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HomeMy WebLinkAbout03/01/1994 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS March 1, 1994 7:00 P.M. MEMBERS PRESENT: Chairman Birdwell, Members Gaston, Sawtelle, Rife and Alternate Member McKean. MEMBERS ABSENT: Member DeOtte and Alternate Members Hollas and Poston. STAFF PRESENT: Planning Technician Thomas, Staff Planner Kuenzel, Staff Planner Dunn and Assistant City Attorney Shively. AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board. Chairman Birdwell called the meeting to order and explained the functions and limitations of the Board. AGENDA ITEM NO. 2: Approval of minutes from the meeting of February 1, 1994. Mr. Rife moved to approve the minutes from the meeting of February 1, 1994 as written. Mr. Sawtelle seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 3: Consideration of a variance request to the side street setback requirements for the Bullwinkle's Grill and Bar located in the Culpepper Plaza Shopping Center at 1601 Texas Avenue South. Staff Planner Dunn presented the staff re~ort and stated that the applicant is proposing a setback of S' for a total variance of 10 to allow an awning above the existing patio. Through the conditional use permit process, the Planning and Zoning Commission required the main entrance to be located on the side of the building. The doors facing the parking lot have been designated as "exit only" doors. The Zoning Board could consider the additional requirement as imposed by the Commission in this case to be a special condition. The applicant claims that the hardship in this case is that there are problems during times of inclimate weather. An alternative to the proposed variance request is to install an awning that would extend approximately 8' from the building. Bentley House, the apartment/hotel located immediately to the east of the subject property, has been before the Board to request a front setback variance to be allowed to extend an entrance awning into the front yard area. The purpose of this awning was to have been increased visibility from Texas Avenue. The Board found that the hardship in that case was solely financial and therefore denied the request. Twelve surrounding property owners were notified with one letter received from the owner of the adjacent Bentley House site in opposition to the variance request. Chairman Birdwell opened the public hearing • Representative of the applicant, Walter Shoemake of 2101 Barak in Bryan, approached the Board and was sworn m by Chairman Birdwell. He stated that the main objective of the variance request is to build a foyer and awning to protect the customers on the outside deck and the patio doors from inclimate weather. A variance is needed to cover the entire patio area. Chairman Birdwell closed the public hearing. Mr. Birdwell stated that he did not see a problem with a 10' awning allowed without a • variance. Mr. Gaston stated that he did not see a particular hardship in the subject case. The proposed awning would be a nice addition; however, it is not justified through a unique and special condition. Mr. Sawtelle moved to deny a variance from section 15, ordinance number 1638 to the minimum setback requirements 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. Mr. Gaston seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 4: Other business. Mr. Rife questioned staff as to the number of minor variance requests recently considered by the Board containing a small percentage of variance from the ordinance requirement. Chairman Birdwell requested that staff place an item on the next available agenda to discuss cases of minor variance requests and small differences in parking numbers from the ordinance requirements. AGENDA ITEM NO. 5: Adjourn. • Mr. Sawtelle moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Rife seconded the motion which passed unopposed (5 - 0). APPRO hairman, Dick Birdwell A Plann g echnician, Natalie Thomas CJ ZBA Minutes March 1, 1994 Page 2 ,. ZONIIJG BOARD OF ADJUSTMEN'P 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 ~ ~ ~ Si"""t ti ~ ~ "t. Date ~l ~ ~% Seconded by Chair Signature Voting Results Y/~RN1638.DOC • Zoning Board of Adjustment Guest Register Date -J~~~~~~l~~C~ Name Address 1. l ~ 1.`CL1~ ~1~D~ CY1~~~ ~_IQ I i~ic ~ ~. iJ ~ t I ~/~ 2. 3. 4. 5. 6. 7. 8. 9. 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25.