HomeMy WebLinkAbout07/19/1983 - Regular Minutes - Zoning Board of AdjustmentsMINUT~$
• CITY OF COLLEGE STATION, TEXAS
Zoning Board of Adjustment
July t9, 1983
7:00 P.M.
MEMBERS PRESENT: Chairman Cook, Members Wendt, Wagner, MacGilvray ~ Upham
MEMBERS ABSENT: Alternates McGuirk ~ Meyer
STAFF PRESENT: Zoning Official Kee, Asst Zoning Official Dupies ~ Planning Technician Volk
Chairman Cook opened the public hearing and stated the duties and obligations of this Board.
AGENDA ITEM N0. 1: A rovat of Minutes - meetin of June 21, 1
Agenda Item #7 of the meeting of Mav 17, 19 3.
S and of the Minutes of
Mr. MacGilvray made a motion to approve the minutes of the June 21st meeting with Mr.
Upham seconding. Motion carried unanimously (5-O).
Mr. Upham then made a motion to approve the modified minutes of agenda item #7 of the
meeting of May 17th with Mr. MacGilvray seconding. Motion carried unanimously (5-0).
AGENDA ITEM N0. 2: Consideration of a request for renewal of a conditional parking
variance at 411 University Drive. Application is in the name of Lone Star Yogurt Company
and is for the business operating under the name of The Yogurt Pump at the above address.
Chairman Cook asked to be excused from the Board, but Mr. Upham explained that it would
not be necessary to be excused because this particular request cannot be considered at
this time due to the moratorium which the City Council set down last fall concerning
variances in Northgate, and he further explained that the Board has been instructed to
keep the status quo in that area until the moratorium is lifted, therefore, it is his
opinion that the variance which was granted last July will stay in effect until after
the moratorium is lifted. Mr. Upham then made a motion to table this agenda item until
the moratorium is lifted to 6e brought off the table at the regular meeting in September,
1983. Mr. MacGilvray seconded the motion. Chair asked the applicant if he wanted to
speak, but he did not. Mr. Wagger asked for a review of what happened at the September
meeting in 1982 with the City Council and Mr. Upham explained that he believed that the
Northgate Committee was directed to study the problems in the area and at the end of the
o year period City Council would give direction to staff and the Board after a thorough
review of the Committee's findings, Motion to table this item until the September meeting
was carried unanimously (5-O).
AGENDA ITEM N0. 3: Consideration of a request for variance to the minimum lot width
as re wired b Ordinance 850 Table A. Ap lication is in the name of Joseph L. Mashburn
and is for the property at O1 Highland.
Mrs, Kee presented the request and read Section 6-D of the Ordinance to the Board. She
then referred to the site plan included in the packets which shows that the lot is more
than large enough to be divided into two lots, but due to the location of the older,
existing structure, another structure cannot be built and have the necessary 50 ft. lot
• width, but would lack approximately, 1..25 ft. of meeting requirements. Mr. Upham spoke of
the word "unique", referred to the width of many lots in older sections of the City as
being less than 50 ft. in width and referred to the existing adjacent alley, which is
ZBA Minutes
7-1g-83
page 2
rare in College Station. Chairman Cook swore in Joseph L. Mashburn of 401 Highland who
identified himself as the applicant, who then pointed out that although his street address
• is on Highland and the house faces Nighiand, the 25 ft, required front setback in R-1
zoning is taken off Grove Street. He further pointed out that the public alley adjacent
to his property has no curb cut, and he maintains that it has been virtually abandoned
by the City and he, alone, maintains it. Mr. Upham asked if his proposed driveway
through the alley would cover any utilities, and Mr. Mashburn said that although it has
not been determined if there are any utilities in the alley, he and the City Engineer
have agreed that if the City were to have to tear up the alley to do any maintenance
work on utilities, it would be his responsibility to repair any damage done to the drive-
way. Discussion followed. Mr. MacGilvray informed the Board and the public that he
and Mr. Mashburn are colleagues, but that they have not discussed this variance request.
The Chair asked if the Board could accept Mr. MacGilvray's statement and agree that he
could take part in this request. The Board agreed that it could. Mr. Wendt asked
why there are special or unique conditions in this instance. Mr. MacGilvray said
in his opinion that if this is not a replat of the lot, he could see no problem, but
Mrs. Kee pointed out the section of the Ordinance which allows 2 primary structures on
one lot only if each structure meets all setback requirements as if each were on a lot
alone. Mr. Upham again referred to the informality of this City's beginnings, stating
that where a structure was placed on a tot was not controlled many years ago. Mr. Mac-
Gilvray said that the critical dimension is the width of the existing house, and if it
was just a lltt1e smaller, there would be no problem at all. R-lA Single Family zoning
was discussed and the Chair asked the applicant if he would consider going to the Planning
and Zoning Commission to request rezoning, but the applicant said he would prefer to
get this variance, but would .consider rezoning if necessary. Mr, Wendt referred to a
variance which was refused recently in a very old and unique section of the City and
also to the uniqueness of the Northgate area. The Chair pointed out that Northgate
• is being handled. The word "unique" was again discussed, and the Chair pointed out that not
only is uniqueness of the land to be considered, but also land uses in the area could
be considered, and further, that "unique" means different things to different people.
More discussion followed concerning this word as applied to both commercial and residential
uses. How changes in traffic patterns could make certain land "unique" was brought up.
Mr. Wagner began to make a positive motion concerning this request, but then withdrew
the motion before completing it. Mr. Upham then made a motion to authorize a variance
to the lot width (Table A and Section 6-p) 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: This area is among the lst platted
areas of the City and is unique in that lot sizes, positions of houses and buildings
and alleys and things not generally done now in the City create problems not of the making
of the property owner, and because a strict enforcement of the Ordinance would result
in unnecessary hardship to this applicant, and such that the spirit of this Ordinance
shall be observed and substantial justice done. This motion was seconded by Mr. MacGil-
vray and carried with a vote of 4-1 with. Mr. Wendt voting against the motion.
AGENDA ITEM N0. 4: Other business
Mr. Upham asked for an update from the Northgate Committee and Mr. MacGilvray spoke of
recommendations in 5 areas: (1) parking changes, (2) zoning changes, (3) traffic adjust-
ments, (4) maintenance problems and (5) capital improvements.
Mrs. Kee pointed out a chart and graph of results of requests for variances, use permits
• and appeals to the Board since the Board was formed in 1975, which had been included in
their packets.
ZBA Minutes
7-19-83
page 3
General discussion of Board problems followed after which Mr. Wagner made a motion to
adjourn with Mr. MacGilvray seconding the motion. Motion carried unanimously (5-0).
APPROVED:
Vi Cook, Chairman
•
•
ZONING BOARD OF ADJUSTMENT
FORMAT FOR POSITIVE MOTION
Variances: From Section 11-B.5
I move to authorize a variance to the
yard (6-G)
lot width
~~
(T~ble A),~( G
,-~`' lot depth (Table A)
sign regulations (Section 8)
minimum setback (Table A)
parking requirements (Section 7)
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and because a str~Yct enforcement of the provisions of the Ordinance
would result in unnecessary hardship to this applicant being:
and such that the spirit of this Ordinance shall be observed and substantial
justice done, subject to the following limitations:
1.
2.
3.
4.
This motion was made b ~~~Y~J ~ ~ ~ C/
Seconded by ~/l ~ to
The variance was granted b the foll wing vote: ~
Chair Signature
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:
ZONING BOARD OF ADJUSTMENT
July 19, 1983
u
7:00 P.M.
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