HomeMy WebLinkAbout09/07/2010 - Regular Minutes - Zoning Board of AdjustmentsZONING BOARD OFADfUSTMENT
GUEST REGISTER
MEETING DATE
September 7, 2010
NAME ADDRESS
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CITY OF COLLEGE STATION
Planning d Development Services
ZONING BOARD OF ADJUSTMENT
FORMAT FOR POSITIVE MOTION
VARIANCE TO SIGN REGULATIONS: - FROM SECTION 7.4 OF THE UNIFIED
DEVELOPMENT ORDINANCE
I move to approve a variance to the sign regulations from the terms of the ordinance, as it
will not be contrary to the public interest, due to unique special conditions not nerally
found within the City: / / "Z er and because a strict enforcement of the provisions of the Ordinance would result in
substantial hardship to this applicant being:
and such that the spirit and intent of this Ordinance shall be preserved and the general
interests of the public an ap licant erved subject to the following limitations:
r
ys'
Motion mad(
Seconded by
Voting R ye A
ignatur° Date -
CITY OF COLLEGE STATION
Planning & Development Services
ZONING BOARD OF ADJUSTMENT
FORMAT FOR POSITIVE MOTION
VARIANCE FROM SECTION j, of the Unified Development O dinance.
I move to authorize a variance to the GG~ S
Yard (Article
Lot Width (Article 5)
Lot Depth (Article 5)
Height (Article 5)
Minimum Setback (Article 5)
Residential & Non-Residential
Dimensional Standards (Article 5, Sections
5.2 & 5.4)
Parking Requirements (Article 7)
Design District Dimensional
Standards (FAR) Floor to Area Ratio
(Article 5.7)
from the terms of the Ordinance as it will not be contrary to the public interest, due to the
following special conditio s: L
and because a strict enforcement of the provisions of the Ordinance would result in
unnecessary hardshi to this applicant being:_
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and such that the spirit of this Ordinance shall be observed and substantial justice
done subject to the following limitations:
Motion made
Seconded by
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Date" 1 / --f'/
Honit of 7exats, c4f U'n aejrsfyo
MINUTES
Zoning Board of Adjustment
September 7, 2010
CITY OF COLLEGE STATION, TEXAS
CITY HALL - COUNCIL CHAMBERS
1101 Texas Avenue
6:00 P.M.
MEMBERS PRESENT: Chairman Rodney Hill, Josh Benn, Dick Dabney and Melissa Cunningham.
MEMBERS ABSENT: Hunter Goodwin.
STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planners Matthew Hilgemier
and Lauren Hovde, Assistant Director Lance Simms, First Assistant City
Attorney Mary Ann Powell, Action Center Representative Kerry Mullins.
AGENDA ITEM NO. 1: Call to order - Explanation of functions of the Board.
Chairman Hill called the meeting to order at 6:00 PM.
AGENDA ITEM NO. 2: Consideration, discussion and possible action of Absence Requests
from meetings.
There were no requests to consider.
AGENDA ITEM NO. 3: Discussion of requested Administrative Adjustments.
• 919 William D. Fitch Parkway - 10% reduction (2 spaces) to the required number of
queuing spaces. Approved - Case # 10-00500172 (LH)
• 1613 University Drive East - 1.3% reduction (1 space) to the required number of
parking spaces. Approved - Case # 10-00500155 (LH)
There were no questions from the Board.
AGENDA ITEM NO. 4: Consideration, discussion and possible action to approve meeting
minutes.
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• July 6, 2010 meeting minutes.
Mr. Benn motioned to approve the July 6, 2010 meeting minutes. Ms. Cunningham seconded the
motion, which passed (3-0-1). Mr. Dabney abstained from voting.
AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion on a
variance request to the Unified Development Ordinance, Section 7.4.1.2 Attached Signs,
regarding the amount of attached signage allowed for the property located at 1401 Earl Rudder
Freeway South, Lot 1 Block 1 of the Gateway Park Subdivision. Case # 10-00500148 (MKH)
Staff Planner Matthew Hilgemeier presented the staff report and stated that the applicant (Cinemark
Theater) is currently in the process of upgrading some of its technology to improve the quality of movies
they provide to their customers. As part of the upgrade, the theater would like to increase the amount of
attached signage to make the public aware of the theater's new features. Per the current sign
regulations, Cinemark is permitted a maximum of 600 square feet of attached signage. The existing
signage attached to the building was installed prior to the adoption of the City's current sign regulations
and exceeds the maximum allowed area by 165 feet. Cinemark is proposing to add an additional 380
square feet of attached signage to their building facade for a total of 1,145 square feet of attached
signage. Therefore, the applicant is requesting a variance to increase the amount of allowed attached
signage by 545 square feet.
Chairman Hill opened the public hearing for those wanting to speak concerning the variance request.
Speaking in favor of the variance requests were:
Deborah Moltz, 206 Doral, Portland, Texas, stepped before the Board and was sworn in by Chairman
Hill. Ms. Moltz stated that there is a special condition for the lot due to the building setting back 700
feet from the frontage road. She added that the area of the building that that is being considered for the
attached signage sets back over 740 feet.
Board Member Dabney asked what could be changed so they could have the additional sign and still be
within the City sign standards. Ms. Moltz replied that they could place a mural where the marquee sign
is and it would eliminate the marquee square footage. Mr. Hilgemeier replied that was correct and
added that they would still need a variance of 184 square feet for the proposed sign. Mr. Hilgemeier
ended by saying that the applicant also has the option of placing a 225 square foot freestanding sign
closer to the frontage road.
Chairman Hill closed the public hearing.
Mr. Benn motioned to approve the sign variance with the special conditions of the size of the
building and distance from the frontage road, the hardship to the applicant the being inability to
effectively advertise and the limitation of 184 square feet. Ms. Cunningham seconded the motion,
which failed (2-2). Chairman Hill and Mr. Dabney voting in opposition.
AGENDA ITEM NO. 6: Public hearing, presentation, possible action, and discussion on a
variance request to the Unified Development Ordinance to Section 7.1.D.l.e Contextual Front
Setback, regarding the reduction of the contextual front setback requirement for 1121 Ashburn
Avenue, Lot 26R, Block 1 of the Baker Subdivision. Case # 10-00500170
Staff Planner Matthew Hilgemeier presented the staff report and told the Board that the applicant is
requesting the contextual front setback variance in order to build a single-family residence. Since the
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subdivision was established prior to 1970, the College Station's Unified Development Ordinance
requires that any new, single-family dwelling unit constructed in the subdivision must use the adjacent
lots to determine the appropriate front yard-setback. New dwelling units are not allowed to be closer to
the street, nor farther back from the street, than the nearest neighboring unit. The contextual front
setback for the subject property is based on the location of the structure located at 1119 Ashburn
Avenue, which is setback 50 feet from the front property line. Due to the subject property's triangular
shape, the remaining space available for a single-family structure does not allow for the construction of a
reasonably-sized structure when a 50-foot setback is applied to the property. The applicant would like
the typical R-1 single-family front setback of 25 feet; therefore, a variance to allow for a 25-foot
reduction to the 50-foot front contextual setback is being requested.
Chairman Hill opened the public hearing for those wanting to speak concerning the variance request.
James Baker, 1119 Ashburn Avenue, College Station, Texas, spoke in favor of the request. Mr. Baker
stated that in 1999 the three lots were replatted in order to adjust the size of the lots, location of the lot
lines, and to dedicate a portion of the property to the City of College Station for use as a public park.
Mr. Baker added that he wants to preserve the neighborhood.
Kathleen O'Reilly, 1118 Ashburn, College Station, Texas, spoke in opposition of the request. Ms.
O'Reilly told the Board that just a week ago the College Station Planning and Zoning Commission
recommended approval of the College Hills Woodlands request for a Neighborhood Overlay to preserve
the historic uniqueness of the Subdivision. The variance request before the Board goes against those
efforts. She ended by urging the Board to grant the applicant a 35-foot (15-foot variance) setback.
Kevin Crisman, 1203 Ashburn, College Station, Texas, spoke in opposition to the request. Mr. Crisman
reiterated Ms. O'Reilly's sentiments. Other topics Mr. Crisman touched on were parking, traffic and
infill construction in the area.
Brooke Woodruff, 1118 Ashburn, College Station, Texas, spoke in opposition of the request. Ms.
Woodruff stated that one of the pleasurable things about the houses on Ashburn is that the houses are set
back from the street. She ended by saying that she is also concerned about the parking in the
neighborhood.
Virginia West, 1203 Ashburn, College Station, Texas spoke in opposition of the request. Ms. West
stated that the lot in question, 1121 Ashburn, has a very pronounced curve which creates a safety
concern when vehicles are parked on the street.
All speaking before the Board were sworn in by Chairman Hill.
Chairman Hill closed the public hearing.
Ms. Cunningham motioned to approve the variance of a 25 foot reduction due to the special
conditions of the lot's triangular shape, and the buildable area being greatly reduced and the
hardship of an unusable lot. Mr. Dabney seconded the motion.
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Mr. Benn amended the motion to add the limitation of a 15-foot front setback variance. Mr.
Dabney seconded the motion. The amended motion passed unopposed (4-0).
Mr. Benn motioned to approve the original motion as amended. Mr. Dabney seconded the
motion which passed unopposed (4-0).
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.
There were no items addressed.
AGENDA ITEM NO. 8: Adjourn.
The meeting was adjourned at 7:00 PM.
ATTEST:
Deborah G e-Rosier, Staff Assistant
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