HomeMy WebLinkAbout201 UntitledAMENDED
A G E N D A
Zoning Bo ard of Adjustme nt
City of Colleg e Station, Texas
July 20, 1982
7:00 P.M.
I. Approval of Minutes from June 15, 19 82.
2. Reconsideration of a Variance Request to Section 8 -Ordin ance 850 -
Parking Requirements for a sandwich shop at 411 University Drive in
the name of Cent ex Subway, Inc.
3. Consideration of a Request for a Variance to Table A -Ordinanc e 850 -
Minimum Rear Setback Requirements at 2800 Manassas in Colleg e Stati6n
in the name of Sherman Clic k dba Clic k and Brown Homes, Inc.
4. Consideration of a Request for a Variance to Table A -Ordinanc e 850 -
Minimum Front Setback at 415 Eisenhower in the name of W. T. Aycock.
5. Consideration of an Appeal of a Decision by the Zoning Official regarding
Beauty Salons as Home Occupations.
6. Consideration of a Request for Allowing Signs during Rush Week for
Sororities and Fraternities.
7. Other Business.
8. Adjourn.
A G E N D A
Zoning Boa rd of Ad justme nt
City of Coll e g e Station, Te x a s
July 20, 1982
7:00 P.M.
l. Approval of Minut e s from June 15, 1982.
2. Reconsi de ration of a Variance Re qu es t to Section 8 -Ordinance 850 -
Parkin g Requireme nts for a sandwich shop at 411 Univ e rsity ~riv e in
th e na me of Cent ex Subway, Inc.
3. Consid e r a tion of a Re quest for a Varianc e to Table A -Ordinance 850 -
Mini mum Re ar Setba ck Re quir emen ts at 2800 Ma na ssas in Colleg e Station
in th e nam~ of Sh e rman Clic k dba Clic k and Brown Hom e s, Inc.
4 . Consi de r a tion of a Request for a Variance to Table A -Or dinanc e 8 0 -
Mini mum Front Se tbac k at 415 Eisenh owe r in th e name of W. T. Aycock.
5. Consi de r a tion of an App e al of a De cision by t he Zonin g Of ficial r e ga rding
Be au t y Sa lon s a s Hom e Occup a tions.
6. Other Bus in e s s .
7. Adjou rn .
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MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
AGENDA ITEM NO. l:
MINUTES
City of Coll e g e St a tion, Texa s
Zoning Board of Adju s tment
Jun e 15, 1982
7:00 P.M.
Board Chairman Cook, Members Wagner, Upham, Donahue
and Alternate Memb e r Lindsay; also Council Liaison Boughton
D. MacGilvray '
Director of Planning Mayo, Assistant Director of Planning
Callaway, Zoning Official Kee and Planning Technician Volk
Approval of Minut es from May 18, 1982.
Mr. Upham mov e d to approv e the minute s ; Mr. Wagner seconded. Motion carried
unanimously.
AGENDA ITEM NO. 2: Reconsideration of a Variance Request to Section 8 -Ord-
inanc e 850 - Pa rking Re quireme nts for a sandwich shop at 411 Univ e rsity Drive
in th e name of Centex Subway, Inc.
Mr. Mayo was a sked to give a bri e f bac kground of the problems e ncount e red and
studies mad e of the Northgate area. May o was sworn in, then told of the various
studi e s the staff had mad e ov e r the pa s t 5 or 6 y e ars of the Northgate area, and
re ported th at staff doe s not think that va riances to parking should be granted
in that ar e a at a ll, for any r e ason. Par k ing in that area has be com e such a criti-
cal probl e m th at st a ff be liev es th a t all new sites should pr o vid e on-sit e parking,
an d all plans to chan ge e xisting sites should also be plann e d to includ e on-site
parking, .with no ex c e ption s . It is staff's contention th a t a s long as variance s
ar e grant e d, nothing will be don e to all e viate th e parking probl e ms . He pointed
out th a t th e va rious us es mad e of the sit es in th e are a ha v e cr ea ted high d e nsity
traffic, and be c a u se th e ar e a is sm a ll and crowded, such u se s sh o uld not be ma d e of
th e area until some kind of solution to th e parking problem is r e ach e d. The curr e nt
study of th e ar e a ha s l ed staff to work with the City Council an d th e North g at e
me rchant s to put tog e th e r a plan to creat e a small park ar e a, which would take aw ay
some availabl e e xisting pa rking im me diat e ly, but to extend th e plan to includ e a
city par k ing lot at anoth e r location which would in reality create more parking
s pa c es th a n curr e ntly e x i s t. If this pl a n were put into e ff e ct, it would he lp to
all e vi a t e som e o f th e probl em , but cert a inly would not solv e it.
Mr. Uph am s tat ed th a t mo s t of th e mo s t r ece nt pa r kin g va ri a nc e r e que s ts ha ve not
c ome fro m th e ba r or r es t a ur a nt op e r a t o r s, but r a th e r fro m t he bu s in e ss es clo ser
t o th e church a r ea whi c h is in a no th e r bl ock alt oge th e r. Mr. May o indi cated th at
t he int e n se u s e of th e l an d whe r e th e bars a nd r es t a ur a n ts ar e l o cat e d ha ve he l ped
c rea t e some of t he park in g pro bl ems in t he other bl o ck s .
Mr . Wag ner ask ed what had become o f th e spec i a l st ud y con ce rnin g some ki nd o f s pe c i a l
zon i ng wh i c h wou l d app l y on ly t o t he Northgate area. Mr. Mayo repo rt ed tha t thi s
k in d o f spec i a l zon i ng wo uld he l p th e pr ob l ems con ce rnin g setbacks , e tc., bu t wou l d
not s olv e th e pa r k in g prob l em , wh i c h seems t o be int e n s i f i e d by s tu de nt s a nd un i -
v e r s ity emp l oye es pa r k in g in thi s area r at he r t han ge ttin g pa r k i ng s ti ckers a nd
u s in g u n iv e r si t y park in g fac iliti es. He c it e d n ear ri ot i o u s co nd ition s o n seve r a l
occa s i ons wh i c h had occ u r r ed whe n po l i ce ha d a p peared on t he scene to try to c ontrol
crow d s wh ich had gat he r ed . He in d ic a t ed t ha t th e City was becom in g wo r r i e d abo u t
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Minutes -ZBA
June 1 5, 1982
page 2
what could happen there.
Mr. Upham summarized by indicating that it seem e d that inadequate setbacks and
inadequate parking have led to problems with crowd control and parking control.
Ms. Donahue asked what d e nsity impact the new co ndo projects have had, and also
asked if it was the Board's intention to control people or control establishment
of bars in the area. Mr. Upham stated definitely th~t bars had not been sing l ed
out, but rather that the problem was with any business which attracts large numbers
of people or cars.
Phil Callihan was sworn in and identified himself as the applicant of the request
for variance to the parking requirements. He reported that the business he was
trying to establish in th e area was a speciality sandwich shop and not a restaurant.
No cooking would be done on the premises and for those patrons requesting carry-
out service the length of time they woul d be in the shop from start to finish was
between 4 & 6 minut e s, and for tho se pa tr o ns who wished to eat their sandwiches on
the prem i ses, a time lapse would be from 10 to 14 minutes between entering and
leaving. He was requesting a seating capacity of 30, and indicated that most of th e
business would come from people who were already in that area, and would attract
very little vehicle traffic; that patrons creating vehicle traffic would go to the
store opening in the Parkway Square Shopping Center. He said his intentions were
to provide a nice store fro n t with an op e n and bright decor, and passed around pic-
tures. In addition to this, his hop e s are that his business will help to upgrade
the Northgate area.
Mr. Upham then went ov e r th e history of various parking variances which had be e n
both granted or -deni e d (these cas e s are cov e red in memo from Mrs. Kee).
Mr. Linds a y said the Board is faced with problems it cannot handle; it e ither
grants variances and has th e City Council control the problems or does not grant
variances and this would put pr es sur e on the owners to get after the City Council
for guide] in e s. ·Mr. Wagn e r said that at this point he was almost ready to approve
all requests for varianc e s; Mrs. Cook said that sh e was al most ready to deny all
requests, but what she r eall y wa nted to happen was for th e Board to walk around the
Northgate area, find out who the owners were, who tenants were, then request a
meeting including th e Ci ty Council, the P&Z Commission, the ZBA, owners, tenants,
staff and perhaps togeth e r they could arrive at some kind of pol icy to help solve
some of the problems. Mr. Mayo pointed out that th e way the Ordinance is writt e n
that when businesses change, non ~conformity should decrease, but that is not hap-
pening in this area.
Mr. Upha m mad e a motion t o deny th e variance to th e parking r e quireme nt s (Section 7)
as requ e s te d by Ce nt ex Sub way, Inc. Mrs. Donahu e second e d th e motion. Wh e n votes
were call e d for, no o ne vot e d. Th e n Mr s . Donahu e ma d e a motion to tabl e thi s
requ es t and Mr. Upha m second e d th e mot ion. Mr. Wag ne r ask e d wh a t alt e rnativ e s
there we r e . Mr. Lin dsa y indicat e d th at thi s r eques t had bee n pu t off on ce and
qu e stion ed th e fairn ess of tablin g th e it em -ag a in. Vot e s wer e c a s t a nd th e mot ion
to tabl e th e r e qu es t ca r r i ed with Cook, Don a hu e , Upham a nd Wagne r vo ti ng in fa vor
of tabli ng ; Lind say vot in g aga i nst .
AGENDA ITEM NO. 3: Recons i de r at i on o f a Vari a nce Req ues t t o Tabl e A -Ordin a nc e
850 -Mini mum Se tbac k Req uir eme nt s f o r a conv e ni ence s tor e a t 301 Univ e r s ity in
the nam e of Southland Cor pora ti on .
Jam es Ort wa s s worn in and id e ntifi e d hi mse lf a s th e r e pr ese n ta tiv e of th e compa ny
which wa s re qu es ting th e v a rianc e . He s t a t e d th a t hi s compa ny wo uld no t be cr eat in g
Minu tes -ZBA
Jun e 15, 1982
pag e 3
addit iona l problems in the Northgate area, but rath er wo uld be meet ing a ll pa rk-
ing r eq uir emen t s and mo re th a n meeting the landscaping requirem ents. Th e only va r i 3nCE
th ey were r equest ing was to th e minimum rear setback. Mr. Uph~m asked if there
were any plans formul ated for control 1 ing ingress and egress (wh ethe r consid e rati oG
had been given to making one curb cut an entrance only and one an exit only with
a right ha nd turn). Mr. Ort indicat ed this problem had not been anticipated so it
had not been addressed. Mr. Mayo indicated that staff recommends approval of this
variance becaus e staff be lieves he has worked -out th~ site as best as can be done.
Mr. Mayo indicated th at a NO LEFT TURN sign would not be enforceable and that
3 out of 4 people probably would co mply, but the rest would ignore it. Mrs. Cook
asked how the company planned to patrol parking on site, and Mr. Ort said the
company would patrol and control it, and would even put up towing signs and contr act
with a towing company to handl e unauthorized cars. Mr. Lindsay asked if the comp an y
would hav e an 11 0ff Pr em ises 11 1 icens e to which Mr. Ort replied in the affirmative ,
and that in the futur e the co mpany might be forced to g et an 11 0n Pr em ises 11 1 icens e
if the ''Off Premises 11 licens e were violat e d too often.
Mrs. Donahue then ma d e a motion to authorize a variance to the minimum rear set-
back (Table A) from th e terms of this ordinance as it wil 1 not be contrary to the
public inter est and with th e provisions that it hav e a 4 hour fir e wall and that
a contract with a towing compa ny be made . Mr. Upha m seconded the motion. Motion
carried with Wagn e r, Cook, Donahue and Upham voting in favor and Lindsay votin g
against.
AGENDA ITEM NO. 4: Recon s ideration of a Varianc e Re qu est to Table A -Ordinanc e
850 -Mini mum setback requirements for a commercial project at 700 Univ e rsity
Drive in th e nam e of Mack Rand o lph.
J. W. Wood was sworn in and id e ntified hi mse lf as a repr ese ntative of the applican t,
Mack Randolph. He gave the history of the si te, and indicat ed th at 2 surveys had
been made on this site; on e s how ing an encroachment wh ich is noted on th e Board's
copies of the site plan, and one which did not indicate an encroachment existed.
He furth er indicated tha t the site plan ha d already bee n approved by the P&Z
Commission if the vari ance is approved. Mr. Upham made a mo tion to authorize a
variance to the minimum setback (T ab l e A) from the t e rms of this ordina nce as it
will not be contrary to th e public inter est. Mr. Lindsay seconded the motion.
Motion carri ed unanimous ly.
AGENDA ITEM NO. 5: Consideration of a Variance Request to Table A -Ordinance
850 -Minimum Rear Setba ck Req uireme nts for a carport at Lot 20, Block C Lincoln
Place Subdivision (714 A-B Vassar Court) in the na me of Rober t H. Hensarl ing.
Th ere was no on e pres e nt to repr esent th e applicant. Mrs. Kee gave the background
of the req ues t for a varianc e, and indic ated that the app licant had also applied
for an abandonment of a utilit y eas eme nt on which his ex i sting carport i s locat ed.
Mr. Upham made a mot i on to t a bl e this ag e nda it em be cau se there was no one present
to repr ese nt th e app lic ant and a l so because th e variance wou ld not be necessary if
the abandonment of th e utility easement wer~ not approved. Mr. Wa g ne r second ed t he
motion to tabl e th e it em . Motion carried un a ni mous ly.
AGENDA ITE M NO. 6: Reco n s i d e ration of Condition a l Va ri ance Approv e d 7-21-81 for
an Arcad e at 315 Univ e rsity in th e na me of Mik e Wa lsh.
Mike Wa l s h was sworn in and i dentif i ed hi mse lf as th e app li cant for th e varianc e ,
th e n gave a brief history cover i ng th e past y ea r. He said that he had compli e d
with th e re s trictions on the va rianc e r eq ues ted in July of 19 8 1 except that he had
not brought his parking l ot up to standards during that time . He remind ed th e
Board that he had appeared be for e them a f ew month s ago and asked if he could wait
Minut es -ZBA
Jun e 15, 1982
pag e 4
until th e end of hi s condition a l v a ri ance pe riod t o up g ra de th e pa rki ng l o t. The
Board h ad allowe d hi m to wa lt. He indi cated th a t he ha d ma d e ar~an geme nt s with a
contractor to do that during th e month of Au g u s t 1982 but th a t he could not pro vid e
addition a l parking and sta y within th e city cod e s for pa rkin g i pac e siz e s. He did
a surv e y which indica ted tha t th e majorit y of th e pa t r on s of hi s business ar e wa lk-
ins, (60 %), and that he a ll ows no drin k in g or s mo k ing in th e building, as well a s
no loit e ring in front or bac k of th e bu s in e ss . He furth e r stat e d that th e loit e r-
ing situation in th e ne ighborhood had changed sinc e a fenc e th a t people ha d bee n
sitting on had been remo ved. He s tated that his request for a varian ce wa s for
the duration of his l e as e which is 7 mor e years.
Mr. Upha m made a .motion to authori ze ·a conditional varianc e to the parking require -
ments (Section 7) from the term s of thi s ordinance as it will no t be contrary to
the public interest with th e conditions th a t all capital i mprov e me nts be compl e t e d
by 9-15-82; and the varianc e will cov e r th e time pe riod from July 1982 to July 1983.
If th e capital improvements ar e not comp l e ted upon inspection on 9-15-82, this
variance r e qu e st will be null and void. Mr. Lindsay second e d th e motion. Mot i on
carri e d with Lind sa y, Coo k , Uph am a nd Do na hu e voti ng in fav or a nd Wagn e r votin g
again 5t.
A progres s r e port was requ es t e d from Mr. Wa lsh on or at th e mee ting nearest to
9-15-82.
AGENDA ITEM NO. 7 & 8: Oth e r Bu s ine ss and Adj o urn.
Mrs. Coo k indicat e d th a t she would be meet ing with Al Mayo a t 10:30 a .m. this
Thursday (6-17-82) to he lp d e t e rmin e wha t s hould be done and who should b e
includ e d in a for ma l mee tin g to giv e g ui de I in e s c on c e rnin g steps toward s o lvin g
th e probl e ms in th e North ga t e ar ea . Sh e indic a t ed to Mr. Wag ne r that if prop e rty
own e rs did not show u p whe n invit e d t o pa r t ic i pa t e at the se meet ing s th a t sh e wo uld
not he sitate to us e th e Board's powe r to subpo e na th e m. Mrs. Don a hue r eq ues t ed
fro m Mr. Ma yo a co py of the plan which t he s taff had compl e t e d which would offer
th e mo s t reasonabl e solution to th e probl em .
Mr. Linds a y ma d e a mo t i o n t o adjourn. Mr . Wagn e r s e cond e d th e mo tion . Motion
carried un a ni mou s ly.
APP ROVED:
Vi e Cook , Ch a ir ma n
ATTEST:
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C i ty of College Station
POST OF FICl:: BOX 9060 I 10 1 TEXAS AVE NU:
COL LEGE .STATIO N . TEXAS 7 784.Q
Ju 1 y 12' l 982
MEMORANDUM
TO: Zoning Board of Adjustment
FROM: Jane R. Kee, Zoning Official
SUBJECT: Agenda Items, July 20, 1982
AGENDA ITEM #2: Reconsideration .of a Variance Request to Section 8 -Ordinance 85 0 -
Parking Requirements for a sandwic h shop at 411 University Drive in th e na me of
Centex Subway, Inc.
This item was tabled at the two previous meetings. Below is the memo includ e d in
the packets for those previous me e tings.
The applicant is requesting a variance to 10 parking spaces for a sandwich shop
proposed to be located at 411 Univ e rsity Drive. The operation will have 30 seats
but no cooking will be done on the premi s es. Under Ordinance 850, restaurants
have a parking requirement of l sp a ce per 3 seats, and no employee requirement.
These spaces are to be located on the property or on property under the same own er -
ship within 200 feet.
There have been 5 applications for parking varianc e s in the Northgate ar e a ov e r
the last 2 years. The following is intended to help the me mbers recall each requ est
and the ultimate decisions:
Date Decision Typ e Activ.ity
1-15-80 Denied-6 spaces Arcade-405 Univ.Dr.
1-20-81 Approv e d-13 spaces Restaurant-403 U.Dr.
4-21-81 Approved-20 spaces Restaurant-501 U.Dr.
5-19-81 Denied-6 spaces Arc a d e 315 U.Dr.
7-21-81 Approv e d-6 spaces II
Apel icant
J.P.Jones
Flowers &
son
J.R.Lamp
Ed.\falsh
II
Com me nts
Lar-Never Built
w/stipulation t hat
parking be provid e o
for employees
w/condition of
l yr. to improv e
parking.
Mr. Phil Callihan will be pr esent a t th e mee ting to answ e r any qu e stion s .
AGENDA ITEM #3: Consid e r a t i o n of a Re qu es t for a Vari a nce to Tab l e A -Ord i nanc
850 -Mini mum Re ar Se tbac k Re q uir e me nt s a t 2800 Manassas in Co ll ege St at i on in th e
n ame of Sh e rm a n Click db a Clic k a nd Br ovm Home s, I nc .
In respon se to a citize n comp l a in t , th e Zon ing In sp e ctor a nd I we nt to 28 00 Ma na ssas
to ch e ck th e location of a ga ra ge s l a b. Th e slab me as ur e d 14' fr o m th e r e ar pr o pert y
line. Th e approv e d buildin g pe r mi t (#993 1) sit e plan indi c at e d th e g a r a g e woul d be
approxima tely 30' from th e r ea r pr op e rty lin e . Th ere wa s no Zoning In sp e c tion r eq u ir e c
MEMO -ZBA -July 20, 1982
pag e 2
During construction th e g a r age wa s r e l oca t e d to sav e some e xisting trees , but no on e
in City Hall was notifi e d of thi s ch a n ge to th e a ppr o v e d site plan . (S ee s i te pl a n
enclos e d). If som e one had come by my office this situation would hav e bee n av o id ed .
The s t aff is c e rtainly not oppo sed to s a ving tree s , but tri e s to encourage this.
The st a ff also tries to encourag e build e rs to locat e trees prior to designing a
site plan to save as many as possibl e a nd still me e t City cod e s. The approv e d sit e
plan shows no tre e s.
Mr. Click states in hi 1s application
ment. Over the last year Click and
family structures and 2 fourple xe s.
none we re for rear s e tback ch e cks.
and side setback requireme nts that
rear s e tb a ck requirement a s we ll.
that he .was unaware of a rear setback re q u i re-
Brown has permitted approximately 8 singl e
Of th e se, 7 required zoning inspections although
It s eems odd to me that where th e r e are front
someo ne would not question whether t here is a
In any cas e th e slab encroach e s th e r ea r s e tb a ck by 11' and th e applicant i s re-
questin g a varian ce. Th e staff is o ppose d to this variance for t wo r e asons: Wh e n
Mr. Click sign e d th e application for th e building pe rmit he certifi e d that " ... th e
construction propo sed co mpli e s with th e Zoning Ordinance, th e Building Code, an d
the conditions of approval of th e pla t of th e land. I also certify that I a m
familiar with th e r e gulations abov e me n t ion ed ... " Secondly, the City has be en try-
ing to ma ke build e rs underst a nd th at s it e plan chang e s should be clear e d throu gh
the Planning Office to avoid mi s ta ke s or pro b lem s . Granting this varianc e ma y
damag e our enforc e me nt effor t s by letting pe o p l e thin k that th e y need not be ov e rly
cautious bec a us e mista ke s will be forgiven and v a rianc e s grant e d.
AGENDA ITEM #4: Consid eration of a Req uest for a Variance to Tabl e A -Ordinan ce 850 -
Mini mum Fr on t Setbac k at 415 Ei sen howe r in th e name of W. T. Aycoc k .
Th e a p plic a nt is requ e stin g a v a ri ance to th e fron t s e tb a ck for an e xisting build :in g
in ord e r to remod e l. Th e e xi s tin g building which ha s e xist e d for 30 y e ars e ncr oac hes
th e front s e tback alon g Eis e nhowe r by 1 '11". Th e a p plicant is going to r em ov e th e
existing building and rebuild on the ex i s ting slab. A site plan will be provi ded
at th e mee ting. This r e qu e st is ve ry s i mil a r to t he requ e st for the Rand o l p h building
on th e corn e r of Univ e rsity & Tarrow t ha t rec e ive d a variance to th e front se tb a c k
of 1 '2 ~" for the remod e ling and e xpa nsion of an e xisting buildin g . Th e s t aff has
no problems with this requ es t.
AGENDA ITE M #5: Consid e ration of a n Ap pe al of a De cision by th e Zoning Offici a l
regarding Beauty Salon s as Ho me Occ up at ions.
Th e appl l ea nt is r e qu es ting an int e rpr et a t io n of a d e cision mad e by the Zoning
Of f icial conce rnin g be auty sho ps an d home occupations.
Th e -applic a nt will clos e in ha lf of a do u b l e ga r age and will hav e a sh ampoo bo wl a nd
1 chair t o sh am poo , cut, and fi x ha ir and nail s f o r fri e nd s.
Th e d e fini t io n of Home Occup a ti on i n th e Zo ning Ord in a nc e i s : "A 'home occupat i on '
i s a comme r c i a l u se cu stoma ril y c ar ri ed on in th e home by membe r s of th e occ u pant
fa mily wi t ho ut s t r uct u ra l a l te r at i ons i n t he p rin c i pa l buildin g o r a ny of i ts r ooms ,
wi thou t t he in s t a ll at ion o f mac hi nery or add iti ona l eq ui pme n t ot he r th a n that custom-
ar y t o norma l ho u seho ld o pe r a ti o n s , w i thout th e emp l oyme n t of add iti ona l pe r sons,
a nd whi c h d o es not c a u se t he generat i on of o the r than nor ma l no i se , pe d est ri a n and
v e hicula r t raffi c ."
I ma d e th e de ci s i on ,w ith t he support of the Pl a nni ng St af f, th at thi s r equest do e s
no t mee t the d e finition o f hom e o cc u pa ti on for severa l r eason s : (!)Add iti ona l
MEMO -ZBA -July 20, 1982
page 3
equipment other than that customary to normal household operations would be utilized
and (2) the potential generation of other than normal pedestrian and vehicular
traffic would exist. Even if this operated initially on a small scale, as the appl i-
cant insists (it still does not me et the definition) th e re is the potential for
growth if successful. This growth would go unchecked by the City until a complaint
is received; then the City would have to stop the op e ration after the fact.
The Planning Staff does not feel that any beauty salon is an appropriate home occu-
pation as defined by Ordinance 850. Furthermore, our Ordinance defines a personal
service shop as: "An establishment for the purpose o.f supplying 1 imited personal
services such as, but not 1 imited to, barber, shoe, boot, or 'beauty' shops.11
This is a specifically permitted use ln our lowest commercial zone -AP (Adminis-
trative-Professional).
sjv
r 11.:.
NaDc of Applica n t Cente:.; Subway , lnc . D/B/::../ S11hway (Pr es Phil C ::illahau.L ___ _
!fai li ng Ad c.lre ss 1701 Southwes t Parkwav , Su ite {/204 , College Station , Texa s 77 B4Jl
Phone 713-69 3-39 30
Loe <::. t j,_on : Lots 3 a n d 9 Block 2 'sub ch'ision w. c . Boyett ' s
Description, If applicable 411 Univ e r si ty Dri ve , Colle ge Stat i on, Texa ~
(A p prox i ma t ely 1 ,100 square fe e t of l ease space next door to th e Ilni versitv Book Stor ~
at Northgate)
A varianc e to the p arking r eq uirement s for a fast food sandwich
Action requ es t ed : shop with seating for 30 customers and no cookin g on th e premisi s .
ADD RE SS
(Fro m curren t tax r ol l s, Coll 2g2 Station Tax Assessor)
Ei\SE SEE Tl ff T I S T U-'I'.A.Ct+t'.bl-----------------
---------------------------------------
}' I I. J: l: t l . ,
'
Pre S!:!n t zon i. n~: of l.:_1 '.1 cl in q UL':; l i. 011 (._ 1
, J
Section of ordinance fro;n which w1rianc e is sout;ht: Sever,
The following specific v~riation from th e ordin a ncp is r~~11 cstcd:
Reqt,1es t a vari ance for 10 customer parking spaces . Employee parking space_s_wi 11 lw
proviu~J lJy titL.: ; an dlorJ in the parking lot bet1ind t11 e build~.., . .__ _____ _
Thi s variance is n ecessary due to the following uniqu e an d speci~l conditions of
the land not ·found in like districts:
Th e Northgate district is co rnp.l..ct.el:' developed . The only opportnnit?' for a new
business in t his area is to remodel an existing structure or l ease space with
no opportunity to crea te addition<.11 c ustomer park.inr,,_._ ___________________ _
The following alternatives to th e requested variance are possible:
Not to l ocate at Northg~t e
Thi s variance will not he contrary to th e public intere s t by virtu e of th e followi ng
" face s : Th e nature of the bu siness is a fas t food sandwich shop th at wiJJ cater t o
p edestr i ans who alr e <idy live and work nearby. Since th ere will b e no
cooking or game r:iachin cs in th e s tor e_,__u1 _s _t.mn.r_es wi 11 be s e rve cL qui cl: 1 y
and have n o reason to linger in th e s tore after eating . Therefore, any
__________ c_u_s_~o rne r who \,•a s dri v_:0 ~g__0n au to an_9 __ ~lO..J.?2~tQ_.p_ur.c:.h ase a rnillfilb_would ._
not n ee d a p a rkin g pl<icc ver y lon g . Subway will h e lp improve the appe<iranc c
of th e Horthga t ~_r e~~~:_providi~1l_ilJ_Lg_J,as s fro nt __ an.cLa_ bri g hi-, che..e.p'._ ------decor .
Th e f ri.c t~ s~lc-tc·c1 by me in th ·i_::; ;1 pplic<it ion ;ire tr u e ::incl correct . 'l / <.:.::~/ /f ·• / / /i') 11 /i/, A'/_ ·~ -(
___ u c,v t--tC Lt:~--!~~:}__·_
i\pp lic2nt
(:. --c '/ . c..> ,..--
Da t·e
f 1;_:_/v 7 b'X J-(.~fo (..t,·:,.i · /~ z -/~v l
200 Ft. Variance
Boyett
BK 2 LT 1,2,3,Pt 4
Fred B. Shelton Jr.
% Shelton Studios Inc.
3107 N. Haskell Ave.
Dallas, TX 75204
Boyett
BK 2, LT Pt 4, Pt 5
Hornak & Hornak Sorrels
7919 Braes Meadow
Houston, TX 77071
Boyett .
BK 2, LT PT 5
Johnnie W. Halick
308 Tee Dr.
Bryan, TX 77801
Boyett
BK 2, LT 6, 7
J.B. Lauterstein
% Glenda Alter
153 Rilla Vista Dr.
San Antonio, TX 78216
Boyett
BK 2, LT 10, 11, BK 3, LT 16
A&M United Methodist Church
417 University Dr.
College Station, TX 77840
Boyett
BK 2, LT 12, BK 3, LT 1
First Baptist Church
P. 0. Dra1t1er EN
College Station, TX 77840
Boyett
BK 1, LT lA, 2A
J.E. Loupot
1201 Walton
College Station, TX 77840
Boyett
BK 1, LT lB, 2B
George H. Boyett
702 Lee
College Sta tion, TX 778 40
(cont ... )
Boyett
BK 1, LT 3,4,5
A. Mitchell Estate
% H. Mitche 11
107 Pershing
College Station, TX 77840
Boyett
BK l, LT 6
Helen S. Martin
P.O. Bo x 2
College Station, TX 77840
Boyett
BK 1, LT 7,8
/O.H. Boyett Estate
/ % L.B. Vance
Horseshoe Bay
/ Box 7807
Marble Falls, TX 78654
Boyett
"--BK 1, LT 21, 22
"-Marie 0. Boyett Vance
Horseshoe Bay
Boy 7807
Marble Falls, TX 78654
Boyett
BK 1, LT 23
R. A. Bryan
1813 Shadowwood
College Station, TX 77 840
Boyett
BK 1, LT 24
Paula J an Boyett
1809 Medina
College Station, TX 77840
Boyett
BK 1, LT 25
A.P. Boyett
315 Boyett St.
Colle ge Station, TX 77 84 0
Taub er
BK 5, LT 1
Ted \4ya tt
505 University Dr.
College Station, TX 77 840
/.//_ /
, !' r .-' /' , .. -
. ,. (cont. .. )
Tauber
BK 5, LT 2
Bi 11 J . Coo 1 ey
503 Glade St.
College Station, TX 77840
Tauber
BK 5, LT PT 3
Kathleen Stubblefield
P.O. Box 2740
College Station, TX 77840
Tauber
BK 5, L l 4
Wesley Foundation
P.O. Drawer K
College Station, TX 77840
·;
_t',,·? / r
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. ,, ZONING BOARD OF ADJUSTMENT FILE NO .
Name of Applicant ___ ':_1"_1e_-_::_:--_1 "J..1_1_'.::;_; ___ -i _c_~_· ___ c_.~_:--.~:._'~::;~_~_i~r~:l~,{-~_-"_-_---~~.-_;"~()_..'.·_,_T~'--''_,_n"---"""'""-p _c;'+-_._l ..._r _,_,-_. -· __
Mailing Address ____ 1_C_?_o_r_>_o __ l_t_,o___C_o_=_-_1_9-'[~P. ___ s_-_~_~_t_i_1_)1_1_,__~_._~_)_:~ __ .. ~s __________ _
Phone --------------
Location: : ·' Lot _ _.1_,D"----Block 3 Subdivision
Description, If applicable -~Z"'--'~~Q"-'""(~~·__,_(J_~_r.~-<~n _/~~/~;~~~_..<~~'---------------------
Action requested: g.:<m ting; a var.1~~1 ce o f t:'.''9 re :-o.:r cetb2.c k reri 1_.i i rerr,E·r:t
NAME ADDRESS
(From curren t tax r olls , College Station Tax Assessor)
ZONIN G BOARD OF ADJU STME1ff FILE NO.
Section of ord inance from which variance is so1J ght ~-· -:;_b' r~
~~~~~~'--~~~~~~~~~~-
The following specific variation from the ordinance is requested:
d t hi n
This variance is necessary due to the follo wi ng unique and special conditions of
the land not found in like districts:
(1 ) The i rre eul ~r shape of the lo t
(2) ~h. ·+· f i e po ·1 ~1ons o _ nu mcr c ~s la ~~e
-
(
"2 \
.) ) Bs t het:Lc p l 3-ccccmt of 110use :=t;_1d .'-3T -3.p;e i n :re l :?.t.i on to st~c;t"Ot. ;:lnd tree .
Th e following alternative s to th e requested v 2r iance are possible: ~~~~~~~~
'.'.lnd r)r i v ev18.y .
This variance will not be contrary to the p ublic interes t by virtue of the following
f~ct~:
sll a~'_;d lo ts -3.t thr: Pnn of ::i_ c v:'.__-d e -f:--.c . 'l'he d ir-:c re T>'.1ncv .v.•ill not b e
appli ca t ion 2re true and corr e ct . T~h e facts stated b/!;y 7r::.J i1 ·his
//)__//" ¥¥1 ' /} ti' Jj, --/ :df/il v/!Zt_L ~,?( 0 _ C __
----Ap plicant
. r·.) 1 r 7
Date
Raintree IV
Bk 3 Lt 12, 13, 14,15,
16, 17, 22, 23,
24, 29, 34, 28, 29
Raintree Develop ment Joint Venture
707 Texas Ave. #222 D
College Station, Te xas 77 84 0
Bk 3 Lt 25, 32, 33, 32
B. B. Scasta
3501 Briarcrest
Bryan, Te xa s 77 801
Bk 3 Lt 30
Howard W. Ladewi~1 f I o3 /3~k-v--~L-G U .
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ZO'.l:ING BOARD OF ADJUSH'IENT FILE NO.
Hailing Address __ 3-LU0~3.__.I..uin..L.Li -"v..c:e'-'r__.s:....1.1..-· .._t-¥-y--.:.n..!Jr~J.i..... 1J.J-r.1;;:e'---l,E;..a;j..;s~t---"C.L.\o.,_l.1.--1..l -"'e-t=gr.i:e:;.__,S_..._,_t.aa ..... t_,iuoJ.Jn...,_, ___.T-"'x.__71-1-7~8 .... 41'--1.0~
Phone 846-7 79 5
Location: Lot __ .... 1 .... 2_ Block _ .... B~-Subdhision College Heights
Description, If appl i cabl e 415 Eisenhower College Sta ti on -See Site :Olan
Action reque s ted: Variance to front s
NAHE ADD RE SS
(From currer.t t ax rolls, College Station Tax Ass essor )
See rezoning application ( on file with ci ty )
-------------------------
ZONI:JG BOARD OF ADJUSE!ENT FILE NO.
Pr es e nt zoning o f l and in q u e s t i on C-3 --=---=---
Se ction of ord i nanc e f r o;n whic h v ar i a nc e is s ought __ T.J....Qau..h.L..l<...ce~-&.A.1.-------------
Th e following s p e cific v 2.ria ti on from th e ordin a n ce i s r e gu es t e d:
Vary 1' 11" from required front set hack on Eisenhower.
Thi s v a rian c e i s n e c e s sary due to the follo wi n g un i q ue an cl sp ecial c o ndition s o f
the ~and not f o u n d in l i k e d i s tricts:
The huildin o-j n q u e stion curretlv exists and I wish'-to remove ()
the e x is t ing s t r u c t ure.
---------·---~-------
Th e f ollowing alternative s t o th e r equested variance a re po ss ible :
Distroy e xi.s-ting struc ture o r l e av e i:n-~t s cnrr e nt con dition
This v a ria nce wi ll not b e cont rary to th e pub l ic int erest by v irtu e o f t he f ollowing
f~c ts : Remodeling this bui ldifl-g , Hhi c h ha s-been on this site for
anproxirna t e 1 y 30 p l u s yea r s, w i J J i mnrmre th e a~ran c e a t
t his lo c a t i on_and i n fact i-~-t inte:cest of---t:he n ubli-e-:---
in this ap p li ca ti on are t r ue a n <l co r r ec t.
J u l y 6, 1 982
Dat e
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ZONI;;G BOA RD OF ADJUSTME NT FILE NO.
Location: Lot Block Subdivision
Action requested: I o ~I /'\ " . . ( )"--1 t'f ... 1'
NAME ADDRESS
(From current tax rolls, College Station Tax Assessor)
r
I
I
ZONING BOARD OF ADJUSTMENT FT.LE NO. ' -----....,
Present zoning of land in ques tion r-\ :.,·, ,J t:. \·-c.• ,.,, , /,/
_ _,__ __ __=::_;..:-,--=-_.:_....:_ __ ~------------~
j
Section of ordinance from which variance is sought NJ --;'f-"-~~~~~~~~~~~~-
T he following ·s p ecific variation from the ordinance is requested: _jJ/p
I
This variance is necessary due to the following unique 2nd special conditions of
the land not found in like districts:
The following alternatives to the request e d v ariance are po s sible: __JJ~-----
,1 ,,
This variance wiil not be contrary to the public interest by virtue of the following
f~~t~: ----t: __ Ll-L.:...-------------------------------------
Th e facts state d by me in this application are true and correct.
;ti£:;':} ,,J -, /:::0c ,,(
· -·· App licant .... /
.-? __ _
Dale
---------------------~-----~
,//
SOUTHWOOD VALLEY BK 9
LT 4 LT 55
James R. vJild Donald D. Albrecht
1606 Todd Trail 2707 Jennifer Cir.
College Station, TX 77840 College Station, TX 77840
LT 5 LT 52
Robert B. McKnight Runar W. Lundberg
1608 Todd Trail 2719 Jennifer Cir.
College Station, TX 77840 College Station, TX 77840
LT 6 LT 56
Brett A. Wolfe Ron R. Hart
1610 Todd Trail 2703 Jennifer Cir.
College Station, TX 77840 College Station, TX 77840
LT 42 LT 57
Lloyd D. Young George H. Kemper
2700 Celinda Cir 2700 Jennifer Cir.
College Station, TX 77840 College Station, TX 77840
LT 43 LT 59
Donnie Gene Bowman Michael S. Greenberg
2704 Celinda Cir. 2708 Jennifer Cir.
College Station, TX 77840 College Station, TX 77840
LT 44 LT 60
John D. Wheelan Ja mes F. Whittman
2708 Celinda Cir. 2712 Jennifer Cir.
College Station, TX 77840 College Station, TX 77840
LT 45 LT 61
J.W. Mogford John Hiller et ux
2712 Celinda Cr. 2716 Jennifer Cir
College Station, TX 77840 College Station, TX 77840
LT 46 LT 66
A. W . Davi s I I I Siu-Lewng Lee
2716 Celinda Cir. 2719 Adrienne Cir.
College Station, TX 77840 College Station, TX 77 840
LT 53 LT 67
Dipankar Sen Robert B. Barnes
2715 Jennifer Cir. 2715 Adrienne Cir.
Colle ge Station, TX 77 84 0 College Station, TX 77840
LT 54 LT 68
City Nationa l Bank Larry Piper
Brya n , TX 77 801 2711 Adri e nne Ci r .
College Station, TX 77 84 0
Cont ...
LT 69
Ada m R. Loz an o
2707 Adrienne Ci r.
College Statio n, TX 77840
LT 70
Roger R. Smith
2703 Adrienne Cir.
College Station, TX 77840
LT 71
Do na ld Wayn e Bu gh
2700 Adrienne Cir.
College Station, TX 77840 -
LT 72
Henry Valdez
2704 Adrienn e Cir.
Co l lege Station, TX 77840
LT 73
J.B. Shaw & C.O. Fish e r
2708 Adrienne Cir.
College Statio n , TX 77840
LT 74
Geor ge E. Mar tin
2712 Adri e nn e Ci r.
College Sta tion, TX 77 84 0
I ·, .. / ,
-... /.. .
AMENDED
A G E N D A
Zoning Board of Adjustment
City of College Station, Texas
July 20, 1982
7:00 P.M.
l. Approval of Minutes from June 15, 1982.
2. Reconsideration of a Variance Request to Section 8 -Ordinance 850 -
Parking Requirements for a sandwich shop at 411 University Drive in
the name of Centex Subway, Inc.
3. Consid e ration of a Request for a Variance to Table A -Ordinance 850 -
Minimum Rear Setback Requirements at 2800 Manas s as in Colleg e Station
in the name of Sherman Click dba Click and Brown Homes, Inc.
4. Consideration of a Request for a Variance to Table A -Ordinance 850 -
Minimu m Front Setback at 415 Eisenhower in the name of W. T. Aycock.
5. Con s id e ration of an App ea l of a De cision by the Zoning Official regardihg
Beauty Salons as Home Occupations.
6. Con s ideration of a Re qu es t for Allowin g Signs during Rush Wee k for
Sororities and Fraternities.
7. Oth e r Business.
8. Adjourn.
I, the undersigned authority, do hereby certify that the above Amended
Agenda of the Zoning Board of Adjustment meeting to be held on July 20, 1982
at 7:00 P.M. is a true and correct copy of said Amended Agenda and that said
copy was posted on the bulletin board in the City Hall of said City on the
16th of July, 1982, at 3:00 P.M. and so remained continuously posted for at
least 72 hours preceding the scheduled time of said meeting.
DATED THIS THE 16th DAY OF JULY, 1982.
CITY OF COLLEGE STATION, TEXAS
aiidad~ CitY Sec rary
A G E N D A
Zoning Board of Adjustment
City of Colleg e Station, Texas
July 20, 1982
7:00 P.M.
l. Approv a l of Minu tes from June 15, 1982.
2. Reconsi derat ion of a Variance Request to Section 8 -Ordinance 850 -
Parking Requ ir ements for a ~andwich shop at 411 Univ e rsity ~rive in
the na me of Centex Subway, Inc.
3. Consid e r a ti on of a Request for a Varianc e to Tab l e A -Or din an ce 850 -
Minimu m Rear Set back Requirements at 2800 Manass as in Colleg e Station
in th e name of Sh e rman Clic k db a Click and Bro wn Ho mes , Inc.
4. Consid erat ion of a Request for a Variance to Tabl e A -Ordinanc e 8 0 -
Minimum Front Setback at 415 Eis en ho we r in th e na me of W. T. Aycock.
5. Con s id erat i o n of an App ea l of a De ci s ion by the Zon ing Of fici a l regarding
Beauty Sal ons as Ho me Occup at io ns.
6. Other Business.
7. Adjou rn.
AMENDED
A G E N D A
Zoning Board of Adjustment
City of College Station, Texas
July 20, 1982
7:00 P.M.
l. Approval of Minutes from June 15, 1982.
2. Reconsideration of a Variance Request to Section 8 -Ordinance 850 -
Parking Requirements for a sandwich shop at 411 University Drive in
the name of Centex Subway, Inc.
3. Consideration of a Request for a Variance to Table A -Ordinance 850 -
Minimum Rear Setback Requirements at 2800 Manassas in College Station
in the name of Sherman Click dba Click and Brown Homes, Inc.
4. Consideration of a Request for a Variance to Table A -Ordinance 850 -
Minimum Front Setback at 415 Eisenhower in the name of W. T. Aycock.
5. Consideration of an Appeal of a Decision by the Zoning Official regarding
Beauty Salons as Home Occupations.
6. Consideration of a Request for Allowing Signs during Rush Week for
Sororities and Fraternities.
7. Other Business.
8. Adjourn.
A G E N D A
Zoning Board of Adjustment
City of College Station, Texas
July 20, 1982
7:00 P.M.
l. Approval of Minutes from June 15, 1982.
2. Reconsideration of a Variance Request to Section 8 -Ordinance 850 -
Parking Requirements for a sandwich shop at 411 University Drive in
the name of Centex Subway, Inc.
3. Consideration of a Request for a Variance to Table A -Ordinance 850 -
Minimum Rear Setback Requirements at 2800 Manassas in College Station
in the name of Sherman Click dba Click and Brown Homes, Inc.
4. Consideration of a Request for a Variance to Table A -Ordinance 8 0 -
Minimum Front Setback at 415 Eisenhower in the name of W. T. Aycock.
5. Consideration of an Appeal of a Decision by the Zoning Official regarding
Beauty Salons as Home Occupations.
6. Other Business.
7. Adjourn.
City of College Statio n
P OST OFF ICC: f:Y)X L/960 I I 0 I TEX/\S A V E. ·uE
COLL EGE STATION. T E>V\S 77840
July 12, 1982
MEMORANDUM
TO: Zoning Board of Adjustment
FROM: Jane R. Kee, Zoning Official
SUBJECT: Agenda Items, July 20, 1982
AGENDA ITEM #2: Reconsideration of a Variance Request ~o Section 8 -Ordinance 850 -
Parking Requirements for a sandwich shop at 411 University Drive in the name of
Centex Subway, Inc.
This item was tabled at the two previous meetings. Below is the memo included 1n
the packets for those previous meetings.
The applicant is requesting a variance to 10 parking spaces for a sandwich shop
proposed to be located at 411 University Drive. The operation will have 30 seats
but no cooking will be done on the premises. Under Ordinance 850, restaurants
have a parking requirement of l space per 3 seats, and no employee requireme~t ..
Th e se spaces are to be located on the property or on property under the same owner-
ship within 200 feet.
There have been 5 applications for parking variances in the Northgate are a over
the last 2 years. The following is intended to help the members recall each requ e st
and the ultimate decisions:
Date Decision Type Activ.ity
l-15-80 Denied-6 spaces Arcade-405 Univ.Dr.
1-20-81 App roved-13 spaces Restaurant-403 U.Dr.
4-21-81 Approved-20 spaces Restaurant-SOI LI.Dr.
5-19-81 Denied-6 spaces Arcade 315 U.Dr.
7-21-81 Approved-6 spaces II
Applicant
J.P.Jones
Flowers &
son
J.R.Lamp
Ed.\falsh
II
Comments
Lar-Neve r Built
w/stipulation tha ~
parking be provid e~
for e mploye e s
w/condition of
1 yr. to i mprov e
parking.
Mr. Phil Callihan will be pres e nt at th e mee ting to an s we r any qu e sti o n s .
AGENDA ITEM #}: Consid e ration of a Re quest f o r a Vari a nce to Tab l e A -Ord inan c 1
850 -Mini mum Re ar Setback Re quir em e nt s at 2800 Ma nassas in Coll ege St at i o n in t he
name of Sh e rm a n Click dba Click and Br ovm Homes , In c .
I n r es pon se to a citiz e n compl a int, th e Zo ning Ins pec tor a nd I we nt t o 2800 Ma nassas
t o che ck th e location of a ga ra ge slab. Th e slab meas ur e d 14 1 fro m th e rea r pr op e rt y
li ne . Th e appr o ve d building pe r mit (#993 1) site pl a n indicat e d th e ~a r age woul d be
a pp r o xim a tely 30' fro m th e r ea r pr o pe rt y lin e . Th e r e was no Zoning I nspec ti on req u ir 1
MEMO -ZBA -July 20, 1982
page 2
During construction the garage was relocated to sav e some existing trees, but no on e
in City Hall was notified of this change to th e approved site plan. {See sit e plan
enclosed). If someone had come by my office this situation would have been avoided.
The staff is certainly not opposed to saving trees, but tries to encourage this.
The staff also tries to encourage builders to locate trees prior to designing a
site plan to save as many as possible and still meet City codes. The approved site
plan shows no trees.
Mr. Click states in hi 1s application
ment. Over the last year Click and
family structures and 2 fourplexes.
none were for rear setback checks.
that he was unaware of a rear setback require-
Brown has permitted approximately 8 single
Of these, 7 required zoning inspections although
It seems odd to me that where there are front
and side setback requirements that someone would not question whether there is a
rear setback requirement as well.
In any case the slab encroaches the rear setback by 11' and the applicant is re-
questing a variance. The staff is opposed to this variance for two reasons: When
Mr. Click signed the application for the building permit he certified that 11 ••• the
construction proposed complies with the Zoning Ordinance, the Building Code, and
the conditions of approval of the plat of the land. I also certify that I am
familiar with the regulations above mentioned ... 11 Secondly, the City has been try-
ing to make builders understand that site plan changes should be cleared through
the Planning Office to avoid mistakes or problems. Granting this variance may
damage our enforcement efforts by letting people think that they need not be ov e rly
cautious because mistakes will be forgiven and variances granted.
AGENDA ITEM #4: Consideration of a Request for a Variance to Table A -Ordinanc e 850 ·
Minimum Front Setback at 415 Eis e nho we r in the name of W. T. Aycock.
The applicant is requesting a vari a nce to the front setback for an existing building
in order to remo del. The existing building which has existed for 30 years encroach e s
the front setback along Eisenhm·1er by 1'11 11 • The applicant is going to remove the
existing building and rebuild on th e existing slab. A site plan will be provided
at the meet ing. This request is very similar to the request for the Randolph buildin g
on the corner of University & Tarrow th a t received a variance to the front setba ck
of 1'2!" for the remodeling and expans ion of an existing building. The staff has
no problems with this request.
AGENDA ITEM #5 : Consideration of an App ea l of a Decision by the Zoning Official
regarding Beauty Salons as Ho me Occupations.
The appl leant is requesting an interpr etat ion of a decision made by the Zoning
Official concerning beauty shops and ho me occupations.
Th e applicant will clos e in ha l f of a double garag e and will hav e a shampoo bo wl and
I chair to shampoo, cut, and fix hair and nails for friends.
The definition of Ho me Occup at i on in th e Zoning Or dinance is: "A 'hom e occupation'
is a comm erc i a l u se customarily c arr i ed on in th e hom e by me mbers of the occupant
family without str uctur a l a lt e r at ions in the prin cipa l building of any of its roo ms ,
v1itho ut th e in sta ll a tion of machin ery or add ition al eq uipment oth er than that custom-
ary to normal household operation s , wi thout the emp l oyment of add ition a l persons,
and which does not cause th e generat i on of other than normal noi se, pedestrian and
vehicular traffic."
I made the decision,with th e support of th e Plannin g Staff, that this r equest does
not meet the definition of ho me occupation for s evera l r easons: {!)Addi tional
MEMO -ZBA -July 20, 1982
page 3
equipment other than that customary to no rmal household operations 1~ould be utilized
and (2) the potential generation of oth e r than normal pedestrian and vehicular
traffic would exist. Even if this o per a t e d initially on a small scale, as th e appli-
cant insists (it still does not me e t th e definition) there is the potential for
growth if successful. This growth woul d go unchecke d by the City until a complaint
is received; then the City would have to stop the operation after the fact.
The Planning Staff does not feel that any beauty salon is an appropriate home occu-
pation as defined by Ordinance 850. Furthermore, our Ordinance defines a personal
service shop as: ''An establishment for the purpose of supplying limited personal
services such as, but not limited to, barber, shoe, boot, or 'beauty' shops.11
This is a specifically permitted use in our lowest commercial zone -AP (Adminis-
trative-Professional).
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