HomeMy WebLinkAbout01/14/1992 - Regular Minutes - Zoning Board of Adjustments• MINUTES
Zoning Board of Adjustment
CITY OF COLLEGE STATION, TEXAS
January 14, 1992
5:00 P.M.
MEMBERS PRESENT: Chairman Henry, Vice Chairperson Baker and Members
Lane, Sawtelle, and Alternate Member De Otte.
MEMBERS ABSENT: Member Yarbrough and Alternate Members Kennady and
Phinney.
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.
• Vice Chairperson Baker moved to limit discussion, for both board members and applicants,
to five minutes. Mr. Sawtelle seconded the motion which passed (4 - 1); Mr. De Otte voting
against the motion.
Mr. Lane questioned staff as to whether the subject property will be allowed two signs if the
variance request for the pylon sign is not granted. Since the fuel price sign has a variance, is
• it the only sign allowed on this building plot under the current Zoning Ordinance? He
stated that he intended for two signs to be allowed at this location; one fuel price sign and
one pylon sign.
Planning Assistant Kuenzel explained that a fuel price sign, in addition to a freestanding
sign, is allowed under the current Zoning Ordinance with special restrictions. If the Board
feels that the variance granted at the previous meeting was too vague, the motion made
tonight could clarify the Board's intent.
AGENDA ITEM NO. 2: Consideration of a sign variance request to allow for the use of
an existing h125 rise sign located at the northeast corner of the intersection of Texas and
University, 4 South Tezas. Applicant is Brenco Marketing.
President of Brenco Marketing, Don Broach, approached the Board and was sworn in by
Chairman Henry. He briefly summarized his slide presentation and sign variance request.
Mr. Broach presented the Board with two options of proposed image enhancements:
Option 1
Leave existing poles.
-- Replace 32' Shell sign with custom made Conoco capsule approximately
144 square feet.
-- Maintenance contract on Conoco capsule.
-- Paint to Conoco specifications.
• Ootion 2
-- Remove sign pole nearest Texas Avenue.
-- Install custom made Conoco capsule approximately 144 square feet.
-- Reduce total height of sign not to exceed 37'.
-- Maintenance contract on Conoco capsule.
-- Paint to Conoco specifications.
Mr. Broach added that the special conditions of this variance request is that Conoco is
requiring the sign pole to be a minimum of 30', excluding the sign; the landowner agrees to
further reduction in sign square footage, number of sign poles, and total height of sign; and
visibility and access to the site. The proposed sign will reduce the total square footage of
the sign by 72 square feet, reduce the total clutter of the skyline, and upgrade the overall
image of this location. Signage is critical to the existence of this facility because of visibility
and accessibility. Strict enforcement of the provisions of the ordinance would result m
substantial hardship to the location.
Representative of Brenco Marketing, Mike Vaughn, approached the Board and was sworn in
by Chairman Henry. He questioned staff as to the sign variance granted at the Chevron
station across Texas Avenue. The variance was granted for a height of 28'; however, when
he measured the sign, it was well in excess of 30'. He added that the Shell station has
several utility poles that obstruct visibility; unlike the Diamond Shamrock across University
Drive. If the variance is denied, a Citgo service station will probably occupy the site. If this
is the case, a sign variance would not be needed because the sign faces could be replaced
without altering the structure of the sign.
• Planning Assistant Kuenzel stated that the sign variance at the Chevron station was indeed
granted for a total height of 28'. She agreed to research the variance request and the height
of the existing sign.
Vice Chairperson Baker moved to authorize a variance from Section 12, Ordinance Number
1638, 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: visibility; 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: the sign and pole may not exceed 37',
that the total square footage will be less than the current square footage, not more than 144
square feet and remove the sign pole nearest Texas Avenue leaving one pole. Chairman
Henry seconded the motion.
Mr. Sawtelle expressed concern of equity among the four corners at this intersection. More
of a compromise needs to be made in order for the Signage at all three gasoline service
stations to be equitable. Visibility is not a unique special condition to this specific property.
Mr. De Otte stated that the Board needs more latitude when considering signs. He would
like to condition the variance on the outcome of utilities at this intersection. If the City is
going to enhance this intersection as recommended in the Streetscape Plan, the utilities
would need to be located underground. If the utilities were located underground, the
proposed sign variance request would not create clutter at this intersection. There is clutter
present at this intersection that include utility poles, electrical lines and highway department
signs. He is uncomfortable granting the variance that will run with the property regardless
• of the use.
ZBA Minutes January 14, 1992 page 2
• Assistant City Attorney Coates explained that utilities may be inappropriate to condition a
variance on because the owner has no control over the future placement of those lines.
According to state statute, a variance must run with the property and not with a particular
use.
Chairperson Henry called the question which passed (4 - 1); Mr. De Otte voted against the
call. The original motion to authorize a sign variance with the conditions outlined under
option number 2 failed (2 - 3); Mr. Sawtelle, Mr. De Otte, and Mr. Lane voting in
opposition to the motion for approval.
Mr. Lane stated that he is concerned with the clutter existing at the intersection and the
intent of the ordinance. Granting this variance is not consistent or equitable to the other
corners.
Mr. De Otte stated that he does not feel compelled to grant this variance request and limit
the height to 28' just because the Chevron station was allowed 28'. Previous authorized
variances do not set precedence.
Vice Chairperson Baker moved to adjourn the ZBA meeting due to lack of a motion on the
proposed item. The motion failed (1 - 4); Vice Chairperson Baker voting in favor of the
motion for adjournment.
Mr. De Otte stated that he would be willing to reconsider the original motion. There are
unusual conditions at this intersection because of the utility lines and heavy street signage
that the property has no control. He moved to allow five minutes of discussion before
adj journment. Vice Chairperson Baker seconded the motion which passed unopposed (5 -
I •
Mr. Broach approached the Board and stated that if the variance is granted for 28', the sign
should be closer to Texas Avenue. By removing the pole closest to Texas Avenue, the
setback is increased by 8' creating a total setback from the street of 29'; much further than
the Chevron pylon sign.
Mr. Lane moved to authorize a variance from Section 12, Ordinance number 1638, 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: that
replacement signage as permitted by this variance not exceed 28' as measured from the
immediately adjacent ground level; and because a strict enforcement of the provisions of the
ordinance would result in substantial hardship to this applicant being: pre-existing visual
clutter at this specific location; 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: to remove sign pole nearest Texas Avenue, allow custom capsule not to
exceed 144 square feet, and that this is understood to be one of two signs to be allowed by
variance on this specific pproperty. Mr. De Otte seconded the motion and moved to amend
the allowable height to 32' due to the increased setback. The amendment passed unopposed
(5 - 0). The motion to approve passed unopposed (5 - 0).
AGENDA ITEM NO. 3: Other business.
There was no other business.
U
ZBA Minutes January 14, 1992 Page 3
_ __ _ _ __ ~
• AGENDA ITEM NO. 4: Adjourn.
Mr. Sawtelle 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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ZBA Minutes January 14, 1992 Page 4
ZONIl~iG BOARD OF ADJUSTIVIENT
•
FORMAT FOR POSITIVE MOTION
Variance to Sign Regulations:
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From Section 12, Ordinance N e 6 8: ~'~e~ ~~.~n5~
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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 lowing unique special
conditions not generally found within the City: c~ „
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and because a strip en~`orcement of the provisions of the ordinance would result in
substantial hardship to this applicant being:
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and such that the spun and intent of this ordinance shall be preserved and the general ~~~
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Motion made by
Motion Seconded by
Voting Results
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ZONII~iG BOARD OF ADJUSTMENT
FORMAT FOR POSITIVE MOTION
Variance to Sign Regulations: From Section 12, Ordinance Number 1638.
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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:
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because a strict enforcement of the rovisions of the ordin ce~rw d result ' ~~/
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and such that the spirit'~r-d intent of this ordinance shall be preserved and the general
interests of the public and applicant served, subject to the following limitations:
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ZONING BOARD OF ADJUSTMENT GUEST REGISTER
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