Loading...
HomeMy WebLinkAbout02/16/1988 - Regular Minutes - Zoning Board of AdjustmentsMINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment February 16, 1988 7:00 p.m. MEMBERS PRESENT: Chairman Ruesink, Members Thompson, Gentry, Gilmore and Alternate Member Baker MEMBERS ABSENT: Member Henry and Alternate Member Julien STAFF PRESENT: Senior Planner Kee, City Attorney Locke and Planning Technician Volk AGENDA ITEM NO. 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 19, 1988. Mr. Gilmore made a motion to approve the minutes as presented. Mrs. Baker 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 variance to parking requirements at 817 IIniversity Drive. Applicant is Syed Ryder; property owner is J. G. Culpepper. Mrs. Kee reviewed the staff report covering the request, adding the fact that the specific site is a part of the Skaggs Shopping Center, and referred the Board to a site plan and an aerial photo which were on the wall. She also explained that one reason there are no existing parking spaces on this lot is that there is no room on the lot for parking, which necessitates a variance if any seating at all is allowed either inside or outside the building. She cited alternatives to the variance being requested as to operate with the existing variance, which was restricted to 4 parking spaces, or to operate as a drive-through business only. Mrs. Kee then explained the previous variance granted to Mr. Martin for the operation of "The Igloo", and pointed out the reasons this applicant has had to re-apply for a variance are (1)to include outdoor seating which was denied in 1985 when Mr. Martin's request was considered; (2)because of change of use of the building, i.e., from a business selling alcoholic beverages to a food service business without alcoholic beverages; and (3)the actual variance will be different. • The Board had no questions of staff at this time, so the applicant's representative, Raza Khan, was invited forward and sworn in. He explained that although the proposed business is referred to as a restaurant, no seating is planned for inside the building, and it is anticipated that most of the business will be walk-up trade from • the University. He also pointed out that parking spaces on the Skaggs Shopping Center lot are not designated to any one business, but belong to all the businesses in the center, therefore also belong to Mr. Hyder's proposed business. He went on to explain that Mr. Hyder is the lease holder for the building, and he is representing him. Mr. Thompson asked where employees will park and Mr. Khan replied that there is designated employee parking just south of Mr. Gatti's and west of IHOP. Mr. Thompson asked how the proposed reconstruction of University Drive will affect ingress and egress on this lot and Mr. Khan replied he does not know how that will affect this lot, but he does not think that many people will be driving to this business. He added that many people already use the Skaggs lot to park and then walk to the University since parking is so difficult to locate on campus. Mr. Gentry asked why outdoor seating is desired and Mr. Khan replied that they have no plans to include indoor seating in this building, and he thinks people who walk over to pick up something light to eat may want to sit down outside to finish eating before continuing on their way. Mr. Gilmore asked if the area being proposed for outdoor seating could be used for parking and Mrs. Kee stated there is not enough room for any parking spaces on the lot. She added that if no seating were being requested, there would be no need for a parking variance. Mr. Gentry said he had read the minutes from the 1985 variance request, and still was not quite sure why outdoor seating had been denied at that time. Mrs. Kee stated she • is not real sure, but the indoor seating was required by the T.A.B., and if that seating had been combined with the requested outdoor seating, the variance would have been for a rather substantial number of parking spaces. Mr. Khan explained the proposed menu upon request, and added that the nearest parking available on the Skaggs lot is over 200 feet away, so he does not think that would be an advantage for the business, and still believes that most of the business will come from people walking up to the window for service. Mr. Gilmore said that he understands the required parking necessity in other areas, but he does not see much of a problem with this area unless people park on the other, privately owned lots and walk to this place. He asked who would regulate that. Mr. Gentry said there is no way to regulate that, but conditions could be placed on a variance which would forever limit the number of outdoor seats to 10, and require that the business always have a drive-through window, and never serve alcoholic beverages. He said that if those conditions were placed on a variance, he does not think parking will become a problem for this business. Mr. Gentry then made a motion to "authorize a variance to the 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: the lot is not large enough or of a shape to accommodate parking, and the business is primarily a walk-up traffic location, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: inability to utilize the lot for any reasonable commercial purpose, and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: • (1)No parking required, {2)maximum 10 outside seats; (3)Drive-through facility; and {4}No alcohol served. Motion was seconded by Mr. Thompson and carried unanimously (5-0). ZBA Minutes 2-16-88 Page 2 AGENDA ITEM N0. 5: Other business. • Mrs. Kee announced there will be a meeting on March 1. There was no other business. AGENDA ITEM N0. 6: Adjourn. Mr. Gentry made a motion to adjourn. Mr. Thompson seconded the motion which carried unanimously and the meeting was adjourned. APPROVED: Chairman, David C. Ruesink ATTEST: -------------------------- City Secretary, Dian Jones LJ • ZBA Minutes 2-16-88 Page 3 ZONING BOARD OF ADJUSTMENT • FORMAT FOR POSITIVE MOTION Variances from Section 15 Ordinance 1638 I move to authorize a variance to the from the terms of this ordinance as it public inter/est, due to the following ~~ e ~a 7` -- ~ 'S j'` v~ ~a` '' ~~ ti° ________yard (Section 8.7) ________lot width (Table A) ________lot depth (Table A) ________minimum setback (Table A) ___~parking requirements (Section 9} will not be contrary to the special condi/t ~ ~ :O ~ ~ s~~..~ ~~~,/~ ,~ .... ...-. ~."~ _. P _..._ ~ yf r _ --- • ~ 6 ~ .-~ Gc rte--' i V ~r~y i,~, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: _ ~~ --- -- ---- --------- ----------- ~~~ -~. GL-.~._ .. A" F l ~" s 'fif ~ ~~~ and such that the spirit of this ordinance shall be observed and "substantial justGice done sub',ect to the following limitations: --- -----------~-----~--k --------~-~ ~.~~ -- --- -- ~~~' .~ ,~ . f / ... A ~/ '1"' Q Motion made by __ Date 2 - / `"~ U Seconded by ~D °L ~~~z--,.~-~p~~ _r~__- Voting Results _ J_ t/zi0'j,,5 J / V r .Chair signature (~_~ ,, ZONING B(1ARD OF ADJUSTMENT GUEST REGISTER DATE February 16. 1988 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.