HomeMy WebLinkAbout08/03/2004 - Regular Minutes - Zoning Board of Adjustments
MINUTES
Zoning Board of Adjustment
August 3, 2004
CITY OF COLLEGE STATION, TEXAS
6:00 P.M.
MEMBERS PRESENT: Chairman Leslie Hill, John Richards, Ward Wells, Jay Goss & Alternate
Joshua Benn. (Jason Schneider was in the audience)
MEMBERS ABSENT: Graham Sheffy. Alternate Donald Braune (not needed).
STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Jennifer Prochazka,
Jennifer Reeves & Molly Hitchcock, City Attorney Carla Robinson,
Action Center Representative Regina Kelly.
AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board.
Chairman Hill called the meeting to order.
AGENDA ITEM N0.2: Consider any absence request forms.
Graham Sheffy was absent from the meeting. No absent request was received. The Board did not vote
on his absence. Joshua Benn was in the audience and was asked to serve in Mr. Sheffy's absence.
AGENDA ITEM NO. 3: Consideration, discussion and possible action to approve meeting
minutes from July 6, 2004.
Mr. Richards made the motion to approve the minutes. Mr. Wells seconded the motion, which
passed unopposed (S-0).
AGENDA ITEM NO. 4: Public hearing, consideration, discussion and possible action to
approve a variance for 4742 Stonebriar Circle, lot 22, block 15, Pebble Creek Phase 2-A.
Applicant is Mike Lane for Jana Schweitzer Lane. (03-227).
Staff Planner Jennifer Reeves presented the staff report and told the Board that the builder is requesting
the variance to construct a house on the lot.
The applicant states as a special condition: a smaller buildable area than what is seen on adjacent lots.
This approval allows this home to be built on the same size buildable area as the home next door.
The applicant states as a hardship: the rear lot line not being square to the front yields an impractical
buildable area as platted.
Ms. Reeves also stated that along the rear property line there is a 30-foot public utility easement that
the property line follows. It was platted that way to keep the easement off the property. There is an 18-
• inch sewer main that runs along the 30-foot easement.
ZBA Minutes August 3, 2004 Page 1 of 6
A rear setback of 20-feet is required for R-1 Single Family homes.
• The setback requested is a rear setback 19-feet to 14-feet 4-inches.
This case involves a lot that does not have the buildable area as the neighboring lots due to size and
shape of the lot. The rear setback line decreases the buildable area as the neighboring lots. Thus, the
applicant is requesting a rear setback variance of 5-feet 8-inches.
Ms. Reeves ended her report by saying that the applicant has met with and acquired 22 signatures from
surrounding owners that have stated that they are in support of the variance request.
Chairman Hill opened the public hearing.
Mike Lane, the applicant, stepped forward and was sworn in by Chairman Hill. Mr. Lane spoke in
favor the variance.
Mr. Richards stated that the special condition and hardship are not strong.
Mr. Lane responded that the utility easement creates the shortage of the lots buildable area. Mr. Lane
told the Board that he spent a lot of time visiting with the surrounding property owners. They all felt
that it would impact no one because of the distance across the back. Mr. Lane stated that he began his
process with Davis Young, the developer, to make sure he was comfortable or he would have never
pursued the case.
• Mr. Benn asked what the end result would be if the variance is not granted. Mr. Lane replied that the
home would be 5-foot 8-inches less in length on that side. In a garden home that is a narrow lot line
configuration. He ended by saying it makes it worth coming to talk to the Board.
Chairman Hill asked Mr. Lane when he bought the lot was he aware of the lot lines, building lines and
that the back line was not parallel to the front. Mr. Lane replied yes. He added that he purchased the
lot two years ago and at that time he inquired with the developer and the neighbors near by what their
feelings would be.
With no one else stepping forward to speak in favor or opposition, Chairman Hill closed the public
hearing.
Mr. Goss made the motion to authorize a variance to the minimum setback from the terms of this
ordinance as it will not be contrary to the public interest, due to the following special conditions:
configuration of the lot, the existence of a utility easement behind the lot that forms the boundary of the
lot in an unnatural manner, the existence of an iron fence that creates an illusion of the lot line, and the
general nature of construction of garden homes in Pebble Creek, as well as the fact that the lot backs up
to the golf course and is not visible and will not have an impact from the back; and because a strict
enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant
being: the house would not line up to the neighboring houses and would be required to be smaller than
it would have been but for the utility easement; and such that the spirit of the ordinance shall be
• observed and substantial justice done. Mr. Benn seconded the motion.
ZBA Minutes August 3, 2004 Page Z of 6
Chairman Hill stated that Mr. Richards voiced many of the same concerns he was having. The rules
and procedures of the Board state that in order to grant a variance the Board must determine the
existence of special conditions. In the case he is not seeing anything special to this lot. The lot and the
• building area are shorter than the adjacent lots but that is the way the lot was platted. The owner was
aware of the lot size and building area when he purchased the lot. However, on a personal basis he
does not have any particular problem with this variance. As a member of the Board, and the rules and
procedures, he does not see a special condition to this lot.
Mr. Goss stated that he agreed what the Board is here for but he thinks government has to be flexible in
some instances. This is an instance where there is clearly a difference in the neighboring lots. There is
an ability to enhance the neighborhood by building a larger home as opposed to a smaller home. This
is going to be a positive impact on the people around it. Mr. Goss stated that the alternative is to have
the lot replatted. This would be easy to do since the city and developer are in favor of it but it would be
expensive. He ended by saying that he can not see requiring a builder to do something where no body
is objecting to it.
Mr. Richards stated that he agreed that government needed to be flexible but he also knows that
builders need to be flexible too. The only benefit he can see for the builder in building a larger home is
financial. That is something the Board cannot consider.
Mr. Wells stated that the variance is to the buildable area. In granting the variance the variance runs
with the land. Mr. Wells added that he is looking at it from the standpoint of hardship and he has
concluded that there is no hardship. On the other hand you have the "no harm" aspect.
Ms. Reeves pointed out to the Board that on the application as an example for special condition it lists;
• a smaller buildable area than is seen on surrounding lots. She ended by saying that is what the
applicant is also stating.
Mr. Goss stated that if the Board went by the strict letter of the law there are no variances that they
could grant.
Chairman Hill stated that he sees no downside to granting the variance or any harm in granting the
variance. But in his opinion this particular variance request does not meet the requirements that must
be satisfied in order for the Board to grant the variance.
Chairman Hill called for the vote. The Board voted (1-4) Board Members, Hill, Benn, Richards c~
Wells voting against granting the variance.
AGENDA ITEM NO. S: Public hearing, consideration, discussion and possible action to
approve a variance for 1604 Rock Prairie Road, lot 1R, block 3, Belmont Place Subdivision.
Applicant is David Watkins, PWCRA Architects for College Station Medical Center. (04-156).
Staff Planner Molly Hitchcock presented the staff report and told the Board that the applicant is
requesting on additional freestanding sign.
ZBA Minutes August 3, 2004 Page 3 of 6
•
The College Station Medical Center facility began development in 1983. The Zoning Ordinance in
effect at the time reflected the sign regulations of today -that each commercial building plot is allowed
one freestanding sign or any number of low profile signs as long as they are a minimum of 150 feet
• apart along the frontage.
In 1986, the ZBA granted the hospital's land a sign variance to allow three freestanding signs. There is
one freestanding sign located at each entrance from Rock Prairie Road. The applicant is requesting an
additional freestanding sign for a new entrance off of Birmingham Road.
The special condition stated in the motion for a variance in the previous ZBA hearing was that "a
Conditional Use Permit was granted to construct the hospital facility in this area requiring directional
signs for access to the property".
The applicant has stated that a need exists to identify the hospital entrance along Birmingham for
patients seeking medical attention.
The only alternative to a freestanding sign on Birmingham is a directional traffic control sign. The
ordinance allows one per driveway and they are limited to three square feet in area (50% or less being
copy or logo), four feet in height, and setback four feet from the right-of--way.
Mr. Goss stated that they have to identify special conditions and hardships. They are asking for an
additional sign to identify the emergency room, hospital and offices. Mr. Goss asked if they could do
that with a smaller sign without approval by ZBA. Ms. Hitchcock replied no. All they would be
allowed is the directional sign which is 3 square feet in area. It would be limited to the amount of
• wording it has on it.
Mr. Wells asked about the placement of the signage. Ms. Hitchcock replied that the placement of the
signage is going to be based on the roadway and not the front or back of the building. If the building
had no driveways onto Rock Prairie and the building did not face Rock Prairie that might be a different
situation. Rock Prairie carries more cars so that is where the freestanding sign is placed for the most
visibility.
Chairman Hill opened the public hearing.
Frank Hartman, Director of Facilities for College Station Medical Center, stepped before the Board and
was sworn in by Chairman Hill. Mr. Hartman spoke in favor of the variance. Mr. Hartman told the
Board that the future Longmire Drive which is located one block east of the CSMC is due to be a major
north south corridor thoroughfare for the city. It is the belief when this happens they will have more
patients and visitors that will access the facility off of Birmingham Drive. The additional sign would
make the medical campus easily identifiable. Mr. Hartman also stated that they where told from city
officials that a median will be placed on Rock Prairie Road. The median will cut off one of the main
entrances to the medical facilities as you are traveling west from Highway 6 down Rock Prairie Road.
This will reduced the medical facility to two entrances off of Rock Prairie Road. Mr. Hartman ended
by saying that they feel people will have easier access coming off of Birmingham Drive.
• ZBA Minutes August 3, 2004 Page 4 of 6
Chairman Hill asked if they are planning on closing the entrance that will not be available to west
bound traffic. Mr. Hartman replied that after meeting with the city traffic engineers they indicated the
best plan would be for them to have curb cuts for the west bound traffic at the emergency room, the
• medical office building, but not at the main entrance.
Mr. Hartman explained that the expansion is currently underway. The access way off of Birmingham
will provide for: the emergency room, same day surgery and intensive care traffic. They feel as the
citizens get used to the medical campus layout they will have a lot of traffic that will utilize that
entrance strictly because it will be easier than Rock Prairie Road.
Chairman Hill asked if it would be realistic to remove the sign on Rock Prairie and place it on
Birmingham Drive. Mr. Hartman replied they had considered that. One of the signs out front is for the
medical offices. The other two are for the hospital and emergency room traffic. They still think they
need the sign on Rock Prairie for identity. Chairman Hill asked about incorporating the signs. Mr.
Hartman replied that they are bound by Texas Department of Health to sign the emergency room
separately so there is no confusion. Mr. Goss asked about incorporating the medical offices sign and
the hospital sign. Mr. Hartman replied that there are laws that say they have to separate physicians and
hospital practices.
Mr. Benn asked is there a difference in just having a directional sign off of Birmingham saying
"hospital" or "emergency room". Mr. Hartman replied that obviously they would want to have their
name on it. They want the citizens to know that they are at CSMC. He added that having a sign
similar to what you would find out on Highway 6 saying "hospital" is not what they are trying to
achieve here. Mr. Hartman added that the signs out front will be removed and replace with signs that
. are lower in height.
Troy Ransdale, with PWCRA Architects, stepped before the Board and was sworn m by Chairman
Hill. Mr. Ransdale spoke in favor of the variance. Mr. Ransdale talked about the picture graphics
included in the Boards packets.
With no one else stepping forward, Chairman Hill closed the public hearing.
Mr. Richards made the motion to authorize a variance to the sign regulations from the terms of this
ordinance as it will not be contrary to the public interest due to the following unique special conditions
not generally found within the City: a conditional use permit was previously granted to construct this
hospital facility in the area requiring directional signs for access to the property; and because a strict
enforcement of the provisions of the ordinance would result in substantial hardship to this applicant
being: a standing need exists to identify the hospital entrance along Birmingham for patients seeking
medical attention; and such that the spirit of this ordinance shall be preserved and general interests of
the public and applicant served. Mr. Well seconded the motion.
The topics of finding a limitation, special conditions and hardships received considerable discussion.
Mr. Wells made a motion to amend the motion to add under limitations that the sign would be
approximately 9 feet by 7feet tall as shown on the existing drawing. Richards seconded the motion.
•
ZBA Minutes August 3, 2004 Page S of 6
Chairman Hill stated that using the word approximate in the motion is not good. He suggested being
more specific.
Mr. Wells made a motion to withdraw his motion to amend.
Mr. Wells made the motion to amend the motion to add under limitations that the sign size shall be
equal to what has been submitted in the Board's packet. Mr. Richards seconded the motion. The
board voted (4-1). Mr. Goss voting against the amendment. The amendment was approved.
Chairman Hill stated when he first got his meeting packet; he thought the hospital needed more signage
because he believed it is very critical that they have good signage. In this case, this piece of property
already has three freestanding signs and they should be able to achieve what they need. He went on to
say that as far as identifying the emergency room there are allowances for proper identification. He
added that he does not feel that the property has special conditions that require that they give them a
forth freestanding sign. He ended by saying that hospitals should have been dealt with differently in
the UDO.
Chairman Hill called for the vote for authorization of the sign variance. The Board voted (3-2).
Chairman Hill & Mr. Benn voting against granting the variance. The motion was denied.
AGENDA ITEM NO. 6: Discussion of Administrative Adjustments approved by City Staff.
No adjustments to report
AGENDA ITEM NO. 7: Consideration and possible action on future agenda items - A
Zoning Member may inquire about a subject for which notice has not been given. A statement of
specific factual information or the recitation of existing policy may be given. Any deliberation
shall be limited to a proposal to place the subject on an agenda for a subsequent meeting.
No items were discussed.
AGENDA ITEM NO. 8:
The meeting was adjourned.
Adjourn.
`ATTEST:
h
Deborah Grace, SI'aff Assistant ~~`"
APR VED: t
_, - ~ ~~ \
~`~ Leslie Hill, Chairman ~~,~
~~.
ZBA Minutes August 3, 2004 Page 6 of 6
ZGNING B OARD (~F ADJUSTMENT
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ZONING BOARD OF ADJUS'T`MENT
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 R)
lot depth (Table R)
/ minimum setback
parking requirements (Section 9)
from the terms of this ordinance as it will not be contrary to the public ' terest, due to
the following special conditions: f~c. ~//S~{w~ ~ ~( ~ ~t ~i~1~w ~Q~ ~,..-
and b ~ ause a stric~ nforce nt ofd the pr/ov~isions of the ordinance would tesult
unnecessary hardship to this applicant being:
~'~`~
and such that the spirit of this ordinance
done subject to tine following limitations:
be observed and substantial justice
~1 ~ ST ~S
Moaon made by Date ~~~a
Seconded by ~OS~ !J~'yw~ Voting Results ~~
Chair Signature
VN2P! 638.DOC
ZONING BOARD OF ADJUSTMENTP ,
FORMAT FOR POSITIVE MOTION
Variance to Sign Regulations: From Section 12, Ordinance Number 1638.
I move to authorize a variance to the sign regulations from the teens of this ordinance
as it will not be contrary . to the public interest due to the following unique special
conditions not generally found within the City: JJ`
~~ %~ 0 /~~J 7lGOl/e~~ L1 S~J ~~,~r, ~ i,(',,45 ,~~/>U~t S~~ ~ ~~'~>/~ _~0 CO~rJ ~"~Ltc`~
and such that the spirit and intent of this ordinance shall be preserved and the general
• '
interests of the public and applicant served, subject to the following limitations:
_.i ,
Motion made by ~ h %~ C /~ ~0 5
Motion Seconded by L~I~/~ ~ vi~ell S
Voting Results
Chair Signature d«~ r
Date ~ ~ ,1 ~¢
SRP1638.DOC
and because a strict enforcement of the provisions of the ordinance would result in
substantial hardship to this applicant being: