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HomeMy WebLinkAbout12/07/1993 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS December 7, 1993 7:00 P.M. MEMBERS PRESENT: Members Gaston, Sawtelle, Rife and DeOtte and Alternate Member Hollas. MEMBERS ABSENT: Chairman Birdwell and Alternate Members Alternate Members McKean and Poston. STAFF PRESENT: Planning Technician Thomas, Staff Planner Kuenzel, Development Coordinator and Assistant City Attorney Shively. 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: Consideration of a special exception request by Kim Stewart and Beth • Ethridge to allow an addition to the existing building located at 209 Dominik. Staff Planner Kuenzel presented the staff report to allow the expansion of a nonconforming building located at 209 Dominik. The subject site is nonconforming in terms of parking lot design and landscaping. The applicant is proposing to expand the existing 1183 square foot building by approximately 275 square feet for a total area expansion of twenty-three percent. The Zoning Board has the authority to grant a special exceptton to allow the expansion of a nonconforming building when the Board finds that the expansion is necessary and does not exceed twenty-five percent of the area of nonconformity. Nine surrounding property owners were notified with no response. Mr. Gaston opened the public hearing. Applicants Kim Stewart of 4608 Colonial Circle and Beth Ethridge of 108 Huntington approached the Board and were sworn in by Mr. Gaston. They informed the Board that when they purchased the building for the use of a veterinarian clinic, they checked the zoning only and were not aware of the property's nonconforming status. It was at the time of building permit when it was determined that the site was nonconforming and the proposed addition could not be completed unless a special exception is granted by the Board. The proposed addition will allow a storage area, utility room and a small kennel. Landscaping has been added to the site to try to come into compliance with current codes. Mr. Gaston closed the public hearing. Mr. Sawtelle moved to authorize a special exception from section 15, ordinance 1638, to • allow the enlargement of a building devoted to a nonconforming use where such enlargement is necessary and incidental to the existing use of such building and does not increase the area of the building devoted to a nonconforming use more than 25% and does not prolong the life of the nonconforming use or prevent a return of such property to a conforming use. Mr. DeOtte seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 3: Consideration of a variance request by Al Lehtonan of Polo Club Apartments for a proposed apartment complex to be located at 600 Dominik. • Mr. Sawtelle stated that he feels that it is inappropriate for the Board to consider this agenda item due to the fact that the City Council will consider this same item later in the week. The Board should not consider a variance request that may influence the decision of the City Council. Mr. Sawtelle stated that he did not want to grant a variance to the subject property if it is not needed and the City Council does not allow the increased density. Mr. Gaston stated that if the City Council chose to deny the density request, the applicant still has the option to eliminate some dwelling units and try to provide the parking spaces elsewhere on site. Mr. Sawtelle moved to table this item and the public hearing until the City Council has considered the density request and made their decision. Mr. Hollas seconded motion. Mr. DeOtte stated that in fairness to the public that may have come to the meeting to speak on this item, the public hearing should be held to allow them the opportunity to voice their concerns. Mr. Sawtelle informed the Board that public input would be more appropriate at the City Council meeting where this site will first be considered. If the motion to table does not pass, Mr. Sawtelle stated that he will abstain from voting on the agenda item. The motion to table the agenda item and public hearing passed (4 - 1); Mr. DeOtte voted in opposition to the motion. AGENDA ITEM NO. 4: Consideration of a sign variance regeust by Lonnie Stabler of Stabler • Signs for the proposed Victoria Bank & Trust site located at 1801 Rock Prairie road. Staff Planner Kuenzel presented the staff report to a larger directional sign at a height of 4.5' and an area of 12.5 square feet. The Board may consider the layout of the property and view the two separate driveways, which do not access one another, as a special condition. The motor bank is accessible only from its own drive entrance. The site also has a relatively large amount of frontage along two roadways with access drives off of both. A hardship in this case may be that drivers may end up having to re-access Longmire, which may cause traffic problems. The smaller directional sign allowed by ordinance does not seem to have enough area to allow visibility to motorists trying to decide between the two driveways on Longmire. Mr. Gaston expressed concern of the proposed rear access drive extending from Longmire to the frontage road of the East Bypass. This drive may become a short cut from the East Bypass to Longmire Drive. Lonnie Stabler of Stabler Sign Company approached the Board and was sworn in by Mr. Gaston. He explained that the three square foot sign allowed by ordinance is adequate for other locations on the site but not for the entrance drive to the motor bank. The proposed larger directional sign would help direct traffic from Longmire into the motor bank and keep it away from the intersection of Rock Prairie Road. The proposed sign is to attract people heading south along Longmire. Due to a hill near this location, it will be difficult for motorists to stop in time to enter the motor bank once one is close enough to read the allowed three square foot sign. Since most of the traffic to this site is generated by the motor bank and the Transact machine, it is crucial to have clearly identified signs to direct • traffic in and out of the site. Mr. Gaston closed the public hearing. ZBA Minutes December 7, 1993 Page 2 Mr. Sawtelle moved to authorize a variance from section 12, ordinance number 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 special conditions not generally found within the City: a • raised elevation (hill on Longmire to the north of the proposed bank entrance creating a potential traffic problem for traffic headed south on Longmire; and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to this applicant being: inability to direct traffic flow in a safe and efficient manner; 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 added sign not exceed 4.5' in height and 12.5 square feet. Mr. Rife seconded the motion. Mr. DeOtte stated that he is not convinced that the sign is needed. If the proposed business was retail in nature then it may be needed; however, people do not go through a motor bank unless they are customers of the bank. The majority of the people entering and exiting the site will be familiar with the traffic patterns and will only make the mistake of entering or exiting the wrong driveway only once. After a customer service base is established, there will be no need for the proposed directional sign. Mr. Hollas agreed; however, there will be a large number of customers using the Transact machine that may not be customers of the bank. Mr. DeOtte stated that if that is true, the proposed sign is not being used to direct traffic but to advertise a particular service. Mr. Rife stated that there will be a large number of current customers of the bank that have never been to this location and need directional signs to know where to go. Customers of the bank will constantly change and there will always be the need for directional signs. • Mr. Gaston stated that there is a site distance problem due to the hill and a curve in the road when heading south on Longmire. He stated that he is concerned with having the driveway located there at all including the proposed rear alley. The motion to grant the sign variance request passed (4 - 1); Mr. DeOtte voted in opposition to the motion. AGENDA ITEM NO. 5: Other business. Mr. DeOtte expressed concern with granting variances pending further decisions from other bodies. There seems to be several recent examples with the Oakwood School expansion and the Polo Club II Apartments. If we do grant the variance, as was the case with the school district, and the special conditions under which it was granted change, then the Board should reconsider the variance. In the example of the Polo Club II Apartments, we do not want to grant a variance pending other decisions; however, we do not want to find ourselves too far into the development process. AGENDA ITEM NO. 6: Adjourn. Mr. Sawtelle moved to adjourn the meeting of the Zoning Board of Adjustment. seconded the motion which passed unopposed (5 - 0). • Planning Technician, Natalie Thomas Mr. Hollas APPROVED: r~L~~ s Chairman, Dick Birdwell ZBA Minutes December 7, 1993 Page 3 • • 1 ~.. ~ A I C v~~ 1 ~~ ~. ~ ~~~ ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTIONS Special Exceptions -From Section 15 Ordinance 1638 I move to authorize the a „/ c. Motion made by substitute of one non-conforming use for another because the extent of the substituted use is less detrimental to the environment than the first. enlargement of a building devoted to anon-conforming use where such enlargement is necessary and incidental to the existing use of such building and does not increase the area of the building devoted to a non- conforming use more than 25% and does not prolong the life of the non- conforming use or prevent a return of such property to a conforming use. reconstruction of anon-conforming structure on the lot occupied by such structure as the cost of reconstruction is less than 60% of the appraised value of the structure and because the reconstruction would not prevent the return of such property to a conforming use or increase the non-conformity. ~~~w ~-.~ ~ 1 ~. Seconded by ~ (d ~ ~G ~~`~~ Voting results: ~ s i..imo..Pnava ~~ ~ ~y~3 Date ~1.~~(~~G~-- ZONING BOARD OF~ADJLTSTNIENT • 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 conditions not generally four the City: lc ~ ' ~n ~ H ~ -f v ~1-v~ G -E ~/` ~__] Ti ~.i /f ~~ rS. I/~ 'T P n Ti and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to this applicant being: {{ ~~~, ~ ~ . . and such that the spirit and intent of this ordinance shall be preserved and the general interests of the public and appDlic/ant served, subject to the following limitatio/n~s: G l~ ~ Motion made by ~ ~ S ~~.-,,~,-,-e f (.r ~~ Motion Seconded by _ ~a v ~ P, ~, Voting Chair Date • sxpisssDOc ~o G S u n 0 S a S (b CITY OF COLLEGE STATIOI`i • `/ PLANNING DIVISION Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409) 764-3570 MEMORANDUM DATE: November 11, 1993 TO: Zoning Board of Adjustment FROM: Sabine Kuenzel, Staff Planner The Zoning Board also functions as the Airport Zoning Board of Adjustment (AZBA), which from time to time is called upon to consider height variances. Most of the structures you consider as the AZBA are temporary cranes or drilling rigs. Due to the potential air traffic hazards involved, you will not hear such cases without first having obtained FAA approval. A representative from Easterwood is usually on hand to answer technical questions. The case before you involves a drilling rig that will be located between two runways. It will stand 163', and will be 487' above sea level. The FAA has found the height and location . acceptable with certain flagging, lighting, and notice requirements. You are considering a variance of 17', because the rig will exceed the allowable 470' above mean sea level. 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