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Home My WebLink About218 ZBA Aug 16, 1983 Appeal Alfredo's Tacos Al Carbonl: z < II lJ IA ~ 0 D ( II ~ ll II . ' 1' ·:> ? h 4 ~I ../ .J :/} r -f .J ti/ J.../) j I if~\)° ju : ; : •• 1.,, ~ .../.. p'_v f' /) J s· '" ') ... ,._ _,._ -:/· .L I •.. 7i ). --' . J ,, p o 11.I _::i v..{ .I ,.-----.._,.' __ .__,q:_aat.. a .i.a1 t:taen 'dJ.. · WN, g ______ ...__ ____ _,... __ _ -----. ---":------..:. .. · _o -."!t.. 1 _o-:e a . ,G\ C'l rJ .. 0: ' ~--~-~- ~-------------I o g '----"-'1 4'_-~ t~..,f -' I\) ID I • °: o-oa .. . .J..3 3t:i J..6 A3N B'1.1.5 J} 0 ••• o, - .. . ' . ,. ' I HOt:2nH:l .1. OOH.1.9 L .. T ·10, 11 Boyett BK -5 P -L3 A&M Methodist Church 417 University Dr. College Station, TX 77840 BK 5, LT pt 1 Tauber Ted Wyatt 505 University Dr. College Station, TX 77840 BK 5, LT pt_l __ Tauber Northgate Pizza Hut Inc. P.O. Box 3037 Bryan, TX 77801 BK 5, LT pt 3 ~ Tauber q Kathleen Stubblefield P.O. Box 2740 College Station, TX 77840 BK 6, LT 1 Tauber Bobby L. Holliday P.O. Box 4167 Bryan, TX 77801 BK 6, -LT -2,3,4,5 Tauber St. Mary's Catholic 103 Nagle N. College Station, TX BK 6, LT 6 Tauber Kelley s. Broach P.O. Box 3819 Bryan, TX 77801 BK 1, LT lOA Replat Tauber Phillip B. Goode P.O. Drawer DT Church 77840 College Station, TX 77840 TAMU James B. Bond 319 Systems Bldg. ! . College Station, TX 77843-1116 . ...... ' . ' ·. , t.i:}~ ; .... t"· . -. . . . '.;"· .' I::,~~• . ~ : .. --: . . . . .. .'·· :.. ... __ ...... •• ·:• .. ·~:··:-I · .. \ ... :-:~. : . .:-;.:· .. -. / ( ZONIN~ BOARD OF ADJUST MENT FORMAT FOR MOTIONS Appeal of Plann i ng & Zoning Commission Decision (Section 7-D.ll & 11-E) I move to uphold the decision made by the Planning & Zoning Commission in the enforcement of Section 7-D.3 of this ordinance, as the decision meets the spirit of this ordinance and substantial justice was done . . tr' move to reverse the decision made by th e Planning & Zon i ng Commission in the enforcement of s_:=tio~7-D.3~f this ordinance for the following reasons: -----· /----- ! /~ IN---~ ,:J&b ~± ~ S:-coo~co ~' ------~ , ---. -n -·tt -·-;,-x-.:::c~ S ..n ·-r .. ,-..:(}-,' AA w:i2f.:\iw ------61~~ ~ ~·-·-·-l -,..-~ · u ~~~~-¥~~~----\,J .. -f/V' ~~~ ~i-o .- ZO:-\ING BO :\RD OF ADJUST ~IB NT FILE NO. --- Mailing Address Name of Applicant !1L £-£.£j) & 7J£Rg£,'h JR_ . ,~o c; t/dbt!EL:S1r,V .4?e. Phone c57V4'-38Z'F Location: Lot Block Subdivision --------- Description, If ap p lie able ----"S=--D_Cj+--___..L,.,,4+-+'A-.....J _,_I =-·tJ~E=(L--'~"-'J'-'t~Y---'V='--"12=--_,_. _____ _ c ~S_; ~ .r, .. NAHE ADDRESS (From current tax rolls, College St a tion Tax Assessor) I ··'· zmH"NG BOARD OF AD.IUSH!ENT fJLE NO. Pre sent zon ir.g of land in ques tion C. - ~~~~~=-~~+-~~~~~~~~~~~-;-~~~~~~ Section of ordinance from which varia nce i s so ug~t The followin g specific variation from the ord i nanc e i s requ e st e d: This variance is n e c e s s ary due to the followin g uniq u e and special conditions of the ~and not found in like districts: The followin g alternatives to the requested v a ri a nc e are po s sible; This variance will not be contrary to the public interest by virtue of the following f~ct~: in th is appl i c a ti on are :re~ and c o r rec t. City of College Station POST OFFICE BOX 9960 I IOI TEXAS AVENUE COLLEGE STATION, TEXAS 77840·2499 August 10, 1983 MEMORANDUM TO: Zoning Board of Adjustment FROM: Jane R. Kee, Zoning Official SUBJECT: Appeal by Al Gutierrez, Tacos Al Carbon On July 21, 1983 the Planning and Zoning Commission denied a site plan for Tacos Al Carbon at 509 University Drive. The request by Mr. Gutierrez was for an outdoor canopy with seating. Attached see the Project Review Committee (P.R.C.) report and the P&Z minutes relative to the site plan. The canopy had been installed without a permit. Hr. Gutierrez was notified and he applied for a permit on 6-21-83. The site plan proposed to utilize the area fn front of the canopy for parking, This area has been used for parking without an approved site plan, and the staff has been concerned about this situation as traffic has been backing onto University Drive. However the site plan presented at P,R.C. did not specify how the area was to be utilized for parking. Mr. Gutierrez did not turn in further site plans as required prior to P&Z, and he did not appear at the meeting. The staff has no problem with the canopy and seating as long as the total seating does not exceed the parking provided in the rear. However, the staff very much wants Mr. Gutierrez to submit a plan for the front area as soon as possible. The ZBA is being asked to consider the canopy and seating only, because no specffic proposal of parking was made to the P&Z. If the Board approves the canopy, the staff would request that a condition of the Board's motion be that Mr. Gutierrez be required to present a parking lot plan to P&Z by a specified time, and approval is contingent on this. sjv , Att6·. 3 . 000/IJ Dc.~6G-1/JE.. Fo1L FIL ltlG PROCEDURES 4u7. /~; Z3A- /Yl~cT//l -7:o ojl/Y7 . ZONING BOARD OF ADJUSTMENT Introduction: The Zoning Board of Adjustment (ZBA) hears requests for variances and use permits, and considers appeals from decisions of the Zoning Official. The Board is a fact finding bod y which must determine the existence of unique and special conditions of the land which create an undue hardship other than financial only for the appl i cant in order to grant variances. The Board makes pol~considerations-in deciding appeals and in the consideration of use permits. Positive action by the Board r e quires an affirmative vote by 4 of the 5 members. Recourse from decisions of thi s Board is to a Court of Law. Appeals must be made within 10 days of the Board's decision. (l) In order for the Board to consider a case, there must be on file with the Zoning Official a completed application. (2) The complete application must be received by the Zoning Official no later than noon on the Wednesday preceeding the publication date. (3) Fees: There is an application fee required of $10 .00 for each application plus $2.00 for e very property owner within 200 feet. This fee must be pa ~d at the Tax Office and a receipt and the 1 ist of property owners as prepared by the Tax Office turned in with the application to the Zoning Official. This fee covers notification costs and is subject to change as rates increase. THE TAX OFFICE NEEDS AT LEAST 48 HOURS NOTICE TO PRODUCE A LIST OF TAXPAYERS WITHIN 200 FEET OF THE SUBJECT PROPER TY. (4) The applicant must be present at the meeting of the Zoning Board of Adjustment meeting for the application to be considered. (5) There will be no item placed on the Board agenda nor any notice published until ~of the materials mentioned above are complete and in hand. We provide no materials to the Board in support of a request except that which we receive from the applicant and can reproduce in-house (8 ! x 14 maximum size, 1 ine work). (6) Application; page (a) Must be typed by the applicant. (b) Owners within 200 feet must be determined by the Tax Office. Owhers ,whose property in any part falls within the 200 foot distance should be 1 isted. Measurement ~tarts from the property 1 ine of the lot or tract i~ question, or, if the tract is bounded by a street, from the opposite side of the street. (c) The name s and addresses must be as they appear on the City Tax Rolls, even if they are wrong or out of date. (d) Additional notices will be sent to any corrected address the applicant supplies , when he feels there is an error with the tax rolls. Application; page 2 (a) The Zoning Official will assist you in finding the zoning of the tract, identifying the section of the ordinance and specifying the variation. (b) The remaining sections address themselves to the three -findings that the Board must make in order to grant a request. If the Board cannot agree with any one of these, they will not be able to grant the request. (c) If you cannot fully explain your request by the questions asked on the form, a letter will be required, explaining the full implications of the request. The application will not be considered completed until this letter is submitted. ZBA Filing Procedures page 2 (7) (8) (9) (10) ( 1 1 ) The application must be reviewed by the Zoning Official before it can be considered completed and filed. Notice will be given to the applicant as to this consideration. It is the responsibility of the applicant to complete all phases of the application filing and to check to be sure his application is considered complete by the Zoning Official. The applicant will be notified as to the date the application will be considered by certified mail. There will be no other reminders of the meeting, other than when the applicant phones the office. Notice of the hearing will be published on the Wednesday preceeding the meeting and will be mailed by the office of the Zoning Official to the owners within 200 feet and the applicant. The complete application must be received by noon on the Wednesday preceeding the date of publication in orde r for us to meet the publisher's deadline. r Should any person desire to appeal a decision of the Board, he should do ~o within 10 days after the filing of th e d e cision. The chairman will complete his state- ment of findings after the hearing which will constitute filing of the decision. A du p licate tap e of the proc eedings will be made available to the appellant's attorney upon request and upon receipt of compensation for the 120 minute cassettes used for the duplication. No transcript is made of the hearings. Minutes of the proceedings are paraphrased as appropriate, in the judgement of the recorder, to reflect points of the discussion pertinent to the decisions rendered. May 23, 1983 MEt10RANDUM TO: FRotl: SUBJECT: City of C o l l e g e S tation POST OFFICE BOX 9960 110 1 TEX-\S A\'E~l'E COLLEGE STATION. TEXAS 77840-2499 Fi re t1arshal Jane R. Kee, ZBA Items & Building Officia!J Zoning Officia9"' If yo u would 1 ike any comments forwarded to the Zoning Board of Adju s tment c~e~~uests, please for ward them to me by Mo nday, ~ tL:---by 5:00 P.M. sj v City of College Station POST OFFICE BOX 9960 I IO I TEXAS AVENUE COLLEGE STATION. TEXAS 77840-2499 Augu s t 8, 1983 TO WHOM IT MAY CONCERN: The Zoning Board of Adjustment for the City of College Station will consider an appeal in the name of: Alfred Gutierrez, Jr. 509 University Drive College Station, TX. 77840 Said appeal will be heard by the Board at their regular meeting in the Council Room, College Station City Hall, 1101 Texas Avenue at 7:00 P.M. on Tuesday, Augus t 16, 1983. The nature of the case ls as follows: Appeal of the decision made by the Planning and Zo~ing Commission c onc e r n i ng de ni a l of issuance of_ a Building Permit for additions to th e busine s s operating under the name of Alfredo's Tacos Al Carbon located at 509 University Drive , Further information ls available at the office of the Zoning Official of the City of College Station, (409) 696-8868. Jane Kee Zoning Official LEGAL NOTICE : DATE(S) TO BE PUB LI SHED : BILL TO : THE CITY OF COLLEGE STATION P. 0 . BOX 9960 COLLEGE STATION, TEXAS 77840 TO WHOM IT MAY CONCE RN : The Zonin g Board of Ad justment for the City of College Station will cons ider en appeal in the name of: Alfred Gutierrez Jr. 509 University Drive College Station, TX 77840 Said case will be heard b y the Board at their· regul ar mee ting in the Council Room, College Station Cit y Hall, 1101 Texas Avenue on Tuesday, August 16, 1983 at 7:00 p·.m. The nature of the case is as fol lows: Appeal of the decision made by the Planning and Zoning Commission to deny issuance of a Building Permit for additions to the business operating under the name of Alfredo's Tacos Al Carbon located at 509 University Drive. Furth er information is availab le at the office of the Zon ing Official of the City of College Station, (713) 696 -8868 Jane Kee Zo nin g Official August l 0, 1983 Al Guiterrez Tacos Al Carbon 509 University College Station, Texas 77840 Qify Qf College _Station POST OFFICE BOX 9960 11 0 1 TEXAS AVENU E COL LEGE STATION, TEXAS 7 7840-2499 RE: Tacos Al Carbon Restaurant -On Street Parking Dear Mr . Guiterrez: As per our discussion of August 5, 1983 at your restaurant, I shall expect to see a site plan for at least the University Drive side of your restaurant presen t ed to the Planning Office during or before the first part of December 1983 (Dec. l to Dec. 15). The site plan shall address the parking problem we discusse d in the front of your restaurant with a solution which will eliminate any parking in front of that location when your "sidewalk cafe 11 concept is in use. As we discussed, the elaborateness of your site change will be your decision but it must address and correct the random parking which now exists. Diagonal or straight-in parking is not permitted on major streets under the current City Ordinances of this City as a general practice, and is not permitted at all on State Highways where off-street parking is available. Th i s arrangement relative to your site plan and parking problem has no bearing on any other city code or ordinance problem you may have. I point out to you that should some other business occupy your site it must ultimately address the site plan and parking problem should you choose to dispose of your property without making the appropriate changes to the site plan. Because of the expense that may be involved in complyi ng with the current City · requirements for the site plan, I s t rongly recommend you start immediately working with the , City Planning office to find a solution ~ An early site plan solution will enable you to better determine the costs you must incurr to accomplish an acceptable solution to your parking problem . DJP: vw cc: Al Mayo, Director of Planning Jane R. Kee, Zoning Official .F~ Cathy Locke, Assistant City Attorney Date STAFF REPORT TO: Zoning Board of Adjustment DATE: August 8, 1983 FROM: Jane R. Kee, Zoning Official GENERAL INFORMATION: Applicant: Tacos Al Carbon -Alfredo Gutierrez Status of Applicant: Owner Location: 509 Universit y Drive Existing Zoning: C-1 General Commercial Requested Action: Appeal Purpose: To allow an outdoor canopy with seating to remain Applicable Ordinance Section: 7-D.ll Formal Appeals APPEALS See attached memorandum PHYSICAL CHARACTERISTICS: Lot Dimensions: 117 .25 x 180.0 Access: Two (2) curb cuts on University, 2 curb cuts on Stasney, 2 on the alley to the we s t. Topography: Not applicable Existing Vegetation: Not applicable Flood Plain: None ANALYSIS: Alternatives: Remove the existing canopy Hardship: Not applicable Ordinance Intent: Not applicable Previous Action on this Property: None by ZBA Original permit approved 8-7-81. ATTACHMENTS: Application List of Property Owners within 200 ft , Site Plan P.R.C. report P&Z Minutes Memorandum from Zoning Official ZBA-Tacos City of college Station POST OFFICE BOX 9960 COLLEGE STATION, TEXAS 77841 r Station , TX 77840 DATE ~-J..15 I NOTICE ZNDNOTICE RETURN .... .,,.~~ ....... ...,,~ -~-,, ...... -·'· ·---~. -.. -.::: .• -.D ,. ~· -Cu. Wtlb1t DELIVERED& PS Form 3849-