HomeMy WebLinkAbout10 UnlabeledAGENDA
CITY OF COLLEGE STATION, TEXAS
Zoning Board of Adjustments
October 18, 1983
7:00 P.M.
l. Approval of Minutes of the September 20, 1983 meeting.
2. Consideration of a request for variance to the side setback requirement
for construction of a carport at 2809 Brothers in the name of Chalon Jones.
3. Consideration by the Board to rehear a request for variance to the rear
setback requirement for the construction of a garage at 8700 Greenleaf
in the name of Frank Cinek.
4. Consideration of a request for variance to the sign regulations for the
Ashford Square Subdivision in the name of MHBR-Joint Venture.
5. Consideration of a extend
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conditional variance the parking request to a to
requirement at 315 University in the name of Edward Walsh.
6. Consideration of a request to extend a conditional variance to the parking
requirement at 411 University in the name of Lone Star Yogurt.
7. Consideration of a request for variances to the setback, parking, and lot
dimension requirements for the reconstruction of t he burned structure at
108-112 College Main in the name of Fred Nabors.
8. Consideration of a request for variance to the parking requirement for the
expansion of the business at 509 University in the name of Al Gutierrez.
9. Consideration of a request for variance to the front setback requirement
for the reconstruction of the burned struct ure at 313 University in the
name of Herbert Affron.
10. Other Business.
11. Adjourn.
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MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
AGENDA ITEM NO. 1:
MINUTES
CITY OF COLLEGE STATION, TEXAS
Zoning Board of Adjustment
September 20, 1983
7:00 P.M.
Chairman Cook, Members Wendt, Wagner, MacGilvray & Upham
(Alternate Member McGuirk in audience)
Alternate Member Meyer
Zoning Official Kee, Ass 1 t Zoning Official Dupies & Planning Technician
Volk
Approval of Minutes -meeting of August 16, 1983
Mr. Upham made a motion to approve the minutes with Mr. Wagner seconding. Motion carried
4-0-1 (MacGilvray abstained).
Chairman Cook then opened the public hearing and explained the duties and obligations of
this Board.
AGENDA ITEM NO. 2: Consideration of a re uest for variance to the rear setback require-
ments Table A, Zoning Ordinance No. 850) to allow construction of a garage at the resi-
dence at 8700 Greenleaf (Lot 24 Block 2 Emerald Forest Phase IV.) Application is in the
name of Mr. & Mrs. Frank H. Cinek.
Mrs. Kee explained the background which led to this request, referring to the Staff Report
which is included in the packets. Allen Swoboda came forward to represent the applicant
and was sworn in. Mr. Upham pointed out that the Board normally does not take action
unless the applicant is present in person, but the Board decided to make an exception
in this case, as Mr. Swoboda is the developer of the subdivision in which this home is
·located. Mr. Swoboda explained that the proposed location of the garage has been chosen
in order to save the trees on the lot and to maintain a backyard of acceptable size. Mr.
Wendt asked Mrs. Kee's opinion-regarding this request, and she explained that she has
difficulty identifying any hardship or 13ny,.special conditions which would allow for this
variance, in that the applicant knew at the time he requested a building permit that there
would be a problem in locating a two-car garage. She did, h6wever, poinr ou~ that ~separa
tions between the buildings would present no problem if this is granted, and identified
front, side and rear setbacks. Mr. Upham stated that he believes the Board is being asked
to do two things: (l)to overlook a surveyor's scaling error, and (2)to bail the owner
and builder out of inadequate planning; and that he needs to be convinced that these
problems warrant a variance. Mr. Swoboda said that the location chosen would help pre-
serve the looks of the neighborhood, and locating the garage up against the house would
not look as good. Mrs. Cook pointed out that alternatives are available: (l)to do without
this garage, or (2)to take out the trees. Mr. Wagner said that in all fairness the trees
in question are not very large, and could be replaced at other locations. He went on to
say that he believes this house is too big for the lot, and that he agrees with Mr. Upham
in that there are no unique or special conditions, drainage problems, etc. which would
warrant a variance in this instance. Mr. MacGilvray then made a motion to deny a variance
to the minimum setback (Table A) from the terms of this ordinance as it will be contrary
to the public interest, due to the lack .of unique and special conditions of the land not
normally found Jn 1 ike districts and because a strict enforcement of the provisions of
the Ordinance would not result in unnecessary hardship to this applicant, and such that the
spirit of this Ordinance shall be observed and substantial justice done. Motion was second-
ed by Jack Upham and carried unanimously (5-0).
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ZB,ll. Minu t es
9-20-83
page 2
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AGENDA ITEM NO. 3: Considera tion of a re uest to substitute one nonconforming use for
another as per Section ll-B3 a of the Zoning Ordinance; specifically to remove an exist-
ing barn and construct a new barn on Lot 14 of the Sandstone Subdivision. Application is
in the name of Russell & Kim Hanna.
Mrs. Kee explained the request and referred to an aerial photo. She gave the history of
annexat ion , the building and subsequent rezoning to R-1 Single Family Residential, which
resulted in the barn becoming a nonconforming building. Kim & Russell Hanna, 1700 Austin
came forward and were sworn in. They added that their lot is a 2 acre lot, and stated
that Mrs. Kee had given a complete background for the request. Mr. MacGilvray asked if
the deed restrictions wou ld allow horses, and wondered if grant ing this variance would
cause prob l ems in the future. Discussion followed conc erning the question of whether or
not the City took in this land while recognizing the deed restrictions. Mr. Upham stated
that he thinks this property is unique in that the only just ification for Single Family
zoning wou ld be for the purpose of taking in an entire area, and he believes that the pro-
perty was g iv en a zoning which is not compatible with the intent of the land use.
Mrs. Ke e stated that the purpose of R-1 zoning is for single family homes and A-0 zoning
would restr ict l ot size to a 5 acre minimum, She further stated that when the City annexes
an area, it wou l d not brea k existing contracts ~ nor cause nonconforming structures to be
torn down . Mr. Upham said this land was platted, zoned and developed fo r a specific
purpose, the deed restrictions would cover allowances for an imals and the City should not
change the character of this approximately 90 acres; therefore, this is a special and
unique situation . After discussion, Mr. MacGilvray made a mot ion to authorize the sub-
stitution of one nonconforming use for another because the extent of the substituted use is
l e ss detrime ntal to the environment than the first. Mr. Wagner seconded the motion whic h
carri e d unanimously (5-0).
AGENDA ITEM NO. 4: Other Business
Ther e was none.
Mr. Wendt made a motion to adjourn with Mr. Upham seconding. Motion carried unanimously
(5-0).
APPROVED:
Chairma n, Vi Cook
APPROVED:
City Secretary, Dian Jones
c·ty of C liege Station
P OST OFFICE BOX 9960 11 01 TEXJ-\S r \VE:'\I 'E
COLLEGE STATION. TEXAS 77840-2499
October 10, 1983
MEMORA.'t\/DUM
TO :
FROM:
RE:
Zoning Board of Adjustment ,,,/_
Jane R. Kee, Zoning Officia'{J-~
Northgate items
....
Attached is a copy of the minutes of the Council meeting held September
22, 1983 regarding Northgate and the moratorium on parking variances.
On October 12, 1983 the Council will consider again the Northgate
Committee recommendations. The results of this workshop will be
available at the Board meeting Tuesday night.
REGULAR CITY COUNCIL MEETING
THURSDAY, SEPTEMBER 22, 1983
PAGE 4
Councilman Runnels moved approval of the preliminary plat -Family Tree
(165.09 Acres).
Councilman Reinke seconded the motion which passed unanimously, 5-0.
Agenda Item No. 5 -Consideration of the Final Recommendations from the
Northgate Committee.
Director of Planning Mayo presented the item. He stated that the Planning
& Zoning Commission had a lengthy discussion concerning the final
recommendations of the Northgate Committee, and at the October 6th meeting
will arrive at some recommendations concerning the report. He further
stated that the Planning and Zoning Commission recommendations will be
brought to the Council at the October 13th meeting.
Councilman Runnels stated that he was impressed with the thoroughness of
the report.
Director of Planning Mayo asked the Council for direction concerning the
one-year "parking variance moratorium", which will expire this month. He
stated that the Planning and Zoning Commission suggested that a policy be
established, with the Council recommending to the Zoning Board of
Adjustment that no parking variance in the Northgate Area be granted to any
business that would create a more intense use than is already existing.
Councilman Prause moved to accept the recommendations made by the Planning
and Zoning Commission regarding the one-year "parking variance moratorium".
Councilman Runnels seconded the motion which passed unanimously, 5-0.
'Agenda Item No. 6 -Consideration.pf .a Resolution to adopt the entire
Comprehensive Plan -Plan 2000.
'Director of Planning Mayo presented the item.
· Councilman Reinke stated her concern regarding the "Thoroughfare Plan"
section of the Comprehensive Plan -Plan 2000. She expressed her concern
about the construction of major thoroughfares through residential areas.
Councilman Runnels moved to approve Resolution No. 09-22-83-6 adopting the
Comprehensive Plan -Plan 2000.
Councilman Anderson seconded the motion which passed unanimously, 5-0.
Councilman Mcilhaney arrived at the meeting.
Agenda Item No. 7 -Consideration of Additional Funding for Brazos Animal
Shelter.
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City ration
POST OFFICE BOX 9 9GO I IO I TEXAS A\'E:\l'E
COLLEGE ST/\TION. TEX.'\S 77840·2499
September 26 , 1983
Memo
TO : J A...~E KEE
FROM: CATHY LOCKE ,,-
RE: THE EFFECT OF A NEG~_TIVE MOTION BEFORE THE BOARD
Article lOllg only requires that a concurring vote of
four members be necessary to reverse an order of an
adm inistrativ e official or to de c ide in favor of an
applicant or to effect a variation in an ordinance .
It is my understanding that where the vote does not
invo lve bending of these specific situations as
enumerated by the statute, then action can be taken by
a majority of the vote.
zox n;c 130:\RD OF ADJUST ~!£ !T FILE NO.
CHALON JONES
2809 Brothers, College Station, Texas 77840
Phone 696 -7751
Loc a tion: Lot 5 Block 27 Subdivision SOUTHWOOD VALLEY, SECTION 7-D -------
Description, If applicable -----------------------------
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Acti o n requested: Variance from side building line s to all ow for 3-car carport.
NAHE ADDRESS
(From current tax rolls, College Statio n Tax As s essor)
St ev e Graham (BK 26, LT 6, SOUTHWOOD VALLEY) 2811 Pie rre Place, C.S.
John T Hooper (BK 26, LT 7, SOUTHWOOD VALLE Y) 220 Sugarberry Cr., Houston
Texas 77024
Rodne y A. Holloway (BK 26, LT 8, SOUTHWOOD VALLEY) 2815 Pierre Place, C.S.
Michael K. Reece .-(BK 26, LT 9, SOUTHWO.OD VALLEY) 2817 Pierre Place, C.S .
Henry M. Bell (BK 27, LT 2, SOUTHWOOD VALLEY) . 2803 Brothers, C.S.
Glenn D. Rierson (BK 27 , LT 3, SOUTHWOOD VALLEY) 2805 Brother$, C.S .
E. Leonard Copeland (BK 27, LT 4, SOUTHWOOD VALLEY) 2807 Brothers, C :•S.
Khee Choon Rhee (BK 27, :LT 6, SOUTHWOOD VALLEY) 2901 Brothers, C.S .
Jerry D. Wolfenbarger (BK 27, LT 7, SOUTHWOOD VALLEY) 2903 Brothers, C.S .
Eddie R. Roe (BK 27, LT 8, SOUTHWOOD VALLEY) 2905 Brothers, C.S.
Victor L. Willson (BK 27, LT 15, SOUTHWOOD VALLEY) 2818 Pierre Place, C.S .
Robert B. and Judy Bailey (BK 27, LT 16, SOUTHWOOD VALLEY) 2816 Pierre Place, C.S.
David B. Hill (BK 27, LT 17, SOUTHWOOD VALLEY) 2814 Pierre Place, C.S.
Steven Stephenson (BK 27, LT 18, SOUTHWOOD VALLEY) 2706 Broadmoor, Bryan
Ralph R. Varner (BK 2 7 , LT 19, SOUTHWOOD VALLEY) 2810 Pierr e Place, C.S.
James H. Lafon (BK 27, LT 20, SOUTHWOOD VALLEY) 2808 Pierre Place, C.S.
Ronald A. Bryant (BK 27~ LT 21, SOUTHWOOD VALLEY) 2806 Pierre Place, C.S.
Jackie W. Sherrill (BK '28, LT 2, SOUTHWOOD VALLEY) 2802 Brothers, C.S.
Emil E. Ogden (BK .28 , LT 3, SOUTHWOOD VALLEY) 2804 Brothers, C.S.
L.A . Jr, Tommie S. Maddox (BK 28, LT 4, SOUTHWOOD VALLEY) 2806 Brothers, C.S.
Danielle C. Benjamin (BK 28 , LT 5, SOUTHWOOD VALLEY ) 2808 Brothers, C.S.
Joerg Auer, et ux (BK 28, LT 6, SOUTHWOOD VALLEY) 2900 Brothers, C.S.
Di ck Simmons (BK 2 8, LT 17 , SOUTHWOOD -'V'-"':A .... L,...L"""E..,Y'"') ________ ___:l=..:4::'...:0~0~D~e::!:a~c~o~n~,~C'._:.~S:...:.. __
City of College Station (BK 28, LT 17.1)
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zm:rnG BO A...RJ) OF :\D.n..:sr:r:NT I'J LE ;-:o .
Section of c cdina n c e from ~hic h varianc e i s s oug~t Table A
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The follm'7i n g s pe cific v2.ri a ti on fr om the o rd i n a:!.c e is requf'.S ted : to be allowed to deviate
from 7 .5 ' side offset building line to allow for cons truct ion of 3-car carport . The proposed
corner of carport matches exactly the existing dr iveway which is 16" from side proper t y line .
Only doing a 2-car carport (i.e. maintaining the 7.5' offset) would actually create an appear-
ance of being un finished because the covering up above would not match the concr ete drive
b e neath.
This varianc e is n e ce s sar y due to the foll o win g un iqu e a nd special conditions of
t he land not foun d in like districts : Preyious garage was enclosed for additional bedroom
and bath. Old driveway will accommodate 3-car carport without any change or' add;itions . We
have 3 cars and would like to cover them. The pitch of the roof of th e carport will exactly
match the pitch of the roof on the front of our house giving a planned effect instead of an
add-on ·e ffect . The space above the carport will also provide excellent storage in the
highly-pitched ar e a .
The follm1in g alternative s to the requested v a ri.:rnc e a r e po s sibl e ; My Plan "B" is to build
a 2-car carport . This se ems k ind of silly to me becau se th e existing driv eway would be 8'
wider th a n the carport above. It wo uld look unfinished or added-on.
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This variance '\-rill not b e contrary to th e pub lic interest by virtue of the following
f~cLs: The variance would provide a covered carport entirely encompassing the existing
driveway and would present a more fini shed , uniform and complete appearance . My adjoining
neighbor on that side , Dr. Khee Rhee . approves the carport and has constructed a wooden fence
that will adjoin th e brick columns supporting my carport on our common
houRe is m~yh closer to·our street than the carport will be so the two
fl1e g ,,e~ rS.%'1 Ffb)~ -u.e Cr1ret ttN t~~p<Jl:~t~<tlJ..nsli) ~1 r-e : ::-t:e ~.:1d c or r ec t .
property line. Hi s
properties will not
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A pr l i~t
Sept emb e r 29, 1983
Date
CHALON JONES
TO:
FRO M:
GE NERAL
STAFF REPORT
Zoning Board of Adjustment,,/,}~
Jane R. Kee, Zoning Offici~
INFORMATION:
Applicant: Chalon Jones
Status of Applicant: owner
DATE: October 10, 1983
Location: (address, lot, block, subdivision) Lot 5, Block 27, Southwood Valley 7-D
2809 Brothers
Ex isting Zoning: R-1 Single Family
Requested Action: Variance to side setback
Purpose: To construct a 3-car carport within 1'4" of side propert y line (see site plan)
f"' ~·
Applicable Ordinance Section: Table A Note "D"
SPECI AL I NFORMATIO N:
Variance
Setbac k s Required: 7.5' as well as 15' separation f rom adjacent structures
Adjacent Structures : Adjacent house in appro x imately 9 1/2' f rom the side property
line.
Utilities: Waterline along front sewerline along rear.
Other: 10' easement along right side (5' on each side of property line) for
street light.
PHYSICAL CHARACTERISTICS:
Lot Dimensions: 101 .9 x 156 .2 x 103.2 x 137.8
Access: Brothers Blvd.
Flood Plain: None
ANALYSIS:
Alternatives:
Hardship:
Ordinance Intent:
ATTACHMENTS:
Application
Construct only 2-car carport -the 5' easement will prohibit the
construction of the carport as requested even with a variance unless the
applicants receives approval f rom the Council to abandon the easement.
Appears self-imposed
Provide separation between structures for light, air, possible
emergency access .
Map
List of Property Owners within 200 ft.
Site Plan
Other: Letter from Neighbor
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June 4, 1981
Zoning Board of Adjustment
City of College Station
College Station, Texas 77840
RE: Mr. Chalon Jones' Proposed Addition at 2809 Brothers Blvd.
Gentlemen:
I am Mr. Jones' next door neighbor at 2901-Brothers Blvd., and my house adjoins
Mr. Jones' property on the side where he is proposing to add a carport.\
Mr. Jones showed me his pl ans for the proposed addition of a 3-car carport at
the end of his drive-way. As a neighbor, I understand his needs and desire to
hav e a carport built, and his plans, in my opinion, seem reasonable. I,
therefore, have no objections to Mr. Jones' pl ans to add such a carport as long
as t he following two conditions are met.
1. The Zoning Board of Adjustment, City of College Station, has determined
that the proposed addition is acceptable under the currently applicable
rul e s and regulations gov e rning the City Zoning Ordinances, includi ng
general appearance, fire hazard and others.
2. The current or alJ f uture .own~rs of the property at 2901 Brothers Blvd.
will not be held responsibl .e, legGi.lly or otherwise, for any damages or
violations of city zoning \ordirlances or others arising directly or
indirectly from the proposed addition.
If I can be of fur t her assistance in this matter, please let me know.
Yours very truly,
~~~
Khee Choon Rhee
2901 Brothers Blvd.
College Station, Texas 77840
LAW OFFICES OF CHALON JONES
T EXAS 70 7 -SU IT E 113 -E
P. O . DRAWE R C R
COLLEGE STATION , TEXAS 778 4 1
zoning Board of AJjustment
College Station , 'Iexas
7 13/696 -775 1
s=pternber 28, 1983
RE: Sideline Variance -Chalan Jones, 2809 Brothers
!:Ear Ladies a nd Gentlemen:
'lhis l e tter is being given in arnp)if ication of my application for
variance v.hich has already been submitted.
I am sure the merrbers of the zoning Board of A:3jusbnent regularly
go out and look at the property involved when cnnsidering a request, and
I certainly rope that is done in this case .
You will see a driveway that widens to 33 feet at the end. 'Ihe re
is ample space to park three cars. ~ are proposing to irake the carport
h a ve a roof that exactly matches the pitch of the roof of the front part
of our rouse to give the final product a look of cnntinuity.
As I pointed out in iw application, this carport will be behind my
adjoining neighbor's rouse, and I don't feel it will result in the two
properties appearing to be crammed, together . Likewise, there is an
existing fence between my property ·ana that of my neighbor's which will
continue to be there in any ev~nt. f · ! '
So, it seems to rre that the addition WJuld look rrore a::xnplete aoo
finished if the carport extended over all the concrete driveway and
ended up at the existin:] fence line.
Your tune and cnnsideration is very much appreciated , and I will be
glad to answer any other questions at the hearing on October 18th.
Chalan Jones
CJ:kj
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('-_I T_E_M_i\_J o_. ___ ).(_c_A s_E -No_. ____ ] ( SC ALE' 1":200' )
TYPE OF CASE ZBA
ZOi\rnG TIO:\RD OF ADJUSnlENT FILE NO .
,-/c Name of Applicant /-van
Mailing Addre ss "~ c_r,,, ( I
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Ph one t_-201 ?t1-3&.?I
Location: Block _ ..... ~=--
Description, If applicable
,.
Action req ues ted:
NAME ADDRESS
(From current tax rolls, Colle ge Station Tax Assessor)
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zm:n:G BOARD O? ,\.D .TCS T :·:t·'.NT fJLE NO .
Section of c:dinar.ce from ~hich variance is soug~t c:;, -G 2---
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The following spec ific variation from the ordinance is requested: I S .5 /,,{ f' Va.. Y 1 &; nc.~
sel -ka,k.
/1 )c .-{ld 0-Ui!lu ~O Y
rer, 1 'yem~!l {,
Cani'tv1.A..:Ji'"' 125-~o v-c~ae
/,£ £vom
This variance is necessa r y due to the following uni C}t!2 and speciil conditi ons of
th e land not found in like districts: .-·· ...
al/ouJ U"'Y''V . 1-v Tbo },,,., Li: ·~
will fev-mi' t{ tht . S c; v /ru~ (){ Se ve v c1 I ,la YCJ"'
~-ht'Hev /.{.)e <'·f /ct fi11c; /)Ycv1
1Je ·tov-Jo. ...-c er },,,,,c_f_ I I j I
The follouing altern.::.tives to the requested vari3nce are possible:
be alfeY(1 4
wh, 'cl (,/_)t:J£1/cl co'ue..--all
Woe --// c<2/ a~/ Q e . c " a -e -{ /
off ~,-£
i1c Jc
b a c ); f on L__
of hoc.tsr::..
This variance will not be contrary to the public interest by virtue of the following
f~c-cs: .__It~ t/~v-1 'on~ t i!... C'o /! c. /;;/,'c /11 fev-esT
hcz s
Sc ~b ~u -k
Da tc
Ci ty of Colleg e S t ~ti on
?os t Office Box 9 960
1101 Texas Avenue
Colleg e St a tion, Texas 77840
1'. ttention:
Hs . J erne Kee, Zoning Official
De a r Ms . Kee,.
136 'foo d l a 1m _:_v enu e
Uppe r h on tcle.ir, '..Y .J.
S ep.t ember C.9 , 1 983
·.-,'e have be en informed that our Variance Req u es t to allow c o n st ruction
of' a gar c.g e a t t h e re s idence at 8700 Greenleaf (L o t 24 Bl ock 2 Eme r e.l d
Fo rest Phase IV) h as be en denied.
··:e p-len to be in Colleg e St a tion the week of the l6 th of October end
c·T i th the permi ss ion of the Zonong Board, a re re qu es ting r:. heari.."'!g
regardin g th e denial of v a riance to the re a r set b a ck r e quir emen t s (Table
:..,. Zo ning Or d inance No. 850).
,'e ~muld app reci a te very much your np..ti,fy ing us if a h earin g h ns be en
! I '.
g r an ted. ''f e may be reached (Aft e r October 16, 1983) a t 8 7 00 Greenle a f
Col lege S tation or by p hone,(409)764-7C94. Our ?;e·11 J e rs e y p hone (an)-
746-3671. -.~d d ress.= 136 ~foodlawn Av enue,. Up~er Ifo ntclair, N .J. 0 7 04 3.
Thank y ou for yo ur time and con s i de r a tion.
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City ta ti on
POST OFFICE BOX 9960 1101 TEXAS 1\VE N LJE
COLLEGE STATION. TEXAS 77840-2499
October 10, 1983
MEMORANDUM
TO:
FROM:
RE:
Zoning Board of Adjustment (\I.>-/
Jane R. Kee, Zoning Officia~
Variance in the name of Frank Cinek
As you recall on September 20, 1983 the Board denied the rear setback variance
request for construction of a garage at 8700 Greenleaf.
Mr. and Mrs. Cinek are from New Jersey and were not at the previous meeting.
They will be in town during the October meeting of the Board and they contacted
me concerning another hearing. I explained to them that the Board's Rules
and Procedures require that any applicant wishing to come before the Board
again with the same request must receive permission first from the Board.
Rather than ask permission at the October meeting and, if granted, appear at
the November meeting, the Cinek's elected to pay the application and mailing
fees to be heard at the October meeting if the Board so desires. I have
advised them of the Board's previous action on their property and the reasons
for the denial and that they are taking a risk in resubmitting an application
without knowing if the Board will tonsent to a re-hearing .
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STAFF REPORT
TO: Zoning Board of Adjustment DATE: ~ember 13, 1983
FROM: Jane R. Kee, Zoning Official
GENERAL INFORMATION:
Applicant: Mr. & Mrs. Frank H. Cinek
Status of Applicant: Owner
Location: Lot 24, Block 2 Emerald Forest Phase IV (8700 Greenl eaf)
Existing Zoning: R-l Single Family
Requested Action: Variance to rear setback
Pu r pose: To construct a garage up to 15 ft. from the rear property line.
Appl ic ab l e Ordinance Section: Table A -District Use Schedule
SPECIAL INFORMATION:
Variance
Setbacks Required: Rear -25 ft.
Adjacent Structur es : Existing adjacent garage approximately 10 ft. from property
line; adjacent house approximately 15 ft. from property line.
Existing Parking: N/A
Parking Required: N/A
Utilities: 10 ft. utility easement along rear.
PHYSICAL CHARACTERISTICS:
Lot Dimensions: See site plan
Access: From Bent Tree Drive
Existing Vegetation: Few large trees in rear
Flood Plain: N/A
ANALYSIS:
Alternatives: Lose some existing trees and take up a larger portion of the bac kya rd
or propose one car garage.
Hardship: The approved site plan was for a Til so n home. Becaus e Tilson does not
involve themselves in constructing driveways the City permitted the house
with the note that the driveway had to be in prior to the C.O. If the
applicant wanted a garage a permit wo uld have to be applied for and the
-driveway could be shown as a part of that permit. If there was to be
STAFF REPORT
page 2
9-13-83
no gar .~~__!b_~~:i___?__ driveway permit would have to be applied for.
As the site plan was approved and as the house is located on the
lott "F1-ereTsL+O ft. from the rear of the house to the rear property
1 ine-Willch would allow a single car-garage or a garage approximately
TS-ft. wide unless some trees are removed. If trees are removed
-------------_and moreor the backyard is taken
~a two-car ~__g_e could probably fit within the setbacks.
Apparently the mistake referred to in the application involves a
measure~ent t~-~ was dJ_~~nsioned correctly (40.18 -see building
permit site plan) but does not scale correctly. All other dimensions
are correct to scale. I al ways use di mensions to check plans because
sealing on Xerox copies is not accurate. According to the dimensions
~hOus~__il~? on the lot and it does in real it~ Apparently the
lot is just not large enough to accommodate this size house, a two car gara 9~_ind-the size backy ard with e x isting trees that the appl i-
c an t desires to keep.
Previous Action on this property: None
ATTACHMENTS:
App 1 i cat ion
List of Property Owners within 200 ft.
2 Site Plans
Area Map
BK 2, LT 25
BK 2, LT 26
-BK 2, LT 27
BK 2, LT 28
EMERALD FOREST IV
David Foster Construction
1512 Texas Avenue South
Bryan, Texas 77801
BK 2, LT 9
EMERALD FOREST IV
Charles A. Scull
1815 Rosebut Ct
College Station, Texas 77840
BK 2, LT 10
EMERALD FOREST IV
Keiser, David M.
1813 Rosebut Ct.
College Station, Texas 77840
BK 2, LT 11
EMERALD FOREST IV
Randal Wayne Stuart, ETU X
4207 Cheyenne Circle
Bryan, Texas 77801
BK 2, LT 21
BK 2, LT 22
BK 3, LT 9
EMERALD FOREST IV
Anthony Horne Builders Inc.
P.O. Box NN
--
College Station, Texas -77840 ·
BK 2, LT 23
EMERALD FOREST IV
BPC, INC .
. 2911 Villa Maria Rd.
Bryan, Texas 77801
BK 3, LT 14
EMERALD FOREST IV
Danny J. Earl
5210 Tower Drive Apt, 135
Wichita Falls, Texas 76310
BK 3, LT 16
EMERALD FOREST IV
James R. Larue Jr.
8702 Bent Tree
College Station, Texas 77840
-[,. i ;
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-.....
. .. .~·"' : '.' .....
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BK 3, LT 13
BK 3, I,.'f 11
BK 3.,· LT 10
BK i.,· I,.T-i ,
BK f ,' LT 3
BK.. 1, LT 4
BK 2, LT 1
Haldec Inc.
1607 Emerald
EMERALD FOREST
EMERALD FOREST
EMERALD FOREST
EMERALD FOREST
EMERALD FOREST
EMERALD FOREST
EMERALD FOREST
PKWY
College Station, Texas 77840
BK 3, LT 12
EMERALD FOREST IV
P6nzi6 'Hornes ,-!nc.
P.O. Box 1163
Bryan, Texas 71806
BK 4, LT -1 -
BK 4, LT 2
BK 4, LT 3
BK 4, LT 4
EMERALD FOREST IV
Tony Jones Construction Co.
P.O. Box AT
College Station, Texas 77840
IV
IV
IV
v
v
v
v
BK 1, LT 2
BK 1, LT 6
Ranco Hornes
EMERALD FOREST V
EMERALD FOREST VI
1128 Villa Maria
Bryan, Texas 77801
....... --~· ... r·,·.--.·· ....
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( . ITEM NO. H CASE N 0. ~------") ( SCALE,1",600' ) .
TYPE OF CASE:
Varience To Rear Setback
'· ' ,/.-
ZO:\rnG 130:\RD OF ADJUST~IENT .. FILE NO .
Name of Applicant M.H.B.R. Joint Venture
'.f t
Ha il ing Add ress P.O. Box 9935 College Station, Texas 77840
693-3955
2,3 A
Location: Lot2,3,5,6 Block _B __ _ Subdivision Ashford Square
7,8 D
Description , If applicable
-------------------------------~
,,-.. . •
Action requested: Variance to sections 8-D-6 8-D-7
NAHE ADDRESS
(From current tax rolls, College Statiqn Tax Assessor)
> ·•
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..
BOARD O? ,\D.I:.JST;·:t·'.N T rILE NO.
Section of c:dir.ance from ~h i ch vnriance is soug~t Ordinance No. 850 Section 8-D-6 and 8-D-
The follo~ing specific variation from the ordinance is requested: That off premise
d e tached sigoag e be allowed along designated frontage of Ashford Square. Signs to be
l ow profil e in design and res t ricted to the interior C-1 lots within the subdivision.
Further that the y be allowed within the 10 ft. set back requirement. That Wendy's and
Br azos Sav ings b e allowed detached signage on premises but not within this designated
ar e a.
This va ria nc2 is nece s sary due to the followin g uni qt!2 and speciil conditions of
the land n o t fou nd in like districts:
Ash fo r d Squ a r e is de velop.~d to allow individU'~l ownership of small commercial lot's. By
doi n g so th e ma j o rity of lots do not frontage the main artery being SW Parkway. The
r e qu es t wo uld 'all ow owners of interior lots to e xpose th e ir signage to SW Parkway
tra ffic.
The follouin g alt e rnatives to the requested variance are possible:
..
. ' . I
This variance 'Will not be contrary to the public ·inter2st by virtue of the following
f~cts: Signs wrnild be req11ired ta be low profile, not to exceed 3ft. in height and 1..rr~~/llf17:i?..
within the landscaping Placement of the signs would be aw;;y fran the curb cut to
ass ure visibility of on coming traffic
The:! fa c ts st 2 :c c1 b y G"12. in th i s application ;ire ::-c2 n:1 d correct.
October 6, 1983
])a tc
STAFF REPORT
TO: Zo nin g Board of Adj ustm en t DATE: October 11, 19 83
FROM : Jane R. Kee, Zoning Officia l
GENERA L INFORMATION:
Applicant : MH BR Joint Ve nture
Status of Applicant: Developer of Ashf ord Square Subdivision
Location : (a dd r ess , lot, block, subdivision) Lots 2 & 3 Block A, Lo ts 2,3,5 & 6
Bloc k B and Lots 7 & 8 Block D
As hford Square Subdivision
Exis t ing Zo ning : C-1 General Commercial
Reques t ed Ac tion : Variance to Section 8 -D.6 requiring 10' setback f rom public R.O.W.
and Section 8-D.7 con cerning off-pr em i se signs
Purpose: To al low lots 2 & 3 Block A, Lots 2 ,3 ,5 and 6 Block B and Lots 7 and 8 Block D
tn have signs in th e desig nat e d area (see plat ) along Southwest Parkway and to a llow
Lot 1 ~lo ~k.A (Bra zos.Banc) a nd lots 1 & 4 Block B (We nd y 's) to each have a detached sign on Eneir respective propert y .
SPECIAL INFORMATION:
Va riance
Se tba cks Requir e d: 10' setback f rom R .O.W. for signs in Commercia l and Indu strial
z ones
Utilit ies : underground
PHYSICAL CHARACTERISTICS:
Lot Dimensions: See plat
Access: See plat
Elood plain: None
ANALYSIS:
Alternatives: Either view all of Ashford Square as a building plat and allow only 1
detached sign or view each individual lot as a building plot and allow
1 detached sig n on each lot in the C-1 zone.
Previous Action on this Property: Variance to r ea r setback granted 8/16/83
ATTACHMENTS:
Application
List of Property Owners within 200 ft .
Oth er : Minut es from 8 -16-83
Plat
Area Map
TR 1
M. Rector
Kenneth C. Krenek
37 Camden Place
Corpus Christi, TX 78412
TR 2
M. Rector
Lillian M. Thompson
206 McKinney
Bryan, TX 77801
TR 36, TR 5
M. Rector
Hugo H. Krenek
2533 Texas Ave.
College Station, TX 77840
TR 4
M. Rector
Gladys B. Patrick
408 Day St.
Bryan, TX 77801
TR 84
M. Rector
John Ben Carrabba
P.O. Box 664
Bryan, TX 77805
BK 4, LT 1
Brentwood II
Troy M. Stallings
216-218 Bucknell Ct.
College Station, TX 77840 .
BK 4, LT 2
Brentwood II
Jean C. Weaver
214 Bucknell Ct.
College Station, TX
BK 4, LT 3
Brentwood II
Chester J. Godell
208 Bucknell Ct.
77840
C6llege Station, TX 77840
BK 4, LT 4,5,6
Brentwood II
Albert B. Syptak Jr.
--2302 Briar Oaks
Bryan, TX 77801
BK 5, LT 1,3
Brentwood II
Adeline D. Holder
% Joseph Leblanc
349 Louisiana Pkwy
Corpus Christi, TX 78404
BK 5, LT 2
Norman D. Van Hyning
315 Buckingham
Victoria, TX 77904
BK 5, LT 4
Joseph U. Leblanc
902 Halick Dr. S.
College Station, TX 77840
BK 1, LT 1
Brentwood IV
Commerce National Bank
James K. Presnal
2405 S. Texas Ave.
College Station, TX 77840
BK 2, LT 2
Brentwood IV
Brentwood Inc.
3743 S. Texas Ave.
Bryan, TX 77801
LTS 9-15
Will iam-Winder-King
Allen R. Swoboda
301 Krenek Tap Rd.
College S~ation, TX 77840
.--BK 4, LT 7
Brentwood II
Betty J. Suggitt
205 Bucknell Ct.
College Station, TX 77840
BK 4, LT 8
Brentwood II
W.S. English
832 Kuhlman Rd.
Houston, TX 77024
BK 4, LT 9
Brentwood II
Hartsel Dale Allen
4203 Edgemont
Austini TX 78700
.·,
BK 4, LT 10
Brentwood II
Randal B. Scott
/217 Bucknell Ct.
College Station, TX 77840
BK 5, LT 10
Brentwood II
Serg io Estrada
Unknown address
J'
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{
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
MINUTES
CITY OF COLLEGE STATION, TEXAS
Zoning Board of Adjustment
August 16, 1983
7:00 P.M.
Chairman Cook, Members Wendt, Wagner, Upham and Alternate Member Meyer;
(Alternate Member McGuirk in audience)
MacG i l vray
Zoning Official Kee, Ass't Zoning Official Dupies & Planning Tech-
nician Volk
Chairma n Coo k opened the public hearing and stated the duties and obligations of this
Boa rd.
AGENDA ITEM NO. l: Approval of Minutes -meeting of July 19, 1983
Mr. Wagner made a motion to approve the minutes and Mr. Wendt seconded. Motion carried
4-0-l (M eye r absta in ed). ~-
AGENDA ITEM NO. 2: Consideration of a vari a nc e re uest to the r ea r setback as required
by District Use Schedule Table A of Ordinanc e 50 o n all lots in the Ashford Square
Subdivision located on the south side of Southwes t Par kway immediately south of the
intersection of Cornell & Southwest Parkway. Application is in the name of M.H.B.J.
J oint Venture (Ashford Square PUD).
Mrs. Kee located the subject project on an area map, identified the part icular lots in
quest ion and explained that Ordinance allows ze ro lot line construction on the side, but
does not address rear zero lot line construction.
Wic McKean, 2400 Frost was sworn in and explained that rear and side zero lot line
construction would allow development of front parking throug hout the subdivision. Mr.
Wendt asked about firewalls and Mr. McKea~ explained that tilt-] ine 4 hour firewalls
would be used. Mrs. Cook asked for an exp.lanat i o n of the term "PUD", and Mr. McKean
exp lained that in this insta nce it rE1fers ;' t() a Private Utility District, and that this
en tire subdivision would be deve lop ed on private property. Mrs. Meyer asked how this
wo uld affe ct rear setbacks in Block A which is adjacent to p~operty which is not in
this subdiv isi on. Mr. McKean replied that he does not know, because he does not own
that property, and is only asking for variances on land whic h he does own. Mr. Upham
asked if it is correct to assume that this Board is being asked tonight to address an
omission in the Ordinance and Mrs. Kee said that staff is currently working on an Ordi-
nanc e whic h would address commercial PUD development and that s he assumes that whatever
type of Ordinance the City adopts will address lot lin e construction on various sides.
Mrs. Meyer said that she is still worried abo ut how granting a variance to rear setbacks
in Bloc k A will affect the property owner of the adjacent p roper ties when he is faced
with buildings built on his property lin e. Mrs. Kee rep] ied that she had been contacted
by the owne r of that property who asked if he wo uld also be allowed zero lot 1 ine con-
stru ction if this variance is granted, and that she had informed him that she could not
answer that question because this is a request for a variance at a partic ular location,
and unti l the Ordinance is changed each request must be addressed separately.
Mr. Upham made a motion to authorize a variance to the minimum setback (Table A) note 11 E11
from th e terms of this ordinance as it will not be contrary to th e public interest,
due to the following unique and specia l conditions of the land not normally found in
like distr ict s: (l)This situation is not addressed in the ordinance for commercial
developme nt as it is for residential developme nt, and is considered an omission rather
•
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(
ZB A Mi nu t e s
8-16-83
page 2
than a denial by ordinance, and because a strict enforcement of the prov1s1ons of the
Ordinance would result in unnecessary hardship to this applicant being the inability
to use this property to its maximum feasibility through no fault of his own; and such
that the spirit of this ordinance shall be observed and substantial justice done. Mrs.
Me yer seconded the motion, after which Mr. Wendt asked if the current requirements such
as firewall, landscaping, etc. should be included in the motion, and Mr. Upham agreed
a nd amended his motion to include the statement 11 subject to all current legal require-
ments such as firewalls, landscaping and parking to being met.11 Mr. Wendt seconded
the motion as amended, which carried unanimously (5-0). Staff was then asked to keep
the Board ap~i s ed of any new ordinance which is approved.
AGENDA ITEM NO. 3: Consideration of a variance request to sign height as regulated
by Ordinance No. 1409, an Amendment to the Zoning Ordinance No. 850 at the site location
o f a retail lumber store just north of the intersection of Highway 30 and the East By-
pa ss. Application is in the name of Payless Cashways, lnc./Barry Moore.
Mr s . Ke e presented the request and explained the interim Sign Ordinance which limits
s igns to 35 ft. in height, and stated that this approved site plan meets all setback
r e quir eme nts, etc., for a 50 ft. sign under the old sign ordinance.
Jack Bur ke , 5015 Lamar, Mission, Kansas 0 as "sworn in as a representative of the appl i-
cant a nd ex plained that this site is approximately 20 feet below the major traffic
a rt e r y in this area (Highway 6 East Bypass), and spoke of his understanding that the
int e nt of the interim ordinance as allowing a 35 ft. si g n on major fronting streets
which a r e usually at grade level. He clarifi e d to th e Board that the applicant had been
aw ar e of the interim sign ordinance at th e ti me the pro pose d dev e lopm e nt of this land
had begun, but added that they had considered thi s to be only one probl e m among many,
a nd they were facing one problem at a time.
Ba rry Moore, Kansas City, Missouri was s worn in and id e ntifi e d hims e lf as the project
manager for this project. Mr. Wagner ask e d about the mar keting analysis which had
de termined that the Bypass is the major art e ry for thi s ar ea rather than the Frontage
Road and Mr. Burke explained that from the standpoint of a r e tailer, Highway 6 is the
ma jor artery locally, but from outlying areas, it would d e finitely be Highway 6 East
Bypass.
Mr. Upham stated that he does not know why this land is uniqu e as there is high and low
land e v e rywher e and the company knew thi s land is low land when they agreed to p~rchase
it. Mr. Wendt asked If the elevation of the access road is the elevation of the -origi-
nal prop e rty, and it was determined that no. one knew if the frontage road had been
built up or not.
Mr. Bur ke responded to the unique situation by pointing out that anytime a retailer puts
in a project, there are some obstacles to face, but the City usually does not want to
s top development. He said they were a ware of many problems at the onset of this project,
a nd offered that the interpretation of Ordinanc e would be unique in that its aim was to
have signs a maximum of 35 ft. above a major artery and in this case, the major artery
is high above this land and the ground is far below grad e level of the major artery.
Mr. Upham said that this is not the intent of t he ordinance as it reads. The ordinance
s pecifi e s the height of signs farther than 20 ft. from t he pavement edge to be measured
from th e base of the sign, and not to be measur e d abov e the grade l e vel of the major
artery.
( Jim Jett, 206 Emberglow was sworn in and identifi e d him s elf as the local real estate
agent wh o had dealt with these people a long time ago, and further stated that at the
time t he business transaction began, th e old ordinance was in effect and th e site had
I:
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------1 I
MHBR-[JANW ~CJ
V A!R.SIGN REc;;.
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ANDE RS ON ST
).( CASE NO .
'-------------------------------------
) ( S C A L E , 1", B 0 0' I TEM NO.
TYPE OF CASE: ZBA
]
zm:rnc TIO:\RD OF ADJUSD!ENT FILE ~lO.
Name of Applicant ~~-E_d_w_a_r_d~J~W_a_l_s_h~~~~~~~~~~~~~~~~~~~~~~~~~-
315 University Drive College Station , TX
Phone
Loc a ti on : Lot "J /. '/ot:c}/) Block _/ __ Sub divisio n 80 Yfi17.P
'
Acti on re quest ed: Renew variance on parking requirements
NANE ADDRESS
(From current tax rolls, College Station Tax Assesso r)
zm:ING BO ARD OF :\D.I:.JST ?·lF;\T rr:..s ~:o .
!; I /. I /l . Present zoni~.g of l and in questio n ,_ ~ r-1C r?r-'f'rt t ( ,.,_,.i1 /V/P lt'.•,rJ ;_
The f ollowing spe cific variation from th e o r dinance is requested :
~ewal Qf_y_~.anc:_e on par k i ng rewiireroents
This v a ria nce is n e c essar y due to t he foll owing uniqt!e ancl spec i a l conditi o C1s of
th e land not found in like di s tricts:
No rthg ate
The f ollouing altern2.tives to th e r equested variance are poss i ble :
This varianc e \Jill not be contra ry to the public i n t erest by virtue of the following
f~cr:s: Business does not cause increase in drivers to area .
Th e facts st2.tcc! by r;-,e in this .:tppl ication are :=rt:e <i:1 d corr ec t .
STAFF REPORT
TO : Zon ing Board of Adjustment DATE: October 10, 1983
FROM : Jane R. Kee , Zo ning Official
GENE RAL I NFORMATI ON :
App licant : Edward J . Walsh
Status of Applica nt: owner of business
Location: (ad d ress, lot, block, subdivision) 315 University Drive
Exis ting Zo ning : C-1 General Commercial
Reques ted Ac tion: Renewal of parking variance
Pu r pose : To continue operation of an arcade
App licable Ordinance Section: Section 7 -Parking
SPECIAL INFORMATION :
Varian ce
Exis ting Parking : 1 space on University Drive and 6 d esignated by landlady
Parking required: 7 spaces
ANALYSIS:
Prev iou s Act ion on this Property:
ATTA CHMENTS :
Applica tio n
5-19-81 deni ed
7-21-8 1 conditional one-year variance granted
6-15-82, variance extend for one year
t t i ;-
List o f Property Owners within 200 ft.
Other : Mi nutes of 5-19-8 1, 7 ~2 1-81 and 6-15-82
Map
BK 1, LT 1 A
Boyett
J. E. Loupot
1201 Walton
College Station, Texas 77840
BK 1, 31' of LT 9
BK 1, LT 10 A
BK 1, LT 10 B
Boyett
A. P. Jr. and w. c. Boyett
107 Boyett
College Station, Texas
~K 1, 11.5' of LT 9
Boyett
0. H. Boyett Estate
% L. B. Vance
77840
Horseshoe Bay, Box 7807
Mar ble Falls, Texas 78654
BK 1, Lt 11 B
Boyett
L. B. Lindley
P.O. Box 509
114 E. Washington
Nava sota,Tex as 77868
BK 1, Lt 11 C, 12, 13-A
Boyett
A . P. and N. K. Boyett
107 Boyett
College Station, Texas 77840
BK 1, LT 14 A I SE 8 7 . 4 4 I f ' ; ,
Boyett
Boyett Investment LTD
107 Boyett
College Station, Texa s 77840
BK 1, LT 15,16
Boyett
Annie Seeg er Estate
% Jack Boyett
P.O. Bo x 1424
College Station, Texas 77840
BK 1, LT 17
Boyett
City of College Station
1001 S. Texas Avenue
College Station, Texa s 77840
BK 1, LT 28
BK 1, Lt 18
Boyett
w. c. Boyett Estate
% Gary Boyett
7626 Chattington
Dallas, Texas 75248
BK 1, LT 19,20
Boyett
Presbyterian Church
301 Church Street
College Station , Texas 77840
BK 1, LT 21
BK 1, LT 22
Boyett
Marie L. Boyett Vance
Horseshoe Bay, Box 7807
Marble Falls, Texas 78654
BK 1, LT 23
Boyett
Palomino Enterprises
P .O. Box 436
College Station , Texas 77840
BK 1 , LT 24
Boyett
Paula Jan Boyett
1809 Medina
College Station , Texas 77840
BK 1, Lt 25
Boyett
A . P. Sr. Boyett Estate
107 Bo y,ett
College Station, Texas 77840
BK 1, LT 26
Boyett
Norma Sue Bankston
1103 N. 11th
Temple , Texas 76501
BK 1, .333 of LT 27 A
Boyett
Gary Boyett
7626 Chattington
Dallas , Texas 76501
BK, 1, .333 of LT 27 B
Boyett
Jack Boyett
P.O . Bo x 1424
College Station, Texas 77840
' Page 2 ,~)I,. ,,
J\
BK 1, .333 of Lt 27
Boyett
Bess Reed
702 Cambridge
Richardson, Te xa s 75082
BK 6,7, Lt 14
Boyett
Meil ler Re search Inc.
P.O. Drawer CB
College Station, Texas 77840
TAMU
James B. Bond
310 Systems Bldg.
College Station, Texas 77843-1116
' .
Page 3 Q'\?·"
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MEMBERS PRESENT
MEMBERS ABSENT
SPECIAL VISITOR
STAFF PRESENT
MINUTES
City of College Station
Zoning Board of Adjustment
May 1 9, 1 981
7:00 p.m.
Upham, Burke, ,McGi l vrey and VJagner
Harper, City Council Liaison, Boughton
Mayor, Gary Halter
Zoning Official, Jane Kee; Ass't. Director of Planning,
Jim Callaway; Planning Technician, Joan Keigley.
In the absence of Chairman Harper, Commissioner Burke was selected to chair
the meeting.
May or Halter was introduced and in a brief ceremony, administered the oath of
office to new board member Dan McGilvrey and reappointed member Vi Burke.
Commissioner Burke then proceeded with the regular items on the agenda.
AGENDA ITEM NO. 1 -Approva 1 of minutes of Apri 1 21 , 1981 .
r Upon motion by Commissioner Wagner; second by Commissioner Burke, the minutes
were unanimously approved.
AGENDA ITEM NO. 2 -Consideration of a request for a variance to the off-street
parking requirements for an arcade in the name of Edward J. Walsh, 315 University
Drive, College Station, Texas.
-. .
Ed Walsh, applicant for the variance, addr~ss~d the board and explained he had
been in operation in that location fo~ ten 'ye~rs and still ha~ eight years re-
ma ining on his lease. The retail budget tapes and record shop he previously
operated in the location has been closed. The present inflationary conditions
of the economy make it infeasible to open another retail outlet, but an arcade
with electronic games, not serving food or beverages, is economically advantageous.
A large amount of parking is not anticipated to be required for this type operation
because this business will depend on foot traffic from other businesses in the area.
Jane Kee explained to the board that in 1980 the Planning and Zoning Commission
established the present requirement of one parking space per 15Csquare foot, in-
cluding parking for employees, which causes seven spaces to be required for the
proposed business. This exceeds the present variance approval by one space.
Commissioner Upham asked when Mr. Walsh received the variance to parking he now
has.
Jane Kee replied it was in August, 1979 ·.
Commissioner Wagner asked what the hours of operation of the arcade would be.
Mr. Walsh replied he had not made a definite decision, but ·perhaps it would be
from 9:00 1a.m. to 9:00 p.m., and perhaps later on the weekend.
r
I
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Minutes
Zoning Board of Adjustment May l 9, l 981 Page two ..
Commissioner McGilvrey asked what was the reason for the variance in 1979.
Mr. Walsh replied that the size of the building was increased.
Commissioner McGilvrey asked how persons who purchased alcoholic beverages at
other locations and brought them into the arcade would be handled.
Mr. Walsh replied he was unfamiliar with State law in this area, but whatever
the requirements of the police department are, he would abide by.
Commissioner Wagner asked where present employees parked.
Wherever they are able to find a space, Mr. Walsh stated. He added the infor-
mation that the Cow Hop had recently relocated two dumpsters which created an
additional two parking spaces behind his building.
Commissioner Upham called the board's attention to the fact that a smaller
business down the street was turned down for a similar request.
Mr. Walsh thought the denial might have been based on the fact that the business
would draw students into an area they had not been going to before since the
location was two streets down from his location.
Commissioner Burke stated it was denied based on the increased parking require-
ments in an already conjested area.
Mr. Walsh asked the board to consider the number of years he had been in business
in the area and also his remaining eight year lease and that he is not proposing
a retail business which he feels would increase automobile to a greater extent
than the business proposed.
Commissioner McGilvrey asked what alternatives Mr. Walsh might have if this
variance is not approved.
Mr. Walsh replied he has no alternatives. ,, ..
;
Commissioner Burke assured Mr. Walsh the board understands the problems of the
businesses in the Northgate area, but the board must concern 1tself primarily _
with a problem that exists and is in conflict wi~h the best interests of the
community in that area.
Commissioner Wagner asked wha t the changes in parking requirements might be
if 150 square feet of space in the rear of the building were partitioned off.
Mr. Walsh stated there was that much space already partitioned off now as office
space and for restroom facilities.
Mr. Callaway reminded the board there would be a parking requirement for office
use and stated he could not recall exactly what it would be. He further stated
the board might consider the affect of space so partitioned if it were not used.
Commissioner Wagner asked if staff felt ' the actions of the board had contributed
materially through the past years to better the traffic conditions in the North-
gate area.
Mr. Callaway replied there are three groups involved. The business owners, property
owners and the city. There have been changes through the years in types of busi-
nesses in the area, but overall, there has been no appreciable change either
adversely or correctively in the area.
. Minutes
Zoning Board of Adjustment May l 9, l 981 Page three .
Commissioner Burke then presented the following motion for consideration:
It is hereby moved that the request for a variance to the off-street parking
requirements for an arcade, application in the name of Edward J. Walsh at
315 University Drive, College Station, Texas be considered for approval. Second
to the motion was given by Commissioner Wagner and approval was denied by the
following vote.
In favor: Commissioner McGilvrey.
Opposed: Commissioners Burke, Upham and Wagner.
AGENDA ITEM NO. 3 -Consideration of a request for a variance to the side yard
setback requirements for the expansion of A & M Presbyterian Church office, 301
North Church Avenue, College Station, Texas.
Jane Kee exp l ained to the board that the variance to the side set-back could be
granted under Section 11-B.3.(B) of Ordinance 850, which allows the enlargement
of a building devoted to a non-conforming use •1under certain circumstances. If
this variance is granted, this would essentially establish a new side setback for
this lot and any further developments by the Church within these setbacks will
need not come before the board.
Jim Holster, architect representing A & M Presbyterian CAurch described the
proposed new construction to the board stating it is an expansion of the ex-
isting administrative offices of the building. Seating capacity in the sanctuary
is not being expanded.
Commissioner Wagner asked if the fire marshall had checked these plans.
Mr. Callaway replied he had seen the plans, not in a review for this board,
but in a review for the Planning & Zoning Commission and he had not made any
objections.
Commissioner McGilvrey asked tf it wou~d be legal to make the new construction
conform to the present line. t
Commissioner Upham stated if the variance was denied, essentially that would be . ·-
the only alternative. He asked staff if the Church would still need a permit
from the boa rd.
Mr. Callaway answered it would be best for them to resolve it before the board.
Mr. Holster explained the plans had been worked out in the most economical manner
possible. If they tried to go north with the construction it would interfere with
the existing roof line; if they attempted to go south it would interfere with the
windows.
Commissioner Upham stated if it were redesigned for smaller space it could remain
in the present variance. He then asked Jane Kee to read Section ll-B.3(B) of
Ordinance No. 850.
r After discussion, Commissioner Burke formed the following motion for consideration:
It is hereby moved that the variance to the side yard setback requirements for
the expansion of A & M Presbyterian Church office, 301 North Church Avenue, College
Station, Texas be approved with the stipulation that the approval of this variance
does not approve future construction or expansion of this non-conforming use
without approval of this board.
(
Minutes
Zoning Board of Adjustment July 21, 1981 Page 3.
Mr. Spearman expressed his appreciation for the granting of the variance and
stated they had completed many buildings in the College Station area and this
was the first time they had needed to request a variance .
G. Wagner stated the design of the whole project is a credit to the area; if
it had the appearance of some other projects, he would not have been in favor
of the variance.
AGENDA ITEM NO. 4, Consideration of a request for a variance to the off-street
parking requirements to allow the operation of an aroade at 315 University
Drive, College Station, Texas. Application is in the name of Edward J. Walsh.
Ed Walsh, applicant, reminded the board he had been before them at the May
meeting requesting a variance to parking requirements at 315 University
Drive for the purpose of operating an arcade at that location which would
not sell food or beverages, and this request had been denied .
He stated he has a variance to y parking spaces which applied to his retail
business, Budget Tapes and Records, which had been closed ·in March of this
year and has been informed by the Zoning Official that the change of use
and the type of business requires 7 spaces. He stated he has one parking
space in the front of the business and his landlady has designated six parking
spaces on the rear parking lot for his specific use.
He further pointed out he had been in business in that location for ten years
and has a remaining eight years on the existing lease at a sum of $800+ per
month. Costs, due to interest rates, are such that opening a retail business
in the location is impossible, and the retail business would generate greater
traffic than the proposed arcade.
He outlined Charlie's Grocers, University Bookstore and the Bactstage Restaurant
as being the businesses which share the parking area with him. He stated he had
observed Charlie's grocery and it does not have drive-in traffic; the bookstore
closes at 5 :00 p .m. which releases th~ir parking spaces after that time. He
also stated that part of the parking problems in the Northgate area ane caused by
university personnel and students parking in the available spaces .
D. MacGilvray asked if any of the stores could be entered from the rear.
Mr. Walsh stated they all have rear access but it is not used, the doors are
kept locked probably for security reasons.
Mr. Don Ganter, owner of Dixie Chicken, stated the ones who violate the parking
are the students.
Board member Vi Burke entered the meeting at 7:45 p.m.
Chairman Harper offered to bring her up to date and she stated she was familiar
with the case.
Mr . Walsh stated the ordinance requires 7 spaces and he has 7 spaces.
Zoning Official Kee called the attention of the board to Sec . 7 and Section
3.A.2 of the zoning ordinance. Sec. 7 of the ordinance outlines minimum parking
requirements, dimensions and access, off-premises locations, development and
maintenance, surfacing and other requirements for parking.
(
Minutes
Zoning Board of Adjustment July 21, 1981 Page 4.
She explained Sec. 3-A.2. as not allowing ,for designation of parking spaces to
one business when the same spaces are necessary to the support of adjacent busi-
nesses.
D. MacGilvray stated he could not visualize anyone parking at the rear of the
building and walking around to the front.
Mr. Walsh stated they cut through Dixie Chicken or Dudl ey 's .
D. MacGilvray stated it appeared the square footage of each of th ese businesses
is needed in order to determine exactly what the total parking requirements are
in this ,area .
Chairman Harper stated the ordinance is not intended to provide parking on the
basis of present use in the area. An y of the businesses invo lved can change
the u se of their operation, so long as it is allowed by the ordinance wi thin
their zoning classification, and develop a gr~ater need for parking which is
alr eady at variance and shared. •
Mr. Walsh s tated what this comes down to is that the landlord has the right
to d esignate her own parking as she sees fit, and she has ma d e this desig nation
of 6 spaces for his b e n ef it .
Chairman Harper stated the landlord does have that rig ht, however, petitioners
make a presentation with as many factors in their favor as possible, just as
this board must review the case based on the negative side and what is the
intent of the ordinance .
D. MacGilvray asked the parking requirements for the Bac ks ta ge Restaurant.
Zo nin g Official Kee stated it is 14 spaces; Charlie 's Groc ery is 8 plus em-
ployee parking and the bookstore is & plus· employee parking.
Mr. Walsh insert ed that Charlie's is \open ~~t ,~l 9: 00 or 10: 00 p. m. and does
not have drive-in traffic and the bookstore closes at 5:00 p .m. He further
pointed out the designation has only been made to him; the others have not
been to the board for a change in operation.
Chairman Harper r e plied that whether the others use the p ark ing or not, the
requir ements of the ordinance are not changed.
Mr. Walsh s tat ed the point is the par k ing is not used b y others, and he has
8 years to g o on his lease and he is stuck with that.
Mr. Ganter s t a t ed that h e and two other business operators in the northga te
a r e a have leased a parking lot.
on duty to make certa in that no
a llowed to park there.
They plan sometime this year to have a person
one other than customers of the businesses is
Mr. Walsh stated he would be willing to do the same thing for the 6 spaces
designated for his use. He stated he would be happy to have the cars towed
away.
-
Minutes
Zoning Bo ard of Adjustment July 21, 198 1 Page 5.
Vi Burke stated this problem in Northgate is a 'COribiriuing one . The board
has heard the same justifications over and over. Each time a variance is
granted, the problem is compounded that much more .
P . Boughton informed the board that City Council had knocked off a large
bond issue because the City was unable to get the cooperation of businesses
in that area .
G. Wagner suggested one solution might be for the business operators in that
area to petition the City Council to develop and approve an Ordinance which speci-
fically addresses the problems in Northgate and provides a different set of
requirements for that area.
V. Burk stated perhaps it was time for the board to deny variance requests
until suc-h time the business operators forced the property owners and landlords
to meet with the City and begin to seek solutions to the problem
Mr . Walsh stated if that was going to be the position the board assumed, it
should begin with new business operators_ in. the area, not with those who
have had their business there for many years.
V. Burk stated there are disasters which occur throughout the nation; fires,
floods and collapsed buildings. No one ever reacts until there is a disaster
and then every one is in error. She stated there is definitely a safety hazard
because of the automobile traffic and pedestrian traffic in that area. It
appears the problem will never be addressed until a disaster occurs.
She asked Mr. Walsh, "where for instance is your landlord?" She stated that
the operators of the businesses are always here, and there is no solution or
relief for their problems, but the owners of the property never appear nor offer
any assistance in developing a solution to the problem. She remarked that the
ZBA has the right of subpoena and suggested perhaps this is the time for that
process to begin.
Mr . Walsh replied the board could tak~ that action, but in .any event he, the
operator, would be the looser. If his variance is not granted, he will_be -forced
into bankruptcy and he still is stuck with a lease in excess of $800+ per month.:,·
V. Burke stated he would not have to pay the lease if he filed bankruptcy and she
also · stated she strongly felt if the parking to support a business operation can-
not be provided by the property owners 1to the tenants as required by the zoi;ring ,
ordinance, without variance, the lease surely can be broken .
Chairman Harper formed the following motion which was given second by D . MacGilvray.
Move to authorize a variance based on the off-street parking provided by the
owner of the building in the adjacent parking lot (6 spaces) and including one
on-site space; the 6 designated parking spaces will be for the sole use of the
business at 315 University and the operator of the business will control the
parking to make certain it is for his use; this variance is authorized specifically
for the use of an arcade business, noe selling food or beverages; said parking
lot to be brought up to the standards and requirements of Ordinance 850 for
parking lots.
Vote -motion failed.
For : MacGilvray
Against : Harper, Wagner, Burke and Boughton .
!
Minutes
Zoning Board of Adjustment July 21, 1981 Page 6.
Chairman Ha rper then formed the following motion which was given second by
G. Wagner.
Move to authorize a variance based on the off-street parking provided by
the owner of the building in the adjacent parking lot (6 spaces) and including
one on-site space; the 6 designated parking spaces will be fo r the sole use
of an arcade operation at 315 University Drive, not selling food and beverages ;
said par king lot to be brought up to the standards and requirements of Ordinance
850 for parking lots; the owner of the property to submit to the Zoning Board
of Adjustment a plan for the parking lot which is in compliance with Ordinance
850 and showing how many businesses can be served by the lot and further, the
variance is authorized for a period of one (1) year from this date and becomes
open for review by this board for parking requirement comp liance.
Jane Kee pointed out this could place Mr. Walsh into the position of having
ma de a mo netary investment which could become a considerable loss if the variance
is not extended after the one year period.
r
After a brief discussion, Chairman Harper called fo r th e question and the
motion was approved by the unanimous vote of th e board.
APPROVED:
Chairman
ATTEST:
Secretary
. '.
r ..
I
Minutes -ZBA
June 15, 1982
page 3
additional problems in the Northgate area, but rather would be meeting all park-
ing requirements and more than meeting the landscaping requirements. The only varianc
they were requesting was to the minimum rear setback. Mr. Upham asked if there
were any plans formulated for controlling ingress and egress (whether consideration
had been given to making one curb cut an entrance only and one an exit only with
a right hand turn). Mr. Ort indicated this problem had not been anticipated so it
had not been addressed. Mr. Mayo indicated that staff recommends approval of this
variance because staff believes he has wo rked out the site as best as can be done.
Mr. Mayo indicated that a NO LEFT TURN sign would not be enforceable and that
3 out of 4 people probably would comply, but the rest would ignore it. Mrs. Cook
asked how the company p lanned to patrol parking on site, and Mr. Ort said the
company would patrol and control it, and would even put up towing signs and contract
with a towing company to handl e unauthorized cars. Mr. Lindsay asked if the company
would hav e an "Off Premises" license to which Mr. Ort replied in the affirmative,
and that in the future the company might be forced to get an "On Premises'' 1 icense
if the "Off Pr emises" 1 i cense were violated too often.
Mrs. Don ahue the n made a motion to authorize a variance to the minimum rear set-
back (Table A) from the terms of this ordinance as it will not be contrary to the
public int erest and with the provisions Fhat it have a 4 hour fire wall and that
a contract w ith a towing company be made. Mr. Upham seconded the motion. Motion
carried with Wagner, Cook, Donahue and Upham voting in favor and Lindsay votin s
against .
AGENDA ITE M NO. 4: Recons id eratio n of a Variance Request to Table A -Ordinanc e
850 -Minimum se tbac k requirements for a commercial project at 700 University
Dr i ve in the name of Mack Randolph.
J. W. Wood was sworn in and identified himself as a representative of the applicant,
Mack Randolph. He gave the history of the site, and indicated that 2 surveys had
been made on this site; one showing an encroachment wh ich is noted on the Board's
copies of the s ite p lan, and one which did not indicate an encroachment existed.
He furthe r indicated that the site plan had already been approv ed by the P&Z
Commission if the variance is approv~d. , Mr. Upham made a motion to authorize a
variance to the minimum setback (Tabl~, A) from the terms of this ordinance as it
will not be contrary to the pubJiic inter ~st. Mr. Lindsay seconded the motion.
Motion ca r ried unanimously.
AGENDA ITEM NO. 5: Consideration of a Variance Request to Table A -Ordinance
850 -Minimum Rear Setback Requirements for a carport at Lot 20, Block C Lincoln
Pl a ce Subdivision (714 A-B Vassar Court) in the name of Robert H. Hensarl ing.
There was no one present to represent the applicant. Mrs. Kee gave the background
of the request for a variance, and indicated that the applicant had also applied
for an abandonment of a utility easement on which his existing carport is located.
Mr. Upham made a motion to table this agenda item because there was no one present
to repres ent the applicant and also because the variance would not be necessary if
the abandon ment of the utility easement were not approved. Mr. Wagner seconded the
motion to table th e item. Motion carried unanimousl y .
AGENDA ITE M NO. 6: Reconsideration of Condition al Variance Approved 7-21-81 for
an Arcade at 315 University in thi name of Mike Walsh.
Mike Walsh was sworn in and identified himself as the applicant for the variance,
then gave a brief history covering the past year. He said that he had complied
with the restrictions on the variance requested in July of 1981 except that he had
not brought his parking l ot u~ to standards during that time. He reminded the
Board that he had appeared before them a few months ago and asked if he could wait
-
Minutes -LllA
June 15, 1982
page 4
until the end of hi s conditional variance period to upgrade the parking lot. The
Board had allowe d him to wait. He indicated tha t he had made arrangements with a
contractor to do that during the month of August 19 82 but that he could not provide
add iti o nal park ing and stay within the city-codes for parking s pace sizes. He did
a survey which indicated that the majority of the patrons of his business are wa l k -
ins , (6 0%), and that he allows no drinking or smoking in the building, as well as
no loiter ing in front or back of the business. He furt her stated that the loiter-
ing situation in the neighborhood had changed since a fen c e that people had been
sitting on had been removed. He stated that h is request for a va r iance was for
the duration of his leas e which is 7 more years.
Mr. Upham made a motion to authorize a conditional varianc e to the parking require-
me nts (Section 7) from the terms of this ordinance as it will not be contrary to
the pub lic interest with the conditions that a ll capital improvements be completed
by 9 -15-82; and the variance w ill cover th e time period from Jul y 1982 to July 1983.
If the capital improv eme nts are not completed upon inspection on 9-15-82, this
variance request will be null and void. Mr. Lindsay seconded the motio n. Motion
carri ed with Lindsay, Cook, Upham and Donahue voting in favor and Wagner voting
against.
A prog ress report was requested from Mr. 'Walsh on or at the mee ting nearest to
9 -15-82 .
AG ENDA ITE M NO . 7 & 8: Other Business and Adjourn.
Mrs. Cook indicated that she wo ul d be meeting with Al Mayo at 10:30 a .m. this
Thursda y (6-17-82) to he lp determine what should be done and who should be
included in a formal me eting to give guidelin es conc e rning steps toward solving
the p roblems in the Northgate ar e a. Sh e indicated to Mr. Wag ner that if property
owners d i d not show up when invited to participate at these meet in g s that she would
not hes it ate to use the Board's po wer to subpoena them. Mrs. Donahue requested
from Mr. Mayo a copy of the plan which the staff had co mpleted wh ich would offer
th e most reasonable solution to the problem.
Mr. Lindsay made a mot ion to adjourn ~· Mt. Wagner seconded the mo tion. Motion
carried unanimously. -•·
APPROVED:
%~
Vi( Coo k, Chair man
ATTEST:
< •
(~. _IT_E_M_N_O_. ____ )( CA s E NO. ) ( SCALE' 1",200' ]
TYPE OF CASE: ZBA
zo~n:c IlO :\RD OF ADJUST~lENT FILE NO .
Name of Applican t Lone Star Yogurt Company
Mailing Address 8526 Vedor, P.O. Box 32908, San Antonio, TX 78216
~~~~~~~~~~~~~~~-'-~~~~~__:.~~~~~~~~~~~~
Ph one (local) 696-5308 2 ~-l~· qSt~la
Loc atio n : Lot 8-9 Block 2 Subdivision Boyett
De scription, If applicab l e ~~_4_1_1~U_n_i_v_e _r _s _i _ty"'-_D _r_i_v_e~~~~~~~~~~~~~~~~~
Action re quested : Renewal of Conditional Vari ance
NA~IB ADDR[SS
(From current t ax roll s , College Sta ti o n Tax Assesso r)
f t ~ .-
zm:rnc EO.\.'.\..D OF ,\ _;usT:·!FN T fJLE NO .
Sectio n of occir.ance from ~hich variance is so u~~t
The foll o ~ing sp e cific vari ation from the or dinance is regu E'.S ted :
/ ( 6 e e_, a -t±a.cl e d-
This varic.nc~ is necessary due to the followi~g un:!.C!l!e ancl spec i al con ditions of
the land not found in °like districts : r
Th e follouing a l terna tives to the requ es ted var:!.arice are possible;
• f I
This variance will not be contra ry to the public interest by virtue of the followin g
f~cr:s :
STAFF REPORT
TO: Zoning Board of Adjustment DATE: October 10, 1983
FR OM: Jane R . Kee, Zo ning Official
GENERA L I NF ORMATIO N:
Applicant : Florence Guido DiBrito
Status of A?p licant: owner of business
Location: (addr ess , lot, bloc k , subdivision) Lots 8-9 Block 2, Boyett
411 University Drive
Ex isting Zo ning : C-1 General Commercial
Re quested Action: Renewal of parking variance to allow no more than 30 seats requiring
10 park ing spaces
Purpose: To continue op era tion of business --Yog urt Pump
App licabl e Ordinance Section: Section 7 -Par king
SPECIAL I NF ORMATIO N:
Va rianc e
Parking Required: Variance previously g rant ed on 7/20/82 for 10 spaces
ANA LYSI S:
.Previous Ac tion on this Property:
ATTACHMENTS:
Application
List o f Property Owners within 200 ft.
Other: Minutes of 7/20/82 and 7/19 /83
7-20-82 c onditional on e year variance grant e d
7-19-83 tabled until direction received f rom
Council and moratorium ends
Letters from Mrs. Guido DiBrito and E.S. Camp
Map
BOYETT
BK 1, LT lA, 2A
Loupot, J.E.
1201 Walton
College Station, TX 77840
BK 1, LT lB, 2B
George H . Boyett
107 Boyett
College Station, TX 77840
BK 1, LT 3,4,5
Mitchell, A. Estate
% H . Mitchell
107 Pershing
College Station, TX 77840
BK 1, LT 6
Martin , Helen S.
P.O . Box 2
College Station, TX 77841
BK 1, LT 7,21,22
Boyett, O.H . Estate
% L.B. Vance
Horseshoe Bay Box 7807
Marble Falls, TX 78654
BK l, LT 20
Presbyterian Church
301 Church Ave. N.
College Station, TX 77840
BK l, LT 23
Palomino Enterprises
P.O. Box 436
College Station, TX 77840
BK 2, LT 1,2,3, pt 4
Shelton, Fred B. Jr.
% Shelton Studios Inc.
3107 N. Haskell Ave.
Dallas, TX 75204
BK .2, LT pt of 4, 5
Sorrels, Hornak & Horna k
7919 Braesmeadow
Houston, TX 77071
BK 2, LT pt 5
Halick, Johnnie W.
308 Tee Dr.
Bryan, TX 77801
BK 2, LT 6,7
Lauterstein, J.B.
% Glenda Alter
153 Rilla Vista Dr.
San Antonio, TX 78216
BK 2, LT 10, 11
A&M Methodist Church
417 University Dr.
College Station, TX 77840
BK 2, LT 12 & BK 3, LT l
First Baptist Church
200 College Main
College Station, TX 77840
'../ J ,j)p
City o f College Station
POST OFFICE BOX 9960 11 0 1 T EXAS AVENUE
C OLLEGE S T ATION, T EXAS 7 7840-2499
July 13, 1983
MEMORANDUM
TO:
FROM:
SUBJECT:
Zoning Board of Adjustment ~~
Jane R. Kee, Zoning Off icia~
The Yogurt Pump request for renewal of variance
On July 20, 1982 the Board granted a conditional one year parking variance
for 10 spaces to 411 University Drive, At that time the applicant was Centex
Subway. The applicant decided not to ut"l ize the variance and based on advice
from the City Attorney (see attached memorandum dated Nov. 12, 1982) the staff
allowed the Yogurt Pump to utll ize the condition a l variance. ·As of July 20,
1983, the Yogurt Pump will no longer hav e a variance and ls coming before the
Board to request one.
Attached to the appl !cation are minutes from last year's meetings when this
item was considered. Also Included are t wo letters, one from the Yogurt Pu mp
and one from the landlord, Mrs. Camp.
sjv
/
I' I City of College Station
POST OFFICE BOX 9960 11 0 1 TEXAS AVENU E
COLLEGE STATION, T EXAS 77840
November 12, 1982
MEMORANDUM
TO:
FROM:
SUBJECT:
Lowell F. Denton, City Attorney /
Jane R. Kee, Zoning Officia).Q .. Z,/
, I I
Variances (J /
In July the ZBA granted a conditional one-'year variance to Centex
Sub way Sandwich Shop to locate at 411 University Drive. The variance
requested and granted was for ten (10) parking spaces. Mr. Camp owns
the building and has recently been informed by Mr. Callihan (the .
applicant for Centex) that the Subway will not be locating in Northgate.
Mr. Camp asked the staff if the variance granted was to the applicant or
to the building. The decision is that the variance, with any and all
conditions, applies to the building for the use proposed (in this case
a restaurant). Therefore, another individual with a restaurant requiring
ten (10) parking spaces coulg occupy the building until the conditional
one year is ended . ·
Please give this your careful thought and consideration and review th~
staff 1 s decision. Thank you.
.._.,, !.··'"'.
)
)
)
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
AGENDA ITEM NO. l:
MINUTES
City of College Station, Texas
Zoning Board of Adjustments
July 20, 1982
7:00 P.M.
Board Chairman Cook, Members MacGilvray, Upham,
Donahue and Council Liaison Boughton
G. Wagner and Alternate Member Lindsey
Zoning Official Kee, Zon ing Inspector Keigley, Planning
Technician Volk and City Attorney Denton for a portion of the
meeting.
Approval of Minutes from June 15, 1982
Mr. Upham made a motion to approve the minu tes; Mrs. Donahue seconded; motion carried
unanimously.
AGENDA ITEM NO. 2: Reconsideration bf a Variance Request to Section 8 -Ordinance
850 -Parking Requirements for a sandwich shop at 411 University Drive in the name of
Centex Subway, Inc.
Mrs. Donahue made a motion to remove this agenda item from the table; Mr. Upham se-
conded. Motion carried, and Chairman Cook explained that she had me t with Mr. Mayo,
the Director of Planning who is now in the process of getting together informat ion
concerning Northgate and will make a presentation of this material to the Board as a
group at a lat er date .
Phil Callahan was then sworn in and identified himself as the applicant of the Variance
request wh ich had been tabled for 2 months i,n a row, and requested that some kind of
decision be made tonight so he c01Jld go ahead with his plans. He reiterated that his
proposed business would not, in his i esti~~ti~n, add to the parking problem in Nor th-
gate, as most of his busin ess would be carryout and fast service, and no one woul d be
parking very long for the service he wou ld be prov iding. He also said that _his employees
would be parking in the parking lot directly behind his proposed site which belongs
to the Camps, who own his building and ~he boo~store adjacent, and also that in the
evening there is very 1 ittle parking problem in this area. Mr. Upham agreed with him;
then Mr. MacGilvray asked if the building is prese ntly empty to which he was answered
in the affirmative. Mr. Upham then referred to the memo dated July 12th from Jane Kee
concerning action the Board has taken on various parking variance requests in the past
for the Northgate area, and then summarized by say ing that the Board has denied most
of the requests, to which Mr. MacGilvray disagreed saying that it was his opinion that
the Board has mostly approved the r equests . Mr. Boughton pointed out that in one in-
stance of approval, the business never did mat e rialize. Mrs. Donahue then made a
motion to authorized a variance to the parking requirements (Section 7) from the terms
of this ordinance as it will not be contrary to the public interest, due to the fol-
lowing unique and special conditions of the land not normally found in 1 ike districts:
(l)This w ill not be~ regular restaurant, and because a strict enforcement of the
provisions of th e Ordinance would result in unn e cessary hardship, and such that the
spirit of this Ordinance shall be observed and substantial justice done and with the
fol lowing special conditions: (l)This variance is to be reviewed in one year. Mr.
MacGilvray seconded the motion, then asked about the review in one year, and it was
exp lain ed that this variance will lapse if it is not presented to the Board for review
within one year.
)
)
)
ZBA -July 20, 1982
page 2
Mrs. Martha Camp was sworn in, and wa s asked how many parking spaces were required
for the operation of their bookstore, and she did not know, so her husband, Ernest
Ca mp was also sworn in, but he too did not know, so was asked how many square feet
we re in their store and they said 4650 square feet, and 18-20 employees, some of whom
were part time. Mr. MacGilvray calculated a quick figure of 20 spaces required.
Mr. Camp was asked if he was in a position to al low 10 spaces for Mr. Cal lahan 1 s busi-
ness, but Mr. Camp replied that he really did not know if he could spare 10 spaces or
not. Mr. MacGilvray explained that this City and Board are operating under an Ordinance
which has been drawn up for larger malls with parking spaces and lots, and that there
is no way to ever enforce parking in the Northgate area, and that no one can really
operate under that Ordinanc e in that area. He further stated that this Board is a
reviewing authority for the Ordinance, and it is his opinion that the City must either
change the law or take the responsibility for the situation.
Mr. Callahan then said that he was not intereste d in a variance with a required re-
view in one year. Chairman Cook called for a vote, and the motion carried 4-l with
Chairman Coo k voting against the variance.
AGENDA ITEM NO. 3: Consideration of a Request for a Varianc e to Tab le A -
Ordinance 850 -Min imu m Rear Setback Requirements at 2800 Ma nas sas in College Station
in the nam e of Sherman Click dba Click and Brown Homes , Inc.
Sherman Clic k, 1020 Holt, was sworn in and exp lain ed that he had made a mistake in the
design of the house due to the odd configuration of the lot, and there seemed to be
no way to put the structure on the lot and save the trees, so they changed the plan
and salvaged the trees. The plan which had been approved was changed after approval,
but he was trying to stay out of the utility easement, and forgot about the 25 ft. set-
back r equ ir ement, and found out now that a portion of the garage slab is in the set-
back area. (He then passed around photos of the slab and building plot.) He said if
he had to move the structure, he would leave the slab which had been poured and add on
to it, and it was his opinion that this would l ea ve an unsightly slab area which was
not usable for a patio due to the location, and would probab ly just be used for an
open sto rage area. Jane Kee stated that an adjacent property owner had filed a com-
plaint about the location of the slab. She expla ined that the staff was opposed to
granting this variance because builders m,ust, get approval before changes to an approved
plan are made and Mr. Cl ickcertified that _ he complies wit h laws and is familiar with
regulations when he signs an application f or: a building permit; further, he is a vet-
eran builder in this area. Mr . Upham indicated t hat he was bothered about a builder
that has sworn under oath that he was unaware of setback requirements and signed his
name on an application for a building permit indicating he was aware of all require-
ments. He said that the City has had problems with builders in the past who had made
omissions and erro rs and it puts the Board in the position of being a judiciary body
and it is not in the Board's power to legalize errors. Mrs. Coo k stated that it is
the responsibility of the City to enforce ordinances and laws, and it is the responsi-
bility of those desiring to do business here to be aware of those laws and abide by
them, and certainly if someone signs something, they should be aware of what they sign.
Mr. Click said they had built 23 homes in this area and this is the first time an
inspection involved a rear setback; all others involved side or front · setbacks whi~h
they have complied with. He said they had made a mistake and it would not happen
again. He further stated that he believed there were too ma ny departments involved
when filing for a building permit. Mr. MacGi lvray asked Mrs. Kee how builders have
been informed of the requirements, and she explained that l e tters had been sent out to
every member of the Home Builders' As~ociation and all bonded contractors in this area
in wh ich the zoning insp ection process was exp lain ed. She further stated that in her
opinion, other enforcement e f fortswill be hampered if this variance is granted. Mr.
MacGilvray said that perhaps a statement . should be added to the application for the
building permit stating that any changes to the approved site plan must be approved
by the Planning Department.
MINUTES
CITY OF COLLEGE STATION, TEXAS
Zoning Board of Adjustment
July 19, 1983
7:00 P.M.
MEMBERS PRESENT: Chairman Cook, Members Wendt, Wagner, MacGilvray & Upham
MEMBERS ABSENT: Alternates McGuirk & Meyer
STAFF PRESENT: Zoning Official Kee, Ass't Zoning Official Dupies & Planning Technician Vol
Chairman Cook opened the public hearing and stated the duties and obligations of this Board.
AGENDA ITEM NO. 1: Approval of Minutes -meeting of June 21, 1983 and of the Minutes of
Agenda Item #7 of the meeting of May 17, 1983.
Hr. MacGllvray made a motion to approve the mln~tes of the June 21st meeting with Mr.
Upham seconding. Motion carried unanimously (5TO).
Mr. Upham then made a motion to approve the modified minutes of agenda item #7 of the
meeting of May 17th with Mr. MacGilvray seconding. Motion carried unanimously (5-0).
AGENDA ITE M NO. 2: Consideration of a request for renewal of a conditional parking
variance at 411 University Drive. Application is in the name of Lon e Star Yogurt Company
and is for the business operating under the name of The Yogurt Pump at the above address.
Chairman Cook asked to be excused from the Board, but Mr. Upham explained that it would
not be necessary to be excused because this particular request cannot be considered at
this time due to the moratorium which the City Council set down last fall concerning
variances in Northgate, and he further explained that the Board has been instructed to
kee p the status quo in that area until the moratorium is 1 ifted, therefore, it is his
opinion that the variance which was granted last July will stay in effect until after
the moratorium ls 1 ifted. Mr. Upham then made a motion to table this agenda item until
the moratorium is lifted to be brought o f f ~h~ table at the regular meeting in September,
1983. Mr. MacGllvray seconded the motion. Chair asked the applicant if he wanted to
speak, but he did not. Mr. Wagner asked for a review of what happened at ·the · September
meeting In 1982 with the City Council and Mr. Upham explained that he believed that 'the
Northgate Committee was directed to study the -problems in the area and at the end of the
o year period City Council would give direction to staff and the Board after a thorough
review of the Committee's findings. Motion to table this item until the September meeting
was carried unanimously (5-0).
AGENDA ITEM NO. 3: Consideration of a request for variance to the m1n1mum lot width
as required by Ordinance 850 Table A. Application is in the name of Joseph L. Mashburn
and is for the property at 401 Highland.
Mrs. Kee presented the request and read Section 6-D of the Ordinance to the Board. She
then referred to the site plan included in the packets which shows that the lot is more
than large enough to be divided into two lots, but due to the location of the older,
existing structure, another structure canJlot be built and have the necessary 50 ft. lot
width, but would lack approximately 1 .25 ft. of meeting requirements. Mr. Upham spoke of
the word ''unique'', referred to the width of many lots in older sections of the City as
being less than 50 ft, in width and referred to the existing adjacent alley, which is
July 1, 1983
Ms. Jane R. Kee
Zoning Official
Zoning Board of Adjustment
City of College Station
P.O. Box 9960
College Station, Texas 77840-2499
Dear Ms. Kee:
This is in regard to the Conditional Variance for the Lone Star Yogurt
Company (formerly the Yogurt Pump) ~t ~11 University Drive which
expires July 20, 1983. At this time, we would like to request renewal
of this variance.
We believe that an overwhelming majority of our customers come into our
store because they are walking down University Drive or drive to the
Northgate area to patronize area merchants. Since summer session began
at Te xas A&M University and the dormitories at the north end of campus
have closed, our business has dropped by two-thirds. We believe this to
be an indication of the percentage of business that walks across the
street into our store.
Enclosed is the informa t ion you requested. If I can be of further
assistance, please do not hesitate to contact me at 696-5308 or 846-4566.
I will be representing the store owner, Mr. Brazos Guido, at the
July 19 meeting of the Zoning Board of ·Adjustment. Could you please
notify me of the time and place of this meeting ?
;";~ ~C~iM
'Ffdrence Guido-biBrito
· Manager, Lone Star Yogurt Company
"A T THE NORTH GATE"
.l09 C.,'-.1\ i:RS !TY ORI V !:: • POST OFFICE DRAWER CT • TELEPHONE (713) 846 -4818
COLLEGE STATION, TEXAS 7784 0
June 30, 1983
Mrs. Vi Burke Cooke
Chairperson, Zoning Board of Adjustment
City of College Station
College Station, Texas 77840 ~
Dear Mrs. Cooke:
This letter will reach you attached to a zoning variance request
submitted by Lone Star Yogurt located at 411 University Drive.
Their request is for a renewal of the one-year parking variance
under which they are currently operating.
As landlord to and business neighbor of Lone Star Yogurt, I have
monitored their parking needs very closely during the past year.
It appears that they have in no way aggravated the North Gate
parking problem. A great deal of their customers walk across
University Drive from the dormitories .located on the north side
of the campus. Also, sin-ce thefr product is an impulse item,
most of their customers who arri~ed ai'N6rth Gate by automobile
came to visit another business.
I believe a permanent variance should be issued in light of
the past year's performance by Lone ·star Yogurt.
Sincerely,
~A! rf--7 E. S. Camp
(....__· IT_E_M_N_O_. __ )( CA SE NO. ) ( SCALE: 1":600' )
TYPE OF CASE:
Renewal ·of Conditional Variance
I .,
•,
Z00:IN'G TIO:\RD OF ADJUST~1ENT FILE NO.
FRED L NABORS
8607 Topaz Ct , Colleg e Station , Tx , 77 840
Pho n e _____ 6_9_6_-_7_5_0_2 ___ _
Loc a t ion : Lot 7 Block 2 Sub division Boy~t t
Desc r iption , If app licabl e Existing buil ding, f ire damaged
_, ----·-------------------
.-,
Varianc e to parking
Action r equested : Variance to setbac k requirements
NAME ADDRE SS
(From c u r rent tax rol ls , College Sta tion Tax Assess or)
At t ached
. ~-t
zm:rnG EOA .. R.D OF ,\D.I~ST?·!ENT FILE ~;o .
C -1 Ge neral Commercial
Sect . 7. Parking
Sec t ion of c c di~ance f r om ~hich varian c e is so ~~~t Table A Di strict Use Schedule
•
F -25
R -15
The follo:.;ing specific v 2.r ia ti on f r om th e ordinance is requested : Re lief from req_u i rement
for eight parking spac es and relief from 25' front setback and 15 ' back setback,, am.ct
(Side is protec ted by firewall) s,J e st-.-a+ -7d6 .Jr 'I' '" -!';. ., ~
aA d "'''":mom .0,t d:me a ,,,·04.ef J>Y .
This variance i s necessary due t o t he f o l l owing
t he land not found in like districts :
and special c on ditions of
Existing struc ture occupies entire lot . Front and back setbac ks would take up
most of the lot , and remainder would not be large enoug h for bicycle shop. Lot size is
insufficient for both requ ired parking spaces and bicycle sh o p .
The follo,1ing alterna tives t o the r eq u es t ed variance are pos s ible : 1 . Do nothing .
2, Ask Council to modify zoning rules i n the immediate vicinity to comply with actual
conditions t hat now prevail.
Th i s v a r ianc e wi ll n o t be co n tra ry to the .public i n t erest by virtu e of th e foll ow ing
f ~ct:s : Th .e b icyc le sh o p prop o sed wil J prov ide a needed servic e (Sales & Repairs) for
local res i d ents . Ma ny c ustomer s are dependent up on bicycles f or transportation a nd
need a sh o p within walking distance of dormat ories and apartme nts .
Th~ facts stated by me in this appli ca tion are :rce a~d corr ec t .
Sept . 7 , 198 3
Jbte
..
..
STAFF REPORT
TO: Zoning Board of Adjustment DATE: October 10, 1983
FROM: Jane R . Kee, Zoning Official
GENERAL INFORMATION:
Applicant: Fred Nabors
Status of Applicant: Proposing to purchase building
Location: (address, lot, block, subdivision) Lot 7 , Block 2 Boyett
108-112 College Main
Existing Zoning: C-1 General Commercial
Requested Ac t ion: Variance to all setbacks, lot dimensions, and parking
Purpose: To reconstruct burned out laun~r y ~and utilize it as a bicy cle shop .
Applicable Ordinance Section: Table A and Section 7
SPECIAL I NF ORMATIO N:
Variance
Setbacks Required: Front 25' side street 15 ' rear 15 '
Ad jacent Structures: Built on side lot line
Parking Required: 8 spaces
'Ex isting Parking: none
Other: Minimum lot dimensions required: 24 X 100
PHYSICAL CHARACTERISTICS:
Lot D imensons : 30 x 70
ANALYSIS:
Alternatives : Tear building down which still results in a lot too small to economically
utilize
Hardship:
ATTACHMENTS:
Application
As the structure has burned more than 60% the only way to do something with
t he property is to legitimize the existing lot and structure . The staff
sees no problem with the parking variance as the laundry which existed before
requires the same parking as a bicy cle shop (1 space/300 SF + 1 /2 employees)
List of Proper ty Owners within 200 ft .
Floo r plan
Area map
Photographs available at meeting
TAMU
James B . Bond
310 Systems Bldg .
College Station, Texas 77843-1116
BK 1, LT lA, 2A
Boyett
Loupot, J. E.
120 1 Walton
College Station, Texas 77840
BK 1, LT lB, 2B
Boyett
George H. Boyett
107 Boyett
College Station, Texas 77 84 0
BK 1 , LT 6
Boyett
Helen S . Martin
P.O. Box 2
College Station, Texas 77841
BK 1, LT 5
BK 1, LT 4
BK 1, LT 3
Boyett
A. Mitche ll Estate
% H. Mitchell
107 Pershing
Coll ege Station, Texas 77840
BK 1, LT 7,8, 11.5' of ~T 9
Boyett •
O.H. Boyett E state
Horseshoe Bay Box 7807
Marble Fa lls, Texa s 78654
BK 1, LT 19,20
Bo yett
Presbyterian Church
301 Church Ave . N .
College Station, Texas 77840
BK 1, LT 21,22
Marie L . Boyett Vance
Horseshoe Bay Box 7807
Marble Falls , Texas 78654
Page 1 of 3
BK 1, LT 23
Boyett
Palomino Enterprises
P.O. Box 436
College Station, Texas 77840
BK 1, LT 24
Boyett
Paula Jan Boyett
1809 Medina
College Station, Texa s 77840
BK 1, LT 25
Boyett
A. P. Boyett Sr., Estate
107 Boyett
Colleg e Station, Texas 77840
BK l, LT 26
BK l, 21. 4 ' of LT 9
Boyett
Norma Sue Bankston
1103 N . 11th
Temple, Texa s 76501
BK l, LT 27 A
Boyett
Gary Boyett
7626 Chattington
Dal la s, Texas 75248
BK 1, LT 27B
Boyett
Jack Boyett
P.O. Box 1424
College Station, Texa s 77840
BK 2, LT 1,2,3,pt 4
Boyett
Fred B. Shelton, Jr.
%S helton Studios Inc.
3107 N . Haskell Ave
Dallas, Texas 75204
BK 2, LT pt 4, 5
Boyett
Hornak & Hornak Sorrels
7919 Braesmeadow
Houston, Texas 77071
Page 2 of 3
BK 2, LT 6,7
J.B. Lauterstein
lter
·San Antonio ,
BK 2, LT 8,9
Boyett
University Book Store
Drawer CT
College Station, Texas 77840
BK 2, LT 10, 11
A and M Methodist Church
417 University Drive
College Station, Texas 77840
BK 2, LT 12
Boyett
First Baptist Church
200 College Main
College Station, Tex as 77840
3 , LT 1, 2 , 3 , 4
Boy t
First B ist Church,
200 College
College Station,
cs
Page 3 of 3
.-
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/
( ITEM NO .. ___ ).( CASE NO. ) [ SCALE' 1",200' )
TYPE OF CASE: ZBA
..
I
zo~rnc IlO:\RD OF ADJUSDlENT FILE NO. ----
Locati on : Lot ___ _ Block ---Sub division ---
Description, If applicable
~------------------------~
Action r equested: U::\J'Y\)1 Ti uvJ AL
CAf P\C l <-ty
NANE ADDRESS
(Fro m curr e nt tax rolls, College Station Tax Assess or)
.:
zo:nNG BOA. .. lli) o:: :\D.r:..:sT ::FNT fJLE l:O .
Pr esent zon::..:-.. g of land in quest ion C -)
~~--'--~-'-~~~~~~~~~-:---~~~~
Section of c :di r.a~ce fro~ ~hich variance is soug~t
~~-r~~~~~~~~~-
T he follo;.;ing specific vc..ria tion from the ordin2'1.Ce is reguE'.S ted: ~ Jjf C/c~!) s ·£
C. l \ T <"") i D E
% ~30
CA-F~
0 !}YA C( 't Y Du (!-/ / IU 5 I Df-ft-,V !)
o t=--rfi-~ koCrlTI c ~ It) c,u.) ?rcff s F;-t,J IL 7J
M-oR~ .-/A\SL~ ~ >,<t>k-vJ(lLl<.
~ 05-L 40 VAF Y ·!>)~? <--;, t1-C \c' ',,
This varianc:= is necessary due to th e following uniqt::= ancl special conditions of thl?; ~=n &cts: s --Sc, l\AAlC_ k ]?8)~<;7Q I AN
' AND 1) \ L_ y L-L£ JQ-A-F-l=-J c__ t\-~ T ~
\?'( < S 71 tJ " :J?f\(2_ \<.. \ kJ 6 ~f__~ \5 k) ~\) ~~ '}-1 Ll.iO.)
(o Ct1rrvA-c1r ti. {)JAt--\l ',.r· TtUrtttc J..5 ~ lfoo/o 16<A>/1UtJ,.
This variance filll not be contrary to the public interest by virtue of the following
f·~ct~: /I Wl'--L AJDT ~6n/I07?.. 7,klJFF/i_ .
Co» 6~S{to;J 14-AJ~ U) ( L-L I Mt'Ro v TL
STAFF REPORT
To : Zoning Board of Adjustment DATE: October 10, 1983
FROM : Jane R . Kee, Zoning Official
GENERAL INFORMATION:
Ap plicant: Al Gutierrez
Status of Ap plicant: owner of Tacos Al Carbon
Location: (address, lot, block, subdivision) 509 University Drive
Existing Zo ning : C-1 General Commercial
Re quested Action: parking variance
Purpose: To provide an additional 30 tables (120 seats)
Applicable Ordinance Section : Section 7 -Parking Requirements
SPECIAL INFORMATION:
Variance
Exis ting Parking: 33 spaces available for 99 seats
Park ing Required: An additional 120 seats requires 40 parking spaces
PHYSICAL CHARACTERISTICS:
Access: University Drive, Stasney, side alley
ANALYSIS :
t I
Alternatives : Not add any additional 'seating 'er explained to Mr. Gutierrez Council's
action on 9/22/83 rega~ding parking variances)
Previous Action on this Property: 8 /16/83 reversed decision of P&Z to allow canopy
ATTACHMENTS :
Application
List of Property Owners within 200 ft .
Map
BK.-.2cr=·~LT 10, 11 . Boyett
BK ~3~,:.:r, T -~pt .--D f-3
A&M Methodist Church
417 University Dr.
College Station, TX 77840
BK 5, LT pt l
Tauber Ted Wyatt ______ ·-
505 University Dr.
College Station, TX 77840
BK 5, LT pt_l __
Tauber
Northgate Pizza Hut Inc.
P.O. Box 3037
Bryan, TX 77801
BK 5, LT pt 3
Tauber
Kathleen Stubblefield
P.O. Box .2740
College Station, TX 77840
BK 6, LT 1 Tauber
Bobby L. Holliday
P.O. Box 4167
Bryan, TX _ 77801
BK 6, -LT .2,3,4,5
Tauber
St. Mary's Catholic Church
103 Nagle N.
College Station, TX 77840
• ·.1 ~ ••• '·"\· .... •• BK 6, LT 6
Tauber ;,. ....
Kelley s. Broach
P.O. Box 3819
Bryan,.TX 77801
BK 1, LT lOA Replat
Tauber
Phillip B. Goode
P.O. Drawer DT
. : . . .
College Station, TX 77840
TAMU
James B. Bond
•/
! .
319 Systems Bldg.
College Station, TX 77843-1116.
.:.
.-
--
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"727 71!5
ID --q .. , .. _::· .
. 711 ... : ·. 711 -. -•
APPEAL OF P&Z DECISION
, .
•
ZJ~ n:c BO:\RD OF ADJUST ~IENT
I
.j..
Phone '"'1 "-;11-·---1
-------~r~~--· ~,-0-..1.--,--:;""'l~c-_-c ..... k 1 ~
Location: Lot '1 "1 2? Block "o.-
Action request e d:
NAME
FILE NO.
Subdivision ----
r,
ADDRESS
(From current tax rolls, .Coll e ge Sta ti on Tax Assessor)
" Qi ·
P . (:. Bo ··· -1 L~ < S : 100 C oJl ~·rye i'.!'.lin, Gol le r (; Stat io ri .
\
i ' i
·1
fl
' "•·
3 rv ~n . T~.,."1 -S '•
-~ ' "' ""'D. • I _.. _i r -... ( . ./'· .. _ • .
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zm:rnc BOARD o:: ,\D .I~ST:·:r:N T
Present zon i~g of land in qu e stion
The f ollo~.;i ng specific v2r i a tion from the ordina:lce i s requested:
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T'JLE NO.
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This variance is ne c essary due to th e followin g
the land not found in like d i s tricts:
uni<Jl!~ 2nd speciil condit ions of , ._,
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Th e follouing alternatives to the requested v2riance are possible :
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This variance will not be contra ry to the public interest by virtue of the following
fac r:s:
The facts st<!tc c! by i;,e in th is .'.lpplication ;ire ::.rce
' / n~ tc
STAFF REPORT
TO: Zoning Board of Adjustment DATE: October 12, 1983
FROM: Jane R. Kee, Zoning Official
GENERAL INFORMATION:
Applicant : Herbert Af f ron
Status of Applicant: owner
Location: (address, lot, block, subdivision) 313 College Main
Existing Zoning: C-1 General Commercial
Requested Action: Variance to front setback
Purpose : Reconstruct burned building to utilize as an arcade Site plan was
approved prior to the fire which destroyed building more than 60 %
Applicable Ordinance Section: Table A -~District Use Schedule
SPECIAL INFORMATION:
Variance
Setbacks Required : Front 25'
Adjacent Structures: Existing church to north, parking lots to south
Utilities : Sewer along rear,water along College Main
PHYSICAL CHARACTERISTICS:
Lot Dimensions : See Site Plan
Access: See Site Plan
ANALYSIS:
Alternatives: Demolish building and build within setbacks
Hardship:
ATTACHMENTS:
Application
Building was destroyed more than 60 % so it cannot be reconstructed as is
without a variance to legitimize the front setback non-conformity.
List of Property Owners within 200 ft.
Map
('-_l_T_E_M_N_O_. __ J( CASE NO. ) ( SC A L E : 1":200' )
TYPE OF CASE: ZBA
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Ashford Square (MHBR Joint Venture)
ZONING BOARD OF ADJUSTMENT
FORMAT FOR NEGATIVE MOTIONS
Variances: From Section 11-B.5
I move to deny a variance to the
yard (6-G) ------
lot width (Table A) ------
l~t depth (Table A) ------
XXXX sign regulations (Section 8) for Wendy's and Brazos Savings, to
ots 1 & 4 Block B that they not be allowed detached signs on-premise
minimum setback (Table A) within this designated area ------
parking requirements (Section 7) ------
from the terms of this ordinance as it will be contrary to the public interest,
due to the lack of unique· and special conditions of the land not normally found
in like districts: . ,..
1. ____________________________________ ~
2. _____________________________________ ~
3·-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4._~~~~~~~~~~~~~~~~~....-~~~~~~~~~~~~~-
and because a strict enforcement of the provisions of the Ordinance would not
result in unnecessary hardship to this applicant, and such that the spirit of
this Ordinance shall be observed /and substantial justice done.
;~_.: ! .
This motion was made by Upham
------------;------~ ded by MacG 11 vray
'.
enied by the following vote: 3-2 (Wendt & Meyer against)
November c acG 11 vray Date
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<~ ..
(
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Ashford Square (MHBR Joint Venture)
ZONING BOARD OF ADJUSTMENT
POSITIVE MOTION
Variances: From Section 11-B.5
I move to authorize a variance to the
xx xx sign regulations (to so much of the request as refers to detached
slgnage to be allowed in designated frontage of Ashford Square,
signs to be of low profile design and restricted · to lots within the
subdivision; that covers all lots including the front lots, too -
the C-1 portion of the subdivision. And further that they be allowed
within the 10 ft. setback , requirements as required by Section 8-D.6
from the terms o ·f this ordinance "-as they wi 11 not be contrary to the
public Interest due to the following unique and special conditions,
they being that this ls a pilot project and that the establishment
of this sign allowance establishes precedence for It and all others
to fol low.
Motion made by Upham.
Seconded by Wendt.
Clarification note: This motion refers to C-1 lots within the
subdivision. There would be allowed one
sign per lot, for a maximum of 11 signs.
AMENDMENT:
. .
Add: "No substi ·tlJ:tion 9n ,Lots ;;2 _j 3 of A; 2, 3, 5, 6 of Band
7 & 8 of D r no detached ·signs. wi 11 be a 11 owed on Lots ~,
2,3,5,6 of Band 7 & 8 of D.11
Amendment motion made by Wendt.
Seconded by Upham
Amendment to motion 'Carried unanimously (5-0).
3
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of A· ,
: " . -
AMENDMENT:
Th
Ch
-Amended to say: "Signs should be of a general character in style
as presented in the picture by the developer to the
Board. I amend the motion to Indicate the type and
style of signs which will be that as presented by the
developer in his testimony before the Board as indicated
on the drawing as presented."
Amendment motion made by Upham.
Seconded by Wendt. "
Amendment to motion carried unanimously (5-0).
d twice carried unanimously (5-0).
Date bla"embe r 1 , 1983