HomeMy WebLinkAbout231 Zoning Board of Adjustments May 17, 1983' I t
AGENDA
May 1 7, 1983
7:00 P.M.
Zoning Board of Adju stment
CITY OF COLLEGE STATION, TEXAS
1. Approval of Minutes -Meeting of April 19, 1983.
2 . Consideration of an appeal of a Planning & Zoning Commission decision
denying site plan approval due to the lack of an 8 foot setback on a
parking lot at 1806 Welsh Street. Appeal is in the name of Jan-Wic Homes, Inc.
(This item was tabled at the April 19th meet in g).
3. Consideration of a variance request to Section 8-D.9 of Ordinance 850
1 imiting commercial businesses to one detached sign. Applicati on is in
the name of Plantation Oaks Apartments/Tower Pr operties LTD. , (This item
vJas tab 1 ed at the Apr i 1 19th meeting).
4. Consideration of a variance request to Section 7-C of Ordinance 850
regarding the number of required on-site parking spaces provided at
a project located on Valley Vi ew Drive and the Texas Avenue frontage road.
Application is in the name of Auto Hor se, Inc., a Texas Corporation .
5. Consideration of a variance request to Table A of Ordinance 850 regarding
side setback requirements for the erection of a carport at 303 Walton.
Application is in the name of Dorothy & J. G. Mackin.
6. Consideration of a variance request to Table A of Ordinance 850 regarding
side setback requirements for the erection of a patio cover at 303 West
University (Bogie's Restaurant). Application is in the name of A.P.Boegner
303 Inc.
7. Consideration of a variance request to Table A of Ordinance 850 regarding
rear setback requirements for the . erection of a garage at Lot 16 Block 2
of Emerald Forest IV Subdivision, located at the corner of Rosebud & Bent
Tree. Application is in the name of Ranco Home.
8. Other Business.
9. Adjourn.
MI NUTES
CI TY OF COL LEGE STAT I ON, TEXAS
Zoning Board of Adjustments
April 19, 1983
7 :00 P .M.
MEMBERS PRESENT: Acting Chairman Dan MacGi l v r ay , Members Upham, Wagner, Alt ernate Mem ber
Li ndsay and Counc i l or Boughton
MEMBERS ABSEN T : Cha i r man Co ok a nd Memb er Donahue
STAFF PRESEN T: Zoning Official Kee, Ass't to Zoning Offic i al Dupies, Director of Plan -
ning Mayo and P l anning Tech nici an Volk
Dan MacGi l v ray was chosen Act ing Cha i rman by acclama ti on p ri or to Age nda It em #1 .
AGENDA ITEM NO . l: Approva l of Minutes from March 15 , 198 3
Mr. Wagne r po i nted out a typograph i cal e rr o r in the Agenda head in g for .Agenda It em No . 2
which in erro r in d ic ated No. 22 . After this chan ge , Mr. Upham made a mot i on to app rove
the minutes wi th tfr. \·lagner seco nd i ng . Motion carr i e d unan i mously.
Mr . MacGi lvray then in formed the audience that f o r any va ri a nce to be granted , fo ur votes
in f avo r must be cast a nd be cause o n l y four members of the Board are present at this me et-
ing, voting must be unani mous to approve a ny variance.
AGENDA ITEM NO. 2: Co n s id e r a ti on of a var i ance to the mi nimum l ot depth (Table A) f o r
townhou se l ots, in the Villa on the Rio Grande Subdivi s i o n (a new subd i vis i on). AppJ_J_-
cat i on i s in th e name of To n y J o n es .
Tony Jon es came forward, was sworn in and presented th e backgro und of the plat, exp lain ed
the r equest and th e r easons for it which included the configuration of that particular l ot
wh i ch is the r es ul t of a very wide easement for the Bryan Utiliti es 1t.'hich runs througf-· u-.~,
property. He informe d the Board the sq uare footage is much mo r e tha n normal l y req uir ed in
R-3 or R-4 zones, but t he depth i s _not the required depth .
Mark Sadoski cam e forwa r d a nd was sworn ini he state d that he was an area resid ent and
asked where the ma in e ntr a n ce to this townhouse project wi ll be . Mr . Jones point ed it
out. Mr. Sado sk i th e n spoke of his objections to hav i ng large dumpsters in full view on
the s tr eet in front o f projects and Mr . t1acGi lv ray exp l a in ed that the on l y thing th i s
Board can consider at th i s mee ting i s th e lot di me nsi o n s referred to in th e request . He
furth e r inform ed t\r. Sadosk i that he s hould vo ic e this objec tion to the City Council .
Mrs. Kee then indi cated that staf f has no prob l em with thi s variance request. Discussion
con c e rning the proposed project fo l lowed after wh ich Mr . Wagner made a motio n to a uthorize
a variance to th e l o t depth (Tab l e A) of Lot 15 from the terms of th i s ordinance as i t
wi I l not be contrary to the public int erest due to the fol lowing unique and special co ndi-
tions of the land not normally found in li ke d i s tricts : (1) the unique boundary configura-
tion necessitates th e va ri ance for se tba ck a n d the lot in ques tion has more square footag e
tha n normally r eq uir ed a nd beca u se a st rict e n forceme n t of th e prov i s i ons of the ordinance
wo u l d result in unnecessar y hard sh ip, and such that the spirit of this ord i nanc e shal 1 be
obse rved and s ub stantia l jus t i ce done. t1r. Lind say seconded; motion carried unanimously
(4 -o).
AGENDA ITEM NO . 3: Consideration of a variance request to Sect i on 8-D .9 of Or dinance 850
li mitin g comme r cia l b u s in esses to one detached sign. Application is in the name of Planta-
ti o n Oaks Apartments/Towe r Prop e rt i es LTD.
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There was no one p r ese nt to represe nt th e app lic ant, t herefo r e Mr. MacG il vray mad e a
mot i o n to tabl e th i s it em u ntil the nex t mee ting . Mr. Lin dsay se cond ed the mot i o n v1 hic h
carri ed unanimo u s l y (4-0).
AGENDA ITEM NO. 4 : Cons i derat i o n of a va r i a nc e r e qu es t to Sect i o n 8 -D.3 Ordinan ce 850
limitin g the area of a s i g n to 150 sq ua r e feet . App l i c a tion i s in the name o f Mo nac o 11.
Ltd., dba Agg i e l and "C " Apa rtme n ts .
Me l Chase, r ep r ese ntativ e of the app li cant came forward, ide ntifi ed h i mse lf and 1·1as s1-1o rn
in . He ga ve th e backg r o und of th e apa rt me nt s and th e exist in g s i g n in excess of 180 sq .
ft. whi ch replac es 6 non-conformin g s i g ns whi ch to t a l l ed in excess of 180 sq . ft . whic h
the apartme n t s pre viou s l y had . (He sa i d th ey had simpl y replac ed 6 s i g ns 1v i th one of
eq ual size). He th e n exp l a ined the r e quest citing uni que a nd s pec ia l conditions wh i ch
inclu ded th i s ex istin g s i g n not be in g l ocated in a normal pos i ti on for a s i g n to adve r ti s e
something (it i s d i fficult to se e it f r om a major s tr eet). Mr . Upham t a l ked about ru l es
concerning non-conforming uses a nd th e us e ful lif e of a non-conforming s i gn , p lu s the fac:
that th e no n-c onform i ng de tach ed signs had s in ce bee n r ep l a ced by 2 detached si g ns . Mr .
Cha se pointe d o ut that these s i g ns rep r ese nt e d 3 d iff e rent businesses wh i ch have d iff e r e nt
ow ne r sh i ps, ta x n umbe r s , e tc. Mr. MacGilvra y po int e d o ut the l ocation of the s i g ns o n
a map on the wa ll wh i ch Mr. Cha se had prese nt ed at the mee ti ng . Mr. M~cGi lvra y a s ked ~ha:
had l ed to a n y action, and Mr. Up ham s tat ed that th e s i g n which had been painted o n t he
bu il d in g i s too lar ge . Mr . Ch ase s ai d the s i g n pa int e r had desi g ne d this s i g n to replace
6 s i gns , and t hat the applica n t had be li eve d the pa in ter k n ew th e ordin ances . Ovm e r shio
of th e apa rtments v s . in vestors in the apa rtment s was d i sc ussed af t e r which Mr. Mac Gil v ra\·
int e rru pted and asked w~at the r eq ues t i s for. Mrs. Kee po int e d o ut that the r e q u es t
concerns the s i gn o n the b uildin g whi c h i s l a rg er t ha n the o r d in a nce a ll ows , b u t that s taff
.-req uests that th e Board cons i de r the 2 de t a ch ed s i g n s as we ll, becaus e her in for mati o n
from the City Tax Off i ce in d i cat es th at a l l three prope rti es a r e own ed by Callaway Prooer -
ties . Mr. Ch ase sa i d th at Ca l la way P roper t i es had o n l y mana ge d the properti es fo r 9 ~ont h 5.
but i s no long e r ma na g in g them . He ad d ed th a t the books ha d been chang ed over on Februar v _
1983 in the Cit y Tax Offic e . He asked to be a l l owe d t o po int o u t more uni q u e and special
conditi o ns c i tin g that the s i g n could be r ea d from o ne di r e ct i on o nl y (not do ubl e s i ded )
a nd th e tax roll s li s t th e proper t y as zo ne d both C-1 a nd R-6, and th e n he requested cla r i -
f ication, because R-6 regulations are be in g app l ied to Lots 18, 19 & 20 wh i ch are zoned
C-1 . Mr s . Kee confir me d this, s tating th a t C-1 use all ows o nl y one d etached sign a nd is
mo r e restrict i ve than R-6 . Mr . Wagn e r asked if the detached s igns are in the Ci ty ri ght -
of-way a nd Mr s . Kee i ndicat e d that sh e believes th ey a r e . Mr. MacGilvray asked i f there
a r e thr ee s i g n s or o ne s i g n which a r e being con s i de r e d tonight. Mr. L i ndsay r equested
that a ny act ion to ni g ht be l i mit e d t o th e o ne s i g n wh i ch i s l i sted o n the r e qu est for
var i a nc e , t ha t be in g the s i g n pa int e d o n the bric k a nd maso nr y wall and wo ul d be covered
und e r Or dina nc e 850 Se cti o n 8 -D .3 . He f urth e r stated that th e issue i s whether that o ne
s i g n s ho ul d be al l owe d to be g r eate r than th e a l l owed 150 s quar e feet in s iz e. Mrs . Kee
s ti l l r e qu es t ed c l a rifi cat i o n concern i ng t he two de ta ched s i g ns, and Mr . Lind say sa i d th i s
sh ould take p l ace a t a nothe r ti me whe n a no th e r req uest for va rianc e, or appeal of a decis i o~
is f il ed . Mr . Upham asked fo r so me k i nd of p r oof o f separate ow ner s hip sho ul d these signs
come up in the futu r e . Mr. Ch ase indi cated that 8 11 of this s i g n cou l d be sa n dblasted f ror
the t op , an d 7 1 1 f r om each s i de , a nd it wou l d comp l y b ut wo uld no t be v ery pre tt y , o r the y
cou l d go back to mo r e temporary s i g n s as be fo r e c i t in g they had no t ceased t he u se of the ~
f o r 12 mo nth s (O rdin ance 850 Sec ti o n 4 -D.3 . Mr s . Kee passed a r o un d pi c tur es of 3 si g ns
odverti s ing 11 Aggi e l a nd Apa rt me nt s ", a nd sa id there is a q ues tion as to whe th e r these sign s
a r e ne w o r no n-confo r min g s i g n s whi c h have been pai nt e d and a n a d di ti o na l new s i g n. She
s a i d t h e app l i ca nt o r rat her Ca l l away Pr op e rti es had been no tifi e d in Feb ruar y that they
\·JO uld be a l l o we d on l y o ne s i g n (fo r o ne apa rt me nt project), but they apparen tl y dec i ded
to r e f u se to comp l y or s impl y wa nt ed t o wa it until t hi s r eq uest wen t befo r e th e Board.
Mr s . Kee furt he r indicated th e Cit y r e c e i ved co rr e spond e nc e back in April acknowledg i ng
the l e tt er a nd r efe rr e d t o 11 Agg i e l a nd Apa r tme n ts" as 3 ap artment c omp le xe s. Sh e exp la ine o
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that s he ha d me nti o n ed i n the memo that the app lication does not refer to the othe r 2
sig n s , but s he i s r eq ues ting cl ar i fication o n them as we ll. Sh e explained t hat t he
Ma n agement i s conte ndin g that th e 2 sma ll e r detached signs had on l y be en r e painted a nd
the wa ll sign i s new a nd was pa in ted o n December 20 , 19 82 .
Mr. Upham repeat e d a n earl i er request to the effect th at no decisi o n shoul d be made o n
anything ot he r than that wh i ch i s stated in t he req u est for vari a nc e , wh i ch is o n e l a r ge
non-c o n form in g s i gn. Mor e d i sc u ss i on fo l lowed afte r which Mr . Lindsay made a moti o n t o
de n y a var i a nce to the s i gn (Sect i o n 8 -D.3) from the ter ms of this o r dinanc e as i t wil l be
co ntr ary to th e pub li c interest, due to the lac k of uni que a nd spec i a l con d iti o n s o f t he
land not norma l ly fo un d in li ke d i s trict s a nd beca u se a strict enforceme n t o f th e p r o -
v i s i ons of the o rd in a nc e wo ul d not r es ult in unn e c essa r y hard s hi p . Mr . Upham s ec o nd ed
t he mo t i on w h i c h ca r r i e d u n a n i mo u s 1 y ( 4 -0 ) .
Mr. Chase ind i cat e d from the aud i e nc e that he will wa n t to appeal th i s, esp e ciall y c o n -
ce rnin g C-1 and R-6 r e gulatio n s . Mr . MacG il vray informed Mr . Ch ase that appeal s of a ct i o rs
of this Board s ho uld be ta ke n to a Civil Court. Mr. Ch ase asked a quest i on fr om the f l o or
as to whet h e r or not the alte rnativ es h e had proposed ear l ier ~"o uld be s atisfact o r y t o
the Boa r d , a n d Mr . Mac Gi lvray a n swered t ha t as perta in ing to th e l a r ge si g n painted o n th e
s i de of the buil d ing , it 1·1ou l d have t o stay wi th in 150 s q . ft ., and t hat the 2 de t a c hed
signs which had be e n ref e rred to in conversat i on (but wh i ch we r e no t i nclud e d in th e
va r iance reque s t) had not be co me a part of thi s eve nin g 1 s act i o n.
AGE NDA ITE M NO. 5 : Co nsi de ration of an appea l of a Pl a nning & Zoning Commi ss i o n de ci s i o n
de ny i n g s it e p l an app rov a l d ue to the l ack of a n 8 foot se tb a ck on a par k i ng l ot at l t0 6
'vJe l s h Str ee t. App e a l i s rn th e name of Ja n-\·J i c Homes, Inc .
Mrs . Kee gave ba c kground t o th i s appea l of the P&Z Commission decisio n. Board Mem bers
Wagner, Lind s ay & Upham s tated t hey had bee n contac t e d by s omeo n e concern i ng thi s ap p l i -
cation b ut had d e clin e d t o disc u ss the i tem wi th them . Mr. McKean came fon-1ard a nd 1,·1 as
swor n i n, th e n r e quest e d that this it em be tabled unt il a later da t e when a q uo r um was
p r ese nt. Mr. McK e an was a dv i sed that a q uo ru m i s present at th i s date, but he clar i f i e d
by say in g he would pr e fer h i s appe al to be h eard by the Board when a ll membe r s are present .
Mr. Li ndsay made a mot i o n to tabl e this i tem until th e next mee ting. Mr. Upham seconded
the mot i on . Mot i o n t o table this appea l unt il the n ext meet ing carried un a ni mous l y (4 -0).
AGENDA ITE M NO. 6 : Co n s i de rati o n o f a request for expans i o n o f a no n-c onforming use . a
variance to Se ction l l of Ordinance 850, to a l low a n a dd i t i o nal mob il e ho me in the Pleasant
Va ll e y Mobi l e Home Pa r k. App li ca tion i s in the name of Joe Fazzino, Tru stee .
Jo e Fazz i no came forwa rd, was swor n in a nd i dentif i e d h i mse lf as the app li cant . He g ave
a b ri e f h i s to r y of th e mobi l e home park and of this particular mob ile home a nd stated that
he had reque s t e d t he e l e ctricit y to be transferred to his name at the ti me he pur c ha s e d tr.e
park whe r e t hi s mob il e hom e was in p l ace , a nd a t that time the Ci ty sa i d no i nspecti o n
\v as r e qu ir e d at e ach c han ge o f ow ne r sh ip. He furthe r s tat ed th e re has been no change in
the l o cati o n of thi s pa rti c ular mob il e home i n the mo r e than 5 years he has been aware o f
it . Mr . Up ham ask ed how t hi s had come about a nd Mr. Fazzino sa i d t he Cit y ins pecto r had
not i ced 20 hom e s inst e ad o f t he a ppr oved number of 19, whe n he ha d bee n cal led to make an
in s pe ction o f a n adjace n t mob il e home . Mr. Wagn e r asked how t hi s had come about and Mr .
Fa zz in o s a i d that o n l y 19 l o ts had been platted at the time the l and was annexed in t o the
City , and th e r e f o r e o nl y 19 e l e ctric meter s had bee n app r oved . He sa id this mobi l e ho me
had , s omet i me s inc e an nexa tion, bee n s e r v e d e l ectric it y from a me t ere d po l e through condu it
up to thi s home . He s a i d the probl e m is tha t he wo uld 1 i ke to get an e l ec trical perm it
to updat e th e wi rin g in thi s unit, a nd can not, beca u se th e re are o nly 19 pe r mi tt e d hookups
and t her e ar e 20 ho mes in the park . Th e Boa r d sugges t ed that thi s pa r k be r e pl atted to
s how 2 0 l o ts, a nd Mr. Fazzino po int ed out t ha t the Mo bil e Home Pa r k i s a ndn -conform in g
u s e be c a u se i t i s in an R-1 Sin g l e Fami l y Res i d e nti a l area , was brought into the City a t
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th e ti me o f a nn e xat i on that way, b ut had been a mob il e home par k at th e time of an nexation .
Rezon i ng was th e n s ugges t ed, a nd Mr. Mayo a n d Mr s . Kee informe d the Bo a rd that th i s had
bee n r e quested s eve r a l tim es i n the past and had bee n denied d ue to objectio n s from nei gh -
bo rs . Afte r furth e r d i scussio n concerning how th i s mi ght have o ccurr ed , it '.<1as es tabli shed
by Mrs . Kee that if th i s var i ance i s granted , the Board i s g ivin g this appl i can t pe rmi ssion
to ha v e 20 mob il e homes in t h i s pa r k e ven i f th i s parti c ul a r home i s moved o ut some ti me
1n the future. Other s peakers were ca l l e d for wa r d . Cl int Be rt rand was sworn in and spoke
as the nearest ne i ghbo r, i ndi ca ting that he does not o b ject to this o ne var i ance for this
o ne mob il e home i n the pa r k , a nd prefers this type of a cti o n rather than ha vi ng a l a r ger
par k estab li s h ed . W.D.Fi tch c ame forward, was swor n i n a nd stated that he owns l a nd in
the n e i ghbo rh ood a nd the mob il e hom e park has not hin de r e d de velo pme nt of the area, a nd that
he would be in fa vo r of g ranting t hi s expa n s i o n for th i s o ne mobile home , bu t that a ny
ot he r expa ns i on of the park s hould go through th e regular p roc ed ur e , which he wo uld ge n-
e r a ll y oppose . Mr . Upham made a motion to a uthoriz e the expa n sion of a non-con form ing u se
as s uch ex pa n sion i s necessary a nd inci dental to th e ·ex i s ting us e and does not incr ea se
the area of non -conform it y de vot e d to a no n-c o n forming u se and does no t prolong the 1 i fe of
the no n-c onfo r min g u se o r p r e vent a r eturn of s uch prop e rty to a conforming u se to wit to
a l l ow the tra i !e r wh i ch has been in the Pl e asant Vall ey Mob il e Ho me Par k fo r at least 5
ye a r s to have the p r esen t e l ec trica l conn e ct i on brought up to Cit y El ectri cal Code Standar ds
(Sec ti o n 11-B.3 ). Mr. Wa g ne r se conded fo r p ur poses of d iscu ss i on . Mr . L indsay r eq uested
that th e exac t tra il e r be i de ntified and th e app li cant then o ff e r ed to .have an ex act d ra 1·1in g
of th e p r ope rt y do ne by a n e ngineer wh i ch wo ul d id e ntif y the l ots and the tr a il e r s . Mr .
Upham the n amend ed h i s mot i on v•ith t he add i ti o n of th..., fo ll m·1 in g : "that the particular
t r a i !e r unde r discussi o n t o ni g ht (th e 20th t r a il e r i n this mob i le ho me court \·1 hic h 1vas
p latt e d for 19 tra il e r s} i s th e o nl y trai !e r covered by th i s mot i o n a n d that the ex pansi o n
i s subje ct to ex act i de n tif i cat i o n by a d r aw in g o f t he p r ope rt y by a n e ng i neer as off e red
by the app lican t." Mr . Wagner second ed th i s mo ti o n a s ame nd ed . Mot i on as o ri gina ll y
s tat ed pl us th e ame n dme nt carr i e d unanimou s l y (4 -0).
AGEND A ITEM NO . 7 : Con s i de r a tion of a var i a nce requ est to the rear a nd s i de setback r e -
q uir eme nt s as se t f orth in Ord in a nc e 8 50 Ta bl e A, fo r the ere cti o n of a carport at 11 5
Lee St r e e t .
Richard Harper came forward, was swo rn in a nd s t a t e d th at he i s representing the ow ne r
of th e p roperty. He gave t he h i s tor y of thi s ho me a nd the d ri veway whi ch is all in p lace
and has bee n for s o me ti me . Mrs. Kee sa i d the varianc e request wo uld be fo r 5 ft. int o
the s i de setback requireme nts and 17 ft . into the rea r se tback requir eme nts . Mr . Mac -
Gi l v ra y spoke of ot he r poss ibl e so lut ions to th e p l acement of thi s carport and Mr. Harper
po int e d ou t that the po l e s wo uld be in th e mi ddle of the dr i veway into the car po rt as the
bu il d i ng code r e quir e s pole plac ement eve r y so ma n y fee t fo r mee t ing wind l oad r eq uir eme nt s.
J a ck Pe rr yma n was swo rn in a nd id en ti fied h i mself as a neighbo r on Lee Street, sa id he ha d
g r ow n up in the a r ea a nd req ue st e d that th i s variance be granted and that he had no object -
tio n s to the carport . Mr. Wagn er pointed o ut that there i s s chool-owned and used pro pe rt y
a cross Ti mber a nd asked whet her a ny o ne knew i f t hi s wo ul d .e ver be used as R-1 S in g le Famil y
Re s i dentia l u se again to whi c h Mrs . Bo ug ht o n in d i ca t ed that thi s land had been do nated t o
the s ch oo l d i s trict by c iti ze n s and s he doubted if they could se ll it, therefore it 1,1o ul d
p r o bab l y a l ways be u se d as part of the ope r a t i o n o f the s chool d i s trict. Boa r d discussion
fo l l owed co nc e rni ng a ny poss ibl e uni que a nd spe cial co nditi o n s which mi ght inclu de the l ots
in th i s are a go in g through from o ne s tr eet to ano t he r , the ex i s tin g s tructur e be ing in th e
mi d d l e of 2 l ots a nd the s choo l prop e rt y across the s tr eet wh i c h i s be in g used fo r oth e r
th o n r e sident i a l use.
Mr. MacGi lvray aske d to be s hown why the co rp o rt co ul d no t be l ocated in another spot and
Mr. Harper came forwa r d a nd s howed th e maxim um clearspan a ll ow abl e . Mr. MacG i lvra y po i nt ed
o ut tha t up to 200 ft. can be sp an n ed , and Mr. Ha r pe r sa i d th e a pplicant cannot af f o r d
tha t type o f s tee l 1-1ork. Mr. Up ham e xp l ain e d that it i s th e Board's ob l i g ation to explore
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a ll a reas a nd Mr. Lind say fu rt her exp l ained the ob i i gations i mposed by law th at the Board
can only g r ant va r i ances where ow i ng to un i q u e a nd special co nd i t i ons of the land not
normally found in li ke distr i cts a strict e n forcement of the provisions o f the ord inance
by the Zoning Offici a l wou l d res u lt in unnecessa r y hard sh ip, a s wel l as not bein g c o ntrar y
to the p ub li c int e r es t . Mr. MacG il vray ex p l ained t hat the hard sh i ps cannot be se lf-i mp osed
or financ i a l on l y in nature.
Mr. Wa g n e r made a mo ti o n to authorize a vari a nce to th e mini mum s ide and rea r setba c k
(Tab l e A) at 115 Lee Street f r om the terms of th i s ordinance as it w ill not be contrar y
to th e pub l ic int e r e st , d ue to the fo l l ow in g unique and s pecia l cond i tion s of the l a nd not
normall y found in l i ke distr i cts: (l ) th e hou se i s on 2 l o ts \vi th pub l ic streets at both
ends; (2) the a r ea i s i n an o l der or nearly special hi sto ric d i s trict in the Ci ty ; (3) t he
exi s tin g we l l -desi g ne d driveway w i th s aid carpo rt wo ul d g iv e maxim um unobstrusive us e of
the drive wi thout detract i ng from the v i sua l aspe ct s which now ex i s t and because a s trict
e n forcement of the prov i s ions of t he ordinanc e would r es u lt in unnecessar y hardship, and
such that th e sp irit of thi s ordinance shall be observ e d a nd s ubstantial jus tic e don e a nd
wi th th e fo l l 0\,1 ing s pecial cond i tion s : to 1t1 i t , the 5 ft. side a nd 17 f t. r ea r setback
var i a nc e . Mr . Linds ay se cond e d for purposes of d i s cu ssio n o nl y , a n d th e n s tated that in
h i s opin i on th e asthet i cs conditio n should not be inc l ude d in the mo ti o n . Mr . Ma cGi l v ra y
& Mr . Upham agreed.
Mr . \·/a g ner then amended his motion to r ea d as f o ll ol'1s : "I move to authorize a var i a nce
to the mi n i mum side and rear se tback (T a bl e A) from the terms of this ordinance as i t w i l I
not be co ntrar y to the public i nt e r est , d ue t o t h e fo ll ol'1 in g uni q ue and spec ial co ndit io n s
of th e land not norma l l y found in l i ke d i s tri cts : (I ) the house i s o n 2 l o t s \v i th p u bl i c
s tr ee ts a t both e nds , (2) the exist i n g st ructur es a nd uses of p r ope r ty s urr o un d ing these
lot s a nd (3) th e carport as d es ign e d mak es e f f i ci e nt a nd mo r e u se of the ex i s tin g dri ve -
way , a n d beca u se a s tr i ct e nforc eme n t of the prov i s i o ns of th e o rdinanc e wo ul d res ul t i n
unn e cessary har ds hip , a nd s uch that the s p irit of th i s o r d in a nc e s ha l l be ob serv e d a nd
s ub stant i a l justice done, a nd 1olf i th th e fo ll rn-1 in g cond i tions : to 1-i it, the 5 ft. s ide a n d
17 f t. r-ear se tbac k variance. Mr . Lin dsay then s econded th i s ame nded mo ti on 1·1hich carried
u n a n i mo u s l y . ( 4 -0) .
AGENDA ITEM NO . 8 : Other business
Mr s . Kee refe r red to he r memo wh ich i s inc l uded in th e pac ke t s a nd ex plain ed th a t the
time betwee n the F i l ing dead lin e a nd th e day th e ads mu s t go to th e newspa pe r and the
lette r to the Post Off i ce i s somet i mes too ; short fo r the Pl a nnin g Technicia n to p r epare
properly , and the request is to change the Fi 1 i ng dea dline from Fr i day noon to Wednesday
noo n . Board concurr e d, and Mr . Wagn e r made a mo ti o n to that ef f e ct w ith Mr. MacGi l v ra y
se co nding . Motion car ri ed un a n imo u s l y. (4-0).
Boa rd ask e d Mr s . Kee to disc uss the matt e r o f o ne apartme nt complex vs . d i ff e rent owners
and se parat e c omp l exe s w i th the Ci t y Attorney prio r to the next mee t i ng.
With other bu s in ess co ncluded , Mr. Wa g ner made a mo ti o n to ad journ w i th Mr. L indsa y
se condin g. Motion to adjo u rn ca r ri e d unani mousl y (4 -0).
APPROVED :
Dan MacGi lvray, Ac ting Chairma n
ATTES T :
Ci ty Secreta r y , Dian Jo nes
City of Colle .ge S tation
POST OFFICE 130X DD60 1101 TEX.,\S 1\VENCE
COLLEGE ST1\TION, TE.Xt\S 77840·2-rnn
May 9, 1983
MEMORANDUM
TO: Zoning Board of Adjustment
FROM: Jane R. Kee, Zoning Official
SUBJECT: Agenda Items -May 17, 1983 Meeting
AGENDA ITEM NO. 2: Consideration of an appeal of a Planning & Zoning Commission decisi o n
denying site plan approval due to the lack of an 8 foot setback on a parking lot at 1806
'..Jelsh Street. Appeal is in the name of Jan-\·/ic Homes, Inc.
This item was tabled at the request of the appl leant at the last meeting.
The appl leant is appealing the decision of the Planning and Zoning Com~ission denying ap-
proval of a revised parking lot plan for an office building at 1806 Welsh Street. Sec-
tion 7-D. 10 of Ordinance 850 provides for appeals concerning requirements of Section 7-D.
Landscaping and Safety Requirements for Parking Areas in commercial and industrial zones
to go to the ZBA. The specific problem with this site plan is the lack of an eight foot
setback as per Section 7-D.2. This setback is required in most cases by the Project Re-
view Committee (PRC) and the Planning and Zoning Commission for landscaping and visibility
for traffic entering and exiting onto streets.
I will briefly try to describe the history of this site plan. The project was first re-
viewed by the PRC May 25, 1982. The 8 1 setback was required. When presented to Planning
and Zoning Commission the site plan indicated an 8 1 setback. In early November, 1982,
the zoning inspector noticed that the concrete parking lot was poured and there appeared
to be only a 4 1 setback. I cal led Wic McKean to inform him of the problem. At that time
no building permits for interior lease spaces had been requested. In January, 1983, I
received a building permit request for a washateria at 1806 Welsh. I contacted the appl i-
cant and told him that I would not issue it because of a violation of the site plan which
had not been corrected.
At this point, Mr, McKean came in with a revised site plan which went to PRC on Feb. 1,
1983. (Between November and February all curb and landscaping was installed and the lot
was striped). This site plan showed a 4 1 setback. (All PRC memos are enclosed). The PRC
voted 2 to l to accept the 4 1 setback. Mr. Mayo was opposed to this as you will note in
paragraph 3 of the Feb. 1 memo. The site plan was scheduled to go to P&Z and the PRC
advised me to issue the building permit for the washateria. The day of the P&Z meeting,
Mr. McKean withdrew the item from the agenda because it was discovered that the parking
lot actually extends approximately 2 ft. into the right-of-way. On March 10, 1983 the
PRC met again and recommended 2 to 1 to accept the proposed 4 ft. setback and to change
the parking to angled parking.
The P&Z Commission met on March 17, 1983 and denied a motion to approve the site plan with
the 4 ft. setback by a 2 to 3 vote (P&Z minutes are enclosed. Please review the minutes
carefully).
The applicant does own the lot adjacent to this lot and could provide parking on this lot
as per Section 7-B.2. However, this will diminish the size of the office building pro-
posed for this adjacent lot.
Memo to ZBA
5-17-83 meet ing
page 2
AGENDA ITEM NO. 3: Consideration of a variance request to Section 8-D.9 of Ordinance 850
limitin g commercial businesses to one detached sign. Application is in the name of Pla n -
tation Oaks Apartments/Tower Properties LTD.
This item was tabled at the last meeting as the applicant did not appear.
On December 14, 1976, the ZBA granted a variance to the sign requirements for Plantati on
Oaks Apts. to erect two entra nce walls wit h copy on each (see enclosed elevation and site
plan). On Dec embe r 2, 1982, the Planning and Zoning Commission granted a conditional use
permit for the operat ion of a Day Care Center within the Apartment Complex.
The owners of the Day Care Center are requesting a variance to Section 8-D.9 of the sign
regulations which 1 imits businesses to one detached sign. They wish to put copy on both
entrance walls.
AGENDA ITEM NO. 4: Consideration of a variance request to Section 7-C of Ordinance 850
regarding the number of requ ired on-site parking spa ces provided at a project l ocated on
Vall ey View Driv e and the Texas Avenue frontage road. Application is in the name of Auto
Horse, Inc., a Texas Corporation.
The applicant is requesting a variance to 8 parking spaces for a business wh ich has been
under construction since February 1983. When the project was reviewed and approved by
the P&Z the fol lowing condition was placed on the applicant: 1 1Get a letter from K-Mart
stating that overflow parking from this property can use the K-Mart parking lot.11 (See
PRC Report).
The PRC and the P&Z felt that although this might not technically meet the ordinance it
was not unreasonable or unrealistic as there are approximately 680 parking spaces avai 1-
able on the K-Mart lot to serve 90,192 square feet. (90,192/200 SF=451 spaces+ em pl oyee).
There are other exam ples in town of shopping centers with out-parcels where not al 1 park-
ing is provided on the parcel but cross-parking and access easements ar e provided (Post
Oak Mall; T.G.& Y.in Parkway Plaza).
In retrospect it wo uld have been better to withhold the bui ldin g permit unti 1 an actual
letter or agreement from K-Mart was in our files. However, the City was assured, as was
Mr. Held, that "everything was being taken '.care of.11 Now, it appears that although K-Mart
has no problem with Ira's customers using the parking in the center lot, they will not
issue an agreement in writing.
The staff has no problem with this request in 1 ight of the present circumstances. There
is an undue hardship which has not been al 1 self-imposed by the applicant and there is
excess parking availab l e. We believe a variance wo uld . be justified and wo uld not nec es -
sarily set a precedent for future parking variances.
AGENDA ITEM NO. 5: Consideration of a variance request to Tabl e A of Ordinance 850 re-
ga rdin g s ide setback requirements for the erection of a carport at 303 Walton. App l ica-
tion i s in th e name of Dorothy & J. G. Mackin.
The applicant is requesting a variance to the s ide setback to construct a carport and at-
tach it to an ex i st ing structure. The application is self-exp l anatory.
AGENDA ITEM NO. 6: Consideration of a variance request to Table A of Ordinance 850 regard-
in side setback requirements for the erection of a patio cover at 303 West University
Bogie's Restaurant . Application is in the name of A.P.Boegner 303 Inc.
The applicant is requesting a variance to both side setbacks for construction of a patio
Memo to L~A
5-17-8 3 Meeting
page 3
cover behind Bogie's Restaurant. The permit request is to extend a patio cover from
side property line to side property line over an existing patio area. Enclosed is a memo
from the Fire Marshal 1 s office concerning this.
AGENDA ITEM NO. 7: Consideration of a variance request to Table A of Ordinance 850 regard-
ing rear setback requirements for the erection of a garage at Lot 16 Block 2 of Emerald
Forest IV Subdivision, located at the corner of Rosebud & Bent Tree. Application is in
the name of Ranco Home.
The applicant Is requesting a variance of fifteen (15) feet to the rear setback for the
construction of a garage in Emerald Forest. At the time the building permit was reviewed
in my office the site plan indicated three curb cuts. I called Ted Randall to inform
him that these curb cuts were not acceptable. The garage on this site plan was encroach-
ing the rear setback. However, I did not address this over the phone at that time.
Although the builder signs the permit application stat i ng that he is aware of all requir e -
me nt s, this i s a new builder and I feel partially responsible for not verbally addressin g
the setback problem to him over the phone. I noted the setback on the application and
the slab inspector caught the encroachment at the time of the slab inspection. (There is
no slab on the ground but the stee l is in place). Enclosed is a site plan indicating
surrounding structures.
sjv
ZONING BOARD OF ADJUST~IENT FILE NO. ----
Jan-Wic Homes, Inc. Na me of Applicant __ _
_ Hai ling Address __ P_. _O_._B_o_x __ 9_9_3_5_C_o_l_l_e"'"'g'-e_S_t_a_t _i_o_nc_!_,---'T=-e::-=x"-=a.::._s---'-7-=7-=8=-4..:_0:__ ______ _
Phone 693-3955 ------------
Location: Lot 3 Block Subd ivision Whitley ---
Description, If appli~able In the Crawford Burnett Lea g ue , Abstract No. 7
Action reques t ed : Gr ant variance for proposed parking lot at 1806 We lsh St.
NAf!E ADDRESS
(From curren t tax rolls, College Sta tion Tax Assessor)
Tract 149 C . Burnett Tract 152 C. Burnett
Landry, Larry Enloe Constn1ction Co
P.O. Box 37 5 2 404 University Dr.
Bryan, Tx 77801 Colle g e Station, Tx 77840
Blk . 6, Lot 15r-22 r Southwood V Whitl€y, Lots lA, lB, 2
Blk . 6a, Lots 3 ,4,5,&6 So uthwood V
Cain, D.R.
P.O . Box AV
Southwest Stor-Mor
602 Southwest Pa rkway
College Station , Tx 77840
Colle g e Station, Tx 77840 '----------·------------------------
Whitley, Lot 4 l-.Thitle y. Lot 5 Tr act 51 c . Burnett -
Red co Co . RQb~rt Wbitley A&M Consolidated I SI
P.O. Box 7508 P.O. Box 7508 100 Anderson
Wa co , Tx 76710 t.Jaco. Tx 7 6710 ('f"'lllo rro ~ t-".l t-i f"'ln 'T'v
ZO~ING BOARD OF ADJUSTHENT FJ.LE NO.
Present z onin g of l a nd in qu es t ion --=C_--'l=------------------------
Se ction of o::-cin anc 2 from which v a riance is sought ____ 7_--'-D-'2"'--------------
The following specific va.ri <lt ion from the ordin ance is rec111 es tecl: see proposed
pa rking pla n . (8copies)
Set b ack fo r the proposed p l a n would be reduced to 4 feet
i nste ad of 8 fee t.
--------------------~-----------.. -· ----------·----. -----------·------
This variance is n ecessary due to the followin g uniq u e and s p e cia l con dit i oa s o f
the land not found in like di s tricts:
~ 16 f o ot right a wa y on We lsh street necessit a tes the vari a nce .
. :..:.....:.,
Th e followin g alternatives to th e requ ested v a ri ance are po ssib l e : --------
Take th e f ull 8 fee t se t back a nd reduce .th e rem ai ning p a rkin g lot by
16 parking spa ces, ihus leavin g in a dequate parking for the proj ec t
This variance will not b e contrary to r:h e public int e r es t by virtue of th e. following
f~ct ~: In no way is safety com promi se d with the p r op osed v a r ianc e.
The proposed pla n includesa 16 foot ri g ht away with a 4 foot set back
l e a vin g a 2 0 foot landscaped g re e n belt bet we en the ro a d a nd pa rkin g lot.
Typically a n 11 foot ri g htaway with a n 8 foot set back would l eav e a 19 foot
g r ee n b~ t .
Th e f act s s tated b y me in th i s application are tru e and cor r ec t.
Ap ril 8, 198 3
Date
City of College Station
POST OFFI C E BOX 9960 11 0 1 T EXAS AVENUE
C OLL EG E STATION. T EXAS 7 7 840
May 25, 1982
MEt10RANDUM
TO:
FROM:
Planning and Zoning Commission
Wick McKean, 2553 Texas Avenue, College Station, TX
Project Review Committee ~
Al Mayo, Director of Planning~-.
Elrey B. Ash I I, Director of Capital Improvements
Jim Behling, Planning & Zoning Chairman
Other Staff:
J. Kee, Zoning Official
H. Davis, Fire Marshal 1
J. Guidry, El e ctrical Superintend e nt
J. McCord, Electric Po wer Eng.
J. Brasw e ll, Gte
S. Volk, Planning Technician
SUBJECT: Welsh Office Bldg Parking Lot Plans
The P.R.C. met on Tuesday, May 25, 1982 to review parking lot plans
for an office building on Welsh St. south of the corner of Southwest
Parkway. The P.R.C. recommends approval with the following condi-
tions:"'
(l) Need m1n1mum of 30 parking spaces plus spaces
for employees. (Add employee parking~)
(2) Show width of the existing curb cut between this
property and adjacent property.
(3) Need 8 ft. setback fro m property line on Welsh St •
. to the raised parking stops.
(4) Need 6 ft. sid ew alk next to the building to accommo-
date the 2 ft. overhang of parking spaces.
(5) Need landscaping plans or notes on plan.
(6l Fire hydrant will be needed within 300 ft. from farthest
point on building to be locat e d at point designated by
Fi re t1arsha 11. Confer with Jerry Bi shop con-
cerning this.
(7) Need 10 copies of revis e d site plan by noon, Tuesday,
June l, 1982.
*Any chan ge s to th e approved site pl a n must be cleared through the office
of the Dir e ctor of Planning.
sjv
February 1, 1983
MEMORANDUM
TO:
FROM:
City of College Station
POST OFFIC E BOX 9960 11 01 TEXAS AVEi\:UE
COLLEGE STATION. TEXAS 77840
Planning and Zoning Commission
Wick McKean & Steve Hansen
Project Review Committee ~ .~
Al Mayo, Director of Planning '~
David Pullen, City Engineer
Jim Behling, Chairman P&Z
Oth er Staff:
Jan e Kee, Zoning Official
Dan Dupies, Ass 1 t to Zoning Official
Harry Davis, Fire Mars hal
Mac Allen, Director of Public Services
Jim McCord, Elec. Power Engrs.
GTE Repr ese ntative
Shirley Volk, Planning Technician
SUBJECT: (82-lfl6) Office/Retail Building by Jan-\~ic Homes, Inc.
located on Welsh
The P.R.C. me t to discuss the 11 as built 11 plans and the plans which had been
approved by the P&Z, but which were not the same.
Aft er discussion of the actual 4 1 -0 11 setback instead of the required and approved
8 1 -0 11 setback, the safety and asthetic reasons for the 8 1 -0 11 requirement, and
Mr. McKean 1 s statement that an error ~ad been made for which he apologized, the
City Engineer (David Pullen) and Chairman of the P&Z (Jim Behling) indicated that
in their opinion, the 4 1 -0 11 setback which is provided is acceptable, and th e y can
recomm end to the P&Z the 11 as built 11 plans be approved. Th eir reasoning is that
they beli e ve an e rror has been made.
Mr. Mayo disagreed with this recommendation, becau?e when the developer was ques-
tioned about the er ror, he admitted that the dimensions on the original site plan
had never been adj u sted after the P&Z required the eight foot setback.
A suggestion fo ll owed by the Assistant Zoning Official that if the 11 as built 11
pl ans are approved-, the develop e r perhaps would be r equ ired to provide more
int ens ifi ed land s caping on a berm along this front se tback to compensate for the
lace of space provided .
sj v
March 10, 1983
MEMORANDUM
TO:
FROM:
City of College Station
POST OFFICE BO\: 9960 I I 0 I TEXAS :\ VE:'\L"E
COLLEGE STATIO;\;, T EX..-\S 77840
Planning & Zoning Co mmissio n
Wick McKean
Project Review Committee:
Jim Callaway (for Al Mayo),
David Pullen, City Engineer
Jim Behling, Chairman P&Z
Other Staff:
Jane Kee, Zoning Official
Shirley Volk, Planning Te chnic ian
SUBJECT: Office/Re tail Buildin g by Jan-\,/ic Homes, Inc. located on l·/e lsh St.
(82-416)
The P.R.C. met to discuss the revised plans and the plans which had been
approved by the P&Z, but wh ich were not the same .
After discussion of the r e quired and approved 8 1 -0 11 setback, the safety and
asthetic reaso ns for the 8 1 -0 11 requirement, and Mr. McKean 1 s statement that
an error had been made for wh ich he apologized, th e City Engineer (David Pullen )
and Chairman of the P&Z (Jim Behling) indicated that in their opinion, the
4 1 -0 11 setback which is proposed is acceptab 1 e, and they can recommend to the
P&Z the r evised plans be approved. Their reasoning is that they believe an
error has been made. Mr. Callaway disagreed with this reco mmendation, pref er -
ring the required 8 ft. setback.
Agreement was reached that the dimens~ons on the parking lot were acceptable
and would handle tr affi c and parked vehicles, ho weve r, it was pointed out by
staff that 36 parking spaces are required for this project, and the plan as
shown at the time of this review only provides 32 parking spaces. The P.R.C.
recomme nds that th ese required 4 spaces be provided for.
P.R.C. also r eq uest s that actual dimensions be shown on the site plan.
Any changes to an approved site plan must be cleared thr o ugh the Office of the
Dir ecto r of Plannin g.
Provid e 10 copies.of the revised plan to the Planning Department by 5 P.H. on
March 11th in order to be included on P&Z Agenda for March 17th.
sj v
)
P&Z Minutes
3-17-83
page 5
to be left open pend in g a r eso lu t ion of access to the Drew Wood property and any access
agreement o r arrangeme n t should be r efe rred to o ur City Attorne y because it inv o lves
2 property owners. Mr. Mil l er asked if t he l andscap in g plan r e c e ived goes w~th th i s
plan a nd Mr. Ca llaway r ep li ed that it does . Mr. Callaway s uggested that the curb be
changed as n ecessary t o accommodate any changes and further s u ggested that a certificate of
occupancy be withheld unti 1 the a cce ss prob lems are resolved, or if desired, th e b uil ding
permit could be with he l d until access prob l e ms are re so lved.
Mr. Ha l 1 sa i d that th i s Com mis s i on i s pena li zing th i s app licant, and it i s r ea ll y not
the ir probl e m, but rather th e other n e i g hbor's prob l em . Mr. Kelly s uggested this it em be
tabled until the access agreement i s r e ached or c ur b in g is ag r eed to aro u nd the en tire
park ing area . Mr . Bai l ey made a motion to approve wit h P.R.C. recomm e ndatioris plus the
require me nt that a 611 raised curb be p l aced around the ent ire par k in g area (specifically
between the area of Drew Wood's property a nd this wa r ehouse project .) Mr . Hal 1 asked for
an amendment to this motion to say that the e n tire parking area must be curb ed or an agree -
me nt concerning access reached prior to iss uance of a C.O. Mr. Baile y ref u sed to hav e
this amendment made to his mot ion. Mr, Ca ll away asked if th i s inclu ded th e right-h a nd
s id e of the pr oper ty betwee n this project a nd the future proposed project, and Mr. Bailey
sa id it cov e rs what was recommended in the P.R.C. report. Mr. Ke ll y asked if we cou l dn't
3 1 l ow the use of whee l stops because i t wo ul d be tempo r a r y a nd Mr. Calla way said it could
be a ll owed . Mr. Mil l e r said he preferred c u rbing beca u se "temporary" wheel s tops have a
te ndanc y to become perman e nt. This motion di ed fo r l ack of a second.
Mr. Flemin g ask ed what would keep truc ks from jumpi ng the curbing, but no r ea l answe r
wa s s uppli e d. Mr. Mill er asked what wo ul d happen if the Commission required the Buil ding
Permit be wit hheld until an agreeme nt is reached o r the are a i s curb ed. Mr. Bailey said
the motion wh i ch just died wo uld make Dr ew Wo od work har der at reaching agreement. Robert
Schmitt spoke fro m the audie nc e stating that some k in d of agreement has been pr oposed a t
th i s time .
Mr. Hall made a mot i o n to app rov e thi s plan subject to either an ag r eeme nt reg ardi ng access
betwee n pro pert y ow n e r s be i ng worked o ut fo r joint access pr ior to the issuanc e of a C.O.,
or installation of c urbin g aro un d th e e ntire par k ing area, (he referr ed to it em #5 of the
P.R.C. report). Mr . Fl eming seconded t h e mot i on. Mr, Kel l y sa id that a l ette r or in stru -
ment of agreement or the curb around the e ntire park in g area wo ul d be required befo r e a
C.O. is issu e d. Mot i o n was defeated w ith Hall and Fl eming voting for the motion and
Mil l e r, Ba il ey and Ke ll y vo ting aga in s t it (2-3).
Mr. Miller then ma de a motion to approve th i s plan with P.R.C. recommendations and with
the un derstanding that a Bui l d in g Permit wi ll not be is sued until e i ther the curbing i s
inc lu ded aro und the e nti re p r oject (item #5 of the P.R.C. report) or an instrumen t for
joi nt access which is acceptab l e to the City Attorney i s prese nt ed . Mr. Bailey se cond e d
the motion for purposes of d i scussion, and th e n clarified that the mot i on he had seco nded
required e ither an agreement to curbing on th e s it e plan or an agreement to access. Dis-
cuss ion fol l owed until the Acting Chairman cal l ed for vot es. Motion car ri ed 4-1 with
Hal 1 voting against .
AGEN DA ITE M NO. 12 : 82 -416: Reconsideratio n of a Parking Lot Pl a n Revision -Of f ice
Bui l d i ng by Jan-W ic Homes, Inc. locat ed o n We lsh Ave nu e.
Mr . Callaway expla i ned th e s it e p l an wh i ch had bee n revi sed to han d l e some of the e rrors
the b uil der had made . Mr. Mi ller asked spe cifically what changes we r e be ing proposed fro m
the s i te plan which had bee n ap proved by th i s Comm ission at a pr evious date . Mr. Callaway
exp lain ed changes inc lud ed a 4 ft. to 5 ft . setback (rather than 8 ft.), the narrowe r
dr iv eway and th e a ng led pa r king . He further point e d out that raised islands are normally
)
)
P&Z Minutes
3-17-83
page 6
required, and this request includes some which are raised and some which are striped .
The reason for keepi ng the raised islands i s that some are existing and landscaped at
this time.
Mr. Fleming asked why changes weren't made in December when the developer had been noti-
fied of the errors. Mr. McKean of Jan-Wic Homes, Inc. spoke from the floor and stated
that the parking lot had already been poured at that time. Mr. Kel l y cal led a 5 minute
recess at this time . After 5 minutes the meeting was reconvened, a nd Mr. Hall asked what
this Commission would be allowing which it would normally not allow. Mr. Cal !away pointed
out the 4 ft. setback proposed is from the property 1 ine, which is also the street right-
of-way 1 ine. He was asked when this trouble was noted and he answered it was prior to
November 15th and the alternatives wou l d be to go into the area marked 11 reserved for fu-
ture development 11 for additiona l parking and require the 8 ft. setback as the required
setback would reduce the number of parking spaces ava ilabl e on this site. Mr . McKea n
explained the basic problem i s the encroachment into the 8 ft . setback. He explained an
error had bee n made and the building had not been placed where it was supposed to be.
Mr . Kelly referred to the P.R.C. report dated 5-25-82 and said that item #3 required the
8 ft. setback . Mr . Kelly then asked for an honest opinion and stated the devoper just
4 blocks down the street had been made to comply to the 8 ft. setback and another developer
had been required to instal 1 curbing and he wondered what would happen in the futu re if
this 11 error11 was a l low ed and the developer d i d not fulfi 11 the recommendations of the
P&Z Commission and the P.R.C. He further said he be li eved the Zoning Board of Adjustments
wou ld have to make a rulin g, a nd he did not think th i s Commission should recommend approval
of this rev is ed plan. Mr. Kelly then asked th e City Engineer wh y he had recommended that
this revised plan be approved and Mr. Pullen said that if he had been dealing with anything
other than asthetics, he would not have approv e d it, and at the time of the latest P.R.C.
meet ing there did not seem to be a reasonable adjustment to be required . I t i s his opinion
that this decision does not aff e ct the life, safet y , g en e ral health or welfare of the cit-
izenry of the Community, but rather i s an error . He e x plained that at the time this error
was noted, there was an infringement on th e 8 ft, s e tbac k o f not 4 ft., but rather a
negative 12 11 -18 11 , for the green area was in to the right-of-way, and he could have said
that if it was going to be moved, it could be moved 8 ft ., but he had previousl y found
the 4 ft. setback acceptab l e and he i s aiming for co n sistency. He then referred to a site
down the street w ith the required 8 ft. setback, and to another one which is paved to the
property line, with no green area. Mr. Mi ller asked if he wou l d say the same thing if this
project wasn 't on the ground, and Mr . Pullen said that he would not, but as it is, it is
not a matte r which can be eas ily fixed. Mr. Miller added 11 ... without considerable ex-
pense.11 Mr. Miller asked if Mr. Pullen is asking th i s Commission to legislate an error
and Mr. Pullen said he was not ask ing this Co mmiss ion to do anything. Mr . Hal 1 said he
wondered if a decis i on to al low this mistake would actually cause other developers to
make the same type of mistake, but he also stated that the meas ur ements of this pro j ect
did not seem to be very comp! icated, and wondered how this error happened . Mr. Pullen
agreed and stated that one problem staff has had to face is that there have been 2 site
plans; an approved p l an and the actual pla n. Mr. Hall stated the proposed site plan would
actua ll y call for mov ing the curb back and if Mr. Ke lly is correct in his belief that there
w il 1 be a lack of room for manuvering a car in the drive and parking spaces proposed, per-
haps it would be safer to leave the encroachment into the right-of-way. Mr. Kelly said
the Ci ty Attorney has advised him there can be no encroachment into the right-of-way.
Mr . Bailey sa i d perhaps the app l leant should appea l to the City Council because after
r e ad i ng the conditions to be cons id e r ed by the Zoning Board of Adjustments wh ich include
11 unique and special conditions of the land", he could not see how this land has any uni-.
que and spec i al conditions to be considered. Mr. Mill er said unfortunate mistakes 1 i ke
this one can continue if deve l opers get the i mpr e ssion that this Commission will ben d
t he rules, and then asked why there i s a setback ru l e if we do not plan to enforce it.
He further stated that he sympathizes with the deve lop er, but thinks rules are set to be
fol l owed .
)
)
P&Z Minutes
3-17-83
page 7
Mr. McKean asked the purpose of the 8 ft. setback, s~ated that Welsh Street has a 16 ft.
right-of-way instead of an ll ft. right-of-way, as he believed, and wondered how this
4 ft. setback would hurt the public because he is not in violation to the poi·nt of jeo-
pardizing anyone entering or leaving this property. Mr. Miller advised he would have a
much stronger argument if this project was not already on the ground. Mr. McKean stated
he had gained nothing by the existance of the encroachment and what he is asking would not
impair the people of College Station: He then cited substantial monetary loss to himself
as a problem. He further stated he must have parking in front of the building to have a
viable project. Mr. Hall asked what Mr. McKean proposes for the adjacent future project
and Mr. McKean replied that it would have a full 8 ft. setback with the 16 ft. right-of-
way figured into the planning. Mr. Hall said it is his opinion that this Commission must
stick with the guidelines and enforce them unless an unusual situation is pr~sented, and
in his op1n1on, this would be an unusual situation; and under the circumstances and in view
of Mr. Pul Jen's statement, he would make a motion to approve this revised site plan. Mr.
Bailey seconded the motion for purposes of discussion. Mr. Miller then said he did not
think it is in the jurisdiction of this body to legislate things contrary to the rules
of the City and that there are other avenues than this body where this should be solved.
Mr. Bailey asked the number of parking spaces required for this project and Mr. Callaway
answered that 35 spaces are required. Mr. Hall stated that perhaps the City Council would
be in a better position to figure the cost and the political implications in many cases,
but that this particular case could be solved by this Commission as it is simply a mistake.
Mr. Bailey asked if the Commission would be granting a variance, and Mr. Kelly answered
that it would not, but rather voting to approve this plan. Mr. Hall asked if this Com-
mission has the authority and Mr. Callaway answered that historically the Planning & Zon-
ing Commission has reviewed site plans and approved with latitude in some cases, but he
could not state whether or not those projects were already on the ground. Mr. Miller
asked again what alternatives the appl leant would have and Mr. Bailey said that he could
appeal to the City Council or go to the Zoning Board of Adjustments. Mr. Callaway informed
the Commission that the City Attorney is of the opinion that the only alternative the
applicant has is to go before the Zoning Board of Adjustments to request a variance, if
this body does not rule in his favor tonight. Mr. Miller said he agreed with this, but
Mr. Hall said historically this was not true and that this Commission seems to be charged
with this duty. The motion was repeated and an addition made to it to give the option
to the applicant to relocate the 4 parking spaces at the rear with staff given the right
to determine if they remain there, whether there ls actually enough room for them. Votes
were cast and motion to approve the site plan was defeated 2-3 with Hall & Bailey in favor
and Fleming, Kelly & Miller opposed.
AGENDA ITEM NO. 13: Other Business
Mr. Bailey announced the next Northgate Committee meeting for April 6. Mr. Callaway said
the Planning Dept. is currently working on an amendment to the Ordinance to establish a
separate setback requirement for separate structures in a residential area. Mr. Bailey
made the motion to adjourn with Mr. Hall seconding; motion carried unanimously (5-0).
APPROVED:
Roy W. Kelly, Vice Chairman
ATTEST:
Cit y Secretary, Dian Jones
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Ty p e o f Ca se: P ARKING PLAN <RE V ISION)
======~~============================~=================
m :F I C E BU I LD H ,JG
Sou t hw es t P a rkwa y
We l s h Ave., 5 00 feet south of
=====================================================
ZONING BOARD OF ADJUSTMENT
FORMAT FOR MOTIONS
Appeal of Plannin g & Zoning Commission Decision (Section 7-D. 11 & 11-E)
I move to uphold the decision made by the Plannin g & Zoning Commission
in the enfo rc eme nt of Section 7-D.3 of this ordinance, as the decision
meets the spirit of this ordinance and substantial justice was done.
I move to rev e rse the decision made by the Planning & Zoning Commission
in the enforcement of Section 7-D.3 of th i s ordinance for the following
reasons:
ZONING BOARD OF ADJUST~fENT
Name of Applicant Pl antfil;i on Oaks Apts. /Tower Properties I TD
Nailing Address 1501 Harvey Rd. College Station. Ix. 27 840
Phone (409) 693-1011
Location: Lot Block Subdivision -------
FILE NO.
Description, If appli~able Modify exsiting entrance signage to include advertising
for Day Care Center.
Action requested: Addition of letters to exsiting signs for advertis in g day care center.
Kt>,.}IE ADDRESS
(From current tax rolls, College Station Tax Assessor)
ZO~ING BOARD Or ADJUSTHENT FI.LE NO.
Present zonin~ of land in question C-1 General Commercial .
~~~~~~~~~~~~~--~~~~~~~~~~~-
Section of ordinance from which variance is sought 8-09
~~~~~~~~~~~~~~~~~
The following specific ·variation from the ordinance is reriues ted:
Two detached signs of Day Care Center
This variance is necessary due to the followin g unique and special conditio~s of
the land not found in like districts:
In order that existing at siqnaae can be maintained there by eleminating the need
for additional signage.
The following alternatives to the requ es t ed variance <lre pu ss ibl e:
Erection of additional sign .
This variance will not be contrary to the public interest by virtue of the followin g
f·~ct~: This is a minor alteration to exsiting it does not alter the location or
configuration of ex~iting sian any manner.
The fact s this application are tru e and correct.
April 8 , 1983
Date
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ZON me nO ,\RD OF ADJUSn!ENT FILE NO.
Name o £ Applicant -~A~u~t::..:o~~H~o'..!:rc..::s~e:::__.=.I~n~c:...!.c...:'>--.:a~~T~e:..!.x~a=..cs~-"'C~o'--'r4p"'-'o"'-r...__...a_..t""'i~o ..... n...__ ________ _
Mailing Address -~5~2~4~U~n~i~v~e~rc..::s~i~·t~yL-~D~r~i~v~e~~E~a~s~t!:....>...,----"'C~oul~l~.e~g~e_,_Swt~a~t......_i~o~n~,,__T~e~x.a..ua~s.___ __ ~
Phone ___ 6:._9_6_-_l=-3--'--5 _1_--:;o;:----:---:--
Part of
/Block 13 ---Location: Lot ----Subdivision ___ _
Descript ion , If a pplic a ble _ ___:S~e~e----=a~t~t~a~c~h~e~d=-.:E~x~h~i~b~i~t=--"~A~"-----------~
Action reques ted: Parking space varjance
NAHE ADDRESS
(From curre nt tax rolls, College Sta tio n Tax As s essor)
1 . (Block Pt . 13, Southwood 26)
College Station Partners, c/o Property Tax Service, P 0 Box 344730,
Dallas, Texas 75234
2 . (Block 10, Lt . 19, Southwood 26)
Walton W. Hardin, Jr ., attention : Reo 1931, Route 4, Box 291, College
Station , Texas 77 84 0
3. (Lot lA, Lakeview Acres )
C. M. Sykes, 2711 Texas Avenue, College Station, Texas 77840
4 . (Lt lB, Lakeview Acres)
K. C. Morgan, 2717 Texas Avenue, College Station, Texas 77840
5 . (TR . 46 Morgan Rector )
Barain R. Nelson, Jr ., 723 27th Street, San Francisco, California 94131
zm:ING BOA .. ~ OF ADJUSE!F.NT PILE NO.
C-1 General Commercial
Section of ordinance from which variance is soug!lt Section 7-C # parking spaces
The following specific variation from the ordina nce is requested:
required
That applicant be allowed to complete the building utilizing 22 p arking
spaces; and that a variance be granted in the number of parking pl a ces
requested per retail foot of the building
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This variance is necessary due to the followin g unique and special conditions of
the land not found in like districts :
There is parking available on adjacent property that i~ not
utilized.
The follmling alternatives to the requested vari ance are possible :
All alternative have been explored and none exist except to cease
construction on the ' building .
This variance will not be contrary to the public interest by virtue of the following
facts: Numberous parking spaces are available on the K-Mart property
adjacent to this location.
appli cation are t~ue and corr e ct .
September 21, 1982
MEMORAtJDUM
TO:
FROM:
City of College Station ·
POST OFFICE BOX 9960 11 01 TEX.-\S r \\'ENLE
COLLEGE STATION. T EX,-\S 77840
Planning and Zoning Commission
Timothy Keneipp, 511 University Drive East, Suite 204
Project Review Committee:
Al Mayo, Director of Planning '
Jim Behling, Planning & Zoning Chairman
Mark Smith, Asst. to City Engineer
Other Staff:
Jane Kee, Zoning Official
Joe Guidr y, Electrical Superintendent
Ji m McCord, El e c. Po we r Engr.
Bill Cupp, GTE
Shirl ey Volk, Pl a nning Technician
SUBJECT: lra 1 s (Auto-Horse, Inc.) -Parking Lot Plan (82-439)
Located at corner of Valley Vi ew Drive & Texas Avenue Frontage Road
The P. R. C. met on Sep tember 21, 1982 to review parking lot plan for the ab ove
mentioned project. The P.R.C. r e commends app roval with the following conditions:*
(l) Establish either a physical driv e to join parking lot to K-Mart lot
and estab lish an access easem e nt (from K-Mart) to this site, or relocat e
the curb cut so it will be entire ly on this property.
(2) Get a letter from K-Mart stating that overflow parking from this property
can use the K-Mart parking lot.
(3) Re-calculate parking requirements, show on plan and stripe all
needed to meet requirement (on K-Mart property and this property).
(4) Allow 15 ft. rear setback (requirement of Ord.850)
(5) Allow 8 ft. setback from front property line between that 1 ine and
parking lot line.
(6) Iden tify s izes and types of landscaping (trees, shrubs, grass)
spaces
(7) Consult with Joe Guidry, Ji m McCord & Bill Cupp (GTE) regarding a workab l e
utility s ystem .
(8) Pres e nt a written agreement from K-Mart concerning use of garbage facilities,
or consult with George Ford conc e rning location and type of ser vic e needed.
*Any chan ges to the approved site pl a n must be clear e d through the Office of
th e Director of Planning.
llEED 10 COPIES BY 5:00 PM ON OCTOBER lST TO BE INCLUDED ON 10/7 P&Z MEETING.
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ZO NI NG BO ARD OF ADJUS TMENT FILE NO.
Na me of Applicant Dor o thy Sd . G . :Vl ack i n
Mailing Addres3 301 .v'a l t on ,Co ll e>.;e Station ,Tx
6 96 l~ 55 3
Location: Lot l.1__J: · 1~o fB loc k __ ?_ Subdivision COl l e ge Hil l s
Description, If applic able same a s a.b ov e
Action re q u e st ed :
~---------------------------~
variat io n side -se t b a c k f or e r re c t ion f or ca r p o rt
NANE ADDRESS
(From curre nt tax r o ll s , Col lege Station Ta x Asses sor)
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ZO NI NG BOAFJ) OF ADJUSTMENT FILE NO .
r e si de ntial sing l e fa mi ly dwelling Present z o ning of land in que stion
-----~--------------------
Se ction of ordi n a nc e from which variance is sought __ t~·=~~b~l~e_,_A ___ ~--------
The followin g specific variation from the ordinance is requ e sted: t o construct
r.nrn o rt 5& }s fee t from oroo e rty l ine i n b ac k a nd6l inches in
f ron t
This var i ance is necessary due to the followin g unique and special con d itions of
the land not found in like districts:
t he s hop to which c arport i s t o be conn e ct e d is about SG y ears
old a nd was constructed 5 fe e t 6 i n ch es f ro:n prop e rty l ine
The follo wing alt e rnatives to the reque s t e d v a r ia nce &re po ss ible : off set ----
c~rnort by ? fe Pt
This varia nce will not be contrary to the public interest by virtue of the following
f~ct~: wil l not obstruct ; or inc onv ience ; or det o r i a t e the
app e aranc e of n e i ~hborh o od
Th_e__f a c ts st.?.t ed by r.1e in th i s a p p l ica t ion are true nnd c o r re ct.
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ZONING BOARD OF ADJUST~!ENT FILE NO .
3 03 rr:c .
2 0?03.01 ,::>o _!_ Coll e q e it J r y a n 1 1 'l'e s a s t7t78 0 1 _Nailing Address __ 3 ___ ·1 e_s i: On ive r s y , co e g e :::; a i on , '.L'ex2s /7S40
Phone 8 46 1 711 3 2 2 32 51
Location : Lot Block ----Subdivision ___ _
Description , If ~?pli~able ___ n~.o~G~r~c~,~~~-'~~F~~s~m~1 ~A ~1 1~R~A~~l~T-----------------~
,1a s , Sebas t icms o r Th e Alamo
Action reques t ed : V~r i an c c to ~i de s e t bo c k s (b oth )
AJJD RE SS
(from current tax rolls , College Station Tax Assessor )
. .
ZO~ING BOARD OF ADJUSTHENT FJ.LE NO.
Present z oninF; of land in que st ion ---~C=-,__1'---_("'";,.~·~n ... e=r...,a.,..l.._C=-,,.o .... m,,..rr"·,, _,r_,_.._· ~"'-'-------------
Section of o.rcinance from which v ariance is sought '.I'c~b l e 1\ __ .=.;.;;.=:=.=-'---------------~
The following specific v2riation from the ordinance is requested:
Pa tio Cover to e:{tcnd to s i d e nronerty l i nes c.i h-ch :-i.cr2 • ------------
This variance is necessary due to the following unique and speciil conditio ns o f
the land not found in like districts:
It is i!: : :orth Ga t 2 nrCc.'1 . Tt t'o ..,r n '' '-l ook 1 d t · +-· .... • ~"' L. r._ean ~n ne>;r 1-·01 ·•, ·1:1 't c ·'lL.._::_._
The following alternatives to the requested varia nce are possible:
i,1ot l.iu i ld a ll the itla y '-t": : lie· :=;j de s
This variance will not be contrary to the public interest by virtue of the following
It wi l l g r eat l y impro ve No rth G~t e .
Th e facts s tated h y me in this applica tion are tru e ancl correct.
Date
May 1 0, 1 983
MEMORANDUM
TO:
FROM:
SUBJECT:
!'OST OFFICE nox DD60 I IOI n::x. \S ;\\T'::\l 'E
COLLEGE ST \TiOi'\. TEX,-\.S 77840 -2.+DU
Zoning Board of Adjustment
Harry Davis, Fire Marshal u )-..1 '' A .• .: ..
''
Variance Request for Boegies
The Fire Marshal 1 s office has no problem with the variance
request at 303 University in the name of A. P. Boegner.
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ZONING BOARD OF ADJUST~fENT FILE NO.
Name of Applic a nt ___ R_anco P.o.,_m_e _________________________ _
Hailing Address ____ 1_1_2_8_V_i_l_l_a __ M_a_r_i _a ______________________ _
7 7 5 -3000
Location: Lot _Lfl_ __ Block ___ _ Subdivi s ion Em erald Fo r es t IV
Description, If appli~able Co rn e r of R o se bnd a nd I3e nL-L..Jc..==----------
Action requested: Varia n ce of 15 ' to Rea r Se t Back
NAl'lE ADD RESS
(From current tax rolls, College Station Tax Ass e ssor)
. . .
ZO~ING BOARD OF ADJUSTMENT FT.LE NO.
R-1 Present zoning of land in ques tion
~----~--~----~-------~----~
Section of o.rcinance from whic.h variance is sought Table A
The following specific va.ri a tion from the ordin ance is requested;
Want to l ocate a g~rage JO ' from the rear p r oper y lin @
This variance is n e cessary due to the followin g unique and speciil conditions of
the land not found in like districts:
Du e t o t h e s h a p e o f t he 1 o t t h e g a r a g e _,w,_,i.._· ..._l ..... l__.nCL..>.<.o_._t_f._,_j _,_t~ _ _...T_...h ..... e;;;.._ ..... 1_..0.._t.___..,,,,_.a~s
purc h ased by an individ u al a nd pl a ns were brou g ht to u s s u pposable
pre -a pr oved .
The following alt ern3 tives to the requ es ted vari ance ;,ire po ss ib le : We hav e bee n
unable to fi ne a nd a ltern ative fo r this is the reason for asking
f o r a Va r i a n 'c e .
This variance \.rill not be contrary to the public interest by virtue of the following
f·~ct.~: Th e House on North East si d e , lot 1 5. is not affecte d bee ause
line is not b eing altered.
House on North si d e 1 lot 17 is not affec t e d because of 20 ' utitil y
_____ easme n t a nd th e house is sitti n g on the f 11rtber e st sid@ of 1 ot J 7 •
. So uth and West is bound by S treet .
Th e fact s s tate d by me in thi s application are tru e and correct.
Date
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ZONING BOARD OF ADJUSTMENT
FORMAT FOR MOTIONS
Appeal of Planning & Zoning Commission Decision (Section 7-D. 11 & 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.
I move to reverse the decision made by the Planning & Zoning Commission
in the enforcement of Section 7-D.3 of this ordinance for the following
reasons:
Motion made by Wendt; died for lack of second.
ZONING BOARD OF ADJUSTMENT
FORMAT FOR MOTIONS
Appeal of Plannin g & Zonin g Commission Decision (Section 7-D. 11 & 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 4'.'~ i'P ~Oi kof this ordinance and subs tan ti a 1 just ke was done.
Wg,J, t vto ·[ ~
I move to ~~:h ~~t:~ ~:: ~:!:l a~~n g~Zoni~mmission
in the enforc eme nt of Se ction 7-D .3 of this ordinance for the following
reasons:
I
Motion made by Upham, Second by Wagner
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ZONING BOARD OF ADJUSTMENT
FORMAT FOR NEGATIVE MOTIONS
Variances: From Section 11-B.5
I move to deny a variance to the
yard (6-G) ------
lot width (Table A) ------
lot depth (Table A) ------
X' sign regulations (Section 8)
minimum setback (Table A) ------
parking requirements (Section 7) -------'
from the terms of this ordinance as it will be contrar y to the public int erest,
due to the lack of unique and special conditions of the land not norma ll y found
in like districts:
l. ----------------------------------------
2. ----------------------------------------
3. ----------------------------------------
4. ----------------------------------------
and because a strict enforcement of the prov1s1ons of the Ordinance wou ld not
result in unnecessary hardship to this applicant, and such that the sp iri t of
this Ordinance shal 1 be observed and substantia l justice done.
I
Chai r,__,.q] g~ature " , -· J · ' Date
5 I 17
ZONING BOARD OF ADJUSTMENT
FO RMAT FOR POS ITI VE MOTION
Variances : From Sectio n l 1-B.5
I move to author i ze a v ar i ance to th e
ya rd (6-G)
lot width (Table A)
lo t depth (Tabl e A)
sig n re gulat i ons (S ect ion 8)
minimu m se tb ack (Tabl e A)
v ~ parking r eq uir ements (Se cti on 7)
6.
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an d because a strict enforcement of th e prov1 s 1ons of the Ordinance
would r e sult in unnecessary hardship to this applicant b e ing:
' ......
an d s uch that th e s pirit of thi s Ordinance sha 11 be obse rv ed and subs tanti al
ju st ice don e, subject to the fo 11 owing 1 imi tat Io ns:
1.
2 .
3.
4.
Thi s moti o n /cl t c1C/ ·
Seconde d by (/
' Th e va rianc e was th e fo 11 ow in g vote: r e
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' ZONING BOARD OF ADJUSTMENT
FORM AT FOR POSITIVE MOTION
Vari ances : From Section 11-B.5
I move to autho ri ze a varianc e to th e
yar d (6-G) -----
lot width (Table A) -----
lot depth (T able A) -----
s i g n reQulati ons (Section 8) ---,-,,--s1dJ..
\ minimum n setback (Table A) -----
parking r equ ir eme nt s (Sec ti on 7) -----
fr om the t erms of thi s ord in ance as it will not be contrary to th e publ ic
int erest, due to the following uniqu e and s pe cial ct'lnd.i/i on~· of the land
not norm9 l l y found in 1 i ke di s~r i ct s: _l/A1 f/t !f .H,)L ,1 o" 1 1 . 1 )I . . _i ·'A .( . (, I I -) . l V "'-• I I /' I I ( I i
d ru ~ 1; ,~ br-i t~vJ.Qu "W a t &i 1~n 1\ u 1 "\v1 o l l <J.. l!~ c__ ._>7 \iU\.-...
If \; f I I I \Jj (
2. -ff_,op,~µ.~ ,,l,~~ ~:Lu )n ct1
::>
3.
---------------------------------~
4.
---------------------------------~
5.
---------------------------------~
6.
and because a strict enforcement of the provi s ion s of the Ordinance
would result in unn ecessa ry hardship to this applicant being:
and such that the spirit of this Ordinance shall be observed and s ubstantial
ju sti ce done, subject to the following 1 imita tio n s:
1. Jk .i);ofwi ~Jdtho~ t-J ,'f( tt\o+---Cxcr:YJ +£e
2.
3.
4.
, v l I I
I Vl-OV~ -t~ Cov Vlf\l'iv\
---------------------------------~
---------------------------------~ I I . I , 1.-/<-/ ll I \) 1 Thi s motion was made by + ()f0,..;H/\. ....) I I ' I
Seconded by lA,}e--,-~-.;;£-,-+-+T---"'-f----------~
The variance was granted by the fol l owin g vote: / 'V. +~112{{1]'~
'Chair Si gnatu r e_)
ZONING BOARD OF ADJUSTMENT
FOR MAT FOR POSIT I VE MOT ION
Var iances : From Se ction ll-B.5
I move to authorize a variance to th e
yard (6 -G) -----
lot width (Table A) -----
l ot depth (Table A) -----
sign re~~lations (S e ction 8)
-----S \<,L{_
/ minimum~setback (Table A) ---'---
pa r king r equirements (Sec ti on 7) -----·
from the terms of this o r d in ance as it will not be contrary to the pub lic
land int erest, du e to th e following uni q u e a nd spec i a l. condit)qns gf the
not norma l l y fo und in l i ke dist r i c,,t;..,U ro / t~ sef ,-~~G-/ ·)
l. (~ ~ -+l) ~-(Le_ -k ~!/ W _ ~ :_{,,) -~ { 1 kl iL~~~~
2. I \) 6 1 +L1<; k ---1t t:b...
3. ------------------------------------
4.
5. ------------------------------------
6.
and because a strict e nforc e ment of the prov1 s 1ons of the Ordinanc e
would r es ult in unn eces sar y hard sh ip to this applicant being:
and s uch that the spirit of this Ordin a nc e sha ll be obse r ved and s ubstantia l
justice done, s ubj ect to the following limitati o n s :
l.
2.
3. ------------------------------------
4.
Thi s mo tion was made by
Seconded by
Th e variance was g r anted fo 1 1 ow i n g vote :
. ' .
ZONING BOARD OF ADJUSTMENT
FOR MAT FOR POSITIVE MOTION
Vari ances : From Section 11-B.5
I move to authorize a variance to th e
ya rd (6-G)
lot widt h (Table A)
lot depth (Tabl e A)
s i g n regu l ations (S e ction 8)
t< mini mum setback (Tabl e A)
parking requir e me nt s (Sect i on 7)
from the terms of this o rdin anc e a s it wi 11 no t be c o ntrar y to the publ ic
int eres t, due to th e fo l l ow in g uni q u e a nd sp e cia l condition s of th e l a nd
not normally found in 1 ik e district s:
I I' ,. :" /1) ·I
' '/} , r.'1__ r ~ . ::;> -~\ /A ~, (\ L;;i u 0 0-i, -t. D 1 • . c \ '.:.r v--<... , IJ 1 . f __ d\··,J,-l Cf ' ~ \. ,\,v-., &'"I.A-. ____ ._.::_:........;..\-~--'--'----"~--'--'"-"'---'-'--'-__;-------~-.....----
) J i : ' ' ' 'L f I 2. P, r/() t . -:; &;~ i ),V\ \ \ Jl ~ d)i" I JI l h ~--; ,::>1 d.~
----'-''-'--~--+----+-~--"'~~--"--........... -'----'----------~
'(I (\J j
3 • ____ u=~.,_M\_-'1----'o::;__,-._-'-vr.i_,___Ch_ __ _,,_i..:....:nJ,__,u;~--c"-'1.'-'-t_i __._t'.:...·J..»..f"_'-'1"'-.V)__,,__~l '"l--'-_-...... __
1
4. ~ W.-•k -· ~,·i 1 W£ &J . ·~11 '~e t L ~_l _ 1~qu1 ~rt ~ l.
5. I £
--~--~~~~~~~-~-~~~~~~~~~~~~~~~~---
6.
--~--~------~-----~-----~---------
and because a strict e nforc eme nt of the provisions of the Ordinanc e
would result in unn ecessa r y hard ship to this app lica nt being:
and s uch that th e spirit of this Or dina n ce shal 1 be observed and s ub sta nti a l
ju sti c e done, subject to the fo ll ow ing 1 imitations:
1.
2.
3.
-~~~~~-~~~~~-~-~~~~~-~~~~~~-~~-~~-
4.
Th_i_s _m_o_t_i_o_n~w-a-s~m-a_d_e~b-y~-~--,-,~-L-1-..c--L--rt~.[~V-v-.'-4\~-~~~-~-~~~~-
S econ de d by lJ ·~ N.r _ .J ------+-+.-=-.,......_.....,.._.......,.. __
Th e var ianc e was granted by th~ fol l ow in g vo t e : 1-1
MI NUTES
CI TY OF COLLE GE STAT I ON, TEXAS
Zoning Board of Adju s tm e nts
Apri l 19 , 1983
7:00 P.M .
MEMBERS PRESEN T : Acting Chairma n Dan MacGi l vray, Members Upham, Wagner, Al ternate Member
Lindsa y and Councilor Boughton
MEMBERS ABSEN T : Chair man Cook and Member Donahue
STAFF PRESEN T : Zoning Official Kee, Ass't to Zoning Offic i al Dupies, Director of Plan-
ning Mayo and P l ann i ng Technician Volk
Dan MacGilvray was chosen Act in g Cha i rma n by acclamation p rior to Agenda I tem #1.
AGE NDA ITEM NO . l: App r ova l of Minu tes from March 15, 1983
Mr. Wagner po i nted out a t ypog raphical e r ror i n the Agenda head i ng for Agenda I tem No . 2
which in e rror in d ic a ted No. 22 . After this change, Mr. Upham made a motion to approve
the minutes wi th Mr. \.Jag ne r second i ng . Mot i on ca rr i ed unan i mously.
Mr . MacGi l v ray then i nformed the a ud i ence that for a n y var i a nce to be granted, fo ur votes
in favor must be cast a nd be cau se only four members of the Board are present at this mee t -
ing , votin g must be unani mo u s to approve any variance.
AGENDA ITEM NO. 2: Co n s i de rat i on of a variance to the mi nimum l ot depth (Table A) for
tow nh ouse l ots , in the Villa on the Rio Grande Subdivi s i on (a new subd ivisi o n). App li-
cation is in the name of To ny Jones .
Tony Jones cam e forward, was sworn i n and p r esented the background of the p l at , exp l a i n ed
the request and th e r easo ns for it wh i ch inc l uded the configuration of that pa r ticular lot
wh i ch is the resu l t of a very wi de easement fo r the Bryan Uti li tie s 1t!hi ch ru n s th r oug ~: th ~:
property. lie i nformed the Board the square footage is much mo r e than normally req ui red in
R-3 or R-4 zo n es, but t he dept h i s not the required depth .
Mark Sadoski came for wa r d and was swor n i n: he stated that he was a n area res i dent a n d
asked where the main e ntrance to th i s tow n house project wil l be . Mr . J ones pointed it
out. Mr . Sadosk i then spoke of h i s objections to hav i ng large dumps t ers i n ful l view on
the street i n front of projects a nd Mr. t1ac Gi l vray exp l ained tha t the only thing th i s
Board can consider a t t h is meet i ng i s the lot dime n s i ons referred to i n t he request . He
further informed t1r. Sadosk i that he should vo i ce th i s object i o n to t he Ci ty Counc il .
Mrs . Kee the n i ndicat e d that staff has no prob l em with this va ri ance request . Discussion
co ncerning t he proposed project fo l l owed after which Mr. Wagner made a motio n to authorize
a variance to the l ot depth (Tab l e A) of Lot 15 from the terms of this o r dina n ce as i t
wil l not be contrar y to the pu blic i nterest due to the fol low i ng un i que a nd special condi -
tions of the l a nd not norma ll y fo u nd i n l i ke districts: (1) the unique boundary co n figura-
tion n e c ess itates th e variance for setback and the lot in question has more square footage
than norma ll y r e quir e d a nd because a strict e nforc eme nt of the prov i s i ons of the ord i nance
wo u l d r es ult in unn e c essary hard s h i p, and s uch that the spirit of th i s ordinance sha ll be
obse rv ed a nd s ubstanti a l justice done. tfr. Lindsay seconded; motion carr i ed unanimo u s l y
( 4-0) .
AGE NDA ITEM NO . 3: Co n s id e ration of a varia n ce r eq uest to Section 8 -D.9 of Ordinance 850
1 i 1n i t in g comme r c ial b us i nesses to one detached sign . Applicatio n i s in the name of P l anta-
tio n Oaks Apa rt me nts/T o wer Propert i es LTD.
._:3-" i·l i nu ccs
4 -1 9 -83
page 2
There 1·1as no one p r esent to rep r ese nt the app 1 i cant, t herefo r e Mr . MacG i l vray made a
mo ti on to tab l e this item until the next meet ing. Mr . Lind say seco nd ed the mo ti on 11 hich
carried una n i mo u s 1 y ( 4-0) .
AGENDA ITEM NO. 4: Consideration of a var i a nc e request to Section 8 -D.3 Ordinance 850
l imitinq the area of a s ign to 150 square feet . Application is in the name of Monaco 11,
Ltd., dba Aggie l and "C" Apa rt me nt s.
Mel Chase, representative of the app li cant came forwa r d, identified himself and v1as S\·1orn
1n. He gave th e background of the apa r tme nt s and the existing sign in excess of 180 sq .
ft. which rep l aces 6 non -conforming s i gns whic h totalled in excess of 180 sq . ft . wh i ch
the apartments previo u s l y had. (He sa i d they had s i mpl y replaced 6 s i gns with one of
eq ua l size). He then exp l a in ed th e request c itin g uni q u e and special conditions wh i ch
includ ed th i s existing sign not being l ocated in a nor mal pos iti on for a sig n to advertise
someth in g (i t is diff icult to see it from a major s tr ee t ). Mr. Upham talked abo ut rules
conc erning non-conforming us es and the useful life of a non-conforming s i gn , plus the fa ct
that the no n -conforming detached s i gns had s i nce bee n replaced by 2 detached signs . Mr .
Chase po int e d o ut that these s i gns repr ese nt ed 3 d i ff erent businesses wh ich have d if ferent
ownerships , tax numbers, e tc . Mr. MacGi lvray po inted out the loc ation of the sig ns on
a map on the wal 1 whi ch Mr. Chase had presented at the meet in g . Mr. M~cGi l vray a sked what
ha d l ed to a n y act i o n, a nd Mr. Upham stated that the s ign whic h had been painted o n the
bu il ding is to o large. Mr . Chase sa i d the s i gn painter had des i gned this s ign to r eplace
6 s i g n s , a nd that the app lic a nt had be l i cve d the pa i nter kne1,1 th e o rdi nance s . 01.-me r ship
of the apartments vs . investors in the apa rt ments was discussed after which Mr. MacGi lvra y
int errupted and asked 1.t1h<Jt the request is fo r. Mrs . Kee po int ed out that the request
conce rn s the s i gn o n the bu il d in g wh i ch i s l arger tha n the o r d inanc e allows, but thac staff
requests tha t the Board cons i der the 2 deta ch ed s igns as 1-1e l l, because her information
from the City Tax Offic e ind i cates that a l 1 three p ro pert i es a r e ow n ed by Ca l !away Prooer-
ties . Mr . Cha se sa id that Callaway Prop ert i es had onl y ma naged the properties for 9 months.
b ut i s no l o n ge r ma nag i ng them. He added that the books had bee n changed over on Feb ruar y ~
198 3 in the Ci ty Tax Offi ce . He asked to be a l l owed to point out more unique and special
cond i tions c i tin g that the s i gn could be read from o n e direct i on on l y (not double s id ed)
and the tax ro l l s 1 i s t the property as zoned both C-1 and R-6 , and th e n he requested cla r i -
fication, because R-6 r eg ulation s are being applied t o Lots 18, 19 & 20 which are zoned
C-1 . Mrs. Kee confirmed th i s , s tating that C-1 use al l ows o nl y o ne detached sign a nd is
mo r e restrict i ve than R-6. Mr. Wagner asked if the detached s igns are in the Ci ty ri ght -
of -way and Mr s . Kee indi ca t ed that she believes they are . Mr. MacGilvray asked if there
are thr ee s i gns or o n e sig n which a r e being co n s i de r ed to night. Mr . L in dsay r eques t ed
that any ac ti o n tonight be 1 i mi ted to the one sign which is 1 i sted o n the request for
variance, t hat being the sig n pa int ed on the brick and maso nry wall an d wo uld be covered
und e r Ordina n ce 8 50 Se cti o n 8 -D .3. He furthe r state d that th e i ssue i s whether tha t one
sign should be al l owed to be g r eate r than th e a l l owe d 15 0 s quar e feet in size . Mrs . Kee
st i 1 1 reques t ed clarification concerning the two de t ached signs, and Mr. L i nds ay sa i d this
sho u l d take p l ace at a nothe r t i me when another request fo r variance, or appeal of a decisi on
is filed . Mr . Upham asked for some kind of proof of separate ow nership shou ld these signs
come up in the futu r e . Mr. Ch ase indicat ed that 8 11 of this s i g n cou l d be sa ndbl asted fro r.i
the top, a nd 7'' from e ach side, and it wou l d comp l y but wo uld not be very pretty, or they
co ul d go back to mo r e temporary s i gns as be fore cit in g they had not ceased the use of the n
for 12 months (Ord in a nce 8 50 Sec ti o n 4 -D.3 . Mrs. Kee passed around pictur es of 3 siqns
adve rti s ing "Agg i e land Apartme nt s ", a nd sa id there is a quest i o n as to whether these ~igns
are new or non-conforming s i g n s wh i ch have been pa i nt ed a nd an add ition a l new s i gn . She
s a i d the app l i cant o r rather Ca l ]away Pr ope rti es ha d been notified in Febr u ary that they
1·1o uld be a l lowed on l y one s i g n (fo r o ne apartme nt project), but they apparently decided
to r ef u se to comp l y or s imp l y wanted to wa it unti 1 thi s request we nt before the Board .
Mrs. Ke e fur th e r indicated the Cit y received correspond ence back in April ack no wledg in g
the l e tt e r and referred to "Aggi e l a nd Apartme nt s " as 3 apa rt me nt comp l exes. Sh e exp laine d
r
(
,:.JA ,'-\ i nu t cs
4 -1 9 -8 3
page 3
tha t s h e had ment i o ned in the memo that the a pplication does not refer to the other 2
s igns, but s he i s r e qu esti ng clarificati o n o n them as we ll. She ex pl ained that the
Ma n agement i s conte ndin g that th e 2 sma ll e r detach e d s i gns had o nl y been r epa int ed and
the wa ll s ign i s n ew a nd was painted o n De c e mber 20, 1982.
Mr. Upham r epea t ed a n ea rli e r req uest to the ef f e ct th at no decisi o n s hou l d be made on
anyth in g other tha n that wh i ch i s s t ated in th e req uest for va ri ance , which is one l a r ge
non-conforming sign . Mor e d i sc u ss i o n fo ll owed af t e r whi c h Mr. Li nd say made a mo tion t o
de n y a var i a nc e to th e s i g n (Sect i o n 8 -D.3) from the ter ms of thi s ord in a nc e as it will be
co ntrar y to th e p u b li c int e r es t, d ue t o the l ack of uni que a nd specia l cond i tions of the
land not norma ll y fou nd in li ke d i s trict s a nd becau se a s trict e nforc eme nt of th e p r o -
v i s i ons of the ord in a nc e wo uld no t r es ult in unn e c es sary hards hi p. Mr. Up ham sec o nded
the motion wh i ch carri e d unani mo u s l y (4 -0).
Mr. Chas e in d i cated from the a udi e nc e that he will wa nt to appea l th i s, es p e ci a ll y con -
ce rni ng C-1 a n d R-6 regulations. Mr. MacGi lvr ay informed Mr . Ch ase that appe a l s of acti ons
of this Board sho ul d be t ake n to a Civil Court. Mr. Cha se aske d a q u estion from the fl oo r
as to v>1 het h c r o r not the a l ternat iv es he had proposed e arli e r would be sa ti sfacto r y to
the Board, a nd Mr . MacGi lvr ay a n swe r ed t hat as perta ini ng to the large s i g n painted o n the
s i de of the buil d in g , i t vJO ul d have to stay within 150 s q . f t., and that the 2 detached
s i gns wh i c h had bee n r e f e rr ed to in co n versa ti o n (b ut which we r e not in clud e d in the
va ri ance requ es t ) had not be c ome a part of thi s e v e nin g's actio n .
AGENDA ITE M NO. 5: Co n s i de r at i o n of a n appea l of a Pl ann in g & Zon in g Comm i ss ion de ci s i o n
de ny i n g s i te p l a n app rov a l d ue to th e l ack of a n 8 foot se tback on a pa r k in g l ot a t 120 6
\.l e l s h Str ee t . Appea l i s 1n the name of J a n-\~ic Homes, Inc.
Mr s . Kee gave backg r o und to th i s app e a l o f th e P&Z Co mmissi o n deci sio n. Boa r d Mem be r s
Wagn e r, Lind say & Upham sta t e d t hey had bee n conta ct e d by someone concern in g thi s appl i -
cat i o n but had de clin e d to d i s cus s th e it em wi th them . Mr. McKean came for wa rd a nd v1as
s worn in, t he n req ues t ed that thi s i t em be tabl ed un til a l a t e r date whe n a q uorum was
pr ese nt . Mr. McK ea n was adv i sed that a quor um i s present at this date , but he clarifi e d
by say in g he would p r e fer hi s appea l to be he ard by th e Board when all members are pr es ent .
Mr. Lin dsay mad e a mo ti o n to t a bl e this it em unt il the n ext mee ting. Mr. Upham seconded
th e mo ti on . Motion to table this app ea l u ntil the n ext mee ting carried un an i mo u s ly (4-0).
AGENDA ITE M NO. 6 : Co n s i de rati o n o f a r e qu es t for ex pansion o f a no n-c on f o r mi ng use , a
vari a nc e to Se ction l l of Ordin a nc e 850, to al l ow a n additional mobile home in the Pl easant
Vall ey Mob il e Home Pa r k . Application i s in the name of J oe Fazzino, Tru s t ee .
Jo e Fazzin o came f o r wa rd, was sw orn in and id e nt if i e d hi mse lf as the applicant . He gave
a b r i e f hi s t or y o f the mob il e home park and of this particular mobi l e home a nd sta te d t hat
he had r eq uested t he e l e ctricity to be transf e rr ed to hi s name at the time he pur chased the
pa r k wher e th i s mob il e hom e was in place, a nd a t that ti me the Ci ty sa id no i n spe cti o n
\v as required a t ea ch change o f ow nership . He further s tated there has been no change in
the l o cati o n of thi s particular mobile hom e in the mo r e than 5 yea rs he ha s be e n aw ar e o f
it . Mr. Upham asked ho w this had c ome about a nd Mr. Fazz i no sa i d the Cit y in sp e cto r had
not i ced 20 hom es in s t ea d o f the approv ed numb e r of 19, wh e n he had been cal l ed to make an
insp e cti o n of a n adjace n t mobil e home . Mr. Wa gner as ked how t hi s had com e abo u t a nd Mr .
Fazz in o s a i d th a t o nl y 19 l ots had been p l a tt ed at t he time the l a nd was annexed into the
City, and the r efo r e o nl y 19 e l e ctric me t ers had bee n approved . He s aid this mob il e ho me
had , s omet i me s inc e a nn exa ti o n, bee n served e l e ctricity from a metered po l e thr o ug h cond u it
up to this home . He s aid the probl e m i s tha t he wo uld li ke to get a n e l ectri cal pe r mit
to u pd at e th e v1irin g in t his unit, a nd canno t, beca u se there a r e o nl y 19 pe rmitt ed hook u ps
a nd ther e a r e 20 homes in th e pa r k. The Boa r d s uggested that thi s pa r k be r e plat te d to
s how 20 lots , a nd Mr. Fazz in o po int e d o ut tha t the Mob i l e Home Pa r k is a nd n-c onfo rmin g
u se be c ause i t i s i n a n R-1 Sin g l e Fam il y Res id e nti a l area , was brought into the City a t
:=BA Minut es
4 -1 9 -8 3
page 4
the ti me of a nn ex at i on that way , but had bee n a mobi l e home park a t the ti me of annexation .
Rezonin g was then s u ggested , a nd Mr . Ma yo and Mr s . Kee i nfo r med the Board that thi s had
bee n r e quested seve ru l tim es in the past a nd had been de ni e d du e to obje cti o n s from nei gh -
bors . After further disc u ss i o n concerning how this might hav e occ urr ed , it was es t ablished
by Mrs. Kee that if th i s varia nc e i s g r anted , th e Board i s g ivin g thi s a pplic a nt pe r mi ssion
t o hav e 20 mobil e hom es in th i s park e ven i f thi s pa rti cular hom e i s move d o ut some ti me
1n the future . Oth e r speakers we r e cal led forward. Cl int Be rtr a nd was swo rn in a nd spoke
as the nea re s t ne i g h bor , indicating that he does not object to thi s o ne varianc e for this
one mobil e hom e in the pa r k , a nd prefers this type o f a ction rath e r than hav i ng a larg e r
park esta bli s hed . W.D.Fit ch came for wa rd , was swor n i n and s tated that he ow n s l a nd in
the neighbo r hood a nd the mob il e home park has not hindered development of the area, and that
he would be in favo r of gra nting thi s expa n s i o n for thi s o ne mobile home , but that any
other e xpan s i on of the park shou ld g o through th e reg ul ar procedure , which he wou l d ge n-
e rall y oppose . Mr. Upham made a moti o n to a ut hor i ze the expa n s i on of a non-con fo r mi n g u se
as s uch exp an s i on i s ne ce ssary and in cidenta l to the ex i s ting use and does not incr ease
the area of non-con fo rmit y devo t ed to a no n-conform ing u se a nd does not prolong the life of
th e no n-confor mi ng u se o r p r e v e nt a r e turn of such property to a co nf orm in g u se to wit to
al l ow the trail e r wh i ch has been in the Pl e asant Va ll ey Mob il e Home Pa r k fo r at least 5
yea r s to have the p r ese nt e l e ctrical co nn e ction bro ught up to Cit y El ec trical Code Standar c s
(Section 11-B.3). Mr. \~agner se conded fo r p ur poses o f d i s cu ss i on. Mr. Lind say req uested
that the exa c t tra il e r be i de nti f i ed and the appl ic a nt then offered to ha v e an exac t d ra1·1in c;:
of th e prope rt y do n e by an e ngin ee r wh i ch wo ul d i de nti fy t he l ots a nd the trailers. Mr .
Uph a m th e n a mended hi s mot i on 1v ith th e add i ti o n o f the fo ll mv in g : "t hat the part icul ar
tra il e r unde r d i scuss i o n ton i gh t (th e 20th tra il e r in this mob il e home cou rt which was
p l atted fo r 19 traile r s} i s th e on l y tra il e r covered by this mot i o n a nd that the ex pansion
i s s u bject to exa ct i de nti f i ca ti o n by a draw i ng of the prope rt y by an e ng i nee r as offe r ed
by th e app l l eant." Mr. Wa g n e r seco nded t hi s mot i o n as amended . Mot i on as origina ll y
stated p lu s t he ame ndme nt ca rri ed un an i mo u s l y (4 -0).
AG END A ITEM NO. 7: Co n s i de r a tion of a vari a nc e request to the r e ar a nd s i de setbacK re -
qu ir eme nts as s et fo rth in Ord in a nce 850 Ta bl e A, fo r the erect i on of a ca r po rt at I 15
Lee Street.
Richard Harper came forward, was sw orn in and s t a t ed that he i s representing the ow ner
of th e p ropert y. He gave t he history of this home a nd the dr iv eway which is al 1 in place
and has bee n fo r some time . Mrs. Kee sa i d th e var i a nc e request v·IOuld be for 5 ft . into
the side setback requir eme nt s and 17 ft. int o the rea r setback r eq uir eme nt s . Mr. Mac-
Gi lvray spo ke of other poss ibl e so luti o n s to the p l acement of thi s carport and Mr . Harper
pointed out that the pol es wo uld be in th e mi dd l e of th e d riv eway into the carpo rt as the
bu il ding code r e quir es po le placement eve r y s o ma ny feet fo r meeting wind l oad requ ir eme nt s.
Jack Pe rr yma n was swo rn in and id entified h i mse l f as a n e i ghbor on Lee Street, said he had
g r ow n up in th e area a nd reques~ed that thi s var iance be granted and that he had no object -
tions to the carport. Mr. Wagner point ed o ut that there i s school-owned a nd u sed pr ope rt y
a cross Ti mbe r a nd aske d whether anyone kn e w i f th i s wo ul d e ver be used as R-1 Sin g l e Fam i ly
Res i denti a l u se aga in to whi ch Mrs . Bo u ghto n indi cated that thi s land had bee n do nat e d to ·
the s chool d i s trict by cit i ze n s and s he do u bted if th ey cou ld se ll i t, th e refor e it 1vo ul d
proba bly a l ways be u se d as pa rt of the operat i o n of th e schoo l d i s trict. Board discussion
fo l l owed conc e rnin g a n y poss ibl e uniqu e and specia l conditions which might includ e t he l ots
in th i s a r e a go ing th r ough from one s tr ee t t o a noth e r, the ex i s tin g s tructure be in g in the
midd l e of 2 l ots a nd the sc hool propert y ac r oss the s t ree t whi c h i s being u se d for othe r
thci n r es i de nti a l use.
Mr. MacGi lv r ay aske d to be shown why the cci rport co ul d not b e l oca t ed in another spot and
Mr . Ha r pe r came forwa rd a nd s howe d th e maxim um clearspan a ll ow abl e . Mr. MacGi lvray po int ed
ou t that up to 200 ft. can be spa nn ed , a nd Mr . Ha rper sa id th e app licant cannot affo rd
tha t type of s teelwork . Mr . Upham ex plain e d that it i s the Board's obligat i o n to exp l ore
ZBA Mi nut es
4 -19 -8 3
page 5
a l 1 a r e as a nd Mr . Li nd s ay f urth e r e xp l ain e d th e ob li gation s impo sed by l aw t hat t he Bo ar d
c a n on l y g r a n t v aria nc es whe r e ow in g to un iqu e a nd sp e c i al cond i t i o n s o f t he l a n d no t
r no r ma l l y fo un d in li ke d i stricts a s tr i ct e nf o rc e me n t o f t he pr ov i s i o n s o f th e ord in a nc e
~ by the Zo ning Of f i c i a l woul d r es u l t i n unnec e ssary ha r dsh ip, as we ll as not bein g co ntrar y
to t he p u b lic int eres t . Mr . MacG i l vr ay ex p l a i ne d that the ha rd s hi ps ca nnot be s e l f -i mp o sed
o r f i na nci a l o nl y i n na tu r e .
/
i
Mr . Wa g n e r ma de a mo ti o n t o a uth o riz e a var i a nc e to th e mini mum s i de a nd r e ar se t ba c k
(Ta b l e A) a t 1 15 Lee St r e et f r o m th e t e rm s of t hi s o r di nanc e as it v1i ll no t be c o nt r ar y
to t he p ub l ic i nt e r est , d ue to th e fo l l ow i n g uni q ue a nd s pe c i a l co nditi o n s o f th e l a n d not
no r ma l l y fo und in li ke d i s t ri ct s : (1) th e hou se i s o n 2 l o t s 1v i th p ublic s t r ee t s a t bo t h
e n d s ; (2) t he a r ea i s in a n o l d e r or ne ar l y s pe ci a l h i s tor i c d i s t ri c t in th e Ci t y ; (3 ) t he
exi s tin g we ll-des i g ned driv ew a y w i th s ai d car por t wo ul d g i v e ma xi mum un ob stru s i ve use of
th e d riv e wi t hout det r a cti n g from th e v i s ua l aspe ct s wh ich now exis t and b e cau se a s tr ict
e n f o r ceme n t of the p r o vi s i o ns of t he or d in a nc e wo u l d r e s u lt in unn e c essa r y har dsh i p , and
s uch th at t he sp ir i t o f th i s o rdin a nc e s ha ll be o bse r v e d a nd s u bs t a nti a l justic e d on e and
wi t h t h e fo ll 01 ·1i ng s pec i a l co nd it io n s : to v1i t, th e 5 ft . s i de a nd 17 f t. r ea r se tb a c k.
va ri a nc e . Mr . Li ndsay se con d ed fo r pur poses of d i s cu ss i o n o nl y , a n d then sta t ed t ha t i n
h i s op ini on th e as th e tic s cond i ti o n sh o ul d not be i nclu d ed i n t he mot i o n . Mr. Ma cGi l v r a v
& Mr. Upham a g r ee d .
Mr . ~l ag n e r th e n a me nd e d h i s moti o n to r e ad as fo ll ov1s : "I move to a ut hor i ze a var i a nc e
t o th e mi n i mum s i de a nd r ea r se t bac k (Tab l e A) f r om th e t e r ms o f th i s ord i n a nce a s i t \·1 i ll
no t be co ntr a r y to th e p ub l i c i nt e r e st, d ue t o th e fo l l 01·1ing uni que and s pec i a l c o ndit io n s
o f t he l a n d no t no r ma ll y fo und in li ke d i s t r i ct s : (1) the ho u se i s o n 2 l o ts ~v i th pu blic
s tr ee t s at bo th en d s , (2) th e e x i s t i n g s t r uc t u r es a nd u s es of p r ope r ty s urr o un d i n q t hese
l o t s a nd (3) t he c ar po r t as de s i g n e d ma kes e ff i ci e nt Ll nd mo r e u se of t he e x i s tin g-d r i ve -
way , a n d be cau s e a s tr i ct e nfo r c e me nt of th e pr o v i s i o n s o f t he o r d in a nc e wo ul d r e s u l t i n
unn e c essa r y ha r d s hi p , a nd s uch that t he s p i r i t o f th i s o rd i na nc e s ha l l be observ e d a nd
s u b s t ant i a l j u st i ce don e , an d wi th th e fo ll 01 ·1i ng c o nd i ti o ns : to 1v i t , t he 5 ft. s id e a n d
17 Ft. rea r s e t bac k v a ri a n c e . Mr. L in dsay th e n se co nded t h i s ame nded mo t i o n 1·1h i ch ca r r i e d
una ni mo u s l y . (4 -0).
AGEND A ITEM NO. 8 : Oth e r bu s in e s s
Mr s . Kee r e f e r r e d to he r mem o wh ic h i s inc l ud ed i n th e pa c ke t s a nd ex p l a i n e d th at t he
ti me be t we e n t h e f ilin g d e a dlin e a nd t he da y th e a d s mu s t g o to t he new spa pe r a nd th e
l e t t e r to th e Po s t Of f i ce i s some ti mes t oo : s hor t fo r th e P l a n n i n g Te chnic i a n t o p r epare
p r o pe rl y , a nd th e r e qu e st i s t o c ha n ge the F i li ng dea dli ne f r om Frida y no on to \fodn esd a y
noo n . Boa rd concurr e d , a n d Mr. Wag ne r made a mo ti o n to th at e ff e ct wi th Mr. Ma cGi l vr ay
se c ond i n g . Motion ca rri e d unani mou s l y . (4 -0 ).
Bo a r d a ske d Mr s . Ke e to d i s cu ss t he matt e r o f one ap art me nt c o mp l ex v s . di ffe r e n t ow ners
a nd s e pa ra te c omp l e xes with t he Ci t y Att or ney p r io r t o t he ne x t mee tin g .
With o t he r b u s in ess c o n cluded, Mr . Wag n e r made a mot i o n to a djo u rn w i th Mr . Li nds a y
se c o nd i ng . Moti o n to adjou rn ca rri ed un a n i mo u s l y (4 -0 ).
APP ROVED :
Da n Mac Gi l v r ay, Act i ng Ch a i r man
ATT ES T :
Cit y Se cr e t a r y , Di a n J o n es
Memo to ZBA
5-17-83 meeting
page 2
AGENDA ITEM NO. 3: Consideration of a variance request to Section 8-D.9 of Ordinance 850
1 imiting commercial businesses to one detached sign. Application is in the name of Plan-
tation Oaks Apart me nts/Tower Properties LTD.
This item was tabled at the last meeting as the applicant did not appear.
On December 14, 1976, the ZBA granted a variance to the sign requirements for Plantation
Oaks Apts. to erect two entrance walls with copy on each (see enclosed elevation and site
plan). On Dec ember 2, 1982, the Planning and Zoning Commission granted a conditional use
permit for the opera tion of a Day Care Center within the Apartment Complex.
The owners of the Day Car e Center are requesting a variance to Section 8-D~9 of the sign
regulation s which limits businesses to one detached sign. They wish to put copy on both
entrance wa lls.
AGENDA ITEM NO. 4: Consideration of a variance req uest to Section 7-C of Ordinanc e 850
regarding the nu mber of required on-site parking spaces provided at a project loc ated on
Vall ey View Dri ve and the Texas Avenue frontage road. Application is in the na me of Auto
Horse, Inc., a Texas Corporation.
The applicant i s requesting a variance to 8 parking spaces for a business which has been
under construction since February 1983. When the project was reviewed and approved by
the P&Z the fol lowing condition was placed on the applicant: ''Get a letter from K-Ma rt
stating that overflow parking from thi s property can use the K-Mart parking lot.11 (See
PRC Report).
The PRC and th e P&Z felt that although this might not technically meet the ordinance it
was not unreasonable or unrealistic as there are approximately 680 parking spaces avai 1-
able on the K-M art lot to se rve 90,192 square feet. (90,192/200 SF=451 spaces+ employee).
There are other examp l es in town of shopping centers with out-parcels where not all park-
ing i s provided on the parcel but cross-parking and access easements are provided (Post
Oak Mall; T.G.& Y.in Par kway Plaza).
In retrospect it wo uld have been better to withhold the building permit until an actual
letter or agreement from K-Mart was in our files. However, the City was assured, as was
Mr. Held, that "everything was being taken 'care of." Now, it appears that although K-Mart
has no problem with Ira's customers using the parking in the center lot, they will not
issue an agreement in writing.
The staff has no problem with this request in 1 ight of the present circumstances. There
is an undue hardship which has not been al 1 self-imposed by the applicant and there i s
excess parking available. We believe a variance would be justified and would not neces-
sarily set a prec ede nt for future parking variances.
AGENDA ITEM NO. 5 : Consideration of a variance request to Table A of Ordinance 850 r e -
gard ing side setback requirements for the erection of a carport at 303 Walton. Appl ica-
tion is in the na me o f Dor ot hy & J. G. Mackin.
The applicant is requesting a variance to the s ide setback to construct a carport and at-
tach it to an existi ng structure. The application is self-explanatory.
AGENDA ITEM NO. 6: Consideration of a variance request to Table A of Ordinance 850 regard-
in side se t back requirements for the erection of a patio cover at 303 West Univ ers ity
Bogie's Resta urant . Application is in the name of A.P.Boegner 303 Inc.
The applicant is requesting a variance to both side setbacks for construction of a patio
Memo co L~A
5-17-8 3 Meeting
page 3
cover behind Bogie's Restaurant. The permit request is to extend a patio cover from
side property line to side property line over an existing patio area. Enclosed is a memo
from the Fire Marshal's office concerning this.
AGENDA ITEM NO. 7: Consideration of a variance request to Table A of Ordinance 850 re gard -
ing rear setback requir e ments for the erection of a garage at Lot 16 Block 2 of Emerald
Forest IV Subdivision, located at the corner of Rosebud & Bent Tr ee . Application is in
the name of Ranco Home.
The applicant Is requesting a variance of fifteen (15) feet to the rear setback for th e
construction of a garage in Emerald Forest. At the time the building permit was revie\ved
in my office the site plan indicated three curb cuts. I called Ted Randall to inform
him that these curb cuts we re not acceptable. The garage on this site plan was encroach-
ing the rear setback. Ho we ver, I did not address this over the phone at that time.
Although the builder signs the permit application stating that he is aware of all requir e -
ments, this is a n ew builder and J feel partially responsible for not verbally addressing
the setback probl em to him over the phone. I noted the setback on the application and
the slab inspector caught the encroachment at the time of the slab inspection. (There is
no slab on the ground but the steel is in place). Enclosed is a site plan indicating
surrounding structures.
sjv
ZONING BOARD OF ADJUST~IBNT FILE NO.
Name of Applicant _ _,_P....il..1!acl.Jn_ta""'"J:.k...L:i o,,.,n-'----'0.L!.auk'-"s'----LIA4"'p-"t....i.s_._. 1-II.1.-'o.,_,wwe"-'r___._P--'-r_....04-'p""e_.__r ...... t_,_j Pi::..S..:>..-1l_Iu.D,___ _________ _
Hailing Address 1501 Harvey Rd. College Station. Ix. 77840
Phone (409) 693-1011
Location: Lot Block Subdivision
Description, If appli~able Modify exsiting entrance signage to include advertising
for Da y Care Center.
Action requested: Addition of letters to exsiting signs for advertising da y care center.
NAflli ADD RE SS
(From current tax rolls, College Station Tax Assessor)
ZO NING BOARD Or A.DJUSTH£NT FILE NO.
Pre s e nt zonin~ of l a nd in qu es tion C-1 General Commercial.
~~~~~~~~~~~~~--~~~~~~~~~~~-
S e ction of orcinan ce from which v a riance is sought 8-09
~~~~~~~~~~~~~~~~~
The following specific variation from the ordinance is requested:
Two detached signs of Day Care Center
This variance is n e cessary due to the following unique and special conditio ~s of
the land not found in like districts :
In order that existing at siqnaae can be maintained there by eleminating the need
for additional si gnage .
The following alternatives to the r equested variance are po ss ibl e :
Erection of additiona l sign .
This variance w-1 11 not b e contrary to th e public inter es t by virtue of the followin g
f·~ct~: This i s a minor alteration to exsiting it does not alter the location or
configuration Qf ex~iti8q sian any ~anner .
The fact s th is application are true and corr e ct.
April 8 , 1983
Date
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ZONING BOARD OF ADJUSTMENT
FORMAT FOR MOTIONS
Variances: From Section 11-8.5
I move to (authorize or deny) a variance to the
yard (6-G) -------
Jot width (Table A) -------
Jot depth (Table A) -------
sign regulations (Section 8) -------
mi ni mum setback (T a ble A) -------
parking requirements (Section 7)
------~
f r om t he t e rm s of t h i s o rd i n a n c e a s i t ( w i I l no t , w i 1 I ) be con t r a r y to t he p u b I i c
interest, due to the (lack of, following) unique and special conditions of the
land not normally found in I ike districts:
l. 5.
2. 6.
3. 7. -------------------'----------------~
4. 8.
---------------------------------~
and because a strict enforcement of the provisions of the Ordinance
(would, would not) result in unnecessary hardship, and such that the
spirit of this Ordinance shal I be observed and substantial justice done,
and with the following special conditions:
I. 4.
2. 5.
3. 6.
ZONING BO,\RD OF AD JUS T'!E NT FILE NO. ----
Name o £ App li cant _..'....A~u~t::..:o~.'....!H~o~rc.::s:'....::e"--=-I~nc:::c:...!.c...;''----'a~-=T_,.e'-'-x"""'a""'s,,___,,C""o'-"r4p"--'o"-r.._,_.a_,,.t'"""i._,,o._.n...__ ________ _
Mailing Address -~5~2~4~U:'....::n..'....i~·v~e~r~s~i~t~vL-~D~r~i~v~e==---~E~a~s~t=.....\-,-""C-""o~l~l~.e~g~e,..__~S~t~a~t~i~·o~n~,_T~e_x,,_,_.a~s~---
Phone ___ 6_9_6_-_1_3_5_1_~;----:---~
Part of
Location: Lot /Block 13 Subdiv ision -----------
Description, If a pplic a ble --~S~e~e:..._';a~t=-=-t~a~c~h~e~d=---~E~x~h~i~b~i~·t=-----"~A~'-'------------
Action reques ted: Parking s pace variance
NAHE ADDRESS
(From curr e nt t ax rolls, Colle g e S tation Ta x Asse s s or)
1. (Block Pt. 13, Southwood 26 )
College Station Partners, c/o Property Tax Ser,rice, P 0 Box 344730,
Dallas, Texas 75234
2 . (Block 10, Lt. 19, Southwood 26)
Walton W. Hardin, Jr ., attention: Rea 1931, Route 4, Box 291, Coll e ge
Station , Texas 77 840
3. (Lot lA, La keview Acres)
C. M. Sykes, 2711 Texas Avenue, College Station, Texas 77840
4. (Lt lB, Lakeview Acres)
K. C. Morga n, 2717 Texas Avenue, College Station, Texas 77840
5 . (TR . 46 Morgan Rector )
Baroin H. Nelson, Jr ., 723 27th Street, San Francisco, California 94131
FILE NO .
P t · f 1 d · t · C-1 General Comm ercial resen zon~~g o an in que s ion ~~~~~~~~~~~~~~~~~~~-,-~~~~~~
Section of crdinance from which variance is sou g ~t Section 7-C # park i n g sp ace s
The follo~ing specific variation from the ordin ance is requested :
required
That applicant be allowed to complete the building utilizing 22 pa rki ng
spa c es; a nd th at a v aria nce be gran ted in the number of parking places
req u este d per retail foot of th e building
J
"\(' -__ ,_ /\
:I v
under construction.
This variance is necessary due to th e following uniqu e and special conditi ons of
the land not found in like di st ricts:
There is parking ava ilable on adjacent propert y th a t ia not
utilized.
The follm<ing alterna tives t o the requested vari a nce are possibl e :
All al t ern a ti ve h ave been exp lor e d and n one exist except to cease
construction on th e ' building .
Thi s variance will not be contra ry to the public inter est by virtue of the follo win g
faci:s: Nu mb erous parking spaces are available an the K-Mart propert y
adjacent to th is location.
appli ca tion a re tr ue and corr e ct .
September 21, 1982
MEMORAtJDUM
TO:
FROM:
City of College Station
POST O FFICE BOX 9960 11 0 1 TEX..-\S ,-\V E 'LE
COLLEGE S T A TIO N. T EXr \S 77840
Planning and Zoning Commission
Timothy Keneipp, 511 University Drive East, Suite 204
Project Review Committee:
Al Mayo, Director of Planning ' -
Jim Behling, Planning & Zoning Chairman
Mark Smith, Asst. to City Engineer
Other Staff:
Jane Kee, Zoning Official
Joe Guidry, Electrical Superintendent
Jim McCord, Elec. Power Engr.
Bill Cupp, GTE
Shirley Volk, Planning Technician
SUBJECT: Ira's (Auto-Horse, Inc.) -Parking Lot Plan (82-439)
Located at corner of Valley View Drive & Texas Avenue Frontage Road
The P. R. C. met on September 21, 1982 to review parking lot plan for the above
mentioned project. The P.R.C. recommends approval with the following conditions:*
(l) Establish either a physical drive to join parking lot to K-Mart lot
and establish an access easement (from K-Mart) to this site, or relocate
the curb cut so it will be entirely on this property.
(2) Get a letter from K-Mart stating that overflow parking from this property
can use the K-Mart parking lot.·
(3) Re-calculate parking requirements, show on plan and stripe all
needed to meet requirement (on K-Mart property and this property).
(4) Allow 15 ft. rear setback (requirement of Ord.850)
(5) Allow 8 ft. setback from front property 1 ine between that 1 ine and
parking lot line.
(6) Identify sizes and types of landscaping (trees, shrubs, grass)
spaces
(7) Consult with Joe Guidry, Jim McCord & Bill Cupp (GTE) regarding a workable
utility system.
(8) Present a written agreement from K-Mart concerning use of garbage facilities,
or consult with George Ford concerning location and type of service needed.
*Any changes to the approved site plan must be cleared through the Office of
the Director of Planning.
tJEED 10 COPIES BY 5:00 PM ON OCTOBER lST TO BE INCLUDED ON 10/7 P&Z MEETING.
sj v
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T,...M .l.J
......... ...,
Location M~-
IRA'S C4U«Je ~
I
VALLEY VIEW DRIVE
~ Keneipp & Associates : Afthitects
UJ > ~
l-a: < ::E
:.::
ZONING BOARD OF ADJUSTMENT
FORMAT FOR MOTIONS
Variances: From Section 11-8.5
I move to (authorize or deny) a variance to the
yard (6-G) -------
lot width (Table A) -------
lot depth (Table A) -------
sign regulations (Section 8) -------
minimum setback (Table A) -------
parking requirements (Section 7) ---------'
from the terms of this ordinance as it (will not, will) be contrary to the public
interest, due to the (lack of, following) unique and special conditions of the
land not normally found in 1 ike districts:
1. 5. ________________ ___;;:___ _______________ _
2. 6.
3. 7. -------------------='------------------
4. 8.
and because a strict enforcement of the provisions of the Ordinance
(would, would not) result in unnecessary hardship, and such that the
spirit of this Ordinance shal 1 be observed and substantial justice done,
and with the following special conditions:
1. 4.
2. 5.
3. 6.
ZONING BOARD OF ADJUSTMENT FILE NO.
Name of Applicant Dor o thy &J. G. :V!ack i n
Mailing Addres3 303 '.>i a l ton ,Co ll ege Stat i on ,Tx
6 96 4553
Location: L l ? .--i •. 1~ fin k ? o t _--_'_!:. _iO oc __ _ Subdivision CO l l ege Hills
Description, If applicable same ;:is abo ve ~----'--_;_.;;c:.____;_c_:_::--'-::_-----------------~
Action requested: v ariati o n sid e -set bac k f or e r re c t i on f or c a r port
NAME ADDRESS
(From current tax rolls, College Station Tax Assessor)
J
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ZONING BOAFJ) OF ADJUSTM EN T FILE NO.
Present zoning of land in question
~----~---------~----~~~~--
r e si de ntial s i n g l e fa mily dwe ll ing
Section of ordinance from which variance is sought ta bl e A ~-"=--~~=----"-'---~-~--------
The following specific variation from the ordinance is requested: t o c on st r uct
r.an)ort 5& ~ fe et from orop e rt v l in e in b ac k a nd6 l in c hes in
f ro n t
This variance is necessary due to the following unique and special conditions of
the land not found in like districts:
t he sh o p to which car p or t i s t o b e c onn e ct e d i s abo u t SG ye ar s
old a nd was constru ct e d 5 f ee t 6 i n ch es from property li n e
The following alternative s to the requested variance are possible: o f f s e t
~---
c arport b y 2 fe ~t
This variance will not be contrary to the public interest by virtue of the following
f~c~~: wil l not obstru c t ; or i n convi e nc e ; o r dA toriat e t h e
a pp e arance o f n e i ~hb o rh oo d
T l1e._ fact s s tci. t e c1 by riie in this applica tion
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ZONING BOARD OF ADJUSTMENT
FOR MAT FOR MOTIONS
Variances: From Section ll-8.5
I move to (authorize or deny) a variance to the
yard (6-G) _ -------
lot width (Table A) -------
lot depth (Table A) -------
sign regulations (Section 8) -------
minimum setback (T a ble A) -------
parking requirements (Section 7)
------~
from the terms of this ordinance as it (will not, will) be contrary to the public
interest, due to the (lack of, fol lowing) unique and special condition s of the
land not normally found in like districts:
l. 5. ________________ .;.._ _______________ _
2. 6. ---------------------------------
3. 7. -----------------'------------------
4. 8.
and becaus e a strict enforcement of the provisions of the Ordinance
(would, would not) 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:
l. 4.
2. 5.
3. 6.
ZONING BO ARD OF ADJUST~IENT FILE NO.
A. P . Bo eqner 303 I:IC .
2 0?03,0 1 1 s o ~ CollP-oe1 t J r yan11 Tes ast7t7801 Hai ling Address 3 v esc:. On ivers y ,-co _eg e :::> u. i on , Tcx ic s 778 40 ------
Phone 846 1711 3 2 2 3251
Location: Lot Block Subdivision --------
vJas , S"ebast i an s o r The 1\larno
Action requested: Va rian c e to ~i de s2t ba c ks (b oth )
AJJD RE SS
(From curr e nt tax rolls, College Station Ta x Assessor)
ZO~ING BOARD OF ADJUSTHENT FILE NO.
Section of orcina nce from which variance is soug ht
The following s pecific vc.ri a tion from the ordinance is requested:
Pa tio Cover to e:·:tcnd to s i d e :iror;erty l i nes c:.1 r-<".ch s.i.(~C.:'.
~~~~~~~~~~~
This variance is necessary due to the following unique and special conditio a s of
the land not found in like districts:
It is in i!ort h C32L.,_ ;:r-cc·•.. J+-·'o"'r n 1' t look cl ~ d t · f-· t ~ '-_. L.:> . ._e c1r .. ':!\ llC~a· rQ\·1! i)\) l c~1..L..2.._
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The following alternative s to the requ e ste d var ia n c e are po s sible :
This variance will not be contrary to th e public interest by virtue of the following
f~c~~: I t wi ll g r eat l y impro ve No r th G~t e .
The fact s s tated by me in thi s appl i c a ti o n a re t r u e and correct.
Date
I 'OST OFFICE nox DD(-)Q 110 1 T I::\'.:\S ;\\'l:::'\l Tc
COLLEGE STr\TI00:, TEX, \S 77840-2.+rnJ
May 1 0, 1 983
MEMORANDUM
TO: Zoning Board of Adjustment
FROM: Harry Davis, Fire Marshal u~1 , ' . ~ I~ . •,
''
SUBJECT: Variance Request for Boegies
The Fire Marshal 1 s office has no problem with the variance
request at 303 University in the name of A. P. Boegner.
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ZONING BOARD OF ADJUSTMENT
FORMAT FOR MOTIONS
Variances: From Section 11-8.5
I move to (authorize or deny) a variance to the
yard (6-G) -------
lot width (Table A) -------
lot depth (Table A) -------
sign regulations (Section 8) -------
m1n 1mum setback (Table A) -------
pa r k ing requirements (Section 7) -------·
from the terms of ·this ordinance as it (will not, will) be contrary to the public
interest , due to the (lack of, fol lowing) unique and special conditions of the
land not normally found in like districts:
l. 5. ------------------=-----------------
2. 6.
3. 7. ________________ __...;. ________________ _
4. 8.
and because a s trict enforcement of the provisions of the Ordinance
(would, wou ld not) result in unnecessary hardship, and such that the
spirit of this Ordinance shall be observed and substantial justice done,
and with the following special con d itions:
l. 4.
2. 5.
3. 6.
ZONING BOARD OF ADJUST~IENT FILE NO.
Name of Applicant ___ R_a n co H 9~m.:..:....::.e _________________________ _
Nailing Addres 3 ____ l_l _2_8_V_i _l _l_a __ M_a_r_i ...:.a ______________________ _
Phone ___ 7_7_5_-_3_o_o_o _____ ~
Location: Lot _LQ_ __ Block_......._ __ Subd ivi s io n Em erald Forest IV
Description, If appli~able Corner of Roseb11d a nd Be nt__...J.....L-J:::...t::.-----------
Action request ed : Variance of 1 5 ' to Rea r Set Back
NAflE ADD RE SS
(From current tax rolls, College Station Tax Assessor)
ZO~ING BOARD OF ADJUSTHENT FJ.LE NO .
R-1 Present zoning of land in question
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Tab le A Section of ordinanc e from which v a riance is sought
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The following specific v2ria tion from th e ordinance is reciuested;
Want to locate a g~rage JO ' f rom the rear propery liHQ
This variance is necessary due to the followin g unique and specia l conditi o:1s of
the land not found in like districts:
D u e t o t h e s h a p e o f t he 1 o t t h e g a r a g e _,\.!..vi.._· .... l_.l_n~o_._t_f...._._j _._t~ _ __.T__.h~e'""--...... 1 ..... 0.._t.___..1._.· a~a
purchased by a n individual a nd plans were bro u g ht to us supposable
pre-aproved .
The followin g alternatives to the requ es t ed var iance arc possible: We have been
unable to fi n e a nd alternative for this is the reason for askin g
for a Var i a n·c e •
This variance will not be contrary to the public inter es t by virtue of the following
f·~c~~: The House on North East side lot 1 5. is not affected bec a use
line is not being altered .
House on Northside 1 lot 17 is not affected because of 20 ' utiti ly
easment an d t he house is sitting on the f 11rtberest sidg of 1 ot 17 •
. So uth and West is bound by Street .
Th e fact s stated hy me in this application are true and correct .
Date
ZONING BOARD OF ADJUSTMENT
FORMAT FOR MOTIONS
Variances: From Section 11-8.5
I move to (authorize or deny) a variance to the
yard (6-G) -------
lot width (Table A) -------
lot depth (Table A) -------
sign regulations (Section 8) -------
minimum setback (Table A) -------
parking requirements (Section 7) --------'
from the terms of this ordinance as it (will not, will) be contrary to the public
interest, due to the (lack of, following) unique and special conditions of the
land not normally found in 1 ike districts:
1. 5. ________________ .::...._ _______________ _
2. 6.
3. 7. -----------------'-----------------
4. 8. ---------------------------------
and because a strict enforcement of the provisions of the Ordinance
(would, would not) 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:
1. 4.
2. 5.
3. 6.
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