in operation th e r e . He
stated that he and his s ons have a contract of purchase on the prop erty at thi s
time, b ut have not closed the deal, and do not intend to do so unless they h ave
a fav orable rul i n g from the board to waive the p a rking re qu ir ements in that area.
Wagner asked Mr. Lam po what seating capacity wa s pla nn ed .
Mr. Lampo .stated th e ir plans called for a seating capacity of 66. He stated th a t the
pres en t owner is The Answer, which is a non-prof it organiz a tion, and his feeling
is this new use as a restaurant will actually decrease the amount of p a rking re-
quired.
Chairman Harper asked how many employ ees they planned to have.
Mr. Lampo stated a maximum of seven employees , and most of th em would be student s
and would probably walk to wo rk.
Mr. Upham states his main c o ncern was there are only 3 parking spaces available ,
and h e was not co nvinced that most of th e employees wou ld wa lk to work, rather,
he felt most likely wha t ever parking was av a ila ble would be u sed by emp loyees and
not b e available for custome rs .
Chairman Harper sta t e d it was his feeling th at the hour s of operation propos e d by
Mr . Lampo wo uld not b e exacerbating th e ex i sting parking prob lem; but th e lo cal
c hurc hes in th e area already com plai ned of t heir parking lots b eing u sed b y customers
of bu sinesses in th e a r ea which conflicted with eve ni ng meetings .
(
Minutes .
Zoning Board of Adjustment
l \pril 21, 1981
7:00 p.m.
!'age i:wo.
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empl o y ees woul d Mr . Lampo mak e .
Mr. Lampo stated they would have to negotiate with other property owners in the
area.
Mr. Wagner stated he felt most of the problems were up the street from this location
and the hours of operation proposed by Hr . Lam p o were a plus .
Chairman Harper pointed out to Mr. Lampo that only fo u r board members were present
and it required four votes for a motion to be passed.
Chairman Harper then presented the following motion for consideration:
That the variance for minimum off-street parking requirements on the property
in question be approved since it does not represent a substantial change from
the present use in parking and it would be in the best interest of the community
to approve the varianc e . The motion was seconded by Mr . Wagner and failed with
the following vote.
' In Favor: Boughton, Wa g n e r, Harper
Abstaining: Uph a m
Mr. Upham stated part o f h i s pvablem was his p e rsonal acquaintance with the applicants,
and pr~or convers a tions with regard to the pro p erty with Mr . Lampo 's son; and he
wanted to make it cl e ar that Mr. Lampo's son was not aware that if any variance
was required they wo uld h ave to appear b e fore a board upon which Mr. Upham served.
Re stat ed if ther e was a wa y it could be handl e d to assur e the other board members
there was inde e d no conflict of interest, he would vote on a motion, if presented.
Chairman Harper as ked Mr. Lampo would he guaran tee they would lease additional
parking spaces for their employees?
Mr . Lampo stated n e would be glad to ma k e that guarantee, provided he had a source
for such parking, bu t at this time, it was i mpossible to firmly guarantee they
would be able to s e cure additional parking. He assured the board they would make
every effort to comp l y -with this request and would agree to report their arrangements
to the zoning dep a rtment .
Chairman Harper th e n presented the following motion for consideration .
That the varian ce reque st as presented be ap p rov ed based on the assurance of
the applicant that ad e quate parking will b e secured and provided for his employ ees,
and reporting t o the zoning departm e nt o f the a rrangements that had been made.
Second wa s give n by Mr. Upham and re ce ived unan i mous approval.
AGENDA IT EM NO. 3 -Considerati o n of a r eq u es t f or a varianc e to th e re a r set-
back requir emen t in the nam e of Anthony Home Build e rs, Inc .
Mr. Callawa y st a t e d that this lot is lo ca t e d i n the Emer a ld Forest Subdivision.
The ap p l i cant ha s ma de this requ e st b ecau s e of to pographica l problems with th e lot
and t he con s truction of th e hou se on tha t l ot .
Antho n y R. Boatcalli e , applic a nt for
squar e footag e requir e me nt in Em e rald
construction is a split leve l house .
th e v a ri ance requ es t, explain e d tha t th e min i mu m
Fo r e st i s 1,800 sq. ft. The hou se propo s e d for
There i s a 7 ft . drop in the l o t which d oes not
p 299 983 992
REC E!f>T FOR CERTI FIED MAIL
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: : STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTI IED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If· ant this receipt postmarked, stick the gummed stub on the left portion of the address side of e article, leaving the receipt attached , and present the article at a post office service window or band it to your rural carrier . (no extra charge) 2. If you do not want this receipt pgstmarked , stick the gummed stub on the left portion of the address side of the article , date , detach and retain the receipt, and mail the article . 3. If you want a return receipt , write the certified-mail number and your name and address on a return receip t card , Form 3811 , and attach it to the front of the article by means of the gummed ends if space permits . Otherwise , affix to back of article . Endorse front of article RETURN RECEIPT REQUESTED adj acent to the number. •• 4. If yo u want del ivery restricted to the addressee , or to an authorized agent of the addressee , endorse RESTRI CTED DELIVERY on the front of the article. 5. Enter fees for th e service s requested in the app ropriate spaces on the front of this receipt. If return recei pt is reques ted , che ck the applicable block s in Item 1 of Form 3811 . 6. Save this receipt and present it if you make inquiry . t<GPO: 1980 331-003
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..
C ity of College Station
POST OFFICE BOX 9960 I I 0 I TEXAS AVENUE
COLLEGE STATION. TEXAS 77840
April 30, l 982
Sammie Lampo
Farmer's Market Sandwich Shop
329 University Drive
College Station, Texas 77840
RE: Hours of Operation of Restaurant to be located at 501 University
Ori ve East
Dear Mr. Lampo ,
At the ZBA meeting on April 20, 19 82 under "Other Business" I asked the ·
Board Members if the hours of operation as stated by the applicant at
th~ meeting on April 21, 1981, was a consideration in their granting
of the variance requested. Each member present at the meeting in 1981
was present at the above referenced meeting except Mr. Jack Upham.
Each indicated that the hours of operation was a prime consideration
along with the limit of 66 seats and the location of the building.
Therefore, if you wish to operate the restaurant beyond the hour of
9:00 P.M. for other than "call-in -de livery service" only, you will be
in violation of the conditions of the variance granted unless you have
appeared before the ZBA again and had this condition removed.
If .r !may be of any assistance please let me know.
Sincere~~~ ~Kee u~~n~·Official
JRK: vw
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C OL U _:":G ~: ST,-\TIO:'<. TC<1\S 7 78-l-O
i '1r . Johnny L anpo
L & R F o ods
27 00 Texas Avenue
Bryan , TX 77 8 01
RE : Park i ng Variance for F oo d Service
Es t a b lishment at 501 Univer sity,
Co llege 3l:ation
Dear ~1 r . L ampo :
I h ave revie\ .. 1ed the circums t a!"!_ce s of the above variance
~-li th Hrs . i<ee .
As you are aware , th e Zon ing Board o f Adjustment granted
a varian ce as .t o the p a rkin g requi~eme nts set forth in the
c ity zoning ordinance . Th at varian ce was based on several
special condi t ions , including th e p ropos ed hours o f o pe rat i on .
It was t he staff 's original fee l in g that th e hours o f operation
\'!ere o f p rime im::;>ortan c e in this d e cision , a nd subs eque nt inqui r y-
b efore t he Bo aid at its l a st meet i n g c o nfirms this i mpress ion.
Th is letter v1ill confi rm Hrs . Kee ' s rec e nt corres p ond e nce
u ith y ou conce r ning the p er~itted t ime of o peration s . If
o perati o ns are continuing after th e hour o f 9 :00 P .M., the sta ff
1.·1ill re que st the Board to make an official interpreta tion o f the
v ariance , and to authorize enforce~ent ac t ion .
If y ou do intend to op erate a ~ter 9 :00 P .M., I would sugges t
the r e consideration of this ma tter by th e Board . Only in that
ma nner may we d ete r mine whethe r or not the rema ining circu m st ~nces
and special condition s will j us ti fy the v ar ianc e a s to parking ,
und er th e propo se d extended hours of o peration.
Plea se let me know if you h a ve any qu es tio ns conce rning this
matter , a nd I will do my b est to b~ cif a ssis t a nce.
L ?D:jls
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 (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 Station
Bk 2 Lt 12
P.O. Drawer EN
College Station, Tx g7840
Boyett
City of College Station
POST OFFICE BOX 9960 I IOI TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
April 15, 1981
Dear Sir:
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. DBA (Farmer's Market)
2700 Texas Avenue
Bryan, Tex as 77801
Said case will be hear<l by the Board at their regular meeting in
the Council Room, College Station City Hall, 1101 Texas Avenue o n
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
jk
ZONING BOARD OF ADJUSTMENT FILE NO. ----
Name of Applicant _ _.l_.&..._R~F ...... a..,_o...._d..._s __.I...._n...,c~uD.B ..... A::l........J{l--l.E ....... au.r.wm=e.._r_1 s~M.wau..r..,.k=e...._t+-) ------------
Mailing Address --~2uZ~D~OC-.J...Te~x~a~s"--'=A~v~e~n~ue~,_....B~r~y~a~n+,_IuX"--'7~7~8~0~1 ____________ _
Phone ---,-'8=2=2~-.... 64 ....... 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. Pertaining
to OFF-STREET PARKING SPACES REQUIRED.
NAME ADDRESS
(From current tax rolls, College Station Tax Assessor)
See attached schedu)e.
---·~-----------~------------------------~
..
ZO~ING BOARD OF ADJUSTMENT FILE NO.
The following ·specific ·v2riation 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 will not be contrary to the public interest by virtue of the following
.,, '.
fact~: The resta11rant wiJl be located across from T.A.MU, therefore the bblsiness
will be dependent solely on foot traffic, as proved by other restaurants located
in the immediate area.
application are true and correct.
L/-~ -6=1
Date
The zoning Board of Adjustrrent has examined the facts presented
herein and reflected in the minutes of the public rreeting of
~A¥p~r~i~J~2-l~,..--..1~9~B~l,--~~~~~~~and have determined that the
requested variance { ~ / IS l\UT ) contrary to the public
interest and that unique and special conditions ( 00 / ~ )
exist as staed herein and as reflected in the minutes of the
Poard's proceedings and the variance as requested herein ( IS/
ISXK@l' ) approved subject to the follo;ving terms and conditions:
Subject to the applicant seeking additional parking s p a ce f or
employ ees o f his business and reporting and furnishing evid e nce
o f such parking to the zoning department.
Chairperson Date
Zoning Board of Adjustment
NOTE : Any person or p ersons o r any t axpayer or any officer,
d epartment, board, commi ssi on or c ommi t tee of the Ci ty , joint ly or
s everal l y , a ggri e v ed b y an y decision of t he Board of Adju sbnen t ,
mo:J present to a c o v..rt of r ecor d a petition , v erified, setting forth
t hat s uch decisi on is illega l, i n whol e o r in part, s pec ifying the
g x'ounds of the iUega Zity. Su c h peti t ion shaU b e present ed to the
c ou.:i't w·i thin te n (10) day s after ·the fil i ng of the d eci s ion in the
o ffi ee o f t h& Board .
Pu5LtcA110A> \\A""TE..
Ara.t L 's , t '18 1
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
Bry ~: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.
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