HomeMy WebLinkAbout02/05/2008 - Regular Agenda Packet - Zoning Board of Adjustments
AGENDA
ZBA
ONING OARD OF DJUSTMENT
Workshop Meeting
Tuesday, February 05, 2008 at 5:30 PM
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
1.Call to order
2.Discussion of Administrative Adjustments given by the Administrator.
1300 Harvey Mitchell Pkwy S - Parking. Case #07-00500308 (LB)
3.Discussion of Regular Agenda items.
4.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.
5.Adjourn.
Consultation with Attorney {Gov’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, February 05, 2008 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 , 2007 at p.m.
CITY OF COLLEGE STATION, TEXAS
By _____________________________
Connie Hooks, City Secretary
I, the undersigned, do hereby certify that the above Notice of Workshop 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____________, 2007.
CITY OF COLLEGE STATION, TEXAS
By_____________________________
Subscribed and sworn to before me on this the day of_______________, 2007.
______________________________
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
ZBA
ONING OARD OF DJUSTMENT
Regular Meeting
Tuesday, February 5, 2008 at 6:00 P.M.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
1.Call to order – Explanation of functions of the Board.
2.Consideration, discussion and possible action of Absence Requests from meetings.
3.Consideration, discussion and possible action to approve meeting Minutes.
December 3, 2007 Workshop Minutes
December 3, 2007 Regular Meeting Minutes
4.Public hearing, presentation, possible action, and discussion on a variance request to the
Unified Development Ordinance, Section 5.8.A.2.a regarding signs in the Corridor
Overlay District for the property located at 1100 University Drive East, Lot 1 Block 1
Wheeler Subdivision Phase 2. Case #07-00500148 (CH)
5.Adjourn.
Consultation with Attorney {Gov’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 Regular Meeting of the Zoning Board of Adjustment of
College Station, Texas will be held on Tuesday, February 05, 2008 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 , 2007 at p.m.
CITY OF COLLEGE STATION, TEXAS
By _____________________________
Connie Hooks, City Secretary
I, the undersigned, do hereby certify that the above Notice of Regular 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 proceeding 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____________, 2007.
CITY OF COLLEGE STATION, TEXAS
By_____________________________
Subscribed and sworn to before me on this the day of_______________, 2007.
______________________________
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.
W O R K S H O P M I N U T E S
Zoning Board of Adjustment
December 3, 2007
CITY OF COLLEGE STATION, TEXAS
5:30 P.M.
MEMBERS PRESENT:
Jay Goss, John Richards, Donald Braune, Josh Benn, and Alternate
Thomas Mather.
MEMBERS ABSENT:
Denise Whisenant (Not Needed).
STAFF PRESENT:
Staff Assistant Deborah Grace-Rosier, Staff Planner Jason Schubert ,
Senior Planner, Lindsay Boyer, Planning Administrator Molly
Hitchcock, Assistant City Attorney Mary Ann Powell, Planning and
Development Services Director Bob Cowell, City Engineer Alan Gibbs,
and Action Center Representative Kerry Mullins.
AGENDA ITEM NO. 1:Call to order – Explanation of functions of the Board
.
Chairman Jay Goss called the meeting to order at 5:30.
AGENDA ITME NO. 2: Discussion of Administrative Adjustments given by the
Administrator.
~ The Lofts, Lot 1, Block 1, Wolf Pen Creek Subdivision – Front Setback
Case # 07-00500251
Staff Planner Jason Schubert told the Board that normally they would see an address associated to an
Administrative Adjustment. This development is over three different pieces of property so the
.
Administrative Adjustment is only tied to one lot
~ 504 Gurnsey – Front Setback Case # 07-00500227
Staff Planner Lindsay Boyer told the Board that the applicant is replatting the property and asked for a
3-inch adjustment.
AGENDA ITEM NO. 3: Discussion of regular agenda items.
It was announced to the Board that the applicant’s for Agenda Items No. 7 and 9 had pulled their items
from the agenda prior to the meeting. They will reschedule at their convenience.
Staff continued discussions concerning the remaining items on the regular agenda.
AGENDA ITEM NO. 4: 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.4:Adjourn
.
The meeting was adjourned at 5:55.
APPROVED:
______________________
Jay Goss, Chairman
ATTEST:
__________________________
Deborah Grace-Rosier, Staff Assistant
M I N U T E S
Zoning Board of Adjustment
December 3, 2007
CITY OF COLLEGE STATION, TEXAS
6:00 P.M.
MEMBERS PRESENT:
Jay Goss, John Richards, Donald Braune, Josh Benn, & Alternate
Thomas Mather.
MEMBERS ABSENT:
Denise Whisenant (Not Needed).
STAFF PRESENT:
Staff Assistant Deborah Grace-Rosier, Staff Planner, Jason Schubert,
Senior Planner, Lindsay Boyer, Planning Administrator Molly Hitchcock,
Assistant City Attorney Mary Ann Powell, Director of Planning and
Development Services Bob Cowell, City Engineer Alan Gibbs and Action
Center Representative Kerry Mullins.
AGENDA ITEM NO. 1:Call to order – Explanation of functions of the Board
.
Chairman Goss called the meeting to order at 6:02 PM.
AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests.
~ Denise Whisenant – Absent Request for December 3, 2007 Workshop and Regular Meeting.
Mr. Richards motioned to approve the absence request. Mr. Braune seconded the motion, which
passed unopposed (5-0).
AGENDA ITEM NO. 3.: Consideration, discussion and possible action to approve meeting
minutes.
Mr. Goss stated that he would recuse himself from voting on the minutes since he was not present for
the meetings.
~ November 6, 2007 Workshop Meeting Minutes
~ November 6, 2007 Regular Meeting Minutes
Mr. Benn requested a correction to the regular minutes under Item No. 4 stating that he recused himself
.
from hearing that case before Chairman Goss opened the public hearing
Mr. Benn motioned to approve the workshop and regular meeting minutes. Mr. Richards
seconded the motion, which passed (4-0-1)
AGENDA ITEM NO. 4:Public hearing, presentation, possible action on an Appeal to the
Zoning Official’s Interpretation to the Unified Development Ordinance, Section 7.4 Signs for a
proposed sign for the property located at 1063 Texas Avenue, Lots 11 & 12. Block 3, College Hills
Subdivision. Case #07-00500288
Staff Planner Jason Schubert presented the staff report and stated that the applicant is requesting the
appeal to the interpretation to allow the proposed sign, a 3D chili pepper, to be installed on the basis of
a different interpretation of the sign regulations.
Chairman Goss opened the public hearing.
Robert Montgomery, 213 Crepe Myrtle Lane, Murphy Texas stepped before the Board speaking in
favor of the variance. Mr. Montgomery was sworn in by Chairman Goss.
Chairman Goss closed the public hearing.
Mr. Richards motioned to uphold the interpretation made by the Administrator
to interpret
Section 7.4 of the Unified Development Ordinance in the following manner: The interpretation meets
Mr. Benn seconded the motion,
the Ordinance by not protruding over one foot from the canopy.
which passed unopposed (5-0).
AGENDA ITEM NO. 5:Consideration and possible action to remove from the table a
variance to the Unified Development Ordinance, Section 7.4 Signs for the property located at
1063 Texas Avenue, Lots 11 & 12, Block3, College Hills Subdivision. Case #07-00500236
This item no longer needed to be considered.
AGENDA ITEM NO. 6:Presentation, possible action and discussion on a variance to the
Unified Development Ordinance, Section 7.4 Signs for the property located at 1063 Texas
Avenue, Lots 11 & 12, Block 3, College Hills Subdivision. Case #07-00500236
This item no longer needed to be considered.
AGENDA ITEM NO. 7Public hearing, presentation, possible action and discussion on a
:
variance to the Unified Development Ordinance, Section 5.8 A.2.A regarding signs in the
Corridor Overlay District for 1100 University Drive East, Lot 1, Block 1 Wheeler Subdivision
Phase 2. Case # 07-00500148
This item was pulled by the applicant prior to the start of the meeting.
AGENDA ITEM NO. 8 Public hearing, presentation, possible action, and discussion on a
:
variance request for a Floodway encroachment from Section G (1) of the Flood Protection
Ordinance prohibiting encroachment into designated floodways at 1601 Stallings Drive – Oaks
Park. Case # 07-00500243
City Engineer Alan Gibbs presented the staff report and stated that the applicant is requesting the
variance in order to install a covered pavilion and reconstruction of the basketball court. Mr. Gibbs
gave details to the Board of the work planned for the area.
He stated that in order for this project to go forward as stated in Chapter 13, Section 5-G – Special
Provisions for Floodways, a variance must be granted for the encroachment in the floodway and a flood
study done showing a zero rise. He ended by saying the applicant hired a firm to conduct the flood
study and it has been done and he has recognized it as being adequate.
Chairman Goss stated that the Board grants variances if there is a special condition or hardship and if it
is a financial hardship they can not consider it. Mr. Gibbs stated that the distinction here would be that
the basketball court and restrooms exits today.
Chairman Goss opened the public hearing.
With no one speaking before the Board, Chairman Goss closed the public hearing
Mr. Benn 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: there is no
suitable location in which to move the pavilion out of the floodplain; and because: special
circumstances or conditions affect the land involved such that the 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 is almost entirely in the floodplain; the variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant, to wit: the ability of its citizens to safely use
Mr. Richards seconded the motion, which passed (4-1). Mr. Braune voting against
the property.
granting the variance.
AGENDA ITEM NO: 9: Public hearing, presentation, possible action and discussion on
variances to the Unified Development Ordinance, Section 7.4 for 1500 Harvey Road, Block 1,
Lots 4-A, 4-C, and 5-A of the Post Oak Mall Subdivision. Case # 07-00500268
This item was pulled by the applicant prior to the start of the meeting
AGENDA ITEM NO. 10: Public hearing, presentation, possible action, and discussion on a
variance to the Unified Development Ordinance, Section 7.2 I regarding the number of off-street
parking spaces required at 4304 Harvey Road, for a portion of Lot 1, Block 1, Harvey Hillsides
Subdivision. Case # 07-00500270
The Board moved to Agenda Item 11 due to the applicant not being present for this item.
AGENDA ITEM NO. 11:Public hearing, presentation, possible action, and discussion on a
:
variance from the Unified Development Ordinance, Section 5.2as it relates to the front setback
form 3105 Freneau Drive, Lot 1,. Block 1 of the Sweetland Subdivision. Case # 07-00500284
Staff Planner Lindsay Boyer presented the staff report and stated that the applicant is requesting the
variance to reduce the front building setback line from 50-feet to 35-feet for the construction of a new
home.
Chairman Goss opened the public hearing.
Those speaking in favor of the variance request:
Chris Galindo, 3107 Rolling Glen, Bryan, Texas.
Kevin Sweetland, 1725 Harvey Mitchell Parkway, College Station, Texas
Jody Sweetland, 1725 Harvey Mitchell Parkway, College Station, Texas
Those speaking in opposition of the variance request:
Charles Conrad, 1505 Frost, College Station, Texas
All speaking before the Board were sworn in my Chairman Goss.
Chairman Goss closed the public hearing.
Mr. Braune motioned to deny 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 lack of any special conditions, and because a
strict enforcement of the provisions of the Ordinance would not result in unnecessary hardship to this
Mr.
applicant, and such that the spirit of the Ordinance shall be observed and substantial justice done.
Richards second the motion, which passed unopposed (5-0).
AGENDA ITEM NO. 10.: Public hearing, presentation, possible action, and discussion on a
variance to the Unified Development Ordinance, Section 7.2 I regarding the number of off-street
parking spaces required at 4304 Harvey Road, for a portion of Lot 1, Block 1, Harvey Hillsides
Subdivision. Case # 07-00500270
The applicant arrived at the meeting and was ready to have their case heard.
Staff Planner Lindsay Boyer presented the staff report and stated that the applicant is requesting the
variance to reduce the number of required parking spaces by six in order to enclose the outdoor pit area,
add a hallway to enclose the existing outdoor restrooms, and to add a walk-in cooler.
Chairman Goss opened the public hearing:
Those speaking in favor of the parking variance:
Rabon Metcalf, 1391 Seamist, College Station, Texas
Floyd Manning, 3965 Pate Road, College Station, Texas
Jo Manning, 3695 Pate Road, College Station, Texas
Floyd and Jo Manning stated that they would love to totally remodel the building and add on to the
store, but TXDOT said if they did anything that requires them to bring it up to code they would have to
redo their entrance up front and then they would lose their parking up front.
All speaking before the Board were sworn in by Chairman Goss.
Chairman Goss closed the public hearing.
Josh Benn made the motion to authorize a variance
from this Ordinance as it will not be contrary to
the public interest, due to the following special conditions: previous special exception to operate as a
restaurant issued by ZBA in 1999 and the narrow and linear configuration of the property; and because
a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this
applicant being: loss of front driveway and required easement; and such that the spirit of this Ordinance
Mr. Richards seconded the motion, which passed
shall be observed and substantial justice done.
unopposed (5-0).
AGENDA ITEM NO. 11.: Adjourn.
The meeting was adjourned at 7:50.
APPROVED:
______________________
Jay Goss, Chairman
ATTEST:
__________________________
Deborah Grace-Rosier, Staff Assistant
STAFF REPORT
Project ManagerReport Date:
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Email:Meeting Date:
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Project Number:
APPLICANT:
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REQUEST:
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PURPOSE:
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GENERAL INFORMATION
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Property Owner:
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Applicable Ordinance Section:
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PHYSICAL CHARACTERISTICS
Zoning and Land Use
Subject Property:
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West:
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East:
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South:
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Frontage:
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Access:
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Topography & Vegetation:
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Flood Plain:
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VARIANCE INFORMATION
Background:
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Ordinance Intent:
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ANALYSIS
Special Conditions:
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Hardships:
èÔ× ÛÌÌÐÓÙÛÎÈ ÔÛÉ ÉÈÛÈ×Ø ÈÔ× ÖÍÐÐÍÅÓÎÕ ÛÉ ÈÔ× Ê×ÉÇÐÈÓÎÕ ÔÛÊØÉÔÓÌ èÔÓÉ ÓÉ
ÐÓÏÓÈÓÎÕ ÈÔ× ÐÛÎØ ÇÉ× ÛÎØ ÌÊÍÖÓÈÛÚÓÐÓÈà èÔ× ÔÛÊØÉÔÓÌ Ê×ËÇÓÊ×É ÈÔÛÈ ÈÔ×
ÌÊÍÌ×ÊÈà ÍÅÎ×Ê ÙÛÎÎÍÈ ÙÍÎÈÊÛÙÈ ÅÓÈÔ ÛÎà ÙÍÏÌÛÎà ÈÔÛÈ ÔÛÉ ÏÍÊ× ÈÔÛÎ
ÈÔÊ×× ÙÍÐÍÊÉ ÓÎ ÈÔ×ÓÊ ÐÍÕÍ óÈ ÓÉ ÛÐÉÍ Û ÔÛÊØÉÔÓÌ ÓÖ ÈÔ× ÐÍÕÍ ÙÔÛÎÕ×É
Alternatives:
èÔ× ÛÌÌÐÓÙÛÎÈ ÉÈÛÈ×É ÈÔÛÈ ÈÔ×Ê× ÛÊ× ÎÍ ÛÐÈ×ÊÎÛÈÓÆ×É ÈÍ ÈÔ× ÆÛÊÓÛÎÙ× Ê×ËÇ×ÉÈ
Recommendation:
ú×ÙÛÇÉ× ÈÔ× ùÓÈà ùÍÇÎÙÓÐ ÔÛÉ Ø×ÉÓÕÎÛÈ×Ø ÈÔ× çÎÓÆ×ÊÉÓÈà øÊÓÆ× ÷ÛÉÈ
ÙÍÊÊÓØÍÊ ÖÍÊ ×ÎÔÛÎÙ×Ø Û×ÉÈÔ×ÈÓÙ ÌÊÍÈ×ÙÈÓÍÎ ÉÈÛÖÖ Ê×ÙÍÏÏ×ÎØÉ Ø×ÎÓÛÐ ÍÖ ÈÔ×
Ê×ËÇ×ÉÈ óÎ ÛØØÓÈÓÍÎ ÉÈÛÖÖ ØÍ×É ÎÍÈ Ú×ÐÓ×Æ× ÈÔÛÈ ÈÔ×Ê× ÓÉ Û ÇÎÓËÇ×
ÙÓÊÙÇÏÉÈÛÎÙ× ÍÊ ÉÌ×ÙÓÛÐ ÙÍÎØÓÈÓÍÎ ÓÎÆÍÐÆÓÎÕ ÈÔ× ÌÛÊÈÓÙÇÐÛÊ ÌÊÍÌ×ÊÈà ÉÓÎÙ×
ÈÔ× ÏÛÒÍÊÓÈà ÍÖ ÈÔ× çÎÓÆ×ÊÉÓÈà øÊÓÆ× ÷ÛÉÈ ÙÍÊÊÓØÍÊ ÓÉ ÂÍÎ×Ø íæ íÆ×ÊÐÛà ÛÎØ
ÓÉ ÉÇÚÒ×ÙÈ ÈÍ ÈÔ× ÉÛÏ× Ê×ÉÈÊÓÙÈÓÍÎÉ
éÓÎÙ× ÆÛÊÓÛÎÙ×É ÊÇÎ ÓÎ Ì×ÊÌ×ÈÇÓÈà ÅÓÈÔ ÈÔ× ÐÛÎØ ÓÈ ÓÉ Î×Ù×ÉÉÛÊà ÖÍÊ
ÛÌÌÐÓÙÛÎÈÉ ÈÍ ÉÔÍÅ ÉÌ×ÙÓÛÐ ÙÍÎØÓÈÓÍÎÉ ÈÔÛÈ ÛÊ× ÈÓ×Ø ÈÍ ÈÔ× ÐÛÎØ ÛÎØ ÎÍÈ ÈÍ Û
Ì×ÊÉÍÎÛÐ ÉÓÈÇÛÈÓÍÎ èÔ× ÉÌ×ÙÓÛÐ ÙÍÎØÓÈÓÍÎÉ ÍÖ ÈÔ× ÐÛÎØ ÏÇÉÈ Ê×ÉÇÐÈ ÓÎ Û
ÔÛÊØÉÔÓÌ ÈÔÛÈ ÓÉ ÍÈÔ×Ê ÈÔÛÎ ÌÇÊ×Ðà ÖÓÎÛÎÙÓÛÐ
éÓÎÙ× ÍÊØÓÎÛÎÙ× ÉÈÛÎØÛÊØÉ ÛÊ× ÛØÍÌÈ×Ø Úà ÈÔ× ùÓÈà ùÍÇÎÙÓÐ ÐÛÎØ ÍÊ
not the application of a standard, but the
ÚÇÉÓÎ×ÉÉ ÍÅÎ×ÊÉ ÛÊÕÇÓÎÕ
existence of the standard
ÏÛÃ ÛÉÑ ÈÔ× ùÓÈÃ ùÍÇÎÙÓÐ ÈÍ ÙÔÛÎÕ× ÈÔ×
ÉÈÛÎØÛÊØ
SPECIAL INFORMATION
Number of Property Owners Notified:
Responses Received:
éÈÛÖÖ ÔÛÉ Ê×Ù×ÓÆ×Ø ÍÎ× ÓÎËÇÓÊà ÌÔÍÎ× ÙÛÐÐ
ATTACHMENTS
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éÓÕÎ ÌÔÍÈÍÕÊÛÌÔÉ ÅÓÐÐ Ú× ÛÆÛÓÐÛÚÐ× ÛÈ Ï××ÈÓÎÕ