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HomeMy WebLinkAbout07/01/2014 - Regular Agenda Packet - Zoning Board of Adjustments Zoning Board of Adjustment July 1, 2014 6:00 P.M. Regular Meeting City Hall Council Chambers 1101 Texas Avenue, College Station, Texas AGENDA ZONING BOARD OF ADJUSTMENT Regular Meeting Tuesday, July 1, 2014 at 6:00 PM City Hall Council Chambers 1101 Texas Avenue College Station, Texas 77840 1. Call to order – Explanation of functions of the Board. 2. Consideration of absence requests.  Chairman Hunter Goodwin, July 1, 2014 3. Discussion of approved Administrative Adjustments.  (AA) – 3002, 3006, 3008, 3015 Papa Bear Drive; to allow driveways to be 2 feet wider  (AA) – 4703 Camargo Court; to remove the rear setback by 2 feet 4. Consideration, possible action and discussion to approve meeting minutes.  June 3, 2014 5. Public hearing, presentation, possible action, and discussion to consider a 10-foot rear setback variance for Lot 21, College Hills Woodlands Subdivision, generally located at 1109 Ashburn Avenue which is zoned GS General Suburban. Case # 14-900133 6. Public hearing, presentation, possible action, and discussion to consider a sign variance for the property located at Lot 1, Block V, University Park Phase 2, generally located at 809 University Drive East, Suite 100-A, which is zoned GC General Commercial with OV Corridor Overlay. Case # 14-900150 7. Consideration and possible action on future agenda items – A Zoning Board Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 8. Adjourn. Consultation with Attorney {Gov’t Code Section 551.071; possible action. The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney-client privileged information issues arise as to the posted subject matter of this Zoning Board of Adjustments meeting, an executive session will be held. Notice is hereby given that a Regular Meeting of the Zoning Board of Adjustment of College Station, Texas will be held on Tuesday, July 1, 2014 at 6:00 p.m. at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda Posted this the_____day of__________, 2014 at______p.m. CITY OF COLLEGE STATION, TEXAS By _____________________________ Sherry Mashburn, City Secretary By _____________________________ Kelly Templin, City Manager I, the undersigned, do hereby certify that the above Notice of Regular Meeting of the Zoning Board of Adjustment of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website, www.cstx.gov. The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on___________________p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: ______________________ by _________________________. Dated this _____ day of____________, 2014. CITY OF COLLEGE STATION, TEXAS By_____________________________ Subscribed and sworn to before me on this the _____ day of_______________, 2014. ______________________________ Notary Public- Brazos County, Texas My commission expires:_________________ This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 979.764.3517 or (TDD) 800.735.2989. Agendas may be viewed on www.cstx.gov. Absence Request Form For Elected and Appointed Officers Name Hunter Goodwin Request Submitted on June 9, 2014 I will not be in attendance at the meeting of July 1, 2014 for the reason(s) specified: (Date) On Vacation. Via e-mail DGR M I N U T E S ZONING BOARD OF ADJUSTMENT Regular Meeting June 3, 2014 City Hall Council Chambers 1101 Texas Avenue 6:00 P.M. MEMBERS PRESENT: Chairman Hunter Goodwin, Johnny Burns, Rick Floyd, David Ohendalski, and Alternate John O’Neill MEMBERS ABSENT: Jim Davis STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planner Jenifer Paz, Principal Planner Jason Schubert, Assistant City Attorney John Haislet, Action Center Representative Jeremy Alderete AGENDA ITEM NO. 1: Call to order – Explanation of functions of the Board. Chairman Goodwin called the meeting to order at 6:02 p.m. AGENDA ITEM NO. 2: Consideration of absence requests.  Jim Davis ~ June 3, 2014 Board Member Floyd motioned to approve the absence request. Board Member Burns seconded the motion, which passed (5-0). AGENDA ITEM NO. 3: Discussion of requested Administrative Adjustments.  14-86 (AA) Aloft Hotel; 1150 University Dr. E.; Reduction of parking spaces (KMS)  14-87 through 14-100 (AA) 3012, 3013, 3014, 3015, 3016, 3017, 3018, 3019, 3020, 3021, 3023, 3101, 3107, and 3109 Papa Bear Dr.; Increase of driveway width (PAZ)  14-101 (AA) 511 University Dr. E.; Reduction of parking spaces (KMS)  14-104 (AA) Southwest Crossing Retail Center; 1301 Wellborn Rd.; Reduction of parking spaces (KMS) Board Member Floyd had general questions concerning Administrative Adjustments. Staff Planner Paz addressed his questions. There was general discussions amongst the Board. AGENDA ITEM NO. 4: Consideration, possible action and discussion to approve meeting minutes.  April 1, 2014 Board Member Burns motioned to approve the minutes. Board Member Floyd seconded the motion, which passed (5-0). AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion to consider a building setback variance for Lot 15 & the adjacent Northwest ½ of Lot 16, Block 3, Oakwood Addition, generally located at 127 Lee Avenue which is zoned GS – General Suburban. Case # 14-900070 (PAZ) Staff Planner Paz presented the staff report and stated that the applicant is requesting a 7.25-foot variance to the required contextual front setback of 45 feet. She ended her presentation by stating staff is recommending approval of the request to reduce the required front contextual setback to 37.75 feet due to the lot size. There was general discussions amongst the Board. Chairman Goodwin opened the public hearing. William Griffin, 6400 Windcrest # 823, Plano, TX, stepped before the Board and was sworn in by Chairman Goodwin. Mr. Griffin, applicant, gave a brief overview of the property and he spoke in favor of the request. There was general discussions amongst the Board. Chairman Goodwin closed the public hearing. Board Member Floyd motioned to deny for discussion purposes only. Board Member Burns seconded the motion. There was general discussions amongst the Board. Board Member Floyd amended his motion for approval of the variance request due to the hardship to the applicant being: the narrow nature of the existing lot negatively affected the front setback of this property and the adjacent lots in the Neighborhood Conservation Area: with the limitation of a 30-foot front setback. Board Member O’Neill seconded the motion, which passed (4-1). Board Member Ohendalski voting against. AGENDA ITEM NO.6 : Consideration and possible action on future agenda items – A Zoning Board Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. There were no items discussed. AGENDA ITEM NO. 7: Adjourn. Board Member O’Neill motioned to adjourn. Board Member Floyd seconded the motion. The meeting was adjourned at 6:35. ATTEST: APPROVED: _________________________________ _________________________________ Deborah Grace-Rosier, Staff Assistant Hunter Goodwin, Chairman Zoning Board of Adjustment Page 1 of 6 July 1, 2014 VARIANCE REQUEST FOR 1109 Ashburn 14-00900137 REQUEST: A variance to Unified Development Ordinance Section 12-5.2 ‘Residential Dimensional Standards’, to allow for a 10-foot variance to the required rear setback of 20-feet. LOCATION: 1109 Ashburn Avenue College Hills Woodlands, Lot 21 APPLICANT: Robert & Suzanne Droleskey, Property Owners PROPERTY OWNERS: Robert & Suzanne Droleskey PROJECT MANAGER: Morgan Hester, Staff Planner mhester@cstx.gov BACKGROUND: The subject property is located in the College Hills Woodlands Subdivision and is zoned GS General Suburban, which allows for single-family residential uses. The property was originally platted in 1939 and is designated Neighborhood Conservation on the Comprehensive Land Use Plan. The applicant’s garage currently encroaches into the 20-foot rear setback ten (10) feet and this location is grandfathered. The applicant is proposing to demolish their home and garage and wish to place their new garage in the same location as it sits today. Therefore, the applicant is requesting a variance to the Unified Development Ordinance (UDO) Section 12-5.2, ‘Residential Dimensional Standards’ to allow for a reduction of 10-feet to the 20-foot rear setback. APPLICABLE ORDINANCE SECTION: UDO Section 12-5.2 ‘Residential Dimensional Standards’ ORDINANCE INTENT: UDO Section 12-5.2, ‘Residential Dimensional Standards’ sets design standard requirements that usually allow for some degree of control over population density, access to light and air, and fire protection. These standards are typically justified on the basis of the protection of property values. RECOMMENDATION: Staff recommends denial of the variance request as a hardship or special condition does not exist in this case. Zoning Board of Adjustment Page 2 of 6 July 1, 2014 Zoning Board of Adjustment Page 3 of 6 July 1, 2014 Zoning Board of Adjustment Page 4 of 6 July 1, 2014 NOTIFICATIONS Advertised Board Hearing Date: July 1, 2014 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: College Hills Woodlands Property owner notices mailed: Nineteen (19) Contacts in support: Two (2) at the time of this report. Contacts in opposition: None at the time of this report. Inquiry contacts: One (1) at the time of this report. ZONING AND LAND USES Direction Zoning Land Use Subject Property GS General Suburban Neighborhood Conservation North GS General Suburban Neighborhood Conservation South GS General Suburban Neighborhood Conservation East GS General Suburban Neighborhood Conservation West (across Ashburn Avenue) GS General Suburban Neighborhood Conservation PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has approximately 98.7 feet of frontage on Ashburn Avenue. 2. Access: The subject property is accessed from Ashburn Avenue. 3. Topography and vegetation: The subject property is relatively flat with some mature vegetation. 4. Floodplain: The subject property is not located within FEMA regulated floodplain. REVIEW CRITERIA 1. Extraordinary conditions: That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of the UDO will deprive the applicant of the reasonable use of his land. The applicant states that due to on-site flooding in the back portion of their property, they will not be able to comply with the current rear building setback of 20-feet for the construction of their new garage. Staff does not believe that an extraordinary or special condition exists in this case as drainage issues can be resolved through other means. Further, a strict application of the UDO would not deprive the applicant of the reasonable use of the property. This property is located in the Eastgate Area Neighborhood and as designated on the Comprehensive Plan is Neighborhood Conservation. The intent of this land use designation Zoning Board of Adjustment Page 5 of 6 July 1, 2014 is to maintain the neighborhood’s character and the applicant states that granting the variance will allow for continuation of the area’s character; however, this does not allow for not complying with minimum building setback requirements. 2. Enjoyment of a substantial property right: That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The variance is not necessary for the preservation and enjoyment of the substantial property right of the applicant. If the proposed variance is not granted, the garage will have to be built to meet the 20-foot rear setback in compliance with the UDO. The current use of the property as a single-family residence in an older subdivision is grandfathered to its current setback encroachment. If the proposed variance request is not granted, the applicant will still be allowed to use the property as a non-conforming structure; therefore, they are not being denied a substantial property right. 3. Substantial detriment: That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this UDO. Granting the variance would not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this UDO. 4. Subdivision: That the granting of the variance will not have the effect of preventing the orderly subdivision of land in the area in accordance with the provisions of this UDO. The granting of the variance will not have the effect of preventing the orderly subdivision of land in the area in accordance with the provisions of the UDO because the subject and surrounding properties cannot be further subdivided unless they comply with the subdivision regulations. 5. Flood hazard protection: That the granting of the variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements. The granting of this variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements due to no portion of this property being located within floodplain. 6. Other property: That these conditions do not generally apply to other property in the vicinity. For new construction, the same setback requirements apply to all properties zoned GS General Suburban and are not unique to this property. 7. Hardships: That the hardship is not the result of the applicant’s own actions. A hardship does not exist on the subject property. The applicant has proposed locating the new garage in the current grandfathered location of the existing garage built in 1951. The request to encroach ten feet into the 20-foot rear setback is a result of the applicant’s own actions and is not the result of a special condition of the property. Zoning Board of Adjustment Page 6 of 6 July 1, 2014 8. Comprehensive Plan: That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this UDO. The granting of this variance does not substantially conflict with the Comprehensive Plan but does conflict with the provisions of this UDO in that it does not comply with current building setback requirements that are applicable to all new single-family homes. 9. Utilization: That because of these conditions, the application of the UDO to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. The application of the UDO standards to this particular property does not prohibit the applicant in the utilization of their property. The setback does not restrict the applicant from utilizing a large portion of the property. The new structure can be built within required building setbacks. ALTERNATIVES The applicant has provided five alternative solutions to the location of their garage outside of the rear building setback, but feel like they will not meet their vision for the property. STAFF RECOMMENDATION Staff recommends denial of the variance request as a hardship or special condition does not exist in this case. SUPPORTING MATERIALS 1. Application 2. Supporting information C*41"" CITY OF COIJ-EGF, STATION Home of Texas Ad -M University" FOR OFFI CE SE ON CASE NO.: f DATE SUBMITTED: TIME: I () ; O STAFF: ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: 350 Zoning Board of Adjustment Application Fee. Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. Additional materials may be required of the applicant such as site plans, elevation drawings, sign details, and floor plans. The applicant shall be informed of any extra materials required. Date of Optional Preapplication Conference May 15, 2014, with Jason Schubert ADDRESS 1109 Ashburn Ave., College Station, TX 77840 LEGAL DESCRIPTION (Lot, Block, Subdivision) Lot 21, Block --, College Hills Woodlands APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Robert and Suzanne Droleskey E-mail sdroleskey@tamu.edu Street Address 1109 Ashburn Ave. it, College Station Phone Number 979-693-1869 (H); 979-324-2345 (Cell) State TX Fax Number n/a Zip Code 77840 PROPERTY OWNER'S INFORMATION (Please attach an additional sheet for multiple owners): Name Robert E. Droleskey et ux Street Address 1109 Ashbum Ave. City College Station Phone Number 979-693-1869 (H), 979-324-2345 (Cell) Current zoning of subject property R-1 Action requested (check all that apply) x Setback variance Parking variance Sign variance Lot dimension variance E-mail sdroleskey@tamu.edu State 7X Fax Number n/a Zip Code 77840 Appeal of Written Interpretation Special Exception Drainage Variance Other pplicable ordinance section to vary from: Inified Development Code section 5.2 — Residential Dimensionaltandar s, Minimum Rear Setback Ti 00indlerof this mqua e, seevompirfe tses in Genre! Vark#m AttahnaEkPwWsd` 10/10 Page 1 of 5 GENERAL VARIANCE REQUEST 1. The following specific variation from the ordinance is requested: Construct a new garage 10 feet from the rear property line instead of the newer requirement of 20 feet. Existinggaragewasbuiltin1951onlandplattedin1940andis10feetfromtherearpropertyline (see expanded response) 2. This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involvingtheparticularproperty. The unique circumstances must be related to a physical characteristic of the property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will run with the land. Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees. Note: A cul-de-sac is a standard street layout in College Station. The shape of standard cul-de-sac lots are generally not special conditions. See expanded response related to the following: 1) placement of new structures on property because of front setback leaves few options; 2) drainage issues impact new house and garage placement; and neighborhood integrity relatedtohistoriclookandfeeloftheneighborhoodasexpressedinEastgateNeighborhoodPlan. 3. The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is/are: Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements of the law. The hardship must be a direct result of the special condition. Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when compared to neighboring properties. Unified Development Code, Section 3.18. E. b. says the Board must determine "that the variance is necessary forthepreservationandenjoymentofasubstantialpropertyrightoftheapplicant. " So, we will address both "the substantial property right" and "reasonable use of the property" (see expanded response related to each of these) 4. The following alternatives to the requested variance are possible: Five other design concepts for garage placement were considered prior to asking for a variance. All were rejected for reasons related to special conditions of the property not of our making, reasonable use of the property, and enjoyment of a substantial property right. (see expanded response related to these). 5. This variance will not be contrary to the public interest by virtue of the followinq facts: 1. There is no change requested to the existing garage location, 2) Easy access to existing utilities will remain, 3) Compliance with the Eastgate Neighborhood Plan will be achieved. (see expanded response related to these) The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied-py proof of authority for the company's representative to sign the application on its behalf. 6 / 1/1y Date 1ono Page 2 of 5 Zoning Board of Adjustment Page 1 of 6 July 1, 2014 VARIANCE REQUEST FOR 809 Univeristy Drive East, Suite 100 14-00900150 REQUEST: A variance to Unified Development Ordinance Section 12-7.5.F ‘Sign Standards’ to allow for two roof signs on one building in a building plot where a freestanding sign already exists. LOCATION: 809 University Drive East, Suite 100 APPLICANT: Rene Lawrence, Laurel House Studio PROPERTY OWNER: Donald Ball PROJECT MANAGER: Morgan Hester, Staff Planner mhester@cstx.gov BACKGROUND: The subject property is located adjacent to the Hilton Hotel at 809 University Drive East. This property has a significant grade change, sitting approximately sixteen (16) feet below University Drive East. Due to this topography, attached signage is difficult to see from the road. The applicant has requested two roof signs instead of attached signs on their building. Based on the ordinance, a building plot may either have a roof sign or a freestanding sign. In this case, the building plot already has a freestanding sign. The area of the roof signs is equivalent to what would be allowed as attached signage. Therefore, the applicant is requesting a variance to the Unified Development Ordinance (UDO) Section 12-7.5.F, ‘Sign Standards’ to allow for two roof signs on one building in a building plot where a freestanding sign already exists. APPLICABLE ORDINANCE SECTION: UDO Section 12-7.5.F ‘Sign Standards’ ORDINANCE INTENT: The purpose of UDO Section 12-7.5, ‘Signs’, is to establish clear and unambiguous regulations pertaining to signs in the City of College Station and to promote an attractive community, foster traffic safety, and enhance the effective communication and exchange of ideas and commercial information. Signs are recognized as being necessary for visual communication for public convenience. Furthermore, it is recognized that businesses and other activities have the right to identify themselves by using signs that are incidental to the use on the premises where the signs are located. The UDO seeks to provide a reasonable balance between the right of a person to identify his or her business or activity and the rights of the public to be protected against visual discord and safety hazards that result from the unrestricted proliferation, location, and construction of signs. RECOMMENDATION: Staff recommends approval of the variance request as a topographical hardship does exist on the property affecting the site’s visibility. Zoning Board of Adjustment Page 2 of 6 July 1, 2014 Zoning Board of Adjustment Page 3 of 6 July 1, 2014 Zoning Board of Adjustment Page 4 of 6 July 1, 2014 NOTIFICATIONS Advertised Board Hearing Date: July 1, 2014 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: N/A Property owner notices mailed: Twenty-one (21) Contacts in support: None at the time of this report. Contacts in opposition: None at the time of this report. Inquiry contacts: None at the time of this report. ZONING AND LAND USES Direction Zoning Land Use Subject Property GC General Commercial and OV Corridor Overlay Natural Areas – Reserved and General Commercial North GC General Commercial Natural Areas – Reserved and General Commercial South (across University Drive East) GC General Commercial and OV Corridor Overlay Natural Areas – Reserved and General Commercial East GC General Commercial and OV Corridor Overlay General Commercial West GC General Commercial and OV Corridor Overlay General Commercial PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has approximately 309 feet of frontage on University Drive East. 2. Access: The subject property is accessed from University Drive East. 3. Topography and vegetation: The property has approximately sixteen (16) feet of difference in grade from University Drive East to the lowest point on the subject site. 4. Floodplain: A tributary of Burton Creek and a FEMA regulated floodplain surrounding the floodway is located on the western portion of the subject property. REVIEW CRITERIA 1. Extraordinary conditions: That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of the UDO will deprive the applicant of the reasonable use of his land. Due to the topography of the site being much lower than University Drive East’s elevation, attached signage would be difficult to see from the road. Roof signs have been proposed so that potential customers from east- and west-bound traffic can see the business’ signage. Zoning Board of Adjustment Page 5 of 6 July 1, 2014 Based on the linear footage of the entry façade of the building, 100 square feet of attached signage would be allowed for this site. Rather than using attached signs for this business, the applicant has proposed to have two roof signs at the allowable attached sign square footage. A strict application of the UDO would deprive the applicant of the reasonable use of the property. 2. Enjoyment of a substantial property right: That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. The current sign regulations in the UDO were most likely not created with the thought of differing topography of sites being at a lower elevation than the roadway. Based on the ordinance, this property would be limited to attached signage which will not have the same effect as other businesses along University Drive East. In this specific case, the ordinance does limit the applicant’s enjoyment of a substantial property right. 3. Substantial detriment: That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this UDO. Granting the variance would not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this UDO. 4. Subdivision: That the granting of the variance will not have the effect of preventing the orderly subdivision of land in the area in accordance with the provisions of this UDO. The granting of this variance would not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDO. 5. Flood hazard protection: That the granting of the variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements. The granting of this variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements because it will not interfere with the portion of the property in the floodway and FEMA regulated floodplain. 6. Other property: That these conditions do not generally apply to other property in the vicinity. The same topographical conditions apply to all businesses in this building plot. All businesses in College Station are subject to the same sign regulations. 7. Hardships: That the hardship is not the result of the applicant’s own actions. The hardship is not the result of the applicant’s own actions but due to the site’s unique topography. 8. Comprehensive Plan: That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this UDO. Zoning Board of Adjustment Page 6 of 6 July 1, 2014 The granting of this variance does not substantially conflict with the Comprehensive Plan but does conflict with the provisions of this UDO; however, due to the site’s topography, signage regulations are difficult to apply as attached signage would not be visible from University Drive East. 9. Utilization: That because of these conditions, the application of the UDO to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. The application of the UDO sign standards to this particular piece of property does not prohibit or unreasonably restrict the applicant in the utilization of the property. ALTERNATIVES Although the applicant has not stated alternatives to this variance, they are aware that they are able to utilize the existing roof sign that faces University Drive East as its size and location are currently grandfathered from current sign regulations. STAFF RECOMMENDATION: Staff recommends approval of the variance request as a topographical hardship does exist on the property affecting the site’s visibility. SUPPORTING MATERIALS 1. Application 2. Proposed signage graphics 0Fq" CITY OF COLLEGE STATION Home of Texas A6 -M University' FOR OFFICE US CASE NO.: DATE SUBMITTE : TIME: V STAFF: ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: 350 Zoning Board of Adjustment Application Fee. Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. Additional materials may be required of the applicant such as site plans, elevation drawings, sign details, and floor plans. The applicant shall be informed of any extra materials required. Date of Optional Preapplication Conference ADDRESS ,am (i(J Iygw_.-rce —p*at/e g561gr ScJl7 e- 100— A LEGAL DESCRIPTION (Lot, Block, Subdivision) UNIIleR6My pA'Rlc pI+,6L 404.9 r, Lo -r I gel -PI -AT APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name F KM>G E-mail AWN Cowl - Street wlStreetAddressA Nr,6 AVE. City 15RV U State 'i9XAS Zip Code 77$03 Phone Number 1q79 ^ 31 y -73 3 Fax Number PROPERTY OWNER'S INFORMATION (Please attach an additional sheet for multiple owners): Name 1:6NALV ?::;ALL- E-mail Street Address 171 Ab JKe>oZ ,. 57'F. 207 City 15 .1414 dd State fi XAS Zip Code 77P02 - Phone Number gl11- 21Vf_ 1132 Fax Number Current zoning of subject property "tNMRArL GO1~C—XG1Ay- Action requested (check all that apply): Setback variance Appeal of Written Interpretation Parking variance Special Exception Sign variance Drainage Variance Lot dimension variance Other Applicable ordinance section to vary from: UNITI-010P ? £`LvPM NT ORDIN G 7. y,. p - i -9'- 10/10 Page 1 of 5 V GENERAL VARIANCE REQUEST 1. The following specific variation from the ordinance is requested: 2. This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving the particular property. The unique circumstances must be related to a physical characteristic of the property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will run with the land. Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees. Note: A cul-de-sac is a standard street layout in College Station. The shape of standard cul-de-sac lots are generally not special conditions. n'1e- PROPERI'( 16 SI014InCAVTVI 1311.0W SfiFVVfit,C-K.. 5WPAF-D fTOrCNED S I&WW Wm,9 NW- 6E Y151 OLIF "04 STAT I.0VV1- ANO TN912-eF-*PE VULD WT KE &9 )7 13L -C Ta 01*MI5"MM W4AL- PFLOP15RMS X4101a U N uP-S 3. The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is/are: Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements of the law. The hardship must be a direct result of the special condition. Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when compared to neighboring properties. pv1r ?a sIc^14IF cA1' T CiR-Ave7 Levig1- r_HANJ 1 VMVIE 1 1H6 $rwr AND 'HIL "rwafy fau-oWIN(4 AT NCOV Sic-,NXqE 01W IN Aa0R-VAVcC Ta 1-4-F WoVL.V siewipIcw ly MKV Yls oa' COM W14H . 51 INS IN poor - I av/r F260 Xk -b SIWA19kE, I' We' GrovW OAT C, MF -A 4. The following alternatives to the requested variance are possible: sy O3' WE' NAND' No Melt- A iVILJATWE7 'n VIS VARIANCE aGfPT 10 Vr11i7,V MC vIS l6 e-Its( g!C1iTINO vow SIW) W4'IIc.9 IS Din -DAM, VN/1?i'WrW, SMAS ANI) INGoMP/cRlt w IN &I'Z f KNO V161 0,11.41%(1"0 o &0MM6FCIAJ, pMPMJJ0I 1 W. 5. This variance will not be contrary to the public interest by virtue of the following facts: Tilts Is k vNiavE 6"vMsr7w o . go o1' o- PRoPERT''( IN CS Sr1A9E3 THESE dkHE cwprnw. AW THW47W-y THIS ViaR+MW WI4. 144T Sn-A PIfCEPWr nF- UNArti'•"c011Vt: vryre!Grsvqty KovF- sI(a v r The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. oWt- Signature and title velt 1 /14 Date IF— k vAOLZ wD, WEI L- LIT -1CUP".ANNA w1TVP' VSWA ov1- ?PVr SS?0"k -T- 96itiNib P ip"cTIVvtj;y" 416 tfiL-/ y im"v.(tie p*3 Netc_ oir vel 10/10 F"Fe ry 4m sfPtGfj !''P Mv- 1 " WILL- APP Page 2of5 Al-RAtf (vc 06MM&-CIKL C6*19W-- AUPA uNIVV(`-';1T"( b94Va, WfPocs Ili 6 cult -MT' 5tr4NA f * AtWviw S icltJ( Cta E WaULpIWoE s tier. 0Fq" CITY OF COLLFGF, STATION Home of Texas A&M University' ZONING BOARD OF ADJUSTMENT RULES AND PROCEDURES The Zoning Board of Adjustment hears requests for variances and special exceptions, appeals of the Administrator's decisions, Airport Zoning Board Adjustments, floodplain and drainage ordinance variance requests, and PITY ordinance special exceptions. The ZBA is a fact-finding body, and to grant variances it must determine the existence of special conditions other than solely financial, which create an undue hardship for applicants. Positive action requires an affirmative vote by at least four (4) of the five (5) members. Recourse from ZBA decisions is to a Court of Law and appeals must be made within ten (10) days of the decision, which become final at Thursday noon after the meeting. The ZBA shall develop and adopt rules in accordance with State law and City ordinance to govern the ZBA and its meetings. APPLICATION Any variance request, special exception, appeal of a decision of the Administrator or floodplain ordinance variance request shall be preceded by the applicant submitting to the Administrator a completed: 1) Application 2) Request Form Applications and request forms are available from the Planning & Development Services Department or online at www.cstx.gov/aplications.. The Administrator shall assist the applicant in determining the zoning of the tract and in identifying the applicable ordinance section for the application. The applicant shall attach an additional sheet(s) if he cannot fully explain his request in the space provided on the request form. Additional materials may be required of the applicant such as site plans, elevation drawings, and floor plans. The Administrator shall inform the applicant of any extra materials required. An applicant shall submit the non-refundable application fee, payable to the City of College Station, to defray notification costs. The fee is required at time of application submittal. APPEAL OF THE PLANNING ADMINISTRATOR DECISION Appeals of Administrator's decisions shall be filed within thirty (30) days of the decision. The ZBA shall hear the appeal within sixty (60) days after a complete application is received by the Administrator. The ZBA shall decide the appeal within a reasonable time. The ZBA may reverse or affirm wholly or partly, or may modify the order, requirement, or decision, of the Administrator by a concurring vote of at least four (4) of the five (5) members. The completed application and request form must be received by the the Planning & Development Services Department by 10:00 AM on the designated deadline date, which is indicated on the attached Deadline/Meeting Date Information schedule. When the application and request form are received the item will be placed on the next available ZBA Meeting agenda. All required notices will be published. The applicant has the responsibility to verify his item has been placed on a ZBA meeting agenda. 10/10 Page 3 of 5 NOTICE The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than one (1) week prior to the meeting. The Secretary to the Board shall notify property owners within 200 feet of the property for which a request is pending of the ZBA meeting by certified mail not less than (1) week prior to the meeting. Such owners shall be determined by the Secretary to the Board. When deciding which property is within 200 feet, measurements shall be made in a straight line, without regard to intervening structures of objects, from the nearest portion of the property for which a request is pending to the nearest portion of other properties. Notice by certified mail to such owners shall correspond to the owner's names and address as shown on certified taxroles even if the tax rolls are incorrect or outdated. At the applicant's request, the Secretary to the Board shall notify any interested person of the ZBA meeting by regular mail not less than one (1) week before the meeting. The Secretary to the Board shall place a notice of the ZBA meeting in THE EAGLE two (2) weeks prior to the meeting. MEETING Robert's Rule of Order, newly revised, shall be followed. Meetings shall be held the first Tuesday of each month at 6:00 PM. Packets for ZBA Members shall be mailed by the Secretary of the Board the Friday before the meeting. Each item before the ZBA must be heard by at least four (4) members. The ZBA may act on any request with or without the applicant's presence at the meeting. When hearing requests, this procedural format shall be followed: Staff Report ZBA Members ask questions Public Hearing ZBA discussion and action MINUTES The Secretary to the Board shall tape record all meetings. Tape recordings of meetings shall be kept for three (3) years. Minutes of the meeting shall be typed by the Secretary to the Board in paraphrased form to reflect pertinent points of discussion (in the Secretary's judgement). No transcription will be made. Minutes shall be signed by the Chairman after they are approved by the ZBA. PUBLIC HEARING Witnesses shall be placed under oath by the Chairman using this statement: "Do you swear or affirm to tell the truth in this proceeding under penalties of perjury?" Witnesses include the applicant and interested persons. MOTIONS Motions shall be made on the Motion Format Form and be positive or negative. Negative motions (motions to deny a request) should be made when the ZBA finds no special conditions, no undue hardship, or that the spirit of the ordinance will not be preserved. Negative motions which fail do not imply the request is granted. Requests are only granted when a positive motion is passed by at least four (4) ZBA Members. Requests are denied when a negative motion is passed by a majority of members present. REHEARING Applicants must have the ZBA's approval to present the same or a similar request regarding the same property after denial of such request by the ZBA. When a request is denied, within ten days of the denial, the applicant may request that the ZBA rehear the request at a future date. To make this request, the applicant must submit to the Administrator new information that was previously not available to the Board. 10/10 Page 4 of 5 Within the ten days, the Administrator will put the request to rehear on the next available ZBA meeting agenda. To decide to rehear a request, the ZBA must determine the information provided by the applicant is new and relevant to their decision point of a hardship(s) as a result of a property's special condition(s). ZBA approval to rehear a request requires a motion to rehear, a second to that motion, and passage by a majority of members present. The determination that information previously not available is relevant to a request's hardship and special condition does not necessarily indicate the eventual approval of a request. If the ZBA approves a request to rehear, the applicant must pay a new fee by anestablished deadline to be scheduled for a future meeting. APPEAL DECISION If an applicant wishes to appeal a ZBA decision, he must file a petition with a court of record within ten (10) days after the date the decision is filed in the Planning & Development Services Department. 10/10 Print Form Page 5 of 5