HomeMy WebLinkAbout06/16/2022 - Agenda Packet - Zoning Board of AdjustmentsCollege Station, TX
Meeting Agenda
Zoning Board of Adjustment
1101 Texas Ave, College Station, TX 77840
Internet: https://zoom.us/j/86388855872
Phone: 888 475 4499 and Webinar ID: 863 8885 5872
The City Council may or may not attend this meeting.
June 16, 2022 4:00 PM City Hall Council Chambers
College Station, TX Page 1
Notice is hereby given that a quorum of the meeting body will be present in the physical
location stated above where citizens may also attend in order to view a member(s) participating
by videoconference call as allowed by 551.127, Texas Government Code. The City uses a
thirdparty vendor to host the virtual portion of the meeting; if virtual access is unavailable,
meeting access and participation will be in-person only.
1.Call meeting to order and consider absence requests.
2.Agenda Items
2.1.Consideration, discussion, and possible action to approve meeting minutes:
Attachments:1.May 3, 2022
2.2.Public Hearing, presentation, discussion, and possible action regarding a height variance to the
Airport Zoning Ordinance for the property located at 401 First Street, Boyett Subdivision Block
13, Lots 1-14 which is zoned NG-1 Core Northgate. Case #AWV2022-000007
Sponsors:Derrick Williams
Attachments:1.Staff Report
2.Vicinity Map, Aerial, and Small Area Map
3.Applicant's Supporting Information
4.Federal Aviation Administration Documentation
5.Easterwood Airport Management Documentation
6.TAMU System Documentation
2.3.Public Hearing, presentation, discussion, and possible action regarding a sign variance to the
Unified Development Ordinance (UDO) Section 7.5.N ‘Freestanding Commercial Signs’ for the
property located at College Hills Estates Phase 4, Block 18, Lot 10 and Culpepper Plaza Block
A, Lots 1E, 1F-1 and 1F, generally located at 201 Dominik Drive. The subject property is zoned
GC General Commercial. Case #AWV2022-000005
Sponsors:Jesse Dimeolo
Attachments:1.Staff Report
2.Vicinity Map, Aerial, Small Area Map
3.Applicant's Supporting Information
4.Variance Exhibit
5.Blue Baker Site Plan
2.4.Presentation and discussion regarding a Unified Development Ordinance Amendment related to
the powers, duties, and processes of the Zoning Board of Adjustment.
Sponsors:Molly Hitchcock
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Zoning Board of Adjustment
Page 2 June 16, 2022
Attachments:1.Memo
2.Section 2.3. Zoning Board of Adjustment redlines
3.Section 3.17 Written Interpretation redlines
4.Section 3.19 Variance redlines
5.Section 3.20 Administrative Appeal redlines
3.Discussion and possible action on future agenda items.
A 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.
Adjournment into Executive Session may occur in order to consider any item listed on the agenda if a
matter is raised that is appropriate for Executive Session discussion.
I certify that the above Notice of Meeting was posted on the website and at College Station City Hall,
1101 Texas Avenue, College Station, Texas, on June 9, 2022 at 5:00 p.m.
City Secretary
This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting
and who may need accommodations, auxiliary aids, or services such as interpreters,
readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD
at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the
meeting so that appropriate arrangements can be made. If the City does not receive notification
at least two business days prior to the meeting, the City will make a reasonable attempt to
provide the necessary accommodations.
Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun.
"Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly
Carried Handgun) A Person Licensed under Subchapter H, Chapter 411,
Government Code (Handgun Licensing Law), may not enter this Property with a
Handgun that is Carried Openly."
Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia.
“Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire
libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411,
Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad
portando arma de mano al aire libre.”
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May 3, 2022 Zoning Board of Adjustments Minutes Page 1 of 2
MINUTES ZONING BOARD OF ADJUSTMENT
Regular Meeting May 3, 2022 6:00 P.M. Internet: https://zoom.us/j/84505236526 Phone: *888 475 4499 and Meeting ID: 845 0523 6526
MEMBERS PRESENT: Chairperson Fred Dupriest, Rachel Smith, James Hutchins, John
Crittenden, and Chad Jackson CITY STAFF PRESENT: Michael Ostrowski, Molly Hitchcock, Robin Macias, Leslie Whitten Thomas Bruman, and Crystal Fails
1. Call meeting to order
Chairperson Dupriest called the meeting to order at 6:00 p.m. 2. Agenda Items 2.1. Consideration, discussion, and possible action to approve meeting minutes:
Board Member Smith motioned to approve the meeting minutes from February 1, 2022; seconded by Board Member Jackson. Motion passed (5-0).
2.2. Discussion of Approved Administrative Adjustments:
• AWV2022-000004 315 College Main; Exterior Building Materials (JD)
Assistant Director of Planning and Development Services Hitchcock provided an
overview of the administrative adjustment.
2.3. Public Hearing, presentation, discussion and possible action regarding a side setback
variance to Unified Development Ordinance Section 5.2 'Residential Dimensional
Standards' for Pebble Creek Ph 9B Block 38 Lot 1, generally located at 5214 Quaker
Ridge Drive. The subject property is zoned GS General Suburban. Case #AWV2022-
000003
Robin Macias, Staff Planner, presented the item and stated that the applicant is
requesting a variance to allow a reduction in the side setback to four (4) feet, compared
to the minimum seven and a half (7.5) feet.
Staff recommended denial of the request due to the fact that the request does not meet
the specified criteria. Specifically:
1. There are no extraordinary conditions affecting the land depriving the owner
of its use;
2. The variance is not necessary for the enjoyment of a substantial property right;
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May 3, 2022 Zoning Board of Adjustments Minutes Page 2 of 2
3. The property is not unique compared to other property in the area; and
4. A hardship has only occurred due to the applicant’s own actions.
There was general discussion amongst the Board regarding the variance request.
Chairperson Dupriest opened the public hearing.
Applicant, Katherine Kleemann, 5214 Quaker Ridge Drive, spoke in favor of the
variance request, stating that the location of the building addition would not pose a
danger to anyone as it would be against greenspace, was the most visibly pleasing
location when viewed from the street, would add tax value, and had been approved by
the HOA.
Board Member Jackson asked the applicant if she had approached the HOA about buying
a portion of their property.
Ms. Kleenmann responded that they had, and the HOA told them to pursue a variance.
Chairperson Dupriest closed the public hearing.
There was general discussion amongst the Board regarding the lack of a special condition
and the side set back requirements.
Board Member Smith motioned to deny the variance 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; seconded by Board Member Crittenden. Motion to deny passed (5-0).
3. Discussion and possible action on future agenda items - A 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 was no discussion.
4. Adjourn.
The meeting adjourned at 6:17 p.m. Approved: Attest:
______________________________ ________________________________ Fred Dupriest, Chairperson Crystal Fails, Staff Assistant
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Airport Zoning Board of Adjustment Page 1 of 3
June 16, 2022
AIRPORT ZONING BOARD OF ADJUSTMENT
VARIANCE REQUEST
FOR
401 First Street
AWV2022-000007
REQUEST:Easterwood Airport Zoning Variance
LOCATION:401 First Street
Boyett Subdivision Block 13, Lots 1-14
ZONING:NG-1 Core Northgate
PROPERTY OWNER:MAMASH, LLC C/O Ibrahim M. Elnihum
Ibrahim M. Elnihum & Ibtisam M. Hosein
M. Moore Properties, LLC C/O Mary Elizabeth Moore
Running Mule, LLC C/O Jeff Johnson
APPLICANT:Veronica Morgan, Mitchell & Morgan, LLC
PROJECT MANAGER:Derrick Williams, Staff Planner
dwilliams@cstx.gov
RECOMMENDATION:Approval
BACKGROUND: A new mixed-use development has been proposed in Northgate, encompassing
the block surrounded by Wellborn Rd, Maple Ave, First St, and Louise Ave. The
building is anticipated to have commercial space and parking garage on the first
floor, with residential units and parking garage above the floor level. As per the
Airport Zoning Ordinance for Easterwood Airport, the maximum height of a
structure at this location may be 470.6 feet Above Mean Sea Level (AMSL). To
build this structure, two cranes are proposed to be utilized that would sit a
maximum of 260 and 220 feet above ground level, which would be 603 AMSL
and 565 AMSL, respectively. The airport zoning ordinance specifies that even
temporary structures such as construction cranes are subject to the height
limitations of the ordinance and require a variance to be erected. With the
limitation of 470.6 feet above mean sea level, the applicant is requesting a
temporary height variance of 132.4 feet for Crane 1 and 94.4 feet for Crane 2.
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Airport Zoning Board of Adjustment Page 2 of 3
June 16, 2022
ORDINANCE INTENT: The purpose of the Airport Zoning Ordinance is to establish clear and
unambiguous regulations for the protection of the lives and property of users,
owners, and occupants of and in the vicinity of Easterwood Field Airport and for
the protection of airport operations.
NOTIFICATIONS
Advertised Board Hearing Date: June 16, 2022
Property owner notices mailed: 14
Contacts in support: None at time of staff report
Contacts in opposition: None at time of staff report
Inquiry contacts: None at time of staff report
ZONING AND LAND USES
Direction Zoning Land Use
North NG-1 Core Northgate Multi-Family & Duplex
East NG-3 Residential Northgate Multi-Family
South NG-1 Core Northgate Multi-Family & Mixed Use
West N/A (ROW)Wellborn Road
REVIEW CRITERIA
According to the Texas Local Government Code Section 241.034 Variances, the Board shall allow a variance from
an airport zoning regulation if all of the following criteria are met:
1. A literal application or enforcement of the regulation would result in practical difficulty or unnecessary
hardship.
2. The granting of the relief would result in substantial justice being done.
3. The granting of the relief would not be contrary to the public interest.
4. The granting of the relief would be in accordance with the spirit of the regulation.
The board may impose any reasonable conditions on the variance that it considers necessary to accomplish the
purpose of airport zoning.
The variance request is to allow for two temporary cranes that are needed to build the proposed permanent
building structure. The proposed building is under the height limitations outlined in the ordinance.
In general, there is no cost effective or feasible way to lift building materials to the upper levels without a crane.
“The applicant stated that:
although you could obtain a pumper truck for concrete to reach the upper floors, these pumpers cannot
reach the center of the building to place this material. In addition, there is not enough space around the
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Airport Zoning Board of Adjustment Page 3 of 3
June 16, 2022
building given the street rights-of-way which surround the site to provide ramps to move materials to
the upper floors.”
The Easterwood Airport Management (EAM) team has no objections to granting a temporary height variance
and the FAA has made determinations that No Hazard to Air Navigation for Temporary Structure is present for
the Tower Crane Pt 1 and Tower Crane Pt 2, which are associated with the 401 First Street Student Housing
project. In consultation with the EAM team, the TAMU System has no objections to granting a temporary height
variance.
After reviewing the request and the related criteria, the information provided by EAM and TAMU, as well as the
cranes being temporary, staff would recommend approval of the request. By not allowing the cranes,
construction of the building would result in a practical difficulty and unnecessary hardship, as very limited
options would exist. The granting of the variance would result in substantial justice being done without being
contrary to the public interest. Furthermore, since the cranes are temporary, the spirit of the regulation
remains.
ATTACHMENTS
1. Vicinity Map, Aerial, and Small Area Map
2. Applicant’s Supporting Information
3. Federal Aviation Administration Documentation
4. Easterwood Airport Management Documentation
5. TAMU System Documentation
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APPEAL/WAIVER APPLICATION
SUPPORTING INFORMATION
Name of Project: 401 FIRST STREET STUDENT HOUSING - AIRPORT ZONING VARIANCE
Address: 401 FIRST ST
Legal Description: BOYETT, BLOCK 13, LOT 13-14 (E HLF OF)
Applicant: MITCHELL & MORGAN
Property Owner: MAMASH LLC
Applicable ordinance section being appealed/seeking waiver from:
Airport Zoning Ordinance height restriction to the Horizontal Surface, Section 4. (3).
The following specific variation to the ordinance is requested: Height Variance of 135-feet (Crane 1) and 93-feet (Crane 2) to the Horizontal Surface for Easterwood Airport for two temporary cranes. FAA approval of these height variances are attached.
The following special condition exists:
The size of the property and existing development surrounding the property make it impossible to move materials to the upper floors of a 10-story building without the use of a crane.
The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is/are: A strict application of the ordinance may constitute a hardship in this case since the request does not violate the spirit of the ordinance as described in the ordinance language. Furthermore, the stated purpose of the ordinance is to protect the airspace necessary for the use and operation of Easterwood Airport. Since the FAA has determined that there is no hazard to air navigation in this case, the spirit of the local ordinance has been fulfilled.
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The following alternatives to the requested variance are possible: None, if the variance is not granted, the project does not work economically.
The variance will not be contrary to public interest due to: The requested waiver is not contrary to the public interest because the ordinance was established to protect aviation and the public’s interest in safe air travel. The FAA has determined that the Easterwood Field Airport will not be negatively affected by the proposed intrusion into the horizontal surface. Now that the FAA has
made the determination that the building height is not unsafe to aviation, the public’s interest will not be negatively affected by the granting of the variance.
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401 First Street Student Housing Project Airport Zoning Height Variance Request to the Horizontal Surface for Easterwood Field Airport
APPEAL / WAIVER
1. Current Zoning: Provide the current zoning of the property.
RESPONSE: NG-1 – Core Northgate. 2. Applicable Ordinance: Provide the applicable ordinance section being appealed or seeking a waiver from and an explanation of the appeal or waiver request.
RESPONSE: Airport Zoning Ordinance. Section 4. (3) 3. Specific Request: Provide the specific alternative to, or waiver from, the ordinance.
RESPONSE: Height Variance of 133-feet (Crane 1) and 95-feet (Crane 2) to the
Horizontal Surface for Easterwood Airport for two temporary cranes. FAA
approval of these height variances are attached. 4. *Hardship(s): Provide the unnecessary hardship(s) involved by meeting the provisions
of the ordinance other than financial hardship.
RESPONSE: A strict application of the ordinance may constitute a hardship in
this case since the request does not violate the spirit of the ordinance as
described in the ordinance language. Furthermore, the stated purpose of the
ordinance is to protect the airspace necessary for the use and operation of
Easterwood Airport. Since the FAA has determined that there is no hazard to air
navigation in this case, the spirit of the local ordinance has been fulfilled.
5. Alternatives: Provide possible alternatives to the requested appeal or waiver.
RESPONSE: None, if the variance is not granted, the project does not work
economically or logically. The space constraints around the building and the
height of the building require that a crane be utilized to lift building materials and
equipment to the height of the upper floors of this 10-story building. With the
adjacent rights-of-way that need to be maintained for adjacent travel, there is no
possible way to create pathways to move materials up to those upper levels
without a crane.
6. Building Material Subs: For the SUBSTITUTION OF BUILDING MATERIALS, answer at least one of the
following: 1. Describe how the building material is a new or innovative material that has not been previously available to the market or verify that the material is not listed as an allowed or prohibited material 2. Explain how the material is similar and comparable in quality and appearance to the allowed materials.
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3. Explain how the material is an integral part of a themed building (e.g., chrome on a 1950's-type diner).
RESPONSE: Not applicable.
7. Facade Materials: For alternative materials on façade work on an existing building, provide the following: 1. Explain why the allowed materials cannot be utilized without a structural alteration to
the existing building. 2. Provide copies of a letter from a licensed engineer or architect verifying that a structural alteration is required to apply the permitted façade materials to the building.
RESPONSE: Not applicable.
8. Alternates: For alternate colors or materials on a franchised and/or chain restaurant, provide the following: 1. Will the restaurant be developed as a single, detached building? 2. Are the proposed colors and materials part of its corporate branding? 3. Provide copies of all alternative color and material schemes the chain or franchise has used.
RESPONSE: Not applicable. 9. Facade Articulation: For a waiver to façade articulation and/or roofline requirements for
an existing building, answer at least one of the following:
RESPONSE: Not applicable.
10. Financial Feasibility: 1. Explain how meeting the ordinance requirements is not financially feasible.
RESPONSE: The variance request is to allow for two temporary cranes that are
needed to build the proposed permanent building structure. The proposed
building is under the height limitations outlined in the ordinance.
In general, there is no cost effective or feasible way to lift building materials to the
upper levels without a crane. Although you could obtain a pumper truck for
concrete to reach the upper floors, these pumpers cannot reach the center of the
building to place this material. In addition, there is not enough space around the
building given the street rights-of-way which surround the site to provide ramps
to move materials to the upper floors. 11. Structural Feasibility: 2. Explain how meeting the ordinance requirements is not structurally feasible.
RESPONSE: The proposed permanent building structure is designed such that it
is below the height limitations outlined in the ordinance. The requirement for the
cranes for construction is due to the height of the permanent structure. In order
to move materials to the upper floors, there is no structural method to do that
given the height of the building and the physical space constraints of the site.
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Surrounded by roadways (Louise, First, Maple and Wellborn roads) there is little
to no space to create ways to move materials to those upper floors without a
crane. 12. Acknowledgement
RESPONSE: I acknowledge that all facts stated herein and exhibits attached
hereto are true correct and complete.
VARIANCE 1. Variance Type: Select the variance that you are requesting
a. Setback b. Parking c. Sign d. Lot Dimension e. Appeal of Written Interpretation f. Special Exception g. Drainage h. Other
RESPONSE: Other. Airport zoning height restrictions.
2. Applicable Ordinance: Provide the application ordinance section that you are requesting a variance to
RESPONSE: Airport Zoning Ordinance height restriction to the Horizontal
Surface, Section 4. (3).
3. Variation Requested: Provide the specific variation from the ordinance that you are requesting
RESPONSE: Height Variance of 133-feet (Crane 1) and 95-feet (Crane 2) to the
Horizontal Surface for Easterwood Airport for two temporary cranes. FAA
approval of these height variances are attached. 4. Special Conditions: Provide the special condition(s) of why this variance is necessary.
To justify a variance, the difficulty must be due to unique circumstances related to the physical characteristics of the particular property, not to the owner's personal situation.
RESPONSE: The size of the property and existing development surrounding the
property make it impossible to move materials to the upper floors of a 10-story
building without the use of a crane.
5. Hardships: Provide the unnecessary hardship(s) involved by meeting the provisions of the ordinance OTHER THAN FINANICAL HARDSHIP:
RESPONSE: A strict application of the ordinance may constitute a hardship in
this case since the request does not violate the spirit of the ordinance as
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described in the ordinance language. Furthermore, the stated purpose of the
ordinance is to protect the airspace necessary for the use and operation of
Easterwood Airport. Since the FAA has determined that there is no hazard to air
navigation in this case, the spirit of the local ordinance has been fulfilled.
6. Alternatives: Provide possible alternatives to the requested variance
RESPONSE: None, if the variance is not granted, the project does not work
economically. 7. Public Interest: State how this variance will not be contrary to the public interest
RESPONSE: The requested waiver is not contrary to the public interest because
the ordinance was established to protect aviation and the public’s interest in safe
air travel. The FAA has determined that the Easterwood Field Airport will not be
negatively affected by the proposed intrusion into the horizontal surface. Now that
the FAA has made the determination that the building height is not unsafe to
aviation, the public’s interest will not be negatively affected by the granting of the
variance. 8. Acknowledgement: The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or
the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf.
RESPONSE: This is a company and proof of authority is attached.
ADMIN ADJUSTMENT 1. Applicable Ordinance: Provide the applicable ordinance section that you are seeking an administrative adjustment from.
RESPONSE: Not applicable.
2. *Specific Adjustment: Provide the specific adjustment (up to 10%) that you are requesting from the ordinance requirements. Type in N/A if this is not applicable to your request.
RESPONSE: Not applicable.
3. Public Interest: Provide facts showing how this adjustment will not be contrary to the public interest
RESPONSE: Not applicable.
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4. Adjacent Land: State how the granting of the adjustment will not materially or adversely affect adjacent land uses or the physical character of the uses in the
immediate vicinity
RESPONSE: Not applicable.
5. Consistent w/UDO: State how granting the adjustment will be consistent with the purpose and intent of the UDO
RESPONSE: Not applicable. 6. Acknowledgement: Acknowledge that this application and the facts stated herein and exhibits attached hereto are true, correct and complete.
RESPONSE: Not applicable. INTERPRETATION 1. WRITTEN INTEPRETATION:
RESPONSE: Not applicable. 2. Interpretation Req: What interpretation are you requesting?
RESPONSE: Not applicable. 3. Reason: What is your reason for requesting a written interpretation?
RESPONSE: Not applicable.
4. Acknowledgement: Acknowledge that this application and all facts stated herein and exhibits attached hereto are true, correct and complete.
RESPONSE: Not applicable. LOCATION:
1. Address:
RESPONSE: 401 First Street 2. Parcel Number:
RESPONSE: 144500-0013-0130, 144500-0013-0131, 144500-0013-0120, 144500-0013-0110, 144500-0013-0100, 144500-0013-0090, 144500-0013-0080, 144500-0013-0070, 144500-0013-0060, 144500-0013-0050, 144500-0013-0040, 144500-0013-0030, 144500-0013-0020, 144500-0013-0010
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Applicant Information:
Name: Mitchell & Morgan, LLP C/O Veronica Morgan Address: 3204 Earl Rudder Freeway South City: College Station
State: Texas Zip Code: 77845-6457 Phone: 979-260-6963
Email Address: v@mitchellandmorgan.com Owner Information: Name: MAMASH, LLC C/O Ibrahim M. Elnihum Address: 5020 Augusta Circle
City: College Station State: Texas Zip Code: 77845-8983 Phone: 979-204-6179 Email Address: ielnihum@gmail.com Owner Information: Name: Ibrahim M. Elnihum & Ibtisam M. Hosein Address: 5020 Augusta Circle City: College Station
State: Texas Zip Code: 77845-8983 Phone: 979-204-6179
Email Address: ielnihum@gmail.com Owner Information:
Name: M. Moore Properties, LLC C/O Mary Elizabeth Moore Address: P.O. Box 3697 City: Bryan State: Texas Zip Code: 77805-3697 Phone: 979-776-7605 Email Address: moorepropertiesbryantx@gmail.com
Owner Information: Name: Running Mule, LLC C/O Jeff Johnson Address: 285 Nordstrom Lane City: Eastsound
State: Washington Zip Code: 98245-9368 Phone: 360-317-3369
Email Address: Browngod@gci.net
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Contact Primary Information:
Name: Mitchell & Morgan, LLP C/O Kerry Pillow Address: 3204 Earl Rudder Freeway South City: College Station
State: Texas Zip Code: 77845-6457 Phone: 979-260-6963
Email Address: kerry@mitchellandmorgan.com Contact Secondary Information: Name: Kristen Penrod Address: 506 W. 7th Street, Suite 1
City: Austin State: Texas Zip Code: 78701 Phone: 214-708-0027 Email Address: kpenrod@parallel-co.com Contact Tertiary Information: Name: N/A Address: N/A City: N/A
State: N/A Zip Code: N/A Phone: N/A
Email Address: N/A Engineer Information:
Name: N/A Address: N/A City: N/A State: N/A Zip Code: N/A Phone: N/A Email Address: N/A
Surveyor Information: Name: N/A Address: N/A City: N/A
State: N/A Zip Code: N/A Phone: N/A
Email Address: N/A
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Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2022-ASW-8460-OE
Page 1 of 6
Issued Date: 05/11/2022
Austin Lewis
Parallel Co. - 1st
506 W. 7th Street
Suite 1
Austin, TX 78701
**DETERMINATION OF NO HAZARD TO AIR NAVIGATION FOR TEMPORARY STRUCTURE**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Tower Crane Crane Pt 1
Location:College Station, TX
Latitude:30-37-07.05N NAD 83
Longitude:96-21-00.55W
Heights:343 feet site elevation (SE)
260 feet above ground level (AGL)
603 feet above mean sea level (AMSL)
This aeronautical study revealed that the temporary structure does exceed obstruction standards but would not
be a hazard to air navigation provided the condition(s), if any, in this letter is (are) met:
**SEE ATTACHMENT FOR ADDITIONAL CONDITION(S) OR INFORMATION**
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power or the addition of other transmitters, requires separate notice to the FAA. This
determination includes all previously filed frequencies and power for this structure.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of a structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this temporary structure on the safe and efficient use of navigable
airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law,
ordinance, or regulation of any Federal, State, or local government body.
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A copy of this determination will be forwarded to the Federal Aviation Administration Flight Procedures Office
if the structure is subject to the issuance of a Notice To Airman (NOTAM).
If you have any questions, please contact our office at (817) 222-5933, or andrew.hollie@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2022-ASW-8460-OE
Signature Control No: 526439816-529864666 ( TMP )
Andrew Hollie
Specialist
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Additional Condition(s) or Information for ASN 2022-ASW-8460-OE
Proposal: To construct and/or operate a(n) Tower Crane to a height of 260 feet above ground level, 603 feet
above mean sea level.
Location: The structure will be located 1.94 nautical miles north of CLL Airport reference point.
Case Description for ASN 2022-ASW-8460-OE
Filing tower cranes needed to construct building (bldg lead 2022-ASW-2418-OE).
Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any:
Section 77.17 (a) (2) by 60 feet - a height that exceeds 543 feet above mean sea level within 1.94 nautical miles
of CLL.
Section 77.17 (a) (3) by 23 feet - a height that increases a minimum instrument flight altitude within a terminal
area (TERPS Criteria). The proposal would necessitate At 603 AMSL, 1A, Easterwood Fld (CLL) College
Station, TX. ILS or LOC RWY 35; RNAV (GPS) RWY 11; RNAV (GPS) RWY 17; RNAV (GPS) RWY 29;
RNAV (GPS) RWY 35; VOR RWY 29; VOR or TACAN RWY 11, increase Circling CAT B MDA from 880
to 920. NEH: 580 AMSL.
Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating:
Section 77.19 (a) Horizontal Surface by 133 feet as applied to CLL.
Preliminary FAA study indicates that the above mentioned structure would:
have no effect on any existing or proposed arrival, departure, or en route visual flight rules (VFR) operations.
not exceed traffic pattern airspace
have no physical or electromagnetic effect on the operation of air navigation and communications facilities.
have no effect on any airspace and routes used by the military.
Based on this aeronautical study, the structure would not constitute a substantial adverse effect on aeronautical
operations or procedures because it will be temporary. The temporary structure would not be considered a
hazard to air navigation provided all of the conditions specified in this determination are strictly met.
As a condition to this Determination, the structure is to be marked/lighted in accordance with
FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, flags/red lights-Chapters
3(Marked),4,5(Red),14(Temporary),&15.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
It is required that the FAA be notified 3 business days prior to the temporary structure being erected and again
when the structure is removed from the site. Notification should be made to this office through your registered
e-filing account. Notification is necessary so that aeronautical procedures can be temporarily modified to
accommodate the structure.
Page 22 of 58
Page 4 of 6
NOTIFICATION IS REQUIRED AGAIN THROUGH YOUR REGISTERED E-FILING ACCOUNT
WHEN THE TEMPORARY STRUCTURE IS REMOVED FROM THE SITE FOR NOTICE TO
AIRMAN (NOTAM) CANCELLATION.
It is required that the manager of EASTERWOOD FLD, (979) 775-9900 be notified at least 3 business days
prior to the temporary structure being erected and again when the structure is removed from the site.
It is required that the manager of EASTERWOOD FIELD Air Traffic Control at 979-846-3998 be notified at
least 3 business days prior to the temporary structure being erected and again when the structure is removed
from the site. Additionally, please provide contact information for the onsite operator in the event that Air
Traffic Control requires the temporary structure to be lowered immediately.
This determination expires on 11/11/2023 unless extended, revised, or terminated by the issuing office.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
You must contact the FAA as specified above to request a Flight Data Center (FDC) Notice to Airman
(NOTAM) in order to coordinate the following:
At 603 AMSL, 1A, Easterwood Fld (CLL) College Station, TX. ILS or LOC RWY 35; RNAV (GPS) RWY
11; RNAV (GPS) RWY 17; RNAV (GPS) RWY 29; RNAV (GPS) RWY 35; VOR RWY 29; VOR or TACAN
RWY 11, increase Circling CAT B MDA from 880 to 920. NEH: 580 AMSL.
You must also contact the FAA as specified above when the temporary structure has been removed from the
site to cancel the NOTAM(s). If it specifies above that you must contact the FAA via e-filing, please visit the
instructions link at oeaaa.faa.gov and review the NOTAM Efile Desk Reference Guide for assistance.
Page 23 of 58
Page 5 of 6
TOPO Map for ASN 2022-ASW-8460-OE
Page 24 of 58
Page 6 of 6
Sectional Map for ASN 2022-ASW-8460-OE
Page 25 of 58
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2022-ASW-8461-OE
Page 1 of 6
Issued Date: 05/11/2022
Austin Lewis
Parallel Co. - 1st
506 W. 7th Street
Suite 1
Austin, TX 78701
**DETERMINATION OF NO HAZARD TO AIR NAVIGATION FOR TEMPORARY STRUCTURE**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Tower Crane Crane Pt 2
Location:College Station, TX
Latitude:30-37-08.70N NAD 83
Longitude:96-21-02.51W
Heights:345 feet site elevation (SE)
220 feet above ground level (AGL)
565 feet above mean sea level (AMSL)
This aeronautical study revealed that the temporary structure does exceed obstruction standards but would not
be a hazard to air navigation provided the condition(s), if any, in this letter is (are) met:
**SEE ATTACHMENT FOR ADDITIONAL CONDITION(S) OR INFORMATION**
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including
increase to heights, power or the addition of other transmitters, requires separate notice to the FAA. This
determination includes all previously filed frequencies and power for this structure.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of a structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this temporary structure on the safe and efficient use of navigable
airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law,
ordinance, or regulation of any Federal, State, or local government body.
Page 26 of 58
Page 2 of 6
A copy of this determination will be forwarded to the Federal Aviation Administration Flight Procedures Office
if the structure is subject to the issuance of a Notice To Airman (NOTAM).
If you have any questions, please contact our office at (817) 222-5933, or andrew.hollie@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2022-ASW-8461-OE
Signature Control No: 526439903-529864994 ( TMP )
Andrew Hollie
Specialist
Page 27 of 58
Page 3 of 6
Additional Condition(s) or Information for ASN 2022-ASW-8461-OE
Proposal: To construct and/or operate a(n) Tower Crane to a height of 220 feet above ground level, 565 feet
above mean sea level.
Location: The structure will be located 1.96 nautical miles north of CLL Airport reference point.
Case Description for ASN 2022-ASW-8461-OE
Filing tower cranes needed to construct building (bldg lead 2022-ASW-2418-OE).
Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any:
Section 77.17 (a) (2) by 20 feet - a height that exceeds 545 feet above mean sea level within 1.96 nautical miles
of CLL.
Section 77.17 (a) (5) a height that affects an Airport Surface by penetrating:
Section 77.19 (a) Horizontal Surface by 95 feet as applied to CLL.
Preliminary FAA study indicates that the above mentioned structure would:
have no effect on any existing or proposed arrival, departure, or en route instrument flight rules (IFR)
operations or procedures.
have no effect on any existing or proposed arrival, departure, or en route visual flight rules (VFR) operations.
have no effect on any existing or proposed arrival, departure, or en route instrument/visual flight rules (IFR/
VFR) minimum flight altitudes.
not exceed traffic pattern airspace
have no physical or electromagnetic effect on the operation of air navigation and communications facilities.
have no effect on any airspace and routes used by the military.
Based on this aeronautical study, the structure would not constitute a substantial adverse effect on aeronautical
operations or procedures because it will be temporary. The temporary structure would not be considered a
hazard to air navigation provided all of the conditions specified in this determination are strictly met.
As a condition to this Determination, the structure is to be marked/lighted in accordance with
FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, flags/red lights-Chapters
3(Marked),4,5(Red),14(Temporary),&15.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Airmen
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
It is required that the manager of EASTERWOOD FLD, (979) 775-9900 be notified at least 3 business days
prior to the temporary structure being erected and again when the structure is removed from the site.
It is required that the manager of EASTERWOOD FIELD Air Traffic Control at 979-846-3998 be notified at
least 3 business days prior to the temporary structure being erected and again when the structure is removed
from the site. Additionally, please provide contact information for the onsite operator in the event that Air
Traffic Control requires the temporary structure to be lowered immediately.
This determination expires on 11/11/2023 unless extended, revised, or terminated by the issuing office.
Page 28 of 58
Page 4 of 6
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
Page 29 of 58
Page 5 of 6
TOPO Map for ASN 2022-ASW-8461-OE
Page 30 of 58
Page 6 of 6
Sectional Map for ASN 2022-ASW-8461-OE
Page 31 of 58
John J. O’Neill, MBA,
Executive Director, Business Affairs
Texas A&M University Systems
301 Tarrow St., 5th Floor
College Station, TX 77840-7896
Re: 401 First Street Student Housing Project Height Variance (Case#AWV2022-000007)
Dear Mr. O’Neill:
Easterwood Management has reviewed the application for a height variance for two
temporary construction cranes at 401 First Street in College Station.
After reviewing both FAA letters of “Determination of No Hazard to Air Navigation for
Temporary Structure”, and meeting with members of Mitchell & Morgan, Easterwood
Airport Management has not objection to granting a temporary height variance.
Respectfully,
Kevin Davis
Easterwood Airport Management
Page 32 of 58
From:O"Neill, John
To:kerry@mitchellandmorgan.com; Derrick Williams; Crystal Fails; Michael Ostrowski; v@mitchellandmorgan.com;Anthony Armstrong
Cc:Cooper, Clint
Subject:First Street Student Housing - ZBA
Date:Friday, May 13, 2022 1:47:16 PM
***** This is an email from an EXTERNAL source. DO NOT click links or open attachmentswithout positive sender verification of purpose. Never enter USERNAME, PASSWORD or
sensitive information on linked pages from this email. *****
Anthony,
The Texas A&M University System (TAMUS) relies on the expertise of the Easterwood Airport
Management (EAM) team and the Federal Aviation Administration (FAA) to determine the impacts
of height variance requests which would or could affect the airport’s operations.
At this time, the EAM team has no objections to granting a temporary height variance and the FAA
has made determinations that NO HAZARD TO AIR NAVIGATION FOR TEMPORARY STRUCTURE is
present for the Tower Crane Pt 1 and Tower Crane Pt 2, which are associated with the 401 First
Street Student Housing project.
In consultation with the EAM team, the TAMU System has no objections based on the
determinations made by our subject matter experts in the field.
Thanks and should you need anything else, please feel free to contact me,
John
John J. O’Neill, MBA | Executive Director, Business Affairs
System Risk Management
joneill@tamus.edu
1262 TAMU | College Station, TX 77840-7896
Tel. 979.458.6234 | Fax 979.458.6247 | www.tamus.edu
Moore/Connally Building
301 Tarrow St., 5th Floor
College Station, TX 77840-7896
THE TEXAS A&M UNIVERSITY SYSTEM
Page 33 of 58
Zoning Board of Adjustment Page 1 of 5
June 16, 2022
VARIANCE REQUEST
FOR
201 DOMINIK DRIVE
AWV2022-000005
REQUEST:A variance to the Unified Development Ordinance Section 7.5.N. ‘Freestanding
Commercial Signs’ to allow for a second freestanding commercial sign, which
would be a 75 sq.ft. freestanding sign along a frontage with less than 76 linear
feet of right-of-way
LOCATION:201 Dominik Drive
College Hills Estates Phase 4, Block 18, Lot 10 and Culpepper Plaza Block A, Lots
1E, 1F-1 and 1F
ZONING:GC General Commercial
PROPERTY OWNER:Blue Baker Properties, LLC
APPLICANT:Wakefield Sign Service
PROJECT MANAGER:Jesse DiMeolo, Staff Planner
jdimeolo@cstx.gov
BACKGROUND: The applicant has submitted a variance application requesting a second
freestanding sign for Blue Baker restaurant. The Blue Baker building plot is on
approximately 1.5 acres of commercial land extending from Dominik Drive
through to George Bush Drive East. The original site is oriented to Dominik,
where it currently has a freestanding sign. This area along George Bush Drive
East began transitioning from a residential neighborhood to a commercial
corridor after George Bush Drive East was widened. Blue Baker acquired
property with 59.9 feet of frontage on George Bush Drive East and constructed
a right-in/right-out driveway to the existing restaurant fronting Dominik in 2019.
They are seeking approval of a second freestanding sign to allow better visibility
from George Bush East for their patrons.
The UDO Section 7.5.N. “Freestanding Commercial Signs” subsection 5 requires
certain criteria to be met for a property to have a second freestanding sign. The
building plot, as recognized on an approved Plat or Site Plan, must be fifteen
(15) acres or more in area with at least six hundred (600) feet of continuous
Page 34 of 58
Zoning Board of Adjustment Page 2 of 5
June 16, 2022
unsubdivided frontage on any major arterial street or higher (as classified on the
Thoroughfare Plan) and the site must have additional frontage on a street
classified as a minor arterial or greater on the Thoroughfare Plan, toward which
the additional Freestanding Commercial Sign may be displayed. With only 1.5
acres and no frontage to an arterial street or higher (Dominik is a local street at
this location and George Bush Drive East is a minor arterial), the property is not
eligible for a second freestanding sign; thus the applicant has requested a
variance to allow a second freestanding sign that is proposed to orient to
George Bush East.
The UDO Section 7.5.N.1 “Freestanding Commercial Signs” subsection 1 requires
that a property have at least 75 feet of frontage to utilize a freestanding sign
along that frontage, and the allowable size of the sign is based upon the linear
feet of frontage. The second freestanding sign proposed on the subject
property is approximately 8.5’ tall and 8’9” wide and located 18’11” from the
back of curb of George Bush Drive East. With less than 70 feet of frontage on
George Bush East, no freestanding sign would be allowed. In addition, the
proposed size of the sign would require at least 101 linear feet of frontage. If a
second freestanding sign were to be allowed for placement along George Bush
East, the variance would need to further acknowledge that it would be oriented
to George Bush East and the size of the sign would need to be specified.
APPLICABLE
ORDINANCE SECTION: UDO Section 7.5.N. ‘Freestanding Commercial Signs’
ORDINANCE INTENT: To establish clear and unambiguous regulations pertaining to signs in the City of
College Station and to promote an attractive community, foster traffic safety,
and enhance the effective communication and exchange of ideas and
communicate information.
RECOMMENDATION:Staff recommends denial of the variance.
NOTIFICATIONS
Advertised Board Hearing Date: June 16, 2022
The following neighborhood organizations that are registered with the City of College Station’s Neighborhood
Services have received a courtesy letter of notification of this public hearing:
College Hills Estates HOA
Property owner notices mailed: 14
Contacts in support: None at the time of this report
Contacts in opposition: None at the time of this report
Inquiry contacts: None at the time of this report
Page 35 of 58
Zoning Board of Adjustment Page 3 of 5
June 16, 2022
ZONING AND LAND USES
Direction Zoning Land Use
Subject Property GC General Commercial Restaurant
North GC General Commercial George Bush Drive East
South GC General Commercial Dominik Drive
East GC General Commercial College Hills Veterinary Hospital and
Single-Family Homes
West GC General Commercial Vacant restaurant space and Single-Family
Homes
PHYSICAL CHARACTERISTICS
1.Frontage: The subject property has approximately 60 feet of frontage on George Bush Drive East and 210
feet of frontage on Dominik Drive.
2.Access: The subject property takes primary access from Dominik Drive and secondary right-hand turn access
only from George Bush Drive East.
3.Topography and vegetation: The site is relatively flat with a four foot decrease in slope from the
northwestern to southeastern boundaries. There is not dense vegetation in this area.
4.Floodplain: The subject property is not located within the FEMA regulated floodplain.
REVIEW CRITERIA
According to Unified Development Ordinance Section 3.19.E ‘Criteria for Approval of Variance’, no variance shall
be granted unless the Board makes affirmative findings in regard to all nine of the following criteria:
1.Extraordinary conditions: That there are extraordinary or special conditions affecting the land involved such
that strict application of the provisions of the UDO will deprive the applicant of the reasonable use of his
land.
A special condition does exist on this property as the property has frontages on two different streets
without being a corner lot. While a special condition, the ordinance does make allowances for multiple
freestanding signs—yet the property is not large enough, the streets not classified at an intense enough
thoroughfare level, nor the frontages long enough to meet the requirement for a second freestanding sign.
If there were no freestanding sign on Dominik, a sign would still not be permitted along George Bush Drive
as the frontage is not long enough to allow a freestanding sign to be oriented to it. The sign ordinance does
allow for a smaller sign at the driveway entrance at George Bush that could be three square feet in area, up
to four feet in height, and located four feet from the back of curb (referred to as a Directional Traffic Control
Page 36 of 58
Zoning Board of Adjustment Page 4 of 5
June 16, 2022
Sign in the UDO). Strict application of the UDO sign ordinance would not deprive the applicant of the
reasonable use of their land.
2.Enjoyment of a substantial property right: That the variance is necessary for the preservation and
enjoyment of a substantial property right of the applicant.
The variance is not necessary for the preservation and enjoyment of the substantial property right of the
applicant. If the proposed variance is not granted, the applicant will still have the ability to utilize other sign
options like a directional traffic control sign located at the George Bush Drive East curb cut.
3.Substantial detriment: That the granting of the variance will not be detrimental to the public health, safety,
or welfare, or injurious to other property in the area, or to the City in administering this UDO.
Granting the variance may be detrimental in the future. When the area fully transitions to commercial, the
proposed sign on a smaller frontage may compete with signs on neighboring properties for visual
dominance of the corridor.
4.Subdivision: That the granting of the variance will not have the effect of preventing the orderly subdivision of
land in the area in accordance with the provisions of this UDO.
The granting of the variance will not prevent the orderly subdivision of land in the area in accordance with
the provisions of the UDO as the entire area is already subdivided and final platted.
5.Flood hazard protection: That the granting of the variance will not have the effect of preventing flood
hazard protection in accordance with Article 8, Subdivision Design and Improvements.
The granting of this variance will not have the effect of preventing flood hazard protection in accordance
with Article 8, Subdivision Design and Improvements due to no portion of this property being located within
floodplain.
6.Other property: That these conditions do not generally apply to other property in the vicinity.
The surrounding area is occupied by neighboring restaurants, single-family homes, and commercial
properties, all of which are subject to the signage requirements as specified in UDO Section 7.5 ‘Signs’. The
subject property is currently the only building plot on this block that has frontage on two streets without
being a corner lot.
7. Hardships: That the hardship is not the result of the applicant’s own actions.
The applicant has stated that the hardship is that “The client has no clear signage at day or night to safely
guide his clientele that is coming from a farther distance.” The hardship is not a result of a special condition
related to the subject property or building. The hardship is a result of the applicant’s desire to advertise the
proposed business with additional Freestanding Commercial Signage that is not permitted per UDO Section
7.5.N. ‘Freestanding Commercial Signs’. The UDO provides several different sign options on a property, but
these options are based upon the scale of the development, the amount of frontage, and the classification
of the adjacent thoroughfare, which takes into account vehicle speeds in relation to sign size.
8.Comprehensive Plan: That the granting of the variance would not substantially conflict with the
Comprehensive Plan and the purposes of this UDO.
The granting of this variance does not substantially conflict with the Comprehensive Plan.
Page 37 of 58
Zoning Board of Adjustment Page 5 of 5
June 16, 2022
9.Utilization: That because of these conditions, the application of the UDO to the particular piece of property
would effectively prohibit or unreasonably restrict the utilization of the property.
The application of the UDO standards does not effectively prohibit or unreasonably restrict the applicant in
the utilization of their property. The property may still be used as a restaurant and signage options are
available for the business.
ALTERNATIVES
An alternative to a second freestanding sign located on George Bush East is the utilization of a directional traffic
control sign on this frontage. This sign at the curb cut could help drivers identify the business’s driveway.
If a variance were to be granted for a secondary freestanding sign, the Zoning Board of Adjustment could allow
for the proposed sign or consider a smaller freestanding sign or low-profile sign (up to 60 sq.ft. in area and 4 feet
in height located 10 feet or greater from the from the right-of-way).
STAFF RECOMMENDATION
Staff recommends denial of the variance request due to the application not making affirmative findings to all
nine waiver criteria.
ATTACHMENTS
1. Vicinity Map, Aerial, and Small Area Map
2. Applicant’s Supporting Information
3. Variance Exhibit
4. Blue Baker Site Plan
Page 38 of 58
Page 39 of 58
Page 40 of 58
Page 41 of 58
Page 1 of 2
APPEAL/WAIVER APPLICATION
SUPPORTING INFORMATION
Name of Project: BLUE BAKER DOMINIK DR. ADDITIONAL FREESTANDING SIGN
Address: 201 DOMINIK DR
Legal Description: CULPEPPER PLAZA, BLOCK A, LOT 1E & 1F-1 & 1F
Applicant: WAKEFIELD SIGN SERVICE
Property Owner: BLUE BAKER PROPERTIES LLC
Applicable ordinance section being appealed/seeking waiver from:
Article 7 Section 5 Subpart N Part 5
The following specific variation to the ordinance is requested:
To be allowed additional freestanding sign
The following special condition exists:
With the new drive-thru entrance for the facility, new signage is needed to help safely guide customers into the
lane, and a sign that is big enough to not be hidden by trees and seen from a far enough distance to alert the
driver before coming upon the entrance.
The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial
hardship is/are:
The client has no clear signage at day or night to safely guide his clientele that is coming from a farther
distance.
The following alternatives to the requested variance are possible:
Relocate the existing freestanding sign from the other side of the lot to this entrance location, but this would
leave the other side without guidance.
Page 42 of 58
Page 2 of 2
The variance will not be contrary to public interest due to:
It will help guide the customers more clearly and help protect themselves and other drivers.
Page 43 of 58
Pickup Window
OPEN CHANNEL LETTER/
G12.5 BLUE LED LIGHT BULB
100” X 91” ALUMINUM CABINET,
FINISHED MAP METALLIC SILVER
EFFICE MASONRY BASE TO MATCH
BUILDING
1/2” X 9” PUSH-THRU ACRYLIC
GRAPHICS
VARIANCE
This drawing was created to assist you invisualizing our proposal. The original ideasherein are the property of Wakefield Sign Service. Permission to copy or revise this drawing can only be obtained thru a writtenagreement with Wakefield Sign Service.The use of these drawings withoutpermission from Wakefield Sign Servicewill result in a $500 fee.
DESIGNER:
CLIENT:
PROJECT ADDRESS:
CLIENT NAME:
ORIGINAL DATE:
CITY / STATE / ZIP:
BLUE BAKER
201 DOMINIK DR.
COLLEGE STATION, TX 77845
DAVE FOX
BEKHA BLASINGAME
05/17/2021
DESIGN NUMBER:
21-0517
PAGE OF13
CLIENT CONTACT / BILLING
Dave Fox201 Dominik Dr. College Station, TX 77845979-695-5055davefox@bluebaker.com
10187 State Highway 30College Station, TX 77845
www.signsourcetx.com
(979)776-5800
sales@signsourcetx.com
(979)776-5099
yesco@signsourcetx.com
www.yesco.com/centraltexas
CUSTOMER APPROVAL
Client Signature / Date
Landlord Signature / Date
Like and Follow us onSocial Media!
@WakefieldSignService
7’ - 0”
(84”)
7’ - 11.75”
(91.75”)
8’ - 9”
(105”)(74 SQFT)
8’ - 5.5”
(101.5”)
1’ - 0”
(12”)
1’ - 8”
(20”)
0’ - 5”
(5”)
0’ - 5”
(5”)
A3.1 / QTY. 1 / DOUBLE-SIDED PYLON SIGN / DETAILS
Page 44 of 58
Pickup Window
18’-11”
(227”)
VARIANCE
This drawing was created to assist you invisualizing our proposal. The original ideasherein are the property of Wakefield Sign Service. Permission to copy or revise this drawing can only be obtained thru a writtenagreement with Wakefield Sign Service.The use of these drawings withoutpermission from Wakefield Sign Servicewill result in a $500 fee.
DESIGNER:
CLIENT:
PROJECT ADDRESS:
CLIENT NAME:
ORIGINAL DATE:
CITY / STATE / ZIP:
BLUE BAKER
201 DOMINIK DR.
COLLEGE STATION, TX 77845
DAVE FOX
BEKHA BLASINGAME
05/17/2021
DESIGN NUMBER:
21-0517
PAGE OF23
CLIENT CONTACT / BILLING
Dave Fox201 Dominik Dr. College Station, TX 77845979-695-5055davefox@bluebaker.com
10187 State Highway 30College Station, TX 77845
www.signsourcetx.com
(979)776-5800
sales@signsourcetx.com
(979)776-5099
yesco@signsourcetx.com
www.yesco.com/centraltexas
CUSTOMER APPROVAL
Client Signature / Date
Landlord Signature / Date
Like and Follow us onSocial Media!
@WakefieldSignService
RECEIVE 5% OFF
YOUR ORDER
All you need to do isLike and Follow us onFacebook for 5% offthis sign order!($300 max disc. / single use offer)
@WakefieldSignService
A3.1 / QTY. 1 / DOUBLE-SIDED PYLON SIGN / LAYOUT
NEW SIGN PLACEMENT
EXISTING
Page 45 of 58
VARIANCE
This drawing was created to assist you invisualizing our proposal. The original ideasherein are the property of Wakefield Sign Service. Permission to copy or revise this drawing can only be obtained thru a writtenagreement with Wakefield Sign Service.The use of these drawings withoutpermission from Wakefield Sign Servicewill result in a $500 fee.
DESIGNER:
CLIENT:
PROJECT ADDRESS:
CLIENT NAME:
ORIGINAL DATE:
CITY / STATE / ZIP:
BLUE BAKER
201 DOMINIK DR.
COLLEGE STATION, TX 77845
DAVE FOX
BEKHA BLASINGAME
05/17/2021
DESIGN NUMBER:
21-0517
PAGE OF33
CLIENT CONTACT / BILLING
Dave Fox201 Dominik Dr. College Station, TX 77845979-695-5055davefox@bluebaker.com
10187 State Highway 30College Station, TX 77845
www.signsourcetx.com
(979)776-5800
sales@signsourcetx.com
(979)776-5099
yesco@signsourcetx.com
www.yesco.com/centraltexas
CUSTOMER APPROVAL
Client Signature / Date
Landlord Signature / Date
Like and Follow us onSocial Media!
@WakefieldSignService
RECEIVE 5% OFF
YOUR ORDER
All you need to do isLike and Follow us onFacebook for 5% offthis sign order!($300 max disc. / single use offer)
@WakefieldSignService
A3.1 / QTY. 1 / DOUBLE-SIDED PYLON SIGN / AERIAL VIEW
NEW SECOND FREESTANDING SIGN
EXISTING FREESTANDING SIGN
Page 46 of 58
LEGEND
GEORGE BU
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DOMINIK DR
LOT 1E, 1F-1 AND 1F-2
BLOCK A
BLOCK 10
LOT 18
SCALE
PLOTTING SCALE:
VERTICAL
HORIZONTAL
SURVEYED
DLD
DESIGNED
DLD
DRAWN APPROVED
JPS
JOB NO.DATE 1:1
17-50917-509
BLUE BAKER
201 DOMINIK DRIVE
LOT 10, BLOCK 18, COLLEGE HILLS ESTATES, PH.4
LOTS 1E, 1F-1 AND 1F-2, BLOCK A, CULPEPPER PLAZA
COLLEGE STATION, BRAZOS COUNTY, TXNOVEMBER 2018
SHEET
FILE NAME:KERR
911 Southwest Pkwy E.
College Station, Texas 77840
979.764.3900
TBPE FIRM NO. 12327 1"=20'
N/ASITE AND EROSION
CONTROL PLAN C1
“”
FIRE LANE SIGN DETAIL
N.T.S.
PVC SLEEVE DETAIL
N.T.S.
TYPICAL CONCRETE PAVING SECTION DETAIL
N.T.S.
TYPICAL CURB DETAIL
N.T.S.
VICINITY MAP
T
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A
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NOT TO SCALE
GEO
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DOMINI
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STORM DRAIN INLET PROTECTION DETAIL
N.T.S.
11/5/2018
REVIEWED FOR COMPLIANCE
CITY OF COLLEGE STATION
PLANNING & DEVELOPMENT SERVICES
PLANNING DIVISION
RACHEL LAZO, STAFF PLANNER
11/08/2018
REVIEWED FOR COMPLIANCE
CITY OF COLLEGE STATION
PLANNING & DEVELOPMENT SERVICES
ENGINEERING DIVISION
ALMA GUERRA, EIT, ENGINEER I
11/08/2018
Page 47 of 58
Planning & Development Services 1101 Texas Avenue, PO Box 9960 College Station, TX 77840
Office 979.764.3570 / Fax 979.764.3496
MEMORANDUM
June 7, 2022
TO:Members of the Zoning Board of Adjustment
FROM:Molly Hitchcock, AICP
Assistant Director, Planning & Development Services
SUBJECT:UDO amendment regarding the Zoning Board of Adjustment
Item:Presentation and discussion regarding a Unified Development Ordinance amendment the
City Council will consider at their regular meeting on June 9, 2022 related to the powers, duties,
and processes of the Zoning Board of Adjustment.
Background: This item is to inform the Zoning Board of Adjustment that an ordinance
amendment is currently being processed to several sections of the UDO having to do with the
ZBA. This amendment was necessitated by changes to state statute in the last two legislative
sessions that alter deadlines and processes. Because necessary changes to the UDO were
being made, staff proposed a few additional changes to the existing code to improve clarity.
These staff-initiated clarifications will not impact the powers, duties, or processes of the Board,
but rather make it easier for all citizens to easily see the extent of the ZBA’s powers and to help
staff present the criteria for a variance in a more logical manner. An update on the City
Council’s action on the amendment will be provided to the ZBA at your next meeting.
Summary: A Unified Development Ordinance amendment is being proposed to align the
ordinance with state statutes related to the Zoning Board of Adjustment. H.B. 1475 (87th Texas
Legislature) allowed, for the first time, financial hardships to be considered in variance
proceedings for non-conforming structures. H.B. 2497 (86th Legislature) allowed for appeals to
ordinance interpretations not related to a specific project or address to be brought forward by
interested parties. H.B. 2497 also established a timeframe in which an administrative appeal
may be made and how it is to be processed. Proposed amendments to Section 3.17 “Written
Interpretation” and 3.20 “Administrative Appeal” are solely to bring current language into
compliance with state statute. Section 3.19 “Variance” too has new language that also mirrors
state statute, but also reorders the list of variance criteria into a more logical approach for
discussion.
In addition to these necessary changes, the powers and duties of the Zoning Board of
Adjustment are proposed to be updated to reflect all responsibilities assigned to it throughout
Page 48 of 58
the Code of Ordinances of the City of College Station and by the Easterwood Field Joint Airport
Zoning Board. Having a comprehensive list of ZBA responsibilities in the UDO will assist in the
determination of the appropriate appellate body for Code variances and clearly establish
minimum notification procedures.
Supporting Materials:
1. Section 2.3 Zoning Board of Adjustment redlines
2. Section 3.17 Written Interpretation redlines
3. Section 3.19 Variance redlines
4. Section 3.20 Administrative Appeal redlines
Page 49 of 58
Created: 2021-08-25 07:53:39 [EST]
(Supp. No. 5, Update 7)
Page 1 of 3
Sec. 2.3. Zoning Board of Adjustment.
A.Creation.
The City Council shall provide for the appointment of a Zoning Board of Adjustment (ZBA) and the regulations
and restrictions adopted shall be pursuant to the provisions of applicable statutory requirements of the State
of Texas.
B.Membership and Terms.
1.Number, Appointment.
The Zoning Board of Adjustment shall consist of five (5) members who are residents of the City and
eligible voters. Appointment of members shall be made by the City Council. The City Council may
provide for the appointment of four (4) alternate members of the Board of Adjustment who shall serve
in the absence of one (1) or more regular members when requested to do so.
2.Terms.
Each member of the Zoning Board of Adjustment shall be appointed for a term of two (2) years, except
that two (2) members appointed initially shall have terms of only one (1) year. After the initial
appointments, two (2) members shall be appointed in odd-numbered years to maintain a membership
of five (5) members. Any alternate members appointed shall serve for the same period as the regular
members and any vacancies shall be filled in the same manner as the regular members.
3.Vacancies.
Vacancies shall be filled by the City Council for the unexpired term of any member whose term
becomes vacant.
C.Officers, Meetings, Quorum.
1.Officers.
A Chairperson shall be appointed annually by the City Council. The ZBA shall select a Vice-Chair from
among its members as needed.
2.Meetings.
Meetings of the Zoning Board of Adjustment shall be held at the call of the Chairperson and at such
other times as the Board may determine. Such Chairperson, or in his absence the acting Chairperson,
may administer oaths and compel the attendance of witnesses. All meetings of the Board where a
quorum is present shall be open to the public.
3.Quorum.
All cases heard by the Zoning Board of Adjustment will always be heard by a minimum number of four
(4) members. Four (4) members shall constitute a quorum for transaction of business and no variance
or appeal shall be granted without a concurring vote of four (4) members.
4.Rules of Proceeding.
The Zoning Board of Adjustment shall adopt its own rules of procedure.
5.Minutes.
The Zoning Board of Adjustment shall keep minutes of its proceedings, indicating the vote of each
member on each question or the fact that a member is absent or fails to vote, and shall keep records of
its examinations and other official actions. The minutes and records shall be filed in the office of the
Administrator and shall be a public record.
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Created: 2021-08-25 07:53:39 [EST]
(Supp. No. 5, Update 7)
Page 2 of 3
D.Powers and Duties.
The Zoning Board of Adjustment shall have the following powers and duties:
1.Variances.
To hear and decide requests for variance from the setback, parking number or dimensions, parking
island number or dimensions, sign (excluding sign regulations in the ETJ), maximum height, or lot size
or dimension requirements of this UDO. Also, to hear and decide drainage variances (excluding
landscaping provisions) in accordance with Chapter 105 “Floods,” Article II “Flood Hazard Protection”
of the City of College Station Code of Ordinances when strict application of the provisions of the
ordinance would result in unnecessary hardship.
Specifically excluded from the variance process are requests for relief from a site plan requirement
imposed by the Administrator when the requirement was necessary to gain compliance with the
criteria for approval of a site plan in Section 3.6.E, Site Plan Review Criteria. Such requests will be heard
and decided by the Design Review Board.
Also excluded are roadway and infrastructure construction criteria and other subdivision regulations
contained with Article 8, Subdivision Design and Improvements. Such requests shall require waivers
granted by the Planning and Zoning Commission.
2.Administrative Appeals.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision,
interpretation, or determination made by the Administrator or his designee in the enforcement of this
UDO.
3.Official Zoning Map.
To interpret the intent of the Official Zoning Map where uncertainty exists because the physical
features on the ground vary from those on the Official Zoning Map.
4.Nonconformities.
To hear and decide requests for the completion, enlargement, extension, or structural alteration of
buildings and structures devoted to non-conforming uses in accordance with Section 9.2
‘Nonconforming Uses’ of this UDO.
5. Special Exceptions.
To hear and decide requests for special exceptions for the parking of vehicles on residential yards in
accordance with Chapter 38 ‘Traffic and Vehicles,’ Article II ‘Stopping, Standing, and Parking,’ Section
38-43 ‘Parking, standing, or storing of recreational vehicles, trailer, or trucks in residential areas’ of the
City of College Station Code of Ordinances.
6. Distance Requirements
To hear and consider deviations from the distance requirements for the keeping of domestic livestock,
fowl, and rabbits in accordance with Chapter 6 ‘Animals,’ Article V ‘Livestock, Birds, Exotic Animals and
Wild Animals’ of the City of College Station Code of Ordinances.
7.Easterwood Field Airport Zoning.
To hear and decide requests for appeals, special exemptions, and variances related toin accordance
with the Easterwood Field Airport Zoning Ordinance.
E.Staff.
The Administrator shall provide staff, as needed, to the Zoning Board of Adjustment.
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Created: 2021-08-25 07:53:39 [EST]
(Supp. No. 5, Update 7)
Page 3 of 3
(Ord. No. 2013-3471 , Pt. 1(Exh. A), 1-10-2013)
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Created: 2021-08-25 07:53:39 [EST]
(Supp. No. 5, Update 7)
Page 1 of 1
Sec. 3.17. Written Interpretation.
A.Applicability.
The Administrator shall have authority to make all written interpretations concerning the provisions of this UDO.
B.Request for Interpretation.
A request for interpretation shall be submitted to the Administrator in a form established by the
Administrator and made available to the public. Such request shall only be made during development review
or when a code enforcement requirement is in question.
C.Interpretation by Administrator.
1. The Administrator shall:
a. Review and evaluate the request in light of the text of this UDO, the Official Zoning Map, the
Comprehensive Plan, the Subdivision Regulations, and any other relevant information;
b. Consult with other staff, as necessary; and
c. Render an opinion.
2. The interpretation shall be provided to the applicant in writing.
D.Official Record.
The Administrator shall maintain an official record of interpretations. The record of interpretations shall be
available for public inspection during normal business hours.
E.Appeal.
Appeals of written interpretations made by the Administrator shall be filed only by a party affected by the
written interpretation with the Zoning Board of Adjustment or for appeals of written interpretations of the
Subdivision Regulations, the Planning and Zoning Commission, within thirty (30)twenty (20) days of the
decision in accordance with the procedures found in the Administrative Appeals Section in Article 3 of this
UDO. If no appeal is filed within thirty (30)twenty (20) days, the written interpretation shall be final.
(Ord. No. 2012-3449 , Pt. 1(Exh. E), 9-27-2012)
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Created: 2021-08-25 07:53:39 [EST]
(Supp. No. 5, Update 7)
Page 1 of 3
Sec. 3.19. Variance.
A.Purpose.
The Zoning Board of Adjustment shall have jurisdiction to hear requests for a variance from the terms of this UDO.
The Zoning Board of Adjustment shall be authorized to grant a variance from the terms hereof if, and only if, they
find that the strict enforcement of this UDO would create a substantial hardship to the applicant by virtue of
unique special conditions not generally found within the City, and that the granting of the variance would preserve
the spirit and intent of the Ordinance, and would serve the general interests of the public and the applicant.
Variances may be granted only when in harmony with the general purpose and intent of this UDO so that public
health, safety, and welfare may be secured and substantial justice done.
B.Applicability.
The Zoning Board of Adjustment shall have the authority to grant variances from the standards in this UDO
except for waivers of the standards in Article 8, Subdivision Design and Improvements, which may be made
by the Planning and Zoning Commission during the subdivision process, and requests for relief from a site
plan requirement imposed by the Administrator when the requirement was necessary to gain compliance
with the criteria for approval of a site plan in the Site Plan Review Section in Article 3 of this UDO, which may
be made by the Design Review Board. Any variance request up to ten (10) percent may be treated as an
Administrative Adjustment subject to the requirements of the Administrative Adjustment Section in Article 3
of this UDO.
C.Application.
A complete application for a variance shall be submitted to the Administrator as set forth in the General
Approval Procedures Section in Article 3 of this UDO.
D.Action by the Zoning Board of Adjustment.
1.Public Hearing.
Following notice in accordance with the General Approval Procedures Section in Article 3 of this UDO,
the Zoning Board of Adjustment shall hold a public hearing.
2.Variance Review.
Upon completion of the public hearing and after review of the variance application subject to the
criteria listed in Section E below, the Zoning Board of Adjustment shall make a written finding and give
its approval, approval with limitations, or disapproval of the variance.
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Created: 2021-08-25 07:53:39 [EST]
(Supp. No. 5, Update 7)
Page 2 of 3
E.Criteria for Approval of Variance.
1.Required Findings.
The Zoning Board of Adjustment may authorize a variance from the requirements of this UDO when an
unnecessary hardship would result from the strict enforcement of this UDO. In granting a variance, the
Zoning Board of Adjustment shall prescribe only limitations that it deems not prejudicial to the public
interest. In making the required findings, the Zoning Board of Adjustment shall take into account the
nature of the proposed use of the land involved, the existing use of land in the vicinity, the possibility
that a nuisance will be created, and the probable effect of such variance upon traffic conditions and
upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the
Board makes affirmative findings in regard to all of the following criteria:
a.Extraordinary Conditions.
That there are extraordinary or special conditions affecting the land involved such that strict
application of the provisions of this UDO will deprive the applicant of the reasonable use of his
land. For example, the variance is justified because of topographic or other special conditions
unique to the property and development involved, in contradistinction to the mere
inconvenience or financial disadvantage.
b.Other Property.
That these conditions do not generally apply to other property in the vicinity.
cb.Enjoyment of a Substantial Property Right.
That the variance is necessary for the preservation and enjoyment of a substantial property right
of the applicant.
c. d.Hardships.
That the hardship is not the result of the applicant's own actions.
The Board may consider the following as grounds to determine whether compliance with this
ordinance as applied to a structure that is the subject of the appealvariance would result in
unnecessary hardship:
1) The financial cost of compliance is greater than fifty percent (50%) of the appraised value
of the structure as shown on the most recently approved municipal tax roll;
2) Compliance would result in a loss to the lot on which the structure is located of at least 25
percent (25%) of the area on which development may physically occur;
3) Compliance would result in the structure not being in compliance with a requirement of a
City ordinance, building code, or other requirement;
4) Compliance would result in the unreasonable encroachment on an adjacent property or
easement; or
5) The City considers the structure to be a nonconforming structure.
Substantial Detriment.
That the granting of the variance will not be detrimental to the public health, safety, or welfare,
or injurious to other property in the area, or to the City in administering this UDO.
de.Subdivision.
That the granting of the variance will not have the effect of preventing the orderly subdivision of
other land in the area in accordance with the provisions of this UDO.
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(Supp. No. 5, Update 7)
Page 3 of 3
ef.Flood Hazard Protection.
That the granting of the variance will not have the effect of preventing flood hazard protection in
accordance with Article 8, Subdivision Design and Improvements.
f.Other Property.
That these conditions do not generally apply to other property in the vicinity.
g.Hardships.
That the hardship is not the result of the applicant's own actions.
hg.Comprehensive Plan.
That the granting of the variance would not substantially conflict with the Comprehensive Plan
and the purposes of this UDO.
ih.Utilization.
That because of these conditions, the application of the UDO to the particular piece of property
would effectively prohibit or unreasonably restrict the utilization of the property.
i.Substantial Detriment.
That the granting of the variance will not be detrimental to the public health, safety, or welfare,
or injurious to other property in the area, or to the City in administering this UDO.
2.Limitations.
The Zoning Board of Adjustment may not grant a variance where the effect would be any of the
following:
a. To allow the establishment of a use not otherwise permitted in the applicable zoning district;
b. To increase the density of a use, above that permitted by the applicable district;
c. To extend physically a nonconforming use of land; or
d. To change the zoning district boundaries shown on the Official Zoning Map.
3.Profitability Not to Be Considered.
The fact that property may be utilized more profitably should a variance be granted may not be
considered grounds for a variance.
(Ord. No. 2012-3449 , Pt. 1(Exh. E), 9-27-2012)
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Created: 2021-08-25 07:53:39 [EST]
(Supp. No. 5, Update 7)
Page 1 of 2
Sec. 3.20. Administrative Appeal.
A.Applicability.
1. Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved by, or any officer or
department affected by, specific points found in any of the following final decisions of the
Administrator:
a. Written interpretations of the text of this UDO; or
b. Denial of Building Permit or site plan based on interpretation of Article 7, General Development
Standards.
2. Appeals to the Planning and Zoning Commission may be taken by any person aggrieved by, or any
officer or department affected by specific points found in the Administrator's written interpretations of
the text of the Subdivision Regulations.
B.Effect of Appeal.
An appeal to the ZBA stays all legal proceedings in furtherance of the action appealed from, unless the
Administrator from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of
appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his
opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise
than by a restraining order which may be granted by the Board or by a Court of record on application, on
notices to the officer from whom the appeal is taken, and on due cause shown.
C.Deadline for Submission of Application.
An appeal from any final decision of the Administrator or Director of Planning and Development Services
shall be filed with the Administrator within thirty (30)twenty (20) days of receipt of the decisionafter the
date the decision is made. If no appeal is filed within thirty (30)twenty (20) days, the decision shall be final.
D.Application.
A complete application for an administrative appeal shall be submitted to the Administrator as set forth in
the General Approval Procedures Section in Article 3 of this UDO.
E.Record of Administrative Decision.
The Administrator shall forthwith transmit to the Zoning Board of Adjustment or the Planning and Zoning
Commission, as appropriate, all the papers constituting the record of the action appealed.
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Page 2 of 2
F.Hearing.
The Zoning Board of Adjustment or Planning and Zoning Commission, as appropriate, shall set a reasonable
time for the appeal hearing and hear the appeal within sixty (60) days of the date of the appeal application or
such extension as requested by the applicant or Administrator, give public notice as set forth in the General
Approval Procedures Section in Article 3 of this UDO, as well as due notice to the parties in interest, and The
Board or Commission shall decide the appeal at their next meeting for which notice can be provided
following the hearing and not later than the sixtieth (60th) day after the date the appeal is filed.decide the
same within a reasonable time.
G.Final Action by Zoning Board of Adjustment or Planning and Zoning Commission.
The Zoning Board of Adjustment or Planning and Zoning Commission, as appropriate, may only consider the
specific interpretive language of the Administrator and may reverse or affirm wholly or partly, or may modify
the interpretation appealed from. In any case, the Board or Commission shall only present findings regarding
specific errors made in the Administrator's interpretation.
(Ord. No. 2012-3449 , Pt. 1(Exh. E), 9-27-2012)
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