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HomeMy WebLinkAbout12/05/2006 - Regular Agenda Packet - Zoning Board of AdjustmentsAgenda Workshop Meeting Zoning Board of Adjustment ( *41. Administrative Conference Room 1T, F COI F, F SUNTION 1101 Texas Avenue PLinning & Delrlopmerar. ,zees Tuesday, December 05, 2006 5:30 PM 1. Call to order Discussion of Regular Agenda items. Consideration and possible action on future agenda items — A Zoning Board 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. 4. Adjourn. Consultation with Attorney fGov't Code Section 551.071: possible action The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney- client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney - client privileged information issues arise as to the posted subject matter of this Zoning Board of Adjustments meeting, an executive session will be held. Notice is hereby given that a Workshop Meeting of the Zoning Board of Adjustment of College Station, Texas will be held on Tuesday, December 05, 2006 at 5:30 PM at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda Posted this the day of , 2006 at p.m. CITY OF COLLEGE STATION, TEXAS By Connie Hooks, City Secretary I, the undersigned, do hereby certify that the above Notice of Meeting of the Zoning Board of Adjustment of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City's website, www.cstx.2ov The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on p.m. and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station Cite Hall on the following date and time: by Dated this day of , 2006. CITY OF COLLEGE STATION, TEXAS By Subscribed and sworn to before me on this the day of ' 2006. Notary Public- Brazos County, Texas My commission expires: This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 979.764.3517 or (TDD) 800.735.2989. Agendas may be viewed on www.cstx.gov Agenda Regular Meeting Zoning Board of Adjustment City Council Chambers ,+► 1101 Texas Avenue .,IT'Y OF COLLEGE STATION Tuesday, December 05, 2006 Pla nnin Development.5erericrs 6:00 P.M. 1. Call to order — Explanation of functions of the Board 2. Consideration, discussion and possible action of absence requests. Consideration, discussion and possible action to approve meeting minutes. t September 5, 2006 Workshop Meeting Minutes t September 5, 2006 Regular Meeting Minutes t October 3, 2006 Workshop Meeting Minutes t October 3, 2006 Regular Meeting Minutes 4. Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance, Section 7.2, Off - street Parking Standards for the Doux Cherie Apartments located at 2101 Harvey Mitchell Parkway QS 06- 00500234). 5. Adjourn. Consultation with Attornev f Gov't Code Section 551.071: Dossible action The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney- client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney- client privileged information issues arise as to the posted subject matter of this Zoning Board of Adjustments meeting, an executive session will be held. Notice is hereby given that a Regular Meeting of the Zoning Board of Adjustment of College Station, Texas will be held on Tuesday, December 05, 2006 at 6:00 p.m. at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda Posted this the day of , 2006 at p.m. CITY OF COLLEGE STATION, TEXAS By Connie Hooks, City Secretary I, the undersigned, do hereby certify that the above Notice of Meeting of the Zoning Board of Adjustment of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City's website, www.cstx.gov The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on p.m. and remained so posted continuously for at least 72 hours preceding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: by Dated this day of 2006. CITY OF COLLEGE STATION, TEXAS By Subscribed and sworn to before me on this the day of ' 2006. Notary Public- Brazos County, Texas My commission expires: This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 979.764.3517 or (TDD) 800.735.2989. Agendas may be viewed on www.cstx.gov WORKSHOP MINUTES Zoning Board of Adjustment September 5, 2006 CITY OF COLLEGE STATION, TEXAS 5 :30 P.M. MEMBERS PRESENT: Chairman Jay Goss, John Richards, Donald Braune, and Alternate Thomas Mather. MEMBERS ABSENT: Josh Benn and Denise Whisenant STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Lindsay Boyer, Jennifer Reeves, Crissy Hard and Jason Schubert, Planning Administrator Molly Hitchcock, Assistant City Attorney Angela Deluca. AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Goss called the meeting to order at 5:35. AGENDA ITEM NO. 2: Discussion of regular agenda items. Staff Planners, Boyer, Reeves and Hard gave a brief dialogue of their cases and answered questions from the Board. AGENDA ITEM NO. 3 : 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 discussed. AGENDA ITEM NO.6: Adjourn. The meeting was adjourned at 5:50. APPROVED: Jay Goss, Chairman ATTEST: Deborah Grace, Staff Assistant MINUTES Zoning Board of Adjustment September 5, 2006 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Jay Goss, John Richards, Donald Braune, and Alternate Thomas Mather. MEMBERS ABSENT: Josh Benn and Denise Whisenant. STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Lindsay Boyer, Jennifer Reeves, Crissy Hartl, Jason Schubert and Grant Wencel, Planning Administrator Molly Hitchcock, Assistant City Attorney Angela Deluca. AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Goss called the meeting to order at 6:00. AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. Two request were submitted after packets were distributed. Denise Whisenant — Josh Benn Mr Richards motioned to approve both absence requests. Mr. Braune seconded the motion, which passed unopposed (4 -0). AGENDA ITEM NO. 3.: Consideration, discussion and possible action to approve meeting minutes. August 1, 2006 Workshop and Regular Meeting Minutes Mr. Braune motioned to approve the Workshop Meeting Minutes. Mr. Richards seconded the motion, which passed unopposed (4 -0). Mr. Braune motioned to approve the Regular Meeting Minutes. Mr. Richards seconded the motion, which passed (3 -0 -1). Mr. Mather was not present at Regular Meeting and therefore, did not want to vote. AGENDA ITEM NO. 4: Public hearing, presentation, possible action, and discussion on a variance to the Unified Development Ordinance, Section 5.2 Residential Dimensional Standards, for 1202 Arizona Street (06 -149). Staff Planner Crissy Hard presented the staff report and stated that the applicant is requesting the variance to legitimize a building setback error made during construction. Chairman Goss opened the public hearing for anyone wanting to speak in favor or opposition to the request. With no one stepping forward, Chairman Goss closed the public hearing. Mr. Richards motioned to approve 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 conditons: configuration of the lot is slanted in such a way that there is extreme difficulty in building a house in this area; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: that the lot ownerships have shifted over the years from original platted lots; and such that the spirit of the Ordinance shall be observed and substantial justice done. Mr. Braune seconded the motion, which passed unopposed (4 -0). AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion on a variance to the parking number requirements for the property located at 1511 University East, Wings N More Restaurant. (06 -168). Staff Planner Jennifer Reeves presented the staff report and stated that the applicant is requesting the variance to expand the outdoor patio by 650 square feet for additional seating area and to add an outdoor bar. Chairman Goss opened the public hearing and sworn in the following persons speaking in favor of the variance: Veronica Morgan, Mitchell and Morgan, 511 University Drive Mark Dennard, 1511 University Drive Natalie Ruiz, IPS Group, 511 University Drive Chairman Goss closed the public hearing. Mr. Richards motioned not to authorize a variance to the parking requirements form the terms of this Ordinance as it will be contrary to the public interest, due to the lack of any special conditions, and because a strict enforcement of the provisions of the Ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of the ordinance shall be observed and substantial justice done. Mr. Mather seconded the motion, which failed (3 -1). Chairman Goss voting in favor of granting the variance. AGENDA ITEM NO. 6 : Public hearing, presentation, possible action and discussion on a variance to the Unified Development Ordinance, Section 7.2, Off - Street Parking Standards, and Section 7.1.H, General Provisions, Height for 708 Eisenhower Street. (06 -169). Staff Planner Lindsay Boyer told the Board that the applicant is wishing to postpone hearing the parking variance while they continue to work with the 707 Shopping Center Management on a shared parking agreement. Ms. Boyer presented her staff report for the height variance and stated that the applicant is requesting a building height variance of 7.25 -feet to locate a building at the 7.5 -foot side building setback line with an 11 -foot building height. Chairman Goss opened the public hearing and sworn in the following persons speaking in favor of the variance: Veronica Morgan, Mitchell and Morgan, 511 University Drive Wang Chang Wong, Church Member Clint Schroff, 1776 Las Pasada Chairman Goss closed the public hearing. Mr. Richards made the motion to authorize a variance to the height from the terms of this Ordinance as it will not be contrary to the public interest, due to the following special conditions: there is already an 11 -foot roof existing and it would be grandfathered; the 24 -foot tree would have to be removed; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: that the existing tree needs to be saved and the person it most impacts has approved; and such that the of this Ordinance shall be observed and substantial justice done. Mr. Braune seconded the motion, which passed unopposed (4 -0). AGENDA ITEM NO. 7: Adjourn. The meeting was adjourned at 7:45. APPROVED: Jay Goss, Chairman ATTEST: Deborah Grace, Staff Assistant WORKSHOP MINUTES Zoning Board of Adjustment October 3, 2006 CITY OF COLLEGE STATION, TEXAS 5 :30 P.M. MEMBERS PRESENT: Chairman Jay Goss, John Richards, Donald Braune, Josh Bent, Denise Whisenant and Alternate Thomas Mather. MEMBERS ABSENT: STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Lindsay Boyer, Jennifer Reeves, Crissy Hard, Jason Schubert and Grant Wencel, Planning Administrator Molly Hitchcock, First Assistant City Attorney Carla Robinson, Senior Assistant City Engineer Alan Gibbs and Graduate Civil Engineer Josh Norton. THERE IS NO RECORDING OF THIS MEETING DUE TO THE POWER OUTAGES THAT TOOK PLACE IN THIS AREA AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Goss called the meeting to order at 5:32. AGENDA ITEM NO. 2: Discussion of regular agenda items. City Staff Members, Hard, Wencel and Gibbs gave a brief dialogue of their cases and answered questions from the Board. AGENDA ITEM NO. 3 : 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 discussed. AGENDA ITEM NO.6: Adjourn. The meeting was adjourned at 5:55. APPROVED: Jay Goss, Chairman ATTEST: Deborah Grace, Staff Assistant MINUTES Zoning Board of Adjustment October 3, 2006 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Jay Goss, John Richards, Donald Braune, Josh Benn, Denise Whisenant and Alternate Thomas Mather. MEMBERS ABSENT: Alternate Thomas Mather STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Lindsay Boyer, Jennifer Reeves, Crissy Hartl, Jason Schubert and Grant Wencel, Planning Administrator Molly Hitchcock, First Assistant City Attorney Carla Robinson, Senior Assistant City Engineer Alan Gibbs and Graduate Civil Engineer Josh Norton. THERE IS NO RECORDING OF THIS MEETING DUE TO THE POWER OUTAGES THAT TOOK PLACE IN THIS AREA. AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Goss called the meeting to order at 6:05. AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. There was no absent request to consider. AGENDA ITEM NO. 3.: Consideration, discussion and possible action to approve meeting minutes. August 1, 2006 Workshop and Regular Meeting Minutes Mr. Richards motioned to approve the Workshop Meeting Minutes. Ms. Whisenant seconded the motion, which passed unopposed (5 -0). Mr. Braune motioned to approve the Regular Meeting Minutes. Ms. Whisenant seconded the motion, which passed (5 -0). AGENDA ITEM NO. 4: Public Hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance, Section 7.2; Off - Street Parking Standards for the College Station Chinese Church located at 708 Eisenhower. (06 -169) This item was pulled by the applicant. AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion on a variance request to Section 5.8, Overlays, and Section 7.4 Signs, of the Unified Development Ordinance for the property located at 1200 University Drive, and more generally located on the southwest corner of University Drive and Lincoln Avenue. (06 -193) Staff Planner Grant Wencel presented the staff report and stated that the applicant is requesting the variance to increase the visibility of the freestanding commercial sign with increased height, reduced setback, and the addition of a second freestanding sign because of existing site characteristics. Chairman Goss opened the public hearing and swore in the following persons speaking in favor of the variance: Kelly Templin, IPS Group Jack DeGangne, Orlando Florida, Site Development Manager Chairman Goss closed the public hearing. Mr. Richards motioned not to authorize a variance to the sign regulations from the terms of this ordinance, as it will be contrary to the public interest, due to the lack of unique special conditions not generally found within the City. Mr. Braune seconded the motion. There were discussions among the Board concerning the three variances the applicant was seeking. It was discussed that the free standing sign should be tabled and considered by itself if the applicant still wants to seek that particular variance without the others. Mr. Richards amended his motion not to include the freestanding sign. Mr. Berm seconded the motion, which passed unopposed (5 -0). Chairman Goss called for a vote on the motion to deny. The vote was (3 -2), Chairman Goss and Berm voting for approval. The variance was denied. Mr. Berm motioned to table the freestanding sign. Ms. Whisenant, seconded the motion, which passed unopposed (5 -0) AGENDA ITEM NO. 6 : Public hearing, presentation, possible action and discussion regarding a variance request for a Floodway encroachment from Section G (1) of the Flood Protection Ordinance prohibiting encroachment into designated floodways at 1701 Texas Avenue South. Graduate Civil Engineer Josh Norton presented the staff report and stated that the applicant is requesting the variance to enclose an open channel section of Wolf Pen Creek Tributary B with an extension of 455 feet of an 8 foot x 5 foot reinforced concrete box culvert. Chairman Goss opened the public hearing and swore in the following people speaking in favor of the variance: Joel Mitchell, Mitchell & Morgan, L.P. Veronica Morgan, Mitchell & Morgan L.P. Chairman Goss closed the public hearing Josh Berm motioned to approve a variance from the terms of this Ordinance because undue hardship on the owner will result from strict compliance with those requirements, to wit: the tributary is located such that the drive aisle cannot be moved unless it is placed in a box culvert similar to that which exists under an adjacent lot; and because special circumstances or conditions affect the land involved such that strict compliance with the provisions and requirements of this chapter will deprive the applicant of the reasonable use of his land, to wit: the property contains a small tributary of Wolf Pen Creek and this creek prohibits the connection from the driveway: The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, to wit: such variance is limited by the engineering report confirming to the requirements of the Drainage Policy and Design Standards. Mr. Richards seconded the motion, which passed unopposed (5 -0). AGENDA ITEM NO. 7: Public hearing, presentation, possible action, and discussion regarding a variance request for a Floodway encroachment from Section G (1) of the Flood Protection Ordinance prohibiting encroachment into designated floodways at 1725 Harvey Mitchell Parkway. (06 -199) Graduate Civil Engineer Josh Norton presented the staff report and stated that the applicant is requesting the variance to construct a private access drive with creek crossing consisting of a 60 foot bridge crossing. Chairman Goss opened the public hearing and swore in the following person speaking in favor of the variance: Michael Moore, 1503 Francis Chairman Goss closed the public hearing. Mr. Braune motioned to approve a variance from the terms of this Ordinance because undue hardship on the owner will result from strict compliance with those requirements, to wit: to allow access and safety; and because Special circumstances or conditions affect the land involved such that strict compliance with the provisions and requirements of this chapter will deprive the applicant of the reasonable use of his land, to wit: to allow a bridge crossing to provide for access and for fire safety and circulation needs of the property; The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, to wit: such variance is limited by the engineering report containing requirements of the Drainage Policy and Design Standards. Ms. Whisenant seconded the motion, which passed unopposed (5 -0) AGENDA ITEM NO. 7: Adjourn. The meeting was adjourned at 7:32. APPROVED: Jay Goss, Chairman ATTEST: Deborah Grace, Staff Assistant STAFF REPORT Project Manager: Jason Schubert Email: ischubert(c�cstx.gov Project Number: 06- 00500234 Report Date: November 22, 2006 Meeting Date: December 5, 2006 APPLICANT: Greg Taggart REQUEST: Parking Variance and Drive -aisle Width Variances LOCATION: 2101 Harvey Mitchell Pkwy S PURPOSE: To validate nonconforming off - street parking standards as per lender requirement. GENERAL INFORMATION Status of Applicant: Agent for owner Property Owner: Glenn A. Wyant, Managing Partner Applicable UDO Article 7, Section 2.1, Number of Off - Street Parking Ordinance Section: Spaces Required and Article 7, Section 2.C, Dimensions and Access PHYSICAL CHARACTERISTICS Zoning and Land Use t Subject Property: R -6, High Density Multi - Family, and C -1, General Commercial t North: R -1, Single - Family Residential t East: C -2, Commercial Industrial, and R -6, High Density Multi - Family t South: Across Texas Avenue: C -1, General Commercial and R -4, Multi - Family t West: Across Southwood Drive: C -1, General Commercial and R- 6, High Density Multi - Family Frontage: This property has frontage on Harvey Mitchell Parkway Frontage Road (1,020 feet), Southwood Drive (600 feet) and Valley View Drive (980 feet on both sides). Access: The subject property has access from the Harvey Mitchell Parkway Frontage Road, Valley View Drive, and Southwood Drive. Topography & Vegetation: The property slopes slightly to the north and has mature trees. Flood Plain: None VARIANCE INFORMATION Background: The subject property is currently developed as the Doux Chene Apartments, having begun construction in 1973. An approved site plan verifying that the site was built in compliance with the regulations of the time is not available. In June 1974, a 0.595 acre area of the complex was rezoned to C -1, General Commercial, though that area has been developed as apartment buildings. Since the complex was built, the City's parking and access requirements have been amended such that the site is nonconforming to current standards. The apartment complex has provided 623 parking spaces for off - street parking. To meet current parking requirements, 708 spaces would be required for a multi- family complex that contains 232 one - bedroom units, 112 two - bedroom units, and 8 three - bedroom units. As a result, the applicant is requesting a variance of 85 parking spaces to nullify this deficiency. The applicant is also seeking to reduce the required drive aisle widths for 5 non -fire lane drive aisles. The drive aisles are labeled on the provided as -built survey and are as follows: 1) A variance of 7 feet for Drive Aisle 1, reducing the width of a two -way aisle with 45 degree parking from 20 feet to 13 feet. 2) A variance of 8 feet for Drive Aisle 2, reducing the width of a two -way aisle with 90 degree parking from 23 feet to 15 feet. 3) A variance of 3 feet for Drive Aisle 3, reducing the width of a two -way aisle with 90 degree parking from 23 feet to 20 feet. 4) A variance of 3 feet for Drive Aisle 4, reducing the width of a two -way aisle with 90 degree parking from 23 feet to 20 feet. 5) A variance of 3 feet for Drive Aisle 5, reducing the width of a two -way aisle with 90 degree parking from 23 feet to 20 feet. The applicant is seeking the variances as a cure to satisfy a refinancing underwriter requirement that the site be brought into conformity. ANALYSIS Special Conditions: The applicant has identified the current parking layout as existing for about 30 years. Additionally, Valley View Drive bisects the complex and according to the applicant, provides approximately 60 to 65 on- street parking spaces. Hardships: The owner is seeking to fulfill their mortgage underwriter's requirement to have the site brought into conformity within six months or risk potential revocation of the loan. If revoked, the applicant states the hardship of inability to acquire another mortgage and could severely impact the marketability of the site. Alternatives: The applicant has identified two alternatives for the required number of parking spaces. The first is to demolish the number of units necessary to reduce the amount of required parking on the site to the amount currently provided. A second alternative would be to demolish the two tennis courts, basketball court, pool area and a few units to build the required number of parking spaces on the site. Although the applicant has not provided alternatives for the drive aisle widths, these could be brought into compliance if the parking areas were reconfigured or if the site was redeveloped. Recommendation: Staff recommends denial of the variances. The circumstances of this site are not unique, in that all apartment complexes built under previous ordinances may also be nonconforming. Perhaps on- street parking along Valley View Drive has helped alleviate the parking deficiency, though neighboring residents have responded that it also causes a safety hazard. In addition, since Valley View Drive is a public street, the City at some future time may reduce or eliminate on- street parking in this location. Furthermore, even if these variances are granted, the site will still be considered nonconforming in a similar fashion due to other items such as noncompliant parking islands, drive access, and landscaping. Finally, financial considerations may not be considered grounds for a variance. SPECIAL INFORMATION Ordinance Intent: The purpose of the off - street parking standards is to establish the guidelines for off - street parking spaces consistent with the proposed land use to: 1. Eliminate the occurrence of non - resident on- street parking in adjoining neighborhoods; 2. Avoid the traffic congestion and public safety hazards caused by a failure to provide such parking spaces; and 3. Expedite the movement of traffic on public thoroughfares in a safe manner, thus increasing the carrying capacity of the streets and reducing the amount of land required for streets, thereby lowering the cost to both the property owner and the City. Similar Requests: None identified. Number of Property Owners Notified: 28 Responses Received: At the time of the staff report, ten responses were received. Six were inquiries and another recommended approval of the variances on the basis that a denial may require additional parking spaces to be built, potentially causing more noise and traffic. The remaining three recommended denial on the basis that more off - street parking is needed to reduce the amount of on- street parking, thus increasing safety along Valley View Drive, particularly at the intersection with Angelina Circle. ATTACHMENTS 1. Small Area Map and Aerial Map 2. Application 3. As -built Survey (provided in packet) °I N z r may" i x: yr ? � 1 1, ` I n ^1 L.S UJ L_.. 3t M1 CL L f C ' .�.i j . ' 1 � i � �X � ;�� ���! �, i f ��_r�l '..} ��•. f� �.. \ .,�� �1 1"76,}5` C r7 g r. {1 ' . T �! •'� h 1 4 �ti \ r -_ , `� _. IL V �yJ yy� _ con nil II ! vx , , r•7 k. J 7 C IL k J cl � Yi :t� ` 4 ST' cv 1 i � � � ' ', _; ; �' - � i� 11 ...' +�� r { l 'Y � ' + l ''. CC '� 5 +�� � X41• (*h CITY OF COLLEGE STATION Planning & Development Services FOR OFFICE USE ONLY CASE NO.: Ob- �,3 DATE SUBMITTED: ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: Filing Fee of $150.00. ✓ Application completed in full. Additional materials may be required of the applicant such as site plans, elevation drawings, sign details and floor plans. The Zoning Official shall inform the applicant of any extra materials required. Date of Preapplication Conference: Phone Conference with Lance Simms 31 October 2006 APPLICANT /PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name Greaory K. Taaaart. RPLS Street Address 2551 Texas Avenue S., Ste. A City College Station State TX Zip Code 77840 E -Mail Address and cstx ahoo.com Phone Number (979) 693 -5359 Fax Number (979) 693 -4243 PROPERTY OWNER'S INFORMATION: Name Glenn A. Wyant, Managing Partner Street Address 2101 Harvey Mitchell Parkway City College Station State TX Zip Code 77840 E -Mail Address waycool(cD Phone Number (979) 218 -7085 Fax Number (979) 776 -8482 LOCATION OF PROPERTY: Address 2101 Harvey Mitchell Parkwav Lot 1, 17, 31 Block 12, 10, 11 Subdivision Southwood Section 26, Volume 310, Page 687 Description if there is no Lot, Block and Subdivision Doux Chene Apartments —11.19 Acres Action Requested: (Circle One) Setback Variance Appeal of Zoning Official's Interpretation Parking Variance Special Exception Sign Variance Other Current Zoning of Subject Property: R -6/C -1 Applicable Ordinance Section: 7.2 — Parking space requirements and aisle widths 6/13/03 Page 1 of 6 /__11 GENERAL VARIANCE REQUEST The following specific variation from the ordinance is requested: Requesting a variance to UDO section 7.2 (1) Reduce the number of spaces required from 712 spaces to the existing 623 spaces — an adlustment of 89 spaces (2) Allow for minimum aisle widths in non -fire lanes of 13' as already exist. _ This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving the particular property. The unique circumstances must be related to a physical characteristic of the property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will run with the land. Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees. Note: A cul -de -sac is a standard street layout in College Station. The shape of standard cul -de -sac lots are generally not special conditions. The current parking has existed for almost 30 years at this location: we are merely seeking approval of the existing condition. The parking is not in compliance with the UDO, and due to existing site geometry, it cannot be brought into compliance without extensive reconstruction, demolition or use changes. The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial hardship is /are: Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements of the law. The hardship must be a direct result of the special condition. Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when compared to neighboring properties. The site was constructed under old standards. The existing 623 spaces do not meet the requirements of the UDO, and the existing_ geometry of the site makes it impossible to comply. The bank which has underwritten the loan is requirinq a "cure" of the non - compliance; failure to do so may result in revocation of the loan. Such would create the hardship of inability to acquire another mortgage and severely impact the marketability of the site The following alternatives to the requested variance are possible: 1) Demolish buildings equivalent to 45 bedrooms (90 parking spaces) to bring site into compliance for count. 2) Demolish 2 tennis courts, the basketball court and pool area to build approximately 78 parking spaces, and remove 10 spaces worth of bedrooms to bring site into UDO compliance for parking count. This variance will not be contrary to the public interest by virtue of the following facts: The site has existed "as -is" for almost 30 years without having access or parking problems. There has been no injury to public interest for 30 years, and granting a variance to cover this unique circumstance will not injure the public in any way. Please see accompanying letter. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct and complete. Si ature nd Title //XvDate /13/03 Page 2 of 6 FROM :DOUR CHENE PPTS FAX NO. :9797642740 a 2531 Tax m Ave. South, Ste, A, College Station, TX 77840 31 October 2006 ^Oct. 31 2006 05:57PM P1 ,5359 Fax! 979.693,4243 Emull: mdScstx@yaaoo.com Lance Sin»ns, Dit+ACtor of l evelopment Services City of College Station 1101 Texas Avenue S. College Stadon, Tx 77540 I I Dear Mr. Simms: Please be advised that Greg; Taggart and Municipal Development Q-oup are Imby authorized to act on my behalf on the pr ins of the Zonins Board of Adjustmgnts Application with revrd the Doux Cheri ts; which consists of sighing any necessary docutnents with the Zoning Board of Adjus nm te, city hall or any organization needed to accomplish this task. I Sincerely, i I Tenn A. Wyant j Managing Partner, D00 Gene Apartments i 1 zd Wdla:s0 9002 7£ qoo £bZb- £6ST6�6: 'ON Xtld d"1080 1N34dTl9oao 'iiidI0INm: wo2u 2551 Texas Ave. South, Ste. A, College Station, TX 77840 `�QPw�C Office: 979.693.5359 Fax: 979.693.4243 Email: mdgcstx @yahoo.com 0 2 November 2006 Lance Simms, Director Planning and Development Services City of College Station 1101 Texas Avenue S. College Station, TX 77840 RE: Doux Chene ZBA Request Mr. Simms: As we discussed on 31 October, we have prepared a ZBA request for this property in an effort to deal with an unusual and complicated issue. The Doux Chene Apartments were constructed in 1973 under the provisions of long superseded zoning ordinance requirements. At the time it was constructed, the final layout, parking and circulation arrangement was approved by the city, as a certificate of occupancy was issued. There does not appear to be a copy of the approved site plan in existence, but I think it is safe to believe that applicable city codes and ordinances were followed. The project has operated successfully for more than 30 years with its existing parking spaces and aisle widths. During a recent financial transaction, the mortgage lenders zoning consultant noted that the number of parking spaces provided did not meet the requirements of the UDO. The site is grandfathered, of course, but the lender's underwriters and attorneys have stated that the site needs to be brought into conformity within six months. This can be done by acquiring a ZBA - granted variance, or by restriping the site to meet UDO. Unfortunately, there is not space in the available parking trays — either in length, or in many cases- width, to accomplish this. We are seeking to get the variance as an official "statement" that the existing parking is "legal ", in attempt to satisfy what we see as unreasonable demands. The site parking has been essentially unchanged for 33 years. During this time there is no indication that the number of parking spaces available for tenants and guests has been inadequate, or that the non -fire lane drive aisle widths have been inadequate for effective traffic circulation on -site. One unique item worth noting in this respect: Doux Chene is split by a public minor collector — Valley View Drive. This public street (41' B.B. nominal) has approximately 60 -65 parallel parking spaces available, as currently signed. These spaces cannot be included in the official "on- site" parking count, but they are used extensively by the residents and visitors of Doux Chene, since the complex lies on both sides of the street for its entire length. If these "practically, but not officially available" spaces are included in Doux Chene's parking count, the deficit from the UDO is only approximately 25 spaces. 0001053- c.06(3931) Ultimately, though, a variance is the only reasonable way out of this mess. The only other alternative would be to demolish the sport courts and pool area and convert them to parking, plus remove sufficient bedrooms from the rental stock to achieve compliance. This would not only be a real hardship on the owner, but tenants would be forced to use city facilities for tennis, swimming and basketball, thereby overburdening the park facilities of the city. What is being requested is merely and administrative "re- blessing" of something which has not ever been a problem, but which no longer complies, and we feel this is reasonable and will not injure the public interest in any way. I strongly urge you and your staff to support this reasonable request. Sincerely, MUNICIPAL DEVELOPMENT GROUP 1 ( . , 1 71 Gr ory K. aggart, RPLS anaging rincipal CC: Glenn A. Wyant 0001053- c.06(3931)