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Home My WebLink About11 ZBA Oct 18 1983 Fred Nabors Pkg & Stbk Var Northgate(. ZBA Minutes 1' 10-18-83 page 14 had been heard which had provided some of the required parking. He went on to suggest that lf this variance is granted, It be for a certain period of time with the stipulation that off-street parking be provided somewhere else for employees, Mr. Upham pointed out that this is a unique district; that each block is uniquely differ- ent with some having available parking and some which do not, and the Board should place conditions and make them consistent on a block-by-block basis, with the applicant attempt- ing to assure that employees will not park permanently on-street. Mr. Wagner asked if the Board can require that the applicant negotiate with the owner of the property to have some spaces designated for this business. Mr. Guido answered that most employees walk to work with perhaps ·1 or 2 driving and only one or two working at a time. Mr. MacGi lvray Invited ·Mrs. Camp forward again and she stated the patrons of this business do use some parking in her lot, and Mr. MacGllvray asked if she would designate 11 X11 number of spaces (number to be negotiated between Mr. Guido & owner) for this business, and she said she would be agreeable to that. Mr. MacGilvray said that since there is some parking for this building, It may ·be like the last case, and a stipulation could be made concerning Improvements as had ·been done In the earlier case -that the surface be brought up to City standards and spaces striped. Mrs. Camp said many much needed spaces would be lost if this was done, Mr. MacGilvray then made a motion to grant an extension of the parking variance for a period of one year from this date for this business. Mr. Wendt seconded the motion which carried unanimously (5-0). Mr. Loupot asked to be heard, came forward and was sworn In. He asked to be allowed to charge a fee to park on his lot, and Mr. MacGilvray pointed out that this is not to be considered tonight, but rather should be considered part of the solution to the problem of the Northgate area, and be Included in the committee report, and suggested that Mr. Loupot should contact the City staff, and perhaps his suggestion could be included in the Implementation Plan which is to be presented to Council on November 22nd. AGENDA ITEM NO. 7: Consideration ~fa request for variances to the setback, parking, and lot dimension requtrements for the reconstruction of the burned structure at lOB-112 College Main in the name of Fred Nabors Mrs. Kee furnished background, stating this structure ·had previously been used as a laundry, but had burned and never ·been reconstructed due to the variances which would be required and the moratorium on variances in the Northgate area set down by Council. Fred Nabors, appl leant was sworn in stating he 1 now has a bicycle shop around the corner from this bulldlng and wished to move It to this location, so he would not be adding any Intensity to traffic or parking problems in the area. He said the dimensi.Gns of the lot do not meet ordlnance requirements, and he would · like to renovate and reconstruct this building, and believes by doing so, would contribute to the business climate in this area. His present business takes up approximately 2200 sq. ft., and this location would be about the same size. Mr. MacGllvray asked how many · employees he would have, and Mr. Nabors answered there ·would normally be 2 employees, but in rush times, there would be perhaps 4, Mrs. Meyer asked how close this building is to others, and Mr. Wagner pointed out that It is built on the property 1 lne with a firewall. Mr. MacGllvray said he had less problem with granting a variance to a setback than to a parking requirement, and If this varlaQJ:e Is granted, It should. be with the stipulation that' this businessman should help develop some type of off-street parking at a remote location. Mr. Wendt asked why the ~oard · doesn't earmark all these requests that way. Mr. Upham said . this ·use is not more Intense than the building he would be vacating, and that overall the best interest of the Clty probably would not be Improved by razing this building, even lf It was developed as a parking lot, because there could be no more than 8 spaces on the lot. ZBA Minutes \ 10-18-83 1 page 15 ( Mr. Nabors said that renovating this business would not be a sound economic venture if he was granted only a one-year conditional variance, but Mr. MacGilvray pointed out that economics cannot influence this Board's decision. Mr. Upham said the motion from the Council Is general, and essentially the report had been accepted without instruction. Mr. MacGllvray explained that staff is to present an Implementation Plan by 11-22-83. Mrs. Meyer made a motion to authorize a variance to the lot width, lot depth, minimum setback and parking requirements from the terms of this ordinance as it will not be con- trary to the public Interest, due to the following unique and special conditions of the land not normally found In like districts: This business is in the Northgate area which Is unique and there are no 1 Ike districts, and because a strict enforcement of the pro- v ls ions of the ordinance would result in unnecessary hardship to this applicant being: Prevention of any use of the property, and such that the spirit of this ordinance shall be observed and substantial justice done. Motion was seconded by Wagner, and carried unanimously (5-0). AGENDA ITEM NO. 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. Mrs. Kee explained the request which is for 30 additional tables (120 seats). She in- formed the Board the Fire Marshal has reported to her that the structure is 1 imited to an occupancy of 85, and there are 99 seats existing which are covered by the required number of parking spaces (33). Al Gutierrez, 509 University Drive, applicant, was sworn In and repeated his request, stating he wants to add 120 more seats, 30 tables, which would necessitate a variance for 40 parking spaces (1 per 3 seats). He said this would not adversely affect this area, because he has, In the past, roped off this available parking in the rear of this store and business ·had not been affected, which proves that most of his business is walk-In trade, Mr. Wagner asked If he would be wlll ·ing to curb the area along University Drive to pre- clude parking in ·front of his restaurant, and ·he (Mr. Gutierrez) said that it may all be enclosed, allowing only parallel parking in front. Mr. Gutierrez further stated that he is not bothered by the head-In parking along "University Drive, but reported that the City planners are against It. Parking on University Drive was discussed, and Mr. Gutierrez expressed a preference for head-In parking. Mr. Wagner pointed out that this is the only head-In parking along University Drive and that abolishing this may help alleviate park- ing and traffic problems on University. Mrs. Meyer disagreed because of the state of disrepair of the parking lot which is provided ~t this location. Mr. MacGllvray asked the applicant to point out to the Board the unique si-tuation, and Mr. Gutierrez offered financial hardship and making the site look better as unique, Discussion of any possible hardship was discussed, Including "Northgate", curb cuts, parallel parking. Mr. Wagner stated that the City has been gl'ven a mandate for this applican to come up with an acceptable plan by December 15th. Mrs. Kee explained that this Board had reversed -the decision of the P&Z which then allowed the existing canopy at this busi- , ness, Mr. MacGllvray said If the applicant could provide a plan with additional parking, then perhaps additional seating could be allowed, If an addition to the building ls made, as suggested by the appl leant as being a possibility. Mr, ,Upham pointed out the appl l- eant ~asking to more than double his seating with no lncrease In available parking. Mr : MacGllvray said he believes .walk-in traffic Is a fact which should be considered in thrs ~area, but It · ls not the law now and this Board has to decide what it will allow this appl leant to do. Mr. Wagner asked if tabling this Item would be in order at this time until a more exact _lnstructions are received, Mr. Wendt pointed out that business In that area could be dictated by seating capacity. Front of building on College Main. Door and Windows were blown out by fire, but walls appear undamaged. North side on Patricia St. Windows slightly damaged, wall undamaged. Inside view, North wall. No evidence of fire damage, but some plaster apparently washed off by firemen. Solvent tank containing Varsol inside building. Was not ignited by fire. Rear of building, negligible damage by fire. Interior view of ceiling and roof--severely damaged ( ZO~ING BO :\RD OF ADJUST~!ENT FILE NO. FRED L NABORS 8607 Topaz Ct. College Station, Tx. 77840 Phone 696-7.502 Location: Lot 7 Block 2 Subdivision Bo~tt ---- Description, If applicable Existing building , fire damaged Variance to parking Action reque sted: Variance to setback requirements NAHE ADDRESS (From current tax rolls, College Station Tax Assessor) Attached ' - zmrrnG BOARD OF AD .IU ST?-!FNT PILE NO . · f 1 d · · C -1 General Commercial Pr esent zon~~g o an in qu e stion ~~~~~~~~~~~~~~~.,....--~~---,~~~~~~ Sect . 7 -Parking Section of crdir.ance from ~hich variance is sougjt Table A District Use Schedule F -25 R -15 The followi n g specific v2.ria tion from the ordinance is regues ted: Relief from requirement for eight parking spaces and relief from 25 ' front setback and 15 ' back setback , 4.,d 7 Side sheef= .7e/.h11 ci1 "I JS-.../'1-. { .I ~ j (Side is protec ted by firewall) a/Id ,,-,u,,/no01 lot d:mens<oA-" :t;1 This variance is necessary due to the following uni que and special conditions of the land not found in like districts: Existing structure occupies entire lot. Front and back setbacks would ta.Ke up- most of the lot , and remainder would not be large enough for bicycle shop . Lot size is insufficient for both required parking spaces and bicycle shop. Th e follo\1in g alternatives to the request ed variance are possible: 1 • Do nothing . 2. Ask Council to modify zoning rules in the immediate vicinity to comply with actual· conditions that now prevail. This variance will not be contrary to the public interest by virtue of the following f~cts: Th.e bicvcle shop prop osed will provide a needed servic e (Sales & Repairs) for local residents. Many customers are dependent upon bicycles for transportation and need a shop within walking distance of dormatories and apartments . Th e facts st2tcc1 by u-1e in this applica tion a re ~::-c 2 an d corr e ct. Sept . ?, 198'.3 Date 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 Action: Variance to all setbacks, lot dimensions, and parking Purpose: To reconstruct burned out laundry and utilize it as a bicycle shop. Applicable Ordinance Section: Table A and Section 7 SPECIAL INFORMATION: Variance Setbacks Required: Front 25 ' side street 15' rear 15' Adjacent Structures: Built on side lot line Parking Required: 8 spaces Existing Parking: none Other: Minimum lot dimensions required: 24 X 100 PHYSICAL CHARACTERISTICS: Lot Dimensons: 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 the 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 bicycle shop (1 space/300 SF + 1/2 employees) List of Property Owners within 200 ft. Floor plan rea 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. 1201 Walton College Station, Texas 77840 BK 1, LT lB, 2B Boyett George H. Boyett 107 Boyett College Station, Texas 77840 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. Mitchell Estate % H. Mitchell 107 Pershing College Station, Texas 77840 BK 1, LT 7,8, 11.5' of LT 9 Boyett O.H. Boyett Estate Horseshoe Bay Box 7807 Marble Falls, Texas 78654 BK 1, LT 19,20 Boyett 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, Texas 77840 BK 1, LT 25 Boyett A. P. Boyett Sr., Estate 107 Boyett College Station, Texas 77840 BK 1, LT 26 BK 1, .21. 4 ' of LT 9 Boyett Norma Sue Bankston 1103 N. 11th Temple, Texas 76501 BK 1, LT 27 A Boyett Gary Boyett 7626 Chattington Dallas, Texas 75248 BK 1, LT 27B Boyett Jack Boyett P.O. Box 1424 College Station, Texas 77840 BK 2, LT 1,2,3,pt 4 Boyett Fred B. Shelton, Jr. %Shelton 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 .. 2, LT 6,7 J.B. auterstein lter BK 2, LT 8,9 Boyett University Book Drawer CT College Station, BK 2, LT 10, 11 Store Texas 77840 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, Texas 77840 3 I LT 1, 2 I 3 I 4 Boy t First 'st Church, CS 200 College College Station, Page 3 of 3 ) -N~" ~~~; NNN i .......... > ) "-l '1 .. C> .. 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BOX 9960 COLLEGE STATION, TX 77840 TO WHOM IT MAY CONCERN: The Zoning Board of Adjustment for ihe City of College Station will consider a request for a variance in the name of: Fred L. Nabors 8607 Topaz -Court t -'" •• --~ College Stat1on, TX 77840 $aid case will be heard by the Board at their regular meeting in the Council Room, College Station City Hall, 1101 Texas Avenue at 7:00 P.M. on Tuesday, October 18, 1983 , The nature of the case is as follows: Request vartance to parking requirements as .set forth in Sect~on 7 and the setback requirements as set forth in Table -A, the District Use Schedule of the Zoning Ordinance, Ordinance No. 850 at the location at lOS -112 College Main to establish a bicycle shop. ·-· ... ::·· : ,,. . : ·, ~ :·1 -~-. ... ..: .. ~:·~.· .... _ .. r {_.:·;I',-:;,. "' Further information is available at ·the office 'of the Zoning Official of the Cj ty of. Co _l :lege s;\a, \'. ~7.,. ( 409) 696-8868. · '· ., .• •' • ., , , ,.!Jif:~; Jane Kee u .' ... ::. Zoning Official "• --,·.:""' _ ··:}.~"}~;·~.-~ :, .... ··-...... : .... ~ . . '; ... ~;: .... ~····-~ ·--~~~·;.::; -• ·q ~ ·:· ~':~~ ~ ·'_.. .:~?~f :. ~ ., ... ,. '.'.~:,: \,-/ :\ .-. City of College Station POST OFFICE BOX 9960 11 0 1 TEXAS AVENUE COLL EGE STATION, T EXAS 7 7 840 October 10, 1983 TO WHOM IT MAY CONCERN: The Zoning Board of Adjustment for the City of College Station will consider a request for a variance in the name of : Fred I . Nabors 8607 Topaz Court College Station, TX 77840 Said case will be heard by the Board at their regular meeting in the Council Room, College Station City Hall, 1101 Texas Avenue on Tuesday, Octob e r 18, 1983 a t 7:00 P .M. The nature of the case · is as fo 11 ows: Requ e st varian ~e to parking r equirements as set for~h in Se ction 7 and th e s e tback r e quirements _as set f6rth in Table A, the Distr)ct Use Schedule of the Zoning Ordinance,,Ordinance No. 850 at the location at 108-112 College Main to establish a bicycle shop. Further information is available at the office of the Zoning Official of the City of College Station, (409)696-8868. Jane Kee Zoning Official { ( Fred Nabors ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variances: From Section 11-B.5 I move to authorize a variance to the yard (6-G) ----- __.x .... x...,x...,.x __ lot width (Table A) __.x ..... x .... x .... x __ l ot depth (Tab 1 e A) sign regulations (Section 8) ----- ___.X~X~X~X..__ __ minimum setback (Table A) XXXX parking requirements (Sec.ti on 7) from the terms of this ordinance as it will not be contrary to the public interest, due to the following unique and special conditions of the land not normally found in 1 ike districts: 1. This business js in the Northgate area which ls unique and there are no like districts. 2. --------------------------------- 3. ---------------'------------------- 4. ------------------i ---.-----------,,~,----- 5. , :; r _____________ _;__;..._ __ ......;_ _____________ _ 6. ---------------..,..:.,,.~---------------- and because a strict enforcement of the provisions of the Ordinance would result in unnecessary _hardship to this applicant being: Prevention of any use of the property and such that the spirit of this Ordinance shall be observed and subst~ntial justice done, subject to the following limitations: 1. 2. --------------------------------- 3. --------------------------------- 4. This motion was made by Meyer -------------------Seconded by Wagner The var!ance_w_a_s_g-ra-n-te-d~b~y-t~h-e--:f~o~l~l~o-w~i-n_g_v_o_t_e_:--=s--~O-r(-u-na-n--.-lm-ously~)..+1.--+---<~~~~.i.,:,,_-+-_;_