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HomeMy WebLinkAbout07/05/1994 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS July 5, 1994 7:00 P.M. MEMBERS PRESENT: Chairman Birdwell, Members Rife, Hollas, Poston and Alternate Member Ochoa. (Alternate Member Blackwelder was in the audience.) MEMBERS ABSENT: Member Sawtelle and Alternate Member Alexander. 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 May 17, 1994. Mr. Rife moved to approve the minutes from the meeting of May 17, 1994 as written. Ms. Poston seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 3: Consideration of a variance request to the ~arlcing lot standards for the property at 315 Church Street to allow the custom locatoon of plant islands, space locations and distances. Staff Planner Kuenzel presented the staff report and a revised site plan of the subject property. The applicant has reconfigured the parking lot with angled parking so that the only variance requested is to the parking lot setback along Second Street. The applicant is proposing a 4' setback instead of the required 8' and is no longer requesting a variance to the parking lot island requirements. The subject lots and the lots in the Northgate area were originally subdivided for residential use. At the time that most of the area was rezoned for commercial use, the lots should have been resubdivided to provide adequate utility and street systems to accommodate more intense uses. The conversion of this area, however, occurred at a time when it was not standard practice to require such a redevelopment. Therefore much of the Northgate area is congested and presents constant utility problems. Parking is relatively scarce and lot configurations do not lend themselves well to development other than single family. Site design becomes difficult where parking lots are considered. The College Main project includes the provision of a bike route, which will eliminate roughly 85 parking spaces on that street from Church north to the City limit line. These factors, while they constitute • "special conditions", should be weighed against the intent of the requirements to ensure that the spirit of the ordinance is kept in tact and thus no precedence is set. Twelve surrounding property owners were notified with one inquiry. Chairman Birdwell opened the public hearing. Representative of the applicant Clint Schroff of Clarke & Wyndham Investments approached the Board and was sworn in by Chairman Birdwell. He stated that the revised parking lot plan would decrease the number of parking spaces by one; however, • the revised plan meets all but one of the Zoning Ordinance requirements. The variance request is necessary to have a minimum number of parking spaces to make the project economically viable. The existing building is currently being used for storage and will probably remain if the variance is not granted. The proposed use is anon-attended pay parking lot. City Councilman Hubbard Kennady approached the Board and was sworn in by Chairman Birdwell. He informed the Board that the City Council dedicated $300,000 for utility relocation for the College Main project. At that time, there was a commitment for the City Council to replace the parking that was removed along College Main; however, no money was allocated. There is a definite interest from the City Council that the Northgate area be improved and parking is a big issue. The proposed parking lot would help to alleviate a small amount of the parking concerns. Chairman Birdwell closed the public hearing. Mr. Rife stated that if a variance was granted, a condition should be placed so that the portion along Second Street is adequately screened so that the intent of the ordinance is maintained. However, the buffering should not cause traffic visibility problems. Staff Planner Kuenzel stated that the site plan will have to be reviewed and approved by the Project Review Committee. The Committee will make sure that all safety standards are met. The site plan presented tonight could change once reviewed by the Project Review Committee. Staff Planner Kuenzel suggested that if a buffer is recommended, that staff be allowed to review the plans so that it does not cause site distance problems. • Mr. Rife moved to authorize .a variance from Section 15, Ordinance Number 1638 of 4' to the minimum parking lot setback requirement from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the change in the area zoning from residential to commercial resulted in an unusually small lot and limited parking in the Northgate area; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: limited parking in the Northgate area; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: that the landscaping be concentrated on Second Street with the understanding that it be approved by staff as to minimize any obstruction to traffic visibility. Ms. Poston seconded the motion which passed (4 - 1); Mr. Ochoa voted in opposition to the motion. Chairman Birdwell stated that the existing parking lots in the Northgate area are atrocious and the proposed parking lot is an upgrade to the area. He thanked the applicant for meeting the parking lot standards and for not creating another "Mudlot" situation in the area . AGENDA ITEM NO. 4: Consideration of a special exception re nest to allow the expansion of a nonconforming use, the Bethel Baptist Church located on lot 1, block 1 of the Harvey Hillsides Addition. Staff Planner Dunn presented the staff report and stated that the subject site is nonconforming in terms of parking lot design and landscaping. Granting a special exception would allow the expansion without provision of asphalt/concrete paving, curbing or landscaping that is ordinarily required of site upgrades. The Zoning Board • has the authority to grant a special exception to allow the expansion of a nonconforming building when the Board finds that the expansion is necessary and does not exceed 25 °~o of the area of nonconformity. Special conditions and hardships need not be found to grant a special exception. Five surrounding property owners were notified with no response. ZBA Minutes July S, 1994 Page 2 of 3 Chairman Birdwell opened the public hearing. • Representative of the applicant, Jim Holster of 6404 Windwood Drive in College Station approached the Board and was sworn in by Chairman Birdwell. He stated that the proposed expansion is to facilitate the current Sunday School program. The addition is not to allow more people in the church because the current worship space only holds approximately 90 eople. To totally come into compliance would triple the current estimated costs of $60,000. Chairman Birdwell closed the public hearing. Mr. Hollas moved to authorize a special exception from Section 15, Ordinance 1638 to allow the 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 anon-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. Ms. Poston seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 5: Other business. There was no other business. AGENDA ITEM NO. 6: Adjourn. Mr. Hollas moved to adjourn the meeting of the Zoning Board of Adjustment. Ms. Poston seconded the motion which passed unopposed (5 - 0). • APPR ~17~ ~ r~/~ U U hairman, Dick Birdwell A ,. Pl m g echnician, atalie Thomas • ZBA Minutes July S, 1994 Page 3 of 3 ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variance from Section 15, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.7) lot width (Table A) t depth (Table A) ~~,~ ~{-o d-~ minimum setback ZQ~~r,~,µc,~. t parking requirements (Section 9) from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: _ ~ ~ '-_ ' K /~ C ~~//~~ o~//~~ ~ ~/~,Vf~L yG •/ / l /~ ~••6t• ~ ~ kT n (~ - - - -- . an ecause a strict enforcem nt oe provisions of th ordinance would result in unnecessary hardship to this applicant being: liL~'Kc wc-c~ 1 Vl and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: n - .- ~ f oV~ d-n we ~ K ~ wt 1~.~ ©b s~ 2t•~•e.~~'~, b-a ~~b ~~ v .s ~ Co'G t~,(;~,,, Motion made by ( Date "- L Seconded by ~d~ lGl oc O ST ciYl _ Voting Results ~-~ Chair Signature V.5RP1638.DOC • ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTIONS Special Exceptions -From Section 15 Ordinance 1638 I move to authorize the Y a. 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 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. b. enlargement of a building devoted to anon-conforming use where such c. Motion made by Seconded by 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. Voting results: `~ ~ ~ ~ OkSs i `~ 6~~y/ Chair Signature [or~/pladmaione {J1293 ~/ sl ~ y Date 1~ u Zoning Board of Adjustment Guest Register • / / t D ~ `1 a Name Address 2. ~..~aG_~ ~fir~~ ~r . '-~ ~ ~ 5~~ 4. 5. 6. 7. 8. 9. 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25.