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Home My WebLink About9 ZBA Lone Star YogurtZBA-Yogurt ~-~~City of College Station ~ ~ POST OFFICE BOX 9960 COLLEGE STATION, TE;~.~ --cLJlll M CH£CI(. HO· zNNOTIC£ { O· y )_ -R£TUl'H ~"°"' PSFocmll'.,_,. Oct.1980 -Johnnie W. Ho l i ck · 308 Tee Drive Bryan, TX 77801 ( ' . f ZOi\lN'G IIO :\RD OF ADJUSnlENT FILE NO. Name of Applicant ~=L~o_n_e~S _ta_r~Y_o~g~u_r_t__;C~o_m~p_a_n~y~~~~~~~~~~~~~~~~~~~ Mailing Address 8526 Vedor, P.O. Box 32908, San Antonio, TX 78216 -~~~~~~~~~~~~~~~~~---:__--~~~~--~-~ Ph one (local) 696-5308 l #o~ efM.o Location: Lo t 8-9 Block 2 Subdivision Boyett --- Description , If applicab l e ___ 4 _1 _1 _U_n_1_·v_e_r_s_1_·t~y_D_r_i_v_e ______ ~-~~-----~ Action requested: Renewal of Conditional Variance NAHE ADDRESS (Fro m current tax rolls, College Sta tion Tax Asses s or) ~~~~~-~--~---~-~~-~~~~--~~~~~-~-----~~--~~-~ zm:rnc BO,\RD or i\D.IU ST ;·!EN T FI LE NO . P re sen t zon icg of l and in q u e s t i on Se c t i o n o f o rdi~a n ce from wh ic h va rian ce i s s oug~t 7-~ The f ollowin g sp e c ific var ia t ion f r om th e or d in enc e i s re q 11est e d: (5 ee-a±tach ed. ld+e.r5) Thi s va r iance is n e c ess ary du e to t he f o l l ow i ng uni q ue a n d spec ial condi t i o n s of th e l a nd not found i n 'like di s trict s : Th e f ollowin g a lt ernative s to the requ e sted v a r ianc e are po ssibl e; Thi s varian c e will n o t be contra r y to the pubt ic int e re s t by v irtue of t h e foll owi n g " f~cts: th is ;:ipplica t i on are ::::-c e a :t cl cor rec t . Da t e g :u~-::~ ~ - « )~ ~ _) r:: I /' I I -------.J [~_l_TE_M_NO_. _ ____..)( CASE NO . ) ( SCALE , 1",600 " ) TYPE OF CASE: Renewal ·of ·conditional Va~iance · STAFF REPORT TO: Zoning Board of Adjustment DATE: October 10, 1983 FROM: Jane R. Kee, Zoning Official GENERAL INFORMATION: Applicant: Florence Guido DiBrito Status of App licant: owner of business Location: (address , lot, block, subdivision) Lots 8-9 Block 2, Boyett 411 University Drive Existing Zoning: C-1 General Commercial Requested Action: Renewal of parking variance to allow no more than 30 seats requiring 10 parking spaces Purpose: To contiriue operation of business -Yogurt Pump Applicable Ordinance Section: Section 7 -Parking SPECIAL INFORMATION: Variance Parking Required: Variance previously granted on 7/20/82 for 10 spaces ANALYSIS: Previous Action on this Property: ATTACHMENTS: Application List of Property Owners within 200 ft. Other: Minutes of 7/20/82 and 7/19/83 7-20-82 conditional one year variance granted 7-19-83 tabled until direction received from Council and moratorium ends Letters from Mrs. Guido DiBrito and E.S. Camp Map City of College Station POST OFFICE BOX 9960 1101 TEXAS AVE UE COLLEGE STATION, TEXAS 77840-2499 July 13, 1983 MEMORANDUM TO : FROM: SUBJECT: Zoning Board of Adjustment ~. Jane R. Kee, Zoning Off icia~ The Yogurt Pump request for renewal of variance On July 20, 1982 the Board granted a conditional one year parking variance for 10 spaces to 411 University Drive, At that time the applicant was Centex Subway, The applicant decided not to utilize the variance and based on advice from the City Attorney (see attached memorandum dated Nov. 12, 1982) the staff allowed the Yogurt Pump to utilize the conditional varfance. ·As of July 20, 1983, the Yogurt Pump will no longer have a variance and ls coming before the Board to request one. Attached to the appl I cation are minutes from 1ast year's meetings when this item was considered, Also Included are two letters, one from the Yogurt Pump and one from the landlord, Mrs, Camp. sjv : . / I City of College Station POST OFFICE BOX 9960 1101 TEXAS AVENU E COLLEGE STATION. TEXAS 77840 November 12, 1 982 MEMORANDUM TO: FROM: SUBJECT: Lowell F. Denton, City Attorney ; Jane R. Kee, Zoning Official::J,<: , I I Variances (./ In July the ZBA granted a conditional one-:year variance to Centex Subway Sandwich Shop to locate at 411 University Drive. The variance requested and granted was for ten (10) parking spaces. Mr. Camp owns the building and has recently been informed by Mr. Callihan (the . applicant for Centex) that the Subway will not be locating in Northgate. Mr. Camp asked the staff if the variance granted was to the applicant or to the building. The decision is that the variance, with any and all conditions, applies to the building for the use proposed (in this case a restaurant). Therefore, another individual with a restaurant requiring ten (10) parking spaces coul9 occupy the building until the conditional one year is ended . Please give this your careful thought and consideration and review the staff's decision. Thank you. .. -·· ... "' •.. '"l •• BOYETT BK 1, LT lA, 2A Loupot, J.E. 1201 Walton College Station, TX 77840 BK 1, LT lB, 2B George H. Boyett 107 Boyett College Station, TX 77840 BK 1, LT 3,4,5 Mitchell, A. Estate % H. Mitchell 107 Pershing College Station, TX 77840 BK 1, LT 6 Martin, Helen S. P.O. Box 2 College Station, TX 77841 BK 1, LT 7,21,22 Boyett, O.H. Estate % L.B. Vance Horseshoe Bay Box 7807 Marble Falls, TX 78654 BK 1, LT 20 Presbyterian Church 301 Church Ave. N. College Station, TX 77840 BK 1, LT 23 Palomino Enterprises P.O. Box 436 College Station, TX 77840 BK 2, LT 1,2,3, pt 4 Shelton, Fred B. Jr. % Shelton Studios Inc. 3107 N. Haskell Ave. Dallas, TX 75204 BK .2, LT pt of 4, 5 Sorrels, Hornak & Hornak 7919 Braesmeadow Houston, TX 77071 BK 2, LT pt 5 Holick, Johnnie W. 308 Tee Dr. Bryan, TX 77801 BK 2, LT 6,7 Lauterstein, J.B. % Glenda Alter 153 Rilla Vista Dr. San Antonio, TX 78216 BK 2, LT 10, 11 A&M Methodist Church 417 University Dr. College Station, TX 77840 BK 2, LT 12 & BK 3, LT l First Baptist Church 200 College Main College Station, TX 77840 July 1, 1983 Ms. Jane R. Kee Zoning Official Zoning Board of Adjustment City of College Station P. 0. Box 9960 College Station, Texas 77840-2499 Dear Ms. Kee: This is in regard to the Conditional Variance for the Lone Star Yogurt Company (formerly the Yogurt Pump) at 411 University Drive which expires July 20, 1983. At this time, we would like to request renewal of this variance. We believe that an overwhelming majority of our customers come into our store because ·they are walking down University Drive or drive to the Northgate area to patronize area merchants. Since summer session began at Texas A&M University and the dormitories at the north end of campus have c l osed, our business has dropped by two-thirds. We believe this to be an indication of the percentage of business that walks across the street into our store. Enclosed is the information you requested. If I can be of further assistance, please do not hesitate to contact me at 696-5308 or 846-4566. I will be representing the store owner, Mr. Brazos Guido, at the July 19 meeting of the Zoning Board of Adjustment. Could you please notify me of the time and place of this meeting? Sine~ ~OJ ~ ~rence Guido-biBrito · Manager, Lone Star Yogurt Company "AT THE NORTH GATE" 409 UNIVERSITY DRIVE • POST OFFICE DRAWER CT • TELEPHONE (713) 846-4818 COLLEGE STATION , TEXAS 77840 June 30, 1983 Mrs. Vi Burke Cooke Chairperson, Zoning Board of Adjustment City of College Station College Station, Texas 77840 Dear Mrs. Cooke: This letter will reach you attached to a zoning variance request submitted by Lone Star Yogurt located at 411 University Drive. Their request is for a renewal of the one-year parking variance under which they are currently operating. As landlord to and business neighbor of Lone Star Yogurt, I have monitored their parking needs very closely during the past year. It appears that they have in no way aggravated the North Gate parking problem. A great deal of their customers walk across University Drive from the dormitories located on the north side of the campus. Also, since their product is an impulse item, most of their customers who arrived at North Gate by automobile came to visit another business. I believe a permanent variance should be issued in light of the past year's performance by Lone Star Yogurt. Sincerely, ~A?~ E. S. Camp LEGAL NOTICE DATE(s) TO BE PUBLISHED: do.Jeso/Jt: l'Jcrzi8ee /~. /983 BILL TO: THE CITY OF COLLEGE STATION P. 0. BOX 9960 COLLEGE STATION, TX 77840 TO WHOM IT MAY CONCERN: ONLY 3!: The Zoning Board of Adjustment for the City of College Station will consider a request for a variance in the name of: I one Star Yog11rt Company 8526 \fedar .. San Antonio, TX 78216 $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: Renewal of a variance"to l the parking requirements as set forth ih Section 7 of the Zoning Ordinance, Ordinance Nq. 850 at the ~business located at 411 University Drive. -.; ·. :·!.. ·. ·. f ,. -~ Further information is available at ·the office of the Zoning Official of th~ C_J ty o!_ CoLlege · Station, '(409)696-8868. 1 -••..•. .:.-:_~:~-;,_~: ~'.-\~ "' . '. -~ J~-n~ ''Kee -"'-. _,_--;~~(· -. Zoning Official City of College Station POST OFFICE BOX 9960 I I 0 I TEXAS AVENUE COL LEGE STATION, T EXAS 77840 October l 0 , 1983 TO WHOM IT MAY CONCERN: The Zoning Board of Adjustment for the City of College Station will conside r a request for a variance in the name of: Lone Star Yogurt Co mpany 8526 Vedor P , 0. Box 32908 San Antonio, TX 78216 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, October 18, 1983 at 7:00 P.M. ~ The nature of the case is as fo l;-1 ows: f~ ' . Renewal of a variance l o the p~rking requirements as set forth in Section 7 of the Zoning Ordinance, Ordinance No. 850 at-the business located at 411 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: /D-to-<is.B FROM : Jane R. Kee, Zoning Official GENERAL INFORMATION: Applicant : F \ore,nc.e.. bwdo Status of Applicant: Location : (address, lot, block, subdivision) {p f5 'R-9 f.,/dz... J.f 11 UA.Avu ~J1 Dr, I Existing Zoning : C-\ Go e ~ Lor, fll\P ,,lu·a.D Requested Action: Purpose : Applicable Ordinance Section: SPECIAL INFORMATION: Variance Setbacks Required: Adjacent Structures: Existing Parking: Parking Required: Utilities: Other: Use Permit Existing Use ~~~~~~~~~~~~~~- Parking Required Proposed Use Parking Required ~~~~~~~~~~~~~~~ Area of Non-Conforming Building Area of Expansion Appraised Value Cost of Reconstruction ~~~~~~~~~~~ Staff Report (Continued) Page 2 Date: .,-·- Appeals PHYSICAL CHARACTERISTICS : Lot Dimensions : Access: Topography: Existing Vegetation: Flood Plain: ANALYSIS: Alternatives : ";. 1 '·· Hardship: Ordinance Intent: Previous Action on thi s Property: ATTACHMENTS: p 1 i cat ion ist of Property Owners within 200 ft. Site Plan 0 the r : Mei LU A a.C 1-2-o -~ 'Z.. a "-4 '"7-lj -lt-J ~-f+e.rJ~o,,,, vYl<~ bw)o-D;Mfo CUtJ E.5 .&""'f -- ) ) ) MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: AGENDA ITEM NO. l: MINUTES City of College Station, Texas Zoning Board of Adjustment May 18, 1982 7:00 P.M. Board Chairman Cook, Members Wagner, Upham, Donahue and Alternate Member Lindsay D. MacGilvray and Council Liaison P. Boughton Mayor Halter (for administering Oath of Office) ,Zoning Official Kee, Zoning Inspector Keigley, Assistant Director of Planning Callaway, and Planning Technician Volk Swearing in of new members. Mayor Halter administered the oath of office to new members Mary Kaye Donahue and Hugh Lindsay, and to re-appointed members Jack Upham and Gale Wagner. AGENDA ITEM NO. 2: Approval of Minutes from April 20, 1982. Mr. Wagner made a motion to approve the minutes, Mrs. Cook seconded the motion. Motion carried unanimously. AGENDA ITEM NO. 3: Consideration of a Variance Request to Section 8 -Ordi- nance 850 -Parking Requirements for a sandwich shop at 411 University Drive in the name of Centex Subway, Inc. Mrs. Cook recommended that this item and item #6 be tabled until staff, City Council and ZBA members have a chance to do a thorough study of the Northgate area. Discussion followed with Jack Boyett, who spoke from the floor, indica- ting that he had made the trip to gain information concerning what had been proposed in the Northgate area. Mrs. Cook indicated that she was aware of this, and that the City appreciated his concern, but that the ZBA with the ~ew mem- bers was not in a position to discuss the matter at hand until further study could be made. Mr. Wagner made a motion to table both Items 3 and 6 on the Agenda. Mrs. Donahue seconded the motion. Motion carried unanimously. AGENDA ITEM NO. 4: Consideration of a Variance Request to Table A -Ordinance 850 -Minimum Setback Requirements for a residence at 305 Pershing in the name of Michael Murphy. Mrs. Cook pointed out that this item had been tabled during the meeting on April 20, 1982. Jack Upham then moved to remove this item from its tabled state; Mr. Lindsay seconded the motion. Motion to remove item from tabled stated carried unanimously. ) ) MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: AGENDA ITEM NO. l: MINUTES City of College Station, Texas Zoning Board of Adjustment June 15, 1982 7:00 P.M. Board Chairman Cook, Members Wagner, Upham, Donahue and Alternate Member Lindsay; also Council Liaison Boughton D. MacGilvray Director of Planning Mayo, Assistant Director of Planning Callaway, Zoning Official Kee and Planning Technician Volk Approval of Minutes from May 18, 1982. Mr. Upham moved to approve the minutes; Mr. Wagner seconded. Motion carried unanimously. AGENDA ITEM NO. 2: Reconsideration of a Variance Request to Section 8 -Ord- inance 850 -Parking Requirements for a sandwich shop at 411 University Drive in the name of Centex Subway, Inc. Mr. Mayo was asked to give a brief background of the problems encountered and studies made of the Northgate area. Mayo was sworn in, then told of the various studies the staff had .made over the past 5 or 6 years of the Northgate area, and reported that staff does not think. that variances to parking should be granted in that area at all, for any reason. Parking in that area has become such a criti- cal problem that staff believes that all new sites should provide on-site parking, and all plans to change existing sites should also be planned to include on-site parking, with no exceptions. It is staff's contention that as long as variances are granted, nothing will be done to alleviate the parking problems. He pointed out that the various uses made of the sites in the area have created high density traffic, and because the area is small and crowded, such uses should not be made of the area until some kind of solution to the parking problem is reached. The current study of the area has led staff to work with the City Council and the Northgate merchants to put together a plan to create a small park area, which would take away some available existing parking immediately, but to extend the plan to include a city parking lot at another location which would in reality create more parking spaces than currently exist. If this plan were put into effect, it would help to alleviate some of the problem, but certainly would not solve it. Mr. Upham stated that most of the most recent parking variance requests have not come from the bar or restaurant operators, but rather from the businesses closer to the church area which is in another block altogether. Mr. Mayo indicated that the intense use of the land where the bars and restaurants are located have helped create some of the parking problems in the other blocks. Mr. Wagner as ked what had become of the special study concerning some kind of special zoning which wo~ld apply only to the Northgate area. Mr . Mayo reported that this kind of special zoning would help the problems concerning setbacks, etc., but would not solve the parking problem, which seems to be intensified by students and uni- versity employees parking in this area rather than getting parking stickers and using university parking facilities. He cited near riotious conditions on several occasions which had occurred when pol ice had appeared on the scene to try to control crowds which had gathered. He indicated that the City was becoming worried about ) ) Minutes -ZBA June 15, 1982 page 2 what could happen there . Mr. Upham summarized by indicating that it seemed that inadequate setbacks and inadequate parking have led to problems with crowd control and parking control. ' Ms. Donahue asked what density impact the new condo projects have had, and also asked if it was the Board's intention to control people or control establishment of bars in the area. Mr. Upham stated definitely that bars had not been singled out, but rather that the problem was with any business which attracts large numbers of people or cars. Phil Callihan was sworn in and identified himself as the applicant of the request for variance to the parking requirements. He reported that the business he was trying to establish in the area was a speciality sandwich shop and not a restaurant. No cooking would be done on the premises and for those patrons requesting carry- out service the length of time they would be in the shop from start to finish was between 4 & 6 minutes, and for those patrons who wished to eat their sandwiches on the premises, a time lapse would be from 10 to 14 minutes between entering and leaving. He was requesting a seating capacity of 30, and indicated that most of the business would come from people who were already in that area, and would attract very little vehicle traffic; that patrons creating vehicle traffic would go to the store opening in the Parkway Square Shopping Center. He said his intentions were to provide a nice store front with an open and bright decor, and passed around pic- tures. In addition to this, his hopes are that his business will help to upgrade the Northgate area. Mr. Upham then went over the history of various parking variances which had been both granted or denied (these cases are covered in memo from Mrs. Kee). Mr. Lindsay said the Board is faced with problems it cannot handle; it either grants variances and has the City Council control the problems or does not grant variances and this would put pressure on the owners to get after the City Council for guide] ines. Mr. Wagner said that at this point he was almost ready to approve all requests for variances; Mrs. Cook said that she was almost ready to deny all requests, but what she really wanted to happen was for the Board to walk around the Northgate area, find out who the owners were, who tenants were, then request a meeting including the City Council, the P&Z Commission, the ZBA, owners, tenants, staff and perhaps together they could arrive at some kind of policy to help solve some of the problems. Mr. Mayo pointed out that the way the Ordinance is written that when businesses change, non-conformity should decrease, but that is not hap- pening in this area. Mr. Upham made a motion to deny the variance to the parking requirements (Section 7) as requested by Centex Subway, Inc. Mrs. Donahue seconded the motion. When votes were called for, no one voted. Then Mrs. Donahue made a motion to table this request and Mr. Upham seconded the motion. Mr . Wagner asked wha~_alternatives there were. Mr. Lindsay indicated that this request had been put off once and questioned the fairness of tabling the item again. Votes were cast and the motion to table the request carried with Cook, Donahue, Upham and Wagner voting in favor of tabling; Lindsay voting against. AGENDA ITEM NO. 3: Reconsideration of a Variance Request to Table A -Ordinance 850 -Minimum Setback Requirements for a convenience store at 301 University in the name of Southland Corporation. James Ort was sworn in and identified himself as the representative of the company which was requesting the variance . He stated that his company would not be creating LEGAL NOTICE DATE TO BE PUBLISHED: 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 continuation of a parking variance in the name of: Lone Star Yogurt Company 8526 Vedor San Antonio, TX 78216 The variance ls for the business location at 411 University Drive in College Station, Texas. Case will be heard by the Board at its ' regular meeting in the Council Room, College Station City Hall, 1101 Texas Avenue at 7:00 P.M. on Tuesday, July 19, 1983. The nature of the case ls as follows: Continuation of the one-year variance granted by the Board In July, 1982 for 10 parking spaces required by Ordinance. Further Information is available at the office of the Zoning Official of the City of College Station. (409)696-8868. Jane R. Kee Zoning Offlcia. ''" ~. City of College Station POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77840-2499 Ju 1 y 11 ' 198 3 TO WHOM IT MAY CONCERN: The Zoning Board of Adjustment for the City of College Station will consider a request for a continuation of a parking variance in the name of: Lone Star Yogurt Company 8526 Vedor San Antonio, TX 78216 The variance Is for the business location at 411 University Drive in College Station, Texas , Case will be heard by the Board at their regular meeting in the Council Room, College Statton City Hall, 1101 Texas Avenue at 7:00 P.M. on Tuesday, July 19, 1983. The nature of the case Is as follows: Continuation of the one·year variance granted by the Board in July, 1982 for 10 parking ·spaces required by Ordinance, Further information is available at the office of the Zoning Official of the City of College Station. (409)696-8868. Jane Kee Zoning Official sjv ( ( c The Yogurt Pump ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variances: From Section 11-B.5 -an extension to the I move to authoriz~• variance to the yard (6-G) ----- lot width (Table A) ----- lot depth (Table A) ----- sign regulations (Section 8) ----- minimum setback (Table A) ----- xxx parking requirements (Section 7) for a period of one year from 10-18-83 from the terms of this ordinance as it will not be contrary to the public interest, due to the following uniqu e and special conditions of the land not normally found in 1 ike districts : 1. ________________________________ _ 2. 3. 4. s. 6. -------------------------~-------~ _______________ ..:.:_ _________________ ~ ------------------,........----------~---~ ---------------~~----------------~ •, ·, and because a strict enforcement provisions of the Ordinance would result in unnecessary hardship to this applicant being: and such that the spirit of this Ordinance shall be observed and substantipl justice done, subject to the following 1 imitations: I. ---------------------------------~ 2. ---------------------------------~ 3. ---------------------------------~ 4. This motion was made by _M_a_c_G_i_l_v_r_a~Y-----------~ Seconded by Wendt The var i a nce_w_a_s_g_r_a_n_t_e_d_b_y_t_h_e_f_o_l_l_o_w_i_n_g_v_o_t_e_:--5---0----