HomeMy WebLinkAboutStaff Report STAFF REPORT
Project Manager: Molly Hitchcock Date: April 5, 2005
Email: mhitchcock@cstx.gov
APPLICANT: Roger Pasch
REQUEST: Expansion of a nonconforming use
LOCATION: 415 Graham Road
PURPOSE: To increase the square footage of area within an existing structure
devoted to a nonconforming use.
GENERAL INFORMATION
Status of Applicant: Representative for Energy Laboratories, Inc.
Property Owner: GDR LLC
Applicable
Ordinance Section: UDO Section 6.2.0 Use Table
PHYSICAL CHARACTERISTICS
Zoning and Land Use
Subject Property: M-2 Heavy Industrial used for light industrial and
storage
North: R-4 Multi-Family developed as senior apartments
West: M-1 Light Industrial used for light industrial (a large portion of
the site remains undeveloped)
East: M-2 Heavy Industrial used for outdoor storage/sales
South: Across Graham is M-2 Heavy Industrial used for
commercial-industrial
Frontage: Approximately 110 feet along Graham Road
Access: From Graham Road
Topography &
Vegetation: Flat with no landscaping
Flood Plain: Not in a flood plain
VARIANCE INFORMATION
Background: The facility at 415 Graham was developed before annexation in
1992 and expanded in 1995, under the City of College Station's
Zoning Ordinance. Under the Zoning Ordinance, many zoning
districts were cumulative—uses permitted in less intense zoning
districts were allowed in the related zoning district(s) for higher-
intense uses. For this reason, laboratories, offices, and storage
(light industrial uses) were permitted in M-2 Heavy Industrial
zoning districts. When the City adopted the Unified
Development Ordinance in 2002, cumulative zoning was
removed in order to encourage the highest and best use of the
property and eliminate possible compatibility conflicts.
When the UDO took effect, Energy Laboratories, Inc.'s
laboratory use became legally nonconforming and was allowed
to continue. The business would now like to expand their lab
into some of their existing storage space. To do so, they must
be granted permission from the ZBA to expand their area of
nonconformity. The UDO prohibits expansions greater than
25% of the original area of nonconformity. Of their 5,228 sq.ft.
of laboratory space, Energy Laboratories, Inc. wishes to expand
an additional 960 sq.ft., or 18.3%.
ANALYSIS
Special Conditions: The shift from cumulative to non-cumulative zoning with the
adoption of the UDO has limited a previously permitted land use
on the property.
Hardships: The property can not be utilized as originally intended when
developed.
Alternatives: The property owner may request a rezoning to M-1 from
the City Council. They have also offered a reduction of
their request to an expansion of 480 sq.ft., or 9.2%.
SPECIAL INFORMATION
Ordinance Intent: The intent of different zoning districts is to promote the public
heath, safety, and general welfare of the citizens of College
Station. The UDO regulates land use to achieve the objectives
of the Comprehensive Plan, which include:
• The promotion of the beneficial, economic, and appropriate
development of all land and the most desirable use of land
in accordance with a well-considered plan;
• The protection of the character and established pattern of
desirable development in each area; and
• The prevention or minimization of land-use incompatibilities
and conflicts among different land uses.
Other Variances: When the property was replated into two lots and the facilities
expanded in 1995, the applicant at the time (Soil Analytical)
requested a special exception to expand a nonconforming
structure. The original building was built before it was within city
limits and, consequently, did not meet the development
requirements of the Zoning Ordinance. When the additional
structure was built, Soil Analytical requested that they be able to
build without meeting parking and landscaping requirements.
The exception was granted.
Number of Property
Owners Notified: 7
Responses Received: None as of date of staff report.
ATTACHMENTS
1. Location Map
2. Application