HomeMy WebLinkAbout01/05/1993 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
i Zoning Board of Adjustment
CITY OF COLLEGE STATION, TEXAS
January 5, 1993
7:00 P.M.
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MEMBERS PRESENT: Members Gaston, Sawtelle, DeOtte and Birdwell and Alternate
Member Davis. Alternate Member Phinney.
MEMBERS ABSENT: Chairperson Baker and Alternate Members Phinney, DeLoach and
McKean.
STAFF PRESENT: City Engineer Pullen, Planning Technician Thomas, Assistant City
Attorney Coates, and Development Coordinator Shirley Volk.
Council Liaison Hubbard Kennady and Design Review Board
hairman David Brochu were in the audience.)
AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board.
Mr. Gaston called the meeting to order and explained the functions and limitations of the Board.
AGENDA ITEM NO. Z: Approval of minutes from the meeting of December 1, 1992.
Mr. Sawtelle moved to approve the minutes from the meeting of December 1, 1992 as written.
Mr. DeOtte seconded the motion which passed unopposed (4 - 1 - 0); Mr. Birdwell abstained
from voting.
AGENDA ITEM NO. 3: Variance request to the drainage ordinance to allow development
within the floodway along the Wolf Pen Creek Corridor for the Wolfe Nursery site located on the
southwest corner of Holleman and the East By Pass.
City Engineer Pullen presented the staff report and stated that the development plan for Wolfe
Nursery at the corner of Holleman Drive and State Highway 6 proposes paving, excavation and
clearing within the floodway. Accordingly, as the Administrator of this chapter of the City Code,
the City Engineer has determined that a variance must be granted before a development permit
can be issued. The applicant is requesting a variance from the requirements of the ordinance
which states, encroachments shall be prohibited including fill, new construction, substantial
improvements 'of existing construction, structures, manufactured homes, or other development".
The proposed development within the floodway is a minor infringement and should have no
hydraulic detriment to the floodway or negatively impact surrounding property. The proposed
facilities are detailed similar to other structures of this nature within the floodway on other
projects. Typically, damage to these structures will result from soil erosion or soil movement due
to the saturated soil condition. In either case, additional threats to public safety beyond the
current norm should not be created by this development.
Mr. Gaston opened the public hearing.
Charles Smith, representative of the Wolfe Nursery Group, approached the Board and was sworn
in by Mr. Gaston. He stated that the design standards for this particular area of development
within the floodway, will be revised to meet all city requirements. The area that encroaches into
the floodway will be pedestrian walkways and not the actual building.
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Chairman of the Wolf Pen Creek Design Review Board (DRB), David Brochu, approached the
Board and was sworn in by Mr. Gaston. He informed the Board that the DRB reviewed this site
plan extensively and recommended that the variance be granted. Mr. Brochu stated that the
Board will probably see more variances of this type with increased development along the Wolf
Pen Creek Corridor. If this is the case, Mr. Brochu suggested that a representative of the Zoning
Board of Adjustment be present at the DRB meetings to gain further insight of what exactly the
Board is looking for along this corridor. The proposed Wolfe Nursery development will meet all
city requirements and will integrate well with the park atmosphere.
Paul Clarke of Clarke and Wyndham Realty approached the Board and was sworn in by Mr.
Gaston. He stated that there will definitely be more variances coming before the Board for
private development along this corridor. The intent of the Wolf Pen Creek Corridor is to blend
the private and public developments through like features and pedestrian walkways. This
integration cannot take place unless some development occurs within the floodway. Mr. Clarke
requested that the Zoning Board of Adjustment consider having a member present at the DRB
meetings or allow staff to review the variance request and grant a permit for these minor
infringements into the floodway.
Mr. Gaston closed the public hearing.
Mr. Birdwell moved to authorize a variance from the terms of ordinance number 1728, chapter
13, because undue hardship on the owner will result from strict compliance with those
requirements, to wit: the variance is necessary for the preservation and enjoyment of property
rights; and because special circumstances or conditions affect the land involved such that strict
compliance with the provisions and requirements of this chapter will deprive the applicant of the
reasonable use of his land, to wit: under the ordinance, the applicant cannot improve grading of a
small portion of his /her property. Mr. Sawtelle seconded the motion.
Mr. Birdwell suggested that the Board make a recommendation to the City Council to amend the
drainage ordinance and allow staff to review these minor encroachments that do not effect the
hydraulic flow in the floodway and have the authority to grant permits without having to obtain a
variance from the Zoning Board of Adjustment.
Mr. Gaston agreed.
Mr. DeOtte suggested that the Board wait to see how many variance requests are submitted with
regard to this ordinance and development along the Wolf Pen Creek Corridor. If many requests
come forward, then the Board may consider changing the ordinance.
The motion to authorize the variance request passed unopposed (5 - 0).
AGENDA ITEM NO. 4: Other business.
There was no other business.
AGENDA ITEM NO. 5: Adjourn.
Mr. DeOtte moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Birdwell
seconded the motion which passed unopposed (5 - 0).
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Planni g Technician, ie h mas
APPRO
airperson, lenda Baker
ZBA Meeting January S, 1993 Page 2
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ZONING BOARD OF ADJUSTMENT
FORMAT FOR POSITIVE MOTION
Variance from Chapter 13, Ordinance Number 1728, Drainage Ordinance.
I move to authorize a variance from the terms of this ordinance because undue hardship on the
owner will result from strict compliance with those requirements, to wit:
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and because either of the following criteria are met:
1) Special circumstances or conditions affect the land involved such that strict compliance with
the provisions and requirements of this chapter will deprive the applicant of the reasonable
use of his land, to wit: b~~~N r
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2) Th variance is necessary fa~he preservat nd enjo~r nt of a sihbsta ial pro~ty right
of the plicant, to wit: ~
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Motion made
Seconded by
Chair Signat~
FORMS~DOP1728.DOC
12/91
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Voting Result
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ZONING BOARD OF ADJUSTMENT GUEST REGISTER
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