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HomeMy WebLinkAbout11/06/1990 - Regular Minutes - Zoning Board of AdjustmentsMINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment November 6, 1990 7:00 P.M. MEMBERS PRESENT: Chairman Henry, Vice Chairman Baker, Members Cronan, Lane and Alternate Member Kennady (arrived during agenda item #3) Council Liaison Gardner was in the audience. MEMBERS ABSENT: Member Yarbrough, Alternate Members Webb, Gaston, Phinney, and DeOtte. STAFF PRESENT: Senior Planner Kee, Planning Assistant Kuenzel, Assist. City Attorney Coates, and Planning Technician Rosier. (City Planner Callaway and Development Rev. Coord. Volk were in the audience.) AGENDA ITEM NO. 1: Call to Order - explanation of functions and limitations of the Board. Chairman Henry called the meeting to order. AGENDA ITEM NO. 2: Approval of Minutes - meeting of October 16, 1990. Ms. Baker made a motion to approve the minutes as submitted. Mr. Cronan seconded the motion which carried unanimously. (4-O) AGENDA ITEM NO. 3: Consideration of a request for a variance to the rear setback requirements at 315 Suffolk. Application is in the name of David G. Woodcock. Architect for owners Mr. and Mrs. steven Strawn. Planning Assistant Kuenzel presented the staff report. She said that the applicant is requesting a 15 foot variance in ,..order to build a garage at the existing curb cut. She showed sides of the site. She said that alternative locations 'for the garage exist, but the applicant maintains that a conforming location would take away much of their rear yard. Kuenzel explained the history of variance requests for this neighborhood. Chairman Henry clarified his understanding that the proposed location for the new garage would be approximately 35 feet from the neighbor's garage across the alley. Mr. Woodcock came forward and was sworn in. He stated that a conforming location would put the garage only 25' from the ~ house which he believed would create other hazards. • Community Development Project Coordinator Hall approached the Board and was sworn in by Chairman Henry. He informed the Board that the City acquired the property and wished to rehabilitate the structure to provide low income housing. Mr. Hall said that after the property was acquired, the occupants had the option of staying in the home or selling the entire lot 28' from the pavement and 18 i/2' from the Right of Way. Anton Slafka of 129 Millers Lane approached the Hoard and was sworn in by Chairman Henry. He expressed concern regarding the dangers of the shortened driveway accessing the proposed four lane highway. Mr. Gaston informed Mr. Slafka that the decision made by the Zoning Board of Adjustments would not determine whether someone would be able to live in the structure. If the variance was denied, the house could be occupied as a legal non-conforming use. Mr. Henry stated that if the remodeling costs exceed 60$ of the appraised value, the structure would have to comply with all City codes. The Zoning Board of Adjustments will not consider the habitability of the structure. The fact that Community Development is trying to provide low income housing is irrelevant to the variance request. • Mr. Slafka informed the Board that he and many of his neighbors were against the granting of the variance request. Joann Slafka of 129 Millers Lane approached the Board and was sworn in by Chairman Henry. She expressed concern regarding the sub-standard lot size. If the structure was demolished, a dwelling constructed in compliance with the Zoning Ordinance would be small in her opinion. Ms. Kuenzel stated that if the structure was demolished, the property would be replatted to meet City requirements. Ms. Slafka informed the Board that she objects to the granting of the variance request due to the traffic hazard created and the dangers to children being too close to a major highway. Mr. Cronan asked Mr. Hall the reasoning of requesting a variance if the renovation costs did not exceed 60$ of the appraised value. Mr. Hall stated that Community Development wanted feedback from neighboring residents as well as meet all City standards. He added that the department was looking into adding a circular drive or a driveway turnaround to lessen the traffic hazards. • Mr. Gaston asked staff if two variances would be required. One regarding the minimum lot depth and one to the minimum setback requirements. • Ms. Kuenzel informed the Board that only one variance regarding the front setback would be required. Because the lot depth is existing, a variance is not required. Mr. Gaston moved to approve the variance request provided a circular or turnaround driveway be constructed. Mr. Lane seconded the motion stating that safety concerns should be concentrated on during renovation. The motion carried unopposed by a vote of 4 - 0. A(:FNnA TTFM N(1. d. Consideration of a revised variance request application to the Zoning Board of Adjustments. Assistant City Attorney Coates informed the Board that both agenda items four and five could be considered together. He stated that he revised the application and rules to make them more understandable to the general public. The substance of the rules was not altered, only the organization. Council Liaison Gardner addressed the Board requesting the dates of regular meetings and asked if all members are notified if a meeting is cancelled. He stated that during slower months one meeting a month would be sufficient. Planning Assistant Kuenzel explained that meetings were scheduled every first and third Tuesday of each month. All members as well as other concerned parties are notified if a meeting is cancelled. Mr. Gardner suggested the following revision to the rules of the Zoning Board of Adjustments: (1) Page one, paragraph one, sentence three should state, "Positive action requires an affirmative vote by at least four of the five members". (2) Page one, part I, section H should state, "An applicant must submit anon-refundable $75.00 fee, payable to the City of College Station, to defray notification costs". (3) Page four, part II, section I should be reworded to prohibit the applicant from submitting the same request. The request should be different or new information should be presented. Chairman Henry stated that an appeal is usually revised; however, staff should have the authority to determine whether an applicant has changed the request sufficiently to be reconsidered by the Board. AC;FNnA TTFM Nn_ s. Consideration of revised rules of the Zoning Board of Adjustments. See agenda item number 4. A(;FNnA TTFM Nn_ ~~ Other business. Planning Assistant Kuenzel gave a follow-up report concerning the movieltheater parking lot variance request of the preceding meeting After investigation of the number of parking spaces required per seat, the current .25 parking spaces per seat standard is supported through numerous sources. The most current literature and studies of parking spaces required for movie theaters do not include a direct relation between the number of screens to the number of parking spaces. However, the standard was revised in 1989 to adjust the ratio for multi-screened theaters. Chairman Henry agreed and stated that the current figures were "liberal" in that there are normally two people per car instead of the four people per car as suggested by the Ordinance. gC;FNnA TTFM rTC] _ 7 . Adjourn . Mr. Lane moved to adjourn the meeting of the Zoning Board of Adjustments. Chairman Henry seconded the motion which passed unopposed (4-0). APPROVED: =~e~~ Chairman, Bre Henry ATTEST: City Secretary, Connie Hooks ZONING BOARD OF ADJUSTMENT ~ORMAT FOR POSITIY$ MOTION Variances from Section 15 Ordinance 1638 I move to authorize a variance to the ________yard (Section 8.7) ________lot width (Table A) ________lot depth (Table A) ___~___minimum setback (Table A) ________parking requirements (Section 9) from the terms of this ordinance as it will not be contrary to the public interest, due to the followsj~e~p~cial conditions: --- Ll/i // - s ------------~.n--- ------ ------------------------- ~~5-f-l~~2 ~ C..~---~~ ~Ya.G~C~~ 5~ C--~--- Z~ ~° -------------------------------------------------------------------- and because a strict enforcement of the provisions of the ordinance would result in unnecessary herds ip to this applican~ng: . ~ `~~ and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: ~ /~'~~~~ ----~ -~_-~iL%C~C--------------------------------------------- -- ----- ----------------------- -- --------------- ------------------ Motion made by _____ ~ ~ -y ` ! -------- D ---~- ~\--- Date Seconded by ______________________________ Voting Results hair signature ----------------------------------------- ~ORMAT ZONING BOARD OF ADJUSTMENT FOR POSITIVB MOTION Variances from Section 15 Ordinance 1638 I move to authorize a variance to the ________yard (Section 8.?) ___ lot width (Table A) ____,~_lot depth (Table A) ____~_minimum setback (Table A) __parking requirements (Section 9) from the terms of this ordinance as it will not be contrary to the public interest, due to the follpwip~_svPcial conditions: ,.~ ~ ~ - ~~---~ f ---- and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: __~,__~ ~~.,~ _~- ~, --1~-------~-~---- ---=~----- ------- and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: ;~ l ---~ ------------------ / ~G~1 __~ Motion made by _ //~,~_~. ~ - ---r ------- Date ---- =~(~_!~_/~,~ ~~%~ ~/ ~____________ Voting Results Seconded by __-- ~~~!'~_ ~~ -~ ~---- hair signature ---------------- U ~~ fl e W' O 0 a _~ 8 °~ _~ N ~ :U z ~ n 1 zP o® o~ _ D ~ `~ o , 3 ~ 9 ~ o ~ ~ °_ X70 x m Z m ti ca ~ c ~• ~ ~ m ~ ~ z O ~ D O f ~° a Z G1 ~rn0 m map ~!~ n .i m 1 ~ X :2 A X m ~ N G~ N O SS ~ N ~ o o C Y 5 ~ 9 J ~ ; ~D G~(A .~F ~ yy w yyy~yyy ~ -' O Q O u 3 ~ Q AZ w(D ~ m i -- -- - _ - ~--_ N On ZI z -- c~ '?~~~ ~o ~ 8 o u ~~~ ~ ~Ri~ ~ ~o ~ g q ~ ~~ ~ ~ i ~~ 9 ¢ ~ ' R~ ~- o i~ g~ mm ao ~ 'H ~ ~g ~ ~~ o ~~ = o ~^ ~o ~ Nm ~ c m e .', G c C 0 J TEXAS AVENUE (BUSINESS 6) (ioo' R.o.w.) ~ ~ r ZONING BARD OF ADJUSTMENT GUEST REGISTER DATE ~/~I~f° ~~iL~ ~~ NAME ADDRESS 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23• • 24. 25.