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HomeMy WebLinkAbout188 Zoning Board of Adjustments April 19, 1983AGENDA April 19, 1983 7:00 P.M. Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS 1. Approval of Minutes -Meeting of March 15, 1983. 2. Consideration of a variance to the minimum lot depth (Table A) for town- house lots, in the Villa on the Rio Grande Subdivision (a new subdivision). Application is in the name of Tony Jones. 3. Consideration of a variance request to Section 8-D.9 of Ordinance 850 1 imiting commercial businesses to one detached sign. Application is in the name of Plantation Oaks Apartments/Tower Properties LTD. 4. Consideration of a variance request to Section 8-D.3 Ordinance 850 limiting the area of a sign to 150 square feet. Application is in the name of Monaco I I, Ltd., dba Aggieland 11 C11 Apartments. 5. Consideration of an appeal of a Planning & Zoning Commission decision denying site plan approval due to the lack of an 8 foot setback on a par k ing lot at 1806 Welsh Street. Appeal is in the name of Jan-Wic Homes, Inc. 6. Consideration of a request for expansion of a non-conforming use, a variance to Section 11 of Ordinance 850, to allow additional mobile home in the Pleasant Valley Mobile Home Park. Application is in the name of Joe Fazzino, Trustee. 7 . Consideration of a variance request to the rear and side setback requirements as set forth in Ordinance 850 Table A, for the erection of a carport at 115 Lee Street. 8. Other Business. 9. Adjourn. \ ) MINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustments March 15, 1983 7:00 P.M. MEMBERS PRESENT: Acting Cha i rman Upham, Members MacGilvray, Wagner, Alternate Member Lindsay and Council Liaison Boughton MEMBERS ABSENT: Chairman Cook and Member Donahue STAFF PRESENT: Zoning Official Kee and Planning Technician Volk Because Chairman Cook was absent, Mr. MacGilvray made a motion for Member Upham to act as Chairman; Mr. Lindsay seconded; motion carried and Mr. Upham was named Acting Chair- man to this meeting. AGENDA ITEM NO . l: Approval of Minutes from February 15, 1983 Mr . Wagner made a motion to approve the minutes; Mr. MacGilvray seconded; motion carr i ed unanimously (4-0). AGENDA ITEM NO. 22: Con siderat i o n of a variance request to the required front setback line (Table A) when constructing a new building at 205-207 University Drive in the North- gate area . Application is in the name of Louie A. Walston. The applicant, Louie Walston was sworn in, spoke of the existing building now used for a flower shop, but after construction of this new building, will be used for storage . He expla in ed the request, stating his plans are to construct this new building in line with the existing building, citing appearance and the safety feature of availability of parking at the rear rather than in front of the new building as the reasons for his re- quest for a variance to the f r ont setback. Mr. Upham spoke of his visit to the site statin g it is his observation that to move this proposed building back to comply with the Ordi- nance would create parking in front, to be entered into directly from University Drive, and because there is a utility pole in front of this lot and the fact that University Drive begins a curve at about this location, a very sharp turn from this busy street in- to the parking spaces would be necessary, and in his opinion granting this variance re- quest would be in the int erest of public safety. Parking requirements for these buildings was discussed and Mrs. Kee informed the Board t h at proposed parking would be only adequate, accordin g to Ordinance requirements. Possibl e usage of the buildings was di s cussed, as well as the display windows in the existing build- ing. t1r. Upha m suggested that the bay windows in the existing building be eliminated at the time of new construction to create additional sidewal k space along the front of this building. Mr. Wagner asked if a one-story structure which c loses up the entire front of these lots and provides rear access only had been considered. It was exp l ained that the applicant does not own ~11 the land behind the exist in g build ing, so this plan would not a l low enough parking spaces. Mr. MacGilvray asked if an addition to a building would requ ire the existing building to be brought up to Ordinance requirements, and Mrs. Kee advised that this would not be an addition to an existing building, but rather a new, separate building on a different lot, and therefore would not fall under that Ordinance requirement. The effect of a ruling in this instance upon the moratorium set down by City Council was discussed, and Council Liaison Boughton informed the Boa rd the moratorium only covered parking varianc es in Northgate, and this is not a parking variance, therefore would not fall under the moratoriu rr - ) ZBA Minutes 3-15-83 page 2 Mr. Upham asked what amount of variance is being requested, and the applicant advised the distance is approximately 10 ft., and Mr. Upham said that a surveyor should have provided an exact measurement at this point. Then Mr. Upham advised the applicant that a unanimous decision would have to be reached tonight in order to grant this variance, because there are only 4 members of the Board present at this meeting. Mr. MacGilvray then made a motion to authorize a variance to the minimum setback (Table A) from the terms of this ordinance as it wil 1 not be contrary tG the public interest, due to the fol lowing unique and special conditions of the land not normally found in 1 ike dis- tricts: (l)continuity of the front 1 ine of this building conforms with adjacent proper- ties, and (2)parking in front of the proposed building could create a traffic hazard, and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship, and such that the spirit of this Ordinance shall be observed and substantial justice done, and with the fol lowing special conditions: the variance is for a maximum of 10 ft. or enough to al low the front of this building to be in line with the adjacent struc- ture. Mr. Lindsay seconded the motion which carried unanimously (4-0). AGENDA ITEM NO. 3: Other Business Mrs. Kee referred to her memo to the Board which is included in their packets and dis- cussion followed concerning the arrival at a definition for 11 duplex 11 , 11 kitchen 11 and "accessory structure" at a later time when the definition section of the ordinance is revised or when the sign ordinance is amended. Mr. MacGilvray referred to the Northgate Committee meetings and commended staff, and Shirley Volk in particular for help and participation in the meetings, and asked the re- cord to reflect his commendations; Mr. Wagner seconded this motion which carried unani- mous 1 y. ( 4-0) Mr. MacGilvray then announced the next Northgate Committee meeting would be on Apr 'il 6th at 10:00 a.m. at the Presbyterian Church, and he wanted the City Council, the Planning and Zoning Commission, staff, merchants in the area, resid e nts and land owners to know they are invited to this meeting. He explained the purpose of this meeting wi 11 be to present the Committ~e's list of specific problems and possible solutions to those prob- lems to all interested parties, and to perhaps arrive at some concrete solutions to pur- sue. Mr. Wagner made a motion to adjourn; Mr. Lindsay seconded; motion carried unanimously (4-0). APPROVED: Jack Upham, Acting Chairman ATTEST: Dian Jones, City Secretary April 8, 1 983 MEMORANDUM TO: Zoning Board FROM: Jane R. Kee, SUBJECT : Agenda Items C i ty o f Coll e g e Station POST OFFICE BOX 9960 I 10 1 TEXAS AVENUE COLLEGE S T A T ION, T EXAS 7 7 840-2499 of Adjustment /~ Zoning Offi ci afl:_f,:_ for April 19, 1983 Meeting AGENDA ITEM NO. 2 -VILLA ON THE RIO GRANDE PLAT: The applicant is reques t ing a variance to the minimum depth required for a lot zoned R-4 but to be developed as a townhouse under the R-3 restrictions. The minimum depth required for a townhouse lot is 100 1 • The Planning and Zoning Co mmission approved the preliminary and final plat with the condition that a variance must be requested and granted prior to the filing of the final plat. AGENDA ITEM NO. 3 -DAY CARE SIGN -PLANTATION OAKS: On Dec. 14, 1976, the ZBA granted a variance to the sign requirements for Plantation Oaks Apts. to erect two entrance walls with copy on each (see enclose d elevation and site plan). On Dec. 2, 1982, the Planning and Zoning Commission granted a conditional use permit for the operation of a Day Care Center within the Apartment Complex.: The owners of the Day Care Center are requesting a varianc~ to Section 8-D.9 of the sign regulations which li mits businesses to one ·detached sign. Tney w1sn to put copy on both entrance walls. AGENDA ITEM NO. 4 -AGGIELAND APARTMENTS: Aggieland Apart ments is the name under which the Monaco I, Monaco II and Pos a da Del Rey Apar t ment Complexes operate . All are owned by Callaway Properties and there i s one manage ment office for all three. For years there were signs advertising Monaco I, Monaco II ~nd Posada Del Rey . In February the staff noticed three signs advertising Aggi el and Apartments (1 1 arge painted wa 11 sign on Posada Del Rey, 1 smaller sign along Redmond Drive on the side of Posa da Del Rey and 1 across Red mond on Monaco I). The management was notified that Section 8-D.3 allows only one sign for an apartment complex and that two should be removed . ~he management conten ds t he Memorandum to Zoning Board of Adjustment Agenda Items, April 19, 1983 Meeting 2 two smaller signs were just repainted. The wall sign is new. However, it . required no permit). Since then I have revised that determination due to the existence of Redmond Drive as it divides the property and have concluded that two signs would be appropriate (one each on either side of the street). Mel Chase, the manager and applicant is requesting a variance to the allowable area of the wall sign. He did not address iri his application the other two signs. I would like the Board to address these as I feel the additional one on the Posada Del Rey property should be removed if a new wall sign is to be added. I also feel that the Monaco I and II should only be allowed one sign (and this only because a R.O.W. divides what I consider to be one apartment complex). If Redmond Drive did not divide the project I would allow only one sign advertising Aggieland Apts. for the entire complex. The question, as I perceive it, is will the Board all~w a non- conforming sign to be repainted when a new wall sign is added? Or will the Board allow a new wall sign when other non-conforming signs exist on the property? AGENDA ITEM NO. 5 -WIC MCKEAN OFFICE BUILDING, 1806 WELCH: The applicant is appealing the decision of the Planning and Zoning Commission denying approval of a revised parking lot plan for an office building at 1806 Welsh St . Section 7-D.10 of Ordinance 850 provides for appeals concerning requirements of Section 7-D. Landscaping and Safety Requirements for Parking Areas in commercial and industrial zones to go to the ZBA., The specific problem with this site plan is the lack of an eight foot (8') setback as per Section 7-D.2. This setback is required in most cases by the Project Review Committee (PRC) and the Planning and Zoning Commission for landscaping and visibility for traffic entering and exiting onto streets. I will briefly try to describe the history of this site plan. The project 1-Jas first reviewed by the PRC May 25, 1982. The 8' setback was required. When presented to Planning and Zoning Commission the site plan indicated an 8' setback. In early November, 1982, the zoning inspector noticed that the concrete parking lot was poured and there appeared to be only a 4' setback. I called Hi c McKean to inform him of the problem. At that time no building permits for interior lease spaces had been requested. In January, 1983, I received a building permit request for a washateria at 1806 Welsh. I contacted the applicant and told him that I would not issue it because of a violation of the site plan which had not been corrected. At this point Mr. McKean came in with a revised site plan which went to PRC Feb. 1, 1983. (Between November and February al 1 curb and landscaping was installed and the lot was striped). This site plan showed a 4' setback. (All PRC memos are enclosed). The PRC voted 2 to 1 to accept the 4' setback. Mr. Mayo was opposed to this as you will .note in paragraph 3 of the Feb. 1 memo. The site plan 1t1as scheduled to go to P & Zand the PRC advised me to issue the building permit for the washateria. The day of the Planning and Zoning meeting, Mr. McKean withdrew the item from the agenda because it was discovered that the parking lot actually extends approximately 2' into the right-of-way. On March 10, 1983 the PRC met again and recommended 2 to 1 to accept the proposed 4' setback and to change the parking to angled parking. Memorandum t o Zoning Board of Adjustment Agenda Items, April 19, 1983 Meeting 3 The Planning and Zoning Commission met March 17, 1983 and denied a motion to approve the site plan with the 4' setback by a 2 to 3 vote (P & Z minutes are , enclosed. Please review the P & Z minutes carefully). The applicant does own the lot adjacent to this lot and could provide parking on this lot as per Section 7-B.2. However, this will diminish the size of the office building pronosed for this adjacent lot. AGENDA ITEM NO. 6 -PLEASANT FOREST MOBILE HOME PARK: Pleasant Forest Mobile Home Park was in existence prior to our present zoning ordinance. It is located on property zoned R-1 Single Family and is therefore a non-conforming use. Approximately 5 years ago a mobile home was apparently moved into the park illegally and was metered to the park lights and did not have a separate meter. An ins pection of an adjacent home by the electrical inspector revealed that this home did not meet the electrical code. In order to meet the electrical code it must have its own meter. This results in the expansion to the non-conforming use. The present owners purchased the park approximately 2 years ago and were unaware of t his problem. The City's ~olicy regarding non-conforming mobile home parks has always been that any home can be moved into a park only if it is replacing one which has moved out. AGENDA ITEM NO. 7 -JESSUP CARPORT: The applicant is requesting a variance to the rear and side setbacks for the erection of a carport. At this time I have no information as to how much variance is being requesting. The applicant should present that information at the meeting. AGENDA ·ITEM NO. 8 -REVISION TO RULES AND PROCEDURES: In order to provide ample time for the preparation, publication and mailing of notices for ZBA items, the staff would like to move the deadline date up two days from Friday noon to Wednesday noon (14 days prior to the meeting). This will allow more t i me for staff review and research and will avoid the problem of the PlaRning Technician having to prepare ZBA materials concurrently with P & Zand Council materials. ' . ZONING BOARD OF ADJUST::-!ENT FILE NO. _Hailing Address Drawer AT College Station, Texas 77840 Phone 693-3300 Location: Lot __ 1_5 __ Block 1 ----Subdivision Villa On the Rio Grande Description, If appli~able ------------------------------~ Action requested: ... -... ' NAf!E ADDRESS (From current tax rolls, College Station Tax Assessor) Sadowski, Mark, 1101 Austin Avenue,Colle ge Staticiri, Texas 77840 McCorrrrnand, Donald L., 814 San Benito, College Station, Texas 77840 French's School, P.O. Box 4404, Bryan, Texas 77801 , > , I ZONING BOARD OF ADJUSTMENT FILE NO. Present zoning of land in ques t ion R-4 --'"--'---~~~~~~~~~~~~~~~~~~~~~~~ Section of ordinance from which variance is sought 5-G.4. TABLE "A" The following specific v ariation from the ordinance is requested: A variance is ·requested on the depth of Lot 15, Block One, Villa On the Rio Grande. The Minimiim r~t depth required is 100 feet. This variance is necessary due to the following unique and special conditions of the land not found in like districts: Since each parcel of land being subdivided is comprised of different ba11ndary configurations, this necessitates special conditions not found in like djstricts fpr the use inteded for the property • •• ·.~!"'- The following alternatives to the requested variance are possible: Deny the use of Lot 15. This variance will not b e contra ry to the public interest by virtue of the following f~~t~: The minimum Town House lot is 3,000 S.F. with a 1,000 S.F. buildable area. Lot 15 ,q, 6 • 534 S F wi th a 2, 1 33 S F hid 1 dab] e area Even tha11gh I at J 5 is below minimum depth requirement, it exceeds all the other requirements. The in this application are true and correct. April 8, 1983 Date ,~· - ~ I I .; I I . j ' • Blk. 41 Reserve A Southwood Valley Jones, Tony Construction Drawer AT College Station, Texas 77840 Blk. 38,· Lot 8 Southwood Valley Sadowski, Mark llOl Austin Avenue College Station, Texas 77840 Blk. 38, Lot 9 Southwood Valley • McCommand, Donald L. 814 San Benito • College Station, Tx. 77840 Blk. 46 Pt. Lot 2 Southwood Valley French's School P. 0. Box 4404 Bryan, Tx. 77801 ZONING BOARD OF ADJUST~IENT FILE NO. ---- Name of App 1 i cant _ _LP....!l-1!au..1n..i.t.1.1.a.kt...L.i ol.!.Jnl.L...I0.1.J.auk,._,;SLJ::A4-1pc..i..t_,;i_S..._. 1-/I.1.Jol.J.Jwwe:;_ir--'-P-"-r...L.ot.µpci:;e...L.r..i..t..1..i Pc..S;:,.__il_Tu.DL_ _________ _ _ Hailing Address 1501 Harvey Rd. College Station. Ix . Z7840 Phone (409) 693-1011 Location: Lot Block Subdivision ----------- Description, If appli~able Modify exsiting entrance signage to include advertising for Day Care Center. Action requested: Addition of letters to exsiting signs for advertising day care center. NAfIE _ ........ i .. ·---.~ ADDRESS (From current tax rolls, College Station Tax Assessor) ZONING BOARD OF ADJUSTilENT FI.LE NO. Present zoning of land in question C-1 General Commercial. ~----~-------------------- Section of orcinance from which variance is sought 8-09 ~--~~-~--~~-~~~-~ The following specific ·variation from the ordinance is J ~eciuested: Two detached signs of Day Care Center This variance is necessary due to the following unique and special condition s of the land not found in like districts: In order that existing at signaae can be maintained there by eleminating the need for additional signage. -.. ::;.....:,., The following alternatives to the requested variance are possible: Erection of additional sign. ,· This variance wlll not be contrary to the public interest by virtue of the following This is a minor alteration to exsiting it does not alter the location or configuration of exs.iting siao any ·manner. The facts this application are true an<l correct. April 8, 1983 Date ---------------------- Pt. Reserve E Plantation Oaks Plantation Place, Inc. % John C. Dawson, Jr. 2700 First City Tower Houston, Tx. 77002 Blk. l, Lot l Post Oak Mall Sears, Roebuck and Company % Real Estate Manager 1000 Belleview St. Dallas, Tx. 75295 Blk. l, Lot 2 Post Oak Mall Dillard Dept. Stores, Inc. % Bill Bender 4501 N. Beach St. Fort Worth, Tx. 76111 Blk. l, Lots 4,5 Post Oak Mall Post Oak Mall Associates Suite 3900 875 N. Michigan Avenue Chicago, Illonois 60611 H \ C, tJ \V ~ '/ (5o ( ---- t T p LA N 1 fl Pl.AHTAi!O!-l 0Ak'i:. ApA~TMl'..1'4TS ' ----i IC e.. E 1 ,_... .:to A..-C'S. P --c-'""t -··-' tr~ c.., I C-11 I l I I t I C)[N 12. -~ 7-z.." . -$ c A l.."'-: '" = 4'-c::> •. l t ~ ' zo:-;lNG BOARD OF ADJUS THE :--IT N f A 1 . t MONACO II, Limited; dba Aggieland 11 C11 Apartments 1ame o pp 1can ~Biling Address 306 Redmond Drive, College Station, Texas 77840 Attn: Chase Management Company Phone 693-2614 Location: Lot 18 ,19 ,20 Block 4 Subdivi sion Redmond Terrace (Pt lots 6,7,8,9 Blk 2 -Kapchinskie) FILE NO. Description, I f applicable ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ One (1) sign painted on brick and masonry wall, dimensions: 19 1 7 11 x 91311 (see attached letter for specific description) NAHE ADD RES S (From current tax rolls, Colle ge Station Tax Assess or) Westbrent Management Corporation 7334 Topanga Canyon Blvd., Suite 212 Canoga Park, California 91303 "' ,_/ ., Z~~I N G BO ARD OF AD JUSTMENT FILE NO. Present zoning of land in ques tion General Commercial C-1; R-6 Apt. Section of ordinance from which variance is so ug ht Ord. 850 -Section 8-D. ). The following specific variation from the ordin a nc e is requested: To allow a wall sign exceeding the usual, but not unprecedented, limit of 150 square feet, to wit: a sign of 181.15 square feet, thus a variance of Jl.15 square feet. This variance is necessary due to the following unique and special conditions of the ~and not found in like districts: (see attached letter) The following alternatives to the requested var i ance ar e p o s sible: (see attached letter) This variance will not be contrary to the public interest by virtue of the following fltct~: (see attached letter) The facts •IJ'~(;7{W::p p lic a t ion ~L CHAS/,~~~r~~rvisor App l icant are true and c o rre ct. April 8, 1983 Da te April 8, 1983 AGGIELAND APARTMENTS 306 REDMOND D RIVE COLLEGE STATION, TEXAS 77840 Telephone 7 13 -693-2614 FROM: Mel Chase, Property Supervisor Ag gieland 11 c 11 Apartments TO: ZO NING BOARD OF ADJUSTME NT City of College Station Re: Application for variance, Ordinance 8)0, Seco 8-D.J. The following information is · respectfully submitted for consideration by the Board. It is furnished to more fully explain our answers to the application questions listed below: I. 11 This variance is necessary due to the following unique and special conditions of the land not found in like districts:11 (A) Aggieland 11 C11 Apartments, by virtue of location, is essentially denied public visibility. The 74 apartments, 13 buildings, are located on a blunted pie-shaped tract of 2.78 acres. Yet, for all its size, the blunted end of the tract permits only 192 feet of front street footage. The backside perimeter roughly follows Wolf Pen Creek; this area is streetless and is largely unimproved land. (B) Nonnal placement of a sign would be fronting on Redmond Drive. Several conditions make this location ineffective: (a) Redmond Drive is a short access street primarily of service only to the apartments on either side. By audit~ not to count vehicles belonging to apartment tenants, less than JO vehicles per day .use Redmond Drive; (b) The nearest corner of the tract, visible to the more 11 traveled11 street (Texas Avenue), is more than 100 feet away. The largest possible sign if set to face Texas Avenue cannot be seen by traffic as it passes perpendicularly to Redmond Drive. (MORE) Aggieland 11 C11 Apartments Application for variance (Cont'd) Page 2 of 4 Pa ges (c) Northeas t an:i Southwest the sign is blocked by buildings on both sides; (d) To place our sign at the intersection of Texas Avenue and Redmond Drive, although it is agreeable to the owner of the property, is not allowed by Section 8-D.5. (C) These limitat ions leave one option --to place the sign on the backside wall of 305 Red.mono Drive, a building which is removed at that point 188 feet from Texas Avenue. At this nearest viewpoint the sign is only awkwardly visible; it is positioned obliquely perpendicular from the intersection of Texas Avenue and Harvey Road. It can only be·seen full-face from a much greater distance (200 to 800 yards) by Northbound traffic on Texas Avenue . It is not seen by Southbound traffic. These visual limitations render the sign less effective than other permitted signs in like districts. (D) In the phrase, "visible from a particular street,11 (Section 8-D.3.), we find basis for the Board to consider the sign's unique characteristics of visibility. As size is relative to the distance from which an object is seen --the sign is less equal to those permitted within 20 feet of curb or pavement edge. Our one option for placement of an entitled sign facing a viable street is at a distance 8 times greater than the allowable limit. And the required distance to view the sign clearly face-on is 30 times the usual and normal limit. The opportunity for readability would be severely compromised if the sign·were smaller. (MORE) Aggieland 11 C11 Apartments Application for variance (Cont 1a) Page 3 of 4 Pa ges As to the possibility of a closer viewpoint of the sign: (a) There is no existing sidewalk or pedestrian access; (b) The sign does not face upon any residing tenant's window, balcony, or other residential viewpoint; (c) The public viewpoint from the nearest business location is more than 384 feet away. II. 11 The following alternatives to the requested variance are possible:11 (A) To reduce the outer dimensions of the sign. The size would be decreased 33 square feet by sandblasting the outer border 7" on each side and 8 11 top and bottom. This would result in two questions of taste. The background would appear insufficient and the lettering would be graphically imbalanced. This, however, would not effect readability and it would remain an adequate sign. Secondly, the brick surrounding the sign would be bleached-out by the sandblasting; this is likely to result in a 11 halo 11 appearance around the sign. (B) To erect the same lettering without a background bordering. The dimensions of all lettering would equal 82.05 square feet. (C) To resize the bordered sign with smaller lettering. There would be a loss in the ratio of visible sightings; although this might be partially recouped by the use of frequent temporary signs alongside Redmond Drive. III. "This variance will not be contrary to the public interest by virtue of the following facts:" (A) The sign in question is the sole replacement for 6 signs that were recently removed from the premises of Aggieland 11 C11 complex. (MORE) Aggieland 11 C11 Apartments Application for variance (Cont'd) Pa ge 4 of 4 Pages For more than ten years these former signs were grandfathered and permanently in use: One One One Backside, facing Texas Avenue -4 1 x 8 1 -roof sign: Current rental information -4 1 x 8 1 wall sign: Fall leasing information -· 6 1 x 9 1 wall sign: List of facilities Street Frontage, Redmond Drive One -Ground sign -4 1 x 8 1 -Rates and directions Two -Wall signs -4 1 x 7 1 -Name: Monaco Apartments The above permanent signs totaled 180 square feet. They were unsightly, in need of maintainance, re-painted and poorly re-letter ed. (B) The present sign is less than 11 spectacular11 in that only one color on white was used and it was limited to a minimum of words. There are no moving or projecting parts; no lights were installed. It was reasoned that plain block lettering, large enough to be quickly readable, would be less likely to arrest the attention of drivers for any undue length of time. (C) In requesting variance and to ?].low all possible objections to be heard --we elected to notify every property owner within JOO feet of each apartment complex on Redmond Drive. (D) We have polled owners of adjoining property and have not met with an objection to the sign. In two instances, it was stated that the one sign replacing the six previous, older, signs was an improvement in neighborhood appearances. (E) Improved visibility and appearances of Aggieland 11 C11 Apartments will better serve the City of College Station. Visibility and identification are vital if we, as responsible owners, are to maintain parity with the standard of housing provided by apartment complexes in College Station. CULPEPPER Block B lot name & address i/""];4 Exxon Co rporation P O Box 5 3 Houston , TX 77001 Wi ll Moyers Drawer JC College Station , TX 77840 KAFCHINSK I Block 1 lot name & a ddr ess L/6e a s t James Overall c/o T . Burton & Overall 533 Divis adero San Fr an cisco , CA 94117 wes t Ma ry Flowers i/7,8 ~,10 c/o Helen Davis Lewis 312 Trant Bryant , TX 77801 Luthe l l Mc Ke llom 8 3 8 W 1 3 4th P lace Compton , CA 90222 Robert J . Toliver c/o Mrs . Vance Robinson 2213 Eagle Street An c horage AK 99503 tax id # 3000-902 -00J O 3000-90 2 -011 0 J 000-9 0 2 -0 120 tax id. # 4700-001 -0060 3 4700 -001-00 6 1 4700-001-007 0 4700 -001 -0080 4 700-001 -0090 4700-001 -01 00 14 et James Robi s on 4700-001 -0140 7 P O Box 789 College S t a tion , TX 77840 14nwi Lu cill e Wri ght 4700-0 01 -0141 1 c/o Carri e L ee 1607 Par k P lace College S tation , TX 77840 14swi Carolyn Ann Rose 4700-0 0 1 -0142 15w 15 e Carrie Lee 1607 Park Place College Stati on , TX 77 840 Lub e r ta Ph illips 3326 Du lcrest Street Houston , TX 77051 Anna Es t Bl ake Luberta Ph ill i p s 3326 Dulcrest St . Ho u ston , TX 77 051 4700 -001 -0150 4700-001-0151 /0 ti KAPCHINSKI Block 1 ti lot name & address _CiJ tax id :/i_ 19 Luthell McKellom 4700-001-0190 - (see previous address) 2J Roosevelt Thompson c/o Manuel Ezerlean 1606 Park Place 4700-001-0230 1i..- College Station, TX 77840 Block 2 lot name & address tax id #.. 13 v-1-M & W Restaurant Inc. 4700-002-0010 1711 S Texas Bryan, TX 77801 /2,3 Bennie G . Smedley 4700-002-0020 If c/o Kashim P 0 Box 9042 College Station, TX 77840 t/" 4R Bob R. Ellis 4700-002-0040 IS 240 1 Marshall Grand Prairie, TX 75051 V5R John G. Otis Jr , et al 4700-002-0050 I (.; P 0 Box 1122 College Station , TX 77840 /6,7 , Ken Martin 4700-002-0060 11 8 1711 S Texas 4700-002-0070 Bryan, TX 77801 4700-002-0080 r/9 Alma Lee Booker 1707 Park Place 4700-002-0090 1i College Station, TX 77840 V' 10 ,11 Jessie Mae Hollie 4700-002-0100 1q 1705 P ark Place Col l e g e Station, TX 77840 v12 Cor e t h a McMillan 4700-002-0120 jvO 1635 Park ·Place Coll ege S tation, TX 77 8 40 J l J And e r s on Harri s 4700-002-0lJO ?--( 1 6 JJ P ark Pl a ce Coll ege Station, TX 77840 (j -------· --- c. KAPCHINSKI Block 2 lot nam e & address 14 Andrew & Beulah Lawson 1007 Co.lumbu s Bryan, TX 77801 tax id # 4700-002-0140 t,, ~ 15 Jean V. Henderson 4700-002-0150 Z.-3 1 629 Park Place Colle ge Station, TX 77840 16 e Morris R. Caldwell 1221 St . Andrew's Place Los Angeles, CA 90019 4700-002-0160 it / 16 w Will Swee p s 4700-002-0161 . '1.,,J c/o Willie Sweeps 1 625A P ark Place College Station , TX 77840 RED MOND TERRACE Block 2 lot 10 name & address Martha L. P . Cannon 1004 W Avenue Austin, TX 78101 tax id # 6700-002-0100 t-Ct 11 Morris G. Merkle 6700 -002-0110 1-1 20 8 Rusemary Lane College Station, TX 77840 12, 13 Dennis M .. Driscoll 213 Redm ond Coll ege Station, TX 77840 6700-002-0130 6700-002-0130 1 4 Winston J. Hayes , Jr . 6700-002-0140 ~l 211 Redmond, College Station, TX 77840 Block 3 lot 1 ,2 nam e & address H . E. Redmond P 0 Box 9965 Coll e ge Station , TX 77840 9,10 Donald J . Dwyer c/o Robert E . Tunmere Mission Carwash 3301 Texas Avenu e Bryan , TX 77801 tax id # 6700 -003-0010 6700 -003-0020 6700-003 -00 90 C.·. RED MON D TERRACE Bl o c k 1 l ot name & address tax id :/i_ 11 Nancy M. Broach , s . Kel l ey 6 7 0 0-00J-011 0 P O Box J8 1 9 Br yan , TX 77805 Blo c k 4 l ot name & address tax id ~ 7 Char les E . McCan dl ess 67 00 -00-007 0 212 Re dmond Dr . College Station , TX 7 7 840 8 Robert B. Sande r s, Jr . 6 7 0 0-0 04-008 0 2 14 Redmon d Dr . Co l lege St ation , TX 7 7 84 0 9 Larry W. Linton 216 Redm ond 6700 -0 04-0090 Co llege St ation , TX ?78'+o 10 Robert S . J ohansen 670 0-004-001 0 2 18 Redmond Col lege Station , TX . 7784 0 Bl ock 6 8 ,9 Emagene R . Pitts c/o Unive rsi ty Terrac e 7 00 S . Si ms 67 00-0 06-0080 Apt s . Bryan , TX 77801 Bloc k 7 '3 i. )3 ~+ I' ~) 3~ 31 1 Foo dmaker , Inc . #68 3 Attn : Tax De partme nt P 0 Box 78 3 67 00-0 07 -001 0 3~ San Di eg o, CA 9 2 11 2 REDMON D TER RACE Block 3 J I 5 ,6 , 7 ,8 Prop e rty Tax Servic e s Co mp. 5 10 Colonial Sav i n g s Tow e r Ho u ston, TX 7703 6 Bl ock 4 l ot 11 t a x i d # 6700 -0040-0110 67 00-00 4 0-01 8 0 as corrected on curre n t tax roll s Bl ock 3 lot n am e & ad d re e e 3,4, We s t b r e nt Management Corp 5,6, 7334 Topang a Ca nyon Blvd ., S uit~ d 212 7,8 Ca no g a P a r k , Ca 9130 3 Bloc k 4 lot 11 It8' 19' 20 n am e & ad d resa Westbrent Management Corp (ad d res~ same a s above) We s tbrent Man a gement Corp (addres s same as above) tax i d 1¥ 67 00-003-003 0 t a x id ii 6 7 00-004 -0 110 tax i d ff 6700-0 04-018 0 ~t0_.ei. (YlE f<.e /(~ b-u--t10 ,90 ')_ oj_ e 4 ~ $ 1 ~ ' 0 D t Tri 00 j-11 E, /ed IVLcl~ WU/73/f.L-vif /J~vvT &vp . RED MOND TERRACE Block 7 lot nam e & address A Leonard Ross, Trustee Real Estate Tax Se rvices P O Box 401886 Dallas , TX 75240 Block 8 lot 2 name & addr e ss r::;-1 H . E. Redmond -\.!:"' .J P O Box 99 65 Coll e g e Station , TX 778 4 0 AND ERS ON RID GE Bl o c k 4 l ot n am e & a ddr ess 1 An derson Ri dge Corp . P 0 Box 4 1 0 6 Br yan , TX 7 780 1 R EDM OND TERRACE Block 4 lot nam e & a ddr e s s 21 J oe Du nn 2 8 10 Vill age Dr i v e Bry an , TX 77 8 01 tax id # 6700 -0 07 - tax id # 6700-00 8 -0020 t ax id # 1000-00 4 -0 010 -1{ { t a x id # u 6700-004-0210 ~ -, L- April 4 , 198 3 Mr. Daniel J. Du pies City of College Station llOl Texas Avenue AGGIELAND APARTMENTS 306 RE D MO N D D RIVE COLLEGE STAT ION, TEX.A S 7784 0 T elephone 713 -693 -261 4 College Station, TIC 77840 Dear Mr. Dupies: Our application for a variance of Ordinance 850 will be filed at 10:00 a.m. Friday, April 8, 1983. We are requesting a variance for one sign. It will exceed the usual, but not unprecedented, limit of 150 square feet and will be the only sign serving Ag gieland 11 C11 Apartments. The apartments 11 A11 and 11 B11 have signs of 32 s quare feet each; these have been in service more than ten years and are not new, nor has the position been changed. They were recently repainted to improve appearances. ~our earlier letter represented that our three complexes are not entitled to individual signs. However, the three signs (and more) were originally allowable because the complexes are recorded as individual and separate companies. I am enclosing documents to confirm this has not changed. As further assurance, please note the following information: 1) Separate tax records are maintained by the City of College Station Tax Office. 2) Individual tax identification numbers are properly filed. 3) All records of ownership are separate and independent. 4) All accounting, bank deposits, and rental ledgers are separate. 5) Investor-owners do not share profit or loss between the complexes. Aggielan::i is the assumed name under which the businesses are conducted. The separate Registrants are: Monaco I, Ltd., Monaco II, Ltd., and Posado Del Rey, Ltd. Aggieland is our generic name; the suffix of 11 A,11 11 B , 11 and 11 C,11 further identifies the separate complexes. Our central office, of course, serves all three companies -not unlike other local management companies who represent more than one apartment complex. I trust this tnformation, historical record, and documentation will explain any question as to the entitlement of three signs. Sincerely, /!{!,/ld~a ~ Property Supervisor MC: cw Enc ls ----------------- F-9-ASS UMED NAME CERTIFICATE-Cla.sa S. Re v. 9-77 . 279!53 FO R SA.LI llY STAFF O RD ~LOWDOM co . ru•a •OR1k r·· -::;:: 0 ~.~-·.,-~T·.~.~~'}'~-~~O:~MENBY ~E PRESE~: •" ,.. t;, I 1li THAT _--d::::" ______________________ , the undersigned, for the purpose of complying with w Chapter 36, Title 4, Business and Commerce Code of the State of Texas, do hereby certify to the following ~· ~~~/1tf_tftil&/...Q ___ fi__0r.z!!.£~ T:.f. _____________________________________ Js the assumed name ~ under which the_ gusiness 1 professional services is or is to.Pe conducted or rendered. ~c 2. Registrant: e'/.f;~~ce_ __ ,..J£.~8:~kf.V7.L!~L":tl.-!.:_/2(;f..~4._!-J::Q_ _____ .L ~ 3. Names and Addresses :s. ~ ~AV6V ~ &A~K7tj tJ Name i /~ !f;,m;~ P? 6!c-11 dqy~ !t!f · Title3. ~ ~t--o #Azo~}:J ~· Name ' t~ £~1.,, 4v--11-wv ~ ~ ~~///~------:-;-;------- /. ,, ,,, ,, ~ Title .~ \ll }« ·~ ~ I ~ ~1 ~ ~j ~ ~ t~ ~ r ~· ~ ~ ~· ., Name Title Name TlUe Addi'eas • ~ ~ /~.,.-f\ ~/td Said Co ti was duly ~~ted under the laws of_f'c:::ZL!-::(-d/..L?.Lr...L • .-..:. __________ _ rpora on mcorpora , ------------------------------and its registered or similar office address there isfaf £6i?hP.r!D .D~. at,,~~G-J7/Jr,~,../ /,)( /"/ <fcf-o '-. County or counties within th~ State of Texas where the business or professional services are being or are to be conducted or rendered under said assumed name: _G;'"""~;.;:;;..::.;._z.7e;_=:;...J~----------- -----------------·------ 4. The business. or ~rofessional service is a:'-_,ef J?hi[.lf~ J4 r/J~ l}.LL&._6i< •·. The corporation IS a:'-• ------ o. The period, not to exceed ten (10) years, during which the assumed name will be used is from the t._7_'!.__day of~Y ey --. 19/;;)_until the.£#_day of T Jl.J Jn ,19.#. IN TESTIMONY WHEREOF, ~J___.._ fill day of __ {tnJv~I ,1 ;--_-D At /~Cle . AM. . 252113 . JAN 18 1983 ~ •~ _ FRANK BO RI SK IE · • . ; .'. '. ~ Cmty Cltrk. lrazos , , I~.:~ ---'·.:-:'"-,-~--~---,..c=io,,..----------~-.., y' SWORN TO AND SCRIBED B~RE ME ~---==-day of -. ~~ , 19~ 11 ~ ~j 1)./_hf .. 111~-0;,;{ -'j 0 Date ltecorded / -) 1 -~ 3 /' ..,...,. ~R·'? ; .. · .· . -£::. k :~ ~ ~ :_t __ •lutructiorl8onrneraeaide. _ ... . . : 1 ~otary ~_!>lic,~-~--~;-,;·County, T~. _ ,j --.. ·---__ -._ ~_-_..::_._ -~ "-?':'°:>rt~~G ------··,. -,-,..-, ---·-~ -~ --,~~~ ~~----:/J,,fi,~-'"'- TBBBTATBO~ CALIFORNIA County of. __ L_O_S_AN_G_E_L __ E_s ____ _ } Before me, Mary Ann Gritzmacher ·---- A Notary ·-------------·in and for said County and State, on this day personally appeared __ Harold Matorin ---·---------··-·--··--------·--·-- -----------·----------------------·---- __________________ Jmov:n to me to be the person --whose name._is _subscribed t.o the foregoing certificate, and acknowledged to me that.=--.he._executed the same for the purposes and consideration therein expressed. ,. d ..... ~s.i;;u:;-..11A1.-Ql:'~~1 f c t-f· ~1...:" 11th.:. ..... of January 11. 9 83 , \;g· er LUT·uaacr ·-~ o ice, w.uo---UA,J ------------....no D.Jl .. . . MARY ANN GRITZMACHER ~ , 0 . '. NO>A" eoOC<O -CAurn,NOA ~t t2-z'~~dc PRINCIPAL OFF ICE IN . -_.-T . ' LOS ANGELES CO UN TY MARY ANN GRITZMACHER My Commission Expires April 12, 1985 0 J l I 1 STATE OF TEXAS COUNTY OF BRAZOS :c :;; 0 31: :;; 0 .. 0 u ~ ] I, Fran k Borisk ie, Clerk of the County Court in a nd fo r Brazos County, Texas, do hereby certify that th is instrument was FILED on the d ate and at the t ime stamped h ereon and RECORDED in the volume and p age of th e DEED R ecords of z 0 0 JI 3 .; 0: e ... ~ .. ... . sa id County on the date stamped h ereon . --~ : FRANK BORISKIE, COUNTY CLERK 0: e Brazos Cour;f}· Texas ~ BY: /•·\!'v1,u t11 :-iv vh:al}, . . 'G' (eputy •i. Indicate whether the registrant la: an Individual; a Partnanhip; an r.tate; a Beal Estate Investment Trost; a Com- pany; a Corporation. 1>-If the re¢.lrtrant ls: L An individual, full name and residence a.ddreaa; b. a Partnership, the venture or partnerahip name, t.he Tellture or partnership office address, the full name of each joint venturer or general partner and their reside.nee addrea if an individual, or ita ottice ad- dreaa if not an indiTidwll; c. an Estate, the name of the estate, the estate'• ofi'ice addreaa, if any, and the full name of each re;preaen- tatiTe of the estate, residence addresa1.if s.n mdivid- ual, or its office aadresa if not an inctividruil; d. a Real Estate Investment Trust, the DAme of the tr-a.t, the addre&a of the trust, the full DAme of each trustee manager, residence address, if an individual, ar ita office addreaa if not an individual; e. a Company, other than a real estate investment trust. or a oorooration, the name of the compa.ny or corporation, the state, county or other juriJldict:ion under the lAW'I of which it wu organised, incorpo- l. a Corporation, the name of the corporation aa atat- ed in it.a articlee of incorporation or association or comparable document, the state, county, or other juriJld1ction under the lawa of which it was incorpo- rated or aasociated and addreu of its registered or similar office in that state, county, or jurisdiction, i1 required to maintain & registered office in this state the addreas of such l"9gUtered ottice and the name of lta regi5tered agent at au.ch addreu, and the addrea of its principal office if not the same as that of its regiatered office in thia ltate; if the corporation la not required to or doee not maintain a~ ottice in thia state, ita oftice address in this state and if the corporation la not incorpo- rated, organised or &880Ciated under the laws of this state, the a.ddreas of its plAoe of business in this 8tate and ita office addreU el8ewbere, if any. rated, or a.uociAted, and its ot.tice addreea; 8. Insert titles as: individual, general partner, joint venturer, repreeentati.e, trwrtee manager, company/corporate ottlce, attorney in fact and registered agent and/or indicate regi.nered ottice addrw, etc. '· Strike if not applica.ble. 15. Required to be completed by corporationa only. 6. In.sen form of business/corporation a.s: proprietorahip, sole practitioner, j oint venture, general partnership, limited partnel'Sh.ip, real estate in\"'estment trust, joint-Btock co~pany, or 80me other form of unincorporated buaineia or pro- fessional as.socilltion or entity ; or for corporations; bw!.ine&1 corporation. nonprofit corporation. profeaional corpora.- . . • .•. • .•. _ •. ·, .. ,_.:_ •. ____ .r ,.<',,..:,...,....0 1 "' .... "t-h p ,.. t.l c:.c:o" ... ;"'~"" ... ("l 'P' l /..•fr '1 1 pn+;tv, UE OR SUBDIVISION : __ REDMOND TERRACE T ADDRESS : 3] 6-Re.dmuo~d~D~r~---- TAX CERTIFICATE RECORD (2) ·d er ed By Date of Issue Year Cleared BC 4/28/78 1977 ~Al~ ~-5-1'( 1cni c.~c.. l\-30-1~ 1cnf BUILDING PERMIT RECORD (4) umber D ate Amo unt Purpose ~582 3/13/7; 353,032 74Cun 1 H ap om ex PHOTO 4 I See Be .low I 2.78 ac. ACCOUNT NUMBER 6700-004-0180 Name (18, 19, 20 Pt. Lots 6, 7, 8, 9 Blk.2-Kapcr Harold E. Redmond Zide 11 Brothers Investors Real Estate Lmtd. Monaco II Ltd. BOARD OF EQUALIZATION Dispos i tion Date - OWNERSHIP RECORD Date Deed Records Deed of Trust Volume & Page Volume & Page inskie) 4/8/68 268 774 I 12/28/73 311 590 I 12/13/78 413 796 249 659-693 (5) SUMMATION OF VALUES,- •---~-~~- Year Ra t io Land LAND Improve- ments t.-L Amount 893,000 (6) CHARACTERISTICS & CLASS (7) MODIFICATION FACTORS a. LOT SIZ E: cil\!J . S 'J.. ~~D '( ;::):::> S "-\...\ ';:)~ 'J.. '.:4~() b . TOPOGRAP HY c. STRE ET I MP R . Level v Un improved Sloping Graveled H igh Paved Low Cu rb & Gutter Ravine Sidewalk (8) Year Appraiser Unit Value d. UTILITIES e . ZONI NG Wa1er 1.....-Res idential Sew., ~ Duplex .... El e c 1ricity _,,,,.A pa rt ment '...-c;., v Commercial v Bu1ane Other COMPUTATION OF LAND VALUE Modifying Fac t or Modified Frontage Unit Value or Area 100% Value % Adj . Adjusted Value ~---------------1 .b -v o-•.)0 4 .. 0 l ou c ir{':o~ · (oLl f:~e · :·::s<r A·r i n1H; ... ;~ 0~~4, L'rs~ i c-1. o !' a::.::11o X' ~960 " ' . :~ ;· ··:~·-···; . c uL(t G ~ STATION, TX 7764 0 ! 'l l J f · 69( .. ~R 66~ . . ~ ~ ;_:· .. ' . TOTAL VALUE ,---,;-.........,--:-.,..--,.--,-,..-.,....,....,...,......,..,.........,-,,...-~----__;.-_---.. ::ALL A w ~-. ''~.O P F RTY' TAX ~1 l v .-COLD 1 ~tl~L i-!lJUSTO .-J/ Tx, : .. ·.:~s:~~lk" ~ .. :~ · · : ·-.... ·. ,: .. ·· · · ·. ... ~ i :1·. :. · .. ~· . . -··: C QMP i\ To wt-. 7 70 Jb " .. -1 • . , . -............. . . . : :_/;~.<-) ~ :.: ~.:> .' < ~ . . . . . . ~-)~; ... ( .. >): ... ~ .... "· ·. ·- TOTAL TAX + {'t t, c J i\f-l F '.: ~1 J l i L )'i ;J ,.;• 1'.1;.G Sd ' .. ,.· .. . . . . (24) ....... '·' •' __ - REC "D BY . .-. -~. . ~ : . :· ... -.. ~ • \ 1U-:.. : (1 (' I ..,, .J lC1) · . :c cr 2 7 ,,j.,; ~ •'I I l . 3.551 7 jl '•3 4l t•1 s 1 ~·:1n . 5 92l ~:J6 71 ~,, 7~ ll 1)i:J ·!, 7 9dti 1 p & I COST TOTAL .. . ,•. . : . ~.' .,~·~~. . :· ::i 9 :>7 ';' "._°" 395~1~(: :_:. ;· ·J95l c; .. · , 3 9 5 ~:) l;2~~7 1+ 3 0 $;; 43 5 ~q · I . 44(,~J.· 45'! 61 -, . I 46 6 4j t>l 47.'l4l14 4 74 1 f : --.:. • J . D ~~SH -_ ;~ · fiJ CH~CK , ·. D MONE~.o~~ER -~--------------------'----------'---'--~ \ : ~ .. ., . : . -- _r---.. \ \ 'J "-, :~·, . .: . ~·.:~-·~· ·... , ; ' -'. . .. ~: .. ::;i'-~ ·. ~"-:. :···:-:1i. ..;;._. ...... /i ~-~-~~- .· ' ~ ~~ . . . · ... ··. ·'· .. -·· .~· . ·" . . , UE OR SUBDIVISION : __ REDMOND TERRACE T ADDRESS : 308 Redmond Dr. TA X CERTIFICATE RECORD (2) ·dered By Date of I ssue Y ea r C leared BC .. 4/28/78 1977 q T F+ 1~-5 ~1'8 1Ci1'3 :.Ar 1\-~ .. /'B' /?17 <X' BUILDING PERMIT RECORD (4) umber Date Amo u nt Purpo se ~371 313167 387 .204 94 unit aot. PHOTO ". 4 ACCOUNT N UMB E R 67 00-004-0 110 OWNERSHIP RE CORD Name ( 11 thru 17 Red. Terrace Pts . 16 , 19, Bl k. 1-Kapchi nski E) Zidell Brothers (Monaco ·!) Investors Rea l Estate Lmtd. Monaco I. Ltd . BOARD OF EQUALIZATION D isposi t io n D at e Date 12/13/78 (5) Y ea r Rat io D ee d R ecords Deed of Trust Volume & Page Volume & Page 311 590 413 807 249 694 -728 SUMMATION OF VALUES C.a nd LAND I mprove- ments Per sonal E-1 · Amount 1,000,00C T o tal (6) CHARACT E RISTICS & CLASS (7 ) MODIFICATION FACTORS a. LOT SIZE : ~ '\ t;. \,, i,. \I,.() '1 \\.C::: .~ 'I.. -~( '{ d.~O 'I. ::i3c b . T OPOG RAP>i Y c. STREET IMPR . d. UTILITIES e . ZONING Level Iv Unimpro~ Water .... '"" Aes1 den t i1I Sloping Greveled Sewer ...... Duprew. H ig h Paved ./ Electricity ,_ Apartment ..... Low Curb & G utter v Gas ~ Commerci1I Ravine Sidewalk Butane Other (8 ) CO MPUTATION OF LAND VALUE Year Appraise r Un it Modifyi ng M od ified F rontage 100% Va l ue % A dj u ste d V a l ue F ac tor Un i t V a lue or Area Ad j . V al ue \(~ -::s-e__ l.'-.0 • 'lS I I d.. If:,\.(') ""::I...."' 1io.".\S 9 ----------------1 CJ I VCJ -C:v ft-i.J l l V ~ITY OF COLLEGE STATIDN - r c-· i;o x !i 'h,o 8K-41LT~ll . C OLL F G ~. S T ~TIQ N , rx 7784 0 <713.> r:-:9 'J .. t)86S. . ··, . ·.· \ !" ..... '· . CUfl P ;\ °TCJ W[ '/70 J 6 D MONEY ORD~R' . . .... .,,.. . ' ~ . TAXABLE VALQ!Ol GE siiA1idN 5 I TAX RATE I l (H.: • ) i.. TOTAL + 44 {!~1,::.', TAX . "!~-:---• k) /J~ h-:i ., . (!/ df DATE REC'D BY . ,,y F ,; '.) Ii ;,.,~~ l\ f; ;..; .1 !..<L -,~;Jc, S l·P': \. . \ TOTAL . ~--~ :-;"· '!· ·<; ...... ·' i . :·;: ~t.:.: ~ -r~:~~ ·:.. ,., : . --~ ;·:~t:::·~~ :-.~~~?~0~~~ ' . ' ~. -~-~--.. _. · ... _ ,,. . ~-~· ·-: -· . ... ~: . ·~ -. . .. -. ·.-._ .. __ ~-.. :;; -~ .• /·.:~·=--f;."': . ··-.... ~~-.;,", . .' •t'. -~·.-. :·r~?-.~~~ , -·~. ;,f, ......... -=·-1 ... . "_;;~. "~-:.:-~ --· ·~: ~:. ~!-:\~-- ...... -·' JE OR SUBDIVISION: __ REDMOND TERRACE 3 f3, 4, 5, 6, 7, and 8 I ' E-1 · T ~-0 DRESS : 311 Redm.Q .... nd...._D"'-'r._ . .__ ___ _ ACCOUNT NUMBER 6700-003-0030 TAX CERTIFICATE RECORD dered By Date of Issue Year Cleared BC 4/28/78 1977 ·PrTi::t 1~-s-1~ 1'1/S BUILDING PERMIT RECORD umber Date · Amount Purpose '.246 4/15/6( 273,000 Apt~~ Unl s ~287 7 /21/6( 4,000 Swim. Pao l ~657 7I19/7L 16,500 ·Repair PHOTO I , '. . . ... ~ .. f. . ,.· .. {• I .... (2) OWNERSHIP RECORD Name Date Deed Records De ed of Trust Volume & Page Volume & Page H. E. Redmond Allan Zidell ( Po soda Del Rev) 4/8/66 254 535 Investors Real Estate Lmtd. 12/28/72 311 575 Posada Del Rey, Ltd. 12/13/78 413 802 249 625-658 ,_l4_l ___ s_o_A_R_D_o_F _E_o_u_A_L_1z_A_T_1~o_N __ --I ·-'5_)_~--~-SUMMATION_ OF v ALU ES 3 ~ D isposition Date Y ear Rat i o Land LAND Improve- ments Personal Amount fiR7.000 (6) CHARACTERISTICS & CLASS (7) MODIFICATION FACTORS a. LOT SIZE : :\ \C\ ,'-\I 'l \:::::.5 .. t:::; '}-..s os 'l \\~. ,. Reaso n Footage Factor b . TOPOGRAPHY c. STREET IMPR. d . UTILITIES e. ZON I NG <:;.; ._. n t:..a T'" :1n Level ...... ~Un i mproved Water ~ Aes identi1I \~¥ . \ () - Sloping Graveled Sewer ...... Duplex 1""'1= .()f-., High Paved v El ectrici ty .... Apartment Y' l\o-t .:e. • o"" Low Curb & G.utter ..-Gas ..... Commercial .9 \ Ravine Sidewalk Bu1ane Other (8) COMPUTATION OF LAND VALUE ........ ....... Year Appr aiser Unit Modifying Modified Frontage 100% Value % Adjusted Value Factor Unit Value or Area Adj . V alu e ... ,. I ci'l <t :Sc \.so a 9\ 1.3~ c.q 'l':\·s '14 i~q ----------~~~~~m:mm:~~--~ . . . . ::: .,_ .... -'·, ... -------------------...1 O f UO •Uv3 -0 0J IJ ' ; CITY -o~ C O(LE~E S fATtnN aK.J1LTS~l-D . " c ;\o x ?9oO C UL L ~G E S TATION, TX 7 7a 4 o (7).3) (~9 ~~-~668 A . '> l ;.--i · C D L ~l , ~ I /·. L ;i [)IJ ~HH 1 T X• .. --.. . c o •~r A Tr_W r 7 7 () 3 6 TAX RATE TOTAL ._TAX + . -. : .. ! J:. \f D:. C J ,'., :-1 F c ~-· n:. Y J -~.' ! J <_..1 L A I ;r:, S i.~ -,. I ""''i J ~~ . --!,J '·=-' -.1' "d _....,,,;::J ..... _c, __ . ----- 1\..;;.j. I ,... '"' ; .... , ..... :no 1')0 \ !'i d(C-: ;, """' '1 ·'·Lt t.l ;'.J L "'•.Fi-;_-1. -'· "I ro ' J ;:l ,?i4t-;i 4~;6,6d :.i.n~ol. S 13ll '..\ . I 5 1-t2i 2:i p & I COST i 7l1J i:'.: .. 271~2-· .-271IJ 2 . 271~2~ 29 0 ~0 2 2 9 '.)SL?. )Q·}9.4 . I 3 0~' 3cj 'J 3 1 l ~r.1 l :'.I, l_r)o ·:>-~ -'I .... ..,,. ?22fi3l'. • ' --:ns ·'4 - I ·. ··-1 -I . f DATE .°. _ REC 'D BY TOTAL ~ .·-'d7Tl I,,.? ---'-----~· . ! . j ....._, \ ·--.,,,_,' " \ \ . . } . --~ _._ " i-'~;4. ,;; ;::~~ .... -. ·. · .. --.·-.. '~ _ .. ,_ .... ·:' . ~:. ;. ·::; c .. :_..: _;~t ·-~­ . ----~::-,-.·· .. ..... \,,.• ,•' . . . ,,· ZONING BOARD OF ADJUSTHENT FILE NO. Jan-Wic Homes, Inc. _Nailing Address __ P_. _O_._B_o_x __ 9_9_3_5_C_o_l_l_e~g_e_S_t_a_t_i_o_n_,_,_T_e_x_a_s_7_7_8_4_0 _______ _ Phone 693-3955 -----------~ Location: Lot 3 Block Subdivision Whitley Description, If appli~able In the Crawford Burnett League, Ab st r act No. 7 Action requested: Grant variance for proposed parking lot at 1806 Welsh St. NM1E ADDRESS (From current tax rolls, College Station Tax Assessor) Tract 149 C. Burnett Tract 152 C. Burnett Larndry, Larry Enloe Constr11ction Co P.O. Box 3752 404 University Dr. Bryan, Tx 77801 College Station, Tx 77840 Blk. 6, Lot 15r-22r Southwood V Whitl@y, Lots lA, lB, 2 Blk. 6a, Lots 3,4,5,&6 Southwood V Southwest Stor-Mor Cain, D.R. P.O. Box AV 602 Southwest Parkway College Station, Tx 77840 College Station, Tx 77840 Whitley, Lo_t 4 Redco Co. P.O. Box 7508 Waco, Tx 76710 Wb it 1 ey , I. at 5 Tract 51 C. Burnett Robert Whitley A&M Consolidated IS I P.O. Box 7508 100 Anderson W;:irn . T x 71171() ZONING BOARD OF ADJUSTHENT FT.LE NO. Present zoning of land in question --=C~--=l:__ ____________________ _ Section of ordinance from which variance is sought ___ .;..7_-..::D:...=:2=------------ The following specific v2ria tion from the ordinance is requested: _..::s:...::e::....:e=--.c:.D..:.r..:::O:..i;P::....:O:::..:S:::...e=d- parking plan. (8copies) Set back for the proposed plan would be reduced to 4 feet instead of 8 feet. ---------·----------------.--,.---····--· -··---. -·--·' ·--,-----·----- This variance is necessary due to the following unique and special conditions of the land not found in like districts: ~ 16 foot rightaway on Welsh street necessit~t~~ the variance . .. . ::....;,;....'\ The following alternatives to the requested variance are possible: Take the full 8 feet set back and reduce .the remaining parking lot by 16 parking spaces, ihus leaving inadequate parking for the project This variance will not be contrary to the public int<~res t by virtue of the following f~ct-~: In no way is safety compromised with the proposed variance. The proposed plan includesa 16 foot rightaway with a 4 foot set back leaving a 20 foot landscaped green belt between the road and parking lot. Typically an 11 foot ·rightaway with an 8 foot set back would leave a 19 foot green b~ t. The facts stated by me in this application are true an<l correct. ' April 8, 1983 Date City of College Station POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE SfATION, TEXAS 77840 May 25, 1982 MEMORANDUM TO: FROM: Planning and Zoning Commission Wick McKean, 2553 Texas Avenue, College Station, TX Project Review Committee ~ Al Mayo, Director of Planning~-. Elrey B. Ash I I, Director of Capital Improvements Jim Behling, Planning & Zoning Chairman Other Staff: J. Kee, Zoning Official H. Davis, Fire Marshall J. Guidry, Electrical Superintendent J. McCord, Electric Power Eng. J. Braswell, Gte S. Volk, Planning Technician SUBJECT: Welsh Office Bldg Parking Lot Plans ,, The P.R.C. met on Tuesday, May 25, 1982 to review parking lot plans for an office building on Welsh St. south of the corner of Southwest Parkway. The P.R.C. recommends approval with the following condi- tions:"• {1) Need m1n1mum of 30 parking spaces plus spaces for employees. {Add employee parking.) (2) Show width of the existing curb cut between this property and adjacent property. (3) Need 8 ft. setback from property line on Welsh St • . to the raised parking stops. {4) Need 6 ft. sidewalk next to the building to accommo- date the 2 ft. overhang of parking spaces. (5) Need landscaping plans or notes on plan. ( 6 )' . Fire hydrant will point on building Fi re Marshall. cerning this. be needed within 300 ft. from farthest to be located at point designated by Confer with Jerry Bi shop con- (7) Need 10 copies of revised site plan by noon, Tuesday, June l , 1982. *Any changes to the approved site plan must be cleared through the office of the Director of Planning. sjv February l, 1983 MEMORANDU M TO: FROM: City of College Station POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION. TEXAS 77840 Planning and Zoning Commission Wick McKean & Steve Hansen Project Review Committee ~ -~ Al Mayo, Director of Planning~ David Pullen, City Engineer . Jim Behling, Chairman P&Z Other Staff: Jane Kee, Zoning Official Dan Dupies, Ass 1 t to Zoning Official Harry Davis, Fire Marshal Mac Allen, Director of Public Services Jim McCord, Elec. Power Engrs. GTE Representative Shirley Volk, Planning Technician SUBJECT: (82-1116) Office/Retail Building by Jan-Wic Hornes, Inc. located on Welsh The P .R.C. met to discuss the "as built" plans and the plans which had been approved by the P&Z, but which were not the same. After discussion df the actual 4 1 -0 11 setback instead of the required and approved 8 1 -0 11 setback, the safety and asthetic reasons for the 8 1 -0 11 requirement, and Mr. McKean's statement that an error had been made for which he apologized, the City Engin ee r (David Pullen) and Chairman of the P&Z (Jim Behling) indicated that in their opinion, the 4 1 -011 setback which is provid ed is acceptable, and they can recommend to the P&Z the "as built" plans be approved. Their reasoning is that they believe an error has been made. Mr. Mayo disagreed with this recommendation, because when th e developer was ques- tioned about the error, he admitted that the dimensions on the original site plan had never been adjusted after the P&Z required the eight foot setback. A suggestion followed by the Assistant Zoning Offici al that if the 11 as built" plans are approved•, the developer perhaps wou ld be required to provide more intensifi ed landscaping on a berm along this front setback to compensate for the lac e of space provided. sj v " City of College Station P OST OFFICE BOX 9960 1 10 1 TEXAS AVENLJE COLLEGE STATION, TEX--\S 7 7 840 March 10, 1983 MEMO RAN DUH TO: Planning & Zoning Commission Wick McKean Director of Plannin~ FRO M: Project Review Co mmittee: Jim Callaway (for Al Mayo), Assistant David Pullen, City Engineer Jim Behling, Chairman P&Z Other Staff: Jane Kee, Zoning Official Shirley Volk, Planning Technici a n SUBJECT: Office/Retail Building by Jan-Wic Homes, Inc. located on Welsh St. (82-416) Th e P.R.C. met to discuss the revised plans and the plans which had been approved by the P&Z, but which were not the same. After discussion of th e required and approved 8 1 -0 11 setbac k , the safety and asthetic reasons for the 8 1 -0 11 requirement, and Mr. McKean's statement that an e rror had been made for which he apologized, the City Engineer (David Pu! len) and Chairm a n of the P&Z (Jim Behling) indicated that in their opinion, the 4 1 -0 11 setback which is proposed is acceptable, and they can recommend to the P&Z the revised plans be approved. Their reasoning is that they believe an error has been made. Mr. Callaway disagreed with this recommendation, prefer- ring the required 8 ft. setback . Agreement was reached that the dimensions on the parking lot were acceptable and would handle traffic and parked vehicles, however, it was pointed out by staff that 36 parking spaces are required for this project, and the plan as shown at the time of this review only provides 32 parking spaces. The P.R.C. recom mends that these required 4 spaces be provided for. P.R.C. also requests that actual dimensions be shown on the site plan. Any changes to an approved site plan must be cleared through the Office of the Director of Planning. Provide 10 copies 'of the revised plan to the Planning Department by 5 P.M. on March 11th rn order to be includ e d on P&Z Agenda for March 17th . sjv ) ) P&Z Minutes 3-17-83 page 5 to be left open pending a resolution of access to the Drew Wood property and any access agreement or arrangement should be referred to our City Attorney because it involves 2 property owners. Mr. Miller asked if the landscaping plan received goes w~th this plan and Mr. Callaway replied that it does. Mr. Callaway suggested that the curb be changed as necessary to accommodate any changes and further suggested that a certificate o f occupancy be withheld unt i l t he access problems are resolved, or if desired, the building permit could be withheld until access problems are resolved. Mr. Hall said that this Comm i ssion is penalizing this applicant, and it is really not their problem, but rather the other neighbor's problem. Mr. Kelly suggested this item be tabled un t il the access agreement is reached or curbing is agreed to around the entire parking area. Mr. Bailey made a motion to approve with P.R.C. recommendatio~s plus the requirement that a 6 11 raised curb be placed around the entire parking area (specifically between the area of Drew Wood's property and this warehouse project.) Mr. Hall asked for an amendment to this motion to say that the entire parking area must be curbed or an agree- ment concerning access reached prior to issuance of a C.O. Mr. Bailey refused to have this amendment made to his motion. Mr, Callaway asked if this included the right-hand side of the property between this project and the future proposed project, and Mr. Bailey sa i d it covers what was recommended in the P.R.C. report. Mr. Kelly asked if we couldn't 31 low the use of wheel stops because it would be temporary and Mr. Callaway said it could be allowed. Mr. Miller said he preferred curbing because 11 temporary 11 wheelstops have a tendancy to become permanent. This motion died for lack of a second. Mr. Fleming asked what would keep trucks from jumping the curbing, but no real answer was supplied. Mr. Miller asked what would happen if the Commission required the Building Permit be withheld until an agreement is reached or the area is curbed. Mr. Bailey said the motion which just died would make Drew Wood work harder at reaching agreement. Robert Schmitt spoke from the audience stating that some kind of agreement has been proposed at this time. Mr. Hall made a motion to approve this plan subject to either an agreement regarding acces s between property owners being worked out for joint access prior to the issuance of a C.O., or installation of curbing around the entire parking area, (he referred to item #5 of the P.R.C. report). Mr. Fleming seconded the motion. Mr, Kelly said that a letter or instru- ment of agreement or the curb around the entire parking area would be required before a C.O. is issued. Motion was defeated with Hall and Fleming voting for the motion and Miller, Bailey and Kelly voting against it (2-3). Mr. Miller then made a mot i on to approve this plan with P.R.C. recommendations and with the understanding that a Building Permit will not be issued until either the curbing is included around the entire project (item #5 of the P.R.C. report) or an instrument for joint access which is acceptable to the City Attorney is presented. Mr. Bailey seconded the motion for purposes of discussion, and then clarified that the motion he had seconded required either an agreement to curbing on the site plan or an agreement to access. Dis- cussion fol lowed until the Acting Chairman cal led for votes. Motion carried 4-1 with Hal 1 voting against. AGENDA ITEM NO. 12: 82-416: Reconsideration of a Parking Lot Plan Revision -Office Building by Jan-Wic Homes, Inc. located on Welsh Avenue. Mr. Callaway explained the site plan which had been revised to handle some of the errors the builder had made. Mr. Miller asked specifically what changes were being proposed from the site plan which had been approved by this Commission at a previous date. Mr. Callaway explained changes included a 4 ft. to 5 ft. setback (rather than 8 ft.), the narrower driveway and the angled parking. He further pointed out that raised islands are normally ) ) P&Z Minutes 3-17-83 page 6 required, and this request includes some which ar~ raised and some which are striped. The reason for keeping the raised islands is that some are existing and landscaped at this time. Mr. Fleming asked why changes weren't made in December when the developer had b~en noti- fied of the errors. Mr. McKean ·of Jan-Wic Homes, Inc. spoke from the floor and stated that the parking lot had already been poured at that time. Mr. Kelly cal led a 5 minute recess at this time. After 5 minutes the meeting was reconvened, and Mr. Hall asked what this Commission would be allowing which it would normally not allow. Mr. Callaway pointed out the 4 ft. setback proposed is from the property line, which is also the street right- of-way line. He was asked when this trouble was noted and he answered it was prior to November 15th and the alternatives would be to go into the area marked "reserved for fu- ture development'' for additional parking and require the 8 ft. setback as the required setback would reduce the number of parking spaces available on this site. Mr. McKean explained the basic problem is the encroachment into the 8 ft. setback. He explained an error had been made and the building had not been placed where it was supposed to be. Mr. Kelly referred to the P.R.C. report dated 5-25-82 and said that item #3 required the 8 ft. setback. Mr. Kelly then asked for an honest opinion and stated the devoper just 4 blocks down the street had been made to comply to the 8 ft. setback and another developer had been required to install curbing and he wondered what would happen in the future if this "error" was allowed and the developer did not fulfill the recommendations of the P&Z Commission and the P.R.C. He further said he believed the Zoning Board of Adjustments would have to make a ruling, and he did not think this Commission should recommend approval of this revised plan. Mr. Kelly then asked the City Engineer why he had recommended that this revised plan be approved and Mr. Pullen said that if he had been dealing with anything other than asthetics, he would not have approved it, and at the time of the latest P.R.C. meeting there did not seem to be a reasonable adjustment to be required. It is his opinion that this decision does not affect the life, safety, general health or welfare of the cit- izenry of the Community, but rather is an error. He explained that at the time this error was noted, there was an infringement on the 8 ft, setback of not 4 ft., but rather a negative 12 11 -18 11 , for the green area was into the right-of-way, and he could have said that if it was going to be moved, it could be moved 8 ft., but he had previously found the 4 ft. setback acceptable and he is aiming for consistency. He then referred to a site down the street with the required 8 ft. setback, and to another one which is paved to the property line, with no green area. Mr. Miller asked if he would say the same thing if this project wasn't on the ground, and Mr. Pul Jen said that he would not, but as it is, it is not a matter which can be easily fixed. Mr. Miller added " ... without considerable ex- pense." Mr. Miller asked if Mr. Pullen is asking this Commission to legislate an error and Mr. Pullen said he was not asking this Commission to do anything. Mr. Hall said he wondered if a decision to al low this mistake would actually cause other developers to make the same type of mistake, but he also stated that the measurements of this project did not seem to be very complicated, and wondered how this error happened. Mr. Pullen agreed and stated that one problem staff has had to face is that there have been 2 site plans; an approved plan and the actual plan. Mr. Hall stated the proposed site plan would actually call for moving the curb back and if Mr. Kelly is correct in his belief that there will be a lack of room for manuvering a car in the drive and parking spaces proposed, per- haps it would be safer to leave the encroachment into the right-of-way. Mr. Kelly said the City Attorney has advised him there can be no encroachment into the right-of-way. Mr. Bailey said perhap~ the applicant should appeal to the City Council because after reading the condi ·tions to be considered by the Zoning Board of Adjustments which include "unique and special conditions of the land", he could not see how this land has any uni-. que and special conditions to be considered. Mr. Miller said unfortunate mistakes I ike this one can continue if developers get the impression that this Commission will bend the rules, and then asked why there is a setback rule if we do not plan to enforce it. He further stated that he sympathizes with the developer, but thinks rules are set to be fol lowed. ) ) P&Z Minutes 3-17-83 page 7 Mr. McKean asked the purpose of the 8 ft. setback, stated that Welsh Street has a 16 ft. right-of-way instead of an 11 ft. right-of-way, as he believed, and wondered ho w this 4 ft. setback would hurt the public because he is not in violation to the potnt of jeo- pardizing anyone entering or leaving this property. Mr. Miller advised he would have a much stronger argument if this project was not already on the ground. Mr. McKean stated he had gained nothing by the existance of the encroachment and what he is asking would not impair the people of College Station: He then cited substantial monetary loss to himself as a problem. He further stated he must have par k ing in front of the building to have a viable project. Mr. Hall asked what Mr. McKean proposes for the adjacent future project and Mr. McKean replied that it would have a full 8 ft. setback with the 16 ft . right-of- way figured into the planning. Mr. Hall said it is his opinion that this Commission must stick with the guide! ines and enforce them unless an unusual situation is prisented, and in his op1n1on, this would be an unusual situation; and under the circumstances and in view of Mr. Pul Jen's statement, he would make a motion to approve this revised site plan. Mr. Bailey seconded the motion for purposes of discussion. Mr. Miller then said he did not think it is in the jurisdiction of this body to legislate things contrary to the rules of the City and that there are other avenues than this body where this should be solved. Mr. Bailey asked the number of parking spaces required for this project and Mr. Callaway answered that 35 spa ces are required. Mr. Hall stated that perhaps the City Council would be in a better position to figure the cost and the political implications in many cases, but that this particular case could be solved by this Commission as it is simply a mistake. Mr. Bailey asked if the Commission would be granting a variance; and Mr. Kelly answered that it would not, but rather voting to approve this plan. Mr. Hall asked if this Com- mission has the authority and Mr. Callaway answered that historically the Planning & Zon- ing Commission has reviewed site plans and approved with latitude in some cases, but he could not state whether or not those projects were already on the ground. Mr. Miller asked again what alternatives the applicant would have and Mr. Bailey said that he could appeal to the City Council or go to the Zoning Board of Adjustments. Mr. Callaway informed the Commission that the City Attorney is of the opinion that the onl y alternative the applicant has is to go before the Zoning Board of Adjustments to request a variance, if this body does not rule in his favor tonight. Mr. Miller said he agreed with this, but Mr. Hal 1 said historically this was not true and that this Commission seems to be charged with this duty. The motion was repeated and an addition mad e to it to give the option to the applicant to relocate the 4 parking spaces at the rear with staff given the right to determine if they remain there, whether there is actually enough room for them. Votes were cast and motion to approve the site plan was defeated 2-3 with Hall & Bailey in favor and Fleming, Kelly & Miller opposed. AGENDA ITEM NO. 13: Other Business Mr. Bailey announced the next Northgate Committee meeting for April 6. Mr. Callaway said the Planning Dept. is currently working on an amendment to the Ordinance to establish a separate setback requirement for separate structures in a residential area. Mr. Bailey made the motion to adjourn with Mr. Hall seconding; motion carried unanimously (S-0). APPROVED: Roy W. Ke lly, Vice Chairman ATTEST: City Secretary, Dian Jones \\\ ..... , -' . \ o0 00 . evi \\"" 0'\. ~'\.· ·sS A o -JI -c.e \b !'1'1 eu• ·0 0) o C,O~ 0 'l 0 I \.\ '( • ' 'lne . s ese o0 'ln ~ 'ln'·s \''( c.es \00· 0o"-o '-I o0 \) · 0 ~n ·o0 ~s'l ·'le o' \es A uo"-'. 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I I I .... _ ~ ·~· ·'.;· ... :~ /: OAO -~----·------ ===================================================== ·.'~ ITEM NO::'.:?f.t Case No: 82-4 16 Scale : 1"=600' ==============;.::=·:=========================================== Type of Case : PARKING PLAN <REV ISION> ===================================================== OFFICE DUILD il\JG Sou t hw est Parkway Welsh Ave .~ 500 fee t south of ========~============================================ .··,r _,. . ~~ i ,,. ;': .. : · .. ;. · .. .• <~--~.--·. : HIGH SCHOOL SITE .;J f·' ~}~"'.. •,,··.·· 1ic'.· , . '.:..; ~--. ··:.::: ~l ::r •• :-'"· ~:· • ... - . : . .-...·· . . .... -..... ZONING BOARD OF ADJUST ~IB N T FILE NO. ___ _ Name of Applicant Joe Fazzino , Tr ustee _Nailing Addre s s __ _:_P...:..· -~O . _:B::_:o~x~3:....:4~7...!...7_~Br:_,ya.z:::::_n::__,~T:..::e:.::xa::::::s_J_7 .l_.7 .::_8 ~05,::__~------------ 822 -0914 -779-865 8 Phone ------------- Pay m cn t h ere o f is :.ccu r cd hy a v~n dor ' s lien e :xores s l y r etained i n de e d o f e ven da t i:: :;e r ·1,·i t h e xecu t e d by Joe CeJllino, e t ux t o t h e maker Ji e rn of upon the h erein a f te r des c r ibed :real p r o pert y and i s a c!diti on al l y s~c u re d ty a fued o f Trust the r e on to Elme r McV ey T r J.sr_ee, t o -\11 i t: i3ein g a 2 3 . 21 acn; t ract o f J.and situ a t e d in the Morg an Rec t or Lea~t :c , Abst . No . 4 6 , Br a zo s Co unt y, Te x a s , ;m d cornp r i s i:1g a J 1 o f tho se t r a ct s of l an ci c on veyed t o Joe Ccmin o , e t ux by de eds recorde d in Vo l. 199, pg . 1 93 , and Vol. 2 0U, pg . 71, De e d 1\e co r ds of Br azo s Co un ty , Texa s , an d b e j n~ Jrore partia1larly de s cri be d by met es a;-,d :Jotn d.J i n de ed an d deed o f trust of e ven d a t e f>e r e with . · Action request e d: Exoans i on o f' a n on e on f oriin i rrEg:i.:_1 ~u~s~e _____________ _ NAflE .ADD RESS (Fro m curre nt tax rolls, College Sta t i on Tax Assessor) <A • '# ZONING BOARD OF ADJUSTHENT FlLE NO. Present zoning of land in ques tion ---"R~--=I ____________________ _ Section of ordinance from which variance is sought _S_e_c_t_i_o_n __ 8_5_0 __ ~------ The following specific v2riation from the ordinance is l~equested: To all ow a tra j ler which hac:: been i n Pl e asant Fore c::t mobil ·_park for approxiinatl.L five years to h a ve its present e lectrical connection with ci ty pow..e..r.:__ to be brought u p to city ele c trical co d e . This variance is necessary due to the following unique and speci~l conditions of the land not found in like districts: City co d e r ea uir e s everv t r ail e r to be metere d separately : mete ri ng requir e s a n e l e ctric a l p erm i t ; ·vhich can not be i c::sJJed ta a non - · · con f or:ning tra j J e r vd t b out a va ri a nee ta secti a n R50 of zoning ... :,,;....:;...\. ·- b!'.l p b een 9r d iance hi s v a ri ance i s necess r even ~ t he trai ler ar_b1 or s ome i ve yeaFs an d the park existed before was J)as_s e d JV t h e . ci t v , . . The tollowing alt'ernatives 'to the requested variance are possible: the the or d i ance only a lternative is that the ow ne r of this trail@r '.110 µ.l ·d r elocate t h i c:: trailer in another· ;" par k . The own e r o f the oark would 1 os e ren+ai. on on@ space p resent : ~hen they bo ug h t the p a rk s o me two year s a g o. This variance will not be contrary to the public interest by virtue of the following f·~ct-~: Since thi s tra il er h a s bee n accepte d in its present :po.s..ition f'ar s ome five y e ars an d a llowing t he up d at e o f its e lectrical to city code woul d cha n g e n oth i n g in the p ark ; there s hou l d be n o change in nublic . interest . The atcd by me in th is application are tru e and correct. '/;;1~fJ?2 dt?e;;~. '? / 7.G ----------------------' .-Lot 13, 14, Pt 15 Lakeview Acres Tr. 77 Morgan Rector Bertrand, Clint A. 120 Millers Lane College Station, Tx. 77840 Blk. 15A Lakeview Acres First Assembly of God P .. \). Box CD College Station, Tx. 7784~ Lot 16A Lakeview Acres Miller, Ralph % B. H. Ransdell 504 Gilchrist College Station, Tx. 77840 Blk. 16B Lakeview Acres Everett F. Treadway 1803 Shadowwood College Sta ti on, Tx. 77840 Tract 49 Morgan Rector Homefinder Realty 1055 Texas Ave. So College Station, Tx -: 77840 Blk. 15 Southwood Valley Southwood Valley Inc. P. 0. Box AF College Station, Tx. 77840 Blk. 16, Lot 23 Southwood Valley B-Gap % W. J. ~vatkins Route 3, Box 477 Abilene, Tx. 79605 Blk. 16, Lot 25-31 Southwood Valley Republicbank of A&M 111 University Dr ive, East P. 0. Box 2860 College Station, Tx. 77840 Blk. 16, Lots 32 -34 Southwood Valley Doni, Inc. P. 0. Drawer AV College Station, Tx. 77840 Blk. 16, Lot 35R Southwood Valley Bandera Construction Company 1701 Southwest Parkway, Ste. 105 College Station, Tx. 77840 '" ZONING BOARD OF ADJUSTNENT FILE NO. Name of Applicant ----------· A Ni~...l LOU J?.SSUP Y.ailing Address ___ 115 I -F.E STRB'.E T, COLL"'.Gµ: STATIOH T ;( ------~---------~ Phone f:9 3~5286 ------------ Location: Lot \f9/1 0 Block '·I _, Subdivision OA l<W OCD PDDIT IOi"J Description, If applicable ---------------------------- NAME ADDRESS (From current tax rolls, College Station Tax Assessor) ----------------------------------·------~--- ---·--------------------------------- ' ZO NI NG BOARD OF AD JUSTHEN T FILE NO. Present ZO P..in.g o f lan<l in q ue stion s I ~G LE F.t11U. LY P-1.''. srrn!\ NT l i ~ L Section of o.::-di nance from wh ich varia nce is s ought SS T-BA,CK1. R;;:QU IR.r.~ME NT S The followi n g s p ecific v2riation from the ordinance is requested: --------- 0 8' TR U D F.' s FF.ET ll'iT0 S'lDF..' ,")~ r BA Cl'-,. Ai'J D:·"ft I'fR OX U ;\T:!'."t.Y 17 r~~·-~ l f 1_ u RRA R S~ TB/> c:._. This variance is necessary due to the following unique and special conditions of the lan<l not found in lik2 districts: TBF. f·Ar l i'"L ~G i1 1~··.1l .LS PRESE NTLY I N PLACF.AND DF.SIG W.D ------- FOR ACC ESS FR OM EITHE R f.:ND. POSITIO NINr; OF THF.: COVER IN ft.NY TU RN ING RADIUS . 0:'1~ S P AC'.<'. WOULJ) E'S LC S'l' 1 OR DUAL .ACC t<.':SS WOULD · !;" · '-'""f ,. ··~ ...,~ -(;>-~-· ,...,. '-"' e·· r "1' .,. , "I -bt; L v5 , .. r ... -.11 ··.i.\.-rJ .!. 1...u•,v<:.v 1TA f \"i 1 .J1t;.{~N Z l1 ,; :q'I, f ~·-.\)l.JL{·.1'i :<,_·.,£._,, The following alternatives to the reque sted variance are possible: -------- NOUS This variance wiil not be contrary to the public interest by virtue of the following fc~ct~: WI LT, /\D!) PROP~RT Y '/ALUE . AND IMPR OV F. .APP ~AR/> NC~:;_" ____ _ The fact s stated by me in th is app lica tion are true a n d corr e ct. £.__.,4_~.~ App l ica ij Da te . /<' D cl 1u:Jr ~((_, ;1q L ee · Q (?. TX . /7 S <./ 0 71 ~'/-oYv ?)~a/JIUL ) /2"J Lt: e ~ S 01.. . 77BY-o fP_Nu~u I CJtlc10 JO~ l_c_ e fls .n . /7BlfcJ fJcx±fi:~iv j Ja_J~ /II~ ~f as , n . 77 B t/ o ~~ fi!L~ /O~ ll-L 9- C-0 -~. ·778~-o f !J--i;,tut w . fJ J /00 ~U' C-0 . n.., 11eHo ~;,~ /Z U ~ 9-. e~. n . 17at10 Au~ JI! t; (f2 c;(~ ~.' {!S. IX. 77 8 y iJ /{1~-~0 E . C! · d ,--:j ) . l 1 7 I ~UL/-~tJ (!~ TQ · I 7 0'-( <) (L ~ fY1 ~dlA-&Uvd_;)_-ul /01) ~-vu ds ·TI . 7 7 g ~ D ., tJNX. __ . __ S{(~HI( ~r8 ~ ~ : · ... '.·:: • ··.1 .• ... ···. · .. • • ·4 .... . . .. .. . . · ·. ; ... . '·" .. . ; .... ;;: ........ . · .... : . : .... -·, . . . . . . . ... \ . ·. ~ : :· ~.:: :· :: I . . . . .. -. ·.: : ·:·I .· -. .... :: I ... . ·.· · .. :. ... " . . . . . ·. ' . . ~ .' •• f • .. . . ... . ·. OARRl!TT • McCLURB l!NOINl!!l!RINO ·• , . .~ .. I ~elliw;-S~ Post Office Box -4063 I I .520A Covitt Avenue Bryon, Texo1 7780.5 ~-"' Lcr/0 // ~8' ... ·•. ~· . . . : .. .-..... : . ..: . ... ' .. ... ··' :• ~ · . ·· .. ·. .. ' I MINUTES CIT Y OF COLLEGE STA TI ON, TEXAS Zoning Board of Adju s t me nt s Apr il 19, 1983 7:00 P.M. MEMBERS PRESENT: Acting Chairman Dan MacGil v ra y , Me mb e rs Up ham, Wa g ne r, Alternate Member Lind s ay and Councilor Boughton MEM BE RS ABSEN T: Chairman Cook a nd Member Donahu e STAFF PRESENT: Zoning Offic i al Kee, Ass't to Zoning Officia l Dupies, Director of Plan- ning Mayo and P l anning Technician Vol k Dan MacGilvray was cho se n Acti ng Chairman by acc l ama ti o n p ri o r to Age n da It em #1. AGENDA ITEM NO. l: App r ova l of Minutes from March 15, 1983 Mr . Wa g ner po i nt ed out a t ypog raphical error in the Agenda head in g for Agenda I t em No . 2 which in e rro r indicat e d No. 22 . Aft e r this chan ge , Mr. Upham made a motion to approve the mi nut es wi th tfr. \·lagner se cond in g . Mot i on carried unani mo usl y. Mr . MacGi lvray then in fo r med the aud i e nc e that for any variance to be granted, fo ur votes in favor mu s t be cast a nd be cause on l y four members of th e Board are present at this meet- ing, voting mu s t be unani mo u s to approve a ny vari a nce . AGENDA ITEM NO. 2: Con s i de ration of a var ianc e to the mini mum lot depth (Tab l e A) for townhouse l ots , in the Villa o n the Rio Gra nd e Subdivision (a n ew subdivision). App.J..i_- cation is in the name of To ny Jones . Tony J ones came forward, was sworn i n and presented t he backgro und of the plat, exp l ained the request a nd the reasons for it which i ncl uded the configuration of that particular lot which is the r esu l t of a very wi de easement for the Br yan Utilitie s v!hich runs throug•: th ~: propert y . He in fo r med th e Boar d the square foot age is much more tha n normally required in R-3 or R-4 zo n es, b u t t he de pth i s not the requir e d depth. Mark Sadoski c ame forward a nd was sworn ini he stated that he was an area resident and asked where the main e ntrance to this townhouse project will be . Mr . Jones pointed it o ut . Mr. Sadoski th e n spoke of his object i ons to hav in g larg e dumpsters in full v i ew on the s tr ee t i n front of projects a nd Mr. t1acG i l vray ex p l ai ned that t he o nl y thing th i s Board can co n sider at this meet ing i s the lot dimens i ons referred to in the r e qu es t . He further informed t\r. Sadoski that he s hould voice this object i on to the Cit y Council. Mrs . Kee the n in dicated that staff has no prob l em with this var i ance request. Disc u ssion conce rnin g the proposed p r oject fo l l owed after which Mr . Wagne r made a motio n to a uthorize a variance to th e l o t depth (Tab l e A) of Lot 15 from t he terms of t hi s o rdinan ce as it wi I l not be contr ary to the pu b lic inter est due to the fol l ow in g uniqu e a nd specia l co nd i - tions of the l and not normal l y fo un d in like d i st ricts: (1) the unique boundary configura- tion ne c ess itates th e variance for setback a nd the l ot in quest i on has more square footage tha n nor ma lly r eq uir e d a nd beca u se a s trict enforceme nt of the provis i ons of the ord in ance wo u l d result i n un n ecessary hardsh ip, and s uc h that t he sp irit of th i s ord inanc e sha ll be observed a nd s u bstant i a l justice do ne. tfr. L indsay seconded; motion carried unanimously ( 4 -0) . AG EtJDA ITEM NO. 3 : Consid e r at i o n of a varianc e r eq uest to Se ction 8 -D.9 of Ordinance 850 li mi t in g c o mme rcial bu s in esses to one d e tach e d s ign. Application is in the name of Plan ta- t i o n Oaks Apa rt me nt s/Tower Prop e rt i e s LTD. ~SA i \ i nu t es 4 -19 -83 page 2 The r e was no one present to represe n t the appl i cant, ther efore Mr. MacGi l vray made a mo t ion to tab l e th i s i t e m unt il the ne xt meet i ng . Mr. Lind say seco nded the motion 1·1hich carried unan i mously (4 -0). AG ENDA ITEM NO. 4 : Con s i de ration of a var i a n ce req u es t to Se ction 8 -D.3 Ordinanc e 850 1 im i tin g the area o f a s i g n to 150 s qu a r e feet . App li cation i s in the name of Monaco 11, Ltd ., dba Agg i eland "C" Apartments. Me l Chase, repr ese ntat i ve of the applicant came forwa r d, identifi e d hi mse l f and 1·1as s1·1orn in . He gave t he backg r ound of the apartme nt s a nd th e ex i s ti n g sign in ex cess of 180 sq. ft . wh i ch rep l ace s 6 non -conform in g s i gns wh ich tota l l ed in excess o f 180 sq . ft . wh i c h the apartme n ts previous l y had. (He said they had s i mpl y replaced 6 s i g ns wi th one of eq ua l size). He then exp l a in e d the request citing uni que and special conditions wh ic h inc lu d ed th i s existing sign not be i ng l oca t ed in a no r mal pos i t i on for a s i g n to advertise somethi n g (i t is d i ff i cu l t to see i t from a major s tr eet). Mr . Upham tal ked abo ut rules co nc erning no n-conform i ng uses a nd t he usef ul 1 i fe o f a no n-co n form i ng s i g n , p lu s the fact that the no n-con fo rm i ng detached s i g ns had s ince bee n replaced by 2 detached signs. Mr . Chase po inted out that thes e signs repr ese nted 3 d i f f erent bu s i nesses wh ic h have d iff e r ent ow nerships , t ax numbe r s , e t c. Mr. MacGilvray pointed o u t the l o c ation of th e s i g ns on a map on the wal 1 wh i ch Mr. Chas e had p r ese n ted at t he mee t ing . Mr. MacGi l v r ay asked ".·1 hat had l e d to a n y action, and Mr. Up ham s tat e d that the s i gn whi ch had been pa int ed o n the bu i ldin g is t oo lar ge . Mr . Chase s aid the s i g n pa i n t er had des i gned this sig n to r eplace 6 s i gns, and that the app l i ca nt had be l i eve d the pa i nter k n ew t he o r din ances . 01·mers h ip of the apartments v s . i nvestor s in th e apartments was discussed after which Mr. Ma cGi lvra y inte r rupted a n d as ke d w~at th e r eq uest i s fo r. Mr s . Kee poi nt e d o u t that the request concerns the s i gn o n t he bui l d i ng whi ch is l a rg e r t ha n the ord in ance a ll ows , but that staff requests that th e Board cons i der th e 2 de t a ch e d s igns as 1,1e l l, beca u se her infor mation from the City Tax Off i ce indicates that al 1 three properties are owned by Cal !away Prooer - ties . Mr . Chase sa i d that Ca ll away Pr ope rti es had o n l y managed the properti es f o r 9 Go nt hs . but i s no lo nger ma nag i ng th em . He a dd ed th at the books had been changed ove r on Februar v = 1983 in the Ci t y Tax Of fice . He asked t o be al l owe d to po i nt o u t mo r e un i q u e and special cond i t i ons c i t i ng tha t the s i gn co ul d be r ea d f r om o n e direct i o n on l y (not do ubl e s i ded) and the tax r o l ls 1 i st th e property as z o ne d both C-l and R-6, and then he requ es ted clari - fica ti on, be c ause R-6 r egu l at i ons are bei ng applied to Lots 18 , 19 & 2 0 wh i ch are zon ed C-1 . Mrs . Kee conf ir med th i s, s t at in g that C-1 u se a l l m-vs o nl y one deta c hed sign and is mo r e r est rictive t ha n R-6 . Mr. Wag ner aske d i f the detached s i g n s are in the Cit y r i g ht - of -way and Mr s . Kee in d i cated tha t sh e be l iev es they are . Mr . Ma cGil v r ay aske d if there are three s i gns or one s i gn wh i ch a r e being con s i de r e d ton i gh t . Mr. Lindsa y request ed t hat any ac ti on to n igh t be 1 i mi ted to th e one s i g n wh i ch is 1 i s t ed o n the requ es t for va ri a n ce, t ha t being t he s i gn pa i nted on the br i ck a nd mason r y wall a n d wo u ld be covered under Ordi na n ce 850 Se c t i on 8 -D.3 . He further s tated th at th e iss u e i s whether that one s i g n should be allow e d to be g r eater than the a l l ow ed 150 sq u a r e feet i n s i ze . Mrs. Kee st i 11 r e quested c l ar i f i catio n co ncerning the tw o detached s i g n s, a nd Mr . Li ndsa y s a i d this s ho ul d take p l a c e at another t i me when another req uest for va r iance , or appeal o f a de cis i on is f i l e d. Mr. Upham asked fo r s ome kind o f p roof of sepa r ate ow nersh i p sho ul d these signs come u p in the fut u r e . Mr. Chase i nd i ca t ed that 8 11 of th i s s i g n co ul d be s a n dblasted fro~1 th e t op , a nd 7 '' from e ach s id e , and it wo ul d comp ly b u t wou l d not be v e r y pretty, o r they cou l d go back to mo re temporary s i gns as be fore ci t in g they had not ceased the u se of the n fo r 12 mo nth s (O rdin a nc e 85 0 Section 4 -D.3. Mr s . Kee passed around p i ctur es of 3 s i gns adve rti s ing "A gg i e l a nd Apartments", a nd sa id t he r e is a quest i o n as to whether th e se sian s a r e ne w or non-confo r min g s i g n s whi c h ha ve been pai n ted and a n a d di ti o nal new sign. Sh; s aid the app l icant o r rath e r Ca l laway Pr ope r ti es ha d been not ifi ed i n February that the y 11o ul d be a l l owed o nly one s i gn (fo r o n e apa rt me nt project), b u t they apparen tl y decided to r e f u se to c om pl y or s imply wa n ted t o wa it unti 1 t hi s r e quest went before the Board. Mrs . Kee fu r th e r ind i ca t e d the Ci ty r e ceiv e d correspo ndence back i n Apri 1 acknowledgin g the l e tt e r and r e fe r r e d to "Agg i e l a nd Apart me n t s " as 3 apartme nt comp l exes~ She e xp l a i ne d ,_i3f\ i·\ i rlU l <..'.S 4 -1 9-83 page 3 that she had ment i oned in the memo that the app li ca tion does not refer to the other 2 signs, but she is req uesting clarification o n them as well. She exp l ained that the Management is contending that the 2 smaller detached s i gns had only been repainted and the wall s ign i s new a nd was painted on December 20, 1982 . Mr. Upham repeat ed an ea rli er request to the e ff ec t that no decision should be made on anything other than that which i s stated in the request for variance, whi ch is one lar ge non -conforming sign . More discussion followed after whi ch Mr. Lindsay made a motio n to deny a var i ance to the sign (Sect i on 8 -D.3) from the terms of this ordinance as it \·1i 11 be co ntr ary to the pub li c in terest, due to the l ack of uni que a nd spec i a l conditions of the land not norma ll y fo und in 1 i ke d i s tricts a nd because a strict enforcement of the pro - visions of the ord in a nce wo uld not resu lt in unn eces sary hardship . Mr . Upham seconded the motion wh i ch ca .rri ed unanimously (4 -0). Mr . Chase indi cated from the a udience that he wil 1 wa n t to appe al th i s, especiall y con- cer ni ng C-1 a nd R-6 regulations . Mr. MacGi l vray info r med Mr. Ch ase that appeals of a cti ons of thi s Board sho ul d be taken to a Civil Court . Mr . Cha se asked a q u est i on from the flo or as to v1hether or not the alternatives he had proposed earlier wo u ld be sa tisfact ory to the Board, and Mr. MacG i l vray a nsw e red that as pertain i ng to t he large sign painted o n the s i de of the b uil ding , i t \,JOuld hav e to stay w i thin 150 sq . ft ., and t ha t th e 2 detached s ign s wh i ch had been referred to in co n ve r sa ti on (b ut wh i ch we r e not i ncluded in the varianc e req uest) had not become a part of th i s eve nin g's act i on . AGENDA ITEM NO. 5 : Consideratio n of an appea l of a Pl anning & Zoning Commi ss i on decision denying s ite plan approva l d ue to the l ack of an 8 foot setback on a parking lot a t 180 6 ~lel sh Street . Appeal i s in the name of Ja n-\~i c Homes, I nc. ~ /" •~•~. Kee gave background to this appea l of the P&Z Commi ss ion d,ecision. Board Mem bers -\\\6: ~8:~ner, Lindsa y & Upham stated t hey had bee n contacted by someo ne concerning this appl i - cation bu t had decli n ed to discuss the it em wi th them . Mr. McKean came forward and was sworn in, the n r eq ues ted that thi s it em be tab l ed unti 1 a late r date whe n a quorum was ~ p r esent. Mr . McKean was adv i sed th at a quorum i s present at t hi s date , but he clarified by saying he would prefer h i s appea l to be heard by the Board when a ll members are present . Mr. Li ndsay made a mot i o n to table this it e m unt il the next mee tin g . Mr. Upham seconded the motion . Motion t o table thi s appea l until the n ex t meet in g carr i e d un a ni mously (4 -0). AGENDA ITEM NO. 6: Consideration of a request for expa n s i on of a non-conform i ng use , a var i ance to Se cti on l 1 of Ord i nance 850, to a ll ow an additional mobi l e home in the Pleasan t Val l ey Mobi l e Home Park. Application i s in the name of Joe Fazzino, Trust ee . Joe Fazzino came forwa rd, was swor n in and id e n t ifi e d him se lf as the appl i cant . He gave a b ri ef histo r y of the mob il e ho me park and of this particular mob il e home and stated that he had request ed the e l ectr icit y to be transferred to his name at the time he purcha s ed the park where th i s mob il e home was in p l ace , a nd at that ti me t he Ci ty sa id no i nspection was r eq uir ed at eac h c han ge of ow nership . He further stated there has been no cha nge in the l ocatio n of this pa r ticu l a r mobi l e home in the mo r e than 5 yea r s he ha s been aware of it . Mr. Up ha m asked how t hi s had come about a nd Mr. Fazz in o sa i d the Ci ty in specto r had noticed 20 homes in stead of the approved number of 19 , whe n he had bee n cal l ed to make an inspection of an adjace n t mob il e home . Mr. Wagner asked how th i s had come about and Mr. Fazzino s aid that on l y 19 lots had been p l a tt ed at the t i me the l a nd was annexed into the City , and therefore o nl y 19 e l e ctric me t ers had bee n a ppr oved . He sa i d thi s mob il e home had, s ometime s ince an nexatio n, been se rv e d e l ectr ic it y from a metere d po l e through conduit up to this home. He~i d the prob l em i s that he wo ul d 1 i ke to get an e l ectrica l permit to update the v1iring l/t his un i t, and cannot , beca u se there are only 19 permitted hookups and there a r e 20 home in the pa r k . The Board sugges t ed that this pa r k be replatted to s how 20 lots , and Mr. Fazz in o po int e d o ut t ha t the Mo bil e Home Park is a non-confo r mi ng u s e because i t is in a n R-1 Sin g l e Fam il y Res i dentia l area , was brought into the Cit y a t ~BA Minutes • 4-1 9 -83 page 4 the t i me of a nn exa tion that way , b u t had bee n a mob il e home park at the time of annexation . Rezo nin g was then suggested, and Mr. Mayo a n d Mr s . Kee informed the Board that this had bee n r e quested seve ral tim es i n the past an d had been denied due to object i o n s from nei gh - bo rs. After further d i scussio n concerning how this mi ght have occurred, it was established by Mrs . Kee that if th i s va ri ance is grante d, the Boa rd i s g i v i ng this app licant permission to have 20 mob il e homes in th i s park e ven if this pa rticul ar home is moved out some ti me in the future . Oth e r speakers we r e ca l l ed forward. Cl int Bertrand was sworn in and spoke as the nearest neighbo r, ind i cat ing that he does not object to thi s o n e variance for this o n e mobil e home in the park , and prefe r s t hi s type o f act i on rather than having a lar ge r park estab li shed. W.D.F i tch came for ward, was swor n i n and s tat ed that he owns land in the neighborhood and the mob il e home park has not h ind e r ed deve l opme nt of the area, and that he wo ul d be in favor of grant in g th i s expans i on for t hi s one mobile home, but that any ot he r expans i o n of the park s hould go throug h the regu l ar procedu r e, wh i ch he wou l d gen - era ll y oppose . Mr . Up ham made a mot i o n to a uthori ze the expans i on of a non-conforming u se as s uch expa n sion i s necessar y and inci denta l to the ex i s tin g use a n d does not i ncr ease the area of non -conformity devoted to a non-conform in g use and does not pro l ong the 1 ife of the no n-conformin g u se or p r eve nt a r e turn of s u ch p r operty to a conforming u se to wi t to a l l ow the tra i ler wh i ch has bee n in the Pleasant Val l ey Mob il e Home Pa r k for at least 5 yea r s to have the p r esent e l ec tri ca l con n ect i on bro ught up to Cit y El ectr ic a l Code Standards (Section l 1-B.3). Mr . Wa gner seco nd ed fo r p u rposes o f d i sc u ss i on. Mr . Lin dsay requested that the exac t tra il e r be i den t if i ed and th e app lic a nt then offered to -have an exact dra1·1in g of the prope rt y done by a n eng i neer wh i ch wo ul d id e nt i fy the l ots a nd the traile r s . Mr. Upham th e n ame nded h i s mo t ion v1ith the add i t i on o f th e follo\.<1 in g : "that the particular tra il e r unde r d i scuss i o n ton i ght (t he 20th trailer in th i s mo b i le home court which was p l atted fo r 19 trail e r s ) i s the o nl y trail e r cover e d by this mot i on and that the expansion is s ubject to exa ct i de ntifi ca tion by a draw i ng of the prope rt y by an e ngineer as offe r ed by the app li cant ." Mr. Wagne r seco nded this motion as ame nded. Mot i on as o ri gina ll y stated pl u s t he ame ndme nt carr i ed unanimou s l y (4-0). AGENDA ITEM NO . 7: Co n s i de r at i o n of a va ri a nce request to the r ear and s id e setback re - qu ir eme nts as set fo r th in Or d i na n ce 850 Ta ble A, fo r the erec ti on of a carport at I 15 Lee Street. Richard Harpe r came fo r ward, was swo rn in a nd stated that he is represent i ng the ow ne r of the p rop e rt y. He gave t he history of th i s home and the dr i veway which i s a ll in place and has bee n for some ti me. Mrs. Kee sa i d th e varia n ce r eq ue s t wo ul d be for 5 ft. i nto the s id e setback r eq u ireme nt s a nd f7 ft . int o the r ea r setback r eq uir eme nts. Mr. Ma c- Gi l vray spo ke of othe r poss ibl e so luti o n s to t he p l aceme nt of thi s carport and Mr . Harper po int ed o ut that th e po l es wo uld be in th e mi dd l e of the d ri veway in to t he carport as the bui l ding code r eq uir es po l e plac eme nt every so many feet for meeting wi nd l oad requ ir ements . J ack Perryma n was swo rn in a nd id ent i f i ed hi mse l f as a ne i g hb or o n Lee Str ee t, sa i d he ha d g r ow n up in t he area a nd req u es~ed that th i s va rianc e be gra nt e d and that he had no object - t i o n s to the carport. Mr. Wagn er po int ed o u t that ther e i s s ch ool-ow ned and u sed propert y ac r oss Timber a nd aske d whether a n yo ne knew if t hi s wo ul d eve r be us e d as R-1 Single Famil y Res i dential u se aga in to wh i ch Mrs. Bo ughto n i ndicated that th i s land had been do nat ed to the s chool d i strict by cit i ze n s and she doubted if they could se ll it, therefore it 1,1o ul d p r oba b l y a l ways be used as part of the ope rati o n of the schoo l dis trict. Board d i sc u ssion fo l l owed concern in g any poss i b l e uni q ue a nd spe cial c ondi tio n s wh i ch mi g ht include the lot s in th i s a r ea going th r o ug h from o ne street to a nothe r , the ex i st i ng s tructure being in the mi dd l e of 2 l ots a nd t he sc hool propert y ac r oss the s tr ee t wh i c h i s be in g used for other tll.:i n r es ident i a l use. Mr . MacGi lvray aske d to be show n why the ca r port co ul d not be l ocated in ano t he r spo t and Mr . Harper came fo r wa r d a nd showed th e max i mum clea r spa n al l owa bl e . Mr. MacGi l vray pointed out tha t up to 200 ft. can be spa nn ed , a nd Mr. Ha r per said the app li cant ca nn ot afford that type o f s teelwork. Mr . Upham ex plain e d tha t it i s the Board's o bli ga tion to exp l o r e - ZBA Minutes 4 -1 9 -83 page 5 a l l a r eas a nd Mr. Lin dsay furt he r exp l a i ned th e ob l i gations i mpose d by l av-1 that the Board ca n o nl y g r a nt va ri a nces whe r e ow in g to un i q u e a nd s pe c i a l co nditi o n s o f th e l a n d no t no r ma l l y fo u nd in 1 i ke d i s t ri c t s a s trict e n fo r c e me n t o f t he p r ov i s i o n s o f t he o r d i na nce by the Zo ni ng Officia l wo u l d r es ul t in u nn e c ess ar y hard ship , as we l 1 as not bein g co ntr a r y to t he p u b I i c i nterest . Mr . MacGil v r ay ex plain e d th a t the ha r dsh i ps ca nn ot be se l f -i mposed or f i na n c i a l o nl y in nat ur e . Mr . Wagner ma de a mot i o n to a uth o r i ze a va ri a nc e to th e min i mum s i de a nd re ar setb ac k (Ta b l e A) a t 1 15 Lee S tr eet f r om th e t e r ms of th i s ord i na nc e as it w i 1 1 no t be contr a r y to t he p u b l i c inte r est , d u e to th e f o l l ow i n g uni q u e a nd spe c ia l co ndi t i o n s o f th e l a nd not no r ma ll y fo un d in li ke d i st ri c t s : (1 ) th e ho u se is on 2 lo t s 1,1ith p u b lic s t reets a t both e nd s ; (2) the a r ea i s i n a n o l de r o r ne a r l y spec i a l h i storic d i st ri c t in the Cit y ; (3) the ex i s tin g we ll-des i g ned d ri vew a y w i t h s a i d ca r po r t wo ul d give max i mum un obs tru s i ve u se o f th e d ri ve wi t ho ut detra ctin g fr o m th e v i s ual aspe ct s wh i ch now ex i s t a nd be c a u se a s t r i ct e n fo rc ement of the p r o vi s i o n s of the ordin a n ce wo ul d res u lt in un n e c essa r y hard s hi p , and s uch t hat t he spi ri t o f thi s o r din a nc e s ha l 1 be obse r ved a nd s u bs t a nti a l j u s t i c e do ne and 1v i t h the fo ll 01,1 i ng s peci a l c ond i t i on s : t o v1i t , t he 5 ft . s i de a nd 17 ft . rea r se tb ack va r i a n ce. Mr . Li ndsay se c o nd e d for pu rposes of disc u ssion o nl y , and then stated tha t in h i s o pini o n th e as t he t i c s c o nditi o n s ho u ld not be i nc l uded in the mo t io n . Mr . Mac Gi l v r ay & Mr. Upham a g r ee d . Mr. \·lag n e r t he n ame nde d hi s moti o n to read as fol lm-1s : "I mo ve to authorize a var i ance t o t he minim um s i de a nd r ea r se t ba c k (Tab l e A) from the terms of t h i s o r d i nance as i t w i 11 not be co ntr a r y to t he p u b l ic i nt e r es t, due to the fo ll 01 ·1 i ng u n ique and spec i a l co nd i tio n s of th e la nd not no r ma ll y fo un d in l i ke d i stricts : (I ) the ho u se i s o n 2 l o ts wi th p u blic s t reets at bot h e nd s , (2) t he ex i s t i ng str uctu r es and u se s of prope rt y s ur ro un di n g these l o t s a nd (3) t he ca r po rt as des i g n e d makes efficie nt a nd mo r e u se of the ex i s ti ng d ri ve - way , and beca u se a s trict e nforc eme n t of the p r ov i s ions of the o r dina n ce wou l d res ul t in u nnecessa r y ha r ds hi p , a nd s uch th a t t he s p i r i t of th i s ord i na nc e sha l 1 be observed and s ub s t a n t i a l ju stice do ne , a nd with th e fo ll 01 ·1i n g co nd i t i ons : to 1'-l it , th e 5 ft . side and 17 ft. r·e a r se t ba c k va ri a nc e . Mr . L in dsay the n se c o nded th i s ame nded motion 1-1 h ich carried u n a n i mo u s l y . ( 4 -0 ) . AGEND A I TEM NO . 8 : Oth e r bu s in ess Mr s . Kee r e f e r re d to he r me mo whi c h i s inc l uded in th e pa c ke t s a nd e xplain ed that th e tim e betwee n th e f ilin g dead lin e a nd th e d a y th e a d s mu st g o to th e ne ws pape r an d th e l e tt e r to t he Pos t Of f i c e is s om e times t oo : short fo r th e Pl a nnin g Te chn i cian to p r e pare p r ope rl y , a nd th e r e qu e st is to cha n ge the f i 1 i ng dead l ine f r om Fri day noon t o \~ed n esd a y no o n. Bo ar d con c u rr ed, a n d Mr. Wag ne r made a mo t i o n t o t hat ef f e ct wi th Mr . Ma cG i l v r ay s e co nd i ng . Mot i o n carr i e d un a ni mo u s l y . (4 -0). Boa r d asked Mr s . Kee to d i s c uss th e ma tt e r of one a par tme nt c om pl ex vs . d i ffe r e n t ow ners a nd se pa r a t e comp l exes v1i t h t he Ci t y Att o r n ey p ri o r to t he n ex t meet i ng. Wi th othe r b u s in ess c oncluded, Mr. Wagner made a mot i o n to a d journ with Mr . Lin ds a y se co nd i ng . Moti o n to adjo u r n carr i ed u na ni mo u s l y (4 -0 ). APP ROVED : Da n MacG i lv r ay , Ac tin g Cha ir ma n ATT ES T : City Secreta r y , Di a n J o n es LEG .\L !WTJCE:: DATE (S) TO BE PUBLISHED: ~, -/1' .. ' BILL TO: THE CITY OF COLLE GE STATIO N P. 0. BOX 9 960 COLL EGE STATION , TEXAS 77 840 TO i;.mm1 IT 1'-Ll\.Y CONCERN: I I ,;....//-/ - / . . _, The Zoning Board of Adjustment for the City of College Station will consid er a request f or a variance in th e nam e of: Joe Fazzino, Trustee P. 0. Box 3477 Bryan, TX 77805 -Said case will be h eard by the Board at their r eg ulc.r meeting i n th e Counc il Ro om , Coll ege Station City Hal l, 1101 Texas Avenue on Tuesday.,. April 19, 1983 at 7:00 P.-M. The n a ture of the ca se is as follm.is: Request for expansion of a non-conform1ng use, a variance to .Section 11 of Ordinance 850, to allow additional mobile home in the Pleasant Valley Mobile Home Park. ·._ Furth er inf ormat ion is available a t th e offi ce of th e Zoning Official of the City of College Station , ~09) 696-8868 ext. 247. Jane Kee Zo n ·; '1g Official B-Gap c/o W ( ..,.__ AGENDA ITEM NO. 6: Consideration of a request for expa n sion of a non-conforming use, a variance to Section ll of Ordinance 850, to allow an additional mobile home in the Pleasant Valley Mobile Ho me Park. Application is in the name of Joe Fazzino, Trustee. Joe Fazzino came forward, was sworn in and identified himself as the applicant. He gave a brief history of the mobile home park and of this particular mobile home and stated that he had requested the e l ect ricity to be transferred to his name at the time he pur c ha se d the park where th i s mobile home was in place, and at that tim e the City said no in spection was required at ea ch change of ownership. He further stated there has been no change in the l ocation of this particular mobile home in the more than 5 years he has been aware of it. Mr. Upham asked how this had come about and Mr. Fazzino said the City inspector had noticed 20 homes instead of the approved number of 19, when he had been cal led to make an inspection of an adjacent mobile home. Mr. Wagner asked how this had come about and Mr. Fazzino said that only 19 lots had been platted at the time the land was annexed into the City, and therefore o nly 19 electric meters had been approved. He said this mobile home had, sometime s ince annexation, been served electricity from a metered pole through conduit up to this home. He sa id the problem is that he wo uld li ke to get an electrical permit to update the wiring in this unit, and cannot, because there are only 19 permitted hoo kups and there are 20 homes in the park. The Board suggested that this park be replatted to s how 20 lots, and Mr. Fazzino pointed out that the Mobile Home Park is a non-conforming use because it i s in an R-l Singl e Family Residential area, was brought into the City at ' ZBA Minut es 4-19-83 page 4 the time of annexation that way, but had been a mobile home park at the time of annexation. Rezoning was then s uggested, and Mr. Mayo and Mrs. Kee informe d the Board that this had been r equested several times in the past and had been denied due to objections from neigh- bors. Aft er furth er discussion concerning how this might have occurred, it was established by Mrs. Kee that if this variance is granted, the Board is giving this applicant permission to hav e 20 mobile homes in this park e ven if this particular home i s moved out sometime in the future. Other speakers were called forward. Cl int Bertrand was swo rn in and spoke as the nearest neighbor, indicating that he does not object to this one variance for this one mobile home in the park, and prefers t hi s type of action rath e r than having a larger park established. W.D.Fitch came forward, was sworn in and stated that he owns land in the neighborhood a nd the mobile home park has not hindered development of the area, and that he would be in favor of granting this expans ion for this one mobile home, but that any other expansion of the park should go through the regular procedure, which he would gen- erally oppose. Mr. Upham made a motion to authorize the expansion of a non-conforming use as such expansion i s necessary and incidental to the existing use and does not increase the area of non-conformit y devoted to a non-conforming use and does not prolong the 1 ife of the non-conformin g use or prevent a return of such property to a conforming use to wit to allow the trailer which has been in the Pleasant Valley Mobile Home Par k for at least 5 years to have the present e l ect rical connection brought up to Cit y Electrical Code Standards (Section 11-B.3). Mr. Wagner seconded for purposes of discussion. Mr. Lindsay requested that the exa ct trailer be identified and the applicant then offerep to have an exac t drawing of the property done by an eng ineer which would identify the lot s and the trailers. Mr. Upham then amended his motion with th e addition of the fo l lowing: 11 that the particular tra il er under discussion tonight (the 20th trailer in this mobi l e home co urt which was platted for 19 trailers). is the only trailer covered by this motion and that the ex pan sion is s ubject to exact identification by a drawing of the prope rty by a n eng ineer as offered by the appl icant.11 Mr. Wagner seconded this motion as amended. Motion as originally stated plus the amendment carried unanimousl y (4-0). .~ t'ot 13, 14, Pt 15 Lakeview Acres J Tr. 77 Morgan Rector Bertrand, Clint A. 120 Millers Lane College Station, Tx . 77840 Blk. 15A Lakeview Acres First Assembly of God P. Q. Box CD College Station, Tx . 77841 Lot l6A Lakeview Ac~es Miller, Ralph % B. H. Ransdell 504 Gilchrist College Station, Tx. 77840 Blk. 16B Lakeview Acres Everett F. Treadway 1803 Shadowwood College Station, 7x. 77840 Tract 49 Morgan Rector Homefinder Realty 1055 Texas Ave. So College Station, Txr.-77840 Blk. 15 Southwood Valley Southwood Valley Inc. P. 0. Box AF College Station, Tx. 77840 Blk. 16, Lot 23 Southwood Valley B-Gap % W. J. t<Jatkins Route 3, Box 477 Abilene, Tx. 79605 Blk. 16, Lot 25-31 Southwood Valley Republicbank df A&M 111 University Drive, East P. 0. Box 2860 College Station, Tx. 77840 Blk. 16, Lots 32-34 Southwood Valley Doni, Inc. P. 0. Drawer AV College Station, Tx. 77840 Blk. 16, Lot 35R Southwood Valley Bandera Construction Company 1701 Southwest Parkway, Ste. 105 College Station, Tx. 77840 City of College Station POST OFFICE BOX 9960 11 0 1 TEXAS A VENUE COLL EGE STAT ION. TEXAS 77840 April ll, 1983 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: -· .Joe Eazz i no, Irnstee P. 0. Box 3477 Bryan, TX 77805 Said case will be heard by the Board at their regular meeting in the Council Room, College Station City Hall, 1101 Texas Avenue onTuesday, April 19 ,.1983 at 7:00 P.M. The nature of the case is as follows -: Request -for expansion of a h on-cbnforming use, a variance to Section 11 of Ordinan ~e 850, to allow ·additional mobile home in the Pleasant Valley Mobile Home Park. Further information is available at the office of the Zoning Official of the City of College Station, (409)696-8868. Jane Kee Zoning Official I'. ,. ZONI NG BOARD OF ADJUSTMENT FT.LE NO • . • Pres e nt zoning of l a nd in que stion R-I ---~-~----~--~-~--~~~~~ Section of o rd inance from wh i ch variance is sought Section 850 The following specific ·v2ria tion from the ordina nc e is requested: To allow a tra1ler which has been in PleaAant Forest mobil park for approxi~atly five years to have its present electrical connect ion with cj ty pow...e.i:.:.__ to be brought up to city electrical code. This variance is n e c e ssary due to the following un ique and s p e cia l condition s of the land not found in like districts: City code requires every trailer to be metered separately: metering requires an electrical permit; which can not be issued to a non- ··conforming trail er w1 thout a variance to section 850 of zoning ·- . ~--~. is that the owner of thj s trailer wo~l ·d reJ ocate thj s trailer in i!l:!lOther· ;' _....:p::_a_r _k_._T_h_e __ ow~n:..::e..::r~o::..:f=---=-t =h=e'---'p""'"a ... r .... k....____...w_,.o""'u .... l_...d..__l..__o.......,.s .... e__._r_,_e ..... n.....,.t aL· on one 8 pao e pre 0 ont -~· ~hen they bought the park some two years ago. This v a riance will not be contrary to the public interest by virtue of the following f·~c~~: Since this trailer has been accepted in its present ~ sition for · some five years and allowing the update of its electrical to city code would change nothing in the park ; there should be no change in public . interest. by me in th is applica ti on a r e true and cor r e ct. ---=---+-+7!;;i~t!J!J' ?2 Da te ZONING BOARD OF ADJUSTHE NT FILE NO. ---- Name of Applicant Joe Fazzino , Trus.~t~e~e------------------:---~ }Jailing Address __ __:P~·~O~·___:::B~o~x~~J ~47 ~7 ___.:B~r~yaL::.'.n:.:.L,~T~e~xa.::::.::s'--!.7~7~8~0~5'...__ ___________ ....;._~ 822 -0914 779 -8658 Phone ------------- --.....-,~--~--~~ t hereof i <:ecurcd hy a vP.ndor ' ~ in deed of even date !le r ~d by Joe Ce.mino, e t ux t o t u c Hereinafter des cribed t)' a.nc..1 is add.it· anally secur ed by a lli ed of Trus t thert>on to Elmer McVe; , t.o-\ it: i3eing a 2 3. 21 acn' t ract of land situated in the M01p,m1 Rector ~o. 4 , Brazos Cotmty, Texas , and comprising a] 1 of t hose .racts of Lma ~d to Joe Cerni no , et 11y hv deeds recorde,1 in Vol. 1 oo " , and Vol. "OU, Deed Rec rds of Br n arJ y described s ar.d ,)omds in dee( f -----~ Action requested: Ex p ansion of a none om f onm i n.i::g,_· ~u~s:!..e:::::_ ____________ _ NAME ADDRESS (From current tax rolls, College Station Tax Assessor)