HomeMy WebLinkAbout6 Regular Meeting 8.19.75AGENDA
Zon i ng Board of Adjustment
August 19, 1975
7:00 P .M.
1. Approval of the minutes of the meeting of August 12, 1975.
2. Consideration of a variance request from The Hamilton Company
for the use of s tructures at 1331 FM 2818 and 1401 Highway 30 ..
3. Other business .
4 . Adjourn .
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MEMBERS PRESENT:
MEMBER S ABSENT:
VIS ITOR S PRESENT:
MINUTES
Zoning Board of Adjustment
August 12, 197 5
7:00 P.M.
Chairman Wayne Etter; Members Mike Weiss, Kathy Leabo, Larry
Ringer; Build ing Official Bill Koehler; Assistant Planner
Chris Longley; City Attorney Neeley Lewis
Col. Gl en Jone s
See guest r egister .
The meeting was called t o order at 7 :00 p.m.
Agenda Item No . 1 --Approval of t he minutes of .the meet i n g of June 24, 1975. Mr.
Ringer moved that t he minute s be approved. The motion was seconded by Mr. Weiss
and unanimously approved .
1 Agenda Item No . 2 --Cons i d eration o f a request for variance by James Earle,
407 Timber. Mr . Koehler des cribed t he nature of the requ e st . Mr. Ear le
explained his proposed plan .
Mr. Hennigan , an adjacent owne r s t at e d t hat t he p r opo sal was n o t objectionable
to him.
Mrs. Le abo stat ed t hat other homes and structure s i n t h e n e i gh borhoo d had been
built prior to t he present ordinance to lesser s etback requirements . a nd moved
that a varianc e b e granted to allow the proposed construction , 8'-4 11 beyond
the rear bu ilding line. The motion was seconded by Mr . Weiss and unanimously
approved .
Agenda I t em No . 3 --Consideration of a r equest for v ariance by Chi-Chi Restaurants,
1500 Texas Avenue South. Mr. Koehler explained the nature of the request. Mr. Lewi s
explained the City's po siti on i n a situation wh ere permits had been granted in
error .
Mr. Ringer pointed out t hat the proposed sign was less environmentally detrimental
than the existing sign and for that reason moved that a v ariance be granted
allowing the construction of a second detached sign on t h e plot, which would be
installed i n the place of the "Qu a lity Inn" sign. The motion was seconded by
Mrs . Leabo and unanimously approved .
Agenda I tem No . 4 --Consideration o f a request f or variance by Edwin Pilger,
400 University Drive. Mr . Koehler explained that the existing sign was too near
the street and that there were two signs on the plot. Mr. Pilger stated that there
was a chan ge i n ma nagement of the business and that he intended to replace a
portion of the s ign with a s ec tion i dentica l in size and shape, but with the
new company nam e.
Mrs . Arnold, an adjoining neighbor, s aid that she could see no reas on why t he
sign should not be replaced as proposed.
Mrs . Leabo pointed out that, as it was not the i ntention of the City to remove
the sign, there should be no reason not to allow its use by changing the name o f
the business.
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MINUTES, Zoning Board of Adjustment
August 12, 1975
Page 2
Mr. Ringer moved that the variance be granted to allow replacement of that portion
o-f the sign which bears the name of the business. The motion was seconded by
Mrs. Leabo and unanimously approved.
Agenda Item No. 5 --Other business, Mr. Koehler stated that a case had arisen
which required that the effect of a variance be clarified . Mr. Lewis e x plained
that the ordinance could be interpreted to mean that a variance would be
necessary each time that a building permit was issued on a non-conforming
structure, or it could be held to mean that once a non-conforming structure was
recognized by the granting of a variance, further permits within that specif i c
structure for work which was, in itself, in conformity could be granted admini-
stratively .
Mr. Koehler asked the Board for review of his decision to interpret the granting
of a variance for a non-conforming structure to mean that further permits on the
same structure could be issued when the proposed construction did not increase
in any way the extent of the non-conformity and was for work which was in
compliance with all applicable codes and ordinances.
The Board concurred in this interpretation. Chairman Etter set the date of the
next meeting for August 19, 1975 at 7:00 p.m. to consider variance requests from
The Hamilton Company for buildings at 1331 FM 2818 and 1401 Highway 30 .
Agenda Item No. 6 --Adjourn. Mrs. Leabo moved that the meeting be adjourned.
The motion was seconded by Mr. Weiss and unanimously approved .
APPROVED
Chairman
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August 14, 1975
Mr. Morris Hamilt on
The Hamilton Company
P. 0 . Box 3369
Bryan , Texas 77 801
Dear Mr. Hamilton:
CITY OF COLLEGE STATION
POST OFF I CE BOX 9960 1101 TEXAS AVENUE
COLLEGE S T ATION, TEXAS 77840
The s hell b uil dings at 1401 Highw a y 3 0 and a t 1331 FM 281 8 infringe
upon requ ired side s etback areas, and it would not be possible t o gran
a buil d i ng p ermit because of t h i s n on-con fo rmity .
The Zoning Board of Ad j u stme nt wi ll me e t on Augus t 19 , 197 5 to
consider y ou r appeal of this d ecision. I t is wi thin the power o f the
Board to authorize a variance to the set back requi r ement . Th e effect of
the variance would allow a ny f uture b uilding p erm i t to b e issu e d f or
cons t ruction within the buildings p rovid e d tha t the propo s ed c onstruction
would be in conformity with the ordinanc es of t h e Ci ty.
Should the Board resolve the matter o f the s etback l ine by granting
a v ariance , it will also be necessary fo r you to obtain t he approval of
t he Planning a nd Zo n ing Commission fo r t he s ubdivision of l and wh i ch
took place when a part of Reserve "E" o f P l antat i on Oa k s Subdivision
was conveyed to Mr. Baker.
Sincerely ,
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William F . Koehler
Building Official
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