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HomeMy WebLinkAbout09/16/1980 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • CITY OF COLLEGE STATION ZONING BOARD OF ADJUSTMENT SEPTEMBER 16, 1980 Members Present: Chairman Harper, Upham, Wagner, Alternate Boughton Members Absent: Mathewson, Burke Staff Present: Zoning Official Callaway Agenda Item No. 1 - Approval of Minutes, Meeting of Jul 15, 1980 - Boughton moved to approve the minutes of the meeting of July 15, 1980. The motion was seconded by Wagner and passed unanimously. Agenda Item No. 2 - Consideration of a Request for the Expansion of a Non- conforming Use in the name of James Farmer, 301 Fairview - Zoning Official Callaway presented background information concerning the • Building Permit condition required for the issuance of a Building Permit for remodeling the existing duplex at 301 Fairview. Callaway stated that Mr. Farmer's request for the expansion of a non-conforming use was a request to the Board to remove the Permit requirement that called for removal of the pre-existing upstairs kitchen. Mr. J. W. Wood stated that he would be available to answer questions with regards to the request. Upham asked if the repairs to be undertaken would bring both living units up to standard condition. !good replied that this would be included in the remodeling work. Mrs. J. R. Brown spoke in opposition to the request, stating that the property at 301 Fairview had deteriorated and cited past ordinance violations on that location. Mrs. I. G. Adams spoke in opposition to the request, citing the storage of dump trucks in the adjacent alley. Upham questioned the applicant with regards to the parking of trucks and equip- ment in the alley. Mr. Farmer replied that this equipment was at that location for use on his lot. Upham stated that the issues being raised were not germane to the request • under consideration. Mr. Wood summarized the reasons for the request. Page 2 • Har er moved to rant the re nest for the ex an i n - P 9 q p s o of a non conforming use, such request being in accordance with Sec. 11-B.3 (b) of the Zoning Ordinance. The motion was seconded by Wagner and passed unanimously. Agenda Item No. 3 - Consideration of a Request fora Variance in the name of MGM Company, 404 E. University - Callaway explained the encroachment of the partially constructed center into the required front setback area, the actions, reviews, and approvals that led to this situation, the reason for the wide Right-of-Way along University Drive at that location, and the authorization by the Department of Highways and Public Transportation for the use of that Right-of-Vday. Upham stated that this was an example of sloppy work at all levels of involve- ment, that there were matters of liability involved, and that the board was being asked to absolve all blame. Mr. Wood stated that he felt the building line "realistically" moved with the authorization to utilize the Right-of-Way. Callaway stated that the building did meet the intent of the Zoning Ordinance in observing a uniform setback along the street. • Harper moved to grant the requested variance based upon the unique conditions of the property and that there was no detriment to the public interest in granting the variance. The motion was s'~conded by Wagner and passed unanimously. Following consideration of Item 2, Mrs. J. LaBlanc addressed the Board, request- ing any possible action on their requested variance. Callaway stated that no formal action could be taken until all required notices had been made. Upham stated he would not vote for this request because there was no unique feature or special condition. Harper stated that he would vote for the request because it was not detrimented to the public interest. Harper advised Mrs. LeBlanc that she had heard two opinions from Board Members and that she could use this information in deciding to proceed with. the request. Agenda Item No. 4 - Adjourn - Boughton moved to adjourn. The motion was seconded by Wagner and passed unanimously.