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HomeMy WebLinkAbout4 Edward Mike Walsh Pkg Var Northgate Oct 18,1983( ZBA Minutes 10-18-83 page 13 AGENDA ITEM NO. 5: Consideration of a request to extend a conditional variance to the parking requirement at 315 University in the name of Edward Walsh. Mr. MacGilvray spoke of the history of the conditional variance which had been granted ~ for this location In the past (1981 & 1982) and quoted the current pol icy regarding the moratorium as adopted by the Council this September 22, 1983, explaining that he is now under the assumption that no parking variances can be granted to any business which would create a more intense use of a building than is already existing. Mrs. Kee then stated that the applicant may want to address the Board concerning whether he is asking for a variance for as long as he has a lease on this business, or for a continuation of the variance as has been given in the past. General discussion followed concerning the development or repair this applicant had made to the parking lot as re- quired by this Board. Edward Walsh, applicant, was sworn In and reiterated that he has a lease until 1989 and gave the background of all the past parking variances granted, stating that he had paved 18 parking spaces on the lot and designated that 6 of those spaces are for his business, then stated that he would like to receive a variance for this business for the life of his lease. Mr, Upham p6lnted out that the variance goes to the land, and not ·to the appli- cant or the Individual after which Mr. Walsh asked the Board to amend his request to a permanent variance, Mr. Upham then made a motion to authorize a permanent variance to the parking requirements at 315 University (Section 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 like districts: There are no 1 ike districts In the City; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant, and such that the spirit of this ordi- nance shall be observed and substantial justice done. The motion was seconded by Mr. Wagner, and passed unanimously (5-0). AGENDA ITEM NO. 6: Consideration of a request to extend a conditional variance to the parking requirement at 411 University in the name of Lone Star Yogurt. Mrs. Kee explained that ·ln July 1982 a conditional one year variance was granted to the · property, but to a different applicant, and when this business -developed at that location, staff determined If the use was the same, the same variance would apply. Mr. Upham stated that this is essentially the same case as was last considered, but Mr. MacGilvray pointed out that Mr. Walsh -had a designated parking area with his lease and wondered if the same situation would apply In this case. Mr. MacGilvray then made a motion to remove this item from Its tabled position. Mr. Wendt seconded. Motion carried unanimously (5-0). Cosmos Guido, appl leant came forward, was sworn in and gave the background-of the business stating that in August of this year, he had run a survey of patrons for 19 days to deter- mine just how many people drove/walked to the business. He gave f1gures indicating a total of 536 people were surveyed, 308 indicated they had walked, 34% drove, and 8% had driven to the area to another store, and had dropped In to this business. He stated that In his opinion, this business does not create a parking problem in the area, and the re- sults of his survey back this up. Mr, Upham reminded the Board that the variance goes with the land, and Mr. MacGllvray pointed out this is a part of a building which has some park- ing and wondered how many were designated for this buslnes~. Mrs. Camp was sworn in, ld~ntl.Jylng herself as the own.er of the building and stated there is a total of 28 spaces in the rear of this building, but that none had been designated specifically to this business, as none had been · requested, Mr. MacGilvray stated that the study committee had suggested that employee parking be provided elsewhere, and referred to the last case which ZO ~Ii'iG BOARD OF ADJUSn!ENT FIL E NO. Edward J Walsh I Mailing Address ~~~-3_1_5~U_n_i_v_e_r_s_i_·t_y~Dr~_iv~e~~-'_C_o_1_1_e_g_e~S_t_a_t~io~n_,~T_X~~~~~~~~~- Location: Lot ':) /, t/fJfVJ Block ____,_/ __ Subdivision ,8~-y~tz..P . Action re quest ed: Renew variance on p arking requirements NAME ADDRESS (From curre nt tax rolls, College Station Tax Assess or) zo:-ffN G BOARD OF AD .I:.JST~·!FH PILE NO . Pr esent zonir.g of land in question {!-/ 6e/le/'o / fom/YI ea:r'a l Section of ordinance from ~h ic h varianc e is so ug~t The following specific v 2 r ia tion from the ordin aI'l.ce is requested: This variance is necessary due to the following unique and spec i al conditi ons of the land not foun d in like di s tricts: Northg ate Th e follo wing alterna tives to the requ es t ed v ariance are possible: This variance will not be contrary to the pub+ic i n terest by virtue of the following ,. fact~: ·Busin ess does n ot cause i ncrease in driyers to area. Th e facts stated by me in this a pplication are tree a~d corr ect . (~_IT_E_M_N_O_. ___ ) ( CA SE NO. TYPE OF CASE: ZBA r---_ I ~ -- ) ( SCALE' 1'",200' ] STAFF REPORT TO: Zoning Board of Adjustment DATE: October 10, 1983 FROM: Jane R. Kee, Zoning Official GENERAL INFORMATION: Applicant: Edward J. Walsh Status of Applicant: owner of business Location: (address, lot, block, subdivision) 315 University Drive Existing Zoning: C-1 General Commercial Requested Action: Renewal of parking variance Purpose: To continue operation of an arcade Applicable Ordinance Section: Section 7 -Parking SPECIAL INFORMATION: Variance Existing Parking: 1 space on University Drive and 6 designated by landlady Parking required: 7 spaces ANALYSIS: Previous Action on this Property: ATTACHMENTS: Application 5-19-81 denied 7-21-81 conditional one-year variance granted 6-15-82 variance extend for one year List of Property Owners within 200 ft. Other: Minutes of 5-19-81, 7-21-81 and 6-15-82 Map BK 1, LT l 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 77840 BK 1, 11.5' of LT 9 Boyett o. H. Boyett Estate % L. B. Vance Horseshoe Bay, Box 7807 Marble Falls, Texas 78654 BK 1, Lt 11 B Boyett L. B. Lindley P.O. Box 509 114 E. Washington Navasota,Texas 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, SE 87.44' Boyett Boyett Investment LTD 107 Boyett College Station, Texas 77840 BK 1, LT 15,16 Boyett Annie r.'Seeger Estate % Jack Boyett P.O. Box 1424 College Station, Texas 77840 BK 1, LT 17 Boyett City of College Station 1001 S. Texas Avenue College Station, Texas 77840 Page 1 C,\ 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 Boyiett 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 765Ql BK, 1, .333 of LT 27 B Boyett Jack Boyett P.O. Box 1424 College Station, Texas 77840 Page 2 ~ . . .. BK 1, .333 of Lt 27 Boyett Bess Reed 702 Cambridge Richardson, Texas 75082 BK 6,7, Lt 14 Boyett Meiller Research Inc. P.O. Drawer CB College Station, Texas 77840 TAMU James B. Bond 310 Systems Bldg. College Station, Texas 77843-1116 Page 3 ~ LEGAL NOTICE DATE(s) TO BE PUBLISHED: d/)dcS£Wf. a .l?'J 8 Cle /;2,. ;983 BILL TO: THE CITY OF COLLEGE STATION P. 0. BOX 9960 COLLEGE STATION, TX 77840 TO WHOM IT MAY CONCERN: ONLY ::? The Zoning Board of Adjustment for the City of College Station will consider a request for a variance in the name of: Edward J. Walsh 315 Unviersity Drive 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 Tuesday, October 18, 1983 The nature of the case is as follows: , Request renewal of variance for parking requ[rements as set forth in Section 7 of the Zoning Ordinance, Ordinance No, 850 at the business located at 315 University Drive , . -~ J ••• , . ~-:, .. : ~ . -~ ... Further Information is avai~able at ·the offf€e ~f the Zoning Official of the Cjty of CoJJege Station, "(409)696-8868. ·- Jane Kee Zoning Official .•' r ,,;.\. -......._ . " '\ .) ..... 'I; .... -~ ... :"-. : ' I• ... • .. '. City of College Station POST OFFICE BOX 9960 I I 0 I T EXAS AVENUE COL LEGE STATION, TEXAS 77840 Octob e r 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: ~ ... •· Edward J. Walsh 315 University Drive 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, October 18 , 1983 at 7 :00 P.M , , The nature of the case is as follow~: . ··""· Reque $t renewal of variance f9r parking requirements -as set forth in section 7 of the Zoning Ordinance, Ordinance No. 850 at the business loca t ed at 315 University Drive. ~ Further information is available at the office of the Zoning Official of the City of College Station, (409)696-8868. Jane Kee Zoning Official (_ Edward Walsh ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variances: From Section 11-B.5 . permanent move to authorize 5\variance to the yard (6-G) ----- lot width (Table A) ----- lot depth (Table A) ----- sign regulations (Section 8) ----- minimum setback (Table A) ----- XXXX parking requirements (Section 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. There ar~ nb like districts --------------------------------- 2. --------------------------------- 3. ----------------4.------------------ 4. ---------------...,........--1-.------------.----- 5. . . --------------'---'------------------ 6. : . and because a strict enforcement of the prov1s1ons of the Ordinance would result in unnecessary hardship to this applicant being: and such that the spirit of this Ordinance shall be observed and substantial justice done, subject to the following limitations: 1. --------------------------------- 2. --------------------------------- 3. --------------------------------- 4. --------------------------------- This motion was made by --"-U~ph~a~m _____________ _ Seconded by Wagner The variance......;..w~a~s.;...;..;..g_ra_n_t_e_d~b-y-t~h-e--:f~o~l~l-o-w~i-n_g_v_o_t_e_:--=5--~0-...(u_n_a_n-.-lm-ous)