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HomeMy WebLinkAbout11/01/2005 - Workshop Minutes - Zoning Board of Adjustments• • WORKSHOP MINUTES Zoning Board of Adjustment November 1, 2005 CITY OF COLLEGE STATION, TEXAS 5:30 P.M. MEMBERS PRESENT: Chairman Jay Goss, John Richards, Donald Braune & Josh Benn & Alternate Charles Taylor. MEMBERS ABSENT: Graham Sheffy, Alternates, Denise Whisenant & Derek Dictson (not needed) STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Molly Hitchcock, Jennifer Reeves, Crissy Hartl and Lindsay Boyer, Sr. Assistant City Attorney Carla Robinson, & Assistant Director of Planning & Development Services Lance Simms. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Goss called the meeting to order. AGENDA ITEM N0.2: Presentation, discussion and possible action on staff recommendations concerning ZBA cases. Mr. Simms discussed the memo that was in the Boards packet (attached as part of the minutes). Effective November 1, 2005 City Staff will begin making case specific recommendations to the Zoning Board of Adjustment as appropriate. Mr. Simms reiterating the last paragraph: "It is important to remember that the ZBA is a quasi judicial body. As such, the ZBA may ascertain facts, draw conclusion and exercise discretion base on the evidence presented at the public hearing both by city staff and all others testifying or presenting other evidence. Staff recommendations will typically be made well in advance of the public hearing and, therefore, may not be based on all the facts presented to the Board during the public hearing." Mr. Simms ended by saying that City Staff will not be making recommendations on every case. He told the Board that there is one case that may be coming before the Board soon. It is an applicant that is appealing a decision of the Administrator. This particular case, if it does come before the Board, is going to be related to a zoning district. In these cases City Staff's opinion is going to be clear. All the Board Members were agreeable to staff recommendations. Chairman Goss asked that in the future if there are Workshop Meetings that an item be placed on the agenda to discuss the items on the regular agenda. • AGENDA ITEM N0.3: Discussion of Administrative Adjustments approved by City Staff. OS-156 -1100 University Drive • Ms. Hitchcock told the Board this was for the AmeriSuites Hotel and they were given an adjustment of 2-feet to the 20-foot depth requirement for parking stalls. OS-183 -1101 Walton Drive Ms. Boyer told the Board that an administrative adjustment of 9.5-inches was given to the rear setback. Chairman Goss asked if the Board was going to have a Workshop every time. Mr. Simms stated that is up to the Board if they wanted to have a Workshop. Chairman Goss stated that he is not inclined to have them every time but did feel they were beneficial. The other Board Members were in agreement. AGENDA ITEM N0.4: Adjourn. The meeting was adjourned. • ATTEST: Deborah Grace aff Assistant ZBA Workshop Minutes November 1, 2005 Page 2 oj2 • MEMORANDUM DATE: 20 October 2005 TO: College Station Zoning Board of Adjustment FROM: Lance Simms, Assistant Director of Planning & Development Services RE: Staff Recommendations Effective 1 November 2005, City staff will begin making case specific recommendations to the Zoning Board of Adjustments (ZBA), as appropriate. When making a recommendation, staff will carefully consider the nature of the proposed use of the land involved, the existing use of the neighboring property, and the possibility that a nuisance will be created by the approval of a variance. Staff will also consider the following issues: • Extraordinary Conditions Do extraordinary or special conditions affect the subject property such that a strict application of City codes and/or ordinances deprives an applicant of the reasonable use of his or her property? Enjoyment of a Substantial Propert~~ht Is the requested variance necessary for the preservation and enjoyment of a substantial property right of the applicant? Substantial Detriment Will the granting of the variance cause detriment to the public health, safety, or welfare, or harm to other property in the area, or to the City in administering the Unified Development Ordinance (UDO)? Subdivision Will the granting of the variance have the effect of preventing the orderly subdivision of other land in the area? • Flood Hazard Protection ZBA Memo - Pg. 2 Will the granting of the variance have the effect of preventing flood hazard protection in accordance with adopted standards? Other Property Do the conditions associated with the variance request generally apply to other property in the vicinity? Hardship Is any stated or perceived hardship the result of the applicant's own actions? Comprehensive Plan Would the granting of the variance substantially conflict with the Comprehensive Plan or the purposes of the UDO? Utilization • Are special conditions associated with this particular piece of property that would effectively prohibit or unreasonably restrict the utilization of the property? As a final note, it is important to remember that the ZBA is a quasi judicial body. As such, the ZBA may ascertain facts, draw conclusions and exercise discretion based on the evidence presented at the public hearing both by city staff and all others testifying or presenting other evidence. Staff recommendations will typically be made well in advance of the public hearing and, therefore, may not be based on all the facts presented to the Board during the public hearing. I trust this information is useful. Please do not hesitate to contact me should you have questions or need additional information. •