HomeMy WebLinkAbout09/03/1991 - Regular Minutes - Zoning Board of Adjustmentsr~
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M I N U T E S
Zoning Board of Adjustment
Workshop Meeting
CITY OF COLLEGE STATION, TEXAS
September 3, 1991
5:30 P.M.
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MEMBERS PRESENT: Chairman Henry, Vice Chairperson Baker, Members
Lane, Sawtelle and Yarbrough, and Alternate Member
DeOtte.
MEMBERS ABSENT: Alternate Members Phinney and Kennady.
STAFF PRESENT: Staff Planner Kuenzel, Assistant City Attorney
Coates, Planning Technician Thomas, Senior Planner
Kee, Development Coordinator Volk, and Assistant
to the City Engineer Morgan.
ArRNnA TTFM Nn_ ~~ Introduction - The role of the Zoning Board of
Adjustment in the implementation of the Zoning Ordinance.
Staff Planner Kuenzel informed the Board that the Zoning Board's sole
reason for being is the Zoning Ordinance. When a Zoning Ordinance is
adapted or amended, it is always done with the realization that not
all of the pieces of land located within the boundaries of a city are
created equally. This Board is empowered to make decisions as to how
the ordinance is applied to certain proposals. She outlined the three
types of cases encountered by the Board: variance, special exception
and appeal of the decision of the Zoning Official.
A~RNnA jTF.M H~_ ~~ Legal Issues - Review of Robert's Rules and the
powers of the Board.
Assistant City Attorney Coates explained that the Zoning Board of
Adjustment takes its authority to act from Chapter 211 of the Texas
Local Government Code. The Code provided that the Board may hear and
decide appeals that allege an error in an order, requirement, decision
or determination of an administrative official in the enforcement of a
zoning ordinance, in our case the Zoning Official. He further
explained the requirements of the Board to hear and decide special
exceptions, variance requests and appeals of a decision of the Zoning
Official.
Assistant City Attorney Coates reviewed Rnhart'[ R„la~ of nr~a~
pertaining to parliamentary procedure and defined the three types of
motions. He concluded by presenting several case histories including
various issues pertaining to a Zoning Board of Adjustment.
• A(' NnA TTF:M Nn_ ~~ Board Decisions - Standards and findings to
support decisions.
Staff Planner Kuenzel elaborated on the purpose, general conditions,
hardships and special privileges associated with variance requests,
special exceptions and interpretation appeals.
~FNi~A ITEM Nn. a~ Future Cases - Pending amendments to the Zoning
Ordinance.
Staff Planner Kuenzel informed the Board of proposed ordinance
amendments such as the University Drive recommendations to create a
Commercial Business, C-B District and an Overlay District.
A(`Fxn TTFM Nn_ ~~ Moot Cases - Presentation and discussion of
hypothetical situations.
Because of the regularly scheduled Zoning Board of Adjustment meeting
at 7:00 pm, the Board was unable to review any of the hypothetical
situations presented by Staff Planner Kuenzel.
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APPROVED:
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Chairma Brett Henry
ATTEST:
Planni g Technician, Natalie Thomas
ZBA Minutes September 3, 1991 Page 2
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M I N U T E S
Zoning Board of Adjustment
CITY OF COLLEGE STATION, TEXAS
September 3, 1991
7:00 P.M.
C~
•
MEMBERS PRESENT: Chairman Henry, Vice Chairperson Baker, Members
Lane, Sawtelle and Yarbrough.
MEMBERS ABSENT: Alternate Members DeOtte, Phinney and Kennady.
STAFF PRESENT: Staff Planner Kuenzel, Assistant City Attorney
Coates and Planning Technician Thomas.
Ac;FNnA TTRM Nn. ~~ Call to Order - Explanation and Functions of the
Board.
Chairman Henry called the meeting to order and explained the functions
and limitations of the Board.
Ac;FNnA TTF.M Nn. ~~ Approval of Minutes - Meeting of July 16, 1991.
Ms. Baker moved to approve the minutes of the meeting of July 16, 1991
as written. Mr. Sawtelle seconded the motion which passed unopposed
(5 - 0).
Ar,FNnA TTFM Nn_ '~~ Consideration of a variance request to the setback
requirements for a subdivision sign to be located at the entrance to
Emerald Forest Subdivision on the Bypass.
Staff Planner Kuenzel presented the staff report requesting the
relocation of the existing subdivision sign. The sign will be located
in the median at the entrance to the subdivision. The applicant
claims that a hardship exists due to the poor visibility of the sign
that will result in increased traffic through the subdivision.
Alternative locations exist that would comply with the ordinance and
be visible to traffic. Six property owners were notified of the
variance request with eight responses prior to the meeting.
Chairman Henry opened the public hearing.
Ardy Davis of 8907 Driftwood approached the Board and was sworn in by
Chairman Henry. He presented pictures of the proposed sign and the
existing entrance signs explaining that the signs would be similar in
materials and design. Lighting would not be installed initially;
however, there may be a need for lighting in the future. Ballots were
sent to the residents of the subdivision and the response to the
proposed sign was favorable.
• David Fisher of 2007 Pebblestone Court was sworn in by Chairman Henry.
He was concerned with the insurance liability of having a sign placed
in a median and the possibility of creating a traffic hazard. The
subdivision already has two signs and a third sign would be
unnecessary. The variance request is against his interests as a
homeowner.
•
Roger Feldman of 8502 Athens was sworn in by Chairman Henry. He
explained that he was an active member of the homeowner's association
and worked with the residents on the voting of an additional sign.
The response was overwhelmingly in favor of the proposed sign.
Chairman Henry closed the public hearing.
Mr. Lane stated that with the increased traffic generated from the F M
2818 extension, safety is a major issue. He suggested that the sign
be lit from both front and rear.
Mr. Sawtelle moved to authorize a variance from Section 15, Ordinance
1638, to the minimum setback requirements from the terms of this
ordinance as it will not be contrary to the public interest, due to
the following special conditions: existing sign is not visible due to
realignment of Emerald Parkway and entrance by the City upgrade of
entrance road to subdivision and because a strict enforcement of the
provisions of the ordinance would result in unnecessary hardship to
this applicant being nonvisibility of existing sign from relocated
entrance and such that the spirit of this ordinance shall be observed
and substantial justice done subject to the following limitations: the
existing sign be removed and the new sign include exterior lighting to
include front and rear. Ms. Yarbrough seconded the motion which
passed unopposed (5 - 0?.
AaRNnn TTRM tJn_ a~ Consideration of a variance request to allow a
second freestanding sign to be located at 2405 Texas Avenue South,
Commerce National Bank.
Staff Planner Kuenzel presented the staff report requesting a variance
to allow a second sign. The applicant proposed that the fact that
access can be taken from two streets may constitute a special
condition. The applicant has stated that the access is not being
taken off of Southwest Parkway because travelers on that road do not
know that the drive leads to Commerce National. An alternative would
be a directional sign limited to four feet in height and three square
feet in area. Earlier this year, the ZBA granted a second sign at the
First American Bank building on University. Seven property owners
within 200' of the subject property were notified with no response.
Chairman Henry informed the Board that they should keep in mind the
intent of the ordinance and the development of the adjacent property.
The Board should make sure that the proposed sign will not clutter or
limit the development of the adjacent property in some way. Chairman
Henry opened the public hearing.
ZBA Minutes September 3, 1991 Page 2
• Mike Melton, representative of Commerce National Bank, was sworn in by
Chairman Henry and informed the Board that the proposed sign would
help clarify the entrance to the bank and help distinguish the
entrance from the Southwest Savings entrance. A smaller directional
sign would not serve the purpose of the bank building.
Chairman Henry closed the public hearing.
Mr. Sawtelle moved authorize a variance from Section 12, Ordinance
1638, to the sign regulations from the terms of this ordinance as it
will not be contrary to the public interest due to the following
unique and special conditions not generally found within the City; not
all businesses enjoy multiple access from several high traffic streets
and because a strict enforcement of the provisions of the ordinance
would result in substantial hardship to the public interest being;
that it would relieve traffic friction on Texas Avenue 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 the second sign be limited to low profile
guidelines as established by the City of College Station. Ms.
Yarbrough seconded the motion which passed unopposed (5 - 0).
A(;FNflA TTFM Nn_ ~~ Consideration of a variance request to the rear
setback requirements at 1401 Glade.
• Staff Planner Kuenzel presented the staff report requesting a 13'
setback instead of the required 20'. This property backs up to a
creek with a park beyond it. It is unlikely that a structure would be
built in proximity to the proposed structure. The applicant claims
that a hardship is the topography of the lot and the adjacent City
park. Thirteen property owners within 200' of the proposed property
were notified with four responses.
Chairman Henry opened the public hearing.
Jay Burch of 4221 Warwick approached the Board and offered to answer
any questions.
Chairman Henry closed the public hearing.
Ms. Yarbrough stated that the house is built back 30' in the front
instead of the required 25', limiting the area in the rear. The
property is also unique in that it has a creek located in the back.
Ms. Baker moved to authorize a variance from Section 15, Ordinance
1638, to the minimum setbacks from the terms of this ordinance as it
will not be contrary to the public interest, due to the following
special conditions: topography of land and existing public park
prevents any further construction and thus preserves the intend of the
ordinance and because a strict enforcement of the provisions of the
ordinance would result i
• such that the spirit
substantial justice done.
unopposed (5 - 0).
n unnecessary hardship to this applicant and
of this ordinance shall be observed and
Mr. Lane seconded the motion which passed
ZBA Minutes September 3, 1991 Page 3
• AC;FNflA TTF.M Nn_ ~ ~ Other business .
Planning Technician Thomas informed the members that the Board needed
to select a Chairperson and Vice Chairperson for the new year. The
Board decided to re-elect these two positions at their next meeting.
ArFNnA TTRM Nn_ 7. Adjourn.
Ms. Yarbrough moved to adjourn the meeting of the Zoning Board of
Adjustment. Ms. Baker seconded the motion which passed unopposed (5 -
0).
APPROVED:
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Chairman
ATTEST:
• Planning Technician, Natalie Thomas
•
Brett Henry
ZBA Minutes September 3, 1991 Page 4
ZONING BOARD OF ADJUSTMENT
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yard (Section 8.T)
lot width (Table A)
lot depth (Table A)
FORMAT FOR POSITIVE MOTION
Variance from Section 1 S, Ordinance Number 1638.
I move to authorize a variance to the
~ minimum setback
parking requir ments (Section 9)
/ ~ ~
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from the terms of this ordinance as it will not be contrary to the public interest, due to
the following special conditions:
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and because a strict enforcement of the provisions of the ordinance would result in
unnecessary hardship to this applicant being:
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and such that the spirit of this ordinance shall be observed and substantial justice
done ~js/~ubject to the following limitations ,,
T Y T ~ I^, ~ ~., ~ ..
t j r ~.- ~..__.
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Motion mad Date
Seconded by Voting Results ~, ~ r ^7'
Chair Signature
Vf1RP1638.DOC
ZONII~TG BOARD OF ADJUSTMENT
FORMAT FOR POSITNE MOTION
• Variance to Sign Regulations: From Section 12, Ordinance Number 1638.
I move to authorize a variance to the sign regulations from the terms of this ordinance
as it will not be contrary to the public interest due to the following unique special
conditions not generally found within the City:
-ai w
and because a strict enforcement of the provisions of the grcii~ance, would result in
substantial hardship to t~-~p~kcaa~being: -t~h ~ ~ / 4 ![ r~ c, (r1`t ~--~c t T,
11 '
- ~... ,
5
e ~ Ta- ~ I r C Gt P ~ ~J ~/ Tel e- G'-' l'T ``r~ a ,
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:
'Tr'y I n r u /~ v~ n ~ ~- r~ ~~ ~ ~ ~ ~ 1 'l t° ~ . ~."~
Motion made by c~-"''=~~r ~- ~ f `~ ~
d'
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Motion Seconded by ! ' ~~,
Voting Results 5 - ~
Chair Signature /
Date G~
SRP1638.DOC
ZONII~iG BOARD OF ADJUSTMENT
FORMAT FOR POSITIVE MOTION
Variance from Section 15, Ordinance Number 1638.
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I move to authorize a variance to the
yard (Section 8.7)
lot width (Table A)
lot depth (Table A)
minimum~setback
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: r
~~,,~ ,
and use= :~~strict enf ent of"~ ..provistbns of the ordinance ould result in
unnecess to this -a licant--bcins:
andcst~c~ ~tkiaf ~i~e~s ink' ordi ance shall be observed and substantial justice
dF~3te'~~bje~the o owing limits i
Motion made by Date
• Seconded by Voting Results
Chair Signature
Y~4RP1638.DOC
ZONING BOARD OF ADJUSTMENT
GUEST REGISTER
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