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HomeMy WebLinkAbout10/15/1985 - Regular Minutes - Zoning Board of Adjustments• MINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment October 15, 1985 7:00 P.M. MEMBERS PRESENT: All members (Upham, Wagner, McGuirk, Meyer, Herzik and Alternate Swoboda) MEMBERS ABSENT: None STAFF PRESENT: Zoning Official Kee and Planning Technician Volk AGBNDA ITBM N0. 1: Call to order - explanation of functions and liaitations of Board. Chairman Upham called the meeting to order, explained the functions and limitations of the Board and then administered the Oath of Office to newly appointed Board Member Eric B. Herzik. AGBNDA ITBM N0. 2: Hear visitors. No one spoke. • AGBNDA ITBM N0. 3: Approval of Minutes - ueeting of Septeaber 17, 1985. After brief discussion, Mr. Upham moved to approve the minutes as presented with Mr. Wagner seconding the motion. Motion to approve carried unanimously (5-0). AGBNDA ITBM N0. 4: Consideration of a request for variance to Section 2.H. Freestanding Signs, Ordinance No. 1576, an ordinance aaending Ordinance No. 850, the Zoning Ordinance, to allow the addition of an "identification ~onuaent sign" (freestanding) on S.H.30 to advertise the location of a business in Post Oak Mall. Applicant is wgatt Cafeterias, Inc. Mrs. Kee explained the request, referred to the most current site plan of Post Oak Mall and identified the approximate location of the requested sign, explaining that the request being considered tonight is for an additional sign and not for the location, type or size of the sign, adding that these features will be regulated by the Zoning Ordinance requirements if the request for an additional sign is approved. She further explained that in August of 1981, a similar variance request from the Plitt Theater was denied. She listed alternatives to this requested sign as being to combine the Wyatt's sign with the existing mall sign on S.H.30 or to place a Wyatt's sign on Holleman, as ordinance does allow a freestanding sign on Holleman, but to date, the mall has not placed one there. Mrs. Kee referred to another similar request for an additional sign at the entrance • of the Emerald Forest Subdivision which was denied in 1979, but which resulted in the development of the current sign regulation which allows more than one detached sign on large projects under certain conditions. 1 ZBA Minutes 10-15-85 • Robert Packer, a representative of Wyatt's Cafeterias of Dallas, Texas was sworn in and presented a series of photos which exemplify what the company has in mind for the requested sign. He stated that the proposed sign would be at a location which would be in actual view of the location of the cafeteria. He added that the cafeteria will be having a business sign on the building, but that sign would not be clearly visible from the main access to the mall, i.e., Harvey Road. He stated that a means of identification represents the need. Mr. Upham asked Mr. Packer what he thought should happen if other businesses in the mall came to the City requesting additional signs and Mr. Packer said that Wyatt's will be occupying approximately one-fourth of this newest addition to the mall, and thus represent a major tenant, adding that usually major tenants in malls are allowed to have separate freestanding signs, whereas, minor tenants are not. Mr. Wagner asked why Wyatt's does not put its sign on Holleman where an additional freestanding sign is allowed and Mr. Packer again stated that to date Holleman is not a through access from the mall to Texas Avenue, therefore, Harvey Road represents the major access way to the mall. Mr. Wagner then asked for an explanation of why Wyatt's does not plan to incorporate its sign into the existing monument sign and Mr. Packer replied that to date the mall people have not been receptive to that proposal, and additionally, that usually a separate freestanding sign suits Wyatt's best. He explained that incorporating several signs on one monument sign does not give the same amount of identification as one freestanding sign. Mr.McGuirk pointed out that prior to granting a variance, this Board must be able • to identify unique and special conditions, unnecessary hardship and additionally, to decide if the request is in accord with the intent of the ordinance. He then explained that he can find nothing unique about this particular business not having a separate sign, as other businesses in the mall operate without the benefits of separate signs; that he can identify no hardship that this business will suffer, as almost 100 other businesses in that mall operate under the same conditions; and that because the intent of the ordinance is to avoid the proliferation of signs which could be detrimental to the safety of the community and the proposed location of this requested sign is at one of the most dangerous intersections in the City, he can find absolutely no reason to grant this requested variance. Mr. Packer asked to address the safety issue, stating that the sign would be set back from the intersection to allow free visibility, and should not adversely affect traffic. He went on to state that this company is new to the mall and is not located at an entrance to the mall and therefore needs more means of identification than one of the tenants at an entrance. He stated that as far as hardship is concerned, the most successful cafeterias in their company are those that are the most visible and are most easily accessible. Nobel Johnston, Dallas, Texas (also representing Wyatt's) came forward, was sworn in and stated that people have a tendency to go to the most visible businesses for lunch, and there is very little visibility from S.H.30 to the location of this cafeteria, therefore the additional sign is required. He then said that the letters on the building would create a greater hazard than an additional sign at the entrance, because they would be harder to read. He speculated that this additional sign at the entrance to the mall would be more of a safety device than a • hazard. 2 ZBA Minutes 10-15-85 • Mr. Wagner stated that this sign ordinance has been in effect for some time now, that the noonday mall traffic probably is primarily local residents who will quickly become acquainted with the location of Wyatt's, if they aren't already, and the additional sign might benefit a small number of out-of-town people. Mr. Upham stated that a sign is helpful one-time only. Mr. Packer said that seeing a sign triggers a need in people. Mr. Wagner said he would be interested in receiving more information regarding the negotiations with CBL, Inc. concerning incorporating this business' sign with the existing mall sign. Mr. McGuirk offered a motion to deny a variance to the sign regulations (Ordinance 1576) from the terms of this ordinance as it will be contrary to the public interest, due to the lack of unique and special conditions not generally found within the City: (1)A restaurant in a mall is not unique; (2)A lack of detached sign does not constitute a hardship in a mall; and, (3)The potential proliferation of signs along Harvey Road is not in the public interest, 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 seconded by Mr. Herzik, and carried by a unanimous vote (5-0). AGBNDA ITBM N0. 5: Closed session to Discuss Pending Litigation [6252-17(2)B]. • • This item was dropped from the agenda due to absence of a representative of the Legal Department. AGBNDA ITBM N0. 6: Other business. Mr. Upham advised that Mr. Kahan had withdrawn his request for variance and that the Flying Tomato request is still on the table. AGBNDA ITBM N0. 7: Adjourn. Mr. Wagner made a motion to adjourn; Mr. McGuirk seconded the motion which carried unanimously. The meeting was adjourned. ATTEST: -------------------------- City Secretary, Dian Jones APPROVED: Cha rma Jack ham 3 • OATH OF OFFICE • I ~ Frrc NPrzik , do solemnly swear (or affirm) that I will faithfully execute the duties of the off is a of Member of the Zoning Board of Adjustment of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and this State; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor• promised to contribute any money, or valuable thing; :~r promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. So help me God. 4_ ~. ~~,~ i u+--- C irman of Zoning Board of Adjustments, Jack Upham DATE: ~S Dfi1 ~~ • • FORMAT FOR NEGATIVE MOTION: ZONING BOARD OF ADJUSTMENT Variances: From Section 3.A. Ordinance 1576 (amending Ordinance 850) move to deny a variance to the sign regulations (Ordinance 1576) from the terms of this ordinance as it will be contrary to the public interest, due to the lack of unique and special conditions not generally found within the City: /~ ~ ~FrT~v~eA~vr iN ~ ~~r. ~' ti~~ U~v/d~E Z~ /-~ L~c/~ of ~ Dc~TR~~rp S1l~/. DOFF NdT ~Us'r"IT~/TY-` /~ 3J 7 yF P~dLI~Frv.~.TiD~/ mil' .s'/!~/.~' ~ lon~G !y~tYr`Y ~2oAD 2.r ivp T i~ ~ poh~vrd~ ~ tyf P~$u c i~~~ and because a strict enforcment 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. • Mot ion made by ~~c~~/Z~~ Seconded by ~`~'F2~ 1 l~ Variance denied by the following vote: a~- SI ATURE OF CHA RMAN ~~v i o is ~J~ DATE • NAME ZONING BOARD OF ADJUSTMENT GUEST REGISTER DATE October 15, 1985 ADDRESS ' 1. 2. 3• 4. 5. 6. 7. 8. 9• l0. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23- • 24. 25.