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HomeMy WebLinkAbout212 ZBA L&R Foods 12.7.82• REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1982 is not given today . This item was deleted by the council. PAGE 2 Agenda Item No. 3 -Discussion of Northgate and other areas of the city o n proposed future plans. City Planner Mayo presented the item. He stated that the purpose of this item is to direct the Zoning Board of Adjustment on the City's future plans for the Northgate area and to give them guidance on how to address requests for variances for construction on buildings that hardly ever comply with the zoning laws of the city. He suggested a policy that would not grant variances if the use of a lower-intensity structure is changed to a higher-intensity use without providing adequate parking on the site. He also proposed the development of a large area to serve as parking for the businesses. He stated that it would take a long range solution to correct the problem in Northgate. Violetta Burke Cooke, z ·.B.A. Chairman, stated that the policy Mr. Mayo proposed would stop changes and new construction. She stated that the area will always be used by students of the University and needs to be looked at with input from the businesses in that area also. • Gale Waggoner, 2712 Sandy Circle, asked if the city could install traffic w.alks or control systems on University Dr. since it is a State Highway. City Planner Mayo stated that the city could install systems along University Dr. but it would be very expensive. Da n_,McGilvary suggested that the city should eliminate parking. He stated that the required number of parking spaces per footage of a building is strictly arbitrary and enforcement should be based on the type of business it is and the crowd that it attracts. City Planner Mayo replied that eliminating parking in the area will cause problems with parking in another area. Violetta Burke Cooke stated that the Northgate area is a main attraction for visitors to the city. She stated that the area needs to be made to accommodate extreme usage. She stated that the majority of the businesses in the area are willing to find a solution to the problem. Jack Upham also agreed that the area is an attraction for the city and a solution to the problem is necessary for the growth of the University. City Planner Mayo stated that the staff and the city planners have included in the proposed Comprehensive Plan a statement which would create a study • group conunittee of involved citizens appointe~arrive at an agreeable • • • REGULAR CITY COUNCIL MEETING SEPTEMBER 1, 1982 solution. PAGE 3 Councilman Ringer stated that the problem is either too little parking spaces available in the area or an excessive amount which causes more people to come to the area. He stated that another problem is the peak times of crowds including the shopping crowd, the entertainment crowd, and the church crowd. He suggested creating a special zone which would limit a portion of the land that could have development on it to allow for crowds. After further discussion by the council, Councilman Runnels moved to direct the staff to prepare an outline on the problems in the Northgate area, suggest a timetable for study and make recommendations for a policy. Councilman Ringer seconded the motion which passed unanimously. Councilman Runnels suggested that individuals who wish to serve on this committee contact the city hall and fill out an application before the council selects the committee. Mayor Pro-tern Boughton asked that the City Planner write a proposed policy for the Northgate area for reviewal and consideration by the Council at the next City Council Meeting. Agenda Item No. 4 -Closed session to discuss personnel [6252-17(g)] • The council moved to closed session and later reopened to the public. Agenda Item No. 5 -Action on closed session. Councilman Ringer moved to create an additional position of Asst. Building Official/Plans Checker and transfer $24,000.00 from the General Fund Contigency for salary and benefits. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 6 -Adjourn. Mayor Pro-tern Boughton adjourned the meeting . • I t . I APPROVED: A'ITEST: !fkt-~VJ ~ ·' Pa tric i a Bought; MaYOr Pro-tern Dian Jones, ~S ecr etary • • REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 PAG E 6 Mayor Halter pointed out that the paved street located in front of Ms. Jenkin's property was paid for by the city and not assessed to the property owners. He felt paying for the street improvements in this area could compensate for Ms. Je r kin's property loss. He stated that street improvements usually increase property assessment. City Attorney Denton stated that Ms. Jer kin's assessed value of the land and interest rate was probably too high in the letter which addressed the council. He stated that damage to a piece of property is not valid after 2 years and therefore felt the city should not include any damage costs in a settlement. He suggested the council allow him to determine a calculated settlement cost and present it to Ms. Jer'<ins at a later date. If Ms. Jenkins is not satisfied with the settlement, she may appeal. Councilman Jones stated that he would . like for the council to be informed what the settlement figure will be at that time. After further discussion, Councilman Ringer moved to allow the City Attorney to calculate a settlement figure for Ms. Je.rkins with an interest rate no higher than the current paving assessment interest rate . Councilman Boughton seconded the motion which passed unanimously. Agenda Item No. 9 -Consideration of a policy statement concerning parking in Northgate. Councilman Boughton stated that the council had directed the staff to determine a policy statement for Northgate area to provide direction for the Zoning Board of Adjustment. City Planner Mayo recommended that no parking variances be granted within the designated boundaries of the Northgate area until a committee can review the area and make final recommendation. The designated boundaries will be University Drive on the south, Wellborn Road on the west, city limits on the north, and College Avenue on the east. City Attorney stated that he felt it was necessary that the policy be valid for a set period of time. Councilman Ringer moved to adopt the policy statement to be valid for a period of 12 months to allow a committee to review the area and problems. Councilman Runnels seconded the motion which passed unanimously. Councilman Prause asked that people who are interested commitee fill out applications in the council office. select a committee in two weeks. in serving on this The council will 03633 NOTES ON CONSIDERATION OF A VARIANCE REQUEST 7 Occ . 19 Zoning Board oI ~s tment Hearing Request by _L_-t._J/Jj__..L..:L-L-~f't~o~~~2 .~f15~~~~~~~~~-c--~~~~~~-' Applicant Board Members Participating : Describe Nature of Request: {A_::fvi,.J ~~\/) 0,~r;{ f3'l'\.. L + ~ What public inter4 st or interests are involved? f c;,._, "-v..'. ) t-~ ·-f ~ !, c,../ n-. ~ -+ ,(}.v(-<-1;} How is the public interest affected vv.dl~M~~~--Identify any existing special conditions.associated with this property. j' w~ K/. ~ ~~'j-,..,.,,· ~ ~,.,, Special conditions identified by the applicant include: ~ 4A/J ~d 4J ,4/l~ ~. -v~ .b.r/~ A~ ~ t!Vv~~~. ~~J ~ . Id:entify any unne 6'essary hardships.relating to this property. ~~~~~~· Identify any hardships unique to this property. d-~ rf, r l'-c ~ ~ ~,._,./ - If this request is granted , how will the "spirit of the ordinance" be observed? / ~ ,.....,. /Ji 1 LJ/2./-t c/ p~~--:i ~~ 1JUO"'J.,vtdl -~ /""V}-~ Describe the rational you have us e d to come to your decision in this matter . ~ c4 711,,ud',,/~ i a.I :r t;-... ,.,,,-( //f}I~1. ZBA -L&R el City of College Station POSf OFFICE BOX 9960 I COLLEGE STATION. TEXAS r~-(22~ ~';; I _, 'r . ·-.; ro :<'' ,§.fte.fh · !~Yur J .·. ''l/Jfe,r1 . ·R Nl "'!Vo. H. Stubblefield 20l Stansney St. College Station, TX 77840 ~ . .,.. ..__,____..,.,.~ ~"""""""--·--..... ·---~:'('\-.........,;:._,..-\l JN r ZONING BOARD OF ADJUSTMENT FILE NO. ---- Name of Applicant L & .R Foods, Inc. d/b/a (Farmer's Market) Mailing Address __ ·_2_7_0_0_T_e_x_a_s_A_v_e_n_u_e_,_B_r=y_a_n_,_T_e_x_a_s __ 7_7_8_0_1 _________ ~ Phone Location: Lot l Block 5 Subdivision Tauber ------- Description, If applicable __ T_h_e_~a=n~s~w~e==-r-=o=n=--..;3~·~3~3~0.___.s~q~.__.f~e~e_t.__ua~f-lua~nL.LJ...l.d-"'aur~e~a~--- Action requested: Modification of conditions of variance granted previously Re: Business Closing hours NAME ADDRESS {From current tax rolls, College Station Tax Assessor) See Schedule; Attached. ... ZONING BOARD OF ADJUSTM FILE NO. C-I-Commercial Present zoning of land in question ~~~~~~~~~~~~~~~~~~~~~~~~~ Section of ordinance from which variance is sought Not a p plicable ~~~~--=-~~~~~~~~~---'~~ The following ·specific variation from the ordinance is requested: ~~~~~~~~~ E liminate business bonr closing a~aO.li.no of 9PM. This variance is necessary due to the following unique and special conditions of the land not found in like districts: Not applicable. The following alternatives to the requested variance are possible: Not : applicable. This variance will not be contrary to the public interest by virtue of the following ·~, ~. ' facts: ~~O~pi;:...:::e~r~a~t~i~·~o~n~o~f=-~t~h~i~·s~·.b~u~s~1.·n.L..L>;;;e~s"s=>--h"-=e~y~a~n......_.d--'9,_,P~M--.~x.~r ~~· 1~1~n~o~te-tG~r~e~ai:tttte~~~~~- par k ing problems as other businesses in this imm@Clis.to area are closed and therefo r e many parking spaces are available. The facts stated by me in this application are true and correct. 11 /~3 /tv Date Blk. 2, Lots 10 & 11 Boyett A & M Methodi.s t Church _ 417 Universi'ty College Statton, Tx . 7784Q Blk. 5, Lots Pt. 1 Tauber Wyatt, Ted 505 Universi.ty College Stati'on, Tx . 77840. Blk. 5, Lots: 2 Tauti:e.r Coo 1 ey, Bi'll J. 503 Glade College Station, Tx. 7784[ Blk. 5, Lot E /2 of 3 Tqu6.er s tu ob 1 e_f te 1 d , c •. l:L, P. Q. Box 2740. College Statt on, Tx~ 7784[ Bl k. 5 1 Lot W/2 of 3 Tau li e.r Wes 1 ey Founda, t i:on P .. Q. Drqwer K. College Stat t on, lx .. 77841 Texas A&M Un t ve.rs.t ty· Fi.sea 1 Qff i.'ce · Cok_e Bldg. College Stat t on , Tx. 7784G. Attn ; James B:ond • • • Zoning Board of Adjustment Minutes, April 20, 1982 page 5 that the only difference between paragraphs in Section 6-J would be concerning who was responsible for putting up the fence . Mayo then indicated that previously,Publ ic Hearings had been held for apartment site plan review and the biggest single question by single family residents was that of the screen fence between their property and that of adjoining apartments. Vie Cook made a motion that an y vari a nce to th e screen f e nce r e quir eme n ts be denied and that th e d e ci s ion of the Zoning Official r e quirin g a 6 ft. high continuous sol id fenc e to be l o cat e d along the southern prop e rty lin e an d 100 ft. of th e e astern proper t y lin e se parating the apartme n t proj e ct .from th e d e veloped Singl e Fa mily house s be upheld. MacGilvray seconded the motion. Motion carried unanimously. Harper indicated to Mr. Wright that he had a right to appeal to the County Corut and that the County Court is out of the Board's jurisdiction. Harper further indicated that if Mr. Wright now wanted an option to the screen fence, he must go back through the Zoning Official and the Planning and Zoning Commission. AGENDA ITEM #4: Consideration of a Variance to the rear setback for a room addition in the name of Michael Murphy at 305 Pershing. Michael Murphy was identified and s worn in, and agreed to reschedule this item on the agenda at a later date. He indicated that he would like to have an informal discussion which perhaps would clarify questions he had. Then he asked about the time 1 imit on a Variance. Kee referred to Section 10 as coverage of Use Permits, and indicated that the City Attorney should be consulted, but that her interpretation was that the Variance would continue as long as the Building Permit was alive. Harper thought the period of time could be extended on specific projects. Callaway reiterated that consultation with the City Attorney should take place about a "delayed variance" on a particular building. Murphy indicated that on the original Deed Restrictions indicated a 10 ft. set- back was required, but that current Zoning Ordinancemade it 25 ft. He also asked if a porch could extend into the setback and was answered that if the porch was open on 3 sides it could extend up to 6 feet into the rear setback line, but not the 12 ft. his drawing indicated. Harper moved to table this item until the next regular meeting of the Board. Cook seconded the motion. Motion carried unanimously. May 18, 1982 was identified as the next regular meeting date and Mr. Murphy was instructed to contact Kee regarding this agenda item by May 7th. AGENDA ITEM NO. 5 -Other Business. Kee referred to the Minutes of the April 21, 1981 Zoning Board of Adjustment meeting, Agenda Item No. 2: Consideration of a request for a variance to the parking requirements for a restaurant in the name of L & R Foods, Inc., 2700 Texas Avenue. Kee asked the Board how important were the hours of operation as stated by Mr. Lampo in granting the Variance to parking. She pointed out that part of the request to the Variance in 1981 that led the Board to approve the Variance was that the hours of his proposed restaurant were to be from 9:00 a.m. to 9:00 p.m., and that • • • Zoning Board of Adjustment Minutes, April 20, 1982 page b Mr. Lampo was now proposing to open some type of pizza parlor at that location, and she speculated that the hours might extend beyond 9 p.m. She further explained that Mr .. Lampo had indicated he might possibly close the restaurant to patrons at 9 p.m., and only have late-night delivery service after that time. Kee was advised by the Board to confer with the City Attorney to discover what alternatives the Board has in reconsidering this matter. Kee then referred to the update of Table A of Ordinance 850, and asked that the Board study it and notes A & B, and be prepared to give an interpretation et the next Board meeting. In the interim, she and Mayo would talk with the Fire Marshall so the Staff could come to an agreement as to interpretation. The intent of A & B is to have a fifteen (15) foot separation for a firebreak, as well as to allow lot 1 ine construction with appropriate firewall construction. Mayo pointed out that single family dwellings are usually 15 ft. apart, but that there is only 7i ft. of open space in which to work because of the fence on the property 1 ine. He also indicated that he had talked with the Fire Marshall who stated that the 7i ft. did not matter if he had rear access to the unit. MacGilvray made a motion to adjourn the meeting. Harper seconded the motion, which then carried unanimously. AGENDA ITEM #6: Adjourn. The meeting was adjourned . .. City o f Colle g e Sration POST OFFICE BOX 9960 I I O I TEXAS AVENUE C OLLEGE ST,'\TIO;\I, T EXAS 77840 Apri 1 30, 1 982 Sammie Lampo Farmer's Market Sandwich Shop 329 University Drive College Station, Texas 77840 RE: Hours of Operation of Restaurant to be located at 501 University Drive East Dear Mr. Lampo, At the ZBA meeting on April 20, 19 82 under "Other Business 11 I asked the Board Members if the hours of operation as stated by the applicant at th~ meeting on April 21, 1981, was a consideration in their granting of the variance requested. Each member present at the meeting in 1981 was present at the above referenced meeting except Mr. Jack Upham. Each indicated that the hours of ope ration was a pri me consideration along with the limit of 66 seats and the location of the building. Therefore, if you wish to operate the restaurant beyond the hour of 9:00 P.M. for other than "call-in-delivery service" only, you will be in violation of the conditions of the variance granted unless you have appeared before the ZBA again and had this condition removed. If .I ~may be of any assistance pl ea se 1 et me know. Sincere~~~ ~Kee u~~n~-Official JRK: vw Blk. 2, Lots 10 & 11 Boyett A & M Methodi.st Cnurch _ 417 Uni·vers ity College Statton, Tx . 7784Q Blk. 5, Lots Pt. 1 Tauber Wyatt, Ted 505 Uni'vers ity College Stati'on , Tx . 77840. Blk. 5~ Lots: 2 Tau0e.r Cooley, Bi'll J . 503 Glade. College Stati'on, Tx . 7784[ Bl k. 5, Lot E. /2 of 3 Tqulie:r Stul:iblefteld , C Ii P. Q. Box 2740- College Stati~n , Tx ~ 7784a Bl k .. s, Lot W/2 of 3 Tauue.r Wesley foundqtton P . 0. · Drqwe.r I( Colle.ge Sta,t t on , Tx , 77841 Te.xas A&M Un tv ers tty, Fi.sea 1 Qffi_'C e - Coke Bldg. College Stat t on Tx . 7784ff Attn; James Bond i·1r . Johnny Larapo L & R F o ods 2700 Texas Avenue Bryan , TX 7 78 0 1 ( !'OST O!=F i C E F'./Y·: rr.y;~.l I 1rn ·1 r:_;{,-\~; ,\\'U'L:i -~ CO !_U C::G~: ST,-\TIO:'-;, TE:;O:,\S 7 7tHO n a y 11 , 1932 RE : Parking Variance for Foo d S ervice Establishment at 501 Uni ~er sity , College .Station Dear }1r . Lampo : I have revie\'led the circu.'Tls t an.ce s o f the above variance ;-..Ti th Hrs . Kee . As you are aware , the Zon ing Board o f Adjustment granted a variance as .to the parking requi ~eme nts se t forth in the c ity z o ning ordinance . That variance was based on seve ral special conditions , includin g th e ?reposed hours of o pe ration . It was the sta£f 's original feelin g that th e hou rs of operation were of prime im;?or tance in this c 2ci sion, and subse q u e nt inquiry- b efore t he Boaid at its l ast rncet i Tig confirms this impression . Thi s letter wil l confirm Hrs . ~ee 's rece nt correspondence '1.lith y o u conc erning the p er.r.1 ittec1 time of operations . If o peratio ns are continuing after the hour o f 9 :00 P .M., the staff 1.·1ill request the Bo::trd to :.-nake an official ·interpre tation o f the variance , and to authorize en f orcezen t action . If you do intend t o oper a te a~ter 9 :00 P .M., I would sugges t the reconsideration 0£ this I!'.a-tter by t}1e 3oa:i::-cl. Only in that mann e r may we determine whether or not the remai ning circ umst u ncc s and special conditions will justify the varianc e as to parking , under the propo se d extended hours of o peration . P l eas e let me know if yo u h ave any qu es tion s concerning this m~ttcr , and I will do my b est to b~ cif as sistan ce . L ?D:jls City o f College Station POST OFFIC E BOX 9960 11 0 1 TEXAS AVENU E COLLEGE STATIO N , T EXAS 77840 November 29, 1982 TO WHOM IT MAY CONCERN: The Zoning Board of Adjustment for the City of College Station will consider a request for a variance in the name of: L & R Foods Inc. d/b/a (Farmer's Market) 2700 Texas Avenue Bryan, TX 77801 Said case will be heard by the Board at their regular meeting in the Council Room, College Station City Hall, 1101 Texas Avenue on Tuesday, De cember 7, 1982 at 7:00 p.m. The nature of the case is as follows: Modification of conditions of variance granted previously Re: Busine ss Closing Hours at 501 University Drive in College Station, Texas. Further information is available at the office of the Zoning Official of the City of College Station, (713)696-8868. Jane Kee Zoning Official LEGAL NOTICE : DATE(S) TO BE PUBLISHED: BILL TO: THE CITY OF COLLEGE STATION P. 0. BOX 9960 COLLEGE STATION, TEXAS 77840 TO 'l-?"rlm1 IT l'Ll\.Y CONCERi~: /, I~~ Ot/L.f/ --;::::::=' The Zoning Board of Adjustment for the City of College Station will consider a requ e st for a variance in the name of: L & R Foods Inc. d/b/a (Farmer's Market) 2700 Texas Avenue Bryan, TX 77801 Said case will be heard by the Board at their regul a r meeting in the Council Room, College Station City Hall, 1101 Texas Avenue on Tues.day_, December 7, 1982 at 7:00 .p.m. The nature of the case is as· follows:· Modification of conditions of variance granted prevlously Re: Business Closing Hours at 50~ U~ivers)ti Drive in College Station, Texas. ..... Further information is available at the office of the Zoning Official of the City of College Station, (713) 696-8868 ext. 247. Jane Kee Zoning Official . .