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Home My WebLink About09/04/2012 - Regular Minutes - Zoning Board of Adjustments 4- fi'#"`''''' L. Y' OF COT .T,EGE STATION Horne of Texas A&M University MINUTES ZONING BOARD OF ADJUSTMENT Regular Meeting September 4, 2012 Council Chambers 1101 Texas Avenue 6:00 P.M. MEMBERS PRESENT: Chairman Hunter Goodwin, Jim Davis, Marsha Sanford, Dick Dabney, Scott Simpson, Gary Erwin MEMBERS ABSENT: Josh Benn STAFF PRESENT: Staff Assistant Deborah Grace - Rosier, Staff Planners Morgan Hester, Teresa Rogers, and Lauren Hovde, Assistant Director Lance Simms, City Attorney Carla Robinson, Action Center Representative Jordan Wood AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Goodwin called the meeting to order at 6:00 p.m. AGENDA ITEM NO. 2: Discussion of requested Administrative Adjustments. • 12 -161 (AA- Residential Dimensional Standards) 1123 Phoenix Street. There were no questions for staff. AGENDA ITEM NO. 3: Consideration, discussion and possible action to approve meeting minutes. • August 7, 2012 meeting minutes Board Member Dabney motioned to approve the August 7, 2012 meeting minutes. Board Member Davis is seconded the motion, which passed (5 -0). Chairman Goodwin abstained from discussion and voting on Agenda Item No. 4. Board Member Dick Dabney assumed position as Acting Chairman. Alternate Board Member Gary Erwin also stepped in to serve during Agenda Item No. 4. AGENDA ITEM NO. 4: Presentation, possible action, and discussion on a variance request to the Unified Development Ordinance, Section 5.2., `Residential Dimensional Standards' at 15412 Baker Meadow Loop. Case # 12- 00500165 (MTH) Staff Planner Hester presented the staff report and stated that the applicant is requesting a variance of 6 feet, 9 inches to the 20 -foot front building setback to rectify an encroachment. Ms. Hester ended her staff report by telling the Board that staff is recommending denial. Acting Chairman Dabney opened the public hearing. Randy French, 4301 Clipstone Place, College Station, Texas, stepped before the Board and was sworn in by Acting Chairman Dabney. Mr. French spoke in favor of the variance request. There was general discussion amongst the Board. Acting Chairman Dabney closed the public hearing. Board Member Simpson motioned to deny the variance. Board Member Erwin seconded the motion. There was general discussion amongst the Board. Acting Chairman Dabney called for the vote for denial. Motion to deny passed (3 -2). Board Members Sanford and Davis voting against the denial. Chairman Goodwin assumed his position as Chairman and Board Member Erwin stepped down. AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion on a front setback variance request to the Unified Development Ordinance, Section 5.7., `Design Dimensional Standards', at 1915 Dartmouth Street. Case # 12- 00500157 (TR) Staff Planner Rogers presented the staff report and stated the applicant is requesting a variance of 8 feet to the 15 -foot front building setback due to a 50 -foot gas easement that crosses proposed Lots 1 and 2 of the future development. Ms. Rogers ended her staff report by telling the Board that staff was recommending approval. There was a general discussion amongst the Board. Chairman Goodwin opened the public hearing. Travis Martinek, 3608 East 29 Street, Suite 100, Bryan, Texas, stepped before the Board and was sworn in by Chairman Goodwin. Mr. Martinek spoke in favor of the variance request. There were no questions from the Board. Board Member Sanford motioned to approve the variance request due to the special conditions of: the Unified Development Ordinance (UDO) would deprive the applicant the reasonable use of the land and enjoyment of a substantial property right. Board Member Dabney seconded the motion. Motion to approve passed (5 -0). AGENDA ITEM NO. 6: Public hearing, presentation, possible action, and discussion on a height variance to the Conical Zone for Easterwood Airport, at 717 University Drive. Case # 12- 00500167 (LH) Staff Planner Hovde presented the staff report and stated that the applicant is requesting an 8- foot height variance into the conical zone and staff is recommending approval. She stated that the Federal Aviation Administration (FFA) has determined that there is no hazard to air navigation in this case. However, a local ordinance shared by the City of College Station, City of Bryan, and Brazos County, requires the applicant to seek relief from the Airport Zoning Board of Adjustment. There was a general discussion amongst the Board. Chairman Goodwin opened the public hearing. Dan Hrankowsky, 161 N Clark Street, Suite 4900, Chicago, Illinois, stepped before the Board and was sworn in by Chairman Goodwin. Mr. Hrankowsky spoke in favor of the variance request. There was a general discussion amongst the Board. Board Member Dabney motioned to approve the height variance request due to the special condition of: the relief granted is tied to the spirit of the ordinance and described in the local ordinance. Furthermore, the stated purpose of the ordinance is to protect the air space necessary for the use & operation of Easterwood Airport. Since the Federal Aviation Administration (FAA) has determined that there is no hazard to air navigation in this case, the spirit of the ordinance has been fulfilled: and the special limitation of 8- foot variance to the conical zone. Board Member Davis seconded the motion. Motion to approve passed (5 -0). AGENDA ITEM NO. 7: 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. No action was taken. AGENDA ITEM NO. 8: Adjourn. The meeting was adjourned at 7:30 p.m. ATTEST: qk APPROV . i : -!.►• • _y ,� ‘,1 • Ar r �/ Deborah race - Rosier, Staff Assistant H ter G win, Chairman CITY OF COLLEGE STATION Planning & Development Services ZONING BOARD OF ADJUSTMENT RECOMMENDED FORMAT FOR A NEGATIVE MOTION I move to deny the variance to Section S . y of the Unified Development Ordinance regarding (building setback, lot dimension, signs, etc.) 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 the applicant. Motion made by .S Seconded by 6 j w tit Voting Results is 3 � .� - / :4// Date Chair Signature � -- �, � L CITY OF COLLEGE STATION Planning d' Development Services ZONING BOARD OF ADJUSTMENT RECOMMENDED FORMAT FOR POSITIVE MOTION I move to authorize a variance of 1/a Ce CO /37(dimension, percent, number, etc.) to Section of the Unified Development Ordinance regarding (building setback, signs, lot dimension, etc.) as it will not be contrary to the public interest, due to the followin: special con. ' ion(s): •O I.f 7r.i 1A,I.'ri• kJ "'1/14 "� • LIM�Ir_�11/�i� �(}Q I ♦ 'tom • i a /� L . .izir S l i _ri to gmapiplig and bec:4 se a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: subject to the following limitation(s): n/ Motion made by ��C.. Seconded by OA albittt Results - Voting g 1 �!hi/ /1 Chair Signature ,� 11 0 ate `1 /4// (*-ff' CITY OF COLLEGE STATION Planning er Development Services AIRPORT ZONING ORDINANCE RECOMMENDED FORMAT FOR POSITIVE MOTION I move to authorize a variance of 21r — � (dimension, percent, number, etc.) to the Airport Zoning Ordirl�ance as it will not be contrary to the public y p c interest, due to the following special condition(s): " e ie"� ' 12s ,,. l , #rr,t of -4A-- e , w.�. v _ 4 4, ,-..-ye s-e_ S.4.-'' i 4 �-^ L °r..c,, f) ec .SSar • r AA,' --e. d- o °�J4 qJt 'ion`[,_ o:� C c:s kv. went 0.0,- - f , S ✓"4 <14.-e..- <14.-e..- 1414 h9. s a r °c -, ` . ' 4 w 4 - .-t ;$ x'10 `Ia zc'r 1 , a ,' ✓ -- and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: r6" � u.-, ," -�,;.- C , --14.-(.. , - ;r r/r t . v� c.,.t, h a j Gc� 014""i subject to the following limitation(s): Motion made by ( O k ,6 b iti. ,______ Seconded by J. 0Av. Voting Results s e — S 0 -- n U , ._c- Chair Signature /i/AC - Date 9— 41-12_ ZONING BOARD OF ADJUSTMENT GUEST REGISTER September 4, 2012 NAME ADDRESS 1.64 .4 CL'IP510tIE - 2.0 'Q I 3;-1111 14-4011tN^Akdf 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 1 7. 18. 19. 20. 21. 22. 23. 24. 25.