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Home My WebLink About78 Regular Meeting 1.17.78AGENDA ZONING BOARD OF .ADJUS'.IMENT January 17 , 1978 7 :30 p . m. 1 . Approval of the minutes of the meeting of J anuary 3 , 1978 . 2 . Consideration of a request for variance from Dwayne Rhea at 2751 Longmire Drive . 3 . Consideration of a request for expansion of a non -conforming use from Victor Caudillo at 201 College Main . 4. Other business 5. Adjourn ' . ·,- -. -. ' . / /1 I I MEMORANDUM TO : FROM : SUBJECT : t _1 CITY OF COLLEGE STATION POST OFFICE BOX 9960 11 01 TEXAS AVENUE COLLEGE S T ATION, TE X AS 7 7840 Zoning Board of Adjustment Building Official Meeting of January 17 , 1978 1. Mr. Rhea • s application and a sketch of his proposed sign are attached. Photographs of the store will be av ailable at the meeting . The applicant has designed the store to blend with the resident ial neighborhood and has succeeded so well that the building is indis- tinquishable from a residence . There is no surface of the building upon which a conforming sign could be mounted with any reasonable exposure to the street . 2 . Mr . Caudillo intends to construc t an addit ion to his building on Church Av enue . The existing building is a non-conforming use in that it does not observe any of the required setbacks and no off- street parking is provided . The proposed buil ding will be an extension of the existing building as shown on the attached sketch. We have asked the owner not to proceed with detailed plans unti l he has obtained a ruling from the Board to permit the extension or allow the necessary variances . -. ' · .. -,~ ·,-. - ·,- -. - -. -. -~ -. -,- . ..., ,--·,--.. -. -,·,, -. ( j ', ' I' I.' I -.,, .. (>. ,.,::, ~ !4 ~ . .,,.. ·'<.. ' • 0 i•'. t·- I· ; ~ , . - . . - I I I MEMBERS PRESE NT: MEMBERS .ABSENT: MINUTES ZONING BO.ARD OF .ADJUS 'IMEN T January 3, 1978 Chairman Sandra Rurtnels; Members John Hu ghey , Henry Hawley , Janet Storts; Council Liaison Larry Ringer; Building Official Bill Koehler None 1 . Approval of the minutes of the meeting of November 22, 1977 : Hughey moved that the minute s be approved . The motion was seconded by Hawley and unanimously approved . 2 Consideration of an a eal and re uest for variance from Ron Smestuen Ritco Inc . • Koehler explained that the request and appeal arose from a notification to owners of spectacular signs construc- ted after the ordinance regulating them . He reviewed the application for variance and pointed out that , at the time the sign was constructed , the permit review process would not have discovered the discrepancy from the ordinance requirements . He said t hat the movement of the sign did not create a distraction to traffic . Mr . Smestuen explained that the design of the sign required movement , and that a new sign would be required in order to accomplish its purpose as a s t ationary sign . He cited the fact of intensive displays on adjoining property and that the sign in question serves to advertise the buildings separated by intervening frontage . He pointed out that the delay of en- forcement created hardship in that his opportunity to correct a violation unknown to him was lost some years ago . Hughey noted that the moving sign would be allowed if it was set further back and that he could find no detriment to the public interest. Runnels moved that a variance be granted to allow the sign to continue as a non-conforming use. The motion was seconded by Hu ghey and unani- mously approved. 3. Consideration of a request for varian ce from H. A. Luther: Koehler reV:iewe d the application and pointed out that the proposed carport addition would follow the same setbacks t o which most of the structures in the neighborhood were built that there was no way of accomplishing the purpose observing the 7t fo ot setback, and t hat there would be no interfer- ence with public utilities . j ( ( Minutes/January 3, 1978 Zoning Board of Adjustment Page 2 Runnels moved that the variance be granted. The motion was seconded by Storts and unanimously approved. 4. Con s ideration of a r equest for variance from Larry Landry Company: Koehler reviewed the application and his memorandum of December 29, 1977. He pointed out that the project was subject to approval of a conditional u se permit which could proceed whether or not the Board granted a vari- ance. The Board discussed the unique circumstance of the proposed common , that the alternative of re-platting, while only a minor hardship would be pointless and perhaps detrimental to the pubilc interest by creating confusion in the public records and needless complexity of access main- tenance agreaments. Hughey moved that a variance be granted to allow construction on the rear property line, without prejudice to the later consideration of the condi- tional use permit, and provided that the instruments restricting use, ownership and/or conveyance of the cormnon , satisfactory to the City Planner, be filed in the public record before any building permit is issued. 5. Other business: The Board agreed to meet on January 17, 1978 to consider a c ase for which application is pending. 6. Adjourn: There being no other business, the meeting was declared adjourned. ' . AGENDA ZONING BOARD OF ADJUS'IMENT Ja~uary 17, 1978 7:30 p. m. 1. Approval of the minutes of the meeting of J anuary 3, 197 8 . 2. Co nsideration of a request for variance from -Dwayne Rhea at 2751 Longmire Drive . 3. Con sider ation of a request for expansion of a non-conforming use from Victor Caudillo at 201 College Main . 4. Other business 5. Adjourn '· CITY OF COLLEGE STATION POST OFFICE BOX 9960 1101 TEXAS AVENUE CO~LEGE STATION, TEXAS 77840 MEMORANDUM TO: Zoning Board of Adjustment FROM: Building Official SUBJECT: Meeting of January 17, 197 8 1. Mr. Rhea 's application and a sketch of his proposed sign are attached. Photographs of the store will be available at the meeting. The applicant has designed the store to blend with the re sidential neighborhood and has succeeded so well that the building is indis- tinquishable from a residence. There is no surface of the building upon which a conforming sign could be mounted with any reasonable exposure to the street . 2. Mr. Caudillo intends to construct an addition to his building on Church Avenue. The existing building is a non-conforming use in that it does not observe any of the required setbacks and no off- street parking is provided . The proposed building will be an extension of the existing building as shown on the attached sketch• We have a sked the owner not to proceed with detailed plans until he has obtained a ruling from the Board to permit the extension or allow the necessary variances. •. ( • ' • f • . 0 .1· I . "' :::- <c ft Q .. t·::: ' .. •· . ~ . I I ·I I I MEHBERS PRESENT: MEMBERS .ABSE NT: MINUTES ZONING BOARD OF ADJUS'Ii1ENT January 3, 197 8 Chairman Sa..~dra Runnel s ; Members John Hughey, Henry Hawley, Janet Storts; Council Liaison Larry Ringer; Building Official Bill Koehler None 1 . Approva l of the minutes of the meeting of November 22, 1977: Hughey moved that the minutes be approved. The motion was seconded by Hawley and una.~imously approved. 2. Co nsideration of an a eal and request for varianc e from Ron Smes tuen Ritco Inc . Koehler explained that the request and appeal arose from a notification to owners of spectacular signs construc- ted after the ordinance regulating them . He reviewed the application for variance and pointed out that , at the time the sign was constructed, the permit review process would not have discovered the discr epancy from the ordinance requirements . He said that the movement of the sign did not create a di straction to traffic. Mr . Smestuen explained that the de s ign of the sign required mo vem en t, and that a new sign would be required in. ord er to accomplish its purpose as a stationary sign . He cited the fact of intensive displays on adjoining property and that the sign in question serves to advertise the buildings · separated by intervening frontag e . He pointed out that the delay of en - forcement created hardship in that his opportunity to correct a violation unknown to him. was lost s ome years a go. Hughey noted that the moving sign would be allowe d if it was set further back and that he could find no detrimen t to the public interest . Runnels moved that a variance be granted to allow the sign to continue as a non-conf orrnin g use . The motion was seconded by Hu ghey and unani- mously approved. 3. Co nsideration of a request for variance from H. A. Luther: Koehler reViewed the application and pointed out that the proposed carport addition would follow the same setbacks to which most of the structures in the neighborhood were builtf that there was no way of accomplishing the purpo se observing the 72 foot setback, and that there would be no interfer- ence with public utilities . ' . ( Minute s/January J, 1978 Zonin g Bo ard of Ad j us t nen t Page 2 Runn e ls moved tha t th e V9.riance b e granted. The motion was seconded by Storts and 1Lnanim ously approved. 4. Con s ideration of a r e aue s t for v a riance from Larry Landry Comp a.ny: Koe hler reviewe d the application and his memorandum of December 29, 1977. He pointed out that the project wa s subject to approval of a conditional use permit which could proceed whether or not the Board granted a vari- ance. The Board discus s ed the unique circumstance of the proposed common, that the alternative of re-platting, while only a minor hardship would be poL.ntless and perhaps detrimental to the pubilc interest by creating confusion in the public records and needless complexity of access main- tenance agree..rnents. Hughey moved that a variance be granted to allow construction on the rear property line, without prejudice to the later consideration of the condi- tional use perJTlJ.t, and provided that the instruments restricting use, o~mership and/or conveyance of the comm on, satisfactory to the City Planner, be filed in the public record before any building permit is issued. 5. Other bu s ine ss : The Board agreed to meet on January 17, 1978 to consider a c ase for ~ihich application is pending. 6. Adjourn: There being no other business , the meeting was declared adjourned. P0a ge 2 of 2 File No • . P.EQlfEST FO R v ARIAllT CE ------- Pre sent z oning of land in question / C-N Section o f ordinax1c e fro:::i wh i ch varianc e is sought._'_ . ..__--'8'-"--__.._D~. ~5...._ ___ -__ _ The follo ~-r.in g spe cific variat ion from the ordinance is r e quest e d: J; CLJ.oU a (' , s i 11e:,s r : <;,+ ic1 This variance is necessary due to the following unique and special conditions . of the land not found in like districts: Tbe cl '° ·;, I ,.,, ci C) p th', 11 11 1. lcl ,' tJt'. 1-L b' / ,· z;.e s tr ee~ 41 c -;:,c ree u/a.o., ' t}l"Sib le .p.('Dfh I ' ao± and Q: D e/Ct!l i -S<. I.bl ~ U1a LL 6 10!'.J {~JQU IA . b ~ I ' . +f'Je '$ tc~f_/-. I± l ~ aot a ~ Q cV('e n(. th CL ~ j-'1 ~ f' n n !Je a 1 1 P nr.e.. ~.:, -1-(J re I I _J --<-L _ -- ,' '~ "..£1 1'/C' __ ~~ -"'.-)"" HOUSTON BRANCH OFFICE AC 713 943 -0380 8921 ~REY ROAD BOX 34493 HOUSTON , TEXAS 77034 ~r-' a±trul Q'. d ¥2 h olv~. 'Variance are .P;~sible~· ·~o:h ,11J;t ():;i : .. ·_:. .u;· · i ~~o~~i ~) fe·::->;;ffho~Jf-·_ ·~-~-~/i;_· ~~ -~~ :.~:·~. . ~ . I . ------. . . . . . .. · .. ... -,:... -.. -.··:;.. . "-.: -· -. .. -·. --- . are true and correct. Da te ~Ci ~3L ~. RHCA'S N --<r<)/ ---L . t I · ~--:-~/ ·__ -·--_T Coun' t,,..,1' f · t-1/ ·--f? !LJ.1! . ~"'/ TStore · / / _,. LI {-! i ·!--15 I I I i I ' ;;. . (J j -~1 -j -. t: Lt::\/,' 1" --1 ---_..!--t.:--: ,,ilJ ,O'N . :;---:.:.··--,I._\ ~ Vo"==-I t..0 1 ' --t~ J.Er.=============~'I -\-' 4~011 I -:x'-----2_ __ -------Y -- . I ~f[_Ah] 3/¢" ~ I~ o · . I- -ti ·' ---· -- - 1" l I ! 1 ~---··-,f- 1.0o l l "' ·'. ··. _:,. ·· ..... • M: ,• . . . }'• : ' ' : . . . , ~ . '. :. .. "· .· .... ,· ',. ·'. :.~ . ' . ·--. : .. ': . J..:. . ··.· ....... ..: . : ; . ,.) . .. : (J. N .. ; -. ,\\~ ... ~) .. _ ~. . . • -"ge 2 of 2 File No. -------REQUEST FOR ti!+IM!P"J'IHBE! := l v'O!V'-CtJA/rtJ£> //J//t.l:} l/S6 Present zoning of land in question __ >'. ____ C~-/'------ Section o f ordinance f:y B~ 1uRair<elr : -;ii~JC 9 •~-agl4t ... 5 -J. 4 ( h .bl! A) r' 5-j 5 I The .following specific variation from the ordinance is requested: ~ /!JIJ..d_171c/ 0/7 yia ;,; /i:JO ~ _/ ~a//,1 // tf?_ ~~ O&J///ou 0/, ~ss- ./ /d:?11 $c 11J1iJ;/J;~PJ cly;fi V, M/;Y/.i;~~;;;/ /Jc e7111~d' #tJ/J/ or Tpis ~necessary due to the following unique and special conditions of the land not .found i_r1 lL'k.:e districts: U4 f /) ~-1:: / ·1/_: ,..,,,,,_ , _//?D /(./, . i ' . \..... ':• • :-• • ---_. ··.;w•~~-~:: ~ .. :.·· •'." •:. .:-.·.• --~-=•• ..• · -·-c·---.-· _..,........,--..... _____ ,,_...,._--,--,...----.,.----.-........-.------------~-- . -:;•. ··:--::···--=:.; ... -··· .• //l The 'f?-C ~~·st ·ed bym·e ~· t~> a p. 'a.ti.on are true and correct. ~/"";-'-7 __,?', :-... · ___ .,,._ ./'V--:' j. ·__., --·~ .. ; . y .r < ~,-. . . .....---------"- Applicant ·- Date REVIEW .AND COMMENT: Building Official: ---------~-.--~--'--------~