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Zoning Board of Adjustment
January 10, 2006
CITY OF COLLEGE STATION, TEXAS
6:00 P.M.
MEMBERS PRESENT: Chairman Jay Goss, Donald Braune, John Richards, Alternate Denise
Whisenant& Alternate Charles Taylor.
MEMBERS ABSENT: Graham Sheffy, Josh Benn & Alternate Denise Derek Dictson (not
needed)
STAFF PRESENT: Staff Assistant Deborah Grace, Planning Administrator Molly Hitchcock,
Staff Planners Jennifer Reeves, Crissy Hartl, and Lindsay Boyer, Senior
Planner Trey Fletcher, Senior Assistant City Attorney Carla Robinson,
Assistant City Attorney Angela Deluca, Mapping Specialist, Sven Griffin,
GIS Technician, Adrian Welsh.
AGENDA ITEM NO. 1: Call to order—Explanation of functions of the Board.
Chairman Goss called the meeting to order.
AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests.
Mr. Benn submitted an absence request stating that he could not attend due to work related business.
Mr. Braune made the motion to approve the request. Mr. Richards seconded the motion, which
passed unopposed(5-0)
Mr. Sheffy submitted an absence request stating that he could not attend due to recuperating from being
in the hospital. Mr. Richards made the motion to approve. Mr. Braune seconded the motion, which
passed unopposed(5-0).
AGENDA ITEM NO. 3: Consideration, discussion and possible action to approve meeting
minutes from the November 1,2005 Workshop and Regular Meeting.
Mr. Richards made the motion to approve. Ms. Whisenant seconded the motion, which passed
unopposed(5-0).
AGENDA ITEM NO. 4: Public hearing, presentation, possible action, and discussion of a
landscape variance for 3205 Earl Rudder Freeway South, Lot 1, Block 1, in the C.S.L. of Texas
Subdivision. Applicant is Anthony L. Jones. (05-206)
Staff Planner Crissy Hartl presented the staff report and stated that the applicant is requesting the
variance to exclude a drainage easement from area calculations for landscape point requirements.
In 1998, the applicant submit a a site plan application for the cons, motion of Legacy Construction
office building. The site plan included two phases for construction. The first phase included the
western portion of the lot that fronts on Earl Rudder Freeway South, excluding the 60-foot drainage
easement. The second phase contained the eastern portion of the lot and the entire 60-foot drainage
easement. Landscaping points were calculated for Phase I, and was built accordingly.
The applicant has since submitted a site plan to develop Phase II and wishes to remove the entire
drainage easement from the landscape and streetscape requirements, thus his is requesting a variance of
1002 landscape points and 3 canopy street trees.
The applicant states as his special condition: "Staff in 1998, did not want anything to incur blockage
within this area. It is an offsite drainage/collection facility for Sebesta Road and surrounding properties.
We maintain, mow and clear trash in all of the drainage easement".
The applicant states as his hardship: "This is a large detention/collection facility that will handle a lot of
offsite property yet to be developed. I'm respectfully requesting that the drainage area not be included
with any of the landscape calculations for the new office"
Staff is recommending denial for this request. In order to meet landscaping requirements, landscaping
does not need to be planted in the easement, but rather compensated throughout the site.
Mr. Braune asked if any portion of the drainage detention area was included in the phase I landscape
calculations. Ms. Hartl referred to the aerial map and pointed out that there was a small portion
included in the first phase.
1 Chairman Goss stated that Mr. Jones indicated that the detention area services other properties. Ms.
Hartl replied that was correct.
Chairman Goss opened the public hearing.
Anthony Jones, 3205 Earl Rudder Freeway South, stepped before the Board and was sworn in by
Chairman Goss. Mr. Jones spoke in favor of the request. Mr. Jones made correction that none of the
property was included in the first phase landscape calculations. Staff at that time made
recommendations for no landscaping to be included since it was for a detention area. Mr. Jones stated
that right now there is over 7000 points of trees that have not been counted. Mr. Jones ended by saying
that he is asking for the variance by not using the calculations in the drainage area.
Mr. Goss asked Mr. Jones if he had a conversation with staff concerning the landscape points he
indicated were not being counted. Mr. Jones replied that he did not think about it until he got his staff
report and so he wanted to indicate it at the meeting.
Mr. Taylor asked staff if landscaping could be planted in the drainage easement. Ms. Hartl replied that
it would be allowed outside the easement along the fringe of it.
With no one else stepping forward Chairman Goss closed the public hearing.
ZBA Minutes January 10,2006 Page 2 of 8
Mr. Taylor made the motion tm authorize a variance to the landscaping _..quirements form the terms of
this Ordinance as it will not be contrary to the public interest, due to the following special conditions:
--,.the property is burdened by an easement which is a drainage collection for adjacent property; and
)because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to
this applicant being: it would be difficult to successfully maintain in a flood collection area; and such
that the spirit of the Ordinance shall be observed and substantial justice done. Mr. Braune seconded
the motion, which passed(4-1). Denise Whisenant voting against granting the variance.
AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion to
consider a parking variance for 1200 University Drive East, Lot 1, Block 1, in the Wheeler
Subdivision Phase 2. Applicant is Rabon Metcalf Engineering for Mae Dean Wheeler. (05-214)
Staff Planner Jennifer Reeves stated for clarification that the request is for parking setback variance.
Ms. Reeves presented the staff report and stated that the applicant is requesting a front setback, for
parking along Lincoln Avenue, of 10-feet from the parking area, instead of 20-feet that is required in
Section 5.8.A.1 Setbacks. The property is located in the Corridor Overlay District.
For Special Conditions the applicant states that "the subject property is encumbered by multiple items
which restrict the developable and buildable area" The items are summarized as follows:
A secondary drainage way, flowing south to north, bisects approximately through the middle of the
property;
An unnamed tributary of Burton Creek, located in the secondary drainage system, bisects the northern
1/3 of the property. This creek drains from west to east and is a studied creek with mapped floodway
}and floodplain. This floodway is located in a platted variable width drainage easement which is
-- significantly wider than the studied floodway;
A 30-foot wide gas easement, running north and south, bisects approximately through the middle of
the property; and
A 20-foot wide sewer easement, running west and east, bisects the northern 1/3 of the property.
As a hardship the applicant states that the "Reasonable development of the land would be significantly
decreased and undesirable due to the reduced buildable area and locations for accessory uses on the part
of the multiple encumbrances and the required corridor setback increases".
Staff supports the applicant's special condition and hardship, of existing floodway, floodplain and
drainage way that bisects the subject property and inhibits the developable area.
The setback for parking that is not located in an Overlay District is 10-feet from a right-of-way. The
subject property is located in the Corridor Overlay District and is required by Ordinance to provide a
20-foot parking setback if parking is located along the right-of-way. Because of the above mentioned
special conditions and hardships and the applicant still meeting the spirit of the Ordinance by providing
a 10-foot parking setback, staff recommends approval of this variance request.
ZBA Minutes January 10,2006 Page 3 of 8