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HomeMy WebLinkAbout07/17/1984 - Regular Minutes - Zoning Board of AdjustmentsZONING BOARD OF ADJUSTMENT GUEST REGISTER DATE NAME \~ ADDRESS 2 . _ 3a 20 -~~s Ave S ~- 3. 4. 5. 6 . ,s f. 7. 8. 9. _ 10. 11~ 12. 13. 14. 15. 16. " 17. 18. lg. 20, 21. 22. 23. 24. 25. ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variances: From Section 11-B.5 1 move to authorize a variance to the yard (6-G) lot width (Table A) lot depth (Table A) sign regulations (Section 8) minimum setback (Table A) parking requirements (Section 7) 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 norms l l y found i n ~~ e,~„j~t~r~~ts 3• 4. 5• 6. and because a strict enforcement of the provisions of the Ordinance would result in u nece,~sary hardship to this applicant being: and such that the spirit of this Ordinance shalt be observed and substantial justice done, subject to the following limitations: . .. ..~ l . 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Th i s motion was made by EGG=U//~ ~y Seconded by au'~-t~,/~7' The variance was granted by the following vote: ~~ c e Chair Signature ZONING BOARD OF ADJUSTMENT • FORMAT FOR POSITIVE MOTIONS Non-Conforming Structures - From Section 11-6.3 I move to authorize the a. substitution of one non-conforming use for another because the extent of the substituted use is less detrimental to the environment than the first; b. r enlargement of a building or use devoted to a non-conforming use where such extension or enlargement is necessary and incidental to the existing use and does not increase the area of the building devoted to a non-conforming use more than 25 and does not prolong the life of the non-conforming use or prevent a return of such property to a conforming use; c. reconstruction of a non-conforming structure on the lot occupied by such structure as the cost of reconstruction is less than 60i of the appraised value of the structure and because the reconstruction would not prevent the return of such property to a conforming use or increase the non-conformity. This motion ~~~~ m de 1 Seconded by The request er i n ing use was grante by the following vote ~i Chair Signature Date r • MINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment Tuesday, July 17, 1984 7:00 P.M. C, MEMBERS PRESENT: Chairman Cook, Members McGuirk, Upham, Wagner, Wendt (Member Fry in audience) MEMBERS ABSENT: Member Meyer STAFF PRESENT: Zoning Official Kee, Temporary Planning Technician Yakimovicz Chairman Cook opened the meeting, explaining to the audience the functions and limitations of the ZBA. AGENDA ITEM N0. 1: Approval of Minutes - June 19, 1984. Mr. Upham moved to approve the minutes as presented, with Mr. Wagner seconding. Motion carried unanimously (5-0). AGENDA ITEM N0. 2: Hear Visitors. No one spoke: AGENDA ITEM N0. 3: Consideration of a use permit request to allow enlargement of a non-conforming structure at 102 Church Street in order to open a restaurant. Application is in the name of Don and Cheryl Anz. Mrs. Kee presented the application, locating the structure on the map and explaining on the site plan that the enlargements will not increase the area of non-conformance more than 25%. Don Anz, 102 Church Street, was sworn in and stated that the request was to allow the establishment of a fast food restaurant on the edge of the Northgate area with a structure which is improved, with some additional landscaping. Brief discussion followed. Mr. Wagner moved to authorize the enlargement of a conforming use where such extension or enlargement existing use and does not increase the area of the use more than 25% and does not prolong the life of return of such property to a conforming use. The passed unanimously (5-0). building or use devoted to a non- is necessary and incidental to the building devoted to a non-conforming the non-conforming use or prevent a notion was seconded by Mr. Wendt and • ZBA Minutes 7-17-84 Page Two • AGENDA ITEM N0. 4: Consideration of a request for a variance to the parking requirements to open a restaurant at 305 West University. Application is in the name of Don Ganter. Mrs. Kee explained the request, locating the area on the map. Don Ganter, 2300 E. 29th Street, was sworn in. He stated that this is one of the oldest buildings in the Northgate area, and he plans to open a restaurant which is strictly fast food, primarily walk-in business, since the building's size, 12~ ft. by 100 ft., does not lend itself to many tables. He said there is barely room in the rear for two parking spaces, and he would prefer to put in no tables at all. Mr. McGuirk asked Mr. Ganter what he meant in stating that he preferred to have no seats since the application states he plans to create a restaurant with 36 seats. Mr. Ganter explained that he had n®t added the information about 36 seats to the appli- cation, but that he wanted to put in 4 tables, 16 seats, not 36 seats. Brief discussion followed on allowing Mr. Ganter to change the application from 36 seats to 16 seats since this would change the number of parking spaces for which a variance is needed. Mrs. Cook asked if the Board would agree to accept substitution of "16" for "36" on the application and consider the variance for the amended application. . Mr. Upham moved to accept the amended application, Mr. McGuirk seconded, and the motion passed unanimously (5-0). Mr. McGuirk moved to authorize a variance to the parking requirements (Section 7) 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: (1) No existing alternate parking is available, and because a strict enforcement of this Ordinance would result in unnecessary hardship to this applicant being: Forcing the applicant to maintain an unuBeable building; and such that the spirit of this Ordinance shall be observed and substantial justice done, subject to the following limitations: (1) The approval be limited to 6 spaces (16 seats) at the applicant's request. Mr. Wendt seconded the motion, which carried unanimously (5-0). AGENDA ITEM N0. 5: Consideration of a parking variance request for a hotel proposed at the southwest corner of Wellborn and Jersey Streets. Application is in the name of Chang/Loft Investments. Item was tabled June 19, 1984. Mrs. Kee states that the applicant wished to withdraw this application, Mr. Wendt moved to remove the item from the table so that it could be withdrawn. Mr. Wagner seconded, and the motion was passed unanimously (5-0), Item was withdrawn. • Z~A Min.utes 7-17-84 Page Three • AGENDA ITEM N0. 6: Other Business. Discussion followed on the status of the new Northgate Ordinance, with various members of the Board remarking that since the Board will have the responsibility for enforcing the new Ordinance, they would like to meet with staff to express their concerns before the new Ordinance is written and presented in public hearings. Mrs. Kee agreed to set up an informal work session on Thursday, July 19, 1984, between Board members and Director of Planning Mayo. Staff will notify members of the meeting time. AGENDA ITEM NO. 7: Adjournment. Mr. Wendt moved to adjourn, with Mr. McGuirk seconding. Motion carried unanimously (5-O). APPROVED: /., j~, , C airman Violetta Cook ATTEST: • City Secretary Dian Jones