Loading...
HomeMy WebLinkAbout10/15/1991 - Regular Minutes - Zoning Board of Adjustments MINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS October 15, 1991 7:00 P.M. • • MEMBERS PRESENT: Chairman Henry, members Lane, Sawtelle, Yarbrough and alternate member De Otte. MEMBERS ABSENT: Vice Chairperson Baker, alternate members Phinney and Kennady. STAFF PRESENT: Staff Planner Kuenzel, Assistant City Attorney Coates and Planning Technician Thomas. AGENDA ITEM NO. 1: 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. AGENDA ITEM N0.2: Approval of Minutes -Workshop of September 3, 1991. Mr. Sawtelle moved to approve the minutes of the workshop meeting of September 3, 1991 as written. Ms. Yarbrough seconded the motion which passed unopposed (4 - 0). (Mr. De Otte was not present during the approval of the minutes.) AGENDA ITEM N0.3: Approval of Minutes -Meeting of September 3, 1991. Mr. Sawtelle moved to approve the minutes of the regular meeting of September 3, 1991 as written. Ms. Yarbrough seconded the motion which passed unopposed (4 - 0). (Mr. De Otte was not present during the approval of the minutes.) AGENDA ITEM N0.4: Approval of Minutes -Meeting of September 17, 1991. Mr. Sawtelle moved to approve the minutes of the regular meeting of September 17, 1991 as written. Ms. Yarbrough seconded the motion which passed unopposed (4 - 0). (Mr. De Otte was not present during the approval of the minutes.) AGENDA ITEM NO. S: Reconsideration of a previously tabled variance request to allow a second freestanding sign at 411 Texas Avenue South. Mr. Yarbrough moved to reconsider the variance request later in the meeting to allow time for Mr. De Otte to arrive. The applicant had requested that all five members be present to consider the sign variance request. Mr. Sawtelle seconded the motion which passed unopposed (4 - 0). AGENDA ITEM N0.6: Consideration of a variance request to the sign regulations to allow a second freestanding sign at Tom's Bar-B-Q and Steakhouse II located at 2005 Texas Avenue South. • Staff Planner Kuenzel presented the staff report informing the Board that the existing sign of the E-Z Travel Motel is located between the two buildings because it was originally intended to advertise both the motel and its restaurant. The entire site takes up four lots in the Pooh's Park Addition. However, the fact that the lots were considered a single project at the time of site plan approval determined that these lots constituted one building plot. The Zoning Ordinance allows only one sign per plot, even if it is made up of several legally platted lots. When the site plan was reviewed, the corner building was intended to serve as the hotel's restaurant. Since that time, a separate business has leased the space not in conjunction with the hotel. The applicant argues that the hardship is that the existing sign makes it difficult to identify Tom's Bar-B-Q. Alternatives would be one directional sign per curb cut or additional attached signs. Chairman Henry and Ms. Yarbrough informed the Board that the restaurant was purchased and not leased by Mr. Beltrand. The building has not been a part of the motel for quite some time and has had several owners. Representative Dean Coffer of 3704 Stillmeadow in Bryan approached the Board and was sworn in by Chairman Henry. He stated that if a low profile sign was used, it would not be visible to the traffic along Texas Avenue because of the parked cars in the parking lot. Mr. Lane agreed that the restaurant needed more visibility by traffic heading north on Texas Avenue and the sign would encourage traffic to use the Holleman entrance. He moved to authorize a variance to the sign regulations from the terms of Ordinance Number 1638, Section 12, as it will not be contrary to the public interest due to the following unique special conditions not generally found within the City: the actual use of the site has changed since the original platting process which is accompanied by a change of ownership of the original entity; existing site conditions offer unique circumstances that inhibit other more effective signage at this . location; and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to this applicant being that this variance in no way allows the applicant any more privileges than he would have been previously entitled to had the platting process been more close to the eventual use 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: "none" except those normally imposed according to the applicable ordinances. It is noted that this variance request may improve safety at this location which serves the public interest. Ms. Yarbrough seconded the motion. Mr. Sawtelle moved to amend the original motion to condition the variance to the actual proposed dimensions and location; or thirty six square feet and the specific location as presented on the site plan. Mr. Lane seconded the motion to amend which passed unopposed (4 - 0). Chairman Henry called the question of the original motion as amended by Mr. Sawtelle. The motion passed unopposed (4 - 0). (Mr. De Otte was not present during the sign variance case.) AGENDA ITEM N0.7: Reconsideration of a previously denied request to reconsider a variance request to the sign regulations to allow a second freestanding sign at the Doux Chene Apartments located at 1401 F M 2818. Staff Planner Kuenzel presented a summary of the applicant's interaction with the ZBA beginning on October 16, 1991 to June 18, 1991. The decision to rehear the case is before the Board because the applicant has approached staff and requested that the case be reconsidered. If the Board agrees to rehear the case, the item will be placed on the agenda for the next available meeting. Staff Planner Kuenzel also presented a summary of past cases involving requests for a second sign. She outlined cases such as First American Bank, Commerce National Bank, and the Brazos Valley Arts Council. ZBA Minutes October 15, 1991 Page 2 • Alternate member De Otte arrived. Al Roberts of Doux Chene Apartments approached the Board and was sworn in by Chairman Henry. He informed the Board that traffic exiting off of Texas Avenue by K-Mart see the Brookside and Golden West sign but not the Doux Chene sign. The proposed sign will not interfere with traffic. The proposed sign has already been purchased and will improve the aesthetics of the complex. Chairman Henry informed Mr. Roberts that the Board must maintain the spirit of the ordinance and other alternatives exist that would help the complex gain visibility. Directional signs could be installed at each curb cut and a low profile sign could be allowed if the existing freestanding sign was replaced with a low profile sign and maintain a 150' separation. Mr. Sawtelle stated that the applicant was given a fair opportunity originally and the Board should not reconsider the request. He moved to deny the applicant's request to reconsider a previously denied sign variance request at Doux Chene Apartments located at 1401 F M 2818. The motion died due to lack of a second. Mr. Sawtelle stated that he feels that the Board is being manipulated by the applicant because the sign has already been purchased. A sign manufacturer could mislead the property owner by persuading them to purchase a sign without a variance. The Board has given the applicant every opportunity to present his case. The Board must be reasonable for everyone. Mr. Roberts informed the Board that he did not know that it was important for him to be at the public hearings. He stated that he installed the sign because a member of the Commission inspected the site and informed him that the sign was okay. Ms. Yarbrough stated that Jim Irving of Public Services inspected the location to check the sight distance which was a concern expressed by the surrounding property owners. However, the Board never authorized the installation of the sign. Mr. De Otte informed the Board that at one time, the apartments were close to being condemned and became a gathering place for drug dealers. He has seen a definite improvement in the apartments because of Mr. Robert's efforts. Mr. De Otte stated that the applicant deserves a fair hearing and the Board should give him the benefit of the doubt. He is not saying that he will vote in favor of the variance request; however, the applicant deserves another public hearing to state his case. Mr. Sawtelle disagreed with Mr. De Otte and stated that the Board should not pass judgment on an applicant. It is irrelevant that the citizen is in good standing and that the property was remodeled to come into compliance with current ordinances. The Board must look solely at the facts. Mr. De Otte stated that the Board has not denied due process to anyone. The purpose of a Board is provide a human element. Mr. Roberts has done a service to the community and deserves the opportunity of reconsideration. Ms. Yarbrough stated that the history of the case seems to be a series of miscommunications and she does not believe that the applicant intentionally bought the sign without a variance and installed it without authorization. Mr. Lane stated that all citizens deserve a fair chance. The Board is not sacrificing too much to • make sure that justice is served in this case. He moved to reconsider the previously denied ZBA Minutes October 15, 1991 Page 3 • request to reconsider a variance request to the sign regulations to allow a second freestanding sign at the Doux Chene Apartments located at 1401 F M 2818 with the condition that the applicant submit a new application and accompanying fees and that the item be placed on an agenda with other cases. The Board recommended that the applicant be present during the next public hearing. Ms. Yarbrough seconded the motion which passed (4 - 1); Mr. Sawtelle voted against the motion. AGENDA ITEM NO. S: Reconsideration of a previously tabled variance request to allow a second freestanding sign at 411 Texas Avenue South. Staff Planner Kuenzel presented a memorandum to the Board informing them that the item was tabled at their previous meeting to give the applicant and staff more time to gather additional information regarding elevations and safety. She stated that upon application for a building permit, the planning staff has an opportunity to ensure that the height complies to all Zoning restrictions. When the topography at the location of a freestanding pylon sign varies significantly from the curb elevation, staff requires that the applicant provide drawings showing the height of that sign in relation to the top of the curb. However, freestanding low profile signs are measured from the ground, regardless of the topography. Where sight clearance may turn out to be a problem, staff conditions the permit to ensure adequate sight clearance. Staff Planner Kuenzel referred to a memorandum submitted by Transportation Planner Hard referencing the numerous and close spacing of driveways along the east side of Texas Avenue at the area in question that pose a problem due to the interruptions to traffic on Texas from vehicles entering and exiting the numerous driveways in this area. She also referred to a summary of past cases involving requests for a second sign including First American Bank, Commerce National Bank, and the Brazos Valley Arts Council. • Patricia Crawford, owner of AAA Defensive Driving, came forward and was sworn in by Chairman Henry. She stated that the situation was unique because the property is located at one of the busiest intersections in the City. It has three entrances from Texas Avenue; however, only one entrance leads to the proper parking lot for AAA patrons. At precisely the same time each day, many patrons are attempting to identify AAA. Without a properly located sign this will cause extremely hazardous conditions on Texas Avenue. It is entirely feasible that some patrons, realizing that they are in the wrong entrance may back out onto Texas Avenue creating even more dangerous conditions. The easiest way to solve this problem would be to allow AAA to install a very attractive, low profile sign. The only alternative for AAA would be to install a sign adjacent to the existing sign. This is currently allowed within the zoning guidelines; however, this would be a major problem because, unfortunately, the existing sign is located next to the wrong entrance. AAA would be forced to install eight additional signs on the building to attempt to direct traffic to the proper parking lot. Obviously eight additional signs would be unsightly. In addition, locating AAA's sign next to the wrong entrance would be extremely hazardous for drivers on Texas Avenue. This would not be a good solution. If AAA is not allowed a second sign, the business will be forced to lay people off. In order for the business to survive, it must gain appropriate visibility from Texas Avenue. College Station should help preserve the small businesses in the City. Mr. Sawtelle stated that his main concern is the large existing freestanding sign that is not used to its fullest capacity. The applicant could add to the existing sign, place directional signs at each drive location and add attached signs to the building and remain within the guidelines of the Zoning Ordinance. The sign variance will run with the property and not with the tenant. If the applicant leaves the lease space, Coldwell Banker will have a second sign to identify its building. The owner of the lease space should provide incentives such as signage to a lessee. c: ZBA Minutes October 15, 1991 Page 4 • Mr. Lane expressed concern of creating clutter and not adhering to the intent of the ordinance. The intersection of University and Texas Avenue is an already cluttered area. Promoting clutter is contrary to public interest. The Board cannot look at a solely economic issue. The peak of traffic is at 5:00 pm; not 6:00 pm, and the adjacent bank closes at 3:00 pm. The nature of the business is not demand driven like a retail store; most customers have received a citation and need the facility. Ms. Crawford stated that she wanted to invite the Board to visit the site at 6:00 pm to see the congested traffic but Staff Planner Kuenzel said that it would be inappropriate. She added that people can die as a result of traffic not being able to locate the school. Transportation Planner Hard agrees in his memorandum stating that, "a second freestanding sign at the northernmost driveway would be acceptable since it would more clearly define which driveway to use and eliminate some of the unnecessary traffic circulation in this area due to people who are not sure where they are going". The Board should pay attention to the large number of small businesses closing all over College Station. Tax paying customers and businesses are in the public interest. AAA will have to lay employees off if it does not get a separate sign. Mr. De Otte explained that the Board cannot grant a variance solely on the basis of economic hardship; however, economic factors can be considered. The Board should be concerned with getting traffic off of Texas Avenue and promoting safety in that area. He requested that Assistant City Attorney Coates investigate the possibility of granting a sign with a use as a condition and not have the variance run with the property. Mr. Sawtelle stated that he is not convinced that the alternatives cannot accomplish the same results. The City has a sign ordinance to keep the City attractive and eliminate sign clutter. Mr. Sawtelle moved to deny a variance to the sign regulation of Section 12, Ordinance Number • 1638, as it will be contrary to the public interest, due to the lack of unique special conditions not generally found within the City, as the alternatives would provide adequate direction to clients of AAA, 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. Mr. Lane seconded the motion which passed (3 - 2); (Chairman Henry and Mr. De Otte voted against the motion to deny). The sign variance request was denied. AGENDA ITEM NO. S: Other business. Mr. Sawtelle expressed concern of the precedence being set by past decisions of granting variances for businesses with multiple access points like with First American and Commerce National. Staff Planner Kuenzel stated that it is just coincidence that so many variance requests have been presented with multiple access points listed as a special condition. If the Board feels that the ordinance is in error, they can request that staff research the possibility of granting multiple signs with multiple access points. Mr. Sawtelle also stated that he respected Mr. De Otte's opinion in the Doux Chene Apartments case; however, there was a big difference between the Doux Chene variance request and the Arts Council variance request. The Board should not past judgment on its applicants on the basis of their standing in the community. Ms. Yarbrough stated that it was inappropriate to discuss this issue during other business and that the two members should meet after the meeting to finish their discussion. • ZBA Minutes October 15, 1991 Page 5 • AGENDA ITEM N0.9: Adjourn. Mr. Sawtelle moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. De Otte seconded the motion which passed unopposed (5 - 0). APPROVED: ~~ Chairman, Brett He y • n U ATTEST: Planning Technician, atalie Thomas ZBA Minutes October 15, 1991 Page 6 ZONII~iG BOARD OF ADJUSTMENT • FORMAT FOR NEGATIVE MOTION Variance to Sign Regulations: From Section 12, Ordinance Number 1638. I move to deny a variance to the sign regulations from the terms of this ordinance as it will be contrary to the public interest, due to the lack of unique special conditions not generally found within the City: ~7 • ~.~- C ~ ~ ~. ~`1 `7- S ~ , 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 made by Motion Seconded by ~ ~ <<- Voting Results Chair Signature 3~~- ~~~ Gl ~ t< Date ~G~._ /S- `~~ SRN1638.DOC • ZONII~TG BOARD OF ADJUSTNiENN'T FORMAT FOR POSITIVE 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 onditions not generally found within the City: i , 1 .+~.., , "~. ~ , ~, rr r~., . ~ ~ , ~.,_~!_. I°°`;' /.d.~ t E~~ ~ ~.~t.~.,4 ~' ~ aR ~~r~•' C t-mac, !. ~, and ecause a strict ~, ~/` substanti ardship t v ,~ t ice nt o~ f provisi ns of applicant being:/ ,, ,, ` w~--~.- ~- h CA ~ ~~r-t, ~. Ger.-~ ~n a would~ra~ult i~ r -~~~ 1~,~--c, c.-p-i ~ d t.,~., ~ r~+ Q~ and such that the spirit and intent of this ordinance shall be res ed and the general interests of the public and applicant served, subject to the following limitations: o < '~-.' ~~~, ~~ Motion made by ~~~~ (~ .- C Motion Seconded by ~ ~ ~ ~,,, D~- ~- ~-~ Voting Results - O i fi ' ~`~ Chair Signature _~ ~- ,~'~, Date j0 _ / o- ~• fi SRP1638.DOC ~~ i• 3. 4. 5. 6. 7. 8. 9. • 10. 11. 12. 13. 14. 17. 18. lg. 20. 21. 22. 23. • 24. 25. ZONING BOARD OF ADJUSTMENT GUEST REGIS ER DATE NAME ADDRESS 1. ~ 'T 2. 15. 16. ,,,r~.l