HomeMy WebLinkAbout12/19/1989 - Regular Minutes - Zoning Board of Adjustments• MINUTES
COLLEGE STATION, TEXAS
Zoning Board of Adjustment
December 19, 1989
7:00 P.M.
MEMBERS PRESENT: Chairman Ruesink, Members Gilmore, Cronan,
Henry and Alternate members Gaston and
Phinney; also Mayor Ringer for the first
portion of the meeting.
MEMBERS ABSENT: Member Baker and Alternate Member Webb
STAFF PRESENT: Senior Planner Kee, Assistant City Attorney
Banks, Development Coordinator Volk and
Planning Technician Rosier
AGENDA ITEM NO. 1: Call to order - explanation of functions
and limitations of the Board.
Chairman Ruesink called the meeting to order, and deferred the
explanation of functions and limitations of the Board until
after the Mayor administered the Oath of Office to the new
member. The meeting was turned over to the Mayor.
AGENDA ITEM NO. 2: Administration of Oath of Office to newly
• appointed Alternate Members of the Zoning Board of Adjustment.
Mayor Ringer administered the Oath of Office to newly
appointed Alternate Member Chuck Phinney. He then turned the
meeting back to Chairman Ruesink, who welcomed Phinney and
proceeded to explain the functions and limitations of the
Board.
AGENDA ITEM NO. 3: Approval of the minutes - meeting of
October 17, 1989.
Mr. Gilmore made a motion to approve the minutes as submitted.
Mr. Henry seconded the motion which carried unanimously. (5-0)
AGENDA ITEM NO. 4: Hear Visitors.
No one spoke.
AGENDA ITEM NO. 5: Consideration of a request for a variance
to the maximum height allowed for satellite dish antennas at
1805 Shadowwood Drive, a residential area. Applicant is
Charles S. Lessard.
•
Ms. Kee stated the purpose of the request is to allow the
existing ten foot satellite dish to be relocated from the
front yard to the back yard and to exceed the maximum height
allowed by two feet. Ms. Kee gave the staff report and a
slide presentation of the subject lot, antenna and area
residences. She then read from the applicable ordinance,
section 8.18 C: "The maximum height of any dish antenna is
twelve (12') feet above grade on residential Lots and on non-
residential Lots when the antenna is located within 100 feet
of a residential Lot". Ms. Kee stated that the request is to
allow the dish to be fourteen feet tall.
Ms. Kee addressed the difference in elevation between Mr.
Lessard's backyard and the surrounding properties. Pending a
positive motion, she asked the Board to specify what grade
would be and from where the height would be measured. She
read an excerpt from the Building Codes which defined "grade".
"GRADE - a reference plane representing the average of
finished ground level adjoining the building at all exterior
walls."
Ms. Kee then stated the special conditions identified by the
applicant; the neighbor's pine trees inhibit optimal
.reception.
• She also noted that Mr. Lasell, the property owner to the
south, had originally voiced opposition. After viewing the
proposed site plan, he indicated no opposition if the
applicant was limited to the specified site. Mr. Lasell also
asked that a date for. compliance be imposed by the Board.
Mr. Henry asked if there was any other opposition. Ms. Kee
said there was one letter of opposition and some property
owners who called but did not identify themselves. The
callers voiced some opposition but they were not even of the
understanding that satellite dishes were allowed in
residential neighborhoods.
Mr. Henry asked staff if there is any building set back in
terms of real property lines where the dish can set. Jane
explained that there is a twenty foot easement along the rear
of the property where the dish could not set. Other than
that, the ordinance does not specifically classify that in
such a manner to apply set backs. If we consider it an
accessory structure then we would apply the fifteen foot rear
building line. In this case, we would require a twenty foot
minimum because of that easement. She said there did not
appear to be any problems with the proposed site in regards to
set backs.
Chairman Ruesink asked staff if the fence is on the property
line. Ms. Kee referred the Board to the applicant's
representative in the audience.
Mike McMikin of McVideo came forward and was sworn in by
Chairman Ruesink. He explained that he used a four foot
satellite dish to check various backyard locations for optimal
reception. He described the proposed location; approximately
50-51 feet from Mr. Lasell's fence and 24 feet from the back
fence. Mr. McMikin stated that these dimensions relate to
pole placement and that the actual dish would hang 5 feet to
each side of that given the fact that it is a 10 foot dish.
He did not think this location would encroach any easement.
He proceeded to explain the geometrical of the satellite dish:
The dish faces South. If it is turned to face southeast, it
requires a 43 degree elevation above grade. In order to pick
up the most easterly satellites, the dish must be placed at
least 50 feet from a tree which is approximately 45 feet tall
in Mr. Lasell's backyard. This distance allows reception to
barely clear the trees. The variance request would allow for
some growth of the trees while still providing Mr. Lessard a
clear signal over the years. To the west satellites are lower
and require a 30 degree elevation above grade. Being back
behind the pool, allows the signal to clear Dr. Lessard's
house. Therefore the best location for the dish is narrowed
to about a 5 foot square area. The proposed location is the
same grade as the grade at the top of the pool.
Mr. Henry asked if the visibility of the dish would be
significantly affected in terms of aesthetic appeal if it were
allowed to stand 14 foot instead of 12 foot tall.
Mr. McMikin said he did not think it would make a significant
difference in view from Mr. Lasell's backyard.
Mr. Henry added that the dish is in view anyway at 12 feet
tall and it exceeds the top of the fence.
Mr. Gilmore said he felt it would be two more feet of eyesore.
Mr. McMikin explained that the entire dish must clear the
trees not just the center. Trees interfere with the signal.
He also stated that Mr. Lessard's decoder will not properly
work if it does not receive a clear signal.
Mr. Cronan asked if the shape of dishes are always circular.
McMikin stated that approximately 99% of satellite dishes are
circular.
Mr. Ruesink asked why the applicant did not wait until the
trees interfered with reception to request a variance. Mr.
McMikin said it would very expensive for Mr. Lessard to change
the height at a later date.
•
Gaston asked about the proximity to the pool. McMikin said
that he spoke to the Building Official who indicated no
objections to the proposed location which is approximately 14
feet from pool; 8 feet behind the cement walk. Mr. Gaston
said there might be a code restriction concerning electrical
equipment installed around a pool.
Mr. Gilmore expressed the same concern as the last time this
variance request came before the Board. He does not see the
inability to view certain television channels as a hardship.
Mr. Cronan said the intent of the ordinance is to not inflict
aesthetic hardship on the neighborhood and previous objections
have been withdrawn. If there are no exceptions to the
ordinance, then there is no reason for the Board to address.
He felt that reception is the only hardship to address.
Mr. Gilmore disagreed. Mr. Cronan asked Gilmore what would
constitute a hardship. Mr. Gilmore said that he could not
identify one.
Mr. Henry felt the hardship could be identified in part as the
expense incurred by the applicant in buying a satellite and
not being able to get total reception.
Mr. Cronan said that City Council in Section 18.18 E states
that a dish can be placed in the front yard for suitable
reception. He felt that this would be a greater variance from
the intent of the ordinance than taking it two feet higher
with negligible difference.
Assistant City Attorney Banks said the fact that the trees
belong to a neighbor might constitute a hardship because Dr.
Lessard is not at liberty to trim the trees.
Chairman Ruesink solicited questions from the audience. Newly
appointed alternate member Phinney stepped forward to state
concern over the definition of "suitable reception".
Ms Banks stated that the definition of "suitable reception"
would be left up to the Board.
Mr. Cronan made a motion to "authorize a variance from the 12
foot height ordinance to a 14 foot height as it will not be
contrary to the public interest, due to the following special
conditions: Public interest is served in that the objections
of the Lasell's have been met and they no longer object
Secondly, Dr. Lessard will achieve suitable reception for
several years in the future. Thirdly, the 2 foot difference
in height from 12 feet to 14 feet, will not significantly nor
adversely affect the aesthetic character of the neighborhood,
•
and because a strict enforcement of the provisions of the
ordinance would result in unnecessary hardship to this
applicant being: His reception would be reduced, and such
that the spirit of this ordinance shall be observed and
substantial justice done subject to the following limitations:
The pole location be 50 feet from the Lasell's fence, 24 feet
from the rear fence of the property owner at pool grade within
3 feet of the distances, and completed by January 20, 1990."
Mr. Henry seconded the motion which carried by a vote of 4-1.
Mr. Gilmore opposed.
AGENDA ITEM NO. 6: Consideration of a request for a variance
to the sign regulations at the East Gate Square Shopping
Center. Applicant is Area Progress Corporation.
Ms. Kee stated that the purpose of the request is to allow
more than one freestanding sign for this building plot. She
presented the staff report accompanied by a slide presentation
identifying the location as East Gate Square, the shopping
center containing Red Lobster. She stated that the applicable
Ordinance Section is 12.3 K which allows only one freestanding
sign per premise. Ms. Kee stated that fifteen letters to
which there were no responses, were sent out to surrounding
property owners.
Ms. Kee explained that Computer Access
Schwinn building and they wish to move
sign to the prospective location along
identified the only alternative which
Lobster sign to make it a multi-tenant
the Red Lobster sign anyway. This may
alternative.
wants to move into the
their current business
Texas Avenue. She
could be to redo the Red
sign since Exxon hides
or may not be a viable
Mr. Gaston mentioned the possibility of removing the Red
Lobster sign and including a new sign further north. He asked
if the Red Lobster sign was placed before or after the Exxon
Station added its canopy.
Mr. Henry said that the Red Lobster sign existed prior to the
Exxon canopy.
Mr. Cronan asked if the Board should consider signage only for
Computer Access.
Ms. Kee stated that the Board may want to consider a variance
for additional signage which could be used for additional
businesses.
Steve Hansen of 1807 Rosebud Court came forward and was sworn
in. He stated that Computer Access is in the process of
buying the building on Tract E, formerly known as the Schwinn
Bicycle Shop. However, visibility of the building is blocked
by the old Las Palmas restaurant, making it difficult for
travelers on Texas Avenue to locate the site. He said that he
• wanted to move the current sign and to replace with a
directory sign later if more development occurs. Mr. Hansen
stated that Tract D is currently undeveloped. Future
development of Tract D would increase the need for a directory
type sign.
Mr. Gaston expressed concern in trying to determine a changed
condition.
Mr. Gilmore said that the changed condition is the potential
tenant who wants signage.
Mr. Gaston stated that there is a note on the plat which is
filed for record which limits signage. He could not identify
any conditions to merit change.
Mr. Cronan stated that public interest and economic interest
are strong components and it seems to be in the interest of
the city to allow this to happen.
Mr. Gaston summarized the issue as simply a request for
additional signage.
Mr. Cronan said that in order for this problem to be resolved,
the City must be more flexible.
f ~ Mr. Henry made a motion to "authorize a variance to the sign
regulations from the terms of this ordinance as it will not be
contrary to the public interest and because a strict
enforcement of the provisions of the ordinance would result in
substantial hardship to this applicant being: The inability
of the property owner to provide adequate signage for further
development of the property, and such that the spirit and
intent of this ordinance shall be preserved and the general
interests of the public and applicant served, subject to the
following limitations: That any proposed/future sign conform
to the current C-1 zoning regulations." Mr. Gilmore seconded
the motion.
Mr. Gaston said that he could not understand the hardship.
Since the Red Lobster sign cannot be seen from the south
anyway, he believes a convincing argument can be made to that
company which would better serve all businesses in the
subdivision. He had concern about a ground sign such as the
proposed sign because of possible negative impact on
visibility. He did not think that public interest is best
served by granting this variance.
Mr. Henry asked if Red Lobster owns the lot on which it is
located.
•
• Mr. Gilmore said that he did not know but, he thinks that
development is limited and this could enhance visibility of
the existing building.
Mr. Henry stated that he viewed this property as a retail
center like others where individual signs are allowed but the
Lots are not platted together.
Mr. Ruesink stated that if the sign obstructs view, the City
could control.
Ms. Kee stated that if the sign is 6 foot tall, it would have
to be located at least 15 feet from pavement edge with site
control only at the intersection.
Mr. Hansen said that if the sign does not meet C-1
regulations, then it could not be used.
Ms. Kee stated that if there was an easement, the sign could
not be placed in the easement.
Mr. Gilmore called forth the question of a vote. The Board
voted to grant the variance. (4-1) Mr. Gaston opposed.
Mr. Gilmore made a motion to adjourn which Mr. Henry seconded.
The meeting was adjourned. (5-0)
~y APPROV m
~ /•
Chairman, David Ruesink '
ATTEST:
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City Secretary, Dian Jones
ZBA minutes 12-19-8g