Loading...
HomeMy WebLinkAbout01/19/1988 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment January 19, 1988 7:00 P.M. MEMBERS PRESENT: Chairman Ruesink, Members Thompson and Gilmore; Alternate Members Julien and Baker; Council Liaison Gardner MEMBERS ABSENT: Members Gentry and Henry STAFF PRESENT: Planning Assistant Johnson, Assistant City Attorney Banks, Director of Planning Callaway and Planning Technician Volk AGENDA ITEM N0. 1: Call to order - explanation of functions and limitations of the Board. Chairman Ruesink called the meeting to order, opened the public hearing and explained the functions and limitations of the Board. AGENDA ITEM N0. 2: Approval of minutes - meeting of January 5, 1988. Mr. Thompson made a motion to approve the minutes as presented; Mr. Gilmore seconded the motion which carried unanimously (5-0). • AGENDA ITEM N0. 3: Hear visitors. No one spoke. AGENDA ITEM N0. 4: Consideration of a request for a variance to ordinance requireaents of islands within parking lots at the existing cos~ercial parking lot at 300 Nagle Street. Applicant is Skipper Harris; owner of property is Boyett Investsents. Mrs. Johnson explained the applicant, Skipper Harris, is a tenant who is leasing the property at 300 Nagle, a large tract of land at the northeast corner of Church and Nagle Streets, from the owners, Boyett Investments. She identified the use of the subject property as a commercial parking lot, part of which is now developed, and part which is undeveloped, but for which Mr. Harris has plans to develop in phases as the needs demand. She stated that the request is for a variance to ordinance requirements of the inclusion of parking islands in parking lots. She informed the Board the developed lot has no islands now, and Mr. Harris wants to continue the operation of his parking lot without the inclusion of any islands. She referred to a site plan on the wall on which the location of required islands was shown. Mrs. Johnson then read from Section 9.2.A., the applicable section from the Zoning Ordinance, afterwhich, she continued her explanation of the request by describing the property dimensions, the access taken from Nagle with an emergency exit onto Church to accommodate emergency vehicles should they be required. She also described the existing vegetation which includes recently planted trees around the perimeter of the • developed lot. Mrs. Johnson identified adjacent structures and uses, and stated the existing parking lot has 396 spaces, but if all the required islands are installed, Mr. Harris would • lose some 40 plus spaces. She also described the surface of the lot as being gravel, but pointed out that the City Engineer approved the surface originally because of the temporary nature of the business, which is due to Mr. Harris only being able to get a year-to-year lease from the owners. She continued by explaining that Mr. Harris wants to retain all existing parking spaces because he still only has a year-to-year lease, which could be identified as a special condition, but that the applicant has identified no hardships on his application. She stated that staff has identified alternatives as being to require all or only part of the required islands, which could be possible since the spaces he would lose could be developed in the adjacent undeveloped property he also has under lease. Mrs. Johnson explained that the ordinance includes island requirements because islands at the ends of parking rows protect parked cars from vehicles moving in the driving lanes, and islands on peripheral rows allow for landscape plantings to be dispersed throughout the site. She then finalized her staff report by listing the previous action which has been taken on this property which includes the granting of an appeal to the applicant by the Planning and Zoning Commission in 1985 to allow a two-year delay to landscaping and island requirements with the condition that an agreement between Mr. Harris, the land owners and the City could be reached; and variancesto parking lot striping requirements for phase 1 and phase 2, both granted in 1985 by the ZBA. She also included the information that 44 property owners within 200 feet of this property were notified of this pending action, and staff received 4 inquiries, but no • comments leaning one way or the other. Mr. Julien asked if the Skaggs parking lot has islands, and Mrs. Johnson replied that lot only has painted islands, but that islands were not required by ordinance when it was developed. Council Liaison Gardner interjected the information that the Skaggs lot is one example of why the ordinance was changed to include raised islands. Mr. Ruesink requested additional information regarding the actions taken by the P&Z in 1985. Mr. Callaway replied that Mr. Harris appealed a decision regarding required landscaping and islands to the Planning and Zoning Commission, and that body upheld his appeal and granted a variance to those requirements for 2 years which was the length of his lease, with the condition that an agreement could be reached between the applicant, the land owner and the City regarding the temporary nature of the project and the variance. He added that the agreement expired in November of 1987, but that the applicant had contacted the Legal Department in August of 1987 requesting the preparation of an additional agreement which would go from year-to- year since that was the longest time the land owner would renew his lease. The applicant, Skipper Harris, P. 0. Box 9023, College Station, Texas, was sworn in and stated that he is requesting this variance to the required islands because now his lot is completely full most days, and approximately 3 days a week he has to turn cars away, and to force an additional 40 plus cars to the street to find parking would add to an already congested area due to the on-going parking problem. Mr. Gilmore asked Mr. Harris if he has plans to expand his lot and Mr. Harris replied that he has expanded it once to phase 1, and will expand to phase 2 if his lease is renewed, but if it is not, he will have to close the lot. Mr. Ruesink asked him if • he has any problems in his lot now without the islands and Mr. Harris replied that in the double parking rows, he has railroad ties running down the middle, and he also has railroad ties at the ends of the parking rows, which preclude cars cutting ZBA Minutes 1-19-88 Page 2 through or around corners. He added that his parking spaces are also "stripped" with railroad ties. Mr. Julien asked him when he plans his expansion and Mr. Harris • replied that he will not expand until next December and will do so then if he gets a new lease. Mr. Julien asked if there have been many accidents on the lot and Mr. Harris replied there has been only one accident which took place during the first semester the lot was in operation, and that was only minor. Mr. Ruesink asked if there is an attendant on duty and Mr. Harris replied there is an attendant on duty from 6:30 a.m. until 4 p.m. to collect the parking fee and to issue permits, as well as to keep order and watch vehicles so they will not be damaged or vandalized by others. He said that he has received no complaints, other than for the amount of the fee, and that 90~ of his patrons are students, with the other 10~ including some faculty and some construction workers. Mr. Thompson asked staff if the center islands are for landscaping and aesthetic purposes, is landscaping required and Mrs. Johnson replied that it is not. Mr. Thompson speculated that if it is not required, more than likely it would not be included. Mr. Harris stated that if he is required to include the islands, he would try to do something with them to make them look nice. Mr. Gilmore stated that the original variance was granted for 2 years due to the temporary nature of the project, but apparently the project is becoming permanent, and perhaps it is time to begin to bring it into compliance. Mr. Harris said that there will be approximately 90 parking spaces in phase 2, and if his lease is renewed next December, he plans to expand into that phase and begin to include some pavement and islands. Mr. Gilmore asked if the new parking facility on campus will affect his business, and Mr. Harris replied that he thinks it will be good for his business because it will likely draw other cars to the area which will not find a place to • park, and perhaps they will use his lot. Mr. Julien asked again if Mr. Harris thinks that at some later date it would be appropriate to begin to bring this commercial parking lot into compliance, and Mr. Harris replied that he does, and that when he begins to expand into other phases, he would like to consider at least some hard surface and islands, but that he does not want to go to the expense of bringing it into compliance all at once because he does not foresee being able to obtain a long term lease. Mr. Harris also explained that the adjacent church uses his lot on Sundays at no charge, but they provide their own attendants. Mr. Gilmore conceded that the lot is an improvement to the area and provides much needed parking, and then he asked staff if Mr. Harris must come back for additional variances if he expands into other phases, or if a variance given for phase 1 will apply to all phases. Mr. Ruesink and Mrs. Johnson explained that the original variance was given for 2 years, so a time limit could be included. Mr. Thompson asked if a variance is given to Mr. Harris for this project, could it be used by someone else on this property. Mr. Harris explained that the agreement stated that at the time the land is sold everything now existing on the property ceases, which would include the variance. Mr. Ruesink asked Mr. Harris what kind of time frame he would agree to for a variance and Mr. Harris replied that his leasing contract is for 1 year, and he would like to only cover that time frame. Mr. Julien then made a motion to "authorize a variance to the parking requirements of Section 9 from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: uncertainty as to renewal of • annual lease and the gravel parking lot surface, whereas end existing islands in the form of railroad ties are already in glace, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant ZBA Minutes 1-19-88 Page 3 being: inability to service many who would like to park but cannot be accommodated, • thereby increasing local traffic congestion, and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: variance for a period of one year, intent is to phase in island replacements when asphalt pavement is installed. Mr. Gilmore seconded the motion which carried unanimously {5-0). AGENDA ITEM N0. 5: Other business. Mrs. Volk announced there would be no meeting on February 2nd. AGENDA ITEM N0. 6: Adjourn. Mr. Thompson made a motion to adjourn. Mr. Gilmore seconded the motion which carried unanimously. APPROVED: Chairman, David C. Ruesink ATTEST: • City Secretary, Dian Jones • ZBA Minutes 1-19-88 Page 4 • ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variances from Section 15 Ordinance 1638 I move to authorize a variance to the ________yard (Seri.ion 8.7) ________lot width (Table A) ________lot depth (Table A) ________minimum setback (Table A) _parking requirements (Section 9) from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: IL t ~ . ~ /,~~ and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: _~ _ .. _ ~: ' ~~ and such that the s irit of this ordinance shall be observed and P substantial justice done subject to the following limitations: 1~-~--1~~ - ~- --1~ ------ --------------+- Motion made b%y f ,~%,~,~`t---------- Date _ /~ l/r,~ - - -~(~~~ ---1 ----- Seconded by ~~~~~'~~_ --____-- , Voting Results ~~'"~ ---- ---- Chair signature r ~G__~ __ _ _________________ --- ---, ZONING BARD OF ADJUSTMENT GUEST REGISTER i• DATE January 1g, 1g88 NAME 1~ ~ ADDRESS ~I 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.