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HomeMy WebLinkAboutStaff Report_Page_05ZBA MINUTES 8-20-85 running through it, and they want to follow a plan which follows the natural drainage in the area and retain the natural beauty. Mr. Ogdon stated that perhaps the hardship is putting in a building of this size to serve the market area, and . there is not enough room for a building this size and parking to meet the requirements for it in this lot. Mr. Wagner then offered a motion to authorize a variance to the parking requirements (Section 7) from the terms of this ordinance as it will not be contrary to the public interest, due to the following unique and special conditions of the land not normally found in like districts: (1)The building will be constructed in reclaimed land in order to provide for maximum parking and adequate landscaped appearance; and, (2)Any further fill-in would jeopardize the natural drainage inherent in the area, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being that the ordinance requirement of 1 space per 150 square foot of gross floor space does not take into account the specialized medical services being proposed by the applicant. The motion was seconded by Mr. Swoboda. Mr. McGuirk asked how many this would be for and Mr. Wagner said the agenda says 67, but apparently that was an error, and it should be for 68 spaces. Votes on the motion were cast and the motion carried by a vote of 4-1 with Mrs. Meyer voting against it. Chairman Upham then declared a 5 minute recess. After the recess, the meeting was reconvened. AGENDA ITEM NO. 6: Consideration of a request for variance to Section 7 Ordinance 850, the parking regulations, for 7 parking spaces to allow 20 seats in a liquor store at 817 University Drive. Applicant is Gary Martin. Mrs. Kee explained this request, stating that the applicant must have 8 seats inside the building accord ing--6&'Ah6 Texas Alcoholic Beverage Commission in order to receive the type license for which he has applied, -and wants 12 seats outside on a patio. She went on to explain that the applicant had not addressed the seats indoors because he was not, at the time of filing for the variance, aware of the necessity of including them. She then identified area uses, property lines and setback lines, adding that according to a parking survey made of this shopping center several years ago there are not enough parking spaces on the lot for thg center, therefore it is a non -conforming shopping center. She then referred to similar requests and results made by the Board in the area in the past. Gary Martin, 3217 Plantation Road, Austin, Texas was sworn in and explained that he has existing business locations, adding that the TABC requires "adequate indoor seating" just to get the required license, adding emphatically that indoor on - premise consumption is not encouraged. He went on to explain that other business locations have drive-in service only (which is acceptable) due to interpretation by local TABC offices. He then explained that this building exists, and there is no room for over 1 parking space on the lot, but that Mr. Gatti's is alloting 10 spaces for this business, and Mr. Culpepper, owner of the shopping center, has allotted 3 spaces. He went on to explain that even though this shopping center is non -conforming because it does not have the required number of parking spaces, he has never seen the parking lot even close to being full. He then went, on to explain that because of the location of this business, he anticipates that much of his business will be walk-on from the campus directly across the street. 5