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HomeMy WebLinkAbout211 Zoning Board of Adjustments November 2, 1982,. • • • MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: MINUTES City of College Station, Texas Zoning Board of Adjustment November 2, 1982 7:00 P.M. Members Upham, Donahue, Wagner, MacGilvray, Alternate Member Lindsay and Council Liaison Boughton Chairman Cook Zoning Official Kee, Director of Planning Mayo and Planning Technician Volk Mr. Wagner made a motion for Upham to be acting chairman in the absence of Mrs. Cook. Mr. MacGilvray seconded. Motion carried unanimously. AGENDA ITEM NO. 1: Approval of Minutes -meeting of October 19, 1982. Mr. Wagner referred to Agenda Item #3, page 5, and requested that it be corrected to show that he (Wagner) had abstained, and that the motion carried 4-0 with one abstention. Mr. MacGilvray referred to Agenda Item #5 page 6 and asked that 11 Mr. MacGilvray seconded the motion; motion carried unanimously" be added. With the above corrections and additions, Mr. Wagner moved that the minutes be approved with Mr. MacGilvray seconding. Motion carried unanimously. AGENDA ITEM NO. 2: Reconsideration of a variance to Table A, Rear Setback 11 E11 requirement s of Ordinance 850, at a proposed Village Square Office Park located in a neighborhood commercial zoning district in Southwood Valley Sec. 5-A. Application is in the name of G. Philip Mor l ey & William E. Loveless. Mr. Wagner asked to be excused from participation in this item due to a conflict of interest. He was excused and took a seat in the audience. Phil Morley was sworn in and read a prepared statement concerning the proposed project. Mr. Upham then stated that Mr. Morley had stated some germane facts about the project which had not been stated previously. He cited the 1 imiting of uses to professional only which was mentioned and stated the Board had not known this previously and had been thinking of commercial or retail uses in this neighborhood at the previous meeting. Mr. Lindsay reiterated that the required 15 ft. setback has been provided, and that this variance request only concerns the 10 ft. clear space requirement. Mr. Upham pointed out that "location of dumpster" was also in the request. John Lofgren, a neighbor to the proposed project, was sworn in and stated the plan presented tonight had changed since it was shown to the Planning & Zoning Commission. He also as ked where the 10 ft. 1 ine was, then talked about C-N zoning districts as being special districts, and that this one in particular was special because it was the last C-N district to be developed. He spoke of Mr. Morely gaining more than access, then referred to the beautiful homes in that neighborhood. He said that the neighborhood would not be getting much. He then offered to present to the Board an alternative pro- ject design he had had drawn. Mr. MacGilvray quickly pointed out that in offering an alternative site plan Mr. Lofgren was straying from the jurisdiction of this Board. Mr. MacGilvray then publicly apologized • • • Lt:SA Minutes 11-2-82 page 2 to the Board and the public for bringing up the subject of sit e plans at the previous meeting, and stated that he is now aware that by doing that, he was acting outside the jurisdiction of the Board. Mr. Lindsay offered the same apology in regard to the amend- ment which he had proposed and then withdrew at the previous meeting. Mr. Upham then referred to what Mr. Lofgren had referred to as the "gift of the easement'' from the City. He pointed out the City no longer accepts this type of easement, and then stated that if there was indeed a gift, it is double barreled, that is, the land in this easement is a useless piece of property which the City would, under other circumstances, have to maintain, and besides this, the City is gaining the equivalent of a paved street almost the full length (but not quite) of this drainage area for use in maintenance and fire fighting. Mr. Upham then indicated that who maintained the area could be addressed in .the motion. Paul Beckingham, another neighbor was sworn in and asked if this paved road would go through to Deacon, and Mr. Upham said it would not, but there must be access for fire control, and the plan had been referred to the Fire Marshal who has approved the plan. Mr. MacGilvray said that the 10 ft. free and clear access referred to in the Ordinance was for the purpose of fire control, as near as can be ascertained. Mr. Beckingham said the location of the parking spaces in front of the project had been reversed originally because of fire control and now what had not been allowed in front is being allowed . in the rear. Mr. Upham asked Mrs. Kee if this was a matter of Ordinance requirement, and she said no, but the Fire Marshal had approved this because a maximum of 2 spaces would be affected in the rear, simply because of the location of a fire hydrant the developer will be adding on site. Mr. Beckingham questioned this again, and Mr. Upham said he could only assume that this was perfectly acceptable since it had the approval of the Fire Marshal as attested to by a letter which was included in the packet the Board members had received. Al Mayo, Director of Planning was sworn in and stated the Fire Marshal checks projects to make sure that every building is within 150 feet of a fire lane, and the buildings in front of this project fall within this distance so do not require fire lanes, and the addition of the fire hydrant provides that coverage in the rear, then he pointed out on the site plan how fire control would work. He then addressed the 10 ft. clear require- ment in the Ordinance and pointed out that the 15 ft. setback is provided for, and that the 10 ft. clear requirement is the only variance requested in the variance. He reported that the meeting he had with Mr. Lofgren had resulted in even a stronger feeling that a C-N district is a special zone and that staff would 1 ike to point out to any opponents of this project that if they still have questions regarding the site plan, they should address these questions to the City Council in the form of an appeal of a decision made by the Planning and Zoning Commission, and that staff would 1 ike to inform the Board and the public that all departments within the City have been heavily involved in the approval of this site plan, and that staff would 1 ike to thank the Board for reconsidera- tion being given the project tonight and would 1 ike to ask for a granting of this variance request. Mr. Lindsay asked if there was 29 ft. from the property 1 ine to the building 1 ine, and after Mr. Mayo explained, Mr. Lindsay again pointed out that he does not want to get into a site plan d e cision. Mr. Upham asked about the dumpster location and Mr. Morley pointed it out and informed the Board that it had been included in the request for variance because it would be located in this required 10 ft. clear area. Marl in Miller came forward and was sworn in and stated that he is concerned about this access road and the possibility of it extending to Deacon and requested that this be included in the variance request. Mr. Mayo and Mr. Lindsay pointed out that this is not within the jurisdiction of this Board. Mr. MacGilvray pointed out that everything out of a particular 1 ine on the site plan is out of their jurisdiction. Mr. Morley was • • • Lt:SA Minutes l l -2-82 pa.ge 3 asked if curbing was to be included and he said the City would was amenable to blocking that end of this drive but could not. Mr. Mill e r to approach the City Council with his request. control that, but that he Mr. Lindsay advised Mr . Lofgren ask e d a question regarding the dumpster and whether it was considered storage and also pointed out that a fence is considered an obstruction. Mr. Mayo pointed out that the only qu e stion before the Board is 11 do you want 10 ft. clear space or not'', and the qu e stion r e garding the dumpster is that it could be relocated easily,but the Director of Public Servic e has agreed to this location, and if this question is addressed, it should be to th e City Council. Mr. Lindsay said the question is "is there 10 ft. clear 11 and that he believes there actually is because of the City land which is being used. Mr. Lindsa y made a motion to authorize a variance to the minimum setback (Table A) Rear Setbac k 11 E11 requirements bf Ordinance 850 from the terms of this ordinance as it will not be contrary to the public interest, due to the following unique and special conditions of the land not normally found in like districts: that 10 ft. clear is provided off the property, 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. Mrs. Donahue seconded the motion; motion carried unanimously, with Mr. Wagner not voting or taking part in the discussion. Mr. Wagner then made a statement and asked ·Mr. Mayo to define right-of-way, and went on to say that a street in front of a property is a right-of-way and this rear right-of-way can be handled in any way the City wants. Mr. Mayo repl led that right-of-way grants s pecific public use of land, although the City does not own it under most instances. This particular right-of-way is for access and drainage. The City owns the right to use a ri gh t-of-way, but the people on each side of a right-of-way actually own that area. He gav e as an example oil rights, and the City has none, but would if it owned right-of-way by virtue of location of streets in virtually every area. AGENDA ITEM NO . 3: Reconsideration of a request for a variance of Section 8-D.3 Ordi- na nce 85 0 pertaining to signs; the request is for additional sign(s) at each of 9 s o rority houses in the Greek Village Subdivision. Application is in the name of the College Panhellenic Association of College Station. Penny Ditton and Joy Howze were sworn in and read the amendment to their request for variance: Requested one sign per lot in addition to permanent identification, either attached or detached, no larger than 100 sq. ft. to be located in the front yard no closer than 25 ft. from the curb (and nothing within the site distance triangle on corner lots), a detached sign not to exceed 10 ft. in height and an attached sign not to extend above the roof overhang. No sign is to have flashing lights or moving parts. Sign s should be displayed only for a reasonable length of time to cover an event and will not require individual permits. They verbally added that they would like for one sign with moving parts to be allowed occasionally, and then mentioned said sign would be lit with spot lights. The Board discussed this request, suggested several changes, and conferred with Mrs.Kee regarding what th e Ordinance would allow . Mr. Lindsay asked if this request for variance had be e n discuss e d with the neighbors and Miss Ditton and Miss Howze indicated that it had onl y been discussed with them at the last regular ZBA meeting. Mr. Lindsay and Mr. Upham both indicated they did not like the moving parts addition. Mrs. Donahue asked ho w the granting of this variance would affect other associations in the City and was informe d that this request only appl led to the sorority houses in the platted sub- division called Greek Village, in which there were 10 lots, and that any association outside this subdivision would have to apply for any variance they wished to be granted. Mr. Lindsay read the part of the Ordinance which refers to all signs having to comply with th e building code and this ordinance, and said that this variance would not exempt them • • • ZBA Minutes 11-2-82 p~ge 4 from complying wit h the building code and that dangers, etc. would be covered by the building code. Mr. Upham point ed out that what the Board could do is to allow a second sign with certain conditions. Mr. Lindsay said he would make a motion, but still had reservations about moving parts on these signs. After discussion, Mr. Lindsay did make a motion to authorize a variance to the sign regulations of Section 8, from the terms of this ordinance as it will not be contrary to the public interest, due to the following unique and special conditions of the land not normally found in like districts: This is a platted Greek Village, and because a strict enforcement of the provisions of the Ordinance would result in unnec- essary hardship, and such that the spirit of this Ordinance shall be observed and sub- stantial justice done and with the fol lowi ng special conditions: granting one (l) sign per lot in addition to the permanent identification, either attached or detached, no larger than 100 sq. ft., to be locat~d in the front yard no closer than 25 ft. to the curb (and nothing within the site distance triangle on corner lots), a detached sign not to exceed 10 ft. in height or an attached sign not to extend above the roof overhang. No sign is to have flashing lights, sound or mechanical moving parts. Signs shall be displayed only for a reasonable length of time to cover an event. Mr. Wagner seconded the motion. Motion carried unanimously. AGENDA ITEM NO. 4: Other business Mrs. Kee informed the Board that Mr. Searcy and Mr . Guidry were here to discuss the power 1 ine across Mr. Searcy 1 s property, as requested by the Board. Mr. Upham explained to Mrs. Donahue who was absent from the meeting at which this was discussed previously. (See Minutes from August 17, 1982). Mr. Guidry came forward to explain that 6 or 8 months ago Mr. Searcy came by his office to ask him to remove a power line between 106 and 108 Southland. He showed a map to the Board and Mr. Searcy, then explained how utility service is carried to the south side of Southland and further explained that this 1 ine is an original REA line which the City purchased when this area was annexed. Mr. Searcy said that he didn't recall it being there then, but that he believes it has been moved to its present location. Mr. Guidry then explained that the City doesn't have another route to use no w, but if Mr. Searcy could help acquire an easement, the possibility of servicing the area from Southwest Parkway could be explored. He also indicated there is no way to estimate a time lapse on this, and Mr. Searcy expressed his confidence that Mr. Guidry will do everything possible to help eliminate this worry. Mr. Upham brought up the subject of Home Occupations and discussion by all Board Members followed concerning definitions, specific and general. Mrs. Kee told the Board that what she was after was direction from the Board concerning the limit of traffic a home occupation could generate, and that the staff itself is working toward reviewing the current Zoning Ordinance, and this subject will then be studied in depth. Mr. Lindsa y requested a workshop with the City Attorney to cover obligations and duties of this Board. Monday, Dece mbe r l, 1982 was chosen as the date to aim for. Mr. Upha m requested the Cit y Attorney be consulted about what can be done to change the requirement of separate paperwork for each day of a violation. Mr. MacGilvray announced that the first meeting of the Northgate Committee would be at 9:00 A.M. Thursday, November 4th . L.Ur\ lllllULt:::::> 11-2-82 ... ' p ~ge 5 Mrs. Donahue mad e a motion to adjourn. Mr. Wagner seconded. Motion carried unanimously. • APPROVED: Jack Upham, Acting Chairman ATTEST: Dian Jones, City Secretary • • • • • MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: MINUTES City of College Station, Texas Zoning Board of Adjustment November 2, 1982 7:00 P.M. Members Upham, Donahue, Wagner, MacGilvray, Alternate Member Lindsay and Council Liaison Boughton Chairman Cook Zoning Official Kee, Director of Planning Mayo and Planning Technician Volk Mr. Wagner made a motion for Upham to be acting chairman in the absence of Mrs. Cook. Mr. MacGilvray seconded. Motion carried unanimously. AGENDA ITEM NO. 1: Approval of Minutes -meeting of October 19, 1982. Mr. Wagner referred to Agenda Item #3, page 5, and requested that it be corrected to show that he (Wagner) had abstained, and that the motion carried 4-0 with one abstention. Mr. MacG i 1 vray referred to Agenda I tern #5 page 6 and asked that 11 Mr. MacG i 1 vray seconded the motion; motion carried unanimousli 1 be added. With the above corrections and additions, Mr. Wagner moved that the minutes be approved with Mr. MacGilvray seconding. Motion carried unanimously. AGENDA ITEM NO. 2: Reconsideration of a variance to Table A, Rear Setback 11 E11 requirements of Ordinance 850, at a proposed Village Square Office Park located in a neighborhood commercial zoning district in Southwood Valley Sec. 5-A. Application is in the name of G. Philip Morley & William E. Loveless. Mr. Wagner asked to be excused from participation in this item due to a conflict of interest. He was excused and took a seat in the audience. Phil Morley was sworn in and read a prepared statement concerning the proposed project. Mr. Upham then stated that Mr. Morley had stated some germane facts about the project which had not been stated previously. He cited the 1 imiting of uses to professional only which was mentioned and stated the Board had not known this previously and had been thinking of commercial or retail uses in this neighborhood at the previous meeting. Mr. Lindsay reiterated that the required 15 ft. setback has been provided, and that this variance request only concerns the 10 ft. clear space requirement. Mr. Upham pointed out that 11 location of dumpster•• was also in the request. John Lofgren, a neighbor to the proposed project, was sworn in and stated the plan presented tonight had changed since it was shown to the Planning & Zoning Commission. He also asked where the 10 ft. 1 ine was, then talked about C-N zoning districts as being special districts, and that this one in particular was special because it was the last C-N district to be developed. He spoke of Mr. Morely gaining more than access, then referred to the beautiful homes in that neighborhood. He said that the neighborhood would not be getting much. He then offered to present to the Board an alternative pro- ject design he had drawn. Mr. MacGilvray quickly pointed out that in offering an alternative site plan Mr. Lofgren was straying from the jurisdiction of this Board. Mr. MacGilvray then publicly apologized • • • Lt:SA Minutes 11-2-82 page 2 to the Board and the public meeting, and stated that he jurisdiction of the Board. ment which he had proposed for bringing up the subject of site plans at the previous is now aware that by doing that, he was acting outside the Mr. Lindsay offered the same apology in regard to the amend- and then withdrew at the previous meeting. Mr. Upham then referred to what Mr. Lofgren had referred to as the 11 g i ft of the easement'' from the City. He pointed out the City no longer accepts this type of easement, and then stated that if there was indeed a gift, it is double barreled, that is, the land in this easement is a useless piece of property which the City would, under other circumstances, have to maintain, and besides this, the City is gaining the equivalent of a paved street almost the full length (but not quite) of this drainage area for use in maintenance and fire fighting. Mr. Upham then indicated that who maintained the area could be addressed in the motion. Paul Beckingham, another neighbor was sworn in and asked if this paved road would go through to Deacon, and Mr. Upham said it would not, but there must be access for fire control, and the plan had been referred to the Fire Marshal who has approved the plan. Mr. MacGilvray said that the 10 ft. free and clear access referred to in the Ordinance was for the purpose of fire control, as near as can be ascertained. Mr. Beckingham said the location of the parking spaces in front of the project had been reversed originally because of fire control and now what had not been allowed in front is being allowed in the rear. Mr. Upham asked Mrs. Kee if this was a matter of Ordinance requirement, and she said no, but the Fire Marshal had approved this because a maximum of 2 spaces would be affected in the rear, simply because of the location of a fire hydrant the developer will be adding on site. Mr. Beckingham questioned this again, and Mr. Upham said he could only assume that this was perfectly acceptable since it had the approval of the Fire Marshal as attested to by a letter which was included in the packet the Board members had received. Al Mayo, Director of Planning was sworn in and stated the Fire Marshal checks projects to make sure that every building is within 150 feet of a fire lane, and the buildings in front of this project fall within this distance so do not require fire lanes, and the addition of the fire hydrant provides that coverage in the rear, then he pointed out on the site plan how fire control would work. He then addressed the 10 ft. clear require- ment in the Ordinance and pointed out that the 15 ft. setback is provided for, and that the 10 ft. clear requirement is the only variance requested in the variance. He reported that the meeting he had with Mr. Lofgren had resulted in even a stronger feeling that a C-N district is a special zone and that staff would 1 ike to point out to any opponents of this project that if they still have questions regarding the site plan, they should address these questions to the City Council in the form of an appeal of a decision made by the Planning and Zoning Commission, and that staff would like to inform the Board and the public that all departments within the City have been heavily involved in the review of this site plan, and that staff would 1 ike to thank the Board for reconsidera- tion being given the project tonight and would 1 ike to ask for a granting of this variance request. Mr. Lindsay asked if there was 29 ft. from the property line to the building 1 ine, and after Mr. Mayo explained, Mr. Lindsay again pointed out that he does not want to get into a site plan decision. Mr. Upham asked about the dumpster location and Mr. Morley pointed it out and informed the Board that it had been included in the request for variance because it would be located in this required 10 ft. clear area. Marvin Miller came forward and was sworn in and stated that he is concerned about this access road and the possibility of it extending to Deacon and requested that this be included in the variance request. Mr. Mayo and Mr. Lindsay pointed out that this is not within the jurisdiction of this Board. Mr. MacGilvray pointed out that everything out of a particular 1 ine on the site plan is out of their jurisdiction. Mr. Morley was -, • • • ZBA Minutes 11-2-82 page 3 asked if curbing was to be included and he said the Cit y would was amenable to b loc king that end of this drive but could not . Mr. Miller to approach the City Council wi th his r e quest. control that, but that he Mr. Lindsay advised Mr. Lofgren asked a question regarding the dumpster and whether it was considered storage and also pointed out that a fence is considered an obstruction. Mr. Mayo pointed out that the only question before the Board is "do you want 10 ft. clear space or not", and the question regarding the dumpster is that it could be relocated easily,but the Director of Public Service has agreed to this location, and if this question is addressed, it should be to the City Council. Mr . Lindsay said the question is "is there 10 ft. clear" and that he believes there actually is because of the City land which is being used. Mr. Lindsay made a motion to authorize a variance to the minimum setback (Table A) Rear Setback 11 E11 requirements of Ordinance 850 from the terms of this ordinance as it will not be contrary to the public interest, due to the following unique and special conditions of the land not normally found in 1 ike districts: that 10 ft. clear is provided off the property, 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. Mrs. Donahue seconded the motion; motion carried unanimously , with Mr. Wagner not voting or taking part in the discussion. Mr. Wagner then made a statement and asked Mr. Mayo to define right-of-way, and went on to say that a street in front of a property is a right-of-way and this rear right-of-way can be handled in any way the City wants. Mr. Mayo replied that right-of-way grants specific public use of land, although the City does not own it under most instances. This particular right-of-way is for access and drainage. The City owns the right to use a right-of-way, but the people on each side of a right-of-way actually own that area . He gave as an example oil rights, and the City has none, but would if it owned right-of-way by virtue of location of streets in virtually every area. AGENDA ITEM NO. 3: Reconsideration of a request for a variance of Section 8-D.3 Ordi- nance 850 pertaining to signs; the request is for additional sign(s) at each of 9 sorority houses in the Greek Villa ge Subdivision. Application is in the name of the Coll~ge Panhellenic Association of College Station. Penny Ditton and Joy Howz e were sworn in and read the amendment to their request for variance: Requested one sign per lot in addition to permanent identification, eithe r attached or detached, no larger than 100 sq. ft. to be located in the front yard no closer than 25 ft. from the curb (and nothing within the site distance triang l e on corner lots), a detached sign not to exceed 10 ft. in height and an attached sign not to extend above the roof overhang. No sign is to have flashing 1 ights or moving parts. Signs should be displayed only for a reasonable length of time to cover an event and will not require individual permits. They verbally added that they would like for one sign with mov ing parts to be allowed occasionally, and then mentioned said sign would be 1 it with spot l ·ights. The Board discussed this request, suggested several changes, and conferred with Mrs.Kee regarding what the Ordinance would allow. Mr. Lindsay asked if this request for variance had been discussed with the neighbors and Miss Ditton and Miss Ho wze indicated that it had only been discussed with them at the last regu lar ZBA meeting. Mr. Lindsay and Mr. Upham both indicated they did not 1 ike the moving parts addition. Mrs. Donahue asked how the granting of this variance would affect other associations in the City and was informed that this request only applied to the sorority houses in the platted sub- division called Greek Village, in which there were 10 lots, and that any association outside this subdivision wou ld have to apply for any variance they wished to be granted. Mr. Lindsay read the part of the Ordinance which refers to al l signs having to comply with the building code and this ordinance, and said that this variance wo uld not exempt them • • • LtlA Minutes 11-2-82 page 4 from complying with the building code and that dangers, etc. would be covered by the building code. Mr. Upham pointed out that what the Board could do is to allow a second sign with certain conditions. Mr. Lindsay said he would make a motion, but still had reservations about moving parts on these signs. After discussion, Mr. Lindsay did make a motion to authorize a variance to the sign regulations of Section 8, from the terms of this ordinance as it will not be contrary to the pub I ic interest, due to the following unique and special conditions of the land not normally found in like districts: This is a platted Greek Village, and because a strict enforcement of the provisions of the Ordinance would result in unnec- essary hardship, and such that the spirit of this Ordinance shall be observed and sub- stantial justice done and with the following special conditions: granting one (l) sign per Jot in addition to the permanent identification, either attached or detached, no larger than 100 sq. ft., to be located in the front yard no closer than 25 ft. to the curb (and nothing within the site distance triangle on corner lots), a detached sign not to exceed 10 ft. in height or an attached sign not to extend above the roof overhang. No sign is to have flashing lights, sound or mechanical moving parts. Signs shall be displayed only for a reasonable length of time to cover an event. Mr. Wagner seconded the motion. Motion carried unanimously. AGENDA ITEM NO. 4: Other business Mrs. Kee informed the Board that Mr. Searcy and Mr. Guidry were here to discuss the power line across Mr. Searcy's property, as requested by the Board. Mr. Upham explained to Mrs. Donahue who was absent from the meeting at which this was discussed previously. (See Minutes from August 17, 1982). Mr. Guidry came forward to explain that 6 or 8 months ago Mr. Searcy came by his office to ask him to remove a power I ine between 106 and 108 Southland. He showed a map to the Board and Mr. Searcy, then explained how utility service is carried to the south side of Southland and further explained that this I ine is an original REA line which the City purchased when this area was annexed. Mr. Searcy said that he didn't recall it being there then, but that he believes it has been moved to its present location. Mr. Guidry then explained that the City doesn't have another route to use now, but if Mr. Searcy could help acquire an easement, the possibility of servicing the area from Southwest Parkway could be explored. He also indicated there is no way to estimate a time lapse on this, and Mr. Searcy expressed his confidence that Mr. Guidry will do everything possible to help eliminate this worry. Mr. Upham brought up the subject of Home Occupations and discussion by al I Board Members followed concerning definitions, specific and general. Mrs. Kee told the Board that what she was after was direction from the Board concerning the I imit of traffic a home occupation could generate, and that the staff itself is working toward reviewing the current Zoning Ordinance, and this subject wi ll then be studied in depth. Mr. Lindsay requested a workshop with the City Attorney to cover obi igations and duties of this Board. Monday, December I, 1982 was chosen as the date to aim for. Mr. Upham requested the City Attorney be consulted about what can be done to change the requ i rement of separate paperwork for each day of a violation. Mr. MacGilvray announced that the first meeting of the Northgate Committee would be at 9:00 A.M. Thursday, November 4th . L.Uf'\ l"llllUl.t::::> • 11-2-82 page 5 Mrs. Donahue made a motion to adjourn. Mr. Wagner seconded. Motion carried unanimously . • APPROVED: Jack Upham, Acting Chairman ATTEST: Dian Jones, City Secretary • • V , I • AGENDA City of College Station, Texas Zoning Board of Adjustments November 2, 1982 7:00 P.M. 1. Approval of Minutes from October 19, 1982. 2. Reconsideration of a variance to Table A, Rear Setback "E" requirements of Ordinance 850, at a proposed Village Square Office Park located in a neighborhood commercial zoning district in Southwood Valley Sec. 5-A. Application is in the name of G. Philip Morley & William E. Loveless. 3. Reconsideration of a request for a variance of Section 8-D.3 Ordinance 850 pertaining to signs; the request is for additional sign(s) at each of 9 sorority houses in the Greek Village Subdivision. Application is in the name of the College Panhellenic Association of College Station. 4. Other business. 5. Adjourn. t MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: AGENDA ITEM NO. l: MINUTES City of College Sta tion Zoning Board of Adjustment October 19, 1982 7:00 P.M. Chairman Cook, Members MacGilvray, Wagner, Upham, Alternate Member Lindsay, Council Liaison Lynn Nemec Mary Kay Donahue Zoning Official Kee, Zoning Inspector Keigley, Director of Planning Mayo, Asst. Director of Planning Callaway, Planning Assistant Longley & Planning Technician Volk Approval of Minutes from September 21, 1982 meeting. Mr. Upham referred to the last paragraph of page 3 concerning Mrs. Cook 1 s statement concerning 11 a pizza restaurant had been opened in a building where the ZBA had at a previous meeting established hours during which a business could be in operation ... 11 and wanted to amend this statement to reflect that the ZBA had not established the hours, but rather that the applicant had informed the Board this restaurant would be in operation from 9 a.m. to 9 p.m., and the Board had included this in the approval of the variance requested. In other words, the applicant established his own hours and approval of the variance was given based on the specifics ·of his request, plus the one granted of parking. Mr. Wagner made a motion to accept the amendment to the minutes. Mr. Upham seconded. Motion carried unanimously. Mr. Upham then made a motion to approve the minutes with the addition of the above amendment; Mr. Wagner seconded. Motion carri ed unani mo usly. AGENDA ITEM NO. 2: Consideration of a request for a variance to Table A, Rear Set- back 11 E11 requirement of Ordinance 850, at a propos e d Village Squar e Office Park located in a neighborhood commercial zoning district in Southwood Valley Sec. 5-A. _Application is in the name of G. Philip Morley & William E. Loveless. Mr. Wagner asked to be excused from participation in this request; Mrs. Cook excused him from the Board at which time he took a seat in the audience. Mrs. Kee explained the request, and further explained that the Ordinance requirement of 10 ft. of required 15 ft. setback being clear had been researched, and it was discovered the purpose of this 10 ft. clear area had been established to guarantee that there would be clear space for emergency vehicles, and because there was more than enough clear area to meet that requirement in this setback, and becau se access was provided in the adjacent access right-of-way, staff had no problem with this requ es t. Philip Morley, a registered architect and developer of this proposed project was sworn in and informed the Board his group had me t with all City departments, and all had indi- cated they have no problem with this project or the encroachment for which this variance has been filed. Mr. Lindsay asked about access right-of-way being given by the owner, and Mr. Morley indicated that this had been granted. Mr. MacGilvray asked who would maintain this city-owned access area and Mr. Morley answered that the project owner would, and that he would be happy to put this in writing. Mr. MacGilvray further asked about the amount of setback and Mr. Morley said that in most cases there is 25-30 ft. betw ee n the rear of a building and the property line. Mr. Lindsay asked if ther e is a power line across the rear of this property lin e, and Mr. Morley answered that there , ZBA Minutes 10-19-82 page 2 will be, and that the power poles will be in the islands. Mr. Lindsay asked if the Fire Department had seen this plan and Mrs. Kee answered that the Fire Department has given their approval of the plan. John Lofgren, a neighbor of this project was sworn in and told the Board that this paving of this easement was creating a street. He quoted the Ordinance concerning location of parking and the setbacks required, then spoke at length concerning this 11 street 11 which he believes will be created. He also referred to the Ordinance which allows parking to be located within 200 feet of this property, and then offered the opinion that the whole project could be moved back which would allow parking in front of the buildings. Mr. MacGilvray asked how this right-of-way came about and who had approved it, and Mrs. Kee explained that this had been done in the platting process and had come before the P&Z. Mrs. Cook asked what the vote was when this plan was approved by P&Z and was told that it was 4-3 in favor. Jack Weitsman, a neighbor was sworn in, then showed a sketch concerning the drainage problem which could be created by the establishment of this drive and expressed his concern. Mr. MacGilvray asked if this was his sketch, and he said that it was, but that it was not drawn with exacting equipment. Mr. MacGilvray referred to a wall in the sketch and Mr. Weitsman replied that this was his interpretation of what would be done. Mr. MacGilvray asked Mr. Morley if he had done a crossection of the road, and Mr. Morley replied that he had not, but further said that the water would be carried on to Longmire Drive and handed out a topographical study which had been done by a profes- sional engineering firm. Small group discussion followed and Mrs. Cook then asked who would be responsible for maintenance of that drainage area during construction and after occupancy, and voiced concern about the debris which often accumulates from construction which could block drainage here. She wondered if perhaps the owners of the adjacent properties should be required to help with the maintenance of this area. Mr. Upham said that the City no longer accepts drainage easements, and that this one had been platted before the newer pol icy became effective. Mr. Weitsman reiterated that the road was being built for access to parking rather than maintenance, and asked what will happen in later years when this 11 road 11 crumbles and is repaired and debris accumulates. A head count for those in attendance who were in opposition to this variance request was taken, and results tallied 8 in opposition in the audience. Al Mayo, Director of Planning was sworn in and stated that he would like to answer some of the questions which had been raised. He addressed the drainage easement and said work currently was being done to prepare a master drainage plan and mainte- nance policy both for future areas and areas which have already been developed, and that this drive would be a public right-of-way which would give both access to this project and for maintenance vehicles working on the drainage area. The construction of this driveway and the maintenance agreement, as well as the impact on drainage will have to be cleared through the City Engineer 1 s office. The Fire Department has been consulted and has stated that it does not need the 10 ft. clear easement because this driveway will be there, and the Public Works Department will be provided with a paved surface to get to an area they must maintain and has stated they will be happy to see it. Paul Bec k ingham, a neighbor was sworn in and asked about the location of 3 of the buildings in regard to setback and said there was not a 25 ft. setback for them. Smal 1 ZBA Minutes -10-19-82 page 3 group discussion followed. Mrs. Cook called the meeting back to order and asked if the City is creating another 11 front 11 entrance with the use of this driveway. Mr. Mayo answered that the street address would be on the actual street in front of the project. Mr. Uph am asked if any buildings would be facing the drive in the rear, as well as some facing the street. Mr. Morley answered that some buildings would be facing the drainage ditch. Mr. MacGilvray said that in his opinion, Mr. Morley was trying to do the right thing and develop a nice project, and gave examples of ware house projects, the type of whic h this developer is trying to avoid, but that he also believes the City has missed an opportunity in the past to utilize this type of drainage area as a 11 people place.11 Mr. Lofgr en spoke again and said that as Mr. Mayo had pointed out, the City is being foresighted in not running this driveway through to Deacon Street, but he fears that this situation will be changed in the future, and that this drive would become a high traffic generator. He said that he thinks this is a good project which has been rea- sonable wel l thought out, but he still hopes a compromise can be reached, and further asked if speed bumps could be included in the driv e. Mrs. Cook remind ed him that this Board is not in a position to function as a Planning & Zoning Commission. Mr. Upham referred to this particular request for a particular variance, and reminded the Board that the request is for granting parking variance and the placement of a dumpster adjacent to the rear property line only, and then pointed out that because this project is for office space, it would generate less traffic than one for retail use. Mr. MacGilvray made a motion to deny a variance to the minimum setback (Table A) from the terms of this ordinance as it will be contrary to the public interest, due to the lack of special conditions of the land not nor mally found in li ke districts and because a strict enforcement of the provisions of the Ordinanc e would not result in unnecessar y hardship, and such that the spirit of this Ordin ace shall be observed and substantial justice done. This motion died for lack of second. Mr. Upham made a motion to authorize a varianc e to the m1n1mum setback (Table A, note E) from the terms of this ordinance as it will not be contrary to the public interest due to the following unique and special conditions of the land not normally found in like districts 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 following special conditions: That all debris from the original construction and future debris following opening must be pol iced by the owners and the road maintained to City Standards ~n perpetuity. Lindsay seconded the motion, then amended the motion to include restricting the access to the rear buildings to employees only. Mr. Lindsay then withdrew this amendment. Mr. MacGilvray stated that he believed this right-of-way should not be paved at all. Chairman called for voting. Motion to approve was defeated unani mously. Mr. Upham reiterated that only the variance which had been ~e quested had 1 been denied. AGENDA ITEM NO. 3: Consideration of a request for expansion of a non-conforming structure and also a request for varianc e to the rear setback requirements of Table A -Ordinance 850 at a residence at 203 Fairview Street. Application is in the name of Johnny A.Martinez. Mrs. Kee presented the request, referr ed to attachments in packets concerning this request and gave the history of this non-conforming structure. Sh e also reported that all but one of the adjacent property owners who had contacted here were against this project. Johnny Martinez, owner of the non-conforming residence was sworn in and explained the project. He said that he had made num erous cal ls to City Hall for a final inspection at the time the last remod el] ing had taken place, but that this inspection was never done. ZBA Minutes • 10-19-82 page 4 He said that he had gone through all the steps necessary for each inspection, and that his wife had called three times for this final inspection of the area to be inspected which was a porch which he had enclosed. He further stated that he specializes in three areas, namely electrical, plumbing (also air conditioning) and solar energy, so he had done this wiring himself, but had left out some accoustical ceiling so the electri- cal inspection could be done, and that tile is still missing. He said that he thinks that he should be able to enlarge his structure more than the 25 % allowable in the Zoning Ordinance because his house is so small compared to others which would be al lowed more square footage expansion at the 25 % rate. Mr. MacGilvray interrupted and asked what the nature of the non-conformity is, and was told that this is a duplex in a Single Family Residential zoning district. Mrs. Kee said that the original house had been a single family home, to which a bedroom and bathroom were added with rear access. In 1981 a covered porch was enclosed. Mrs. Cook asked if Mr. Cal ]away had been the Zoning Official at the time the porch was covered and he replied that he had been, also had visited the residence, and the enclosure of the porch would not have exceeded the 25 % maximum. Mr. Martinez answered Mr. Upham's question concerning the size of lot by saying his lot is 50xl25; then Upham asked for the size of neighbor's lot, to which Frank Coulter, after being sworn in answered that his lot is 94xl25. Mrs. Cook pointed out that single family residences can be expanded as much as anyone wanted, as long as setbacks are met, but pointed out that this is no longer a single family residence, but rather a non-conforming duplex in an R-1 zoning district. Mr. Martinez said that he was planning to give the residence to his daughter (who lives there now) and then it would be a single family residence. Mr. Upham referred to the original building permit dated in 1981 which requested repair, including enclosing an existing porch, but which also included a note stating that "no change in the floor plan as it existed prior to construction will be allowed by order of the Zoning Board of Adjustment -March 24, 1981 11 • He stated further that he did not know anything about a final inspection, but that he does know that the ruling indicated that there could be no change to the floor plan, but the actual cosntruction which took place did not comply with this directive. Mr. Martinez said that only screen doors were changed, and that City Hall has always had a negative attitude toward this piece of property. Mr. Wagner interrupted and said that what Mr. Martinez had begun to talk about had no bearing on this request, and that the Board wants to discuss the request. Mr.· Martinez hahded out revised drawings, and explained them, then Mr. Wagner asked the Chairman to excuse this witness, and the Chairman agreed and did so. Mrs. Kee then reviewed these revised pTaffs with the Board. The Chairman repeated the request before the Board, reiterated that the zoning in this district is R-l and the present structure is a non-conforming duplex, which would not now be allowed in this zoning district. She spoke of how the interior of this building had been designed prior to the 1981 request for variance, how it is now designed and states t~at this current request creates a new structure, not only creating a duplex (which is now there) but a tri-plex. Mr. Wagner agreed to her observations and then asked the applicant why the proposed addition is so far away from the existing structure. Mr. Martinez denied that plans would create a tri-plex and said the reason for the distance between the structures is that after this addi- tion is completed, he plans to tear down the existing original structure and build a 2 story residence. Elizabeth Martinez, daughter of the applicant was sworn in and stated that she had been at the last meeting during which the Board had discussed this building, and said that when her family purchased the residence, it was listed as a duplex, and that they now wanted to pull the kitchen out of the existing structure and make it larger. The Chairman again explained R-l zoning and how this duplex is now a non-conforming ZBA Minutes • 10-19-82 page 5 structure because of the adoption of the current Zoning Ordinance, and further explained the restrictions this building now falls under. Mr. Upham explained 11 grandfathering 11 and how, when the current use is over it will revert back to, or be replaced with a single family dwelling or a structure which conforms with the 1 Ordinance. Mr. Martinez asked if limiting the building to 2 bedrooms and a kitchen rather than 3 bedrooms and a kitchen would be of help. Mr. Upham said that he could only approve a structure which contained no kitchen or bath, and could not accommodate a separate family. Wayne Allen of Wharton, Texas was sworn in and said he opposed these variances because of par king and sewer capacities, and wondered if there were some way to go back in history and pinpoint when the nonconformity occurred in this R-1 district. He then voiced appreciation to the Board for their public service in serving on the Board and stated that he was a former resident of 302 Fairview, and that his daughter had resided there last summer. Frank Coulter (previously sworn in) spoke about the City having refused a permit to a former owner, and also to another resident on Montclair for an additional non-con- formity in this district. Mrs. Cook asked staff if long range plans for this area were for this area to be single family residential, and this was confirmed. Billie Hefti was sworn in and expressed concern for fires because of the age of the homes in the area. Mr. Martinez then asked to be given permission to build this new structure and to tear down the old structure later. Mr. Lindsay pointed out t~at the Board cannot legislate future use except through zoning restrictions. Mr. MacGilvray made a motion to deny the enlargement of a building devoted to a non-conforming use where such extension is not necessary and incid ental to the existing use and does increase the area of the building devoted to a non-conforming use more than 25 % and does prolong the life of the non-conforming use and prevent a return of such property to a conforming use. Mr. Upham seconded the motion to deny. Motion carried 11 s•r:1 i"'u 11lr ,~~t.J~ ~· . AGENDA ITEM NO. 4: Consideration of a request for a variance to the location of the required parking spaces at 321 University Drive (Northgate). Application is in the name of J. E. Robbins, Sr. dba Chari ie's Grocery. Mrs. Cook informed the Board and the public that the City Council had ruled sometime in September that no parking variances wou ld be granted for a period of 12 months in the Northgate area. She also said that she had spoken with the Mayor and the attend- ing Council Liaison (Nemec) prior to this meeting, to clarify the intent of the ruling. Then she advised that this matter should be given no consideration until this 12 month moratorium has exp ired. Mr. MacGilvray read from the minutes which were included in the packet, quoting Councilman Pat Boughton on this matter. Mr. Upham said this item had been placed on the agenda at the request of the applicant and city staff. Mrs. Kee explained that the staff knew that the moratorium affected the number of parking spaces, but was unsure whet her it also included the loc ation of spaces. AGENDA ITEM NO. 5: Consideration of a requ est for a variance to the rear setback requir ement s of Table A -Ordin a nce 850, at th e residence at 1026 Rose Circle. Appl i- cation is in the name of Sun Scree ns of Houston. ZBA Minutes 10-19-82 page 6 Mrs. Kee explained the request for variance to setback requirements, and advised the Board that the 10 ft. utility easement had been abandoned by action of City Council at their October 14th meeting just the previous week. Richard Nored of Sun Screens of Houston, applicant for variance was sworn in and answered questions of the Board and a photo of what was planned was passed arou nd . Mr. MacGilvray spoke of personal knowldege of this particular bac kya rd and wondered if he should vote on this matter, and further stated that in his opinion this proposed screening fence would not be detrimental. Mr. Lindsay asked if this man has the authority to represent the owners of this property, and was informed that he in fact, had applied for the variance. Mr. Lindsay made a motion to authorize a variance to the m1n1mum setback (Table A) from the terms of this ordinance as it will not be contrary to the public interest, due to the following unique and special conditions of the land not normally found in like districts: The use proposed will not significantly detract from the area, and because a strict enforcement of the provisions of the Ordinanci would. result in unnecessary hardship, and such that the spirit of this Ordinance shall be observed and substantial justice done, and with the following special exception: That this ~a r.sti_~is a proving ~ only the erection of a scr ~en enclosure within this setback I ine. -r~rv'r ' ~. '7">J ~~,,(, ~~~~~ . ,,,. AGENDA ITEM NO. 6: Consideration of a request for a variance of Section 8-D.3 Ordin ance 850 pertaining to signs; the request is for additional sign(s) at each of 9 sorority houses in the Greek Vil I age Subdivi s ion. Application is in the name of the Col lege Panh el lenic Association of College Station. Jean McDermott and Joy Howze we re sworn in and further explained their request for additional signs to be 11 information 11 type signs rather than identification signs. They said the signs would be 11 tasteful 11 and would be monitored by advisors. Mr. MacGilvray asked if the subdivision was really named 11 Greek Village 11 to which he was answered in the affirmative. Mrs. Cook pointed out that future expansion should probably be included in this request. Mrs. McDermott stated that only this land in 11 Greek Village 11 subdivision, which totalled 10 lots, was included in this request. Mr. Upham asked questions and referred to the discussion held earlier this summer con- cerning signs, then asked what type of sign, what size, how many days would be specified for the sign, etc. He received no concrete answer, so he then askeaTf the sororities were purposing that the Board give blanket approval for any size, type,duration,etc. to which Mrs. McDermott gave a general answer that they were requesting perhaps one extra sign per lot of an uncertain size, with perhaps a time limit of one week for each time the sign was put out. Mr. Upham then expressed his wish that they co me back before the Board with a proposal the Board could deal with. Mrs. McDermott said that this was a unique dormitory area and they really did not know exactly what to request, and would generally like to see a 11 lessening of restrictions 11 to show support for one of the largest industries in the City (that of the University). Mr. MacGilvray read fro m the Zoning Ordinance the size of some signs al lowed in certain zoning districts, and Mrs. Cook stated that she thought perhaps generalities could be in the proposal. Mrs. Kee said that if a variance was not somewhat specific, enforcement by the staff would be a problem. Mr. Lindsay said the sign regulations are listed in the Zoning Ordinance and advised the witnesses they should sit down with the staff and work out some specifics the Board could deal with. Santos Ramirez of 1000 Dominik was sworn in and stated that he thinks the Board should give specific rules to be followed by sororities. Tim Coppinger, 1003 Domini k was sworn in and stated that in his opinion, a blan ke t type variance would be a mistake. ZBA Minutes 10-19-82 page 7 Mr. MacGilvray made a motion to table this agenda item until such time the applicant of the request can present a proposal the Board can deal with. Mr. Wagner seconded the motion. Motion to table carried unanimously. AGENDA ITEM NO. 7: Other business. Mr. Upham referred to the Committee studying the Northgate area and stated that to his knowl~dge this committee has not yet met, and reminded Mr. MacGilvray & Mrs. Cook, who are both serving on this committee that time is passing quickly, and something needs to be done. He referred to an article which he passed around to be referred to when making plans. Mrs. Cook asked if anyone had been appointed Chairman of this committee, and Mr. MacGilvray stated that he had not been apprised of one. Lynn Nemec said she would check on this with the Mayor's secretary. Mrs. Kee indicated the definitions of home occupations, and excerpts from Zoning Ordinances from other cities had been handed out to the Board for study, and suggested that due to the lateness of the hour, this be put off until the next Board meeting. She then referred to the City Attorney's memo which had been handed out concerning the variance the Board had granted to the D.R.Cain setback encroachment. Mrs. Cook wondered if there were no automatic penalties for this type of encroachment and Mr. MacGilVray read the last part of the letter aloud. Mrs. Kee explained the procedure to be followed if a violation is found. Mr. Upham said that he believed that a fine of perhaps 30 % of the value of the structure should be imposed. Mr. Callaway explained that the $200 per day fine for a violation was established by state law. Mrs. Kee explained why Mr. Guidry and Mr. Searcy had not been 1 invited to attend this meet- ing to discuss the utility 1 ine running across Mr. Searcy's property. She was directed to invite them and the City Attorney to the next meeting of the Board. Mrs. Kee also informed the Board that the next meeting date will have to be changed because the City Council has rescheduled their meeting for that night. (November 30th was chosen by the Board for the next meeting). Mr. Wagner made a motion to adjourn. Mr. Upham secorided. Motion carried unanimously. APPROVED: Vi Cook, Chairman . ATTEST: Dian Jones, City Secretary City of College Station POST OFFICE BOX 9960 11 01 TEXAS AVENU E COLLEGE STATION, TEXAS 77840 October 25, 1982 MEMORANDUM TO: Zoning Board of Adjustment FROM: Jane R. Kee, Zoning Official SUBJECT: Agenda Items -ZBA Meeting November 2' 1982 AGENDA ITEM NO. 2 -RECONSIDERATION OF VARIANCE TO REAR SETBACK 11 E11 REQUIRE- MENTS OF TABLE A -ORDINANCE 850 -Phil Morley The staff is requesting the Board to reconsider the variance request made by Philip Morley at the last meeting. The staff supports this variance request as there is adequate access to the rear of this project because of the adja- cent right-of-way . Therefore, there is no need for the ten feet of clear area in the rear setback. The minutes of of the P&Z meeting at which the site plan was considered are included in your packets also. AGENDA ITEM NO. 3 -VARIANCE TO NUMBER OF ALLOWED SIGNS -SECTION 8-D.3 of ORD. 850 -College Panhellenic Assn. of College Station. This request was tabled at the last meeting. Information concern i ng the requested sign variance will be presented at the meeting. sjv . •, ZONING BOARD OF ADJUSTMENT FILE NO. Name of Applicant G. PHILIP IYlORLEY & IAJILLIAIYI E. LOVELESS ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Mailing Address 1701 SOUTHWEST PARKWAY, SUITE 109, COLLEGE STATION ~~~~~~~~~~~~~~~~~~~~~.;._~~~~~~~~ SiSXSi~S 693-9925 Location: Lots 113-120Block 9 Subdivision SWV SEC. 5-A --- Action requested: GRA NT VARIANCE TO ORDINANCE REQUIREIYIENT FOR 10 • CLEAR AREA WITH NO PARKING AT REAR OF SITE. N~1E ADDRESS (From current tax rolls, College Station Tax Assessor) SE£ ATTACHED LIST . ZONING BOARD OF ADJUSTMENT FILE NO. ---- Present zonin~ of land in question C-N ----~---------------- Section of ordinance from which variance is sought DISTRICT USE SCHEDULE, TABLE A, REAR SETBACK 'E' The following · specific v<.>.riation from the ordinance is requested: ------- TO GRANT PARKING AND PLACEMENT OF DUMPSTER ADJACENT TO REAR PROPERTY LI NE This variance is necessary due to the following unique and special conditions of the land not found in like districts: THE SITE IS PLATTED IN 50' LOTS, NECESSITATING A STRIP CENTER APPROACH OR A PARK SITUATION AS WE ARE PROPOSING, UTILITIZING THE ENTIRE SITE. CITY OFFICIALS INDICATE THE 10' CLEARANCE REQUmREIYlENT WAS TO PROVIDE .. ~.:....;, ACCESS TO THE REAR OF A STRIP CENTER OR OTHER COMMERCIAL USE OF A- C-N ZONE. DIRECTLY BEHIND THm SITE IS A 70' ACCESS & UTILITY ROW The following alternatives to the requested variance are possible: ------- A VARIETY OF SITE PLANS WERE STUDIED PRIOR TO THE SELECTION OF THIS ONE, AND THIS WAS THE ONLY ONE THAT ALLOWED THE SQUARE FOOTAGE REQUIRED TO MAKE THIS PROJECT WORK, SINCE THE LAND ALONE IS MORE THAN 100,000 DOLLARS AN ACRE. OUR ALTERNATIVES ARE TO REDUCE THE SQUARE FOOTAGE OR GO TO TWO STORIES OR ABANDON THE PROJECT, ALL This variance will not be contrary to the public interest by virtue of the following fact~: ACCESS IS NOT IMPEDED BUT IN FACT CONSIDERABLY IIYIPROVED BY OUR DESIGN. IN ADDITION, DUE TO THE EXTREMELY CLEAN USE OF THE SITE FOR OFFICE SPACE, A LOSS OF 10' OF BUFFER IS INSIGNIFICANT WHEN THERE IS ALREADY 70' BETWEEN PROPERTY LINES. The fac~s stated by me in this application are true and correct. //'/-: 1/1 1 (/ / 'V.. , .. · ///.:. .,n \ />>1 4 ! /J_,; « /~f [/,I t// K,,t:'A.-/_--- App '.licant / Blk 9 Lot 94 southwood Valley 5-A Robert Sta1cup 2735 Sandy Circle Co1le ge Station, Texas 77 840 Blk 9 Lot 95 Southwood Va 11 ey 5-A Joseph A. Patter son 2731 Sandy Circle College Stat ion, Texas 77 840 Blk 9 Lot 96 Southwood Val1ey 5-A Da vid A. Brooks 2727 Sandy Circle Colle ge Station, Te xas 77 840 Blk 9 Lot 97 Southwood Va 11 ey 5-A Lonnie L. Jones 2723 Sandy Circle College Station, Texas 77 8!',0 Blk 9 Lot 98 Southwo od Valley 5-A Gordon P. Ho pki ns et ux 2719 Sandy Circle College Sta t ion, Texas 77 340 Blk 9 Lot 99 Southwood Valley 5-A Kenneth W. Durh am 3531 Hawthorne Dr i ve (2715 Sandy Circ le) Dover, Del . 1990 1 Blk 9 Lot 100 South wood Valley 5-A Wayne M Ahr 2711 Sandy Circle College Sta tion, Texas 77 84 0 Blk 9 Lot 101 Southwood Valley 5-A tesareo A. Domin quez 2707 Sandy Circle Colle ge Station, Texas 77 84 0 Blk 9 Lot 102 Southwood Val ley 5-A Daniel Neil McQuay 2703 Sandy Circl e College Sta t ion , Texas 77 340 Blk 9 Lot 103 Southwood Valley 5-A James F. McNamara 2700 Sandy Circle Colle ge Sta tion, Texa s 77 84 0 Bl k 9 Lot 104 So uth1t1 ood V.t l 1 nv r)-f\ Jesus H. Hi ndjo sa et ux 2704 Sandy Ci r cle Co ll e ')e St a t io n, T (';.'.(\'. n:~!J_f ) Blk 9 Lot 105 Southwood Valley 5-A Yechiel Weitsman 270 8 Sandy Circle College Station , Texas 77 84 0 Blk 9 Lot 106 Southwood Valley 5-a Gerald G. Waaner 2712 Sandy eircle College Statio n, Texas 77840 Blk 9 Lot 107 Sou thwood Valley 5-A Donald W. Bug h et ux 2716 Sandy Ci rc le Col!ege Station, Texas 77840 Blk 9 Lot 108 Southwood Valley 5-A Paul d . Beckingha m 2720 Sandy Cir c l e Co!lege Statio n, Texas 77840 Blk 9 Lot 109 Sou t hwoo d Valley 5-A Jon [. Po rt er 2724 Sandy Circle Coi 1 c g e St ation , Texas 77 840 Blk 9 Lot 110 Southwood Valley 5-A J ohn C. Loforen 2723 San dy Circl e College Station, Texas 77 840 Blk 9 Lot 111 Southv!ood Valley 5-A Mar vi n C. Miller et ux 2732 Sandy Circle Co l lege Station, Texas 77 840 Blk 9 Lot 112 Sout~wood Valley #58 Blk 16, Lots 1,2,3,4,5 SWV #3 Rhea D1t1ayne 2751 Lon gm ire Co l lege Stati on, Texa s 77840 Blk 16 Lot 24 Southwood Valley #3 Peopertree ~pts, Ltd. Don R. Tu r linqton and Assoc ia tes, I nc. 3000 Par k Hill Dr. Fort !·!orth , Tx . 7610 9 Bldg . D Uni t 28 Woods man Condos Hen ry C. Orte 9a 2800 Lon gm:re #28 Co l leqe Station , Texas 77840 Bld g . D ~n i t 2S Wo ods man Con do s '~ay11 1 o nd T . Srni th 2800 ~on g~ir e #29 Co .l ege Stat io n , Texas 77 340 Bldg. D Unit 30 ~ioods111an Condos Harold M. Tann e r 2800 Longmire #30 Colle ge Station, Texas 77 840 Bld g . E Unit 31 Woodsman Condos Lel and A. Seidl 2800 Longmire #3 1 College Station, Texas 77840 Bld g . E Unit 32 Woodsman Condos J ames e. Patterson 2800 Long mire #32 College Stat i on, Texa s 77 840 Blk 23 Lot 55 Southwood Valley 7-A Southwood Valley, Inc. P.O. Drawer AF Col lege Station, Texas 77840 lR Dragon's Nest Edwards, R. Wayn e 2801 Longmi r e Dr. Colle ge Sta tio n , Texas 77840 2R Dr agon's Nest George E. Echerd 2801; Longrni re Col 'lege Station, Texas 77 840 Bldg . E Unit 33 Woodsma n Condos Cha 1·les L. Ada111 s · 28 00 Longmi r e ~J '!i'-' College Sta tion, Tex as 77 840 C i ty of C olle g e S tation POST OFFICE BOX 9960 11 0 1 TEXAS AVENUE COLLEGE STATION, TEXAS 77840 October 28, 1982 MEMORANDUM TO: Zoning Board of Adjustment Al Mayo, Di rector of Planning ~ FROM: SUBJECT: Variance request, Village Square Office Park I have met with Mr. Lofgren, the neighborhood spokesman from Sandy Circle . I have recommended to him that the proper and legal course of action that he should follow is to request that the City Council consider the site plan approval on appeal from the Planning and Zoning Commission. The questions raised by the area residents concerning orientation of front entrances, flooding, vehicular lights, aesthetics, etc. were discussed by the P&Z at the site plan review. If the area residents still have problems with these subjects they should appeal to the Council. The Zoning Board is not the place for the appeal, since the Board is only reviewing the variance request that the ten feet in the rear be obstructed. You have a memo from the Fire Marshall clearly stating that the ten feet is totally unnecessary in this case. I have also checked with the other City departments. No one has expressed any need for this requirement. To not allow Mr. Morley to utilize the access right-of-way, which was platted before any of the Sandy Circle residents purchased houses there, would be placing an unnecessary hardship on him. The staff has given this request very serious and careful consideration, and we have not been able to find even one reason not to grant the va·riance. We would strongly urge and re- commend that the----SOard grant the requested variance, and let the City Council hear the site plan appeal if they so desire. AM/sjv City of Colle g e Station POST OFFICE BOX 9960 I I 0 I TEXAS AVENUE COLLEGE STATION. TEXAS 77840 October 28, 1982 MEMORANDUM TO: Zoning Board of Adjustment FROM: Harry Davis, Fire Marshall SUBJECT: Variance request, Village Square Office Park I have reviewed the request by Mr. Philip Morley to grant a variance to the Zoning Ordinance requirement that ten feet of the rear setback 11 must remain unobstructed by above ground utility installations, street areas, fences, storage or parking 11 • I understand that the only reason for this requirement is to insure that an open rear access area be maintained. According to the existing plat and approved site plan, better access is being provided by and for this project in the access right-of-way. There is, then, no need whatsoever for the re- quirement of the ten foot clear area; therefore, I would recommend approval of the variance request. ~outbltloob V allep, inc. R eside ntial S ubdivisions Planning Department The Future o f College Station ••• October 25, 1982 City of College Station College Station, Texas 77840 Dear Mr. Mayo : Comme rc ial Prope rties In order to resolve some questions regarding the development of Lots 112 to 120, in Southwood Valley, Section 5-A, which is zoned neighborhood commercial, I would like to review the intent of the plat even though it ma y not be clear from the plat itself what this intent was. 1. Rear Access Easement. The 70 foot access and drainage easement across the rear or southwest side of this strip of lots was intended to be 40 foot for drainage and 30 foot for access easement. This came about as a result of a ruling that at one time was in fact e xec uted b y the Planning Department that commercial lots similar to those discussed here should have access across the back of the lots for garbage and emergency vehicle use. Developers would not be required to plat and build alleys but were required to provide access easements across the back of the lots. In -e-~~-ha~~ persons building on the lots would be assured of continuity of access throughout the tract, the access easement would enable future developers to provide rear parking for employe es and others, and I am in full agreeme nt with the use of the property as proposed by Phil Morley and Bill Loveless. 2. Front Setb a ck Limitations. Regarding the front setback limitations and side set back limitations, the parking and access easement across the front of the lots in question was placed there to insure a continuity of the parking area across the lots so as to avoid a curb cut at every lot. Unfortunately the development of Ray's Country Store did not c onform to the intent of the s e t back which was drawn in error as a straight line instead of a curve parallel to Lon gmire Drive. Mr . Morley and Mr. Loveless, ·-developers of Village Square Office Park, are in full compliance with the intent of the plat and I hereb y agree and request tha t the parking ac cess easement be r e defined as being the front 25 feet a lon g Longmire Drive 21 OS S o u t /1wood Driv e, Post Office Box AF, College Station, T exas 7784 0 T elephone 713-693-9110 Planning Department Page Two October 25, 1982 and further that the 15 foot side building line adjacent to the drainage and utility right-of-way can be eliminated or reduced to the 7.5 foot City requirement. WDF/pz ZONING BOARD OF ADJUSTNENT FILE NO. ---- Name of Applicant C olle.ise P a nhe l l en ic Assn . of Col l ege S t'.3. ti on Mailing Address ___ P_._o_. __ o_x __ 1 _2 _2_1~,_C_o _l_l_e_~~e-~_J _t_~_t_i_·o~n-=-'---"T_e_x~a...:...;.:.s_~7~7_8~4~0 ____ _ Phone 693 -388 7 (Pennv Di tt on , Panhel . Adv i se r) Lot 1 Tra ct 1 Rich ard Cart er Addition Location: Lo t3 1 -4 Block --Subdivision Greek Villa g e 1 Lot s 1-6 Block 1 Subdivis io n Greek Village 2 Description, If applicable ---------------------------~ ~reek · illa ~e Subd i v i s ion consi st i nz of e i ~ht s orority houses co mp l eted , the n i nth to be bu ilt bv 1 984 .. Action requested: ·rhat a dd i tional s i q:n ( s ) be '.3.llo wed for ea c h res id enc e wh ic h wo u l d s u pp or t functions i n which the student re s idents are invo l v e d . NAME ADDRESS (From current tax rolls, College Station Tax Ass e ssor) ~ ZONING BOARD OF ADJUSTM ENT FILE NO. Present zoning of land in question __ R_-_6 __ ~--~~---~· Section of ordinance from which variance is sought __ S_e_c_t -'-._R_--"'D-'-._3.__ _______ _ The following specific ve.riation from the ordinance is requested: Th at add i tion8.l s i qn (s ) per residence be allowed wh i ch wou l d supp ort functions i n which the student residents are inv o l ved (ex .: Rush We e k , football ~ames , c harity drives , communit y serv ic e projects , Parents ¥eekend ... ). This variance is necessary due to the follo~ing unique and special conditions of the land not found in like districts: Thi s area o f student boardin2: houses , each wi th close a l umn i superv i sion and r es i dent a dv i ser (hou se rnother), is verv 1mlike i n a npea rance and purpose the a pa rt men t com p l exes tha or d inance W S,. w a~ ori ~i nal l y written to cover , The following alternatives to the requested variance are possible~ _{n ot ::rnnl t...c.ab l e) This variance will not be contrary to the public interest by virtue of the following f~ct~: The n i ne lo ts (8 h ou ses c amnl e ted hoJJSJiri~ j ust over 350 eo ll ee;c women and one to be comp l eted in '8 3 or '84 ) are all to g eth er and e i t h er f ace each other (7 ) or (2 ) f ace condom i n i ums nrimarilv hous i ng students . The facts stated by me in this application ar e true and correct. Bldg. A, Unit 1 Sutter's Mill Bldg. A, Unit 3 Sutter's Mi 11 Bldg. A, Unit 4 Sutter 1 s Mill Bldg. F, Unit 25 Sutter's Mill Bldg. F, Unit 28 Sutter 1 s Mill Bldg. G, Unit 33 Sutter 1 s Mill Bldg. G, Unit 34 Sutter's Mill Stanford Assn. P. 0. Box 4106 Bryan, Tx. 77801 Bldg. A, Unit 2 Sutter's Mill King, Ben R. Etux 1500 Olympia Way, No. 2 College Station, Tx. 77840 Bldg. A, Unit 5 Sutter's Mill Buncher, James, Mary, and 7102 Spanky Branch Dr. Dallas, Tx. 75248 Bldg. B, Unit 6 Sutter's Mill Lippman, L. F. 1500 Olympia Way, No. 6 College Station, Tx. 77840 Bldg. B, Unit 7 Sutter's Mill Livingston, Joel E. 1500 Olympia, No. 7 College Station, Tx. 77840 Bldg. 8, Unit 8 Sutter's Mill Homeyer, Howard C. 1500 Olympia, No. 8 College Station, Tx. 77840 Bldg. B, Unit 9 Sutter's Mill uwayne, Scott A. ·p. 0. Box 4106 Bryan, Tx. 77801 Bldg. C, Unit 10 Sutter's Mill Columbia Properties P. 0. Box 4106 Bryan, Tx. 77801 Bldg. C, Unit 11 Sutter's Mill Glassell, Alfred C. Jr. 1500 Olympia Way, Unit 11 College Station, Tx. 77840 Bldg. E, Unit 18 Sutter's Mill Bldg. C, Unit 12 Sutter 1 s Mill 303 Anderson Company 3833 Texas Ave. Ste. 400 Bryan, Tx. 77801 8ldg. C, Unit 13 Sutter's Mil I Marino, John C. 14703 Broadgreen Houston, Tx. 77079 Bldg. D, Unit 14 Sutter 1 s Mi 11 L. F. Lippman Trust 1500 Olympia Unit 14 College Station, Tx. 77840 Bldg. u, Unit 15 Sutter's Mill Harris, Roy H.D. 1500 Oly~pia Unit 15 College Station, Tx. 77840 8ldg. D, Unit 16 Sutter 1 s Mill Stein, Hugo H. 1500 Olympia Unit 16 College Station, Tx. /7840 Bldg. u, Unit 17 Sutter's Mill Littman, Charles and Margi 3833 Texas Ave. Ste B Bryan, Tx. 77801 8ldg. E, Unit l~ Sutter's Mil I Ralph, Merry D, Barbara C 1500 Olympia Unit 19-E College Station, Tx. 77840 Bldg. E, Unit 20 Sutter's Mill Trimble, James W. 1500 Olympia Unit 20 College Station, Tx. 77840 Bldg. E, Unit 21 Sutter's Miil Chapparel Minerals 1701 SW Parkway College Station, Tx. 77840 Bldg. E, Unit 22 Sutter's Mill Green, uulcie K. 1500 Olympia Unit 22 College Station, Tx. 77840 Bldg. E, Unit 23 Sutter's mill Zingiry, Wilbur L. 1310 Augustine Ct, College Station, Tx. 77840 Bldg. F, Unit 24 Sutter's Mill Nicholls, Bonnie C. 1500 Olympia Unit 24 College Station, Tx. 77840 Bldg. F, Unit 26 Sutter's Mill Judge, L. Keith Etux 1500 Olympia Way, No. 26 College Station, Tx. 77840 Bldg. F, Unit 27 Sutter's Mil I Schwarz Investment Co. 1500 Olympia Unit 27 College Station, Tx. 77840 Bldg. G, Unit 29 Sutter's Mill Rinker, Raymond D. Jr. 1221 Wright Dr. Nacogdoches, Tx. 75961 Bldg. G, Unit 30 Sutter's Mill 1500 Olympia Unit 30 College Station, Tx. 77840 Abernathy, James M. Bldg. G, Unit 31 Sutter's Mill Hope, Henry W. 406 Regentwood Houston, Tx. Bldg. G, Unit 32 Sutterts Mill Bishop, George H. 11999 Katy Frwy, Ste-450 Houston, Tx. 77079 Hldg. G, Unit 35 Sutter's Mil I Grinstead, Mildred H. 1500 Olympia Way, Unit 35 College Station, Tx. 77840 Lot 66 C. H. Woodlands Manning, Kirwin A. Etux 1217 Marstellar St. College Station, Texas 77840 Lot 67 c. H. Woodlands Sutherland, J. P. S. 1220 Munson College Station, Texas 77840 Lot 86&87 C. H. Woodlands Trost, Frederick J. .1206 Ashburn Ave. E. College Station, Texas 77840 Lot 88 C. H. Woodlands Thurmand, Frank J. 3501 Pkwy Terrace Bryan, Texas 77801 Lot 89 C. H. Woodlands Ha 11, Wm S. 804 Gilchrist St. College Station, Texas 77840 Lot pt 90, pt 91 C. H. Woodlands Darnell, Rezneat M. 900 Gilchrist College Station, Texas 77840 Lot pt 90 C. H. Woodlands Gladden, James K. 806 Gilchrist College Station, Texas 77840 Lt. pt 91, pt 92 C. H. Woodlands Cox, Eleanor R. 906 Gilchrist College Station, Texas 77840 Blk. Lt. pt 92, 93 C. H. Woodlands Darron, M. D. Mrs. 910 Gilchrist College Station, Texas 77840 Blk 5, Lt. 20 University Oaks Jarmek, Mary Anne 1728 Lake Shore Dr. Ft. Worth, Texas 76103 Blk 5, Lot 21 University Oaks Junek, Clifton J. 2913 Broadmoor Bryan, Texas 77801 Blk 5, Lot 22 University Oaks Strawser, Robert H. 919 Park Lane Bryan, Texas 77801 Btk 5, Lot 23 University Oaks Ruch, Carlton E. 4304 Maywood Bryan, Texis 77801 Blk 5 Lot 24 University Oaks A 11 en, John t~. 1406 Post Oak Circle College Station, Texas 77840 Blk 5, Lot 25 University Oaks Cl ark, Roger 829 Dominik College Station, Texas 77840 Lt 16-1 Woodland Estates Almanza, Jesse 1001 Dominik Dr. College Station, Texas 77840 Lt 15-2 Woodland Estates Coppinger, John T. 1003 lJominik College Station, Texas 77840 Blk 13, Lot 6 Carter's Grove James , \I/es l ey P. 754 S. Rosemary Bryan, Texas 77801 Blk 13, Lot 7 Carter's Grove Johnson, Jerral D. 1002 Dominik Dr. College Station, Texas 77840 • Blk 13, Lot 8 Carter's Grove Ramirez, Santos A. 1000 Dominik Dr . College Station, Texas 77840 Blk 3 Timber Ridge Blk 2, Lts 1,2,3,4 Timber Ridge Blk 1, Lts 21,22,23,24 Timber Ridge Mayfield, John C. Jr. 1700 Puryear #170 College Station, Texas 77840 Blk 2, Lts 21,22,23,24 Timber Ridge Timber Ridge Venture 1700 Puryear #170 College Station, Texas 77840 Blk 4, Pt Reserve Tr. 6.82 University Oaks Cripple Creek Partners Ltd. Property Tax Service Co. 510 Colonial Savings Towe Houston, Te xas 77036 Blk 4, Pt of Reserve Tr. C University Oaks Ryan Interest Inc. Property Tax Service Co. 510 Colonial Savings Towe Houston, Texas 77036 Blk 4, Pt of Reserve Tr. 1.00. University Oaks French's School Inc. P.O. Box 4404 Bryan, Texas 77801 Sec. 2, Bk-2, Pt of R Greek Village ·Martel, Robert u. P.O. Bo x 4106 Bryan, Texas 77801 Blk 13, Lot 13 ~A Carter's Grove T. J. Kozik 1010 Dominik Dr. College Station, Texas 77840 • Coll e~e Panhel l en ic of Co lle ~e Stat io n re ~u e sts a varience to the si ~n or d inan c e wh ic h will p erta i n to S ree k V illa ~e Sub - d i visi on . :K e ·1ue st ed: One (1) si ~n pe r lo t in addi ti on to permanent i den ti - f ication , e i the r atta c hed or d etache d , n o l ar ~e r than 1 00 s~. ft ., ·+t> to be l o cat ed i n the f ro nt y ard n o clo ser t han 25 ft . ~ the c ur b (and n o th i n ~ within the s i te d i stance triang le o n co rne r lo ts), a d etac hed s i ~n n o t t o ex c eed 1 0 f t . i n hei <?.:ht ?~ an atta c hed s i g n n ot i s t o have S i g ns d i sp layed on l y f or a rea s o nab l e l e n g th o f ti me to cover an event .. ..a-R4--w±l l no L re 1 uh e i nd i v i dua l nermit.s...._ October 2 5 , 1 98 2 r ( ( Jtes ,l_ pa~ 2 Greg Heff of the Travis House Apartments then spoke and asked what this was all about, that he was completely in the dark, but was present because he had been informed by a note on his desk that some kind of project was planned adjacent to the apartment complex he was connected with, and that he was opposed to any more apartments being developed in that area. Mr. Behling explained just what could be developed if this rezoning request were approved. No one else spoke and the public hearing was closed. Mr. Miller said that any development on Highway 30 would contribute to the already heavy traffic. Mr. Hill said that he had difficulty with the staff's recommendation that the Comprehensive Plan be followed in this particular instance when there really is no problem for this type of development at this location. Bailey said that although this tract is zoned R-6, the recommendation is for medium density development, and R-6 zoning came about as a result of changing R-3 to R-6 when the Zoning Ordinance was changed. Bailey made a motion to approve the request with Hill seconding. Motion to rezone this tract carried unanimously. (7-0) AGENDA ITEM NO. 4: 82-808: A public hearing on the question of granting project plan approval for establishing an Office Park in a Neighborhood Commercial zoning district located on Lots 113-120, Block 9, Southwood Valley Section 5-A. Application is in the name of G. Philip Morley. Mr.Callaway explained the requested project and pointed out that the only difficulty was that the Ordinance requires a 15 foot setback with 10 feet of this free of any obstructions, including parking. This plan does not provide for this, therefore it would have to go before the ZBA for a variance before the project could be built. Kelly asked about the lcoation of the fire hydrant and Bailey pointed it out on the plan. Callaway pointed out that any drainage problems on site will have to be handled by the City Engineer. The public hearing was opened. Mr. Morley spoke as a co-developer of the project and read a prepared statement concerning the proposed project. He then handed out renderings showing the type of building proposed and said that he had met with area residents several times to keep them abreast on the proposed plans. He also handed out a topographical study which showed drainage plans. Mr. Kelly asked about the drainage flow and Mr. Morley explained. Mr. Hill referred to the letter which 1 ists the proposed uses in the project and asked to what extent the City can bind the owner to this 1 ist. Mr. Callaway explained that the 1 ist of uses and the statement can be used as part of the project plan and can be referred to at the time of issuance of building permits. Morley explained that this list includes traditional office space usage and Miller. informed him that the City can 1 imit him to a particular rather than a general or 11 traditional 11 use. The term 11 financial institutions 11 was discussed and Behling expressed his opinion that 11 financial institutions 11 would include every type of fina 11cial office except 11 banks 11 and 11 savings & loan associations.11 Hill said he believed 11 professional office space 11 was too wide a category and left too much to the discretion of the staff. Fleming said that the term 11 professional 11 meant to make money. Miller asked why elm trees were proposed and Morley answered that the landscaping plan indicated the level of landscaping proposed. Opponents were called and John Loforen, an adjacent resident to the proposed project came forward as a representative of a group of residents. He informed the Commission that basically his group favors this kind of development but was concerned with several things, primarily the problem of potential flooding and additional noise and lights in the neighborhood. ( ces J Don Bugh, another resident showed slides of flooding which has occurred in the past in the southern part of College Station, but the slides were not of the particular creek this specific project would directly affect, but rather of the larger creek downstream. Mr. Loforen spoke again stating this group believes the requested 39 foot variance is more than should be granted (referring to rear setback requirement of 10 feet of clear space). Commission asked him who did the topo studies, and Mr. Morley replied that Meyer, Lytton & Allen, Registered Engineers had done the study. Jack Weitsman, Professor of Civil Engineering and a Registered Professional Engineer in the State of Texas came forward and indicated that he was concerned with the elevated road and the accelerated flow of water which could cause the beginning of erosion, the pattern of which is unpredictable in this type of soil. Kelly expressed knowledge of and concern with flooding and erosion; Miller asked about the velocity of water where it would hit the wall and the soil, then expressed his opinion. Morley presented aerial photos of the site in question to the Commission. Gale Wagner, a resident of the neighborhood addressed the Commission and said he was a proponent of this proposed project and asked the Commission to consider attaching a Rider to this project which would make it necessary to have any use of this project be permitted, and then any tenant would have to be permitted individually. He said the next best thing would be a restricted, approved list of uses. Mr. Loforen spoke again stating that this was the best use of this property, but expressed concern that the driveway behind the project would become another street which would become dangerous and noisey. Mr. Behling said that a 611 raised curb r across the end of this drive would help solve the problem, but' Mr. Callaway pointed out that this is a City easement and is used by maintenance and utility vehicles and a curb would preclude their access from the street. ( Jesus H. Hindjosa of 2704 Sandy Circle spoke and expressed concern about the drainage and the driveway. The public hearing was closed. Discussion followed concerning drainage and specific or general uses for the buildings in the project. Commission discussed a list of specific approved uses for the project as opposed to having each use of a building in the project come back before P&Z for approval each time there was a change in tenants. Mr. Hill read a list of uses taken from the list of approved uses in an A-P zone which he believed would be appropriate uses to approve in this type of project at this location, and this list was incorporated into the motion which follows: Mr. Bailey made the following motion: (l) To grant project plan approval, (2) To exclude those uses normally found permitted in a C-N zoned district, (3) To limit the approved uses for this specific project to those listed under District A-P zoning, but excluding business, music, dance or commercial schools, financial insti- tutions of the bank/savings & loan variety (allowing other financial institutions), photographer's studios, public parking lots for operating vehicles and other personal service shops (which would include beauty shops, barber shops, shoe shops, and others of this nature), (4)To approve this site plan with the deletion of the northern-most curb cut, changing the word 11 elm 11 to "native trees" on the landscaping plans, and recommending to the City staff that a 611 raised curb at the end of the easement be installed (with final approval of this given to the City engineering and public works departments). Mr. Miller seconded the motion. Motion carried 4-3 with Kelly, Fleming and Hall opposing. ZONING BOARD OF ADJUSTMENT FORMAT FOR MOTIONS yard (6-G) ------- lot width (Table A) ------- lot depth (Table A) ------- sign regulations (Section 8) ------- __ .... / ____ minimum setback (Table A) ~ _;Z/~ ~,<-£-----..., parking requirements (Section 7) ------~ from the terms of this ordinanc,.s;-~:=1..J.....i~ interest, due to the (lack of, followin land not normally found in 1 ike districts: will) be contrary to th e public and special conditions of the 1.~f2:::----~~~~:::::::....,.L2._:_~~~'.'....._K~~~A~ 2.-#:JH~~~-___,,L._____:::_.:___ ___ ..::::....:::..:::::::=::~::::::.._\ 3. 7. _________ ___..,..~---------------------- 4. 8. strict enforcement of the provisions of the Ordinance and because a ~would not) result in unnecessary hardship, and such that the spirit of this Ordinance sha 11 be observed and @:anti a I ! us ti ce done\ ...gA±ytrlrt-h@ f e 1..:WW:Lup pee I al crn 1d i t i ?As : I-u r-~ ~ ~ ..s 1. 4. ,4e?-~~ 2. 5. 3. 6. AGENDA City of College Station, Texas Zoning Board of Adjustments November 2, 1982 7:00 P.M. 1. Approval of Minutes from October 19, 1982. 2. Reconsideration of a variance to Table A, Rear Setback 11 E11 requirements of Ordinance 850, at a proposed Village Square Office Park located in a neighborhood commercial zoning district in Southwood Valley Sec. 5-A. Application is in the name of G. Philip Morley & William E. Loveless. 3 . Reconsideration of a request for a variance of Section 8-D.3 Ordinance 850 pertaining to signs; the request is for additional sign(s) at each of 9 sorority houses in the Greek Village Subdivision. Application is in the name of the College Panhellenic Association of College Station. 4. Other business. 5. Adjourn . MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: AGENDA ITEM NO. l: MINUTES City of College Station Zoning Board of Adjustment October 19, 1982 7:00 P.M. Chairman Cook, Members MacGilvray, Wagner, Upham, Alternate Member Lindsay, Council Liaison Lynn Nemec Mary Kay Donahue Zoning Official Kee, Zoning Inspector Keigley, Director of Planning Mayo, Asst. Director of Planning Callaway, Planning Assistant Longley & Planning Technician Volk Approval of Minutes from September 21, 1982 meeting. Mr. Upha m referred to the last paragraph of page 3 conc erni ng Mrs. Cook's statement concerning 11 a pizza restaurant had been opened in a building where the ZBA had at a previous me eting established hours during which a business could be in operation ... 11 and wanted to amend this statement to reflect that the ZBA had not established the hours, but rather that the applicant had informed the Board this restaurant would be in operation from 9 a.m. to 9 p.m., and the Board had included this in the approval of the variance requested. In other words, the applicant established his own hours and approval of the variance was given based on the specifics of his request, plus the one granted of parking. Mr. Wagn er made a motion to accept the amendment to the minutes. Mr. Upham seconded. Motion carried unanimously. Mr. Upham then made a motion to approve the minutes with the addition of the above amendment; Mr. Wagner seconded. Motion carri ed unanimously. AGENDA ITEM NO. 2: Consideration of a requ es t for a variance to Tabl e A, Rear Set- back 11 E11 requirement of Ordinance 850, at a proposed Village Squar e Office Park located in a nei ghb orhood commercial zoning district in Southwood Valley Sec..._5-A ~ppl ication is in the name of G. Philip Morley & William E. Loveless. Mr. Wagner asked to be excused from participation in this request; Mrs. Cook excused him from the Board at which time he took a seat in the audience. Mrs. Kee explained the request, and further explained that the Ordinance requirement of 10 ft. of required 15 ft. setback being cl e ar had been researched, and it was discovered the purpose of this 10 ft. cl ea r area had been established to guarantee that there would be clear space for emergency vehicles, and because there was more than enough clear area to meet that requirement in this setback, and because access was provided in the adjacent access right-of-way, staff had no problem with this reque s t. Philip Morley, a registered architect and developer of this proposed project was sworn in and informed the Board his group had met with al 1 City departments, and all had indi- cated they hav e no problem with this project or the encroachment for which this variance has been filed. Mr. Lindsay asked about acce ss right-of-way being given by the owner, and Mr. Morley indicated that this had been granted. Mr. MacGilvray asked who would maintain th is city-owned access area and Mr. Morley an swered that the project owner would, and that he wo uld be happy to put this in writing. Mr. MacGilvray further asked about the amount of setback and Mr. Morley said that in most cases ther e is 25-30 ft. between the rear of a building and the property line . Mr. Lindsay asked if there is a power lin e across the rear of this property line, and Mr. Morley answered that there ZBA Minutes 10-19-82 page 2 will be, and that the power poles will be in the islands. Mr. Lindsay asked if the Fire Department had seen this plan and Mrs. Kee answered that the Fire Department has given their approval of the plan. John Lofgren, a neighbor of this project was sworn in and told the Board that this paving of this easement was creating a street. He quoted the Ordinance concerning location of parking and the setbacks required, then spoke at length concerning this 11 street 11 which he believes will be created. He also referred to the Ordinance wh ich allows parking to be located within 200 feet of this property, and then offered the opinion that the whole project could be moved back which would allow parking in front of the buildings. Mr. MacGilvray asked how this right-of-way came about and who had approved it, and Mrs. Kee explained that this had been done in the platting process and had come before the P&Z. Mrs. Cook asked what the vote was when this plan was approved by P&Z and was told that it was 4-3 in favor. Jack Weitsman, a neighbor was sworn in, then showed a sketch concerning the drainage problem whi ch could be created by the establishment of this drive and expressed his concern. Mr. MacGilvray asked if this was his sketch, and he said that it was, but that it was not drawn with exacting equipment. Mr. MacGilvray referred to a wall in the sketch and Mr. Weitsman repli ed that this was his interpretation of what would be done. Mr. MacGilvray asked Mr. Morley if he had done a crossection of the road, and Mr. Morley replied that he had not, but fu rth er said that the water would be carried on to Longmire Dri ve and handed out a topographical study wh ich had been done by a profes- sional engineering firm. Small group discussion fol lowed and Mrs. Coo k then asked who would be responsible for maintenance of that drainage area during construction and after occupancy, and voiced concern about the debris which often accumulates from construction which could block drainage here. She wondered if perhaps the owners of the adjacent properties should be required to help with the maintenance of this area. Mr. Upha m said that the City no longer accepts drainage easeme nts, and that this one had been platted before the newer pol icy became effective. Mr. Weitsman reiterated that the road was being built for access to parking rath er than maintenance, and asked what will happen in later years when this 11 road 11 crumbles and is repaired and debris accumulates. A head count for those in attendance who were in opposition to this variance request was taken, and results tallied 8 in oppo siti on in the audience. Al Mayo, Director of Planning was sworn in and stated that he would 1 ike to ans wer some of the questions which had been raised. He addressed the drainage easement and said work currently was being done to prepare a master drainage plan and mainte- nance pol icy both for future areas and areas which have already been developed, and that this drive would be a public right-of-way whic h would give both access to this project and for maintenance vehicles working on the drainage area. Th e construction of this driveway and the maintenance agre e ment, as well as the impact on drainage will have to be cleared through the City Engineer's office. Th e Fire Department has been consulted and has stated that it does not need the 10 ft. clear easement because this driveway will be there, and the Public Wor ks Depart ment will be provided with a paved surface to get to an area they must maintain and has stated they will be happy to see it. Paul Beckingham, a neighbor was sworn in and as ked about the location of 3 of the building s in regard to setback and said there was not a 25 ft. setback for them. Small ZBA Minutes . 10-19-82 page 3 group discussion followed. Mrs. Cook called the meeting back to order and asked if the City is creating another 11 front 11 entrance with the use of this driveway. Mr. Mayo answered that the street address would be on the actual street in front of the project. Mr. Upham asked if any buildings would be facing the drive in the rear, as well as some facing the street. Mr. Morley answered that some buildings would be facing the drainage ditch. Mr. MacGilvray said that in his opinion, Mr. Morley was trying to do the right thing and develop a nice project, and gave examples of warehouse projects, the type of which this developer is trying to avoid, but that he also believes the City has missed an opportunity in the past to utilize this type of drainage area as a 11 people place." Mr. Lofgren spoke again and said that as Mr. Mayo had pointed out, the City is being foresighted in not running this driveway through to Deacon Street, but he fears that this situation will be changed in the future, and that this drive would become a high traffic generator. He said that he thinks this is a good project which has been rea- sonable well thought out, but he still hopes a compromise can be reached, and further asked if speed bumps could be included in the drive. Mrs. Cook reminded him that this Board is not in a position to function as a Planning & Zoning Commission. Mr. Upham referred to this particular request for a particular variance, and reminded the Board that the request is for granting parking variance and the placement of a dumpster adjacent to the rear property line only, and then pointed out that because this project is for office space, it would generate Jess traffic than one for retail use. Mr. MacGilvray made a motion to deny a variance to the minimum setback (Table A) from the terms of this ordinance as it will be contrary to the pub! ic interest, due to the lack of special conditions of the land not normally found in 1 ike districts and because a strict enforcement of the provisions of the Ordinance would not result in unnecessary hardship, and such that the spirit of this Ordinace shall be observed and substantial justice done. This motion died for Jack of second. Mr. Upham made a motion to authorize a variance to the m1n1mum setback (Table A, note E) from the terms of this ordinance as it will not be contrary to the public interest due to the following unique and special conditions of the land not normally found in 1 ike districts 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 following special conditions: That all debris from the original construction and future debris followi_ng opening-!llust be pol iced by the owners and the road maintained to City Standards -in perpetuity. Lindsay seconded the motion, then amended the motion to include restricting the access to the rear buildings to employees only. Mr. Lindsay then withdrew this amendment. Mr. MacGilvray stated that he believed this right-of-way should not be paved at all. Chairman called for voting. Motion to approve was defeated unanimously. Mr. Upham reiterated that only the variance which had been requested had been denied. AGENDA ITEM NO. 3: Consideration of a request for expansion of a non-conforming structure and also a request for variance to the rear setback requirements of Table A -Ordinance 850 at a residence at 203 Fairview Street. Application is in the name of Johnny A.Martinez. Mrs. Kee presented the request, referred to attachments in packets concerning this request and gave the history of this non-conforming structure. She also reported that all but one of the adjacent property owners who had contacted here were against this project. Johnny Martinez, owner of the non-conforming residence was sworn in and explained the project. He said that he had made numerous calls to City Hall for a final inspection at the time the last remodelling had taken place, but that this inspection was never done. v ZBA Minutes 10-19-82 page 4 He said that he had gone through all the steps necessary for each inspection, and that his wife had called three times for this final inspection of the area to be inspected which was a porch which he had enclosed. He fu rt her stated that he specializes in three areas, namely electrical, plumbing (also air conditioning) and solar energy, so he had done this wiring himself, but had left out some accoustical ceiling so the electri- cal inspection could be done, and that t~le is still missing. He said that he thinks that he should be able to enlarge his structure more than the 25 % allowable in the Zoning Ordinance because his house is so small compared to others which would be al lowed more square footage expansion at the 25 % rate. Mr. MacGilvray interrupted and asked what the nature of the non-conformity is, and was told that this is a duplex in a Single Family Resid ent ial zoning district. Mrs. Kee said that the original house had been a single family home, to which a bedroom and bathroom were added with rear access. In 1981 a covered porch was enclosed. Mrs. Cook asked if Mr. Callaway had been the Zoning Official at the time the porch was covered and he replied that he had been, also had visit ed the residence, and the enclosure of the porch would not have exceeded the 25 % maxi mum . Mr. Martinez answered Mr. Upham 1 s question concerning the size of lot by saying his lot is 50xl25; then Upham asked for the size of neighbor 1 s lot, to which Frank Coulter, aft e r being sworn in answered that his lot is 94xl25. Mrs. Cook pointed out that single family residences can be expanded as much as anyon e wanted, as long as setbacks ar e met, but pointed out that this is no longer a single family residence, but rather a non-conforming dupl,ex in an R-1 zoning district. Mr. Martinez said that he was planning to give the r esi dence to his daughter (who 1 ives there now) and then it would be a single family residence. Mr. Upham ref e rred to the original building permit dated in 1981 which requested repair, including enclosing an existing porch, but which also included a note stating that 11 no chang e in the floor plan as it existed prior to construction wi ll be allowed by order of the Zoning Board of Adjustment -March 24, 1981 11 • He stated further that he did not know anything about a final inspection, but that he does kno w that the ruling indicated that there could be no change to the floor plan, but the actual cosntruction which took place did not comply with this directive. Mr. Martinez said that only screen doors were changed, and that City Hall has always had a negative attitude toward this piece of property. Mr. Wagner interrupted and said that what Mr. Martinez had begun to talk about had no bearing on this request, and that the Board wants to discuss the request. Mr:· Martinez handed out revised drawings, and explained them, then Mr. Wagner asked the Chairman to excuse this witness, and the Chairman agreed and did so. Mrs. Kee then reviewed these revised pTans with th e Board. The Chairman repeated the request before the Board, reiterated that the zoning in this district is R-1 and the present structure is a non-conforming duplex, which would not now be allowed in this zoning district. She spoke of how the interior of this building had been designed prior to the 1981 request for variance, how it is now designed and states that this current request creates a new structure, not only creating a duplex (which is now there) but a tri-plex. Mr. Wagner agr eed to her observations and then asked the applicant why the proposed addition is so far away from the existing structure. Mr. Martin ez denied that plans would cr eate a tri-plex and said the reason for the distance between the s tructures is that after this addi- tion is completed, he plans to tear down the existing original structure and build a 2 story residence. Elizabeth Martinez, daughter of the applicant was sworn in and stated that she had been at the las t meeting during which the Board had discussed this building, and said that when her family purchased the resid e nce, it was list ed as a duplex, and that they now wanted to pull the kitchen out of the existing structure and make it larger. The Chairman again explained R-1 zoning a nd ho w this duplex is now a non-confor ming ,. t ZBA Minutes 10-19-82 page 5 structure because of the adoption of the current Zoning Ordinance, and further explained the restrictions this building now falls under. Mr. Upham explained "grandfathering" and how, when the current use is over it will revert back to, or be replaced with a single family dwelling or a structure which conforms with the Ordinance. Mr. Martinez asked if 1 imiting the building to 2 bedrooms and a kitchen rather than 3 bedrooms and a kitchen would be of help. Mr. Upham said that he could only approve a structure which contained no kitchen or bath, and could not accommodate a separate family. Wayne Allen of Wharton, Texas was sworn in and said he opposed these variances because of parking and sewer capacities, and wondered if there were some way to go back in history and pinpoint when the nonconformity occurred in this R-1 district. He then voiced appreciation to the Board for their public service in serving on the Board and stated that he was a former resident of 302 Fairview, and that his daughter had resided there last summer. Frank Coulter (previously sworn in) spoke about the City having refused a permit to a former owner, and also to another resident on Montclair for an additional non-con- formity in this district. Mrs. Cook asked staff if long range plans for this area we re for this area to be single family residential, and this was confirmed. Billie Hefti was sworn in and expressed concern for fires because of the age of the homes in the area. Mr. Martinez then asked to be given permission to build this new structure and to tear do wn the old structure later. Mr. Lindsay pointed out t~at the Board cannot legislate future use except through zoning restrictions. Mr. MacGilvray made a motion to deny the enlargement of a building devoted to a non-conforming use where such extension is not necessary and incidental to the existing use and does increase the area of the building devoted to a non-conforming use more than 25 % and does prolong the 1 ife of the non-conforming use and prevent a return of such property to a conforming use. Mr. Upham seconded the motion to deny. Motion carried unanimously. AGENDA ITEM NO. 4: Consideration of a request for a variance to the location of the required parking spaces at 321 University Drive (Northgate). Application is in the name of J. E. Robbins, Sr. dba Chari ie 1 s Grocery. Mrs. Cook informed the Board and the public that the City Council had ruled sometime in September that no parking variances would be granted for a period of 12 months in the Northgate area. She also said that she had spoken with the Mayor and the attend- ing Council Liaison (Nemec) prior to this meeting, to clarify the intent of the ruling. Then she advised that this matter should be given no consideration until this 12 month moratorium has expired. Mr. MacGilvray read from the minutes which were included in the packet, quoting Councilman Pat Boughton on this matter. Mr. Upham said this item had been placed on the agenda at the request of the applicant and city staff. Mrs. Kee explained that the staff knew that the moratorium affected the number of parking spaces, but was unsure whether it also included the location of spaces. AGENDA ITEM NO. 5: Con s ideration of a requ est for a variance to the rear setback requirements of Table A -Ordinance 850, at th e residence at 1026 Rose Circle. Appl i- cation is in the name of Sun Scree ns of Houston. ZBA Minutes 10-19-82 page 6 Mrs. Kee explained the request for variance to setback requirements, and advised the Board that the 10 ft. utility easement had been abandoned by action of City Council at their October 14th meeting just the previous week. Richard Nored of Sun Screens of Houston, applicant for variance was sworn in and answered questions of the Board and a photo of what was planned was passed around. Mr. MacGilvray spoke of personal knowldege of this particular bac kyard and wondered if he should vote on this matter, and further stated that in his opinion this proposed screening fence would not be detrimental. Mr. Lindsay asked if this man has the authority to represent the owners of this property, and was informed that he in fact, had applied for the variance. Mr. Lindsay made a motion to authorize a variance to the m1n1mum setback (Table A) from the terms of this ordinance as it will not be contrary to the public interest, due to the following unique and special conditions of the land not normally found in like districts: The use proposed will not significantly detract from the area, 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 exception: That this Board is approving only the erection of a screen enclosure within this setback line. AGENDA ITEM NO. 6: Consideration of a request for a variance of Section 8-D.3 Ordinance 850 pertaining to signs; the request is for additional sign(s) at each of 9 sorority houses in the Greek Village Subdivision. Application is in the name of the College Panhellenic Association of College Station. Jean McDermott and Joy Howze were sworn in and further explained their request for additional signs to be 11 information 11 type signs rather than identification signs. They said the signs would be 11 tasteful 11 and would be monitored by advisors. Mr. MacGilvray asked if the subdivision was really named 11 Greek Village 11 to which he was answered in the affirmative. Mrs. Cook pointed out that future expansion should probably be included in this request. Mrs. McDermott stated that only this land in 11 Greek Village 11 subdivision, which totalled 10 lots, was included in this request. Mr. Upham asked questions and referred to the discussion held earlier this summer con- cerning signs, then asked what type of sign, what size, how many d?ys would be specified for the sign, etc. He received no concrete answer, so he then askecf-rf the sororities were purposing that the Board give blanket approval for any size, type,duration,etc. to which Mrs. McDermott gave a general answer that they were requesting perhaps one extra sign per lot of an uncertain size, with perhaps a time limit of one week for each time the sign was put out. Mr. Upham then expressed his wish that they come back before the Board with a proposal the Board could deal with. Mrs. McDermott said that this was a unique dormitory area and they really did not know exactly what to request, and would generally like to see a 11 lessening of restrictions 11 to show support for one of the largest industries in the City (that of the University). Mr. MacGilvray read from the Zoning Ordinance the size of some signs al lowed in certain zoning districts, and Mrs. Cook stated that she thought perhaps generalities could be in the proposal. Mrs. Kee said that if a variance was not somewhat specific, enforcement by the staff would be a problem. Mr. Lindsay said the sign regulations are listed in the Zoning Ordinance and advised the witnesses they should sit down with the staff and work out some specifics the Board could deal with. Santos Ramirez of 1000 Dominik was sworn in and stated that he thinks the Board should give specific rules to be followed by sororities. Tim Coppinger, 1003 Dominik was sworn in and stated that in his opinion, a blanket type variance would be a mistake. ZBA Minutes 10-19-82 page 7 Mr. MacGilvray made a motion to table this agenda item until such time the applicant of the request can present a proposal the Board can deal with. Mr. Wagner seconded the motion. Motion to table carried unanimously. AGENDA ITEM NO. 7: Other business. Mr. Upham referred to the Committee studying the Northgate area and stated that to his knowledge this committee has not yet met, and reminded Mr. MacGilvray & Mrs. Cook, who are both serving on this committee that time is passing quickly, and something needs to be done. He referred to an article which he passed around to be referred to when making plans. Mrs. Cook asked if anyone had been appointed Chairman of this committee, and Mr. MacGilvray stated that he had not been apprised of one. Lynn Nemec said she would check on this with the Mayor's secretary. Mrs. Kee indicated the definitions of home occupations, and excerpts from Zoning Ordinances from other cities had been handed out to the Board for study, and suggested that due to the lateness of the hour, this be put off until the next Board meeting. She then referred to the City Attorney's memo which had been handed out concerning the variance the Board had granted to the D.R.Cain setback encroachment. Mrs. Cook wondered if there were no automatic penalties for this type of encroachment and Mr. MacGilVray read the last part of the letter aloud. Mrs. Kee explained the procedure to be followed if a violation is found. Mr. Upham said that he believed that a fine of perhaps 30 % of the value of the structure should be imposed. Mr. Callaway explained that the $200 per day fine for a violation was established by state law. Mrs. Kee explained why Mr. Guidry and Mr. Searcy had not been \invited to attend this meet- ing to discuss the utility 1 ine running across Mr. Searcy's property. She was directed to invite them and the City Attorney to the next meeting of the Board. Mrs. Kee also informed the Board that the next meeting date will have to be changed because the City Council has rescheduled their meeting for that night. (November 30th was chosen by the Board for the next meeting). Mr. Wagner made a motion to adjourn. Mr. Upham seco~ded. Motion carried unanimously. APPROVED: Vi Cook, Chairman . ATTEST: Dian Jones, City Secretary City of Colle g e S tation POST OFFICE BOX 9960 I I O I TEXAS AVE U E COLLEGE STATION, T EXAS 7 7 840 October 25, 1982 MEMORANDUM TO: Zoning Board of Adjustment FROM: Jane R. Kee, Zoning Official SUBJECT: Agenda Items -ZBA Meeting November 2' 1982 AGENDA ITEM NO. 2 -RECONSIDERATION OF VARIANCE TO REAR SETBACK 11 E11 REQUIRE- MENTS OF TABLE A -ORDINANCE 850 -Phil Morley The staff is requesting the Board to reconsider the variance request made by Philip Morley at the last meeting. The staff supports this variance request as there is adequate access to the rear of this project because of the adja- cent right-of-way. Therefore, there is no need for the ten feet of clear area in the rear setback. The minutes of of the P&Z meeting at which the site plan was considered are included in your packets also . AGENDA ITEM NO. 3 -VARIANCE TO NUMBER OF ALLOWED SIGNS.-SECTION 8-D.3 of ORD. 850 -College Panhellenic Assn. of College Station. This request was tabled at the last meeting. Information concerning the requested sign variance will be presented at the meeting. sjv ZONrnG BOARD OF ADJUSTMENT FILE NO. Name of Applicant ___ G_._P_H_I _L _I P __ IYl_O_R_L_E_Y_&_W_I_L_L_I_A_fYl_E_._L_O_V_E_L...:...E_S-=-S-=--------- Mailing Address 1701 SOUTHWEST PARKWAY, SUITE 109, COLLEGE STATION ---------------------"'----------~ SiSXSi~H 693-9925 Location: Lots 113-120Block 9 Subdivision SWV SEC. 5-A --- Action requested: GRANT VARIANCE TO ORDINANCE REQUIREfYlENT FOR 10 1 CLEAR AREA WITH NO PARKING AT REAR OF SITE. Nl0fE ADDRESS (From current tax rolls, College Station Tax Assessor) SEE ATTACHED LIST . ZONING BOARD OF ADJUSTMENT FI.LE NO. ---- Present zoning of land in question C-N ----~---------------- Section of ordinance from which variance is sought DISTRICT USE SCHEDULE, TABLE A, REAR SETBACK 'E' The following · specific ·ve.riation from the ordinance is requested: ------- TO GRANT PARKING AND PLACEMENT OF DUMPSTER ADJACENT TO REAR PROPERTY LINE This variance is necessary due to the following unique and special conditions of the land not found in like districts: THE SITE IS PLATTED IN 50' LOTS, NECESSITATING A STRIP CENTER APPROACH OR A PARK SITUATION AS WE ARE PROPOSING, UTILITIZING THE ENTIRE SITE. CITY OFFICIALS INDICATE THE 10' CLEARANCE REQUmREMENT WAS TO ·PROVIDE .. ~.:..;. ACCESS TO THE REAR OF A STRIP CENTER OR OTHER COMMERCIAL USE OF .A- C-N ZONE. DIRECTLY BEHIND THW SITE IS A 70' ACCESS & UTILITY ROW The following alternatives to the requested var iance are possible: ------- A VARIETY OF SI~E PLANS WERE STUDIED PRIOR TO THE SELECTION OF THIS ONE, AND THIS WAS THE ONLY ONE THAT ALLOWED THE SQUARE FOOTAGE REQUIRED TO MAKE THIS PROJECT WORK, SINCE THE LAND ALONE IS MORE THAN 100,000 DOLLARS AN ACRE. OUR ALTERNATIVES ARE TO REDUCE THE SQUARE FOOTAGE OR GO TO TWO STORIES OR ABANDON THE PROJECT, ALL This variance wiil not be contrary to the public interest by virtue of the following fact~: __ A_C_C_E_S_S_I_S_N_O_T_I_M_PE_D_E_D_B_U_T_I_N_F_A_CT_C_O_N_S_I_D_E_R_A_B_L_Y_I_MP_R_O_V_E_D_B_Y~ OUR DESIGN. IN ADDITION, DUE TO THE EXTREMELY CLEAN USE OF THE SITE FOR OFFICE SPACE, A LOSS Of 10' OF BUFFER IS INSIGNIFICANT WHEN THERE IS ALREADY 70' BETWEEN PROPERTY LINES. The fac ts stated by me in this application are true and correct. / 17. I · : . 1/1/1 } // 4 ;,t ~~~--· I /'/ ,fJ/ ).f.:u--t .----· App;l icant / Blk 9 Lot 94 southwood Va 11 ey 5-A Ro be r t Stalc up 2735 Sa ndy Circle Col lege Station, Texas 77840 Bl k 9 Lot 95 Southwood Va 11 ey 5-A Josep h A. Patterson 2731 Sandy Circle College Stat i on , Texas 77 840 Bl k 9 Lot 96 Southwood Va 11 ey 5-A Da vi d A. Br oo ks 272 7 Sa ndy Circ le College Sta tio n, Texas 77840 Bl k 9 Lo t 97 Southwood Va 11 ey 5-A Lonnie L. Jo nes 2723 Sandy Circle College Station, Texas 77 840 Blk 9 Lot 98 Southwood Valley 5-A Go r do n P. Hopkins et ux 271 9 Sandy Circle College Sta t ion, Texas 77 34 0 Blk 9 Lot 99 Southwood Valley 5-A Ke nn eth W. Durham 35 31 Hawtho rn e Drive (2 715 Sandy Circ le) Do ver , Del . 1990 1 Blk 9 Lo t 10 0 Southwood Valley 5-A Wa yri e M Ah r 2711 Sandy Cir cle Col l ege Sta t io n , Texas 77 840 Blk 9 Lot 101 Southwood Valley 5-A (e s are o A. Dom inquez 270 7 Sandy Circ le Col lege Stat io n , Texas 7784 0 Blk 9 Lo t 102 Southwood Valley 5-A Dani e l Ne i l McQuay 2703 Sandy Ci rc le Co ll ege Station, Texas 77 340 Blk 9 Lot 103 Southwood Valley 5-A James F. Mc Namara 2700 Sandy Circle Co l lege Sta t ion, Texas 77 840 Blk 9 Lot 104 So ut hwood Vrl 'Py 5-A Jesus H. Hindjo sa et ux 2704 Sandy Ci r cle Collel)e Station, Tf'xac; i'7~t1)) Blk 9 Lot 105 Southwood Va lley 5-A Yec hi e l Weitsman 2708 Sandy Circle College Station, Texas 77840 Blk 9 Lot 106 Southwood Valley 5-a Gerald G. Waaner 2712 Sandy C1rcle Co l lege Station , Texas 77840 Blk 9 Lot 107 Southwo od Vall ey 5-A Donald W. Bugh et ux 2716 Sandy Circle College Station , Texas 77840 Blk 9 Lot 108 Southwood Vall ey 5-A Paul d. Beckingha m 2720 Sandy Circle Co:lege Stati on , Texas 77840 Blk 9 Lot 109 Southwood Valley 5-A Jon [. Porter 2724 Sandy Circle Coilcge Station , Texas 77840 Blk 9 Lot 110.Southwood Valley 5-A John C. Loforen 2728 Sandy ·ci rel e College Station , Texas 77840 Blk 9 Lot 111 South~oo d Va l ley 5-A Mar vin C. Miller et ux 2732 Sandy Ci r cle College Station, Texa s 77840 Blk 9 Lot 112 Southwood Vall ey #58 Blk 16 , Lots 1 ,2 ,3 ,4 ,5 SWV #3 Rhea D1>1ayne 2751 Lon gm i r e College Statio n, Te xas 77840 Blk 16 Lot 24 Southwood Valley #3 Peo~e r tree ~pts , Ltd . Don R. Tu rl i nqton and Associat e s , Inc. 3000 Park Hill Dr . Fort !·!orth , Tx . 76109 Bldg. D Unit 28 Woodsman Condos Hen ry C. Orte ga 280 0 Lon gmi re #28 Co:leqe S_a tion , Texas 77840 Bldg . D ~ni t ZS Woodsma n Condos rJ.ay1n und T . Srni th 2800 ~ong;i1 ·re ;=:zg Coll ege St at io n , Texas 77 840 Bldg . D Unit 30 \.Joodsman Condos Ha r old M. Tann er 2800 Longmire #30 Col l ege Station, Texas 77 840 Bldg . E Unit 31 Woods man Condos Leland A. Sei dl 2800 Long mire #31 Co l le ge Station, Texas 77840 Bld g . E Unit 32 Woodsman Condo s James e . Patterson 2800 Lon gm ire #32 College Stat i on, Texas 77 84 0 Blk 23 Lot 55 Southwood Valley 7-A Southwood Valley, Inc. P.O. Drawer AF Co l le ge Station , Tex as 77 840 lR Dragon's Ne st Edw ards , R. Wayne 2801 Lon gmi re Dr. Colle ge Station, Texas 77 340 2R Dragon's Nest Geor ge E. Echerd 280.1. Lor.gr.ii re Co llege Station, Texas 77 840 Bldg . E Unit 33 Woods man Condos Charles L. Ada ms · 2800 Lon gm ire ~\ 1!/1.J College Station, Texas 77 840 C i ty of Colle g e S tation POST OFFICE BOX 9960 I I O I TEXAS AVENU E COL LEGE STATION, TEXAS 77840 October 28, 1982 MEMORANDUM TO: Zoning Board of Adjustment FROM: Al Mayo, Director of Planning F SUBJECT: Variance request, Village Square Office Park I have met with Mr. Lofgren, the neighborhood spokesman from Sandy Circle. I have recommended to him that the proper and legal course of action that he should follow is to request that the City Council consider the site plan approval on appeal from the Planning and Zoning Commission. The questions raised by the area residents concerning orientation of front entrances, flooding, vehicular lights, aesthetics, etc. were discussed by the P&Z at the site plan review. If the area residents still have problems with these subjects they should appeal to the Council. The Zoning Board is not the place for the appeal, since the Board is only reviewing the variance request that the ten feet in the rear be obstructed. You have a memo from the Fire Marshall clearly stating that the ten feet is tota 11 y unnecessary · in this case. I, have a 1 so checked with the other City departments. No one has expressed any need for this requirement. To not allow Mr. Morley to utilize the access right-of-way, which was platted before any of the Sandy Circle residents purchased houses there, would be placing an unnecessary hardship on him. The staff has given this request very serious and careful consideration, and we have not been able to find even one reason not to grant the va·riance. We would strongly urge and re- commend that the Board grant the requested variance, and let the City Council hear the site plan appeal if they so desire. AM/sjv C i ty of Colle g e Station POST OFFICE BOX 9960 11 0 1 TEXAS AVENUE COLLEGE STATION. TEXAS 77840 October 28, 1982 MEMORANDUM TO: Zoning Board of Adjustment FROM: Harry Davis, Fire Marshall SUBJECT: Variance request, Village Square Office Park I have reviewed the request by Mr. Philip Morley to grant a variance to the Zoning Ordinance requirement that ten feet of the rear setback "must remain unobstructed by above ground utility installations, street areas, fences, storage or parking". I understand that the only reason for this requirement is to insure that an open rear access area be maintained. According to the existing plat and approved site plan, better access is being provided by and for this project in the access right-of-way. There is, then , no need whatsoever for the re- qu i rement of the ten foot clear area; therefore, I would recommend approval of the variance request. ~outbtuoob Vallep, inc . R es ide ntial S ubdivision s Planning Department The Future of College Station ••• October 25, 1982 City of College Station College Station , Texas 77840 Dear Mr. Mayo: Comme r cial Propertie s In order to resolve some questions regarding the development of Lots 112 to 120, in Southwood Valley, Section 5-A, which is zoned neighborhood commercial, I would like to review the intent of the plat even though it may not be clear from the plat itself what this intent ·was. 1. Rear Access Easement. The 70 foot access and drainage easement across the rear or southwest side of this strip of lots was intended to be 40 foot for drainage and 30 foot for access easement. This came about as a result of a ruling that at one time was in fact executed by the Planning Department that commercial lots similar to those discussed here should have access across the back of the lots for garbage and emergency vehicle use. Developers would not be required to plat and build alleys but were required to provide access easements across the back of the lots . In order that persons building on the lots would be assured of continuity of access throughout the tract, the access easement would enable future developers to provide rear parking for employees and others, and I am in full agreeme nt with the use of the property as proposed by Phil Morley and Bill Loveless. 2. Front Setback Limitations. Regarding the front setback limitations and side set back limitations, the parking and access easement across the front of the lots in question was placed there to insure a continuity of the parking area across the lots so as to avoid a curb cut at every lot. Unfortunately the development of Ra y 's Country Store did not c onform to the intent of the set back which was drawn in error as a straight line instead of a curve parallel to Longmire Drive. Mr. Morley and Mr. Loveless, ··--developers of Village Square Office Park, are in full compliance with the intent of the plat and I hereby agree and request that the parking access easement be redefined as being the front 25 feet along Longmire Drive 2 108 50 11 t l1woori Driv e, Pos t O ff ice Box A F, Coll ege Stntion, T ex ns 7784 0 T elephone 7 13-693-9110 Planning Department Page Two October 25, 1982 and further that the 15 foot side building line adjacent to the drainage and utility right-of-way can be eliminated or reduced to the 7.5 foot City requirement. ~ W. D. Pre sident WDF/pz ZONING BOARD OF ADJUST.MENT FILE NO. ---- Name of Applicant Colle .12;e P;:i.nhel l enic Assn . of College St::ltion Mailing Address ~--P_._o_._B_o_x __ 1 _2 _2_1~,_C_o _l_l_e_~~~e __ S _t_q_t_i_·o_n~1 _T_e_x_q_s_~7_7_8_L_+_o ____ ~ Phone 693 -388 7 (Pennv Ditton , Panhel . Advise r) Lot 1 Tract 1 ~ich qrd Carter Addition Location: Lo t'.3 1 -4 Block --Subdivision Greek Villa.c;e 1 Lots 1-6 Bloc k 1 Subdivis io n Sreek Village 2 Description, If applicable ~--------------------------~ ~reek V ill a~e Su b div i s ion con s i st in g o f e i ~h t sor o rity houses co mp l eted , the ninth to be bu ilt bv 19 84 .· -=.___;___;_:__:::.-"----''--------------- Action requested: Th::i. t add i tional s i q:n ( s ) be ::i.l lo wed for ea c h res id enc e wh ic h wo ul d supp ort fun ction s in which the student res i dents are i nvo l ved . NAME ADDRESS (From current tax rolls, College Station Tax Assessor) ~ ZONING BOARD OF ADJUSTME NT FILE NO. Present zoning of l a nd in que stion R-6 -------------- Section of ordinance from which variance is sou,sht __ S_e;;_c~t_,_._8.;;__--=D_,._3'---------- The following specific ve.riation from the ordinance is requested: Th at add itio na l s i qn (s ) per res i dence be allowed which wou l d sunp o r t funct io ns i n wh ic h the student resi den t s are invol ved (ex .: Rush We e k , fo ot b 8.ll ~a m es , c harity dr i v e s , communit y service pro jects , P~rents f eekend ... ). This variance is necessary due to the follmdn g unique and special conditions of the land not found in like districts: Th i s area o f stude n t board i n.g hou s es , e 8.ch wi th close 3 Ju mn; superv i s io n and re s i dent advi s er (house rn other), is ve rv 1ml i ls:e --- i n a pp earance and pu r p o s e the a par t me nt co mp l exes th a , or d i nan c e s __ wa ~ ori ~i na ll y wri t t en to co ve r . The following alternatives to the requested variance are possible~ __(not :::rnnl T...c.able) This variance will not be contrary to the public interest by virtue of the followin3 f~ct~: The n i ne lot s (8 houses comnl etc d hollsin Q; ,just o"er 350 colls:.:;c wo men and one to be co mp lete d in '8 3 or '84 ) are all together a nd e it he r f ace e ac h other (7) or (2 ) f ace condomi iu , s nr i marilv h o us i n~ students . The fact s stated by me in this applica t i on ar e true and corre ct. nl t e Bldg. A, Unit 1 Sutter's Mi 11 Bldg. A, Unit 3 Sutter's Mi 11 Bldg. A, Unit 4 Sutter's Mill Bldg. F, Unit 25 Sutter's Mill Bldg. F, Unit 28 Sutter's Mill Bldg. G, Unit 33 Sutter's Mill Bldg. G, Unit 34 Sutter's Mill Stanford Assn. P. 0. Box 4106 Bryan, Tx. 77801 Bldg. A, Unit 2 Sutter's Mill King, Ben R. Etux 1500 Olympia Way, No. 2 College Station, Tx. 77840 Bldg. A, Unit 5 Sutter's Mill Buncher, James, Mary, and 7102 Spanky Branch Dr. Dallas, Tx. 75248 Bldg. B, Unit 6 Sutter's Mill Lippman, L. F. 1500 Olympia Way, No. 6 College Station, Tx. 77840 Bldg. B, Unit 7 Sutter's Mill Livingston, Joel E. 1500 Olympia, No. 7 College Station, Tx. 77840 Bldg. 8, Unit 8 Sutter's Mill Homeyer, Howard C. 1500 Olympia, No. 8 College Station, Tx. 77840 Bldg. B, Unit 9 Sutter's Mill uwayne, Scott A. P. 0. Box 4106 Bryan, Tx. 77801 Bldg. C, Unit 10 Sutter's Mill Columbia Properties P. 0. Box 4106 Bryan, Tx. 77801 Bldg. C, Unit 11 Sutter's Mill Glassell, Alfred C. Jr. 1500 Olympia Way, Unit 11 College Station, Tx. 77840 Bldg. E, Unit 18 Sutter's Mill Bldg. C, Unit 12 Sutter's Mill 303 Anderson Company 3833 Texas Ave. Ste. 400 Bryan, Tx. 77801 tildg. C, Unit 13 Sutter's Mil I Marino, John C. 14703 Broadgreen Houston, Tx. 77079 Bldg. D, Unit 14 Sutter's Mi 11 L. F. Lippman Trust 1500 Olympia Unit 14 College Station, Tx. 77840 Bldg. u, Unit 15 Sutter's Mill Harris, Roy H.D. 1500 Oly~pia Unit 15 College Station, Tx. 77840 tildg. D, Unit 16 Sutter's Mill Stein, Hugo H. 1500 Olympia Unit 16 College Station, Tx. 17840 Bldg. u, Unit 17 Sutter's Mill Littman, Charles and Margi 3833 Texas Ave. Ste B Bryan, Tx. 77801 tildg. E, Unit lY Sutter's Mil I Ralph, Merry D, Barbara C 1500 Olympia Unit ----19-E College Station, Tx. 77840 Bldg. E, Unit 20 Sutter's Mill Trimble, James W. 1500 Olympia Unit 20 College Station, Tx. 77840 Bldg. E, Unit 21 Sutter's ~Ill Chapparel Minerals 1701 SW Parkway College Station, Tx. 77840 Bldg. E, Unit 22 Sutter's Mill Green, Uulcie K. 1500 Olympia Unit 22 College Station, Tx. 77840 Bldg. E, Unit 23 Sutter's mill Zingiry, Wilbur L. 1310 Augustine Ct, College Station, Tx. 77840 Bldg. F, Unit 24 Sutter's Mill Nicholls, Bonnie C. 1500 Olympia Unit 24 College Station, Tx. 77840 Bldg. F, Unit 26 Sutter's Mill Judge, L. Keith Etux 1500 Olympia Way, No. 26 College Station, Tx. 77840 Bldg. F, Unit 27 Sutter's Mil I Schwarz Investment Co. 1500 Olympia Unit 27 College Station, Tx. 77840 Bldg. G, Unit 29 Sutter's Mill Rinker. Raymond D. Jr. 1221 Wright Dr. Nacogdoches, Tx. 75961 Bldg. G, Unit 30 Sutter's Mill 1500 Olympia Unit 30 College Station, Tx. 77840 Abernathy, James M. Bldg. G, Unit 31 Sutter's Mtll Hope, Henry W. 406 Regentwood Houston, Tx. Bldg. G, Unit 32 Sutterts Mill Bishop, George H. 11999 Katy Frwy, Ste-450 Houston, Tx. 77079 8ldg. G, Unit 35 Sutter's Mil I Grinstead, Mildred H. 1500 Olympia Way, Unit 35 College Station, Tx. 77840 Lot 66 C. H. Woodlands Manning, Kirwin A. Etux 1217 Marstellar St. College Station, Texas 77840 Lot 67 c. H. Woodlands Sutherland, J. P. S. 1220 Munson College Station, Texas 77840 Lot 86&87 C. H. Woodlands Trost, Frederick J. 1206 Ashburn Ave. E. College Station, Texas 77840 Lot 88 C. H. Woodlands Thurmand, Frank J. 3501 Pkwy Terrace Bryan, Texas 77801 Lot 89 C. H. Woodlands Ha 11, Wm S. 804 Gilchrist St. College Station, Texas 77840 Lot pt 90, pt 91 C. H. Woodlands Darnell, Rezneat M. 900 Gilchrist College Station, Texas 77840 Lot pt 90 C. H. Woodlands Gladden, James K. 806 Gilchrist College Station, Texas 77840 Lt. pt 91, pt 92 C. H. Woodlands Cox, Eleanor R. 906 Gilchrist College Station, Texas 77840 Blk. Lt. pt 92, 93 C. H. Woodlands Darron, M. D. Mrs. 910 Gilchrist College Station, Texas 77840 Blk 5, Lt. 20 University Oaks Jarmek, Mary Anne 1728 Lake Shore Dr. Ft. Worth, Texas 76103 Blk 5, Lot 21 University Oaks Junek, Clifton J. 2913 Broadmoor Bryan, Texas 77801 Blk 5, Lot 22 University Oaks Strawser, Robert H. 919 Park Lane Bryan, Texas 77801 Blk 5, Lot 23 University Oaks Ruch, Carlton E. 4304 Maywood Bryan, Texas 77801 Blk 5 Lot 24 University Oaks Allen, John W. 1406 Post Oak Circle College Station, Texas 77840 Blk 5, Lot 25 University Oaks Clark, Roger 829 Dominik College Station, Texas 77840 Lt 16-1 Woodland Estates A 1 manza , Jesse 1001 Dominik Dr. College Station, Texas 77840 Lt 15-2 Woodland Estates Coppinger, John T. 1003 lJominik College Station, Texas 77840 Blk 13, Lot 6 Carter's Grove James, ~/es 1 ey P. 754 S. Rosemary Bryan, Texas 77801 Blk 13, Lot 7 Carter's Grove Johnson, Jerral D. 1002 Dominik Dr. College Station, Texas 77840 Blk 13, Lot 8 Carter's Grove Ramirez, Santos A. 1000 Dominik Dr. College Station, Texas 77840 Blk 3 Timber Ridge Blk 2, Lts 1,2,3,4 Timber Ridge Blk 1, Lts 21,22,23,24 Timber Ridge Mayfield, John C. Jr. 1700 Puryear #170 College Station, Texas 77840 Blk 2, Lts 21,22,23,24 Timber Ridge Timber Ridge Venture 1700 Puryear #170 College Station, Texas 77840 Blk 4, Pt Reserve Tr. 6.82 University Oaks Cripple Creek Partners Ltd. Property Tax Service Co. 510 Colonial Savings Towe Houston, Texas 77036 Blk 4, Pt of Reserve Tr. C University Oaks Ryan Interest Inc. Property Tax Service Co. 510 Colonial Savings Towe Houston, Texas 77036 Blk 4, Pt of Reserve Tr. 1.00 University Oaks French's School Inc. P.O. Box 4404 Bryan, Texas 77801 Sec. 2, Bk-2, Pt of R Greek Village Martel, Robert U, P.O. Box 4106 Bryan, Texas 77801 Blk 13, Lot 13~A Carter's Grove T.J. Kozik 1010 Dominik Dr. College Station, Texas 77840 • Coll erre Panhe ll en ic of Co lle ~e Stat io n re 1 u e sts a varience to t he si gn o rd inan c e wh ic h will p erta i n to ~reek Village Sub - d i v i s io n . One (1) s i ~n per lot in addition to pe r manent i dent i - f ic at ion , e i the r atta c hed or detached , n o larg e r than 1 00 s~. ft ., to be l o c ate d i n the f ro nt y ard no clo ser than 2 5 ft . fro m the c urb (and n o th i n~ within the s i te d i st ance trian ~l e on co rne r lo ts), a deta c hed s i ~n n o t to exc eed 1 0 ft , i n he i qh t 8n d an atta c hed s i ~n not to extend a b ove the roof o verhan~. , o s i gn i s to have f la sh i n~ li g hts or moving par ts . Sig ns sh o u l d be d i sp l ayed on l y f or a r e a s o nab l e l e n ~th o f ti me to cover an event and will n o t re 1 uire ind i v i du a l nerm i ts . October 2 5 , 1 982