HomeMy WebLinkAbout34 Regular Meeting 6.22.76..
AGENDA
ZONING BOARD OF ADJUS TMENT
June 22, 1976
7:30 P.M.
1. Approval of the minutes of February 24, 1976 and the me e ting of
June 8, 1976.
2. Consideration of a request fo r variance from Mr. John Drisdale,
105 Moss Street.
3 . Consideration of a request for variance from Mr. Earnest S. Camp,
1809 Sabine Court.
4. Consideration of an appeal from Lexington Apartments and Motor
Inns, 300 Dominik Dr .
5. Other business.
6. Adjourn.
CITY OF CO.LLEGE STATION
POST OFFICE BOX 9960 11 01 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
June 15, 1976
MEMORANDUM
TO: Zoning Board of Adjustment
FROM: Building· Official
SUBJECT:· Meeting of June 22, 1976
1. The meeting will have to be held in the Conference Room due to an
unscheduled public hearing of the Planning Commission. There will
be seating for the Board, the appellant and fourteen other persons
at any given time. If we have a large turnout we may have to call
in those persons interested in the particular case being heard and
ask others to wait outside until their case is called.
2. Request for variance from John Drisdale; 105 Moss: The applicant
has completed the request form which states most of the pertinent
information. The existing house is about two years old and was the
last one built in a block of much older houses. There is one garage
in the block built to a setback similar to that proposed.
3. Request for variance from Mr. Earnest S. Camp, 1809 Sabine Court;
We have included a site plan from Mr. Camp ts building permit application
showing the proposed addition and part of the adjacent house. The
applicant proposes addition of a second floor over the ground floor
extended as shown.
The portion of the existing garage which extends over the easement.
is not a problem as far as the Zoning Ordinance is concerned since it is
more than 7 1/2 feet from the side line. We have told Mr. Camp that
we will not permit any extension encroaching on the easement, and he
agrees to this.
The original structure was built in October, 1969 when a five
foot side building line was in effect. The encroachment on the front
building line and easement line was not lawful at the time of construction.
MEMORANDUM, Zoning Board of Adju s tm e nt
Page 2
The contractor on the original job was Traditional Homes, Phyllis Hobson,
president. Mr. Camp was not the original purchaser.
3. Appeal from Lexington Apartments and Motor Inns: We have enclosed
the correspondence which serves as the basis of the appeal. The definitions
of "Apartment Hotel" and "Apartment 0 are found on page 3 of the Zoning
Ordinance .
The distinct i on between units for transient guests and apartment
units was taken to be the presence or absence of cooking facilities.
If this is not valid, some other distinction should be found so that we do
not arrive at a situation where any apartment complex could classify
themselves as an apartment-hotel by so naming themselves.
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MEMBERS PRESENT:
MEMBERS ABSENT:
VISITORS PRES ENT:
MINUTES
Zoning Board of Adjustment
February 24, 1976
7:00 P,M.
Chairman Etter, Members Weiss, Jones, Ringer, Runnels;
Building Official Koehler
None
See guest register.
Agenda Item No. 1 --Approval of the minutes of the meeting of December 16,
1975.
Ringer moved that the minutes be approved as read. The motion was seconded
by Jones and unanimously approved.
Agenda Item No. 2 --Consideration of a variance request from Dr. J. M.
Szabuniewcz.
Mr. Koehler pointed out that the applicant's plan observed all applicable
building lines and that a multi-family structure could be built on the same site
without having to observe the 60 foot minimum lot width. He said that the
minimum width provision of the ordinance for duplex zoning did not anticipate
construction in existing parts of town.
Jones stated that the construction proposed would be an improvement to the
neighborhood and moved that the variance be granted. The motion was seconded
by Runnels and unanimously approved,
Agenda Item No. 3 --Consideration of a variance request from the Bank of A&M .
Mr. Goehring explained that one of the temporary drive~in windows would overlap
the side street setback lines, that they could not be put anywhere else on the
site without creating traffic problems on the adjoining major thorofares,
that State banking laws prohibited remote locations or the closing of the
facilities, and that the building would be in service about 90 days until the
permanent windows were completed elsewhere on the site.
Mr. Koehler said that the City Staff's study agreed with Mr. Goehring's statement
and that the ordinance allowed for temporary buildings incident to construction
to be used for non-conforming land use.
Weiss moved that the variance be granted , The motion was seconded by Ringer
and unanimously approved with Jones abstaining.
Agenda Item No. 4 --Other business.
There was no other business.
Agenda Item No. 5 --Adjourn.
Ringer moved that the meeting be adjourned. The motion was seconded by Weiss
and unanimously approved.
APPROVED
Chairman
/
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(
MEMBERS PRESENT:
MEMBERS ABSENT:
VISITORS PRESENT:
MINUTES
ZONING BOARD OF ADJUSTMENT
June 8, 1976
Chairman Mike Weiss; Members Sandra Runnels, Tom Comstock,
John Hughey; Council Liaison Larry Ringer; Buil.ding Official
Bill Koehler; City Attorney Neeley Lewis; Special Consultant
David Pugh
Janet Storts
See guest register.
The meeting was called to order at 7:30 P,M,
Agenda Item No. 1 --Staff briefing. Mr. Koehler, Mr. Lewis and Mr. Pugh
discussed the functions and procedures of the Board.
Agenda Item No. 2 --Discussion of Rules and Procedures.
The members consented to retain the policy of positive motions with respect
to granting of variances and appeals and agreed that the Chair would propose
the motion.
The members discussed the policy of direct notification of adjoining owners.
Mr. Pugh pointed out that the Board's consideration of most cases should
rest on the facts of a particular case as applied to the property in question
and that testimony of adjoiners should be addressed to fact rather than
individual preference. He suggested that it would be possible to limit
testimony to the appelant or applicant only. The members consented to continue
the policy of notification of owners within 200 feet.
The Board discussed the possibility of actions to bring about discontinuance
of non-conforming uses. Mr. Pugh suggested that this is usually done after the
Council adopts supplemental ordinances specifying the type uses to be dis-
continued and the districts in which it will be done, The matter was referred
to the Council for study.
The members agreed that they would be willing to hear use permit cases should
the ordinance be so amended.
Agenda Item No. 3 --Selection of preferred· meeting date.
The Board chose the third Tuesday of each month at 7:30 P.M. as a preferred
meeting date.
Agenda Item No. 4 --Call of business meeting.
The next meeting to hear pending cases was called for Tuesday, June 22 at 7:30 P.M.
Agenda Item No. 5 --Adjourn.
There being no further business, the meeting was adjourned.
APPROVED
Chairman
ATTEST
Secretary
-~ ·Page 2 of 2 File No.
----~---I?.Z QUEST FOR VARI /l..N CE
Present zoning of land in question. __ R_-_l_C ___ _
·Section of ordinance from which varianc e is sou ght 6-G. 2 (Table A)
The following specific variation from the ordinance is requested: To construct
a carport within 10 feet of a rear property line.
This variance is necessary·due to the follqwing unique.and sP.eci~l conditions
of the J.and not found :i.11 lik~ districts: tlJ Tfie lot is 50' wide and there is
insufficient room (l~.5'J to build on the side of the house.(2) The
carport will be compatible with the neighborhood as the property in back
of' Biko 22, Lot 3 also has its garage HP from the rear property line.
{3) The proposed construction will be compatible with the neighborhood
as the addition was constructed prior to 1972 when the current regulations
were adopted. {4) Location of the carport as shown will permit future
additions to the existing house without a variance. (5) Approval will
permit the occupant's two automobiles to be parked off. the street and
Will reauce .tra!!1c hazards ana improve the !low o! tra!!ico
The following alternatives to the requested variance are possible: ___ T_h_e ___ _
owner desires to add a downstairs bedroom to the rear of the house
in the future. Therefore, the only alternative is to continue parking
the two automobiles in the street if a carport is not approvedo
This varianc·e will not be contrary to the public interest by virtue· of the follo\..rlng
facts: The house is new{l975) and has improved the neighborhood. The
proposed construction will be compatiblewith both the house and the
neighborhoodo Approval of the variance will therefore be in the public
interest by re_ason of improvement of surrounding property values. In
aadition, approval will reduce parking congestion and reduce traffic hazard~
The stated in this application are true and correct.
)JA4Loii/:?7t
Date ."
Rt,VIEW AND COMMEJ.IJ"T: Building Official: ~/f/__ S 1 fr~.,,/ /.?:v)!//J</· 1 s £7/'L..?.5;_£,,d e rc1 ..-
1 l / ;· ;
REV I EH .Aflill CONHZ.N T: Fire Marshal
REVIEH AND COMMENT: City Engineer:_·----------------------
The Zoning Board of Adjustment has examined the facts presented herein and
reflected in the minutes of the public meeting of and have
determined that the requested variance (IS / IS NOT) contrary to the public
interest and that unique and special conditions (DO /DO NOT} exist as stated
herein: and as reflected in the minutes of the Board's proceedings and the variance
as requested herein (IS / IS NOT) approved subject to the' f ollow.i.ng terms and
conditions:
Chairperson, Zoning Board of Adjustment Date Filed . .
NOTE: Any person or persons or any tax;iayer or any officer, department, board,
commission or coni..JJittee of the City, jo;l'ltly or se~.rerally, aggri6ved by a.'1y
decision of the Board of Adjustment, niay present to a court of record a petition,
verified~ sett:L~g forth that such decision is illegal, in whole or i...~ part,
specifying the grounds of the illegality. Such petition shall be presented to the
court within ten (10) days after the filing of the decision in the office of the
Board.
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'Page 2 of 2
REQUEST FOR VARI AN CE
Present zoning of land in question_R - 1 -C
Section of ordinance from which variance is sought ___ 6_-_G_._1 __ ~-~----~
The following specific variation from the ordinan ce is reque s ted : To C~~~:r:u~c_t~-
an addition to an existing garage to exte nd beyond the front building line.
This variance is necessary due to the following unique and special conditions
of the land not found in like districts:
This variance is necessary in order to make the addition comp atable wi th the main
structure. The two structures should appear to have an even front . The main
structure already extends over the building line by a like amount.
The following alternatives to the requested variance are possible:~_N_o_n_e ___ ~-
This variance will not be contrary to the public interest by virtue of the following
facts: __ 0wn __ e_r_i_s_t_r...:..yi_·_n_:g_t_o_m_a_i_n_t_a_i_n_a_p;;.__le_a_s1_· n_g;;.__a....;p:....;:p:.....e_a_r_a_n_c_e_t_o_t_h_e__,...s_t_r_u_c_t_lir_e_s_b_y=---
making house and garage appear on even line.
application are true and correct.
<f ·-!I -7C
lPPlicant' J:z; Date
REVIEW Al'ID COMMEN T: Building Official:-J...M..::..:.....a ___.1'-'1:""'·%/J"""((/""'· -..:.?."";//',_/._. ___________ _
Rt:.-v.rnw AND COMMENT: Fire Marshal
REVIEW AND COMMENT: City Engineer: ____________________ _
The Zoning Board of Adjustment has examined the facts presented herein and
reflected in the minutes of the public meeting of and have
determined that the requested variance (IS / IS NOT) contrary to the public
interest and that unique and special conditions (DO /DO NOT) exist as stated
herein and as reflected in the :nrl_rmtes of the Board's proceedings and the variance
as requested herein (IS / IS NOT) approved subject to the following terms and
conditions:
Chairperson, Zoning Board of Adjustment Date Filed
NOTE: Any person or persons or any tax~ayer or any officer, department, board,·
commission or committee of the City, jointly or severally, aggrieved by any
decision of the Board of Adjustment, may present to a court of record a petition,
verified, setting forth that such decision is illegal, ill whole or -in part,
specifying the grounds of the illegality. Such petition shall be presented to the
court within ten (10) days after the filing of the decision in the office of the
Board.
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CITY Oli, C ·OI ... LEG:E
POST OFFICE SOX 996 C l 1 0 1 fEXAS A'JENUE
COLLEG E STAT I ON , TEXAS 77340
Nay 28, 1976
Nr. Joe Keeton
4255 LBJ Freeway
Suite ll;8
Dallas, Te x as 75234
Dear Mr. Keeton:
We have reviewed your propos ed plan for the Lexington apartment
hotel proj ect and have determined the effect of our zo r1ing ordinance
on th e project._
An auar tm ent is defined as a dwelling for one family unit which
do e s its coo k ing th e rein. The definitions o f hot els· ·and motels-mak-e . ---
no rn.e nti0n o f cook ing f a cilities. We conclude that th e distinct:Lon
b etween an apartmen t unit and a hotel or motel unit would b e the
presence or absence of cooking faciliti es.
An apartment hotel would be a co mplex in which there would be
sou:e apartment units and some hot e l uni ts. Parking requirements
should be computed at t~w sp a ces for each apartment unit plus one
space for each hotel unit. Parkland d edicatio::i. r e quirements would
be applicable to the apartment units but not to the hot e l units.
I would issue a buildiag permit OI?-the above basis. If you
feel that t:h e above int 2 rp retation :Ls i nco rrect o r should be modified,
ple ase reply by l e t te r to that e ffe ct and I will forwa r d the mat t e r
to the Zoning Board of Ad jus t me!lt .
Sinc e rely,
Uilliacr F. Koeh l e r
Building Offic ial
jo eton + associa e
architect planning consultant
one summers square
4255 lbj frwy
214/239·6882
suite 148
dallas texas.
75234
William F. Koehler
Building Official
City of College Station
1101 Texas Avenue
P.O. Box 9960
College Station, TX 77840
RE: Lexington Apts. & Motor Inns
Dear Mr. Koehler:
June 4, 1976
In reply to your letter of May 28, 1976, and after consulting
with the Lexington Apts. & Motor Inns, we have enclosed a letter
from Mr. Weldon Parkhill to present to the zoning Board of
Adjustments for their consideration.
We trust that this matter will be handled most efficiently by you.
Since the time limit for the Lexington Apts. & Motor Inns is very
short, I will be looking forward to hearing from you regarding the
Boards decision.
JK:sd
Encl.
. / .... ,../"
WELDON PARKHILL
ATTORNEY-AT-LAW
P. O . BOX 1 5 96
GRAND PR AI R I E PROFESSIONAL BUILDING
S TEVEN WILLIAM S
A S S O C I A TE
City of College Station
1101 Texas Avenue
P. 0. Box 9960
College Station, Texas 77840
909 OALWO~TH S TREET
G R AND PRA I RIE, TEXAS 7 5050
June 3, 1976 121 4 ) 264-3456
M E TRO (2 14) 263-3 910
Attention: William F. Koehler
Building Official
Dear Mr. Koehler:
Re: Application for Building Permit -
Lexington Apartments & Motor Inns
Your letter of May 28, 1976, addressed to Mr. Joe Keeton, the
architect of the Applicant, Lexington Apartments & Motor Inns, has been
referred to the undersigned attorney for answer.
I realize the position in which you were placed in that the
operation of Lexington Apartments & Motor Inns is very unique. Being
the Mayor of Grand Prairie, I can understand the dilemma and the ·
purposes of your ordinances regarding apartment units.
However, we would very much like an opportunity and respectfully
request that you refer the application of Lexington Apartments & Motor
Inns to the Zoning Board of Adjustment, which would include a request that
24 units be designated as apartment units and 24 units be designated
as hotel/motel units.
I hope you realize that this operation is unique in that Lexington
Ap~rtments & Motor Inns have 21 locations in various cities in the State
of Texas, and in those particular cities, they have been recognized as
motel units for the reason that they are primarily rented to transient
motorists who have families traveling with them and desire to have a
low cost budget for their traveling expenses and desire to prepare meals
in their rooms. These units are rented normally for one day to one week
terms, and the cooking facilities are only added for their convenience
and fruga 1 ity.
Mr. William F. Koehler
City of College Station
Re: Building Permit/Lexington
Apartments & Motor Inns.
Page Two
We, therefore, ask your re-evaluation as to what constitutes a
hotel/motel unit in your ordinance. If under your present ordinance a
different interpretation could be made whereby a building permit could now
be issued, which after reading your ordinance a hotel/motel unit is not de-
fined as a unit without cooking facilities, it would be appreciated.
In the event that the Board of Adjustment were to approve the plan
that 24 units are designated as hotel/motel units and 24 units are
designated as apartments, then we would be willing to pay the $150.00
per apartment unit as the Parkland dedications fees.
In either event, if the building permit could now be issued,
since this is a unique situation, we would still be willing to pay the
24 unit Parkland dedication fees.
I will await your decision in this matter, but your expeditious
handling of this matter would be greatly appreciated.
Very truly yours,
J/~~)12l!Jt
WELDON PARKHILL
WP/fo
,\
Ordinance No. 850
Zoning Ordinance Page 3
supercede the prior Official Zoning Map. The new Official Zoning Map may "" correct
drafting or other errors or omissions in the prior Official Zoning Map, but no such
correction shall have the effect of amending the original Official Zoning Map or any
subsequent amenchnent thereof. The new Official Zoning Map shall be identified by
the signature of the Mayor, attested by the City Secretary, and bearing the Seal of the
City and date under the following words:
1-C. 2. "This is to certify that this Official Zoning Map supercedes and replaces the
Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordi-
nance No. 850 of the City of College Station, Texas."
1-C. 3. Unless the prior Official Zoning Map has been l<B t or has been totally de-
stroyed, the prior map or any significant parts thereof remaining, shall be preserved,
together with all available records pertaining to its adoption or amendment.
1-D DEFINITIONS: For the purpose of this ordinance, certain words as used herein
are defined as follows:
1-D.1. ACCESSORY USE OR STRUCTURE, OR BUILDING: An "accessory use or
structure" is one customarily a part thereof, which is clearly incidental and secondary
to permitted use and which does not change the character thereof, including, but not
limited to garages, living quarters for servants, bathhouses, greenhouses, or tool
sheds.
1-D. 2. ANTIQUE SHOP: A business which sells items whose value is greater than
original purchase price because of age or intrinsic value.
-----~ 1-D. 3. APARTMENT: An "apartment" is a room or group of rooms used as a dwel-
ling for one (1) family unit which does its cooking therein.
1-D. 4. APARTMENT BUILDING: A building or portion thereof used or intended. to
be used as a home for three (3) or more families or households living independently
of each other and equipped for preparation of food.
---z.P-::::>-"-1-D. 5. APARTMENT HOTEL: A building used or intended to be used as a home of
twelve (12) or more families, who are permanent residents, living independently of
each other,. in which building shall be located on the first floor living units for transient
guests, and/or retail sales and services.
1-D. 6. ATTENDANT BUILDING: A building used to house the mananger or attendant
of a public or private parking lot.
1-D. 7. ARTS 1UDIO OR GALLERY: Where objects of art are created or displayed
for the public enrichment or where said objects of art are displayed for sale (including
the teaching of both painting and sculpting).
AGENDA
ZONING BOARD OF ADJUSTMENT
June 22, 1976
7:30 P.M.
1. Approval of the minutes of February 24, 1976 and the meeting of
June 8, 1976.
2. Consideration of a request for variance from Mr. John Drisdale,
105 Moss Street.
3. Consideration of a request for variance from Mr. Earnest S. Camp,
1809 Sabine Court.
4. Consideration of an appeal from Lexington Apartments and Motor
Inns, 300 Dominik Dr.
5. Other business.
6. Adjourn.
CITY OF COLLEGE STATION
POST OFFICE BOX 9960 11 01 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
June 15, 1976
MEMORANDUM
TO: Zoning Board of Adjustment
FROM: Building Official
SUBJECT: Meeting of June Q2, 1976
1. The meeting will have to be held in the Conference Room due to an
unscheduled public hearing of the Planning Conunission. There will
be seating for the Board, the appellant and fourteen other persons
at any given time. If we have a large turnout we may have to call
in those persons interested in the particular case being heard and
ask others to wait outside until their case is called.
2. Request for variance from John Drisdale; 105 Moss: The applicant
has completed the request form which states most of the pertinent
information. The existing house is about two years old and was the
last one built in a block of much older houses. There is one garage
in the block built to a setback similar to that proposed.
3. Request for variance from Mr. Earnest s. Camp, 1809 Sabine Court;
We have included a site plan from Mr. Camp's building permit application
showing the proposed addition and part of the adjacent house. The
applicant proposes addition of a second floor over the ground floor
extended as shown.
The portion of the existing garage which extends over the ·easement
is not a problem as far as the Zoning Ordinance is concerned since it is
more than 7 1/2 feet from the side line. We have told Mr. Camp that
we will not permit any extension encroaching on the easement, and he
agrees to this,
The original structure was built in October, 1969 when a five
foot side building line was in effect. The encroachment on the front
building line and easement line was not lawful at the time of construction.
MEMORANDUM, Zoning Board of Adjustment
Page 2
The contractor on the original job was Traditional Homes, Phyllis Hobson,
president. Mr. Camp was not the original purchaser .
3. Appeal from Lexington Apartments and Motor Inns: We have enclosed
the correspondence which serves as the basis of the appeal, The definitions
of "Apartment Hotel" and "Apartment'·'· are found on page 3 of the Zoning
Ordinance.
The distinction between units for transient guests and apartment
units was taken to be the presence or absence of cooking facilities,
If this is not valid, some other distinction should be found so that we do
not arrive at a situation where any apartment complex could classify
themselves as an apartment-hotel by so naming themselves.