HomeMy WebLinkAbout8 Regular Meeting 12.2.75AGENDA
Zoning Board of Adjustment
Dec em ber 2, 1975
7 :00 P .M.
1. Approval of the minutes of the meeting of August 12, 1975 .
2 . Consideration of a request for variance from Black Diamond Sign Company.
3. Consideration of a request for variance from Bardin Nelson.
4 . 'Consideration of an appeal by Donald Banker.
5. Other business.
6. Adjourn.
!
__ 1 .f
"'
MEMORANDUM
TO:
FROM:
Zoning Board of Adjustment
Bu ilding Official 1!/J;f ~
CITY OF COLLEGE STATION
POST OFFICE BOX 9960 11 01 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
SUBJECT: Heeting of December 2, 1975
Item No. 2 -The Black Diamond Sign Company has appli ed for a building
permit to erect a detached sign at the Redmond Terrace Center advertising
the Piggly-Wiggly store. This, if approved would be the third detached
sign on the building plot. (The first sign was built prior to the present
ordinance and the second was built on a building permit is sued on July 18, 197 4
and issued in error.)
Item No . 3 -Dr. Bardin Nelson ha s applied for a building permit to repair
and remodel an existing single family residence at the corner of Anna and
Holik Street. The house was in exis tence prior to the present ordinance
and -rs to o -near-the-Anna-Stree ~~r i g:r ~ ·or Nay.· -The-repairs-proposed will
not extend any nearer the right-o f -way and will not change the charac t er
of the use of the structure .
Item No . 4 -My office notified Mr. Banker and the tennants at 9(J7 Glade
that the occupancy of the house by six unrelated persons was a violation
of our Zoning Ordinance . The notification allowed 27 days to correct
the situation. Mr . Banker, at my suggestion, makes this appeal to ask
that the occupancy be allowed to continue to the end of the semester in May.
I did not feel that this length of time could r easonably be granted
4 administratively. The Board of Adjustment will hear this case after public
notice and notice by mail to nearby residents, and i t may be appropriate
under these circumstances, for t he Board t o make an extension of the time
as requested by Mr. Banker.
Should the Board not grant this, I would recomme nd that the oc cupants
be given at Je ast until January 1, 1 976 to find other quart ers.
CITY OF COLL E GE STATION
POST OFFICE BOX 9960 11 01 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
November 26, 1975
MEMORANDUM
TO: Mrs. Sandra Runnels
FROM: Building Official
SUBJECT: Policies of Zoning Board of Adjustment
1. The Zoning Board of Adjustment is a judicial body which has the
power to grant variances to certain requirements of Zoning Ordinance)
No. 850;to interpret zoning map boundaries; to hear appeals from
decisions of Building Official concerning enforcement of the Zoning
Ordinance; and to consider substitutions or enlargements of non-
conformi ng uses. The board is required to make specific findings
(S e c. 1 1 -B .5 ) in o rder to grant a v ar iance. -------
2. The board has decided as a matter of policy to meet only on call,
perferably on the 2nd Tuesday of the month, and preferably at 7:00
p.m.
3. The board requires the concurring vote of four members to grant a
variance, and for this reason it is the policy of the Chair to accept
only positive motions with respect to the granting of a variance,
even though this may necessarily result in a member making a motion
for approval and voting against the motion.
4. It is the policy o f the board to hear requests for variances only
afte r a building p e rmit h a s been applied for and is in order except
for the variance requested. We furnish to board members all
materials from building department files which are pertinent to the ·
case, at the night of the meeting, and furnish memoranda and parts
of the application prior to the meeting. Considerations of time
and expense prevent us from preparing detailed graphic aids in all
cases.
5. It is the policy of the bo a rd to publish notice of pending cases,
usually 5 days or more in advance of the meeting, and to mail notice
to ot-mers of prope rty within 200 feet of the land in question.
Mrs. Sandra Runn e ls
Page 2
November 26, 1975
6. The members of the board are:
Dr. Wayne Etter
Mr. Hike :.Jeiss
Col. Glen Jones
Dr. Larry Ringer
Mrs. Sandra Runnels
1200 Munson Av e . E
1605 Lairlane
1000 Francis
702 S. Thomas
1303 Laura Lane
846-8972
846-0242
846-2955
846-8912
693-7417
845-3514
845-1717
846-5721
845-3141
The following staff members will assist you or provide any information
they can:
W. F. Koehler
Neeley Lewis
Al Hayo
Elrey Ash
Vic ki Moss
Building Officia l
City Attorney
City Planner
City Engineer
Administrative Secretary
846-8886
822-7477
846-8886
846-2515
846-8868
/
MEMB ERS PRESENT:
MEMBERS ABSENT:
VISITORS PRESE NT:
MINUTES
Zoning Board of Adjustment
August 12, 1975
7:00 P .M.
Chairman Wayne Etter; Members Mike Weiss, Kathy Leabo, Larry
Ring er; Building Official Bill Koehler; Assistant Planner
Chris Lon g ley; City Attorney Neeley Lewis
Col. Glen Jones
See guest register.
The meeting was called to order at 7:00 p.m.
Agenda Item No. 1 --Approval of the minut e s of the meeting of June 24, 1975. Mr .
Ringer moved that the minutes b e approved. The motion was seconded by Mr. Weiss
and un.animously approved.
Agenda Item No. 2 --Consideration of a request for variance by James Earle,
407 Timber. Mr. Koehler described the nature of the request. Mr . Earle
' explained his proposed plan.
Mr. Hennigan, an adjacent owner, stated that the proposal was not objectionable
to him.
Mrs . Leabo stated that other homes and structures in the neighborhood had been
built prior to the present ordinance to lesser setback requirements and moved
that a var i ance be granted to allow the proposed c onstruction , 8 '-4" b eyond-
the rear b uilding l ine . The motio n wa s s econded b y Mr. Wei s s a nd unanimously
approved.
Agenda Item No. 3 --Consideration of a request for variance by Chi-Chi Restaurants,
1500 Tex as Avenue South. Mr . Koehler explained the nature of the request. Mr. Lewis
explained the City 's position in a situation where permits had been granted in
error.
Mr. Ring er pointed out that the proposed sign was less environmentally detrimental
1 than the existing sign and for that reason moved that a variance be granted
allowing the construction of a second detached sign on the plot, which would be
installed in the place of the "Quality Inn" sign. The motion was seconded by
Mrs . Leabo and unanimously approved.
Agenda Item No . 4 --Consideration of a request for variance by Edwin Pilg er,
400 University Dr ive. 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 change in management of the business and that he intended to replace a
portion of th e sign with a section identical in size and shape, but with the
new company name.
Mrs. Arnold, an adj o ining neighbor, said that she could see no reason why the
sign should not be replaced as proposed.
Mrs. Leabo pointed out that, as it was not the intention of the City to remove
the sign, there should be no reason not to allow its use by changing the name of
the business.
MINUTES, Zoning Board of Adjustment
August 12, 1975
Page 2
Mr. Ringer moved that the variance be granted to allow replacement of that portion
of 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 explained
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 specific
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 an~ 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
) '
Page 1 of 2
APPLICATIO N
File No .
Ap plication Date -------
Rec 1 d by ------~
Narne of Ap~licant ~--B_l_2_._c_k_D_i_a_m_o_n_d _3_i_c_n __ o_o_. ________________ ~-
P .O. Box 7 41 , Bedias , Tx. 77 83 1
Phone (71 3)-395-4277 Lot ___ Block ·-·~----Subdivisi on
Description, If applicable ~-------~---
·~------~
-----------------------------------· ---·---
Action requested: (App eal ,. Non c onfor.m:ing : Uae, Variarwe)
~-----~~·-----
Var i an ce
Adjoiners notified --Mailing Date ----'9..,/ .... 30..,{..,..I_.5._ __
NAME ADDRESS
From current tax rolls , College Station '.f'ax ./\.ss esso:c
H. E . Red mond 903 Munson Dr. ---
H .H. Al ford 1214 S . Colle ge, Bryan ---------
. Page 2 of 2
REQUEST FOR VARI.A NGE
Pre s ent zoning of land in que stion co mmerci a l
Section of ordinance from which variance i s sought si g n-deta ched si irns
The following s pecific variation from the ordinance is requested:·-----·
Install a tion of mor e th a n one detached sign per building plot
This variance is necessary due to t he follow.Lng unique and special conditions
of the land not found in l ike districts~
Ordina nce allows competitors in sho pp ing cent e rs b uilt si n c e
this 6rdinance was pas s e~ an unfair advan t age.
The following alternativ es to the requested variance are possible: ______ _
Installation of on e massive structure to accommodate al l tena~ts
This variance will not be contrary to the public interest by virtue of the f ollowing
facts: Sign to be f a r enou gh from street to e liminate possibility of
interferance with traf f ic
The ' facts .stated by me in t his appli cation are true and correct .
R. A. Wakefield, General ~fa n ag er, Black Diamond Sig_n_s __ ~9~/~3_0~/ ..... 7~5..__ __ _
Applicant Date
REVIEW .AND COMMEN T: Building Official: ____________________ ~
I
-:s~ETC H o LY -No ~c.~Lt:. wt:....
!fEOMaNLJ TERRACE "'''''
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Page 2 of 2 F i le No.~------~
REQUEST FOR VJ\RI ANCE !3AROIA! #ELSON APPL!CATIOIV
Present zoning of land in question Single Family
Section of ordinanc e from which variance i s sought ___ T_a_b_l_e_A _________ ~
The fallowing spec i fi c var i ation from the ordinru1ce is re ques ted ~ ~-Si_de S~reet
Setback Should Be 15 Feet
Th is variance is necessary due to the followin g unique and special conditions
of the land not foun d in like districts :
This house was constructed more t han 30 years ago . In re pairing t e rmi t e
damage t o the foundation , I found the greatest damage to be on the srnaJJ
. )
open porch ( 6 ft . wide ). I removed the double windows at the back of t he
porch and placed them at the front and enclosed the porch .
The following alternatives to the requested varianc e are possible : _______ _
The house is located 9 ft . from the property line.
---------'----· . ·-------------~------------------------
This varia.."1.ca will not be contrary to t h e public interest by virtue of the following
facts :~ __ H_o_u_s_e_w_i_l_l___;c~o=n~t~i=n=u~e~t~o..-=:b~e~u~t=i=l=i~z~ed~i=·n~e~xa~c~t~l;v~t~h~e~,~s~a~m~ei-.JOw~ayy'--"'a~s,__..,w~h~e~n---
constructed. Make s a better appearanc e now.
The facts s t ated by me in this application are t rue and c orrect.
REVIEW AND COMMENT : Buildin.g Official: ___________________ _
--·f""? eor11 r1 --_I
c..r c.
~
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I I ,
I ts;
I
I I L _________________ _ ___ J 2
•.···-··-·· ..... --· -·· ·--·"'· ,. __ -;
CITY OF COLLEGE S'I'ATION
POST OFFICE BOX 9960 1101 TEXAS AVE NUE
COLLEGE STATION, TEXAS 77840
Mr. Donald H. Banker
10408 Slaughter Cr eek Dr ive
Austin, Texas 7 8745
Dear Mr . Banker,
Nove ::nbe r 3 , 1975
We have f ound that the house at 907 Glade St . in Colle ge
Station, of which you appear t o be the o~m er , is being
occupied by more than four unrelated per s ons .
Our 1,oning ordinance defines a 11 f am ilv 11 as being no t more
= -=---:--. tli a1~· :t0-w::;-u_;:;..reJ.atedpersons"'"'or· any .. riUiiib9r of related
person s living t ogether in a single house-ke eping unit.
The house at 907 Glad e is in a single family residential
district .
We are n ot ifying you and the o ccupants of the house of
thi s condition whi ch s:ioul d be corrected by December .1 , 1975.
A co py of the -pertinent sections of the zoning ordinance is
enclosed .
If we may assist you in correcting this problem, please call
on us .
Sincerely ,
'/; I,/ . J // /, 111!~#/~'?' 4~#~
Willia..-rn F. Koehler
D.lilding Official
WFK : jd
NOTE: The action of the Building Official from which this app e al is ta_1rnn is
stayed upon the filing of this application UNLESS the Building Of ficial completes
t he fo llowing c e rtificate. This does not relieve the appellant of res ponsibility
f or full compliance should the Building Official ts action be upheld, and a..'1.y
action or construction und erta.l.{en by the appellant prior to the Board ts decision
on this appeal is at his own risk .
* * * * * * * CERTIF ICATE OF THE BUILDING OFFICIAL
I hereby c ertify that the action t aken by me which is the subject of t his
appeal is, in my opinion, n ecessary to prevent imminent peril to life or
property by reason of the b elow stated facts and that the said action shall
re.ma in in full force and e ffect pending a ction by the ZonL~g Board of Appeals or
by a court of r ecord on this appeal: . ------·-· --------. /"r,%£
.-·-__ .
Building Official, City of College Station Da..te__of __ c_ertifica tion * ---~~:---~-~~-~*" -~-~~ ~-*
------··
--*
Th e facts stated by me and initialed by me in this application are true and correct.
Appellant Date
The facts stated 9 e in this application
;/ ;// '. G//~/ /' /~~, ~~/_A '/t:
BUilding ·official
are true a.~d correct.
llbB~6d'r /q . /Jl?:s-
Date
The Zoning Board of Adjustment at a public meeting of~~~~~~~~~~~~~~
ChaLr>person Date
~heet 2 of 2
APPEAL FROM ACTION OF BUILDING OFFICIAL
File No . ·
Filed --Da-,t-e~-~-:.-:,_i_·C"'.-~--'P-~-li-2_J_/_9_7_,s_
Rec t d o:r.../f::2'~A;i2 7
NOTE: Must be filed vi thin JO days of appealed action: M ve>mbcY g /9 75
:>
Date set for hearin
~----------
(JO days , -maximum)
Date extended ___________ Date of extension r equest _________ _
Date of publication of notice
--------~
Section of Zoning Ordinance in question_~9_-~£-~ ... ->"J"-------------
Action of Building Official from 'hich this appeal is taken:;{;//~r
-/?. / I ~/1,/i · / / Initial _ /73~ Cl///)c~ _v:r,L/c/a l?!fir//Uu CJ/};o/2aoc;v /o /zt? ce&1ced'
lo 51/Jyf? A////* 4v Oc?cemfic:r (. L'U..£~--------
Action vhich, in the opinion of the appellant, should have been taken: ____ _
Initial
Occupancy should be allowed to continue until May 31, 1976 which is the
end of the Spring semester at the University.
Ap pellant 's remark s--grou..1ds for appeal: ___ _
Initial
See Attached Sheet.
-----------------~----------------~-----~~ Building Official's remarks--grounds for original action ___ _
I I )nitial
/a Or? ?? /'/.7d'<5"o/Zrfbk b4ze c L 4/c2</6!.__
~-a. ~t%:{/
~ oc?/;;e-s ~e6 ();pw_md
,&s_ ,z.-;.h/ '1 C&Z~d?; d/lzU /he .i'?/7/e.skr d aL2.fZ.e-
-~,..,,...iJ! ........ d~-l~th~,-' __,,_,/2~~_1_,_,,_.d~~...,___f _ __iki Z LJa12 9Loal
I believe that an extension of the time allowed for occupancy by the
six students until May 31, 1976 would not be unrea sonable in that Lots 4,
and 5 constitute almost 1/2 acre, the house is a four bedroom house with
a 2 car gara ge and an extra driveway to the extra lot (Lot. 5 of Gla<le). The
whole of the two lots is nrivacy fenced and due to the extr~ width of Glade
Street and the size of my prop~rty I feel that there <loe s n 1 t .exist any
condition due to the extra two students re sidinr; a t 907 that would infringe
upon the general public health, safety, morals or welfare which might under
other conditions possibly result. If you consider the two driveways there
is more than adequate parking space for the students ' three cars and in fact
there is space for as many as six cars. In view of the housing situation
in College Station I believe that a forced termination of occupancy of two
of the students (or possibly all six due to the economics of the situation)
would create a hardship on these students and also on the owner which most
certainly could be alleviated by the requested extension of the allowable
occupancy period by the board.
------·~------...... ----
. "
AGENDA
Zoning Board of Adjustment
December 2, 1975
7:00 P.M.
1. Approval of the minutes of the meeting of August 12, 1975 .
2. Consideration of a request for variance from Black Diamond
3. Consideration of a request for variance from Bardin Nelson.
4. 'consideration of an appeal by Donald Banker.
5. Other business.
6 . Adjourn.
-~------·------·-----------·
Sign Comp a ny.
MEMORAl\IDUM
TO:
FROM:
Zoning Board of Adjus t men t
Building Offic i al 11//~~
CIT Y OF COLLEGE STATION
POST OFFICE BOX 9960 11 01 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
SUBJECT : Heeting of December 2 , 1975
Item No. 2 -The Black Diamond Sign Company has applied for a building
permit to erect a detached sign at the Redmond Terrace Center advertising
the Piggly-Wi ggly store. This , if approved would be the third detached
sign on the building plot. (The first sign was built prior to the present
ordinance and the second was built on a building permit issued on July 18, 1974
and issued in error .)
Item No. J -Dr. Bardin Nelson has applied for a building permit to repair
and remodel an existing single family residence at the corner of Anna and
Halik Street. The house was in existence prior to the present ordinance
and is too ne a r the Anna Stree-'-r i gh t -of-way . The r ep3.i rs propo s e d will -------
not extend any nearer the right-o f -way and will not change the character
of the use of the structure.
Item No. 4 -:t-zy-office notified Mr . Banker and the tennants at 907 Glade
that the occupancy of the house by six unrelated persons was a violation
of our Zoning Ordinance. The notification allowed 27 days to correct
the situation. Mr. Banker, at my suggestion, makes this appeal to ask
that the occupancy be allowed t o continue to the end of the semester in May .
I did no t feel that this length of time could reasonably be granted
administratively. The Board of Adjustment will hear this case after public
notice and notice by mail to nearby residents, and it may be appropriate
under these circumstances, for the Board to make an extension of the time
as requested by Mr . Banker.
Should the Board not grant this, I would recommend that the oc cupants
be given at Jeast until January 1, 1976 to find other quarters.
~
-I A
CITY OF COLLEGE STATION
POST OFFICE BOX 9960 11 01 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
November 26, 1975
MEMORANDUM
TO: Mrs. Sandra Runnels
FROM: Building Official
SUBJECT: Policies of Zoning Board of Adjustment
1.
2.
The Zoning Board of Adjustment is a judicial body which has the
power to grant variances to certain requirements of Zoning Ordinance~
No. 850;to interpret zoning map boundaries; to h ear appeals from
decisions of Building Official concerning enforcement of the Zoning
Ordinance; and to consider substitutions or enlargements of non-
. conf ~r:r!li!!.g __ ~____l!i~_I<!. is require~_!_o_ ma_~e_ specific findings
(S e c. 11-B.5) in order to grant a variance .
The board has decided as a matter of policy to meet only on call,
perferably on the 2nd Tuesday of the month, and preferably at 7:00
p.m.
3. The board requires the concurring vote of four members to grant a
variance, and for this reason it is the policy of the Chair to accept
only positive motions with respect to the granting of a variance,
even though this may necessarily result in a member making a motion
for approval and voting against the motion.
4. It is the policy of the board to hear requests for variances only
after a building permit has been applied for and is in order except
for the variance requested. We furnish to board members all
materials from building department files which are pertinent to the
case, at the night of the meeting, and furnish memoranda and parts
of the application prior to the meeting. Considerations of time
and expense prevent us from preparing detailed graphic aids in all
cases.
5. It is the policy of the board to publish notice of pending cases,
usually 5 days or more in advance of the meeting, and to mail notice
to owners of property within 200 feet of the land in question.
Mrs . Sandra Runnels
Page 2
Nov emb e r 26, 1975
6. The members of the boar d are :
Dr. Wayne Etter
Mr. i !ike ~Jeiss
Col. Glen Jones
Dr . Larry Ringe r
Mrs . Sandra Runnels
1200 Muns on Ave . E
160 5 Lair l a n e
1000 Francis
702 S. Thomas
1303 Laura La ne
846-8972
846-0242
846-2955
846-8912
693-7417
845-3514
845-1717
846-5721
845 -31 41
Th e followin g staff members will assist .y ou or provide any information
they can :
W. F . Koehler
Neeley Lewis
Al May o
Elrey Ash
Vicki Moss
Building Of ficia l
City Attorney
City Planner
City Engineer
Administrative S ec ret a ry
------··· ------------~----------
846-8 886
82 2-7477
846-88 8 6
846-2515
846-8868
(
MEMBERS PRESENT:
MEMBERS ABSENT:
VISITORS PRESENT:
MINUTES
Zoning Board of Adjustment
August 12, 1975
7:00 P.M.
Chairman Wayne Etter ; Members Mike Weiss, Kathy Leabo, Larry
Ringer; Building Official Bill Koehler; Assistant Planner
Chris Longley; City Attorney Neeley Lewis
Col. Glen Jones
See guest register.
The meeting was called to order at 7:00 p.m.
Agenda Item No. 1 --Approval of the minutes of the meeting of June 24, 1975. Mr ..
Ringer moved that the minutes be approved. The motion was seconded by Mr . Weiss
and u~animously approved.
Agenda Item No . 2 --Consideration of a request for variance by James Earle,
407 Timber. Mr. Koehler described the nature of the request. Mr. Earle
explained his proposed plan.
Mr. Hennigan, an adjacent owner,.stated that the proposal was not objectionable
to him.
Mrs . Leabo stated that other homes and structures in the neighborhood had been
built prior to the present ordinance to lesser setback requirements and moved
th a t a varia n ce b e g rant e d to a llow t h e p~o p osed cons t r uction , 8' -4 " b eyond---
the re ar buil ding line. Th e mo tion was seconded by Mr. Weiss and unanimously
approved.
Agenda Item No . 3 --Consideration of a request for variance by Chi-Chi Restaurants,
1500 Texas Avenue South. Mr. Koehler explained the nature of the request. Mr. Lewis
explained the City's position in a situation where permits had been granted in
error.
Mr. Ringer pointed out that the proposed sign was less environmentally detrimental
than the existing sign and for that reason moved that a variance be granted
allowing the construction of a second detached sign on the plot, which would be
installed in the place of the "Quality Inn" sign. The motion was seconded by
Mrs. Leabo and unanimously approved.
Agenda Item No . 4 --Consideration of a request for 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 change in management of the business and that he intended to replace a
portion of the sign with a section identical in size and shape, but with the
new company name.
Mrs. Arnold, an adjoining neighbor, said that she could see no reason why the
sign sho uld not be replaced as proposed.
Mrs . Leabo pointed out that, as it was not the intention of the City to remove
the sign, there should be no reason not to allow its use by changing the .name of
the business.
(
MINUTES, Zoning Board of Adjustment
August 12, 1975
Page 2
Mr . Ringer moved that the variance be granted to allow replacement of that portion
of 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 explained
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 permi.ts within that specific
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 request's 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
I • ; . File No . Page 1 of 2
AP PLICAT ION Application Da t e -------
Re c 'd by
Nrune of Applicant · ___ B_l_a_c_k_D_i_a_m_o_n_d_3_i_s_-n ___ c _o_. _______________ ~~
P .O. Box 7 41, Bed i as , Tx . 77831
P h one (71 3 )-395-4277 Lot ___ Block ~---~Subdivi si on
Description , I f applicable ~-~--------
-------------------------·--------------~
Ac t ion requested: (Ap peal 1 Nonconforming Use,.. Variance) lariance
·--,--~-~-·~--
Adjoin er s n otif ied --Ma iling Date 9 /3!1 fl . ...._5_~
NAME ADD RESS
From current t ax r olls , Coll ege Station 'I'ax Ass essor
H. E . Redmond 903 Munson Dr.
·--~------~~·-
H.H . Alford 1214 s . Colle g e, Bryan
Page 2 of 2 File No. --------REQUEST FOR VARI .ANGE
Present zoning of land in question commerci a l
Section of ordinance from which variance is sought_~ign-deta ched sif<:ns
The following specific varia tion from the ordinance is requested :~
Installation of more than one detached si g n per building plot
Th i s variance is necessary due to the follo wing unique and s pecial conditions
of the l and not found in l ike districts~
Ordi nance allows co mp etitors in sho pp i ng c en t e rs built since
t h is ordinance was passes an unfair advantage .
The following alternatives to the requested va~iance are possible:~-----~
Installation of one massive structure to accomm odate all tena~ts
This variance will not be contrary to the public interest by virtue of the following
facts: Sign to be far enou g h from street to eliminate possibility of
interferance with traffic
The ' facts .stated by me in thi s application are true and correct.
R. • ifak efi eld, Genera 1 ?fanage r, Black Diamond Si g~n_s __ ~9_,_/_.3'-0_./_7"'-"'-5 __ _
Applicant Date
REVIEW AND COMMENT : Building Official: __________________ _
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Page 2 of 2 F ile No .~~------
REQiJEST FOR VARI AN GE !3AROl!V JV EL SUN APPL!CATIOIV
Present zoning of land in question Single Family
Section of ordinance from which variance i s sou ght.~ __ T_a_b_l_e~A-· ~--~----~
The fallowing specific vari ation from the ordinance is requested : __ Sid~~~reet
Setback Should Be 1 5 Feet
Th i s variance is nec essary due to the following rmique and special conditions
of the l and not found in like districts:
This house was constructed more than 30 years ago. In rena__iring term i te
damage t o the foundation, I found the greatest damage to be on thfL.small,~--~
open porch ( 6 ft . wide ). I removed t he double windows at the back of t he
porch and placed them at the front and enclosed the porch .
The following alternatives to the requested variance are possible:~--~~---~-
The house i s located 9 ft . from the property line.
This variance will not be contrary to the public interest by virtue of the following
facts:~ __ H_o_u_s_e_w_i_l_l_c~o_n_t~i~n~u~e---'-t~o_:.b~e_u~t1~·1~1~·z~e~d=-=1~·n~e~x~a~c~t~l~y'-'t~h~e.__..s~a~m~e._,.w~a~y......ua~s__...wuh=en.u.._~~
constructed. ~Ia kes a better appearance now.
The facts stated by me in this application are true and correct.
/(~~S~ep~t~·~2~9~·~19~7~5 ~~ to/ -Date
fu.VIEW AND COMHEi'TT : Building Offi c ial: ___________________ _
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CITY OF COLLEGE STATION
POST OFFICE SOX 9960 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
Mr . Donald H. Banker
10408 Slaughter Creek Drive
Aus tin , Texas 78745
Dear Mr:. Banker,
Nove :nbe r 3 , 1975
We have found that the house at 907 Glade St. in College
Station, of which you appear to be the own er, is being
oc cupied by more than four unrelated persons .
Our ·wning ordinance de fines a llfamily" as b e ing not more
---~----=---tJ:iiit. four-unrelated-persons ora~y riumb-er of related
persons living together in a single house-ke e ping unit .
The house at 907 Glade is in a single family residential
district .
We are notifying you and the o ccupants of the house of
this condition which s h ould be co rrected by December .1, 1975 .
A copy of the pertinent sections of the zoning ordinance is
e nclosed.
If we may assist you in co rre cting this problem, please call
on us.
Sincerely,
/;~· 4/// 11t1!/6#/~-?' 43£~
William F . Koehler
Building Official
WFK:jd
Records tra.""l.s:mi tted to the Board Ln. t hi s app eal: f~t_"Q I/ 6 / /C'I/[ / f u ~~1---7-~~-~.~~~~~~~~~~~
afrl,l/ /i~'/,/f )C'/ !Vou 3 19 7 s-. .~~,~~~-'-~-=---~~~~"'--''--~~~~~~~~~~~~~~~
NO TE : The action of the Building Official from which this app e al is taken is
s tayed upon the filing of this application UNLESS the Building Official completes
the f ollowing c ertificate. T ~is does not relieve the appellant of re s ponsibility
for full compliance should the Bu ilding Official's action be uph eld, and any
action or construction und erta.1\:en by t h e appellant prior to the Board ts decision
on this appeal is at his oifil risk .
* * * * * CR.~TIFICATE OF THE BUILDING OFFICift..L
I hereby c ertify that the action taken by me which is the subject of this
app e al is, in my opinion, necessary to prevent imminent peril to life or
property by reason of the below stated facts and that the said action shall
r ema in in full force and effect pending action by the Zoning Board of Appeals or
by a court of' record on this appeal: 7f1iiC= ----
Building Official, City of College Station * --*~ * * ~~ 1~-* ~~
Da_t_e_pf_certification
* * * -~~ ----* ---
The facts stated by me and initialed by me in this appiication are true and correct.
Appellant · Date
The fac~s stated by--me in this application ~1;; ,', ~ " //4~', >~ ~4 u
Brri 1 ding Officiar
are true and correct.
The Zo n ing Board of Adjustment at a public meeting of~~~~~~~~~~~~~~
Chairper s on Date
Sh e e t 2 of 2 File No.
APPEAL FROM ACT ION OF BUILDING OFFICIAL Filed --D~~ /{)~
Rec 1 d b y _ ff~ C?.? ~ _
~r o ·r"' u t b f · 1 . A J -. L /'/. /·O 75 n .u : 1·1us e l ed d.thin 30 days of a ppealed action: 1VCVe7/77/2<?r ..:J. / /.
>
Date set for hearin ~----------( 30 day s, maximum)
Da te extended ___________ Da te of extension request _______ _
Date of publication of notice
--------~
Sec ti on of Zonin g Ordinance in question __.9.___--A<E __ -' ... .__.""J.__ __________ _
Action of Building Officia l from ihich thi s appeal is taken:&~£
1 / I 4/:. / Initial ZJ-4 &k4;fr <2!VC/a R1fo//C£Jd t ?(76A;/J<'l0<)/ /o bg &ch«if
k 3%/zy!& rfiwi{ 4v L/~cem-6e:c ! .!tZ?~,, ________ _
Action vhich, in the opinion of the appellant, should have been taken: ____ _
Initial
Occupancy should be allowed to continue until May 31, 1976 which is the
end of the Spring semester at the University.
----------------------------------.. -.
App e llant 1 s r em arks--grounds for appeal: ___ _
Initial
See Attached Sheet.
Building Officia l's remarks--grounds for original a c tion ___ _
/ /. )nitial
_j() r:~11.9 q~vew v;-s., /a o& d /'r!d's:>cau~6£, TLme ... L 4/fl(/% _
ht /'"k r · /, ~ . ~hC-nc: /m,.-4' @cJO'//_
A:1s a,,bd '2
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/ fi.a 7 ou/'~~:r 1/Jt/c::h~c/. !Je tl/12.i:..eu.d
/M.b~rzc: @ll lie _ _£.'l;/c?S~_daL7~_e_
./Jr:/.~~ doi.·Z t!-~12 9raal
I believe that an extension of the time allowed for occupancy by the
six students until May 31, 1976 would not be unreasonable in that Lots 4,
and 5 constitute almost 1 /2 acre, the house is a four b e droom house with
a 2 car garage and an extra driv eway to the extra lot (Lot 5 of Glarl.e). Th e
whole o f the two lots is nrivacy fenced and due to th e extra ~idth of Glade
Street and the size of my prop~rty I feel that there doe s n't ex ist any
co ndition due to the extra two students resid i-nB a t 907 that would infringe
upon the general public health, safety, morals or welfare which might under
other conditions possibly result. If you consider the two driveways there
is more than adequate parking spa ce for the students' three cars and in fact
there is space for as many as six cars. In view of the housing situation
in Co l lege Station I believe that a forced tenninat ion of occupancy o f two
of t he students (or possibly all six due to the economics of the situation)
wou l d create a hardship on these students and also on the owner which most
certainly could be alleviated by the requested extension of the allowable
occupancy period by the board .
----------~--·------