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HomeMy WebLinkAbout68 Regular Meeting 4.18.78AGEJIDA ZONING BOARD OF .ADJUSTMENT April 18, 1978 7:30 p . m. 1. Approval cf the r11inute0 of the meeting cf March 21 , 1978 . 2 . Considerat ion of a request for varianc e i'rom Acme Glass Co . J . Consideration of a request fer expansion of a non-conformin g land use from Jame s Wa t son . 4 . Other Bus iness 5. Adjourn ( \.· . i I MEMBERS ?RESENT : MEMBE RS .ABSENT : MINUTE S ZONING BOARD OF ADJU S'IME NT · March 21 , 197 8 Cha i rman Sandra Runnels ; Members Wes Harper , J ohn Hu gh ey , Henry Hawley ; Council Lia i so n Larry Ring er ; Bu ilding Official Bill Koehler · Janet Storts Ag enda Item No . 1 --Ap prova l of the minutes of th e mee ting of February 21 , 1978 : Hawley moved that the minutes be approved as read . The mot ion i,13.s seconded by Hu ghey and unanimou s ly approved •. Agen da Item No . 2 --Co ns ideration of a reque st for va riance from John C. Culpepp er at 1700 Puryear Drive : Koehler explained that thi s propo sed bu ilding , c on trary to the normal case , had ve hicular access to fir e hydrants at fr ont and r ear , and tha t in his opinion that was the principal purpose of the regulation . He said that this provi s ion was not u sually found in a Zoning Or d inanc e and that preliminary reviews had n ot discovered the problem. The own er t hu s had substa.ritial investment in de - sign fees and f i nancing arrangements wh ich wo uld b e lo s t in the absence of variance . Mr . Culpepp er said that the fire hydran t loca tion and continued rear access i,13.s a part of the approval of the parking and landscape plan . Runnels mov ed that the var iance b e granted due to th e unique circums tanc e of front and r ear water supply and acc ess , the h ard s hip in lo ss of incurred cost s , and the c oncurr enc e of the Fire Marshal that the p roposal woul d not be detri- mental to fire operati ons . Th e motion 1·18.S seconded by Hawl ey and unanimously approved . Ag enda Item No . 3 --Oth er Bus iness : The Chairman suggested that the unsprink- ler ed building length provision should be put i n the Bu ilding Code and deleted from the Zoning Ordinanc e . _A~g~e_n_d_a_I_t_e_m_N_o_._4 ___ A_d~.j~o_ur_n : There being no other busi ne ss , the meeti ng was adjourned . CITY OF COLLEGE STAT I ON PO ST OFFICE BOX 9960 1101 TE XA S AV EN U E COLLEG E STATION, TEXAS 778 40 April 13 , 1978 MEMORANDUM TO: Zoning Board of Adju stment FROM : BHilding Official SUBJECT : Meeting of April 18, 1 97 8 1. Consideraticn of a request for variance from Acme Glass Co .: Th e applicants seek a p ermit to expand a n on-conforming building and a -.;rariance to the :c ear :::et back requir ements of the ordinance . The applicant has chosen to present his ca se at the h e aring . We will prepare a s k etch and send it to you separately from this mailing . 2 . Cons i derati on of a r equest. for expansion of a non-conforming l and use from James Wa tson : The property involved ~.ias in a general com- merc i a l use prior to adoption of the Zoning Ordinance and ha s contin- u ed so to the pre s ent . The existing structure does not conform to setbae;k requi:ceruents as s h own on t he attached sketch . The existing building h as approximately 1600 square fe et of area and 'Lh e propos ed addltion will add 800 square f eet. The business (The Sugar Shack) will c on tinue to operat e as it h2.s in the additional area . We have no application form for this type of ac tion . .t.ge 2 of 2 . &QUEST F OR V P-JU ANCE Presen t zonin g of hnd in q u e stion-'-/_1 _~C~---_\ __ _ S ection of ordinance fr o;.i 1..rhich varia.11ce is sought · S-j. 4-( Tc_, b ) e.. "A., ) I Th 0 fol10 1.ri....n g sp ecific vari ation from the ordinanc e is request ed : Tr > ~1cJ.~ 1 .. ./ I l I /} I I I 100f o~-i h:: f cdJ' o ·1 I. 11 . f\bl"'i -/':r o rrr.111<1 I IJ' ·, ~I. I .. -, J ·I 'i iflC". variance is n e cessary due to the following unique and special conditions . not found in like districts : following alternatives to the requested variance are pos s ible : _______ _ This variance will not b e contrary to the public iri terest by virtue of the follm.ring Th e facts stated by me in this application are true and correct. Applic ant · Date fu.VIEH .AND CO.l'1HEJ.IJ'T: Building Official : ------------~-~~-----~ \ v \ \ ---- \ \ \ \_z_51 1. __ \ \ ----- \ '---- ·---'-l) _ga_!J( / / -- '- .-....., ---- AGENDA ZONING BOARD OF ADJUSTMENT April 18 , 1978 7:30 p . m. 1 . Approval of the minutes of the meeting of March 21 , 1978 . 2 . Consideration of a requ.est for variance f'rom Acme Glass Co . J . Consideration of a request for expansion of a non-conforming land use from James Watson . 4. Other Business 5. Adjourn ' __ I CITY OF COLLEGE STATION POST OFFICE BOX 9960 11 01 TEXAS AVENUE COLLEGE STATION, TEXAS 77840 April 1 3 , 1978 MEMORANDUM TO: Zon ing Board of Adjustment FROM : B1J.ild ing Official SUBJECT : Meeting of April 18 , 1978 1. Consideration of a request for variance from Acme Glass Co .: The appli cants seek a permit to expand a non-conforming building and a variance to the rear setback ~equ ir ements of the ordinanc e . The applicant has chosen to present his ca se at the hearing . We will prepare a sketch and send i t to yo u separately from this mailing . 2 . Considerati on of a request. for expan sion of a non-conforming land use from James Watson : The pr operty involved was in a general com - merc i al use pri or to adoption of the Zo ning Ordinance and has contin- ued so to the present. The existing struc ture does not conform to setback r equi:cements as shown on the attached sketch . The exi sting building has approximately 1600 square feet of area and Lhe proposeu addition will add 800 square feet . The business (The Sugar Shack) will continue to operate as it he.s in the additi onal area . We have no applicati on form for this type of action . ., Pi\OCE.:9'..'.~:.E FOR FIL INC t\ REQU!-:ST FOR. l/,\RIM:CE (l) I:t ord e r for the Boan.I to co::1 s ider a case, then! must be on filt-a co::ipl2t.E! applicotion for a building p!:!rmit which li.:1s been rejecte<l _by the Building Official and a completed "Request for Vari<:mce" ~pplication. If some unique circumstance renders a full design impractical, and if the E~ard consents, the appeal may be based on a decision rendered in writing by the Building Official in reply to the applic.J.nt's written inquiry as to the effect of a particular zoning requirement on a proposed plan. A cooplete 'application for variance raust also be filed along with any drawings or data necessary to show the nature and extent of the variance~. (2) There will be no item placed on the Board agenda nor any notice published until all of the materials mentioned above are complete and in hand. We provide no materiais to the Board in support of a variance except that which we receive from the applicant and can reproduce in-house (8 1/2 x 14 max size, line work). (3) Application; page (1) (a) The building department will fill in the date of the hearing and the date of notification. (b). The applicant will fill out the rest of · the . form. (~) Owners within 200 feet raay be determined b::r scale from the 1"=100' scale street map series on file in our office.--- 0~ ... "rt e rs whose property in any part falls within the 200 foot distance should be listed. Neasurement starts from the prop e rty line of the lot or tract in question, or, if the tract is bounded by a street, from the opposite side of the street. (d) The names and addresses must be as they appear on City tax rolls, even if they are wrong or out of date. (4) Appli-cation; page (2) (a) The building department will assist you in finding the zoning of the trac.t> identifying the section of the ordinance. and specifying the variation. · (b) The reBaining three section address themselves to the three findings that the Board must raake in order to grant a variance. If the Board cannot agree with any one of these> they will not be able to grant the variance. (c) The application will be sent to the Building Official> Ci.ty Engin e er and Fire Marshal for comment on any facts within their knowledge which nay bear on the case. (5) Kotic e of the hearing will be published on the Wednesday preceeding the nee ting and will be ~ai.l e d by the building department to the owners . within 200 feet. The complete application must be received by the close of busir.ess on the Monday preceeding the date of publication in order for .us to meet the publisherts deadline. (6) Should 2ny person desire to a;:ipeal a decisi~n or the Boat""d, h~ should so st2t-e ofter the conclusion ·of the hearing. 'Ihe ch.:iirman ~.,ill complete his stateRent of findings i.:liich will constitute filing of the dec:ision- ~!inutes o f th e meeting , subj ec t to approval of th e Eoar<l, will be pre p are d by th e clo se of business on the follo wing d a y. A d u plicate tap e of th e pro ceedings will b e made available to th e appellant's attorney up o n r eques~ and upo~ rec eipt of co mp ensation for th e 120 minut e cass e tt e s used for th e duplic a tio n. No transcript is mad e of the hearings . Minutes of the pro- ceedings a re paraphrased as appropriate, in the judgeme nt of the recorder, to reflect points of the discussion p e rtine nt to the decisions rendered_ , '. .. -· .:._??LICi'i.7I O ~f , Ac tion requested : .Ap p li(;C!.tion D c.~te ------~ R e~t d oy ------- ~ (Appeal:, lfo!!conforniri.g Use, Variance) .'...:..\ __.~~~~~'---- Drle set~~arfug_j __ ·~~----li-· ____ ~~---------------- Adjoi.71.ers notified -Mailing Date X r;)" ,q 8 ADDRESS From cur~ent tax rolls, College Station Tax .Assessor ·11 (ll I v l_'_ I _,LI._ ( ·Ca XJ . ---. -. Page 2 of 2 File No ·~~~~~~~- • -. REQUEST FOR VARI AN CE Present zoning of land in quest ion~Y~_C_<~-__,;..\~~- Section of ordinance from which varianc e is sought "~S-j. 4-(Jc., b le. "A'•) The following specific variation from the ordinance is requested:~ ........ '---'= a Mn -C,aa~rminq :;frvdure kw· fl,;" I{;,.~ of 41-.e. Cea.< lo-I-1;,,e This variance is necessary due to the following unique and special conditions . of the land not found in li..~e districts: ~ <\~The following alternatives to the requested variance are possible: ~-··. --- This variance will not be contrary to the public iriterest by virtue of the following The facts stated by me in this application are true and correct. Applicant Date REVIEW AND COMMEN T: Building Official: ~~~~~~~~~~~~~---~~~-..-~~ . I REVIEW AND COMHENT: Fire Marshal 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 varia~ce as requested herein (IS / IS NOT ) approved subject to the following terms and conditions: . ChaL-rperson, Zoning Board of Adjustment Date Filed UOTE: P.ny person or persons or any tax~ayer or any officer, department, board, commission or committee of the City, jo:L~tly or severally, aggrieved by any decis:i,on of the Board of Adjustment , may present to a court of record a petition, · verified, setting forth that such decision is illegal, in whole or in part, specify:ing 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. . .