HomeMy WebLinkAbout06/16/1992 - Regular Minutes - Zoning Board of Adjustments• MINUTES
Zoning Board of Adjustment
CITY OF COLLEGE STATIOIw, TEXAS
City Hall Council Room
June 16, 1992
7:00 P.M.
MEMBERS PRESENT: Chairperson Baker, Members Gaston, Sawtelle, De Otte and
Birdwell. (Alternate members Whittlesey and Davis were in
the audience.)
MEMBERS ABSENT: Alternate Members Phinney, De Loach and Mc Kean.
STAFF PRESENT: Staff Planner Kuenzel, Planning Technician Thomas and
Assistant City Attorney Coates. (Council Liaison Kennady
was in the audience.)
• AGENDA ITEM NO. 1: Swearing in of newly appointed Zoning Board of Adjustment
members and alternate members.
Mayor Larry Ringer swore in new Zoning Board of Adjustment Members Jim Gaston,
Robert De Otte Jr., Dick Birdwell, and Chairperson Glenda Baker; as well as alternate
members Randel Whittlesey, Robert Davis Jr. and Wick Mc Kean.
AGENDA ITEM NO. 2: Call to order -explanation of functions of the Board.
Chairperson Baker called the meeting to order and explained the functions and limitations
of the Board.
AGENDA ITEM NO. 3: Approval of minutes from the meeting of May 19, 1992
Mr. Sawtelle moved to approve the minutes from the meeting of May 19, 1992 as corrected.
Mr. De Otte seconded the motion which passed unopposed (5 - 0).
Mr. Sawtelle moved to consider item number S next in order to give the representative of
Urban Architecture time to arrive. Mr. Birdwell seconded the motion which passed
unopposed (5 - 0).
AGENDA ITEM NO. 4: Consideration of a parking variance request by Urban
Architecture to Ordinance #1638, arkizgguirements, for the property located adjacent to
the north of Sam's Wholesale on Sptate Hi 6.
Staff Planner Kuenzel presented the staff report requesting a parking variance to allow for
• the construction of a twenty theater cinema. The current parking requirement for a theater
is one space for every four seats which calculates into 916 spaces for this particular site.
The applicant is proposing one space for every four and one half seats for a variance of 100
spaces or eleven percent. The application does not address special conditions of the
property that would result in hardship for the applicants in meeting the strict letter of the
• ordinance. Engineering staff has indicated that there are no special floodplain or
topographical restrictions that would place unreasonable restrictions on this property. This
property remains unplatted. To obtain site plan approval, it must first go through the
subdivision process. If the variance is not granted, additional land will have to become a
part of this site to provide parking. The cinema could lessen its number of seats available
from 3664 to 3264 and meet code. The Board has heard a number of parking variance
requests in the past. Generally, if excess parking is available on an adjacent or abutting site,
the variances have been granted. Where there was uncertainty concerning the adequacy of
the proposed parking, the variances were denied. There are two methods through which the
parking requirement can be lowered -- via a change in the zoning ordinance or via a
variance. The theater requirement was changed in 1989 to its current one space per four
seats after a study conducted by staff that showed that such a requirement would be more
reasonable than one per two and one half seats. Staff would not recommend a further
reduction of the current parking requirements. Therefore, the applicant must prove that the
ordinance requirements are too high as they relate to this site. The Board must be
convinced that hardship and special conditions exist in this instance. Five property owners
within 200' of the subject property were notified with no response.
Representative of the applicant Don Hartan approached the Board and was sworn in by
Chairperson Baker. He explained the proposal to build a quality theater with twenty
screens, the largest in the nation. Ten screens would be dedicated to first run moves and
the other ten screens would be dedicated to subsequent run movies. The timing of these
movies would be staggered depending on the different marketing periods. Mr. Hartan stated
that he did not fully understand the details of the proposed site with regard to the ability to
purchase more land to provide the required parking. He did know that there is a large
amount of floodplain in this area that may contribute to the small amount of buildable land.
• If the variance is not granted, the developer would most likely build the theater with only
sixteen screens and add four additional screens in the future.
Mr. Birdwell questioned the applicant as to the availability of parking in the adjacent Sam's
Wholesale parking lot. He would be willing to grant a variance if a parking agreement,
based on the varying peak hours of the two businesses, could be reached. The site plan
presented uses every inch of the site and does not provide for any run-off that will be
created.
Staff Planner Kuenzel explained that Sam's Wholesale only has one additional parking space
in addition to the required number of parking spaces by ordinance.
Mr. Birdwell moved to deny the parking variance. Mr. De Otte seconded the motion which
passed unopposed (5 - 0).
Mr. De Otte suggested that the applicant check into the possibility of adding an acre to the
site in order to provide the additional parking.
Mr. Gaston also suggested that the applicant look at providing fewer seats. He expressed
concern of doing something for this land owner that was not done for other theater owners
in town.
Mr. Birdwell stated that the parking lot will be mostly empty except during the peak hours
on Friday and Saturday nights. These peak hours are not in direct conflict with Sam's
Wholesale operations; however, the proposed site plan is not reasonable. There is no room
provided for landscaping or even a berm.
• Mr. Sawtelle expressed concern of the small access road not being able to handle the
increased traffic of the theaters exiting all at once.
ZBA Minutes June 16, 1992 Page 2
AGENDA ITEM NO. 5: Consideration of a parking variance request by Mike Streetman
• to Ordinance #1638, parking requirements, for the property located at 1704 Kyle South
Staff Planner Kuenzel presented the staff report to allow for the expansion to the existing
patio at 1704 Kyle South, previously Rita's Eaterie and Cantina. The parking required for
this location is 148 spaces; the applicant is proposing 128 spaces for a variance of twenty
spaces or thirteen percent. The applicant argues that the site layout makes the 10,000
square foot lease spaces unattractive to business because of the low amount of exposure to
Harvey Road. Parking has therefore never been a problem in this area. The applicant's
plans for improvement of the building will be restricted without the expansion. The Board
has heard a number of parking variance requests in the past. Generally, if excess parking is
available on an adjacent or abutting site, the variances have been granted. Where there was
uncertainty concerning the adequacy of the proposed parking, the variances were denied.
Ten property owners within 200' of the subject property were notified with one favorable
response in the form of a letter from Taco Bell located across Harvey Road.
Applicant Mike Streetman approached the Board and was sworn in by Chairperson Baker.
He proposed an addition to match the existing patio that will be enclosed by railing and
covered. The only access to the patio will be through the main restaurant. There appears
to be adequate parking available considering the vacant lease spaces in the shopping center
and the rear parking area behind Apple Tree that is immediately adjacent to this site. The
occupant has dust signed a twelve year lease with a condition depending on the decision of
the Board.
Mr. Gaston stated that the overall plan of the restaurant is interesting; however, there is no
hardship in this case that would constitute a variance.
. Mr. Streetman stated that the existing patio is not adequate to serve the restaurant. The
proposed improvements to the patio will enhance the restaurant as well as the entire center.
Mr. De Otte stated that there is no clear hardship in this particular case; however, the
request is in line with the intent of the ordinance. This center is vacant most of the time
and empty strip shopping centers are not attractive. A crowded parking lot is more
aesthetically pleasing than a vacant strip shopping center. In this particular location,
possible tenants of the remaining lease spaces will most likely be low traffic generators
because of the location.
Mr. Birdwell stated that the Board should consider the peak hours of the different
businesses in this shopping center. Because of the diversity in Culpepper Plaza, there is not
a parking problem. It is unlikely that another restaurant will locate in this area. Mr.
Birdwell moved to approve the variance request. The motion failed for lack of a second.
Mr. Sawtelle moved to deny the parking variance request. Mr. Gaston seconded the motion
which failed (2 - 3); Mr. Gaston and Mr. Sawtelle voting in favor of the motion to deny.
Mr. De Otte moved to approve the variance request with conditions. Mr. Birdwell seconded
the motion. Before conditions of the variance were outlined, Mr. Gaston suggested that the
Board look at the aesthetics of the entire site and not just the patio.
Mr. Streetman stated that landscaping will exceed the requirements and the overall site will
be enhanced by proposed improvements including the patio expansion.
• Mr. Sawtelle stated that a variance should be granted only for a unique condition to this
particular property. By granting a variance for this restaurant, the future development of
the area is negatively affected.
ZBA Minutes June 16, 1992 Page 3
• Mr. Birdwell stated that a variance will be granted for only a few spaces and there is
additional parking provided behind Apple Tree. The ordinance intent is to keep parked
vehicles off of the street; and, this is accomplished by the applicant's proposal.
The motion to approve the variance request failed (3 - 2); Mr. Gaston and Mr. Sawtelle
voting in opposition to the motion to approve.
Mr. De Otte moved to table the item until the next available meeting. Mr. Gaston seconded
the motion. The Board suggested that the applicant provide a more detailed site plan
showing all proposed improvements, include information concerning the vacant lease spaces
and possible reasons why they have never been occupied and obtain information on the
adjacent Culpepper Plaza shopping center to see if the parking behind Apple Tree could be
utilized. Mr. Birdwell requested that staff prepare a handout explaining the calculations
used for determining the parking requirements for this shopping center and the percentage
of the variance request. The motion to table the item passed unopposed (5 - 0).
AGENDA ITEM NO. 6: Other business.
Mr. Sawtelle expressed concern of planting trees directly under power lines. The Planning
and Zoning Commission has expressed the same concern in the past and staff is still
approving landscaping plans that allow this to happen. The recently developed Target and
H.E.B. developments both have trees located directly under power lines.
Mr. Gaston expressed concern of the section in the staff reports that refers to similar cases.
He personally does not want to know what decisions were made in similar cases because it
may effect his decision on the case in question. The Board must look at the hardship or
• special conditions in the case at hand and not previous cases.
City Councilman Kennady stated that decisions on previous cases may help with providing
consistency for the Board and the applicant. The Board is not bound by the previous cases;
however, precedence may be helpful at times.
Mr. Gaston agreed that precedence is important with City Council and Planning and Zoning
Commission decisions; however, the Zoning Board of Adjustment does not set precedence.
The Board is looking at one specific requirement.
Mr. De Otte stated that he would like to receive all of the information and discard what he
does not want to consider. The Board members just have to remember that they are not
bound by precedence; however, precedence may help in gaining some reasoning to consider
on an additional point.
AGENDA ITEM NO. 7: Adjourn.
Mr. De Otte moved to adjourn the meeting of the Zoning Board of Adjustment. Mr.
Sawtelle seconded the motion which passed unopposed (5 - 0).
APP D:
hairperson, lenda Baker
ATTE
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ZBA Minutes June 16, 1992 Page 4
ZONIl~iG BOARD OF ADJUSTMENT
i
FORMAT FOR NEGATIVE MOTION
Variance from Section 15, Ordinance Number 1638.
I move to deny 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 be contrary to the public interest due to the
• lack of any special conditions, and because a strict enforcement of the provisions of
the ordinance would not result in unnecessary hardship to this applicant, and such that
the spirit of this ordinance shall be observed and substantial justice done.
Motion made by
Seconded by
Chair Signature
Voting Results ~~
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