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HomeMy WebLinkAbout153 ZBA Regular Meeting 5.19.81-f ,· ... .· .... I .. -; g~ ·.:; . ! i ! NOTICE OF MEETI~G OF TIIB GOVEHNING BODY OF Zoning Board of Adjustment Notice is here by given that a ~~~-r_e_g_u_l_a_r~--~~--~ meeting in the (Regular or Special) _Z_o_n_i_n~g'--B_o_a_r_d~o_f_A~d~j~u~s~t~m~e~n~t'------of the City of College Station, State of Texas will be held on the 19th day of ----- . 7:00 p M., in the City Hall at College Station, Texas. The following subjects will be discussed, to-wit: See Agenda DATED THIS THE 15th DAY OF _____ ___.~_....1a"-dy,___ ____ , 19 81 . I, the undersigned authority, do hereby certify that the above Notice of J:1e~ting 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 May 15, , 19 ~-----~-----~ 81 , at 8:30 o'clock A M., and remained continuously for at least 72 hours preceding the scheduled --- time of said Meeting. DATED THIS THE -~1_5_th~ DAY OF ______ M_a-"-------' 19_8~1"--- SUBSCRIBED AN D SWORN TO BE FORE ME ON TH I S TH t. _.15.!b_ DAY OF May N~~~' TEXAS . My commissi o n e::t pi res : 4/14/84 ··::·:.:· , 19__,8~1~ l -_ :----- ~ ,,,. \ .,. r ...... •. . ../ ;""·~ ......... .. ..... , ..... :#" .. ~ -:. .. . - ..; ZONING BOARD OF ADJUSTMENI' 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 Bereley College Station, TX 77840 Office: 845-1015 Home: 696-8521 Dan McGilvray 2816 Henry Ct. College Station, TX Office: 845--l 22 J Home: 693-4672 Dr. G. Wagner 2712 Sandy Circle College Station, TX Office: 845-4221 77840 77840 ( E.t.. , .A Home: 693-0613 /?7011,,-fc,,( Pat Boughton / 1814 Leona Drive College Station, TX 77840 Home: 693-1654 Violetta Burke (Vie) 1010 Madera Drive College Station, TX 77840 Office: 845-2432 '193 -1 o;;ij> Jack Upham 1209 Munson Ave. E. College Station, TX 77840 Home: 693-4681 ATTEND NOT 7 ' AGENDA City of College Station Zoning Board of Adjustment May 19, 1981 7:00 p.m. 1. Approval of Minutes of April 21, 1981. 2. Gonsideration of a request for a variance to the off-street parking requirements for an arcade in the name of Edward J. Walsh, 315 University Drive, College Station, Texas. 3. Consideration of a request for a variance to the side yard set back requirements for the expansion of A & M Presbyterian Church office, 301 North Church Avenue, College Station, Texas. 4. Other Business 5. Adjourn - MINUTES City of College Station Zoning Board of Adjustment April 21, 1981 7:00 p.m. MEMBERS PRESENT: Harper, Upham, Wagner, Boughton MEMBERS ABSENT: Mathewson, Burke STAFF PRESENT: Ass't. Director of Planning, Jim Callaway; Zoning Official, Jane Kee; Planning Technician, Joan Keigley AGENDA ITEM NO. 1 -Approval of Minutes of January 20, 1981 and March 24, 1981. Upon motion by Boughton, second by Harper and a unanimous vote, the minutes of January 20, 1981 and March 24, 1981 were approved. AGENDA ITEM NO. 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. Chairman Harper announced the agenda item and opened the floor to discussion. Mr. Johnny Lampo, Chairman of L & R Foods, Inc. stated that he and his two sons were interested in purchasing the property located at 501 University Drive E., for the purpose of opening a restaurant. He further stated that in that area there was not sufficient parking to meet the zoning requirements; but the nature and type of their business and the hours of operation, 9:00 a.m. to 9:00 p.m. should cause less problems than the present business in operation there. He stated that he and his sons have a contract of purchase on the property at this time, but have not closed the deal, and do not intend to do so unless they have a favorable ruling from the board to waive the parking requirements in that area. Wagner asked Mr. Lampo what seating capacity was planned. Mr. Lampo stated their plans called for a seating capacity of 66. He stated that the present owner is The Answer, which is a non-profit organization, and his feeling is this new use as a restaurant will actually decrease the amount of parking re- quired. Chairman Harper asked how many employees they planned to have. Mr. Lampo stated a maximum of seven employees, and most of them would be students and would probably walk to work. Mr. Upham states his main concern was there are only 3 parking spaces available, and he was not convinced that most of the emplo y ees would walk to work, rather, he felt most likely whatever parking was available would be used by employees and not be available for customers. Chairman Ha rper stated it was his feeling that the hours of operation proposed by Mr. Lampo would .not be exacerbating the e x isting parking problem; but the local churches in the are a already complained of their parking lots being used by customers of business e s in the area which conflicted with evening meetings. Zoning Board of Adjustment -April 21, 1981 7:00. p.m. Mr. Upham asked what arrangements or guarantee for arrangement for parking space for employees would Mr . Lampo make. Mr. Lampo stated th ey 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 Mr. Lampo were a plus. Chairman Harper p oin ted out to Hr. Lampo that only four board members were present and it required four votes for a motion to be passed. Chairman Harper th en presented th e following motion for consideration: That the variance for minimum off-street parking requirements on the property in question be approved since it do es 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 variance. The motion was seconded by Mr. Wagner and failed with the following vote. In Favor: Boughton, Wagner, Ha rper Abstaining: Upham Mr. Upham stated part of his pra·blem was his personal acquain tance with the applicants, and prior conversations with rega rd to the property with Mr. Lampo's son; and he wanted to make it clear that Mr. Lampo's son was not aware that if any variance · was requir ed they would have to appear b efo re a board upon which Mr. Upham served. He stated if there was a way it could be handled to assure the other board memb e rs there was indeed no conflict of int e rest, he would vote on a motion, if presented. Ch airman Harper asked Mr. Lampo would he guarantee they would lease additional parking spaces for their employees? Mr. Lampo stated he would b e glad to make that guarantee , provided he had a source for such parking, but at this time , it was impossible to firmly guarantee they would b e able to secure additional parking. He assured the board they would make every effort to comply with this request and would agree to report their arrangements to the zoning d epartment. Chairman Harper th e n present e d the following motion for consideration. That the variance r eq u es t as pr esen ted be approved based on the assurance of the applicant th at adeq uat e parking will b e secured and provided for his employe es , and reporting to the zonin g departm e nt of the ar rangements that had bee n made. Seco nd was giv e n by Mr. Upham a n d re ce iv ed unanimous approval. AGENDA I TEM NO. 3 -Consideration of a request for a varianc e to the rear set- back requir ement in th e n ame of Antho ny Home Build ers , Inc. Mr. Ca llaway stated that thi s l o t is lo cated in th e Emerald Forest Subdivi sion. The app lica nt h as ma d e this requ e s t b ecau se of top ographic a l problems with the lot and th e construction of th e hou se o n tha t lot. Anthony R. Boa t callie , applicant for square footage r e quirement in Emerald construction is a spl it l eve l h o u se . the variance requ est, explained that the minimum Forest is 1,800 sq. ft . The hous e proposed for Ther e is a 7 ft. drop in the lot which do es not .. ' Minutes _zoning Board of Adjustment April 21, 1981 7: 00. p. m. rage t:nree lend itself to satisfactory construction of this house with the required rear set- back. Mr . Upham stated that in order for this board to be able to approve a variance request of this type, ther e needed to be unique and unusual circumstances which made such approval justifiable. Chairman Harper pointed out that he believed there were five unique and unusual cir- cimstances involved with this application; they are, topography, size of lot, shape of lot, location of lot and the square footage construction requirement. After a discussion it was determined that the needs of the applicant could be met if the rear set-back was cut down from 25 ft. to 10 ft. Chairman Harper presented the following motion for consideration: That there five unique and unusual circumstances affecting the lot upon which the variance request is made; and the developer's problem can be eliminated by approval of the board of reducing the required rear set-back from 25 ft. to 10 ft. Second was given by Boughton and the motion was unanimously passed . AGENDA ITEM NO. 4 -Discussion of policy concerning non-conforming uses. Mr. Callaway reported to the board that he had been working with the City Attorney in developing a policy concerning non-conforming uses. The following determination has been made: Building Permits requested for a structure on a lot where other structures are non-conforming and the non-conformity is not one of use, but involves set-backs, signs, etc., and the request is in compliance with all provisions of the Zoning Ordinance, then the permit shall be issued. Nr. Callaway stated this is the procedure which has been followed in the past with residential property, and should be beneficial to use in all cases in the future. At this time Mr . Callaway introduced Jane Kee who is now the Zoning Official and will be making the pres entat ions to the Zoning Board of Adjustment in the future, and Joan Keigley, Planning Technician who will be helping with minutes and records. There being no further business to come before th'e body, upon motion by Mr. Upham, second by Mr. Wagner, the me eting was adjourned. LEGAL NOTICE: DATE (S ) TO BE PUBLI SHED : BI LL TO: THE CITY OF COLLEGE STATION P. O. BO X 9960 COLLE GE STATION, TEXAS 77840 TO WHO M IT MAY CONCERN: Th e Zoning Board of Adjustment f or th e City of College Station will consider a request f or a variance in the name of: Edward J. Walsh Drawer U College Station, Tex as 7 7841 Said case will be heard by the Board at their , regular meeting in the Council Room, College Station City Hall, 1101 Texas Avenue ·on 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 p~rking spaces required for retail businesses (1 space per 300 sq. ft. plus 1 sp·ace per two employees) be waived . Further information is available at the office of the Zoning Official of the City of College Station, (713) 696-8 868 ext. 247 . Jane Kee Zoning Official ZONING BOARD OF ADJUSTMENT FILING PROCEDURES (1) In order for the Board to consider a case, there must be on file a complete application for a building permit which has been rejected by the Building Official and a completed "Request for Variance" application. If some unique circumstance renders a full design imprac- tical, and if the Board consents, the appeal may be based on a decision rendered in writing by the Building Official in reply to the applicant's written -inquiry as to the effect of a parti- cular zoning requirement on a proposed plan. A complete appli- cation for variance must also be filed along with any drawings or data necessary to show the nature and extent of the variance. (2) The complete application must be received by the Zoning Board ·~ec~etary no later than noon on the Friday preceeding the publication date. (3) The applicant must be present at the meeting of the Zoning Board of Adjustment meeting for the application to be considered. (4) There will be no item placed on the Board agenda nor any notice published until all of the materials mentioned above are complete and in hand. We provide no materials to the Board in support of a variance except that which we receive from the applicant and can reproduce in-house ( 8 1/2 x 14 max. size, line work} . (5) Application; page 1 (a) Must be typed by the applicant. (b) Owners within 200 feet may be determined by scale from the 1"=100' scale street map series on file in the Office of the Building Official. Owners whose property in any part falls witpin the 200 foot distance should be listed. Measurement starts from the property line of the lot or tract in question, or, if the tract is bounded by a street, from the opposite side of the street. (c) The names and addresses must be as they appear on City tax rolls, even if they are wrong or out of date. (d} Additional notices will be sent to any corrected ~ddress the applicant supplies, when he feels there is an error with the tax rolls. Application; page 2 (a} The Zoning Board secretary will assist you in finding the zoning of the tract, identifying the section of the ordinance and specifying the varia- tion. (b) The remaining sections address themselves to the three findings that the Board must make in order to grant a variance. If the Board cannot agree with any one of these, they will not be able to grant the variance. (c) If you can not fully explain your request by the questions asked on the form, a letter will be required, explqining the full im ~lications of the request. The application will not be considered completed until this letter is submitted. (6) -The application will be sent to the Building Official, City Engineer and the Fire Marshall for comment on the case. (7) The application must be reviewed by the Zoning Board secretary before · it can be considered completed and filed. Notice will be given to the applicanb as to this consideration. (8) It is the responsibility of the applicant to complete all phases of the application filing and to check to be sure his application is considered complete by the Zoning Board secretary. (9) The applicant will be notified as to the date the applica- tion will be considered by cert~fied mail. There will be no other reminders of the meeting, other than when the applicant phones the office. (10) Notice of the hearing will be published on the Wednesday preceeding the meeting and will be mailed by the off ice of the Zoning Board secretary to the owners within 200 feet and the applicant. The ~omplete application must be recieved by noon on the Friday preceeding the date of publication in order for us to meet the publisher's deadline. (11) Should any person desire to appeal a decision of the Board, he should so state after the conclusion of the hearing. The chairman will complete his statement of findings which will constitute filing of the decision. Minutes of the meeting, subject to approval of the Board, will be prepared by the close of business on the following day. A duplicate tape of the proceedings will be made available to the appellant's attorney upon request and upon receipt of compensation for the 120 minute cassettes used for the duplication. No transcript is made of the hearings. Minutes of the proceedings are para- phrased as appropriate, in the judgement of the recorder, to reflect points of the discussion pertinent to the decisions r~ndered. ZpNING BOARD OF ADJUSTMENI' FILE NO. REVIEW AND C'OM-IBNT: Building Official REVIEW AND CXM1ENI': Fire Marshall REVIEW AND COM1ENI': City Engineer DATE SET FOR HEARING -------------------------- ADJOINERS NOTIFIED --MAILING DATE -------------------- .. ,, The Zo ning Board of Adjust:rrent has examined the facts presented herein and reflected in the minutes of the p ublic rreeting o f ----------------and have de ~ed that the requestE->d variance ( IS I IS NOT ) contrary to the public interest and that unique and special conditions ( ro / ro Nar exist as s taed here in and as reflected i n the minut es of the Board's proceedings and the variance as r equested herein ( IS / IS NYr ) approved subject to the foll0t1ing t errns and conditions: Chairperson Date zoning Board of Adjustment NOTE : Any person or persons or any taxpayer or any officer, department, board, commission 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 cour-f; within ten (10 ) days after the filing o f the decision in the offiee of the Board. Z-1.S A-p O<.c-ko/;- ~ w~: tYLQAy)O: tto-h c..L ~Per~· ~·~J'D+ ~f. QM.)~ ~ -~ ' ...