HomeMy WebLinkAbout09/10/1979 - Regular Minutes - Zoning Board of Adjustments
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MINUTES
Zoning Board of Adjustment
September 10, 1979
MEMBERS PRESENT:
MEMBERS ABSENT:
Chairman Harper, Mathewson, Bailey, Jones
Boughton, Burke
Dubois
STAFF MEMBERS PRESENT: Zoning Official Callaway, Building Official
Koehler, Planning Assistant Longley, City
Attorney Lewis
Agenda Item #1 -- Consideration of a request for the expansion of
a non-conforming structure in the name of Minnie Smith Todd,
609 Marvem.
Mr. Wayne Todd expressed his desire to expand the house to
609 Marvem.
Zoning Official Callaway explained that a non-conforming structure
existed on the lot at 609 Marvem but the principal structure and
the proposed expansion met all requirements of the Zoning Ordinance.
Mathewson stated that the Board had determined that a plat be sub-
mitted locating all buildings on the site when non-conforming
structure was involved. Callaway replied that it was his inter-
pretation that this policy only involved situations where property
line locations were questioned.
Mathewson asked if any neighbors had made objections to the request.
Callaway replied that no objections had been received.
Chairman Harper stated that the Board had not established any policy
which would require all drawings submitted to be prepared by a
surveyor. Callaway replied that the board had requested the prep-
aration of site plans by a surveyor in cases where the information
submitted by a property owner was challenged by others.
Chairman Harper moved that the expansion of a non-conforming
structure of 609 Marvem be permitted as this would not increase
the existing non-conforming or prevent the structure from returning
to conformity. Mathewson seconded and the motion passed unanimously.
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September 10, 1979
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Agenda Item #2 -- Consideration of a request for a variance in the
name of C. E. Olsen, 409 Dexter.
Mr. Jim Holster presented the request for a variance to the board
on behalf of Mr. C. E. Olsen, Halst~r explained the modifications
made to the orginal request for a variance so as to provide 25 foot
setback .from the adjacent lot owned by Ms. Caroline Mitchell and
.f_orwarded a letter from Ms. Mitchell to the board.
Chairman Harper read Ms. Mitchell's letter to the Board. In said
letter, Ms. Mitchell expressed no objections to Mr. Olsen's request,
provided that approval of the request would in no way affect the use
of her property. Harper stated that in his opinion the request
before the board provided an acceptable setback at that location.
Mathewson inquired as to the reasons for the request. Holster
related Mr. Olsen's desires to provide a separation between the
house and garage and to save existing trees.
Mathewson stated that the site under consideration was larger than
the minimum lot required and could be utilized in compliance with
the Zoning Ordinance. Harper stated that the request was com-
patible with the existing pattern of land use in that area.
Mathewson restated that the site, being cleared, could comply with
the Zoning Ordinance.
• Mr. Tim Kenneip, a resident of the neighborhood, related the history
of the neighborhood and stated that the requirements, of the Zoning
Ordinance were more appropriate for new developments.
Chairman Harper moved to approve the request for a variance in the
name of C. E. Olsen, permitting a structure to be built within
17 feet 7 1/2 inches from the existing alley as this is not contrary
to the public interest and due to the unique circumstance of existing
rear garages in the neighborhood.
Bailey seconded the motion, which was approved by unanimous vote.
Burke recommended investigation into non-conforming uses in such
areas and that the Planning and Zoning Commission investigate the
possibility of addressing problems through ordinance revision.
Agenda Item #3 -- Reconsideration of a request for the expansion of
a non-conforming use in the name of Larry Hickman, 300 West Dexter.
Chairman Harper gave background information concerning the past
actions of the Board with regards to this request.
John Hawtrey, attorney for Larry Hickman, presented excerpt, from
Ordinance 850, the Zoning Ordinance for the City of College Station.
Hawtrey related past events which. led to Mr. Hickman's original
• request previously denied by the Board.
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September 10, 1979
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1. Mr. Hickman's structure is a non-conforming use;
2. A use permit authorizing said non-conforming use was
granted upon adoption of Ordinance 850;
3. The Board does have the authority to revoke such a
use permit, but that is not the question currently
before the board;
4. The Zoning Ordinance regulates modifications of
non-conforming uses under Sec. 4-C; and that Sec. 4
and Sec. 11 do not accurately correspond.
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Hawtrey further stated that the Zoning Ordinance gave the Building
Official some degree of responsibility in determining when building
permits will be issued in conjunction with. non-conforming uses, and
whether such building permits would require action by the Board.
Hawtrey conch~ded by stating that there was no necessity for
referring Mr. Hickman's request to the Board.
City Attorney Lewis responded to Mr. Hawtrey's points stating that
Hawtrey's arguments raised a legitimate question for the Board to
address. Lewis further stated that the City was not attempting to
discontinue Mr. Hickman's Use Permit but Mr. Hickman was attempting
• to amend his permit and that the language of Sec. 4-C, Ordinance 850
is broad enough to reconcile the instances where the language of the
various sections were unclear.
Mathewson stated that the Board had the authority to authorize the
extension of a non-conforming use if the enlargement met the require-
ments of Sec. 11 and that the issue in question should have come to
the Board, that the question to be addressed is the necessity of the
extension and whether or not it is incidental to the existing use of
the building.
Hawtrey stated that Mr. Hickman's request did not constitute an
enlargement, but was an addition and did not increase floor area.
Mathewson disagreed with that definition with regards to the deck
addition.
Chairman Harper stated that the Zoning Ordinance addressed the building
area of the lot and defined a building.
Hawtrey restated that Mr. Hickman's rea_uest was .not an enlargement of
a building devoted to a non-conforming use, and should not have been
referred to the Board.
Mathewson inquired as to how this case orginally came before the
• Board. Zoning Official Callaway related the events that led to the
original request and added that he could not approve Dr. Hickman's
Building Permit without approval of the Board,. unless the Board
found otherwise.
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September 10, 1979
Chairman Harper invited comments from any interested parties.
Mathewson suggested that the Board review the advice of both councils
to determine whether or not the Board had authority in this matter
and the Zoning Official. and the Building Official acted properly in
referring this matter to the Board, and that the definition of
floor space should be determined. Mathewson moved that the Board
find that the Zoning Official and Building Official acted properly
in referring this matter to the Board under Sec. 4-C, Ordinance 850
and that the Board had the authority in the question of the deck and
the granting of its building permit. The motion was seconded by
Burke and passed unanimously.
Harper moved that the Board find that the Board authority under
Sec. 4-C and that the Zoning Official and the Building Official
acted properly in the attic. The motion was seconded by Jones and
passed unanimously.
Chairman Harper suggested that the Board reexamine the issue of
request for an enlargement. Hawtrey requested that the Board issue
a Use Permit for the enlargement of a building devoted to a non-
conforming use, such extension being necessary and incident-al to
such use of the building, does not increase the area of the building
devoted to a non-conforming use by more than 25o and does not prolong
the life of the non-conforming use and does not prevent the return
of such building to a conforming use. The request was broken into
two parts:
1. The addition of insulation, flooring, and ventilation
to the attic.
2. The addition of a deck and balcony.
Jones inquired as to whether or not the Board should reconsider a
request which. had previously been denied.
Hawtrey stated that the original request was an appeal to the
decision to require a permit for the additions completed and that
the appropriate. action would be to now hear the request.
Callaway suggested the the Board determine whether or not the Board
desired to rehear the case.
Mr. Hawtrey restated that an actual request for a Use Permit had
not formally been made.
Chairman Harper moved that the Board reconsider its previous
decision to deny permission to enlarge a non-conforming use at
300 W. Dexter. The motion was seconded by Mathewson.
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• Jones inquired as to whether or not the additions requested or the
feelings of the neighborhood had changed since the first time this
issue came before the Board.
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MINUTE S
September 10, 1979
Jim Basset spoke in favor of the request.
Hawtrey stated that much of the discussion at the previous con-
sideration was not relevant to the question of the deck, attic
.flooring, and ventilation.
Lambert tnTilkes stated that the work undertaken increased the
floor space of the structure.
Duanne Cofe stated that the structure had been extended, and that
such extension undertaken without a Building Permit had been a
practice at that location in the past. He stated that his
opposition to the proposal with regards to the attic modification
would be withdrawn if Dr. Hickman removed certain structures
from the site.
Mrs. Lambert Wilkes stated that she represented others in the
neighborhood in saying that the requested additions would not be
an improvement in the neighborhood.
Chairman Harper pointed out that liking or disliking the appearance
of the structure was not an appropriate consideration for the
Board.
Chairman Harper called for the question and the motion before the
Board passed by the following vote:
For: Harper, Mathewson, Bailey, Burke, Boughton
Opposed: Jones
Chairman Harper stated that his original Apposition to the request
was due to his concern of a possible. intent to use the attic for
purposes of adding habitable space, but that this concern was
probable inaccurate, but that fie was still concerned about the
bulk added by the decks.
Hatrey stated that the Board could place restrictions upon the Use
Permit granted for any extension.
Chairman Harper moved to approve the modifications to the attic,
including the additions of approximately 200 square feet of windows
and adding flooring under the following conditions;
1. Use of such space shall be used for plant growth and
storage space.
2. No habitable rooms or structures shall be constructed.
3. The external greenhouse shall be removed in 180 days.
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Dr. Richman expressed that the attic was not for residential use.
The motion was seconded by Bailey and passed ~ unanimously.
MINUTE S
September 10, 1979_
• Chairman Harper moved that
at the attic level for the
area for plants. Mathewson
the following vote;
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a use permit for a 30 square foot balcony
sole purpose of providing an outdoors
seconded the motion which failed by
For: Mathewson
Opposed: Harper, Baily, Boughton, Jones
Abstaining: Burke
Chairman Harper moved to grant up to a 25~ extension of the second
floor with a deck on the basis that it is necessary and incedental
to the use of the existing structure.
Several members of the audience questioned the necessity of the
second floor deck. Hawtrey replied stating that the second floor
apartment was entitled to outdoor living space.
Mzs.Lambert Wilkes restated that she spoke for several property
owners in saying that the deck was not an improvement to the
neighborhood. Hawtrey inquired as to whether those in opposition
were absentee owners or residents of the neighborhood. Mrs. Wilkes
replied that she was a property owner, but that the Spriggs,
Adams, and Vroomans, were residents. Mr Basset stated as a resi-
dent~'that the improvements made to the structure were improvements
~,,to the neighborhood relative to past conditions at that site.
• Mathewson pointed out that the deck included 384 square feet while
the second floor included 1176, which would only allow an extension
of 293.5 square feet, if the second floor were to be the basis for
justification. Harper pointed out that ground area coverage should
be use as justification.
Chairman Harper amended his motion to include "the deck as built".
Mathewson seconded the motion which failed unanimously.
Mathewson stated that he would have voted in support of a smaller
deck. Chairman Harper concurred, as did Burke, Boughton, with
Jones uncertain and Bailey reserving comments.
Following questions from the audience Harper stated that the
Board would not consider any proposals which did not represent a
substantial change from the porposal previously denied.
Agenda Item #4 -- Consideration of a request for a variance in the
name of John Paul Jones, 405 University Drive.
Mr. Tim Keneipp presented a history of the actions taken in pre-
paring documentation for a Building Permit for the proposed Corner
Pocket, y-y S" University Drive. He further addressed the
problems with meeting the parking requirements of the Zoning
• Ordinance within the Northgate area, the need for a spirit of
cooperation in addressing this problem, and efforts underway b~
Northgate Merchants to address this parking problem.
Burke related recent problems she had experienced
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Septeinbez 10, 1979
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• in attempting to park in the Northgate area.
Mr. John Paul Jones addressed the Board with regards to the need
for a variance. He pointed out that the hours of operation of his
proposed business differed from those of nearby businesses. That
he has observed parking available in the vicinity of his site, and
that the location and nature of his proposed business would not
contribute to the Northgate parking congestion. Efforts taken to
address the parking problem were described as:
1. Efforts to obtain additional police personnel for patroling
the Northgate area.
2. The formation of a legal entity to address the overall
Northgate parking problem.
3. Working with the City and other Northgate merchants to
develop a parking area located behing Loupot's.
4. Leasing a lot for the operation of a parking lot.
Bailey inquired as to the distance from the lot behind Luopot's
to the proposed Corner Pocket.
Mr. Jones replied that this distance is approximately 350 feet,
and that his request for a variance was for a variance from the
requirements that such parking be within 200 feet and under the
same ownership as the proposed place of business.
• Callaway related City Planner Mayo's comments regarding his concern
over whether or not customers of the Corner Pocket would utilize
the parking lot proposed at Church and First Streets, but that
any parking problems created by the Corner Pocket should be off-
set by this lot.
Chairman Harper and Mr. Tim Kenneip stated that this represented
Mayo's opinion.
Bailey disagreed, stating that granting such a variance would
compound the existing parking. problems.
Mathewson desagreed with Bailey, stating that the parking problem
was Northgates loss, that a large number of potential customers
were within walking distance, and that the change of use would
not adversely affect the Northgate problem.
Callaway restated the ordinance requirements and the need for a
variance in order to grant a Building Permit.
Mr. Jones stated that if a variance was necessary that an ordinance
amendment might be in order.
Jim Berry, President of the Northgate Merchants Association, con-
curred with Mr. Jones remarks concerning efforts of the merchants
• to address parking problems, relating the history of these efforts
and efforts taken to work with the City in addressing these problems.
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September 10, .19.79
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Mr. Jones restated his request for a variance. The need for such
• variance, and his efforts to provide off-street parking.
Chairman Harper moved that the variance be granted, with off-street
parking to be provided in either or both of the proposed parking
lots. The motion was seconded by Mathewson.
Bailey inquired as to how many alternate Board members should vote
on the motion before the Board.
Chairman Harper appoointed Boughton to vote on the motion.
iI'niK.Q JwreS Y~''~rCS~~~~w
A representat-ive 1 A & M United Methodist Church spoke in
opposition to the variance, stating that patrons of the Corner
Pocket would utilize church parking facilities.
Ms. Jones inquired as to whether or not the proposed business would
operate on Sunday and what the hours of operation would be. Mr.
Jones replied, stating that this would depend upon the economics
of Sunday operations.
The granting of the variance failed by the following vote:
For: Harper, Boughton, Mathewson
Apposed: Bailey, Jones
Tim Kenniep expressed a need for a spirit of cooperation in address-
. ing Northgate problems.
Harper expressed a concern over denying the use of the land in
question.
Bailey stated that the-Planning and Zoning Commission and the City
Council should address the Northgate problem.
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