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HomeMy WebLinkAbout17 ZBA 2.21.84 Variance to Rear Setback John BrownZBA-JB ··~~City of College Station ~~ POSTOFFICEBOX9960 ,.--.. -.. -----COUEGE STATION, TEXAS77840 l·,I::. I 0 fl ():I. ~~3 :l.f.iN:I. 0 2/Z'.3/~Vt ·ceRTIFIED p 50 5 548 546 MAIL RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO ~ORWARD Jr. 77840 TE IST NOT•CF 2 1'!0 NOTICE -RETURN ZBA-JB ~-~~City of College Station ~ ~ POST OFFICE BOX 9960 ~ COUJlGE STATION, TEXAS 77840 Judythe C, Riley P. 0 . Bo;x 3036 College Station, TX 77840 0HOLO DATE MAR 15 !Sr NOT"ICE 2NO NOTICE RETURN Detached from PS Form 3849-A Oct. 1980 r cenJ Hevi i. ~ ~1..,-cro ~ _,-o-V ---4~ J -3 ,...v ..}, -.3 7 V<J ~ ).-_..:::.-- 3sc-cJ ~ ,-__....--:-~pd ....., .3 2. ~ ,.:t{v> ---.::-;-:-~ .6 ,_, ---- I ). g- J'O ---0 f d ;). 'I ... 1/"th1 -.... ----J Bk OR 'I <j </ I' /C<J /:JS I' t13J 'if'\ -1 I h.. ~ ~ V) ~ ~ ::::::, -..J i °??'ROW. r I I L __ -- L OT S LOT9 ., BLOCK I VOL. 125, PG . 1 433 D I R I WELCH L OT 10 ,_BREEZY AVENUE I BLOt K 3 ~.OT 11 U l-1 -..1 IT ..:'" I 1 1:.1l.Jl1 I ...J VOL . 12 !:>,PG .433 DI R V " .J ' il,j If' 'LOT ~ : I L OTl2 L OT 13 I w '8 D o . LOT I -·-.. , ::>' Q I "" ~. L OT 2 I -E.x 1 ~\-. Fc:.n c.<. j BLOCK 3 L OTl4 L OTl5 DlVlSIO:-l OF EVERETT K. GLAZENER 0 . 6044 ACKE TRA CT BLOCK J , JsREEZY Jl[lGllTS A IJD ITLO~ Cl\AWFOIUJ B\;RNETT LEAG~E , A-7 CO i.I.EGE STATION, BRAZOS CUL'~:TY , TEXA S SPENCCR J BU CHANAN ANO A SS OCIATE S .INC CONSUi ll"G ENGltJ EERS tJf~ft'i.N, 1 t >. :.5 City of College Station POST OFFICE BOX 9960 I 10 1 TEXAS AVE UE C OLLEGE STATION, T EXAS 77840-2 499 February 22, 1984 John Brown 804 Welsh Avenue College Station, TX 77840 Dear Mr. Brown: As the Zoning Board of Adjustment denied your request for a variance to the rear setback on February 21, 1984, you must now either move the st0rage building so that all setbacks, all building codes, and all other zoning ordinance requrrements are met, or remove the structure from the lot completely. You have thirty (30) days from the date of this letter t0 accomplish this , If you ~ave any questions concerning moving the structure, contact Coy Perry, Buildfng Official. If you have further questions, please feel free to contact me at 764-3570. Sincerely, CITY OF COLL~Gj_JATION 4zt~;f~ a~~~-R. Kee Zoning Official JRK/sjv STAFF REPORT TO: Zoning Board of Adjustment DATE: February 13, 1984 FROM: Jane R. Kee, Zoning Official GENERAL INFORMATION: Applicant: John M. Brown Status of Applicant: Owner Location: (Address, Lot, Block, Subdivision) 804 Welsh -Breezy Heights Subdivision Existing Zoning: R-1 Single Family Requested Action: Variance ~o rear setbafk of approximately 3 ft. 3 inches Purpose: To leave in place a portable building (14 1 x40 1 ) in the rear yard to be used for storage, a tool shop and a playhouse. Applicable Ordinance Section: Table A PHYSICAL CHARACTERISTICS: Lot Dimensions: 80xl22 Utilities: Electrical along rear, water along Welsh Access: Welsh Street Topography: N/A ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- Existing Vegetation: Sparse Flood Plain: N/A ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Other: x x x x SPECIAL INFORMATION: Setbacks Required: Adjacent Structures: Variance Rear -25 ft. See site plan in your packet and aerial photo on the wall at the meeting. Existing Parking: ~N~A'--~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Parking Required: _,_,N..._,_,A~~~~~~~~~~~~~~~~~~~~~~~~~~~~- Other: Portable building was moved on to lot without a permit. Appl leant had been advised be could not have permission to move this building without a permit and a permit could not be issued as proposed without ZBA action. Use Permit Parking Required ~~~~~~~~- Parking Required Proposed Use ~~~~~~~~~~~ Area of Non-Conforming Building ~~~~~~~~~~~~ Area of Expansion ~~~~~~~~~~~~ Greater than 25 % ~~~~~~~~~ Appraised Value Cost of Reconstruction ANALYSIS: Alternatives: 1.)Remove building 2.)Cut down size of building 3.) Relocate building and lose a tree. Hardship: Ordinance Intent: Previous Action on this Property: N ~.......,.,"'--~~~~~~~~~~~~~~~~~~~~ ATTACHMENTS: Application List of Property Owners within 200 ft. Site Pl an Location Map Other: ZONING BOARD OF ADJUSTMENT Name of Applicant J.OH N M. BRO ·TN ~~~~~~~~~~~~~~~~~~~~~~~~~~~~-". Mailing Address 804 Welsh St . College Station Location: Lot Block J Subdivision BREEZY HEIGHTS Description, If applicable The lot is about 80x128 feet with a sine,le family dwelling . (See attached drawing ) Ac ti on Requested: Variance to rear setback Present Zoning of Land in question R-1 Sing le F amily ~~~~~~~~~~~~~~~~~~~~~ Applicable ordinance section Table A ~~~~~~~~~~~~~~~~~~~~~~~ NAME ADDRESS (From current tax rolls, College Station Ta x Assessor) . I - -1- ZONING BOARD OF ADJUST MENT COMPLETE THE FOLLOWING FOR A VARIANCE REQUEST. The following specific variation from t he ordinance i s requ e sted: To position I 7" J_/- a portable building only ~ feet from the back property line . The portable building 's dimensions are 14 x 40 ft . This variance is necessary due to the following unique and special conditions of the land not found in like districts: SEE ATTACHED SHEET State the unnecessary hardship involved by meeting the provisions of the ordinance (other than financial). 1. I would have to cut this prefabricated building down to fit the specifi c ordinance of a 25 ft. setback. 2 . I would have to cut down a large tree in the back yard plus position the building over water and sewer lines to fit it along the back line. My yard would also be drastically reduced. The following alternatives to the r~quested variance are possible: 1. Cut the building down, but ~thi~ would ruin a really nice looking Morgan building. 2 . Purchase land adjacerit tom~ lot if possible.J.Remove the building from the lot. 4 . Place the portable building along the back boundary line. This variance will not be contrary to the public intere st by virtue of the following facts: 1. I am located next to an R-2 zoning area where a 20 ft . set back is approved in the ordinance rules , therefore a 2aft . set back may not interfer with the surrounding community . 2 . This building is a strong well l built , attractive portable building made by Morgan, and would not T~~ sf~~~~\\~t gcf t}a~J i ~r~ff; sa~PP ft~~tfons ~F~1:~1d~eaiJ d iP.orWt t ~eighborhood · // _j 77) ~ ~A cf).'-/, J7rf q A ~ ' <JrSateO v -2- Additional pag e for J .M.Bro n variance request . The unique and special conditions of the land not found in like districts is such: 1 . To position the building so that it would conform to the city ordinance would drastically reduce my back yard area ,. I would only have about 24 feet between my house and the building . I have only two trees in my back yard and one of them would have to be cut down . My sewer line would be directly under the building . This is anold house that I live in and the sewer line is also old . Two years a g o XER a plumber from Rota-Rooter had to clean the line and said that it was old and in bad shape because the tree roots invaded the line . If the line has to be replaced or worked on ,the building would be in the way and have to be moved . Since the building is larg e It would pose a large hardship to move it . Also my water line would run under the building and if work had to be done on it the building would also have to be moved . US E OF BUILDI NG. The building is to be used for three purposes . J • 1 . a work shop 2 . storag e J. a playhouse for my two children J· CITY OF COLLEGE STATION R&Z 6Pt5E Ile-. 2811 .:1-011-B~ , ... , .. PUBLIC HEARING NOTIFICATION FORM . ~~,ft:~~~:~~;~~~:~::·:~~:~~~~~~~~~,,i ~:'.·/'·;'~,~.: ~": ··: '.:\·: . . ' .:. ' . ·. ·~~~"='TO BE OBTAINED FROM THE CITY OF COLLEGE STATION TAX OFFICE ONLY AND CERTIFIED BY TAX ... .,;.;,.~~ASSESSOR 1 S OFF I CE. ·~·~ALLOW 48 HOURS FOR THE TAX OFF I CE TO COMP I LE TH IS LI ST. .. ...... : ··~~~~~ff;i ~:"' .. ·"?,~:~.1~·~i:····; ·~=-. .. . ... ,. ... : ~·?=~~ey-~tt~:.r;~t.;_~~~t~~~~~:~;/,~c&";'1~~'"r ';.,~~\:'~;''.:•;::"C .. •: .. ,,>.; 1 · ~:·:;•• . : . 'O'.·•.:.:. '..' -·-.,OWNERS .OF ~.PROPERTY . WITHIN . 200 FEET OF ALL PROPERTY LINES OF SUBJECT PROPERTY: ·""":,..:-: ·.;: r:·'.~t~~~ .. ~::~~-~~~~~·-~rs~~~~~~i?.'",J.:;~:~~~ .. *~.1;,,-~ . ..:-;'".:'_·;.: .... #-:>:•:·;\·:;./_: ....... _. ,.·. ~ .. -.:~ ).-.-·:·~· ........ ~ :.:.;.~·.:; .. :(, ';·t ·~ ... _.,:.: ._._ ... : .. . . , · .. : ;: '. ~-' ,-.. Lambert H. Wilkes 501 Park Place, College Station, TX 778 4 Ronald C. Griffin 904 Welch Ave.~College Station, Tx 7784 C Boyd G. Hall %M ichael Calliham 303 E. University, College Station, Tx Lorenzo A. Martinez 901 Fairview, Coll ege Station, Tx 77840 Leslie V. Hawkins 1004..~S .Dexter St., Co-llege Station, Tx Charl es Munday P.O. Bo x 9195, College Station, T x Judyth e C. Riley P.O. Box 3036, College Station, T x 7784 C Mattie Kaechele % Gladys Koerth 806 Fairview, College Station,Tx 778 4 0 D. O. Wiersig 1107 Sul Ross, Bryan, Texas 77801 Larry M. Peck 1812 Southwood Drive, C.S.,TX 77840 Charles Matejk.a 802 FAirview, College Station, TX 77840 . :···· L. G. ·Jones Drawer J, College Station, Tx 77840 - Andres Barona ,,.· 802 Hereford, College Station, Tx 77840 .. Dwayne D. Simpson 800 Hereford, College Station, Tx 77840 Leslie V. Hawkins 100 4 ·S. Dexter, College ..Station, Tx 7784 Dennis and Francis Maloney 803 Welsh, College Station, Tx 77840 R. D. Slack 1211 Lancelot Cr~, College Station, TX William H. Kettler, Jr. 708 Welch St. College Station, Tx 778 4 0 Mrs. Ernest F. Sebesta Rt. 4, Box 407, College Station, Tx 778 4 ATTACH ADDITIONAL SHEETS IF NECESSARY. CERTIFICATION OF TAX ASSESSOR OR CLERK APi'LICATION FEE ... ·;,· ! -.~ : . ~-. "I ".... .· -.(·.: .· . ~.~~ -:~~~·~·~'.· .····=·~ -ii:·?~i:t~;:. ~·~~~j~(.J;e.:~·;;.::i:i ,.::·..i~,.~~"fdf .: H~(.1 £-e l I ~ lt "' ~ .l) .. I:."" ., I., ::---1'3. :l · "' I I ~) , > 0 " L I) I -l I I I I I 9,..., 15' poor "3 Cl ~ .!) ~ ~ .., ...... .> ....... ~ ~ ....... ~ . J L/ 'I ' ~ I::. I . ")I ~ ~I ~I .. \, ~I '-11 -1 I rc~,,, 111 !Jre1 t.Ufl ~Cllj c,v.11/s/, s -f Co//"J< -;;f.,f,~.,) r"i~"IS 6'16-l'/5 0 p 505 548 511 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIOEO- NOT FOR INTERNATIONAL M L (See Revene) Postage $ Pt.> , Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing (_ to whom and Date Delivered D Return Receipt Showing to whom, M Date, and Address of 00 ~ TOTAL Posa ii----------""""-~~~~--'~""'--.... "" 0 0 00 .... e 0 "" rll II-< STICK POSTAG E S"fAMPS TO ARTICLE TO COVER FIRST Cl.ASS POSTAGE. c!:::TIFIID 'Al l FEE. A .J CHARGES FOR AJIY SELECTED OPTI DllAL SE RVI CES. (111 lrllll'I) 1 . lf y ou w ant this receipt postmarked, stick the gummed stub on the l ef t portion of the address side of t he article leavinc the r eceipt attached and presentthe article at a post office servi ce w i ndow or han d it to your rural carrier. (no extra ch arge) 2. If you do not w ant t his recei pt postmarked, stick the gummed stub on the _lef:t ~rt ion of th£ address side of the artic le, date, detach and retain the receipt . and mall the -article. 3. If yoii want a return receipt, write the certified-mall n u mber and your name and address on e return receipt card, Form 381 1 , and attach it to the front of the artic l e by means of the gummed ends 1f space permits. Ot herwise , affix to back of article. Endorse fro nt of article RETURN RECEIPT RE QUESTED adjace nt to t h e number. 4 . If you want de livery restricted to the addressee, or to an authorized agent of the addressee endorse RESTRICTED DELIVERY on the front of the article 5 . Enter fees for the services requested In the appropriate spaces on the front of this recei pt. 11' return receipt is req u ested, check the applicable blocks in Ite m 1 of For m 3811 . 6 . Save this receipt and present it if you make i nquiry. UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, addml, and ZIP Codt In the apace below • Complete Items 1, 2, 3, and 4 on the reverse . • Attach to front of ll'licle ii space permits, otherwill alfli to back ol lllielt. • Endont ll'licle"Aetum Receipt Requested " adjacent to number. PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE, $300 RETURN TO • J,qtJ£ e <$, crl/ OF~-- (Name of Sender) Pa ~k 91'60 (Street or P.O . Box) Cou..E6c ~Ai, Ix 77~//o (City, State, and ZIP Code) ! • SENDER: Complete items 1, 2, 3, and 4. ~ Add your address in the "RETURN TO" space ! on reverse. ~ (CONSULT POSTM A STER FOR FEES) i 1. The following service is requested (check one). 0 Show to whom and date deli vered .................... _¢ 0 Show to whom, d ate, and add ress of delivery.. _¢ 2.0 RESTRICTED DELIVERY _¢ (The restricted delivery fee is charged in addition to the return receipt fee.) TOTAL t__ 3. ARTIC.J;;;~r~o~.J ~ Soy W ELS1.1 AJE.,JJ e---. od, j eo~~E ~ IX 7~'HJ z ~---4-.TY-P_E_O_F-SE_R_V-IC_E_:-----.-A-R-Tl-C-LE-N-UM-BE-R-----tl ~ 0 REG ISTERED 0 INSURED ~ (B€ERTIFIED 0 COD 0 EXPRESS MAIL :11a-....;:;;'-----------1-----------1 "' (Always obtain signature of addressee or agent) gt---~---:--,.-:-~.-....,...-.,...--.,,,.....,,.....,.~~~~~~~-1 ~ "' :JI "' .o ( MEMBERS ATTENDING: MEMBERS ABSENT: STAFF ATTENDING: MINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adj us-tment February 21, 1984 7:00 P,M. Chairman Cook, Members MacGilvray, Upham, Wendt and Alternate Member McGuirk Member Wagner & Alternate Member Meyer Zoning Official Kee, City Attorney Denton, Planning Assistant Longley, Planning Technician Volk, and Ass't. City Attorney Locke '(present for a portion of the meeting). Chairman Cook opened the meeting and explained the functions and limitations of the Zoning Board of Adjustment. AGENDA ITEM NO. 1: Approval of Minutes -meeting of January 17, 1984 Mr. MacGilvray made a motion to approve the minutes. Mr. Upham seconded. Motion carried 4-0-1 (Cook abstained). ,.. · AGENDA ITEM NO. 2: Hear Visftors No one spoke. AGENDA ITEM NO. 3: Consideration of variance to parking, front and side setback requirements as set forth in Ordinance Section 7 and Table A for a business at 509 University Drive. Request is fn the name of Al Gutierrez. This request was tabled on l 0-1 -3 .. Chairman Cook explained that this request was tabled in October of 1983 pending a revised site plan. Mrs Kee then explained that the plan being considered on this date is on e which the Planning and Zoning Commission has approved, but pointed out that it is signi- ficantly different from the one ·which the applicant initially presented following the tabling action of the ZBA: She jthen explained just what the applicant intends to do and then ~xplained the exact varia~~~s h~ is retjuesting; Al Guitierrez came forward and was sworn in, Mr. MacGilvray expressed surprise at the site plan proposed, stating he recall~d ,the last hearing and the ideas ~xpressed by the appl i- cant at the time which did not include a proposal of a two story building in addition to an expansion at ground level. Mr. Guitierr~z explained what had previously been proposed, stating that after studies of the area, he felt htat plan did not fully utilize the posslbil ities o~ this business, therefore, he has decided to expand to include both a restaurant and retail businesses. He went on to say that if all the cars which currently park i.in front of his business were moved to the rear parking lot, he would still have ample parking. Mrs. Kee explained how the required parking figure .had been arrived at indtcating that any variance beyond what is being considered tonight would have to come back before this Board. General discussion followed concerning the number of variances being requested, how much time the architect h~~ spent studying local codes after which Mr. Upham speculated that the person who drew this plan seemed to have tried to present a plan wh.ich woulq requ i re as many variances as possible. Mr. Upham went on to explain that many of the problems In Northgate have been there for many yearsi and that ~his Board ZBA Minutes 2-21-84 page 2 has been trying to find ways to live with t~e problems, but a plan of this magnitude would in all probability proliferate this already existing problem. Mr. MacGilvray agreed, stating that an expansion of this type would intensify the problem in the Northgate area. He specualted that a plan could be made which would meet all setback requirements by minitirig the square footage to a specific size, thus the only variance would would then be requi·red would be a parking variance, but one of less magnitude than this request. After discussion it was agreed that both setback variancew involved substantial variance requests, and the plan could quite easily be revised to meet at least some of the require- ments. Mr. MacGilvray said he would not offer any more ideas to the applicant as to plan- ning the site, but said he believed it is up to the applicant to present a plan which would incorporate a compromrse which this Board could then consider. Mr. Upham the~ made a motion to table this item until the applicant is ready to present a compromise .plan which would not involve so many variance requests. Mr. MacGilvray seconded the motion which carried unanimously (5-0). AGENDA ITEM NO. 4: Consideration of a request for variance to rear setback requirements as set forth in Ordinance 850 District Use Schedule (Table A) at the r e sidence at 804 Welsh. Request is in the name of John M. Brown. Mrs. Kee explained the request ~oncerns a 14x40 portable building which has been located on the lot at 804 Welsh and currently encroaches the required rear setback by approxi- mately 4 feet.· She outlined alternatives the applicant could turn to in lieu of receiv- ing a variance from this Board which include removing the building from the lot, cutting down the size of the building or relocating the building which would entail losing a tree in the yard to accommodate the building. In answer to questions from the Board about how this building was placed at this location, Mrs. Kee offered the information that she had advised the applicant prior to locating the building on this lot that he would have to have a building permit and also that he would have to meet the setbacks as required by ordinance, but after that she found out that the building had been moved onto the lot without a permit and the rear setback had been encroached. John Bro wn, 804 Welsh was sworn in. Mr, MacGilvray announced to the Board and public that he fs acquainted with the applicant, but that he has not discussed this request with him. Mr. Brown told of his plafis for using the building as a storage, workshop and play area for his children; that the l building will be ,electrically wired to the house; that the building is not set on a foundation, but rather on skids under whlch concrete pads have been used to level the building: Mr. MacGilvray asked about his moving the building onto the lot without .a permit, and Mr. Brown explained that the building had been loaded onto a trailer and he had called City -Hall, and "Dan" (Dan Dupies, a former Assistant Zoning Official) advised him to go ahead and unload it until the ZBA could hear the request, even though he had no permit and would encroach the setback. He said that after the building was placed, he applied for the building permit which could not be issued until a variance was granted. Mr. Brown went on to explain that the residence on the lot had been a duplex but that he had opened it up, and now the entire structure is a single ~ fami ·ly residence. He further explained that his plans are to sell this building when he leaves this area. Mr. Upham said that in his opinion, a building of this size is over- whelming. Mr. Wendt asked Mr. Br~wn to point o~t something unique about his situation and M.r. Brown stated that If the butlding is placed in another direction, it will be over sewer 1 Ines and existing trees will have to be destroyed. He went o~ to tell the Board ~hat no one will be living in the building, and if he is allowed to keep the building, other out ~uildfngs on the lot will be moved. Discussion of the neighborhood, non-conform- ities which were grandfathered In at the time of this ordinance, upgrading of th~ neighbor- nood follow~d, after which proponents and opponents to this variance were invited to speak. ZBA Minutes 2-21-84 page 3 Mrs. Lambert Wilkes, 501 Welsh Avenue, and ~he owner of 902 Welsh Avenue, was sworn in and stated she has concern over the affect a building of . this size has on the neighbor- hood. She further stated that the fact tha t the building was bought and moved in with- out a permit and with full knowledge that a permit was necessary goes against the grain. She summarized by stating that she objects to the building on the basis of the size of the building and the fear that the City will have to watch it continually because it does have air conditioners and could easily become another rental unit. Mr. Brown assured her that since Mr. Brown has converted what was a duplex to a single famtly dwelling by opening the wall between the 2 units, the land can never again be used for a duplex again, as the lot is in an R-1 zoning district. Mr. McGuirk informed Mrs. Wilkes that this Board is not discussing the legalties of the existence of this building except as it applies to the variance requested tonight, that being the required 25 foot r:ea r setback. Mr , McGuirk 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 condrtions of the land not normally found in 1 ike 'districts and there are alternative s ; 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' b'e observed and substantial justice done. Mot .ion seconded by Mr. Upham and carried unantmously (5-0). AGENDA ITEM NO. 5: Consideration of a request for variance to the Sign Regulations as set forth in Ordinance 850 Section 8 for an office building at 1408 University Drive. Request is in th e name of Larry Landry Company. Mrs. Kee explained that this request is for a variance to the ordinance regulations that there can be no detached signs in A-P zoning districts. She went on to explain that the staff's pol icy is to allow small, detached address only signs, and the applicant had been advised of this rule at the time of the Project Review Committee revi ew of the s)te plan, but since the building was erected, staff noticed this sign and notified the applicant that it is in violation of ordinance regulations, She then referred to another variance request by the Te xana Na t ional Bank, which had been dropped when the applicant learned he could have an address or a drrectional sign but that he could not have the name of the bank on that sign in an A-P dl?t rict .. · Larry Landry, 4018 Ralnvalley Drive, 8-ryan, was sworn In and passed around a photo of the building and .the sign, stating that the wing walls are attached to the building and were built with the building, but agreed that the -center of the wall is detached, as staff has implied. Mrs. Kee said she made her interpretation because she does not think the wall is attached just because it has a common foundation with the building. Mr. Landry said in his mind the walls and the building are all one structure; Mr. Landry said that he does not consider this a detached sign, and further informed the Board that he has · received Information to the effect that the new sign ordinarice may allow this type of sign. Mr. Upham informed the applicant that the proposed new sfgn ordinance is not rele- vant in this case. Mr. Landry asked for clarification, stating that it is now his under- standing that he could block out the words "French Arbor" and leave "1408 University Drive" and Mrs. Kee said that is correct.· Discussion followed concerning the looks of the wall, the way the wall is built and Mr, Wendt asked for a clarification of the definition of a detached sign •. Mr. Upham stated that the sign is not an advertisement of a business, but rather identifies _ a specff lc piece of geography. Mrs. Cook asked City Attorney Denton if a variance is being requested or If an appeal of an fnterpretation is being requested. Mr .. Denton replied ZBA Minutes 2-21-84 page 4 that the question of the definition of a detached sign must be resolved, and pointed out that the current ordinance does not make a dlear definition of attached or detached signs. Assistant City Attorney Locke asked how this ' sign would differ from the tower at the Chimney Hill Retail Center and Mrs. Kee said she has the understanding that the tower is considered part of the building. Mr. Denton said the tower has four sides. Mr. Upham then made a motion to deny the variance to the sign regulations (Section 8) from the terms of this ordinance on the basis of precedence, i.e., Texana National Bank sign. This motion died for lack of a second. Mr. McGuirk made a motion to authorize a variance to the sign regulations (Section 8) 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 like districts: (1) Although possibly not legally within the strictures of attached signs, the location of the sign on the land renders it indistinguishable from an attached sign, and because a strict enforcement of the provisions of the Ordinance would result in un- necessary hardship to this applicant being: a strictly legally attached sign would not enhance the architecture of the structure, and such that the spirit of this Ordinance shall be observed and substantial justice done. This motion was seconded by Mr. Wendt, and carried by a vote of 4-1 (Upham) . . ,., . Mrs. Cook requested that staff review this case, as she is not comfortable voting for something which is not necessarily considered a detached sign, and requested clarification of the definition of a detached sign, Lowell Denton, 4218 Willow Oak, Bryan (City Attorney for College Station) was sworn in and stated the action taken by this Board tonight is not inappropriate and the Board has not identified a need, He stated that the Board took action on the request as presented by the appl leant and by the actio~ taken, has implied that the Zoning Official's inter- pretation is correct and this sign is a detached sign. He reminded the Board that the object of Interpretation of the ordinance is consistency. AGENDA ITEM NO, 6: Other Business Discussion followed concerning .action · the Legal department has taken following Board action, with Mr. Denton requesti i ~g that a legal discussion be placed as an agenda item on th~ next meeting. Further ~~~eral discus~lon ·regarding the request followed, with Mr. Wendt making a motion to adjourn this meeting and Mr, McGuirk seconding the motion which carried unanimously (5-0) .• APPROVED: Chairman, Violetta Cook City Secretary, Olan Jones .. <·' >-"' -., c ~ ~r--r--r-'-1~~~ ~ ~.--'----C'l--..........--.---.--+--+--1 ::. ) ' G..__) T_E_M_N_o_. __ _,,,) ( c. s. N •• ) (scALE,, .. ,.... ] TYPE OF CASE: SETBACK VARIANCE > STAFF REPORT TO: Z-AA DATE: FROM : \ ll z {) GENERAL INFORMATION: Applicant: Status of Applicant: Location: (Address, Lot, Block, Subdivision) Existing Zoning: Requested Action: }l )) Purpose: I (::~ -I = "' fr 1 "~ ,' J I J Appl i cable Ord i na nee Section: A_l_a_l_(_L_4 __ ~f ______________ _ PHYSICAL CHARACTERISTICS: ~ Lot Dimensi ons: <CO>( 17-Z.. Utilities: Wc.Ar1cu.2 t?L J/I I fl fI/l.,, /l ), -t.A /lY1 :x I 1 :PJd ,( I ) r Access: Jt i f Topography : Existing Vegetation: Flood Plain: /~ I Other: .. J SPECIAL INFORMATION: Variance Setbacks Required: Adjacent Structures: Existing Par king: ~JA" -'-f-~~~~~~~~~~~~~~~~~~~~~~~~~~~- P ar k in g Required: ~'J=1'--'-'-~~~~~~~~~~~~~~~~~~~~~~~~~~- 1 Other: }3 1 ~1 l L 1 ''/ " . fl~-J l Ir Existing Use -~~~~~~~~~- Appraised Value ANALYSIS: Hardship: Ordinance Intent: Previous Action on this Property: 0 ATTACHMENTS: p plication vlist of Property Owners within 200 ft. · te Plan ocation Map Other: l.' t I -I Parking Required -----~~~ ,. Par king Required ~~----~~ Greater than 25 % --~~---~ Cost of Reconstruction ------ I I Cert} fjcvi t ~ .:.;su-v ~ -&-</ -..> --'-1,..nr<> ~ -3 v-<' ---37(,K) ~ ;._<>-<-' __::.---- 3.};-(70 oA-f I c.w _...;----:-~pd .....,. .3 2. er</~ ~ -tJ -c..>A" A/..> - I)_&' ~o -() I o :;_ tf r '. ; '. '11~ h1 I I ., . B L OC K I n/ L ? -·-------·--J L __ VO L. 12 5 , PG .1433 D I R U i\:-~ .Bk OR '{ <j C/ I' /O<J /:JS I' l/ 3J HJ'"\ -1 h... ~ e: I It) I I I ~ I I ~ I I :::::i -....J I "50' R.O.W. r I I I I I I SµRVE YED BY: WELCH AVENUE L OT8 LOT9 I ' <.-_' ( L OT 10 Donald W. Bo ckma n , R .l'.S. 111762 , Sept. ' BLOCK 3 ~.OT 11 VOL .12 ~>,PG .433 DI R 1977 L OT 12 , •' I UJ ;LOT ·g I ·o 0 ,- 'Ul 'f I 2 I I_. ·- I L L OT 13 LO T I ----, ~: 0 1 (II • ~! t./.:; ...! I/ 1 I \ LOT 2 I -E1'.1~ . Fc:.nc..c:.. ; I B LOCK 13 LOT 14 i L OTl 5 DlVl ~ EVERETT R. GLAZENl BLOCK 3 , BREEZY CRAWFORD BUIU>l- COLLEGE STATION , f SPENCC:R J. BUCHAN A CONSULTING ENG INEERS LEGAL NOTICE DATE(s) TO BE PUBLISHED: / -./J.c:;~.1/i:-;_5 O/l~;' ;!~!?0 Y-;'-:,P .1 , .I 0c?4 .t!_.,;_.' ON Ly ..;.:;...~__...;..~;....._~_..;..~;......;.....~~--=--'-~~-'----~--'-~-'-~-'-'---~~~~---~~ BILL TO: THE CITY OF COLLEGE STATION P. 0. 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: John M. Brown 804 Welsh Street "'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 at 7:00 P.M. on T~esday , February 21, 1984 . The nature of the case is as follows: '· •• w -•• ·«: .. · . ., Vsrlance ~equest to rear setback requirements as set forth ~n Ordinance 850 District Use Schedule -1Table A, at -the r e sidence at 804 Welsh Str e et. • . . r :-<· . . i': Further information is available ~t ·the ~ff~ce ~f th~ Zoning Official of the City of Coll~ge Station, "( 409) 696-8868. . . . . _. . . Jane Kee Zoning Official ...... • .·._. -· ... ,;.-j't:i;·;..~: :-?:~.~·-.. {·-':· .. :i ' .. · . ......... : .. · . c{~J ;::~.·.: .. --~:, . ...... ~.- .=··.':' -··.:· .. · :~:. !. • :-- .·. . ; -.. _ -~ .. . . ~-:.. , ..:. . ;,,. . "~:l!~fi;J)t;f-i~i~z~5~~~~0.f;*-I.~~ City of College Station POST OFFICE BOX 9960 1 10 I TEXAS AVENUE COLLEGE STATION, T EXAS 77840 February 13, 1984 TO WHOM IT MA~ CONCERN: The Zoning Board of Adjustment for the City of College Station will consider a request for a variance in the name of: John M. Brown : 804 Welsh Street 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, February 21 , 1984 at 7:00 P.M. The nature of the case is as follows~ ' ;i Variance request to rear s~tb~c ~ requirements as s i t forth in Ordinanc~ 850 District Use Schedule -Table A, at the residence ~t 804 Wel ~h ~tree~. Further information is available at the office of the Zoning Official of the City of College Station, (409)696-8868. Jane Kee Zoning Official February 13, 1984 Mr. John M. Brown 804 Welsh Street City of College Station POST OFFICE BOX 9960 11 0 1 TEXAS AVENUE COLLEGE STATION, TEXAS 77840-2499 College Station, TX 77840 RE: Varfance request -rear setback requirements at 804 Welsh Dear Mr. Brown: The Zoning Board of Adjustment wfll consider your request for variance to rear setback requfrements as set forth in Ordinance 850, Table A on Tuesday, February 21, 1984 at 7:00 P.H. The meeting will be held in the Council Room, 1101 South Texas Avenue (City Hall). Sincerely~~ ~Kee Zoning Official . JRK/sjv . i ,'"