HomeMy WebLinkAboutVAR2001-500170NOTICE OF PUBLIC HEARING: '
The College Station Zoning Board of Adjustment will
hold a public hearing to consider a sign variance for 800
Earl Rudder Freeway. Applicant is Clayton Rhodes for
Chicken Express.
The hearing will be held in the Council Room of the Col-
lege Station City Hall , 1101 Texas Avenue at th e 6:00
p.m. meeting of the Board on September 12 , 200 1.
Any request for sign interpretive services for t he hearing
impaired must be made 48 hours before the meeting.
To make arrangements call (409) 764-3547 or {TD D) 1-
800-735-2989 .
For additional information , please contact me at (409)
764-3570 .
Molly Hitchcock
Staff Planner
l 8-29-01 L-------
Opening A
New
Cash Receipt
Batch
MINUTES
Zoning Board of Adjustment
September 12, 2001
CITY OF COLLEGE STATION, TEXAS
6:00P.M.
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
AGENDA ITEM NO. 1:
Chairman Hill , Birdwell , Sheffy , Richards & Lewis .
Alternate Members Goss & Corley, not needed . Alternate Member
Allison ; not need but in the audience .
Staff Assistant Grace, Staff Planners Reeves & Hitchcock, Assistant Cit y
Attorney Nemcik .
Call to order -Explanation of functions of the Board .
Chairman Hill called the meeting to order.
AGENDA ITEM NO. 2: Consider Absence Request from meeting .
No requests to consider .
AGENDA ITEM NO. 3: Consideration of meeting minutes from August 7, 2001
Mr. Birdwell made the motion to approve the minutes. Mr. Sheffy seconded the motion, which
passed unopposed (5-0).
AGENDA ITEM NO. 4: Consideration of a sign variance at 3939 State Highway 6 South, lot
29, block 1, Woodcreek Subdivision. Applicant is Chandler Signs L.P. for Courtyard Marriott.
(01-166)
Staff Planner Hitchcock presented the staff report and told the Board that the applicant is requesting the
variance to allow the use of a larger and taller freestanding sign than is allowed by ordinance . The
applicant would like to erect an approximately 131 sq . ft . sign, 41 feet behind the curb at a height of 19-
feet for a new development on Highway 6 and Woodcreek Drive, but because the highway is a greater
classified street, the highway frontage is used for sign considerations. Section 12 .3 K. of the Zoning
Ordinance (Free Standing Commercial Signs) states that "a premise with less than 75 feet of frontage
shall be allowed to use one low profile sign". Low profile signs have a maximum area of 60-sq . ft., a
maximum height of 4 feet, and are required to be placed at a minimum of 10 feet from the right-of-way.
Thus, the applicant would like a variance to the restriction that only a low profile sign is allowed on a
property with less than 75 feet of frontage.
ZBA Minutes September 12, 2001 Page 1 o/9
, The . lot has an odd configuration that limits its frontage on the Highway 6 frontage road ; but was
platted in this way with the knowledge that signage would be limited . Hotel Village Partners, L.P . had
the subject property platted for the Marriott Hotel in 1999 . At that time, staff was concerned about the
limitations the configuration had on signage options and expressed those concerns .
Despite the known impact , the property was platted in the configuration that limits the options for the
hotel. The applicant has also stated that the hotel will have limited visibility from the access road due to
trees . It is staff's experience that, much like the Marriott Hotel site, when the properties at the front of
the subdivision develop , many of the trees will be removed .
A variance hardship is the inability to make reasonable use of the property in accord w ith the literal
requirements of the law . The sign company representative believes quests and the motoring public w ill
be inconvenienced by the lack of hotel visibilit y.
Without the variance , the applicant would still be able to have a freestanding low profile sign alon g the
Highway 6 frontage . Low profile signs are 4 feet tall , but because of the topography of the area, would
be perceived as taller. Placing a low profile sign ten feet back from the right-of-way (as the ordinance
requires) would put a low profile at an elevation of 318 feet (top of sign). The elevation of the
centerline of Highway 6 varies between 308 -310 feet from its intersection with Rock Prairie to the
hotel driveway . The elevation of the centerline of Highway 6 varies from 290 feet at the Rock Prairie
underpass to 298 feet at the Business 6 intersection with Deacon. Realistically, the four-foot low
profile sign would be 8 -10 feet tall from the perspective of the feeder road and 20 -28 feet tall from
the perspective of the highway .
The hotel would also be able to utilize attached signage . The building has three stories with the height
to the eave line at approximately 30 feet. At a finished floor elevation of 317 .5, the bulk of the building
stands between approximately 9 -39 feet above than the frontage road and 27 -57 feet above than the
highway . Attached signs are allowed at this location as long as they advertise only the name of, uses of,
or good or services available with the building to which the signs are attached , and as long as the signs
are parallel to the face of the building, not cantilevered away from the structure, and do not extend more
than one foot from any exterior building face , mansard , awning or canopy .
If the property met the minimum frontage requirements for a pole-mounted freestanding sign, the sign
would be allowed 50 sq . ft . To have the approximate 131-sq . ft . of signage that is requested , the hotel
would have to have 251-3 00 feet of frontage .
Ms. Hitchcock ended her staff report by showing the Board pictures of the property .
Chairman Hill opened the public hearing to those wanting to speak in favor of the request.
Rockford Gray, Chandler Signs , stepped before the Board and was sworn in by Chairman Hill. Mr.
Gray handed the Board a copy of the final rendering of the sign . Mr. Gray told the Board that the
property that houses the hotel is almost 700 feet from the highway. Mr. Gray stated that the sign they
are requesting is much smaller than the typical highway sign that the Courtyard Marriott tries to acquire .
Mr. Gray added that the letters on the sign are only 24". Mr. Gray made reference to the staff reports
mention of the access road . Mr. Gray told the Board that most of the people looking for the hotel are
not on the access road .
ZBAMinutes September 12, 2001 Page 2 o/9
They are travelers on Highway 6 going North and South. Mr. Gray stated that the issues about the
access road really do not apply to what this hotel needs for just basic visibility and identification . Mr.
Gray noted that the staff report also mentions the trees on both sides of the hotel. "Once development
occurs on those properties and the trees are removed a low profile sign may be seen better ." Mr. Gray
stated that is if the property is developed and if the trees are removed . Mr. Gray talked about a low
profile sign and how it would not be sufficient for the hotel. Mr. Gray ended by telling the Board that
19 feet is low for highway signage and the 2-foot lettering is not that large . It is adequate at this
location to properly identify and properly see before exiting decisions need to be made
Mr. Birdwell asked if the developer was aware of the sign ordinance at the time the property was
purchased and platted . Mr. Gray replied that he heard that the developer was made aware if this . Mr.
Birdwell asked if Courtyard uses wall signs on their buildings . Mr. Gray responded they will in this case
and it will be near the top of the building . Again, the trees come into play plus the building is parallel to
Highway 6 . Mr. Gray ended by telling the Board that that sign will not be affective to the motoring
public .
Mr. Sheffy also questioned the developer 's knowledge at the time of platting, that the signage would be
limited .
Mr. Lewis asked Mr. Gray if the Courtyard Marriott does signs in combination with other adjacent
businesses . Mr. Gray answered yes they have done that. Mr. Lewis stated that he was guessing that the
two lots adjacent to the hotel are likely going to be restaurants .
Mr. Richards made the statement that he did not understand why the owner of the property was not at
the meeting . The variance is for the owner, not the Sign Company . The owner could answer the
questions concerning the platting .
Mr . Lewis stated that there are two things the Board has to find to grant a variance . One could
understand that a hardship could be related to traffic safety . Special conditions are related to the
physical characteristics of the property, but since the developer knowing the sign ordinance decided the
configuration of the lot , that would not constitute a special condition . Mr. Lewis asked if there was
another special condition. Mr. Gray responded that if the property had been developed by a third party
and the hotel company decided to buy the property, and they came to the Board with the same issue of
needing identification from the highway , the needs , conditions, and hardships are still the same . Mr.
Gray stated that the low profile sign , which is allowed , would not be seen . That is the condition of the
topography . Mr. Gray ended by saying that what is allowed is totally useless . It is a major hardship for
a hotel not to be seen from the highway. The hardship is presented to the Board to hear not the
development-related issues .
Mr. Richards stated that the developer created its own hardship .
Mr. Birdwell pointed out to Mr. Gray that the Board could not consider a financial hardship and this
was a financial decision made by the developer. It is obvious that Marriott could have bought the whole
tract of land . Mr. Birdwell ended by saying that their option now is to either acquire more frontage or
make a joint agreement with the developers of the property next to them to have a joint sign .
Chairman Hill asked for anyone wanting to speak in opposition of the variance .
ZBA Minutes September 12, 200 I Page3 o/9
MaQ.uel Pena Jr., 9308 Amberwood Court, stepped before the Board and was sworn in by Chairman
Hill . Mr. Pena stated that the request is quite significant. Mr. Pena stated that if a sign was placed on
the building that would allow the hotel to be seen from a distance . Pena expressed gratitude for being
notified about the variance . He was not notified when the original approval was made for the
construction. Mr. Pena summarized his complete opposition .
Jeanie Baggett, 9310 Amberwood Court, stepped before the Board and was sworn in by Chairman Hill.
Ms. Baggett encouraged the Board to follow the ordinances and deny the variance .
James Ru ssell , 9302 Amberwood Court , stepped before the Board and was sworn in by Chairman Hill.
Mr. Russell stated that he and others in the area are less than pleased at the way the development of the
hotel happened in relation to the housing . Mr. Russell ended by saying he is against granting the
vanance .
Mike McClure, 9262 Brookwater Circle , stepped before the Board and was sworn in by Chairman Hill.
Mr. McClure told the Board that he owns property next to the hotel as well as being the president of the
Amberlake Homeowners Association . Mr. McClure stated his concern is the traffic that will go through
Woodcreek Drive . Mr. McClure also stated his concerns about the other signs for the future
restaurants . Mr. McClure ended by saying that he has a little different perspective than his neighbors .
Chairman Hill asked Mr. McClure if was opposed to the variance . Mr. McClure stated that as an office
business owner he is for the variance because he wants them to be successful.
Chairman Hill asked city staff to clarify the signage for the restaurants and Marriott Courtyard . Ms
Hitchcock stated that it is possible for the three properties to have shared signage. But they would have
to replat the entire area as one plot.
Mr. Lewis asked ifthere could be an easement granted for signage . Ms . Hitchcock answered no .
With no one else stepping forward to speak, Chairman Hill closed the public hearing .
Mr. Birdwell made the motion to deny a variance to the sign regulation from the terms of this
ordinance as it will be contrary to the public interest, due to the lack of unique special conditions not
generally found within the City : alleged special condition was a decision by developer. Additional
frontage could be acquired or a joint sign could be negotiated ; and because a strict enforcement of the
provisions of the Ordinance would not result in substantial hardship to this applicant , and such that the
spirit of this ordinance shall be preserved and the general interests of the public and the applicant served .
Mr. Richards seconded the motion.
Chairman Hill stated that he does not have a problem with the developer coming before the Board for
the variance knowing he had full knowledge of the sign ordinance prior to the construction of the hotel .
Mr. Hill stated that is how the system works .
ZBA Minutes September 12, 2001 Page 4 of 9
Chairman Hill called for a vote on Mr. Birdwell 's motion to deny and Mr. Richards second. The Board
voted (5-0) for denial.
AGENDA ITEM 5: Consideration of a sign variance for 800 Earl Rudder Freeway, lot 3,
block 1, The Gateway Subdivision. Applicant is Clayton Rhoades for Chicken Express. (01-
170).
Mr. Hitchcock stepped before the Board and told them Staff is recommending that the Board deny this
variance request. The case as presented by the applicant is not appropriate for consideration by the
Zoning Board of Adjustments .
Property owners that are aggrieved by the Zoning Ordinance may apply for a variance as allowed by the
ordinance, or request that the Council changes the standard. If a variance request is appropriate , the
Zoning Board of Adjustments is legally bound to find special conditions and hardships related to the
subject site to grant it a variance. Since variances run in perpetuity with the land, it is necessary for
applicants to show special conditions that are tied to the land and not to a personal situation . The
special condition(s) of the land must result in a hardship that is other than purely financial.
Challenges that a standard in the Zoning Ordinance violates a federal act can not be resolved by the
ZBA but must be resolved through legislative or judicial processes . Since ordinance standards are
adopted by the City Council, land or business owners arguing not the application of a standard, but
the existence of the standard may ask the City Council to change the standard . If unsatisfied with the
outcome of the legislative process, arguments may be made in court .
In the case of Chicken Express , the business owner woul d like to use a third font on a freestanding sign
in the University Drive Overlay Corridor zoning district. The City Council adopted the Overlay
Corridor District to enhance the image of key entry points, major corridors, and other areas of concern,
as determined by the City Council, by maintaining a sense of openness and continuity. To help reach
this vision, the City Council adopted the standard that only two fonts could be used on a sign in this
district . On his original ZBA application, the applicant did not list special conditions, but stated that the
ordinance standard violated federal legislation . Staff called the applicant and his sign contractor, Mc
Co-Ad Signs, and explained how Lee Einsweiler of Duncan & Associates (the city's consultant for the
Unified Development Code project) had informed the city that the two-font standard was acceptable .
The applicant and sign company were also told that the ZBA was the wrong venue for the argument
they were using to gain permission for their desired signage . They were informed that the Zoning
Ordinance is currently being updated as part of the drafting of the Unified Development Code and that
the opportunity exists to share their opinions with City Council and request consideration of changes to
the code .
After this discussion , the applicant was still interested in pursuing a variance . Staff reiterated the
purpose and requirements of the variance procedure . Mr. Rhoades submitted a new request form that
still challenges the legality of an Overlay Corridor sign standard and does not provide special conditions
appropriate for ZBA consideration .
The applicant may ask the City Council to change the standard they have adopted for the Corridor
Overlay District or apply to a court oflaw.
Ms . Hitchcock ended her report by showing the Board pictures of the property.
ZBA Minutes September 12, 2001 Page 5 of9
Mr. Birdwell stated that there are two variance requests in this case . Ms . Hitchcock replied that was
correct. Mr. Birdwell stated that one request does make reference to special conditions . Ms . Hithcock
replied that it not how city staff sees it. The applicant is arguing there are three businesses and they
should be allowed three fonts . That is not the standard that the City Council has set. Each sign gets a
maximum of two fonts .
Mr. Richards asked if the Board approves this variance, does that approve it or would the applicant
have to go the City Council. Ms . Hitchcock replied that if they approved the variance they would have
to find special conditions that are tied to the land .
Mr. Lewis asked if the two-font rule applied onl y to the freestanding sign or to the building as well .
Ms . Hithcock replied that it would apply to the building as well . But each attached sign is a different
sign . The freestanding sign , because it is a shopping center they would all have to share one sign .
Mr. Richards asked when did the applicant become aware that the ordinance would not allow this . Ms.
Hitchcock replied that the applicant would have to answer that question. Mr. Birdwell asked if the
graphic that was presented, was it otherwise acceptable in terms of size , area and height. Ms .
Hitchcock replied yes .
Chairman Hill opened the public hearing and asked for anyone wanting to speak in favor of the variance .
Clayton Rhoades , the applicant, College Station, stepped before the Board and was sworn in by
Chairman Hill . Mr. Rhoades showed the Board a graphic of the sign . Mr. Rhoades stated that his
argument is a legal issue . Mr. Rhoades explained that when you look at the property and the sign that
has been approved that will be on the building itself, it would not be visible from the highway or the
frontage due to the canopy in the front. He stated he does not understand why an agreement could not
be reached to get this sign approved . Mr. Rhoades told the Board that there already is a billboard up on
Highway 6 visible with the logos of Exxon, Subway and Chicken Express . When people exit the
University Drive exit they are not going to be able to see where Chicken Express is because it is not
visible from the freeway until your right there . Mr. Rhoades ended by saying that he wants to get the
visibility . He stated that he did not see how this would be a hindrance .
Mr. Richards asked Mr. Rhoades if he was aware of the signage limitation before he signed his lease .
Mr. Rhoades replied that he was not. Mr. Rhoades stated that he signed his lease prior to Subway to
appling for their sign permit. Mr. Richards asked Mr. Rhoades when did he become aware of the
requirement. Mr. Rhoades replied that it was right about the time Subway's sign was put up . It was
then that the landowner mentioned that there might be some difficulties .
With no one stepping forward to speak in favor or opposition of the variance, Chairman Hill closed the
public hearing .
Chairman Hill began the discussion by saying that this variance request does not meet the purpose of the
Board . According to the staff report this can not be resolved by ZBA, but must be resolved through
legislative or judicial processes .
ZBA Minutes September 12, 2001 Page 6 o/9
Mr .. Birdwell stated that is why he asked staff about the second variance request. The applicant does
have a general variance request . It clearly states a special condition and makes no reference to the
constitution . Mr . Birdwell stated that he sees no problem with it. He came to the meeting with the
thought of deferring action but now that he has been provided a graphic he is prepared to make a
motion .
Mr. Birdwell made the motion to authorize a variance tot he sign regulations from the terms of this
ordinance as it will not be contrary to the public interest due to the following special conditions not
generally found within the City : ordinance prohibits use of existing trademark sign ; and because a strict
enforcement of the provisions of the ordinance would result in substantial hardship to the applicant
being ; inability to use national recognition sign ; and such that the spirit and intent of this ordinance shall
be observed and the general interests of the public and applicant served , subject to the followin g
limitations : use of a sign as presented in the graphjc to the Board . Mr. Sheffy seconded the motion.
Mr. Richards stated that he has difficulty with this for the simple reason that they do not have the
authority to grant it. Mr. Richards stated the intent of the ordinance is to maintain a continuity of signs .
Mr. Birdwell did not see how they could argue fonts .
The Board discussed the sign and their jurisdiction.
Chairman Hill asked is the color limited as well. Ms . Hitchcock answered that the ordinance does limit
the color and height. The ordinance reads no more than three colors and two letter styles . Ms .
Hitchcock stated that black and white is a free color.
With no further discussion Chairman Hill asked Mr. Birdwell to re-read his motion .
Mr. Hill asked Mr. Rhoades if the graphic presented is how the sign would look. Mr. Rhoades replied
that the trademark would actually be smaller and placed below the Subway sign .
The Board voted (4-1) to approve the variance. Mr. Richards voting to deny.
AGENDA ITEM NO. 6: Consideration of a rear setback variance for 3212 Nueburg, lot 7,
block 11, Edelweiss Estates Phase 14. Applicant is Kerr Surveying for Stylecraft Builders. (01-
174).
Staff Planner Reeves stepped before the Board and presented the staff report . Ms . Reeves told the
Board that the applicant is requesting the variance to legitimize an error made during the survey . The
result is an encroachment that reaches 23 .3/4' from the property line to the closest part of the home ;
thus the applicant is requesting a rear setback variance of 1. 5 feet.
As special conditions the applicant offers that a human error made during the survey and that the house
backs up to a common area, which backs up to Wellborn Road . Because variances run with the land ,
special conditions must relate tot he particular property, therefore , staff does not consider these reasons
to be special conditions .
ZBA Minutes September 12, 2001 Page 7 o/9
The applicant states that the buyers are awaiting approval. A hardship should be a direct result of the
special condition .
The applicant states no alternatives ; however, staff feels to legitimize the encroachment without a
variance they would need to remove the portion of the home that is encroaching .
Ms . Reeves ended her staff report by showing the Board pictures of the property.
Chairman Hill opened the public hearing for those wanting to speak in favor of the request.
Randy French, Owner Stylecraft Builders, stepped before the Board and was sworn in by Chairman Hill .
Mr. French told the Board that he is coming to the Board acknowledging the encroachment. Mr.
French spoke about the lot being on a cul-de-sac. Mr. French stated that in this case there is a common
area to the rear of the property and no other house or residential structure will be placed on the
adjoining land . Mr. French ended by telling the Board that he takes this extremely seriously.
Mr. Richards stated that looking at the survey he does not know how that house could be placed on the
lot. Mr. French replied when they went in for the building permit it did work. Mr. French told the
Board that he does have a buyer that has children in the house . They did know prior to moving into the
house of this issue .
With no one else stepping forward to speak in favor or opposition of the case, Chairman Hill closed the
public hearing .
Mr. Birdwell made the motion to authorize a variance to the minimum setback from the terms of
this ordinance as it will not be contrary to the public interest , due to the following special conditions :
variance is deminimus ; and because a strict enforcement of the provisions of the ordinance would result
in unnecessary hardship to this applicant being : causes encroachment; and such that the spirit of this
ordinance shall be observed and substantial justice done subject to the following limitations : variance
limited to the encroachment of existing structure. Mr. Sheffy seconded the motion.
Chairman Hill told Mr. French that he personally has a problem with the Board validating mistakes like
this that should have not happened . But at the same time he will agree with Mr. Birdwell that this is
very minor and the rule of common sense should kick in at some point.
Chairman Hill called the vote from Mr. Birdwell's motion and Mr. Sheffy's second. The Board
voted (5-0) to grant the variance.
AGENDA ITEM NO 7: Future Agenda items.
Mr. Birdwell stated there is a need to hold a workshop with the Board to discuss the Unified
Development Code. City staff should be given the authority to approve small variances .
Mr. Birdwell asked to have the consultants make a presentation to the Board with the changes being
implemented .
The Staff Planners told the Board they would get with Senior Staff and report back to the Board .
The Board expressed a desire to get a draft copy and overview of the UDC . City staff will follow up
and report to the Board.
ZBA Minutes September 12, 2001 Page 8 o/9
AGENDA ITEM NO 8: Adjourn
The meeting was adjourned .
APPROVED:
Leslie Hill, Chairman
ZBAMinutes September 12, 2001 Page 9 o/9
STAFF REPORT
Prepared by : Molly Hitchcock Date: August 29 , 2001
ZBA Meeting Date:
APPLICANT:
REQUEST:
LOCATION:
PURPOSE:
September 4 , 2001
Clayton Rhoades for Chicken Express
Sign variance
800 Earl Rudder Freeway (the northwest corner of
HWY 6 and University Drive)
To use additional fonts on a freestanding sign in the
OV Overlay Corridor District.
GENERAL INFORMATION
Status of Applicant:
Property Owner:
Applicable
Ordinance Section:
Business owner
Gateway Fuels, LLC
Section 8.19 OV Corridor Overlay District
Subsection E (Signs)
PHYSICAL CHARACTERISTICS
Zoning and Land Use:
Frontage:
Access:
Topography &
Vegetation:
Flood Plain:
The subject property and adjacent properties are part
of the Gateway Subdivision and all zoned C-B
Business Commercial. Chicken Express will be
moving into the Exxon shopping center. Land to the
west is developed as Cheddar's Casual Cate .
The shopping center has approximately 250 ft . of
frontage on the HWY 6 feeder road and 230 ft. of
frontage on University Drive .
Access is via a driveway from the Hwy 6 feeder road ,
a driveway from University Drive, and a private
access easement shared with Cheddar's.
The site slopes downward from the frontage road and
is landscaped.
Not located within a floodplain .
VARIANCE INFORMATION
ANALYSIS Staff is recommending that the Board deny this variance
request. The case as presented by the applicant is not
appropriate for consideration by the Zoning Board of
Adjustments.
Property owners that are aggrieved by the Zoning
Ordinance may apply for a variance as allowed by the
ordinance, or request that the Council change the
standard . If a variance request is appropriate , the
Zoning Board of Adjustments is legally bound to find
special conditions and hardships related to the subject
site to grant it a variance . Since variances run in
perpetuity with the land , it is necessary for applicants to
show special conditions that are tied to the land and not
to a personal situation. The special condition(s) of the
land must result in a hardship that is other than purely
financial.
Challenges that a standard in the Zoning Ordinance
violates a federal act can not be resolved by the ZBA, but
must be resolved through legislative or judicial
processes . Since ordinance standards are adopted by
the City Council , land or business owners arguing not
the application of a standard, but the existence of the
standard may ask the City Council to change the
standard . If unsatisfied with the outcome of the
legislative process, arguments may be made in court.
In the case of Chicken Express , the business owner
would like to use a third font on a freestanding sign in the
University Drive Overlay Corridor zoning district. The
City Council adopted the Overlay Corridor District to
enhance the image of key entry points , major corridors ,
and other areas of concern , as determined by the City
Council , by maintaining a sense of openness and
continuity . To help reach this vision, the City Council
adopted the standard that only two fonts could be used
on a sign in this district. On his original ZBA application ,
the applicant did not list special conditions , but stated
that the ordinance standard violated federal legislation .
Staff called the applicant and his sign contractor, McCo-
Ad Signs, and explained how Lee Einsweiler of Duncan
& Associates (the city 's consultant for the Unified
Development Code project) had informed the city that the
two-font standard was acceptable . The applicant and
sign company were also told that the ZBA was the wrong
venue for the argument they were using to gain
permission for their desired signage. They were
informed that the Zoning Ordinance is currently being
updated as part of the drafting of the Unified
Development Code and that the opportunity exists to
share their opinions with City Council and request
consideration of changes to the code.
Alternatives:
After this discussion, the applicant was still interested in
pursuing a variance . Staff reiterated the purpose and
requirements of the variance procedure. Mr. Rhoades
submitted a new request form that still challenges the
legality of an Overlay Corridor sign standard and does
not provide special conditions appropriate for ZBA
consideration.
The applicant may ask the City Council to change the
standard they have adopted for the Corridor Overlay
District or apply to a court of law.
SPECIAL INFORMATION
Number of Property
Owners Notified: 8
Responses Received: None as of date of staff report .
ATTACHMENTS
Location Map
Original Application
Second Application
NOTIFICATION AREA
BLOCK I
li-.r City of College Station, Texas ~ PLANNING DIVISION
800 EARL
RUDDER FREEWAY ~ NOT
TO
SCALE
ZONING
SITE LOCATION
ZBA 09/12/01 SIGN VARIANACE
CHECK BY:
DATE :
CASE:
07 /26 /01 14:47 '5'979 76 4 3 4 96 . " DEVELOPME NT SVCS 141001
z'Ji~oARD OF ADJUSTMENT APPLICATION
/
/ MINIMUM SUBMITTAL REQUIREMENTS:
Fee of $75 .00.
~ #P cation oomplctcd in full_
~u~ fonn completed m full.
_Addition.al materials may be required of the applicant such as site plans. elevation drawings, sign details and flooi:-
plans . The Zoning Official shall infonn the applicant of any extra materials required.
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary ntact for the Project):
Name Ct.A-'f"f~N A-'D ~ -GlL.eY'-
Mailing Addre.5s e .0. f2?X" I 'cnJ2 City
~~ ~11ol-l
State I)(. Zip Code 77f2fZ..--E-Mail Address ~i?:r~s@hc~\.CDrn
Phone Number '116(-(ef\~-Utf 14 FaxNumb« 414 ,.. 4fl5-&ftl.f
PROPER'IY OWNER'S lNFORMATION:
Name ~~1~w ~ ~~s / < 'L
Mailing Mdccss \ <.e-r r!\o-1'llf;~ f2o Af:) City Mofqgome@'(
State 1)<. Zip Code 11?5°lP E-MailAddress -----------
Phone Number 9% · f6°t'1 · eet52 Fax Number 1% · SC( J • ~35lo
LOCATION OF PROPERTY:
~ W f;?-M-L 'R~R fr?a?~
L-Ot ?? Block CN fc Subdivision -(ftt, dA1f!!;./Hl¥Y
Description if there is no Lot, Block and Subdivision -------------------
Action Requested: (Circle One) Setback Variance Appeal of Zoning Official 's Interpretation
Paddng Variance Special Exception
~~ Other ________ _
Current Zoning of Subject Property C:B -D\I~ pl$-1 R./\-0(
Applicable Ordinance Section fA&,e,, t-\0~ 1' 24 '61~~" / ?eC!frutJ 1-Z--
/
The applicant has prepared this application and certifies that the ja(:ts stated herein and erhihils attached
hereto are true, correct and complete.
~~#H~
ZBAAPPUCATION
ZSMPP.OOC '3fl5m
Date
1 of2
0 '/~6 /0 l 14 :48 '5'979 76 4 3 4 96 DEVELOPME NT SVC S 141 002
FOR OFFICE USE ONLY
CASE NO.: DATE SUBMIITED: ___ _
VARIANCE REQUEST
The fullowing specific variation from the ordioance is n.:quested:
0 ~~i fOiS--A.wrI1oN1¥.-> [erJI. ~L~~ ON M<:Num~
'This var.iance is nec.essacy due to the following special conditions:
· 1Y1~ ~ Wvut-b MAt,,.~-vL C-\--'#A@ies -tp A
The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial hatdship is/are:
"~E?> =re A ~~l8fe.?f;D T~ M~ 1J.t.f1
A<.)fe?-S 1\-\g:.. PUe?Uc.8 ·~N111 ~ tJf-1HtS t&-?:>IAJ??WSf#?e
The following alternatives t.o the requested variance are possible:
This variance will not be contrary to the public interest by virtue of the following facts:
'\}\\~ {~A NM~Y ~NJYE-0 ~ 6its-1~
:fj?.@~ MA12.¥:-. -ANt? ~tAltorJ f&2M tr Wouuo ;;
/Mife.g_. :f+JE/ J4JeiJCh ~,.J11'i»'1 LJt?::f+l(S ~Af41$ll~
The bets stated in this appliation arc true and correct
:Zoll
--
~:
FACSIMILE COVER SHEET
CI'IY OF COLLEGE STATION
DEVELOPMENT SERVICES
1101 Texas Avenue South, PO Box 9960
College Station, Texas 77842
Phone (979)764-3570 I Fax (979)764-3496
· Date: 9. ,..., ~ ,-() \ # of pages including cover5-
/f you did not receive a complete fax,, please ca!! our of/lee immediately for a new transmitta!.
m C\o.'--\~ ~~ck_~ FAX: ___ _
COMPANY: ---------------------
RE : L_. ~_ti \\ES:._~
FROM;;:) '2\D ~\G.(~R_ PHONE: (979)764-3570
COMP ANY: _____ __;::Cc=,:ity-..,;.......=o=-f Co-=-=-=1;;:;...:le"'g.,,;;;_e-=-Sta=.:.=ti;..;:;..;on=-=---------
REMARKS: 0 Urgent D For your review D Replay ASAP D FYI
-------------------------..
U::t /U'l /Ul 1J:11
•
TRA SMI SS IO N OK
TX /RX NO.
CON ECTION TEL
CO ECTION ID
START TIME
USAGE THIE
PAGE S
RES ULT
*************************** *** ACTIVITY REPORT ***
***************************
9258
9p6956414
09 /04 13 :10
01 '32
5
OK
'i!:J VV.&..
08 /22/01 14:18 '5'979 764 3496 DEVELOPMENT SVCS ~uu0> 3-0 \ ,...~· ,.. o\/"\ 1 o ~ g-~~~-...C-~\C>V'\ CASEN~J-0 (70 '1.5~ ((~J DATE SUBMITTED:.~? O(• ~
(.01.LLGE STAllON
ZONIN-G BOARD OF ADJUSTMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS:
__ Filing Fe~ llf$75 .00.
__ Applfoa.tion completed in full.
__ Additional materials may be required of the applicant such as si.te plans , elev<ition dn1.wing8, ;;ii:;,rn det~il s and
floor plans . The Zoning Official shall inform the applicant of any extra materials required.
APPLICANT/PROJECT MANAGER'S TNFORMATION (Primary Contact for the Project):
Name ~J,. .. &1'"To0 bl ! ... ~·-f<"--"-r\o~P<D~_...~~---------------
MaiJing Address p.o · ~ \ \ b Z-b City ~~ ~-aJ~--
State !)<) Zip Code :1192 42--E-Mail Address (!J(.t~-kbcbo a.k.<:...@ he±w I.~
Phonr:: Number : 9JO( -l¢:J S -(p 'f ( Lf ___ li'ax Number '114 ~ (tffS · (a 41 '-£
PROPERTY OWNER'S INFORMATION:
Name 6r Mf2 -tJA'f fllf:.L/~ 1 LLc...
MailingAddress gpf ~---gtJ~ fW\.( Ci ty Cou.§~ ~1MtotJ
State Tu ZipCode :J.l f'f/o E-MailAddress ___________ _
Phone Number • q?,;&. ~';Cf 7 · 2?25?;> Fax Number ~ • 5"".CZ7· B ?~
LOCATION OF PROPERTY :
Address 6:10 emz-G flvo~ &ti(
Lot ·?;? Block QfJfu Subdivision ~ G;JleWkY
De::;cription if tl1ere is no Lot, Block and Subdivision
Action Requested: (Circle One) Setback Variance
Parking V ru·iance
Current Zoning of Subject Property ~
CJ? -( )tvP/e@b \I'{
Applicable Ordinance Section
Appeal of Zoning Official's Interpretation
Special Exception
Other ____________ _
0~1 1 cyJ 2=> # \ g. r;,,,ov ~I r2 t'J70 ~!¥1 D jfileJ '-:I -'::>I (:,,N S..
(ffi N'f\l'lAl. VARTANCE REQUEST
V ~ri imm: Requesl Applica lion .do~ 8122 /2001
l of 2
08 /22 /01 14 :18 '5'979 764 3496 DEVELOPMENT SVCS 141002
GENERAL VARIANCE REQUEST
The followin e specific variation from the or dinance i:; requested:
" ~~~ fO& "THI .~ lJGLJf2£&A>?\ 451'-fkEJ
This variance is ne ccs~ary due to the folJowing special cond itions:
Special Condition Definition: To just ify a variance, the difficulty must be due t o unique circumst an ces in v olv ing the
particular property. The unique1 circumsta nces must be related to a physical characteristic of the property itself, n ot to the
owner's personal situation. This is because regan;l.lr;ss of ownership, the variance will run with the land.
Example: A cr eek bisct:Ling a lot, a smalJer buildabl.e area than is seen ou. surrounding lots, spc;;cim.en tre es.
Note: A cul-de-sac is a st.and<1rd street lay out in College Station. The shape of standard cul-de~s ac lots are generally not
spec ial conditions . "~lot~ NA1~ ... of 1 H IS P@~ ~le]2-/tPPll-oYaV
'?H -n1L c..\Tf) tr M Af..)DA({fE;-S. 'TH~ -reµr:ttJT<;.. kJ@ I IJfUUJ w l L.L..
tJ ~ Al ~~I (H14bf;, P7Fff7?eJU1 c.,,.Qlef?-1~ ~t/{,,e'S ft??
£51KH //V :DIVIP~lk.-fbY,?tlV~l -Co PJ!2;, geax;,µ1-c;,~.
The unnecessary h a rd$hip (s ) involved by meeting the provisions of the ordinance other them financial hardsh ip is/ar e :
Hardship Definition: The inability to make reas onable use of the property in accord w ith the literal requirernents of th e
law. The hardship must be a direct re s ul t of the special condition.
Example: A hardship of a cre ek bise cting a lot could be the reductio n of the bu1lds.ble area on the lot. w hen compared to
neighbo1:Ag.p:operties .
~ Jl±1S C)&DJ/{/J-/J?e-WOV?D {!tk!?tf< k ~~ 11!/.t fl¥J/tt:))IJA-!.-v't
~t\JJ~ ~~, (/..1 1s (_pG,o l'? fk-,/2.e,,ev'( UV ~
~-----W~-.fl f2t t,L Pzi?&J?O UJt/'(tfeQ oN /iW'{ CO • fhill{ /2ttll ~It o1V
r@yll! 1HIS lOuD &JU,,U) &ttr&Z .. H. JUe ft;~/(,,~ (')ftrµ?t? w
The following alternu.tive s to the requested variance are pos sible: F 1 NOi ll!l-t ~ /2>v;.; ~c; ·
GeNERAL VARIANCE REQlJ F5)'f' 2 of2
V s ri ~n \~ Reque st Appl i.:a tion.dcc R/22120 0 1
.. ~1,,;, e/if?-.7t?IS (2.eJVt>ef2-1v44 ~jlttJ 6e Pt<-Oouce;o @C/('1 '';;> '{?eQu~.
~-t1fJ Address of Sender
~lfV OF COLLEGE STATION
P,O Box 9960
~~Qe-Sta-tiGrl,-TX -17842
Article N umber
03-194
ALTD UNIVERSITY PARK PLAZ
70 l UNIVERSITY DRE STE
COLLEGE ST A TION, TX 7
102
78401866
03-194
VENTURE TEN TWENTY-ONE JOINT
CIO UNIVERSITY TITLE C 0
POBOXDT
COLLEGE STATION, TX7 78415079
03-194
STATE FARM MUTUAL AUT OINS CO
C/O CORP TAX DEPT
1 STATE FARM PLZ # D-3
BLOOMINGTON, IL 6171000
03-194
01
WHEELER, F W BERT ESTA
% BERT WHEELERS INC
1919 WillTNEY ST# 100
HOUSTON, TX 770061431
TE
03-194
CHOOBINEH, JOO BIN & TARA
PO BOX 13
COLLEGE STATION, TX 778 410013
03-194
LTHV#l L.P.
C/O LEVCOR INC
7660 WOODWAY DR STE 4
HOUSTON, TX 770631528
~ .............. --· -
;,~
-
Affix Stamp re __9._0Q Check type of mail or service:
0 Certified 0 Recorded Delivery (International)
(If issued as ~ ~
certificate .Ql,a · g, (;!
0 COD 0 Registered MfM-~ "-> l\:)J> "' 0 Delivery Confirmation 0 Return Receipt for Merchandise copies of~ 1 1)§5 OC /.CJ>'
0 Express Mail 0 Signature Confirmation Postmar~ <..v G:> ;;!
0 Insured Date of R ein\:. .)_~J
=--~.z24=-ii-' ~ .-e. ~ --~ -~ .. ~ ,. ,.,., ,,,, -
l" AUG Z0'031 Jt,~ : 1 .8 Q --
• • • • • * • * * * Addressee Name , Street , and PO Address Postage Fee ~·:~"' rge li~
P8Mt!Tl!fl i?s't_l ue 1" It 7121218 U.S. POSTA tered G! ! -
;;
=--a. ..
~· -... ·= > Cl> ·-~ (,)
"' Q Cl>
c c a:
~ 'Pl -·-> -.. ..
c C'll c u :s -;:: ... .... o-:c .... " ·-a. .. a: .. ·-ft! .... -~
E .. .:.: ...
0 ~ a: .. (.) ·-c 4> a.
0 .. U')
(;)-_:s ..
=--C'll .. c
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> ·-·-U') -w
Q
ne of receiving employee) The full declaration of value is required on a I domestic and international registered mail. The maximum indemnity payable for the
reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to
v~ /Qh..,
additional limitations for multiple pieces lost or damages in a single ca tastroph ic occurrence . The maximum indemnity payable
on Express Mail merchandise insurance is $500 , but optional Express Mail Service merchandise ins urance is available for up to
$5 ,000 to some , but not all countries. The maximum indemnity payable is $25 ,000 for registered mail. See Domestic Mail
Manual R900, S913 , and S921 for limitations of coverage on insured and COD ma il. See International Mail Manual for limitations
of coveraae on international ma il. Special handlina charaes apply only to Standard Mail (A) and Standard Mail (Bl Parcels .
Name d ress of Sender
CITY OF COLLEGE STATION
P.O . Box 9960
College Stat ion , TX
Linel Article Number
-194 03
SP
93
D
IRITDEVELOPMENTILTD
12 FORESTRIDGE DR
ALLAS , TX 752383305
-194 03
SAHA
PO
BR
RA REAL TY GROUP LTD
BOX4508
YAN, TX 778054508
03-194
77842
B &B MALKIN CEDAR CREEK LLC
2351 HARWICH LN 2
HUNT INGTON BEACH, CA 926468447
-
10
11
12
13
14
15
'""'"?' Total Number of Pieces
Listed Sen , r Received at Post Office
1hr«
I
I
Check type of mail or service:
D Certified D Recorded Delivery (International)
D COD D Registered
D Delivery Confirmation D Return Receipt for Merchandise
D Express Mail D Signature Confirmation
D Insured
Affix Stamp Her. CoQ
(If issued as a ~ -·~" "'' •'f. ~ or for additior 'I r-v j'\'\
copies of thi~ : I g [:5 E= Cl) 1
Postmark a w G) ~
Date of Rec ~e t ~ ~j
-----l~ I
'\:"' ()E Sr~ '~·-
'f ~ ....... 1,-:
0 (,)~~~t -1" AUG 20'0 3 2 ~~ :: Q .9 0. --
. -
* * * * * * * * * * f>B,ur~ ~--A .. •.Al'l ft11d6i..ri.
Addressee Name , Street , and PO Address Postage Fee Nf fl ~~d 't If 7121218 U.I. POSTA rge QE : -, ..
~
>i
~ .... -> ·-·-G> -(,) ~.
en -(I.I
c c Q a:
I'll ·-""' ·-"C Cl) ... .... ..
ns c .. :s c -;:; "" (,) .... o-:c 'ii: G> ·-.. .... a:
-= ·-I/) ... -E ... . ~ ....
0 CJ a: a.. (.) ·-di
c 4> a.
0 a.. ti)
..,}---~:s ....
>i I'll .. c ... . > ·-·-ti) -"' Q
Postmaster, Per (Name of receiving employee) The full declaration of value is required on a I domestic and international registered mail. The maximum indemnity payable for the
v>r; r~ reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to
additional limitations for multiple pieces lost or damages in a single catastrophic occurrence. The max im um indemnity payable
on Express Mail merchandise insurance is $500 , but optional Express Ma il Service merchandise insurance is available for up to
$5,000 to some, but not all countries. The maximum inde mnity payable is $25,000 for registered mail. See Domestic Mail
Manual R900 , S913 , and S921 for limitations of coverage on insured and COD mail. See International Mail Manual tor limitations
of coveraoe on international mail. Soecial handlino charoes aoolv only to Standard Mail (A ) and Standard Mail IBl oarcels .
. Address of Sender Check type of mail or service : Affix Stamp Here ~-rs ~~2~.a*-' 'I *
CITY OF COLLEGE STATION (If issued as a * D Certified D Recorded Delivery (International) certificate of mailing, .. ~ '" ~~ --· * P.0 Box 9960 0 COD D Registered or for additional v ;lm4 * D Delivery Conf irmation D Return Receipt for Merchandise copies of this bill) o o ail lit~ _ -* College Station, TX 77842 1° AUG 29'01 .z).~ ;: 1.2 5 -* D Express Mail D Signature Confirmation Postmark and -* D Insured Date of Receiot *
PBMl!TH *
Linel Handli ng A clue * Article Number Add ressee Name, Stree t , and PO Address Postage Fee O.S. POSTAGE * Charge if Re~ T'll 7114367 • -01-170
Wulfe Investments Ltd .
P .O . B ox 37343
San Antonio , Texas 78237-0343
-
01-170
CSI Associates
18377 Beach Blvd STE 208 -
Huntington Beach CA 92648-1349 A \\.,LEGi ~. >-
.,.. "'I ... ~ ~· , , ~ \")~ ,~, ·~ ;;" > 01-170 I j\: ·-Q) -(,) -/"': ..
Delmar Barronhead I Ltd. ......., o-JQI Ol Q Q,I
15900 Dooley Road ~' ~ ~ ~/ c c a:
~ ·-~ -
' ~:.~ , ·-'D Q) ..
Addison, Texas 75001-4243 .... ...
ns c .... ::i c -: .. <> -o-:c ... 4'I
01-170 ·-... .... a: .... ·-Cl> I'll .... ~
CNLAPF Partners LP E ... ,;,: ...
0 ~ a:
CNL Certer @ City Commons ... (.) ·-
450 Orange Avenue c Q) a.
0 ... en
Orlando, FL 32801-3383 t.:r _:a ....
>-Ct!
01 -170 ... c e--...
Maroon City Partners Ltd . > -·-en -3 214 Westchester A venue 0.:
College Station, Texas 77845-7910
''""~' •• Pom on'0' ,Name of receiving employee) The full declaration of value is requ ired on a I domestic and interna tio nal reg iste red ma il. The maximum ind em nity pay able for the
U•~C5 reconstru ction of nonnegotiabl e documents under Expres s Mai l doc ument reco nstr uc tio n insuran ce is $5 00 pe r piece sub jec t to
add ition al li mita ti on s for mu ltipl e pieces lost or dam ages in a si ng le catastrophic occ urre nce . The maximum indemnity payable
.lV\\f\~ on Expre ss Ma il merch and is e insu ra nce is $500 , bu t optio na l Expr ess Mail Service mercha nd ise insu rance is available for up to
$5 ,000 to some , but not all co un tries . Th e max imum indem nity payable is $25,000 for registered mail. See Domestic Ma il
__,/' Manual R900 , S913 , and S921 for lim itation s of co ve rage on in sured and COD mail. See Intern ational Mail Manual for li mitations
of coveraae on internatio nal ma il. Soecial handlina ch arae s aool v onlv to Stand ard Mail (Al and Standard Mail (8 ) oarcel•.
PS Form 3877, August 2000 Com~ l4jte by Typewriter, Ink, or Ball Point Pen
\
Name and Address of Sender Check type of mail or service: Affix Stamp Here
L=: --:9l~-' (If issued as a * 82-DG D Certified D t-C) E $ 1' ~::::; ~ a._ Recorded Delivery (International) certificate of mailing, * D coo D Registered or for additional ~ ~ 4 -• CITY OF COLLEGE STATION v ... " : • D Delivery Confirmation D Return Receipt for Merchandise copies of this bill) j~ AU~ 29'0 1 ~tllil ; Q .2 5 •
P.O Box 9960 D Express Mail D Signature Confirmation Postmark and -•
D Insured Date of Receint -• -•
unefCollege StatiO.l:hiciT~mil7842 Handling A~j P8MET!R * Addressee Name , Street, and PO Address Postage Fee * Charge if R ,. v • I -7114367 D.S. POSTAGE •
01-170 •
Scott & White Memorial Hospital I
& Scott, Sherwood & Brindley
2401 S 31st Street
Temple, Texas 76508-0001
4
5
6 .. >o
i....--;-... ,.. •. ~ ~
/... """' M~\ -· ;: .... > ~ 7 {" r ·--~
r ~~ 8 t-~~t> ~l en ~-{Ii
8 ;:::: f; c Q a: <='-v ·-'Pl -
\in. 1'..'l .... ~~ ·-'a G) .. .. .. 9 IV ... ::I '" ";::;~v c .__~ -tJ .... _,_ .. _ o-:c .. 111
10 ~ ·-.. .. a: .. ·-en -~ .... ~
E
.__._ . :.:: ....
11 0 ~ a: .. (,) ·-c G> a.
12 0 .. en
·U--.__:I ..
13 >o C'IS .. c er .__~ .... > ·-14 ·-en -"' 15 Q
Total Number of Pieces Total Number of Pieces Postmaster, Per (Name of receiving employee) The full declaration of value is required on a I domest ic and internat ion al registered mail. The max imum indemnity payable for the u"'' by s\" R~;wd" '°" °""\ reconstruction of nonnegotiable documents under Express Mail document reconstruction insuran ce is $500 pe r piece subject to
additional li mitations for multiple pieces lost or damages in a single catastrophic occurrence . Th e maximum indem nity payable
0~ on Express Mail merchandise insurance is $500, but optional Express Ma il Service merchandise ins uran ce is available for up to
~ $5,000 to some , but not all countries . Th e maximum indemnity payable is $25 ,000 for reg istere d mail. See Domestic Mail
Manual R900 , S9t3, and S921 for limitations of coverage on insured and COD mail. See International Mail Manus/for limitations
of coverage on international mail . Scecial hand li na charaes acclv onlv to Standard Mail IAl and Standard Mail I Bl carcels .
PS Form 3877, August 2000
. Co\dPlete by Typewriter, Ink, or Ball Point Pen
STAFF REPORT
Prepared by: Molly Hitchcock Date : August 3, 2001
ZBA Meeting Date:
APPLICANT:
REQUEST:
LOCATION:
PURPOSE:
September 4 , 2001
Clayton Rhoades for Chicken Express
Sign variance
800 Earl Rudder Freeway (the northwest corner of
HWY 6 and University Drive)
To use additional fonts on a freestanding sign in the
OV Overlay Corridor District.
GENERAL INFORMATION
Status of Applicant:
Property Owner:
Applicable
Ordinance Section:
Business owner
Gateway Fuels, LLC
Section 8.19 OV Corridor Overlay District
Subsection E (Signs)
PHYSICAL CHARACTERISTICS
Zoning and Land Use:
Frontage:
Access:
Topography &
Vegetation:
Flood Plain:
The subject property and adjacent properties are part
of the Gateway Subdivision and all zoned C-B
Business Commercial. Chicken Express will be
moving into the Exxon shopping center. Land to the
west is developed as Cheddar's Casual Cafe .
The shopping center has approximately 250 ft . of
frontage on the HWY 6 feeder road and 230 ft. of
frontage on University Drive.
Access is via a driveway from the Hwy 6 feeder road,
a driveway from University Drive, and a private
access easement shared with Cheddars .
Not located within a floodplain .
VARIANCE INFORMATION
v~~~o.-av:JJ. ~
c/0gf ~Jaz~.
ANALYSIS
Special Conditions:
Hardships:
W\:>l~V'-
\/'P~ ~-\' ~ \,~ .... ~
Alternatives:
Special conditions are unique to the particular property
for which a variance is sought, and not to a business
owner's personal situation. Because of this, staff does
not consider the special condition listed in the application
as a condition appropriate for deliberation in the granting
of a variance to a parcel of land.
Since staff does not agree with the applicant that there is
a special condition, we do not agree that there is a
hardship. Staff believes the ordinance requirement does
not preclude the business owner from reasonable use of
the leased property .
If not granted the variance, the applicant can advertise
with a face on the shopping center's freestanding sign
that uses one or both of the fonts that have been
established by the Exxon or Subway signage . The
applicant also has the option of not using the
freestanding sign .
SPECIAL INFORMATION
Ordinance Intent: The purpose of the overlay district is "to enhance the
image of key entry points, major corridors, and other
areas of concern, as determined by the City Council, by
?'1 ?.in,taini ~a serise oJ ppe~s and conti'2 l}i ty."17 , i-.. 1 ((1 ~ ~1~1C d~~D.L-~·
Other Information: Through his variance process, the applicant is
attempting to argue the legality of the Corridor Overlay's
\J he.-~<'°"~'::> S. signage regulations. The Zoning Board of Adjustment is
\-~ \,-0 i.; "~not the appropriate venue for such arguments. ,).A
~ ~ \a_, ~ ~\ \ l J.) ~ (_()JV' Number of Property 0 ~ 1
1
Owners Notified: \,}) ....> ~
~ '-.I'-\__,._,.r ' .ti..N ' ~ -. ' u... ) s
Responses Received: \'O l ~~ ~ ~'("'"J\.1'\ '"' ~>v\\.JvJ ·(
ATTACHMENTS Al , L ;!,_ I
Location Map ~ ~ U'1' -V"1 ~;f-
Application ~:,/ ~~Qt~ . ~-<Zt, . ~,,, [k,~ Jo_d . GJL__,~ .<'~· 'f-~
MuA~~-d_d~~
OWNAD2
450 S ORANGE AVE
FOUNDATION
FOUNDATION
OWNCTY OV OWNZIP
SAN ANTONIO TX 782370343
ADDISON TX 750014243
HUNTINGTON BEACH CA 926481349
COLLEGE STATION TX778457910
ADDISON TX 750014243
ORLANDO FL 328013383
TEMPLE TX 765080001
TEMPLE TX 765080001
BCAD_IO
R10567
R106520
R106521
R106523
R106524
R106525
-....Rn865
R89827
OWNNAM
WULFE INVESTMENTS l TO
DELMAR 6ARONHEAD I LTD
CSI ASSOCIATES
MAROON CITY PARTNERS LTD
DELMAR SARONHEAD I LTD
CNL APF PARTNERS, LP
SCOTT & WHITE MEMORIAL HOSP &
SCOTT & WHITE MEMORfAL HOSP &
OWNAD1
POBOX37343
15900 DOOLEY RO
18377 BEACH BLVO STE 208
3214 WESTCHESTER AVE
15900 DOOLEY RO
CNL CENTER AT CITY COMMONS
SCOTT , SHERWOOD & "6RJNOLEY
SCOIT, SHERWOOD & BRINDLEY
"' I )
)
/
)
I
I
J
r '
NOTICE OF PUBLIC HEARING:
The College Station Zoning Board of Adjustment will
hold a public hearing to consider a sign variance for 800
Earl Rudder Freeway . Applicant is Clayton Rhodes for
Chicken Express .
The hearing will be held in ·:he Council Room of the Col-
lege Station City Hall, 1101 Texas Avenue at the 6:00
p.m. meeting of the Board on September 12, 2001 .
Any request for sign interpretive services for the hearing
impaired must be made 4;3 hours before the meeting.
To make arrangements cal l (409) 764-3547 or (TDD) 1-
800-735-2989.
For additional information, please contact me at (409)
764-3570 .
Molly Hitchcock
Staff Planner
8-29-01
~v v v
LEGAL NOTICE
DA TE TO BE PUBLISHED: AUGUST 29, 2001 ONLY
BILLTO:
Deb~rah Grace
The City of College Station
P.O. Box 9960
College Station, TX 77842
MasterCard # 5405 8231 9379 5734
Expires 3/02
NOTICE OF PUBLIC BEARING:
The College Station Zoning Board of Adjustment will hold a public hearing to consider a
sign variance for 800 Earl Rudder Freeway. Applicant is Clayton Rhodes for Chicken
Express ..
The hearing will be held in the Council Room of the College Station City Hall, 110 1 Texas
Avenue at the 6 :00 p.m. meeting of the Board on September 12 , 2001.
Any request for sign interpretive services for the hearing impaired must be made 48 hours
before the meeting . To make arrangements call (409) 764-3547 or (TDD) 1-800-735-
2989.
For additional information , please contact me at (409) 764-3570 .
Molly Hitchcock
Sta.ff Planner
August 29, 2001
TO WHOM IT MAY CONCERN:
Re: Sign Variance
NOTICE OF PUBLIC HEARING
This is to notify you that the City of College Station has received an application requesting
a variance for the following property:
Applicant: Clayton Rhodes for Chicken Express
Subject Property: 800 Earl Rudder Freeway. (Corner of University Drive East & Earl
Rudder Freeway) See attached map
Action Reg9ested: Sign Variance
The Zoning Board of Adjustment will hold a public hearing to consider the request on
Wednesday, September 12, 2001 at 6:00 PM at the College Station City Hall Council
Chambers at 1101 Texas Avenue South, College Station, Texas .
All property owners within 200 feet of the subject property have received notification of
this request.
Any requests for sign interpretive services for the hearing impaired must be made 48 hours
before the meeting . To make arrangements call (409) 764-3547 or (TDD) 1-800-735-
2989 .
For additional infonnation, contact the City Planning Office, (409) 764-3570 .
Molly Hitchcock
Staff Planner