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HomeMy WebLinkAbout05/19/1981 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • City of College Station Zoning Board of Adjustment May 19, 1981 7:00 p.m. MEMBERS PRESENT Upham, Burke „ McGilvrey and Wagner MEMBERS ABSENT Harper, City Council Liaison, Boughton SPECIAL VISITOR Mayor, Gary Halter STAFF PRESENT Zoning Official, Jane Kee; Asst. Director of Planning, Jim Callaway; Planning Technician, Joan Keigley. In the absence of Chairman Harper, Commissioner Burke was selected to chair the meeting. Mayor Halter was introduced and in a brief ceremony, administered the oath of office to new board member Dan McGilvrey and reappointed member Vi Burke. Commissioner Burke then proceeded with the regular items on the agenda. AGENDA ITEM N0. 1 - Approval of minutes of April 21, 1981. • Upon motion by Commissioner Wagner; second by Commissioner Burke, the minutes were unanimously approved. AGENDA ITEM N0. 2 - Consideration of a request fora variance to the off-street parking requirements for an arcade in th_e name of Edward J. Walsh., 315 Universi~ Drive, College Station, Texas. Ed Walsh, applicant for the variance, addressed the board and explained he had been in operation in that location for ten years and still had eight years re- maining on his lease. The retail budget tapes and record shop he previously operated in the location has been closed. The present inflationary conditions of the economy make it infeasible to open another retail outlet, but an arcade with electronic games, not serving food or beverages, is economically advantageous. A large amount of parking is not anticipated to be required for this type operation because this business will depend on foot traffic from other businesses in the area. Jane Kee explained to the board that in 1980 the Planning and Zoning Commission established the present requirement of one parking space per 15os~quare foot, in- cluding parking for employees, which causes seven spaces to be required for the proposed business. This exceeds the present variance approval by one space. Commissioner Upham asked when Mr. Walsh received the variance to parking he now has. Jane Kee replied it was in August, 1979. • Commissioner Wagner asked what the hours of operation of the arcade would be. Mr. Walsh replied he had not made a definite decision, but perhaps it would be from 9:0O~~.arim. to 9:00 p.m., and perhaps later on the weekend. Minutes Zoning Board of Adjustment May 19, 1981 Page two. Commissioner McGilvrey asked what was the reason for the variance in 1979. • Mr. Walsh replied that the size of the building was increased. Commissioner McGilvrey asked how persons who purchased alcoholic beverages at other locations and brought them into the arcade would be handled. Mr. Walsh replied he was unfamiliar with State law in this area, but whatever the requirements of the police department are, he would abide by. Commissioner Wagner asked where present employees parked. Wherever they are able to find a space, Mr. Walsh. stated. He added the infor- mation that the Cow Hop had recently relocated two dumpsters which. created an additional two parking spaces behind his building. Commissioner Upham called the board's attention to the fact that a smaller business down the street was .turned down for a similar request. Mr. Walsh thought the denial might have been based on the fact that the business would draw students into an area they had not been going to before since the location was two streets down from his location. Commissioner Burke stated it was denied based on the increased parking require- ments in an already conjested area. • Mr. Walsh asked the board to consider the number of years he had been in business in the area and also his remaining eight dear lease and that he is not proposing a retail business which he feels would increase automobile- to a greater extent than the business proposed. Commissioner McGilvrey asked what alternatives Mr. Walsh might have if this variance is not approved. Mr. Walsh replied he has no alternatives. Commissioner Burke assured Mr. Walsh the board understands. the problems of the businesses in the Northgate area, but the board must concern itself primarily with a problem that exists and is in conflict with the best interests of the community in that area. Commissioner Wagner asked what the changes in parking requirements might be if 150 square feet of space in the rear of the building were partitioned off. Mr. Walsh stated there was that much space already partitioned off now as office space and for restroom facilities. Mr. Callaway reminded the board there would be a parking requirement for office use and stated he could not recall exactly what it would be. He further stated the board might consider the affect of space so partitioned if it were not used. Commissioner Wagner asked if staff felt the actions of the board had contributed • materially through the past years to better the traffic conditions in the North- gate area. Mr. Callaway replied there are three groups involved. The business owners, property owners and the city. There have been changes through the years in types of busi- nesses in the area, but overall, there has been no appreciable change either adversely or correctively in the area. Minutes Zoning Board of Adjustment May 19, 1981 Page three. Commissioner Burke then presented the f©llowing motion for consideration: • .J It is hereby moved that the request for a variance to the off-street parking requirements for an arcade, application in the name of Edward J. Walsh at 315 University Drive, College Station, Texas be considered for approval. Second to the motion was given by Commissioner Wagner and approval was denied by the following .vote. In favor: Commissioner McGilvrey. Opposed: Commissioners Burke, Upham and Wagner. AGENDA ITEM N0. 3 - Consideration of a request for a variance to the side yard setback requirements for the expansion of A & M Pres6 terian Church office, 301 North Church Avenue, College Station, Texas. Jane Kee explained to the board that the variance to the side set-back could be granted under Section 11-B.3.(B) of Ordinance 850, which allows the enlargement of a building. devoted to a non-conforming uses!under certain circumstances. If this variance is granted, this would essentially establish a new side setback for this lot and any further developments by the Church within these setbacks will need not come before the board. Jim Holster, architect representing A & M Presbyterian Church. described the proposed new construction to the board stating it is an expansion of the ex- isting administrative offices of the building. Seating capacity in the sanctuary is not being expanded. Commissioner Wagner asked if the fire marshall had checked these plans. Mr. Callaway replied he had seen the plans, not in a review for this board, but in a review for the Planning & Zoning Commission and he had not made any objections. Commissioner McGilvrey asked if it would be legal to make the new construction conform to the present line. Commissioner Upham stated if the variance was denied, essentially that would be the only alternative. He asked staff if the Church would still need a permit from the board. Mr. Callaway answered it would be best for them to resolve it before the board. Mr. Holster explained the plans had been worked out in the most economical manner possible. If they tried to go north with. the construction it would interfere with the existing roof line; if they attempted to go south it would interfere with the windows. Commissioner Upham stated if it were redesigned for smaller space it could remain in the present variance. He then asked Jane Kee to read Section 11-B.3(B) of Ordinance No. 850. It is hereby moved that the variance to the side. yard setback requirements for the expansion of A & M Presbyterian Church office, 301 North. Church. Avenue, College Station, Texas be approved with the stipulation that the approval of this vari~.ance does not approve future construction or expansion of this non-conforming use without approval of this board. After discussion, Commissioner Burke formed the following motion for consideration: Minutes Zoning Board of Adjustment May 1 9 , 1981 Page four. The motion was given second by Commissioner Upham and was unanimously approved. • AGENDA ITEM N0. 4 - Other Business. Mr. J. W. Wood approached the board for consideration of a variance to lot width in the area of University Drive at Fed Mart Drive where a duplex develop- ment is proposed. He explained he was not asking for approval at this time, but wanted to get a feeling of the board's attitude toward such a variance be- fore proceeding with planning and development of the area. The reason for con- sideration of a variance to the lot width is to allow the duplexes to be designed for rear parking. The lots would be deeper than the present requirement and the square footage of the lot areas will be the same. Mr. Callaway explained that work in the area of developing an Ordinance so this type development could be allowed had been on going, and at some time in the future it would probably be sent to the Planning & Zoning Commission. Mr. Wood said he would like to work toward such an Ordinance. Commissioner Wagner replied that strict interpretation had been placed on exist- ing situations. He then asked were there topographical or other reasons which could create unique and unusual circumstances. which would justify the reduction of lot width. Mr. Wood stated there were not. Their feeling is that by changing the lot size in this manner it would create a better development with better eye appeal and more useable rear space to the units. • After a further discussion, the board agreed this was not a matter over which they could make a decision or recommendation, but encourage Mr. Wood to work with staff to develop an Ordinance which could and would allow such flexibility. There being no further business to come before the body, upon motion by Commissioner McGilvrey; second by Commissioner Wagner, the meeting was adjourned. APPROVED: Chairman Attest: Secretary .7