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HomeMy WebLinkAbout06/02/1987 - Regular Minutes - Zoning Board of AdjustmentsMINUTBS • CITY OF COLLBGB STATION, TBXAS Zoning Board of Adjustment June 2, 1987 7:00 P.M. MBMBBRS PRBSBNT: Acting Chairman Gilmore, Members Bvaks, Alternate Member Julien, newly appointed Members Michael Gentry, Joe Thompson, newly appointed Alternate Member Brett Henry and Council Liaison Gardner MEMBERS ABSBNT: Chairman Ruesink STAFF PRESBNT: Zoning Official Kee, Planning Technician Volk; Director of Planning Callaway, City Attorney Locke and Assistant City Attorney Banks attended the last part of the meeting AGBNDA ITBM N0. 1: Administration of Oath of Office to newly appointed ae~bers of the Zoning Board of Adjustment. Council Liaison Gardner administered the Oath of Office to newly appointed members Thompson, Gentry and alternate member Henry. AGBNDA ITBM N0. 2: Call to order - explanation of functions and liaitations of the Board. • Acting Chairman Gilmore called the meeting to order, opened the public hearing and explained the functions and limitations of the Board. AGBNDA ITBM N0. 3: Approval of ainntes - aeeting of May 19, 198?. Mr. Julien made a motion to approve the minutes; Mr. Evans seconded the motion which carried unanimously. (NOTE: Only Julien and Evans attended the previous meeting; others approved the minutes as to form only.) AGBNDA ITBM NO. 4: Hear visitors. No one spoke. AGBNDA ITBM NO. 5: Consideration of a request for a variance to Section 12.3 0 Ordinance No. 1638 regarding fuel price sign area regulations at the existing service station at 815 Texas Avenue. Owner of the property is LaOerne Glaisyer. Applicant is Rudolph Prigge. Mrs. Kee explained the request is to have a Fuel Price Sign larger than the 16 square feet allowed by ordinance, and referred to a graphic provided by the applicant which indicates the request is actually far a Fuel Price Sign approximately 50 square feet in size to be attached on the same poles, but under the existing "freestanding" Bxxon sign. She read from the applicable ordinance section, Section 12.3.Q. of Ordinance No. 1638, and then explained the purpose statement included in that section of the • ordinance. She informed the Board that previous action on this property was taken in 1984 when variances to the front and rear setbacks were granted for expansion and remodeling of the existing station. She stated that 7 adjacent property owners had been notified of this pending action, and only one had responded, and he had • indicated he had no problem with the request. Mrs. Kee finalized by showing the location of the existing Fuel Price Sign on a site plan and reported that following a search of records, it was determined that no other sign variance requests dealing with fuel price signs could be found with exception of one appeal in 1982 when the Board upheld the applicant's request that a fuel price sign could be a separate detached sign, but could not be portable. There were no questions from the Board, so the applicant was invited to address the Board. Mr. Prigge declined the invitation, but following a question from Mr. Bvans concerning the hardship which would result from strict enforcement of the ordinance, Mr. Prigge was requested to come forward to reply. He came forward, was sworn in and replied that the hardship would be that since 1 sign is on one side of his project, and the other on the other side, and given the height and location of the Fuel Price Sign and the speed of passing vehicles, it is difficult for drivers to read the sign in time to take action. Mr. Gentry asked if the aim of locating the Fuel Price Sign under the existing Bxxon sign is to attract traffic, why couldn't a sign which meets ordinance regulations be placed at the same location and do the same job. Mr. Prigge stated he did not know if a sign no larger than 16 square feet would fit in the existing H-frame poles. Mr. Gentry suggested that perhaps one could be suspended under the Bxxon sign and still comply. Mrs. Kee stated that would be acceptable, but as she understands the request, the sign being proposed is the smallest Fuel Price Sign furnished by the Bxxon • corporation, and that is why it is being requested. Mr. Gentry asked Mrs. Kee if the only thing that matters regarding a Fuel Price Sign is the size of the face of the sign, and not the height or location, and Mrs. Kee replied that is correct, except that fuel price signs cannot be in the right-of-way. Mr. Julien stated that perhaps a sign could be designed which would comply which advertises only 1 product. Mr. Gilmore explained to Mr. Prigge that a special hardship other than solely financial must result from enforcement of the ordinance before the Board can grant a variance, and so far during this presentation, he has not been able to identify any hardship. Mr. Prigge stated that the hardship is not financial, but the location of the existing sign was only to be temporary until a decision was reached for a permanent location, and in fact, he has a sign permit for a new sign. Mrs. Kee clarified by stating that in October 1985 a permit application was brought to her far the existing Bxxon sign which had a 50 square foot Fuel Price Sign attached under it. She made a note on the application that the maximum size allowed for a Fuel Price Sign was 16 square feet, but the applicant chose to erect the Sxxon sign without the Fuel Price Sign suspended below. Mr. Gilmore sum®arized the request as heing for a 50 square foot Fuel Price, with the alternative being to have a sign made to suspend under the existing Bxxon sign which would meet regulations. Mr. Prigge concurred. Mr. Bvans then made a motion to deny a variance to the sign regulations from the terms of this ordinance as it will be contrary to the public interest due to a lack • of unique special conditions not generally found within the City 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 and intent of this ordinance ZBA Minutes 6-2-87 page 2 shall be preserved and the general interest of the public and the applicant served. • Mr. Thompson seconded the motion. Mr. Bvans explained that he had made this motion because there are alternatives which, although they do not meet Bxxon's standards, do meet the City of College Station's standards. Laverne Glaisyer, who was in the audience with the applicant, asked to be allowed to come forward and address the Board. Permission was granted and she was sworn in and identified herself as being the owner of the property at 815 Texas Avenue South. She explained that Bxxon has this 50 square foot Fuel Price Sign available for use at this location, and additionally, that Bxxon will not allow she and Mr. Prigge to make their own sign to be attached to Bxxon's poles. She stated that the hardships are that there are no other locations on the site to place a different Fuel Price Sign from where they already have one, and a small sign can be construed as being a possible traffic hazard because traffic has to slow down to be able to read the smaller sign. Discussion followed among Board members with Mr. Henry asking if the existing freestanding sign is the maximum height allowed by ordinance, and Mrs. Kee replied that she thinks it is 25 feet high now and could possibly be taller due to the setback, adding that the setback must be at least 70 feet to allow the maximum 35 foot tall sign allowed by ordinance. Mr. Gentry asked if the size of the Bxxon sign is maximum allowed and Mrs. Kee replied that ordinance would allow it to be approximately twice the size it is now. Mr. Gentry asked if the size of the Bxxon sign and the Fuel Price Sign could be combined to make a total square footage allowed. Mrs. Kee replied that she has never interpreted the ordinance in that way, • and if someone came to her with that proposal, she would bring it to the Board for interpretation. Mr. Gilmore stated that there is a motion and a second on the floor, then called for votes. The motion to deny the request carried unanimously (5-0). Mr. Gentry asked if the applicant could request an interpretation which would allow any size Fuel Price Sign to be a part of the business' freestanding sign as long as the combined areas do not exceed the total allowed by ordinance for a freestanding sign. Mrs. Kee replied that she would like to have an indication from the Board as to how they felt about that type of interpretation before she advised the applicant to spend the fee for a new application. There was no response from the Board to her request. AaBIiTDA ITB!! N0. 6: Presentation by Legal Departaent covering duties, functions and liaitations of the Zoning Board of Adjuat~ent. City Attorney Locke came forward, handed out a memo to Board members and briefly review that memo. She began by referring to Section 15B of the Zoning Code which states that the Board has the power to "authorize upon appeal variances of the yard, lot width, lot depth, signs, minimum setback, off-street parking, or off-street loading regulations from the terms of this ordinance as will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship so that the spirit of the ordinance shall be observed and substantial justice done." • She then briefly covered cases in which the City has been involved as a litigant and compared them with the experience of other Boards where possible. Additionally, she ZBA Minutes 6-2-87 page 3 covered several recent cases she thought were fairly significant to the Board including one regarding the removal of a structure, one which cited that the exercise • of discretion in favor of one confers no right upon another to demand the same decision...The [Board] may refuse to duplicate previous errors, to change its views as to what is in the best interest of the [town], and may give way to slight differences which are not easily discernible. She finalized her presentation by referring to one case which exemplified the principle that one cannot do with a variance what one is not permitted to do in the zoning district, and pointed out that the court, in its decision, pointed out that the term "special conditions" has been interpreted to mean that the property is not environmentally suited to be adapted to s conforming pse" and that the "finding of a financial hardship does not constitute substantial evidence of an unnecessary hardship under Article lOllg." She offered to answer any questions and Mr. Gentry asked if the case considered at this meeting were litigated where the sign is not half of the allowed square footage, why not allow the Fuel Price Sign to be larger than ordinance regulations for a separate Fuel Price Sign in these cases. Mrs. Locke replied that it would be an issue in a court. Mr. Evans stated that the people who have service stations have fought to be allowed a freestanding Fuel Price Sign, and this would seem to be a tradeoff. Mrs. Kee replied that perhaps a combination of square footages could be considered a viable interpretation. Mr. Gentry stated that it is not uncommon to see 2 price signs; one incorporated into the company sign and a separate fuel price sign. There was no other discussion of this item. AGBNDA ITBM N0. 7: Other business. • Mrs. Kee reported there will be a meeting on June 16th. Mr. Gilmore asked if there would be another workshop, an combined workshop with council to be beneficial, and th that they pick up their packets early enough to visit t considered. AGBNDA ITBM NO. 8: Ad3ourn. d stated he found the en suggested to all members he sites of the items to be Mr. Evans made a motion to adjourn. Mr. Gentry seconded the motion which carried unanimously, and the meeting was adjourned. APPROVED: Chairman, pavd C. Ruesink ATTEST: -u „"~' --_ __ _-__'~~ --- City Sec ry, Dian Jones • ZBA Minutes 6-2-87 page 4 .7 LON[NC BOARD OF ADJUSTMENT FORMAT FOR NB(iATIV6 MOTION Variance to Sign Regulations: From Section 12, Ordinance 1638 r: 1 move to deny a variance to the sign regulations from the terms of this ordinance es it will be contrary to the public interest, d u e t o ~.__1_a.s~c.---o_f ..u cL].~ 5~ ~$-Re-~i.~1 _ .can ~; t i o n a n o t within the City: -^~-~^•---~-. generally found --------------------------- 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 and intent of this ordinance shall be preserved and the general interests of the public and the applicant served. Motion made by: __~O~,y` 1 ~~~,~ ~~~ ~~~~ Motion seconded by: s~~ - -------- Q.".ti ,, . Voting results: i -------,r ,~- ~' Chair signature ~~ --- ' - ----------------------- Date ZONING BOARD OF ADJUSTMENT GUEST REGISTER • DATE June 2, 1987 NAME ADDRESS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. • 12. 13. _ . --- _- 14. 15. 16. 17. 18. 19. 20. 21. 22 23. 24. • 25.