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HomeMy WebLinkAbout7 ZBA October 18, 1983 Al Gutierrez Jr Var parking requireZElA-AG CERTIFIED p 5 0 5 548 521 MAIL Kathleen Stubblefield P. 0. Box 2740 College Station, TX 77840 \ I· I \ \ 5C0~~2s 4 ,' ' QHO ~D ~~ 1 . ~ l S T N O T ICE 2NONOTICE RET U R N Staff Report to ZBA (Tacos) page 2 Other: Review minutes from previous two meetings. The variance request has been significantly reduced , There is no request for a side street setback variance and the parking variance request has been reduced from 70 spaces to 18 spaces. Previous Action on this Property: ATTACHMENTS Application ZBA tabled 10-18-83 pending P&Z action. P&Z action to approve l-19-84 ZBA tabled 2-21-84 asking for less variance request. Site Plan will be available at meeting Location Map Minutes of ZBA 10-18-83 and 2-21-84 sjv ( ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variances: From Section 11-B.5 I move to authorize a variance to the ~~~~--- ard (6-G) lot width (Table A) ~~~~~ ~~~~~ lot depth (Table A) sign regulations (Section 8) ~~~~....,...... ~minimum setback (Table A) ~arking requirements (Section 7) from the terms of this ordinance as it wl11 not be contrary to the public interest, due to the following unique and special conditions of the land not no 11y found in 1 ke district : l and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant ~i"Qi, and such that and substantial J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 4. ~~~~~~~~~~~~*-"...--+-~~~~~~~~~~~~~~~~~~ This motion was made by ....... ...-~~~----~~~~~~~~~~ Seconded by The variance was granted STAFF REPORT TO: Zoning Board of Adjustment .......... DATE: June 7, 1984 FROM; Jane R. Kee, Zoning Official GENERAL INFORMATION: ,Applicant: Al Gutierrez, Tacos Al Carbon ,Status of Applicant: Owner Location: 509 Univ e rsity Drive Existing Zoning: C-1 General Commercial Requested Action: Variance to parking for 18 spaces a -I Variance to front setback of 21 feet Purpose: To enlarge the existing structure to~ 7,000 sq. ft. which would include a 160 seat restaurant and an area for pool tables. ,Applicable Ordinance Section: Section 7-C and Table A PHYSICAL CHARACTERISTICS: Lot Dimensions: See si t e plan Utjlities: adequate Access: Stasney on the east, an alley on the north and west , Topography: n/a , Existing Vegetation: n/a 1 Flood Plain: n/a SPECIAL INFORMATION Variance Setbacks Required: Front-25 ft. . - ,Adjacent Structures: Wyatt's Sporting Goods is 40 feet to the west. Existing Parking: 39 spaces ,Parkjpg Regyjred; 57 spaces Continued on Page 2 I 1. ;::;.....;....;.-..,....--.., ............. . ~ ti; ., . :. .· .. . . · ...... -~- ·' ~- • i.;, ••• . ".· . ·-,. \ .. .. ... ·.: '· 0 727 ,TTL, ~ CJ. ·.·.· .. _ 717 '"' -..... -l 3/ fF.M .'oOJ ... ' . .,.; I ]~·. J . . ; ··:_.·:.,I .... '• . . . : : .. ~· :-: ... · . .. . 1 • : / l ... · . ~t;;;;~i~7 .·.t, ... ::". ..• • • . . ' [...____~ __ IT_E_M_N_O_. _5 __ _,,,,) ( •uousr ,.,, ••• J ( •c•L•:.1":200· J TYPE OF CASE: APPEAL OF P&Z DECISION ( ZBA Minutes 10-18-83 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 1 Ike districts: This business is in the Northgate area which is unique and there are no like districts, and because a strict enforcement of the pro- visions of the ordinance would result in unnecessary hardship to this appl leant 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). i ·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 5worn 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 wtll ·lng 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. Par~ing 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 thls 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 11 Northgate 11 , curb cuts, parallel parking. Mr. Wagner stated that the City has been given 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 appli- cant Ls asking to more than double his seating with no Increase In available parking. Mr ~ MacGllvray said he bel I eves walk-In traffic ls a fact which should be considered in this -area, but It · ls not the law now and this Board has to decide what it will allow this applicant to do. Mr. Wagner asked If tabling this Item would be In order at this time until a more exact .Instructions are received, Mr. Wendt pointed out that business In that area could be dictated by seating capacity. ZBA Minutes 10-18-83 page 16 Mr. Wendt then made~ motion to table this item until an acceptable site plan is received from the applicant. Mrs. Meyer seconded the motion which carried unanimously (5-0). Mr. Wendtthen suggested that a survey of walk-in traffic on this site might be taken and presented at a later date. The appl leant agreed to present a site plan to the Planning Department for review. AGENDA ITEM NO. 9: Consideration of a request for variance to the front setback require- '· ment for the reconstruction of the burned structure at 313 University in the name of Herbert Affron. Mr. MacGllvray pointed out that the address shown (313 University) is a mistake, and should be 313 College Main. Mrs. Kee gave the background of this building, leading up to the necessity of requesting this variance which is for the front setback. She explained that this appl leant had an approved site plan but then the building burned and destruction was more than 60 % of the building. Now, in order to rebuild this building, the applicant must request a variance, as ordinance requires that any non-conformities must be brought Into compl lance when rebuilding. She pointed out that in order for the appl leant to use the portion which was not destroyed, this Board must legitimatize the front setback, which appears to be approximately 11 ft, from the property line. She further informed the Board that the original building had been larger, but available parking would I imit the amount whlch can be used, and the applicant will reconstruct ' only that portion which would comply with the available parking. Lisa Affron was sworn in and gave the history of the apprqved site plan, and spoke of the fire which destroyed the building. She stated that available parking would only allow a building of 2250 sq. ft., which is what they are planning. Discussion followed concerning what is planned with suggestions offered by the Board. Mrs. Kee assured the Board that the available parking in the rear would comply, but repeated the front setback is approxi- mately 14 ft, short of compliance. Other setbacks were discussed, with the decision made that this building sets back further than most other buildings in the area. Mr. Upham said he could 1 Ive with a setback variance which would not contribute to the parking prob- lem. Mr. MacGilvray said this building is not inconsistent with others in the area. Mr. Wagner made a motion to authorize -a variance to the minimum setback (front) in the amount of 14 feet 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 nor- mally found In 1 Ike districts: Fire~caused the need for .this variance and because a strict enforcement of the provisions of the ordfnance would result in unnecessary hardship to this appl leant. Mrs. Meyer seconded the motion which carried unanim~usly (5-0). AGENDA ITEM NO. 10: Other Business Mr. Upham announced that the City Attorney has gotten a summary judgement-against the -Shelton case, but It will probably be appealed to a higher court. Motion was made by Mr. MacGllvray to adjourn, and seconded by Mr. Wagner. Motion carried unanimously (5-0) .· APPROVED: Dan MacGilvray, Acting Chairman ATTES~: Dian Jones, City Secretary ( ( MEMBERS ATTENDING: MEMBERS ABSENT: STAFF ATTENDING: MINUTES CITY OF C0LLEGE STATION, TEXAS Zoning Board of Adjustment 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 Visttors No one spoke. AGENDA ITEM NO. 3: Consideration of variance to parking, front and side setbac k r e quirements as set forth in Ordinance Section 7 and Table A for a business at 509 Universi t y Drive. Request is tn the name of Al Gutierrez. This request was tabl e d on 10-1 -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 one 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 then explained just what the applicant intends to do and then explained the exact variant-es he is requesting. Al Guitierrez came forward and was sworn in . Mr. MacGilvray expressed surprise at the site plan proposed, stating he recalled the last hearing and the ideas expressed by the appli- 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 of 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"i n 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 had 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.lch would require as· many variances as possible. Mr. Upham went on to explain that many of the problems in Northgate have been there for many years, and that this Board ZBA Minutes 2-21-84 pC1ge 2 has been trying to find ways to live with the 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 miniting the square footage to a specific size, thus the only variance would would then be requtred 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 then 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 residence at 804 Welsh. Request is in the name of John M. Brown. Mrs. Kee explained the request concerns a l4x40 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 Brown, 804 Welsh was sworn in , Mr, MacGilvray announced to the Board and public that he (s acquainted with the applicant, but that he has not discussed this request with him. Mr. Brown told of his plans for using the bu11ding as a storage, workshop and play area for his children; that th~-building will be electrically wired to the house; that the building is not set on a foundation, but rather on skids under which 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 11 (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 permlt and would encroach the setback. He said th~t 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 tha.t the residence on the lot had been a duplex but that he had opened it up, and now the entire structure is a single ( famtly 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. Brown to poirt out somethirg unique about his situation and Mr. Brown stated that .If the butlding is placed in another direction, it will be over sewer Hnes· and existing trees will have to be destroyed. He went on to tell t:.e Board that no one will be 1 ivlng in the building, and if he is allowed to keep the building, other out buildings 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 followed, 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 the 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 that 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 Jsince Mr. Brown has converted what was a duplex to a single family 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 appl !es to the variance requested tonight, that being the required 25 foot rear setback. Mr, McGulrk 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 in like districts and there are alternatives; 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 seconded by Mr. Upham and carried unanimously (5-0). AGENDA ITEM NO. 5: Consideration of for variance to the Sign Re ulations as set forth in Ordinance 50 Section for an office building at 1408 University Drive. Request is in the 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 policy 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 review 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 regulat~ons. She then referred to another variance request by the Texana National Bank, which had been dropped when the applicant learned he could have an address or a directional sign but .that he could not have the name of the bank on that sign in an A-P district. Larry Landry, 4018 Ralnvalley Drive, Bryan, 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 .cent~r 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 ordinance may allow this type of sign: Mr. Upham informed the applicant that the proposed new sign 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 l~ave 11 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 s~ated that the sign is not an advertisement of a business, but rather identifies a spectflc piece of geography. Mrs. Cook asked City Attorney Denton if a variance is being requested or tf 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 clear definition of attached or detached signs. Assistant City Attorney Locke asked how fhis 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 necessarfly 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 action taken, has implied that the Zoning Official's inter- pretation is correct a nd this sign is a detach e d 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 requestirg that a legal discussion be placed as an agenda item on the next meeting. Further general discussion 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 ATTEST: City Secretary, Dian Jones ZONING BOARD OF ADJUSTMENT Name of Applicant A-L ~f.E...D ~ -r, IE RRe~ ---..Jg.. Mailing Address :)O 9 { 1 Al Ill· lJ If .. Phone 8~ ~ -"S8 2-Y -.. -· Location: Lot Bloc k Subdivision ---------- Description, If applicable ----------------------~ Action Reques t ed: C:Se.T Ac:KS ti -~----'~V~~~~~t~~~G~£~'-:7-~f-'-=:<i-::::i~~""'""'....,,....;.~+-;--=-"-"-=;r-:~,__...""--'--'-=--=-=-_, Present Zoning of Land in question Applicable ordinance section 7-G NAME ADDRESS (From current tax rolls, College Station Ta x· Assessor) ZONING BOARD OF ADJUSTMENT COMPLETE THE FOLLOWING FOR A VARIANCE REQUEST. I I I bF 70 This variance is necessary due to the following unique and special conditions of the land not found in like districts: ~ Mos-r o F lSus1tJr.:SS !& W4L I< /N -~a svu€S~ J4..ttflJ (J.J l Al?. L }.J u-r Al ?£E5GAJ I ~LL 7' · (//IL/~/A.16 ow& fter.~ ?Arti::.11\)~ 'SQ?Ac.£, 5. -ziN_it.F-(~ /Jt-£1> [<J12-Alt 6 flL f?c..ZA-1 L ~~&<-£. Aa;;:A~J 1J+L LA:ND A;JA1 L-A~kL < ~ f>i-zt:EME..LY L1M1-nrD. State the unnecessary hardship involved by meeting the provisions of the ordinance (other than financial). ( ' )>'-'.i---~ TH~ A-1? ~ V~ £) M.W Tio/\/ £JI>. {)J '-4=°l:£L ---t\l1\.,-\).)er±\ 04 ...,.-THI-1?Jt€ \L 1 t) 6' -.d:-% T Z?dc K. tl.fd2 t frtJ~ l).) TL l1 "!)'-". \... b ~()I "1':c AB\..£. ~ l>)G:PM D A ~<o ~\.\.L-LY u.,-, L\t{ :f\\JA\ L~ Lt: ~~ ~< l.l\O"'-LD 0 'Cl-, fn'; The following alternatives to the r~quested variance are P.Ossible:Aal£.. ro~ tJ ~ ·-. ---=--: ~,(1-1:..<Cte/ l M ?~vGM~~/5 lo e~ tiA~c.t.. ..,H.fL-AW~r:\{l-AAI r~ OE r'H.lc; c.)>(lo~"'T'f. I w E ~ t> £.. To f-l A tJ f._ [)IJ L () t=-Ttt E._ JJ I c. £ R l-oo ~ IN ' A ~ l> A-7f !,(¥::()tilt ~'B\.\.1L.btU6$' nN 'AD~Ttt ~AT£ Af-"-A . -ff[,~ Wtt.L B£ 6oub t:o R.. es .. ~ The facts stated by me in this application are true and coffe~"f!.5~~{u:'t,;,~~:~~,~L Applicant Date -2- f ( I .· . -. : .. . . .. ·. . : ....... ..., . .. -I .. !·;~'·.~· .... / ·, .· / · ··. I . ~ -. ··:-.... I . : . . . ". . .. ,.: ;-·.: ·I.· .. :·l ·1 ~---··r-··-~~·._;J t ;.·· .. · .. ·.:-:·--1 . ···c:-' .-·· . ·:. . : . .• : . . . . . .· I . .J ITEM N·Q.· 3 ] -..,I [ [ -FEBRUARY 21, 1984 • SCALE: 1'':200' TYPE OF CASE: VARIANCE PARKING, SETBACKS (Front &Side) ) STAFF REPORT TO: ZBA DATE: FROM: _J Q..L Zo GENERAL INFORMATION: Applicant: Status of Applicant: Location: (Address, Lot, Block, Subdivision) 5oq ()j1,jv r?1'-h.r Qr,v Existing Zoning: -I Ge &.&al Lom mc AoaJ Requested Action: \JQ.M0 11 <'£--Jo ~o--tl';'i kl l BS,rJ<:<c e /b UOuiou1 CL Jo '-C QI\+ ~d-o+ 2 11 Purpose: (),A Applicable Ordinance Section: PHYSICAL CHARACTERISTICS: Lot Dimensions: M L 21'Je v1~­ ' Utilities: _{!~d:ut:.....:.-1.µ.t L!.1 (1~=------------------------ h l) Access: + Topography: Existing Vegetation: Flood Plain: AO-<-+>'---------------------------~ Other: SPECIAL INFORMATION: Existing Parking: Parking Other: a ~ Existing Us Proposed Use ---------~ Variance Parking quired ~------~ Area of Non-Conforming Building ~----~~---- Area of Expansion ----------~ Appraised Value ANALYSIS: Alternatives: Hardship: Ordinance Intent: plication List of Property Owners within 200 ft. Si js:-Plan I a ~ ~l(,2b~ CL>J-MJU:>h,_q yl'.:'6 cation Map · I Other: r1 ti«<1 J ee pf 2B4 1v-rn -i3c;u.pR_ 2 -zt-'6 '1 Cost of Recons uction ------ 0/) STAFF REPORT TO: Zoning Board of Adjustment DATE: February 10, 1984 FROM: Jane R. Kee, Zoning Official GENERAL INFORMATION: Applicant: Al Gutierrez Status of Applicant: owner of Tacos Al Carbon Location: (Address, Lot, Block, Subdivision) 509 University Existing Zoning: C-l General Commercial Requested Action: Variance to parking (variance for 70 spaces) Variance to front and side setbacks; 21 ft. & ll ft. respectively. Purpose: To enlarge the existing structure to two stories of retail (l0,636 sq. ft.) and restaurant space (3,000 sg. ft.) Applicable Ordinance Section: Section 7-C Table A PHYSICAL CHARACTERISTICS: See site plan . i . Lot Dimensions: Utilities: n/a Access: will be from Stasney and an alley to the east Topography: n/a --'-'-''-=-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~- Existing Vegetation: n a ~....;..:..<--=-~~~~~~~~~~~~~~~~~~~~~~~~~~ Flood Plain: n a Other: SPECIAL INFORMATION: Variance Setbacks Required: Front 25 ft; side street 15 ft. Adjacent Structures: Wyatt's Sporting go0ds is approximately 40 feet to the east. Parking Required: 42 proposed; 112 required Other: Use Permit Existing Use ~~~~~~~~~~- Parking Required ~~~~~~~~- Proposed Use ~~~~~~~~~~- Parking Required ~~~~~~~~- Area of Non-Conforming Building ~~~~~~~~~~~~ Area of Expansion ~~~~~~~~~~~~ Greater than 25 % ~~~~~~~~- Appraised Value Cost of Reconstruction ANALYSIS: Alternatives: Hardship: . i . Ordinance Intent: Previous Action on this Property: Tabled 10-18-83 pending P&Z Action on acceptable ATTACHMENTS: xApplication site plan. P&Z action 1-19-84 xList of Property Owners within 200 ft. Site Plan on wall xLocatior. Map Other: P&Z Minutes (1-19-84) ZBA Minutes 10-18-83 K 5~~.,:,_,LT 10, 11 . Boyett BK ~..5 ,.-L T -~ pt_oL .. .3 A&M Methodist Church 417 University Dr. College Station, TX 77840 BK 5, LT pt 1 '-""'Tauber Ted Wyatt 505 University Dr. Colleg ~ 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 q Kathleen Stubblefield P . 0. Box .2 7 4 0 College Station, TX 77840 v"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 ,,, BK 6, LT 6 Tauber Kelley S, Broach P. 0. Box 3819 Bryan,.TX 77801 ... . . .. . • -··: .. ~.>::-':.:~..;~ ... :. .. " .•. ~·· :-· ' ;. .:.»-~~~.: .. ~~ ..... ~ .. -:·: . "!-:.::'.,: BK 1, LT lOA Replat Tauber Phillip B. Goode P.O. Drawer DT College Station, TX 77840 TAMU v James B. Bond 319 Systems Bldg. .. College Station, TX 77843-1116 -.-. r' '!'· .,. ·:. -... :~ ... , ·~· ' .r,.::·-.. ~ .. :.( :: . !, ·-•...• -· .. _ .. · . -·· ...... . . ·. ·; .~~· ~. -• . . _.r . · .. '"·t.-~}~ ·-·-., ... ~:-. : :.· -. ~- .·' ·' : ._· ·,. '":· .. ~{. ~-... · .. .,· : '." . :_-. .:~· . ' ::· . .-.· . :-:-:.·lt~;z.f •. ·;: .~ '? ··~j~~- .. -:~~'.~~~:. ~ -~ -~:z~~-: ··:' . ·.·.;.~~~~-~--~~~- ' .. · .. ,_ .. -~ .... ~:' .... -. . --~ ... ':·-~-=;:-.. _.:--~=-.. ~ . . -. ~-: :.\ "'.. ,"' .. · .. ; .. J~;X,i ~:4~f~ji:~;~~~"~11t. STAFF REPORT TO: DATE: FROM: GENERAL INFORMATION: Applicant: Al Status of Applicant: Lo ca t i on : (Address , Lot, Bl o ck , Sub di vi s i on ) _5~01~-(~) ....... M-'--', ......,,)'-".12.__,74~.c.~>~'--={>-+T----"b"'"-'-c--'--. __ _ Existin g Zoning: Requested Action: \)Q 4 ! 0 l\.(R. Applicable Ordinance Section: 6.ec J-; 0 0 (-C. , ~~ A PHYSICAL CHARACTERISTICS: Lot Dimensions: Utilities: Access : ,,, ·, ~ kL lib. "1 aJ. a.. a.e Q,,f Jr, Y!?.~ d!, ad;: Topography: ___,0~/i~/4_,____ _______________________ _ Existing Vegetation: Flood Plain: Other: SPECIAL INFORMATION: Variance Setbacks Required: l=fn/\+ .:i-6\ S ~hS4-re "d l6 1 Adj a cent Structures : \,lJ 'jOJs ~£ 1 Jory;{l j-, tvf f"''K . '1. o' .J. y/,_ ,oa-s+ Existing Parking:3~~f -~~p~a~c~e~~~-------------------~ Parking Required: ~ F'o po'SR+R l l2. reit.Ur d Other: Area A lterna ti ves: Hardship: Ordinance Intent: Previous Action on this Property: ATTACHMENTS: ~cation ~t of Property Owners within 200 ft. Use Permit Required than 25 % Site Plan f.>.)tLL ~E.. <GAlt-l t_ (J....)M...,(_ t,l-Oc ation M~p Other: Pr2M ;MJWU-1q -0fJ 7'64 ,MAM ~10 I, .l. 7 -------- -------- February 13, 1984 Mr, Al Gutierrez Tacos Al Carbon City of College Station POST O F F ICE BOX 9960 11 0 1 TEXAS A V ENUE COLLEGE STATION, T EXAS 77840-2499 509 University Drive College Station, TX 77840 Dear Mr. Gutierrez: The Zoning Board of Adjustment will reconsider your request for variance to parking,-front and side setback requirements as set forth in Ordinance 850 on Tuesday, February 21, 1984 at 7:00 P .M. The meeting will be held in the City Hall Council Room, 1101 Texas Avenue fn College Station, - Sincerely, ~ ~~ Zoning Off fcial JRK/sjv J ;. ;• ZOi\ .me BOARD OF ADJUSn1ENT FILE NO. Location: Lot Block Subdivision ---------- Description, If applicable ------------------------- Action requested: A'J>})) l/ ucJ ~ L M3 L ~ S c:A 1-.JJJ Q)Q_ S~A fi,<J 6 c Af f\ cl i.cy NAME ADDRESS (From current tax rolls, College Station Tax Assessor) ~-. ., _;.-ZONING BO"\RD OF ,\D.Tl.JST?·!ENT FILE NO. ,. . Present zonir-.g of land in question C -/ ---=----'----------:----~ Section of ordinance from ~hich variance is sou~~t -----t---------- T he following specific variation from the ordina:!ce is regues ted: ~ /JJC}CM. S£ 5'>fVrt/;J ~ 0 A-(i>Pr C( ry-C( ?z u (H I 11) s I Dt-f+N i) DLlTs1 D£ OP--rt-t~ ~ cAT?o~ itlow ?Rtc5EAJILY % :=:-3o ~oR~ £A'6 L..IU-<fti!. 5 <(>~ vJ~Ll<. Cl\l-~ Mt:~ p ck.-40 ~ep-K 1 w~ >PA-crz $ This variance is necessary due to the followin g uniqt!e and spE!cial conditions of th~ ~=n E:cts~ j ,,SC) MAK l4 ]?E})~S:[{2 j j\AJ ArJD ~ \ c_y~L£ ye.A--£1=:\c_ t\-Nl T~ t?}<,ST1N" <J?&C<\~1106 {¥-Efl. \5 kl~\J ~R-'"}-1Lt.ia} (o Ct1trvA-c_1TJ., . C.OA~\l ,J· TtLJH+tc 15 ~ Ooo/o a{ 7'1A>iAl65: This variance will not be contrary to the public interest by virtue of the following f~ct~: , , w' '--L A.la T £1?-tm!io n 7.R/!FF/ c_ Co» 6 ES-U ().;J tl-AJ~ w ( L-L I MG>f2-o \) ~ The facts st2.tecl by 1J1e in this applicat:i._.on are l/LflllEJ:>o' T/f'~~-;, Ac.. CA-R_f!o~ :rce a~d corr ect . Lo fs---lt:? I I Date ( LEGAL NOT I C.E DATE(s) TO BE PUBLISHED: 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: Al Gutie r rez -Tacos Al Carbon 509 Univer?ity Drive , .. Coll e g_e Station, TX 77840 ;: Said case will be heard by the Board at their regular meeting in the Council Room, College Station City Hall, 1101 Te x as Avenu e at 7:00 P.H. on Tuesday, February 21, 1984. The nature of the case is as follows: Var f ance request to parking and front and ~side setbac k re s t~ictions as set forth in Ordinance 850 Section 7 and Table A for -a business at 509 University Drive , , -, .I ! ~. -'~ :: ,:_. . -· ... i,=: -f : .. \ Further information is available ~t ·the &ffice ~f the Zoning Official of the City of Coll~ge Station, "(40.9)696-8868. Jane Kee Zoning Official ... •"'.'-.•. :l ., ... · -· . . . .: ~ ' .... ,·· . . ~ .. .. ..... ; . .-:.:_\/:- ~-· .. ·. -·: --~. -· . ·· ... : ~- -~~r -·-.. _ ~:~ · . . . · -~-. : ;'-::;.~:;.:;' : ·:., <·: '. ... , ~:t..a t _ ... ... :·:··-· . . . -· ··~ . . . :. ciM~~~~Jl:~x&i~~ii~1~i;.i'.i~l~li; • City of College Station POST OFFICE BOX 9960 I I O I TEXAS AVENUE COLLEGE STATION, TEXAS 77840 February 13, 1984 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: Al ~~ti8rr~~ -Tacos Al Carbon -- 509 University Drive ColleQe Station, TX 77840 Said case will be heard by the Board at their regular meeting in the Council Roo m, College Station City Hall, 1101 Texas Avenue on Tuesday, Feb ruary 21, 1984 at 7:00 P.M. ~ The nature of the case is as fo 1,.1 ows: (: Va ria nce r e quest to parking and ~ront anef side setback restrictinns as set forth in Ordinance 850 Section 1 and Table A for a business at 509 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 ZONING BOARD OF ADJUSTMENT FILING PROCEDURES Introduction: The Zoning Board of Adjustment (ZBA) hears requests for variances and use permits, and considers appeals from decisions of the Zoning Official. The Board is a fact finding body which must determine the existence of unique and special conditions of the land which create an undue hardship other than financial ~for the applicant in order to grant variances. The Board makes policy considerations in deciding appeals and in the consideration of use permits. Positive action by the Board requires an affirmative vote by 4 of the 5 members. Recourse from decisions of this Board is to a Court of Law. Appeals must be made within 10 days of the Board's decision. (1) In order for the Board to considei a case, there must be on file with the Zoning Official a completed application. (2) The complete application must be received by the Zoning Official no later than noon on the Wednesday preceeding the publication date. (3) Fees: There is an application fee required of $10.00 for each application plus $2.00 for every property owner within 200 feet. This fee must be paid at the Tax Office and turned in with the application to the Zoning / Official. This fee covers notification costs and is subject to change as rates increase. THE TAX OFFICE NEEDS AT LEAST 48 HOURS NOTICE TO PRODUCE A LIST OF TAXPAYERS WITHIN 200 FEET OF THE SUBJECT PROPERTY. (4) The applicant must be present at the meeting of the Zoning Board of Adjustment meeting for the application to be considered. (5) There will be no item placed on the Board agenda nor any notice published until all of the materials mentioned above are complete and in hand. We provide!lo materials to the Board in support of a request except that which we receive from the applicant.and can reproduce in-house (8 1/2 X 14 maximum size, line work).~ , ·:·I . : . Application; Page 1 ·. (a) (b) (c) (d) 1 .• Must be typed by the appi"icant. ·, ·. Owners within 200 feet must be determined by the Tax Office. Owners, whose property in any part falls witnin the 200 foot distance .should be listed. Measurement starts from the property line of the lot or tract in question, or, if the tract is bounded by a street, from the opposite side of the street. The names and addresses must be as they appear on the City Tax Rolls, even if they are wrong or out of date. ____ Additional notices will be sent to any corrected address the applicant supplies, when he feels there is an error with the tax ~olls. Application; Pages 2, 3, 4 (a) The Zoning Official will assist you in finding the zoning of the tract and identifying the section of the ordinance. (b) Pages 2, 3, and 4 address themselves to the information that the Board must have in order to consider a request. If the Board cannot agree with any one of these, they will not be able to grant the request. (c) If you cannot fully explain your request by the questions asked on the form, a letter will be required, explainin g the full implications of the request. The application will not be considered completed until this letter is submitted. (7) The application must be reviewed by the Zoning Official before it can be considered completed and filed. Notice will be given to the applicant as to this consideration. (8) It is the responsibility of the applicant to complete all phases of the application filing and to check to be sure his application is considered complete by the Zoning Official. (9) The applicant will be notified as to the date the application will be considered by certified mail. There will be no other reminders of the meeting, other than when the applicant phones the office. (10) Notice of the hearing will be published on the Wednesday preceeding the meeting and will be mailed by the office of the Zoning Official to the owners within 200 f~et and the applicant. The complete application must be received by noon on the Wednesday preceeding the date of publication in order for us to meet the publisher's deadline. (11). Should any person desire to appeal a decision of the Board, he should do so within 10 days after the filing of the decision. The chairman will complete his statement of findings after the hearing which will constitute filing of the decision. A duplicate tape of the proceedings will be made available to the applicant's attorney upon request and upon receipt of compensation for the 120 minute cassettes used for the duplication. No transcript is made of the hearings . Minutes of the proceedings are paraphrased as appropriate, in the judgement of the recorder, to reflect points of the discussion pertinent to the decisions rendered. The following dates reflect applicatfon .(fe ~dlines for future Z.B.A. meetings . ,; .. .. -·~ . . DEADLINE MEETING DATE r€B. B-N o oN Pf::B . :;t ("Sf STAFF REPORT To: Zoning Board of Adjustment DATE: October 10, 1983 FROM: Jane R. Kee, Zoning Official GENERAL INFORMATION: Applicant: Al Gutierrez Status of Applicant: owner of Tacos Al Carbon Location: (address, lot, block, subdivision) 509 University Drive Existing Zoning: C-1 General Commercial Requested Action: parking variance Purpose: To provide an additional 30 tables (120 seats) Applicable Ordinance Section: Section 7 -Parking Requirements SPECIAL INFORMATION: Variance Existing Parking: 33 spaces available for 99 seats Parking Required: An additional 120 seats requires 40 parking spaces PHYSICAL CHARACTERISTICS: Access: University Drive, Stasney, side alley ANALYSIS: Alternatives: Not add any additional seating (I explained to Mr. Gutierrez Council's action on 9/22/83 regarding 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 LEGAL NOTICE DATE(s) TO BE PUBLISHED:~~ a7&/.'3t;";f? /0$ t_'!if?3 BILL TO: THE CITY OF COLLEGE STATION P. 0. BOX 9960 COLLEGE STATION, TX 77840 TO WHOM IT MAY CONCERN: ONLY 2-_ The Zoning Board of Adjustment for ihe City of College Station will consider a request for a variance in the name of : Al Gutierrez Jr. Alfredo's Jaccs Al Carbon ... .. ~ ,,.-,,;" 509 Unive t si t y Drive College Stat i on, TX 77840 Said case will be heard by th e Board at their regular meeting in thi 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 variance to parking requirements as required by Section 7 of the Zoning Ordinance, Ord i nance 850 at the commercial location at 509 University Drive . . ~ :,~. . f .. l' Further information is available ~t ·the offiie '6f the Zoning , . Station, 1409)696-8868. Jane Kee Zoning Official Official ,of the CJ ty of Co .1J ege -:..,_ ' ' ,/ City of College Station POST OFFICE BOX 9960 I I 0 I TEXAS AVE NUE COLLEGE STATION, TEXAS 7 7840 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: • • Al Gutierrez Jr. Alfredo's Tacos Al Carbon 509 University Drive College Station, TX 77840 Said case will be heard by the Board at their regular meeting in the Council Roo m, College Station City Hall, 1101 Texas Avenue on Tuesday, Oct?ber 18, 1983 at 7:00 P .M . ,"' The nature of t~e case is as .fol J.,ows: Request variance to ~arkin~ r e quirements as required by Sec t ion 7 of the Zoning Ordina~~e, Or~inance 850 at the com mercial location a t 509 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 STAFF REPORT TO: Zoning Board of Adjustment DATE: FROM: Jane R. Kee, Zoning Official GENERAL INFORMATION: Applicant: Al 611 +ie r re.z. Status of Applicant: Q /),,)Ct .e.r o+ Jaros Location: (address, lot, block, subdivision) Existing Zoning: C,-1 <0€<LJ'~ ~nNulA'af) Requested Action: q:2@ lu '4 L)~a,,d' Purpose: Applicable Ordinance Section: SPECIAL INFORMATION: Variance Setbacks Required: Adjacent Structures: Existing Parking: Parking Required: Utilities: Other: Use Permit Existing Use I 0-lo-~..3 Proposed Use----~~----~~~~-Parking Required~-~~~~~~~- Area of Non-Conforming Building -~~~~~~~~~- Area of Expansion Greater than 25 % --~----~--~~ ~~~~--~~~~- Appraised Value ---~-----~~ Cost of Reconstruction ------- Staff Report (Continued) Page 2 Date: PHYSICAL CHARACTERISTICS: Lot Dimensions: Access: Appeals -- ____!9-p.o.g-Fa·p-hy-:-_________________________________ _ E "..s-t: • g Vegetation: ----:--Floodt'la 1 n: ANALYSIS: Hardship: Ordinance Intent: Previous Action on this Property: ATTACHMENTS: vAppl ication v1 ist of Property Owners within 200 . ft. Site Plan Other: MD-f ( Al Guiterrez Motion was made to table this item until an acceptable site plan is received from the applicant. unanimously (5-0). November 1, 1983 Ch acGI lvray Date