Loading...
HomeMy WebLinkAbout227 ZBA Charlie's Grocery October 19, 1982 park var\ City of College Station POSf OFFICE BOX 9960 11 0 1 TEXAS AVENUE COLLE GE SfATIO!'\, TEXAS 77840 March 18, l 981 MEMORANDUM TO: Zoning Board of Adjustment FROM: Jim Callaway, Zoning Official SUBJECT: Expansion of a non-conforming use -203 Fairview St. The request before the Board is to allow the expansion of an existing duplex in a single-family zone. The construction of the expansion has been initiated by the applicant. The Building Department has issued a Stop Work notice and the owner has applied for all necessary permits so as to be able to complete th e construction. I have Inspected this prop e rty with representatives of the Building Department and have found it to be a duplex, with two separate living units with s ep arate utility meters. I cannot verify the original int e rior layouts of the t wo units because of the stage of construction. Th e portion of the permit request that requires action by the Board is the enclosure of th e front porch, which increases the floor area of the non-conforming structure. This expansion is less than the 25 % limit established by the ordinance. Unl es s additional information is brought for ward at the meeting, there should be no problem with granting the request if the Board is so inclin e d. This request was not submitted in time for consideration at the regularly sche duled meeting. We hav e asked the Board to meet to resolve this issue in a timel y matter becaus e of the status of the st op-work notice and the need to issue th e necessary pe rmits or initiate proce edin ~s in Municipal Court. Du e to the fact that no requ es ts were submitted prior to th e deadline for sch e duling, the minutes of the last meeting were not rrepBred for review by the Board. We will attempt to have these minut es comp l e te in time for inclusion with this packet. If not, the minutes will be includ ed in your n ext pac ket . -------------------------___________ __._ • • MINUTES CITY OF COLLEGE STAT ION Zoning Board of Adjustment March 24, 1981 MEMBERS PRESENT: Acting Chairman, Mathewson, Burke, Upham, Wagner; Alternate, Boughton MEMBERS ABSENT: Harper STAFF PRESENT : Zoning Official, Calloway; Planning Assistants, Kee and Longley AGENDA ITEM NO. 1 -Consideration of a request for the expansion of a non-conforming use in the name of Johnny A. Martinez, 203 Fairview Street. Zoning Official Calloway presented background information concerning the construction which had beenoccurring without a permit at the above address . A stop work order was issued and Mr. Martinez was notified of the necessity of acquiring a building permit and that the Zoning Board of Adjustment would need to authorize the permit since Mr. Martinez was expanding a non-conforming use. The Building Official informed Mr. Callaway that the structure is actually a residence with a separate living unit attached in the rear . The structure is in an R-1, single family zone . Mr . Callaway informed the Board that Mr . Martinez's request involved changing the interior layout of the structure which would result in two living units of approxi- mately equal size and enclosing the front porch. Mathewson asked about the general character of the neighborhood. The Board discussed that the area is largely a single family neighborhood east of Fairview Wt-th smaller rental units and non-conforming uses along portions of Fairview and west of Fairview. Elizabeth Martinez, representing the applicant, explained the request. She informed the Board that the structure was a duplex when Mr. Martinez purchased it and that it needed repair . Upham stated that the situation appears to be an attempt to go from essentially a single residence with a minimal possibility of being called a duplex to a formal duplex situation . He stated that the Board 's mandate is to try to avoid perpetuating a situation which is out of phase with the City 's Plan. Burke questioned if the aim of the Plan is to bring this area back into a single family area. Mathewson asked if anyone called to object to the request and Callaway replied that no one had objected . Mathewson moved that the request for a variance on the property located at 203 Fairview Street be granted on the grounds that the granting of the variance would not represent a threat to the health, welfare and morals of the citizens of College Station . Burke seconded the motion. \ ~ • • Minutes Zoning Board of Adjustment .•M~rch 24, 1981 Page 2. Upham stated that this is the first case of this nature for this area to come before the Board and the Board should realize that a prec e dent will be set i f it grants this variance. This area will be receiving the Board's seal of approval to go from a basically single family area to a duplex area. Wagner asked for an interpretation of Section 4-1.3. of Ordinance 850 referring to the 25% limit on enlargement of a non-conforming use. Does this include rearrangement of interior space? Callaway responded that the Staff had discussed this issue and is looking to the Board to resolve this point. Mathewson stated that the Board had, in a previous case, set a precedent that if any part of a structure is non-conforming then the entire structure and its associated structures on the lot are non-conforming. Callaway explained that in the same case the Board established a policy that in future cases non-conformities of the type where there is a detached structure, then the principal structure, in residential cases, would not have to come to the Board. The Board agreed. Burke stated that in her opinion, enlargement is an addition .or an increase in the size of a structure. Wagner agreed. Callaway pointed out that a key point is whether this proposal will prolong the life of the non-conformity as stated in Section 11-B.3.b. of the ordinance. Uphan stated that the intent of Ordinance 850 is fundamentally in opposition to this request. After further discussion, the question was called. The motion failed by the following vote: Against -Burke, Upham, Wagner, Boughton. Callaway asked the Board if they would like to consider the enclosure of the porch separately as it falls below the 25% expansion limit outlined in Sections 4-C.3 and 11-B.3 of the Ordinance. Mathewson moved that the variance be granted to property located at 203 Fairview Street for the purpose of enclosing the screen porch with a permanent wall and that this would not represent a risk to the health, welfare, or morals of the Citizens of College Station. (Mathewson clarified that this motion involves only the porch and not the interior design or use). Upham seconded the motion and it passed unanimously. There being no further business, the meeting was adjourned . ZBA -C's W City of College Station POSf OFFICE BOX 9960 CO LLEGE STATI ON, TEXAS 77841 ( •• ZBA -C's -~~ . City of College Station '1JJ POST OFFICE BOX 9960 ~ COLL EGE STATI ON, TEXAS 77841 CERTIFIED e 319 422 33& MA IL C:L.AIM C:Ht:C:K NO. 37748 QHOLO OAT[ Deuctlecl '- PS F-3141-A Oct. 11110 ,. ZONING BOARD OF ADJUSTMENT FILE NO. ---- Name of Applicant -~J~·~E~·~·~R~o~b~b~i~n=s:.._i•---=S~r~·-D~BA=•=--C~h~a~r~l~i~•~'~~~~G~r~o=c~e~r.y _________ ~ Mailing Address --~2~2~1._U~n=i~v~e~r~s~i~t~y_D~r=i ~v~e --L._C~o~l=l~e~~~e'-"S~t~a~t=i=o=n~,-:T=e=x=a=s-~7 ~78~4~0~----~ Phone __ 8_4_6_-"""9_4_1 _6 ______ _ Location: Lot ___ _ Block ---Subdivision Description, If applicable ---------------------------~ NAME ADDRESS (From current tax rolls, College Station Ta x Assesso r ) ~-~-------------------------------'--------- ,. ZON ING BOARD OF ADJUSTMENT FT.LE NO. Present zoning of land in question c -1 Section of ordinance from which variance is sought ___ 7!...._-___;B=..2~·---=0..::.f..::.f--=P...:r...::e'-"mi==s~~J,•Q..9-.ation The following · specific ·variation from the ordinance is requested: That by the leasing of additional parking places directly behind our business, we have met the requirements of the Zoning Ordinance for the City of College Station; that by meeting these requirements in good faith we shall be allowed to utilize the tables and chairs placed in our store; that we are in reality, replaci ng a rather antiquated and somewhat haphazard "se ating"" arrangement of many years ·-that arrangement of sitting on the counters, various crate s and stools, which many of our c11 stomers have enjoyed i::i th@ past, This variance is necessary due to the following unique and special conditions of the land not found in like districts: As all of us know, the Northgate Shopping Area is unique and special in many ways. I, for one, am proud <:f some of the ways which make special. It is rich in ma~­ traditions and has given a special service to many past customers, and I hope , to _!Mny future ones. We are all aware that if we had to depend on the motor vehicles for which we must furnish parking spaces, that Northgate could not be the thriving .community which it is; and certainly could not give the measure of support to the city by th~-way of tax support ·that we surelY-:~o. Our walking customers and friends bring us at least 99% of our business. vie would like to offer them any added comfort that we can. The following alternatives to the requested variance are possible: " This variance wiil not be contrary to the public interest by virtue of the following :-: ' ~ .. facts: I can see no possible way that it could be contrary to the public interest to have a few less people on the walkways and curbs by giving them the alternative of having a reasonably comfortable place to eat an ice cream cone and spend a few relaxed minutes in a friendly and healthy atmosphere. You will have to admit that such chances and opportunities are not tha t abundant in this day and time. The 11 kids",as we fondly refer to them e~ bring their\ parents to see us -an honor which you may believe we do not take lightlyl The facts stated by me in this application are true and corre ct. t1 C' /) .-? / ' 0 October 8 , 8 2 ~ ~.A/1. ------------ {/Applicat;t Date BI k. I, Lots lA & 2A Boyett Loupot, J. E. 1201 Walton College Station, Tx . 77840 Blk. l, Lot lB & 2B Boyett George Boyett 107 Boyett College Station, Tx. 77840 Blk. 1, Lot 3,4, & 5 Boyett Mitchell, A. tstate % H. Mitche 11 107 Pershing College Station, Tx . 77840 Blk. 1, Lot 6 Boyett Martin, Helen S. P. 0. Box 2 College Station, Tx . 77840 Blk. l, Lot 7, 8, 11.5' ft of 9 Boyett Boyett, 0. H. Estate % L. B. Vance Horseshoe Bay Box 7807 Marble Falls, Tx. 78654 Blk. 1, 21.4' ft. of lt 9A Boyett Bankston, Norma Sue 1103 N. 11th St. Temple, Tx . 76501 Blk. 1, 3'of 9, lOA, & lOB Boyett Boyett, A. P. Jr . & W. C. 107 Boyett College Station, Tx . 77840 Blk. 1, llA Boyett Boyett, Jack P. 0. Box 1424 College Station, Tx . 77840 Blk. l, Lot llB Boyett Li nd 1 ey, L . B. P. 0. Box 509 114 E. Washington Navasota, Tx. 77068 Blk. 1, Lots 11-C, 12, & 13-A Boyett Boyett, A. P. Sr. & N. K. 315 Boyett College Station, TX. 77840 Blk. 1, Lots 13-B Boyett Xana Corporation 2500 E. 28th Odessa, Tx. 77976 81 k. 1 , Lots 13C, l 4B, l 4C, 15, & 16, Boyett Seeger, Annie Mrs. Est % Jack Boyett P. 0. Box 1424 College Station, Tx. 77840 Blk. l, Lot 14-A St 87.44 Ft . Boyett Boyett Investment 107 Boyett College Station, Tx. 77840 Blk. 2 Lot 12 Boyett Blk. 1 Lots 19 & 20 Boyett Baptist Church of College Station P. 0. Drawer EN College Station, Tx. 77840 Blk. 1, Lot 21 & 2 2:Boyett Vance, Marie L. Boyett : I . Horseshoe Bay Box 7807 Marble Falls, Tx. 78654 Blk. 1, Lot 23 Boyett Bryan, R. A. 1813 Shadowwood College Station, Tx. 77840 Blk. 6-7 , Lot 1-13 Boyett Presbyterian Church 301 Church College Station, Tx. 77840 Blk. 6-7. Lots 14 & 15 1:3oyett Mei Iler Re s arch Inc. P. U. Drawer CB College Station, Tx. 77840 Blk. 6-7, Lot 26 Boyett Johnson, Charles F. P. 0. Box 10066 College Station, TX. 77840 Blk. 6-7, Lot 27 Boyett Cowan, Keith 301 College Main College Station, Tx . 77840 Blk. 6-7, Lots 16, 17 & 25 Boyett Nelson, Bardin P. 0 . Box 1465 College Station, Tx. 77840 LEGAL NOTIC E : DAT E(S) TO BE PUBLISHED: BILL TO: THE CITY OF COLLEGE STATION P . 0. BOX 9960 COLLEG E STATION, TEXAS 77 840 TO \.;'d0::-1 IT l-L!\.Y CONCERN: The Zoning Board of Adjustment for th e City of Coll ege Station will consider a request f or a variance in th e n ame of: J. E. Robbins, Sr. dba Charlie's Grocery 321 University Drive College Station, TX 77840 Said case will be heard by the Board a t their regul a r meeting in the Council Room , College Station City Hall, 1101 Texas Avenue on Tuesday~. October _ 19 , 1982 at 7:00 .p.m . ', The nature of the case is as · follows: Request for ~ariance 1 to location of required parking spaces at 321 U~iversity Dr. Further informat ion is available at the offi ce o f the Zoning Official of th e City of College Station, (713) 696-8868 ext. 247. Jane Kee Zoning Official ·. City of College Station POST OFFICE BOX 9960 11 01 TEXAS AVENUE COLLEGE STATION, T EXAS 77840 Oc tober 11 , 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: J . E. Robbin s, Sr. dba Charlie's Groc er y 321 University Driv e Colleg e Station, TX 778 40 Said case will be heard by the Board at their regular meeting in the Council Roo m, College Station City Hall, 1101 Texas Avenue on Tuesday, October 19, 1982 at 7 :00 p.m. The nature of the case is as follows: Request for variance to locati o n of required park in g spaces at 321 Universi ty Dr. Further information is available at the office of the Zoning Official of the City of College Station, (713)696-8868. Jane Kee Zoning Official