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HomeMy WebLinkAbout05/19/1992 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS City Hall Council Room May 19, 1992 7:00 P.M. MEMBERS PRESENT: Chairpperson Henry, Vice Chairperson Baker, Members Lane, and Sawtelle, and Alternate Members Phinney MEMBERS ABSENT: Member Smith, and Alternate Members De Otte and De Loach. (Alternate Member Kennady was to City Council.) STAFF PRESENT: Staff Planner Kuenzel, Planning Technician Thomas and Assistant City Attorney Coates • AGENDA ITEM NO. 1: Call to Order -Explanation and Functions of the Board. Chairperson Henry called the meeting to order and explained the functions and limitations of the Board. AGENDA ITEM NO. 2: Approval of Minutes from the meeting of May 5, 1992. Mr. Sawtelle moved to approve the minutes from the meeting of May 5, 1992 as presented. Mr. Phinney seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 3: Consideration of a variance request to Ordinance #1638, Sign Retions, A S. D. Timmons to allow for the continuance of a sign 32' in height located at 20 Texas venue. Staff Planner Kuenzel presented the staff report requesting a variance to the sign regulations to allow a sign of 32' in height (3.5' higher than had been approved by a previous variance) to continue to exist. The original variance granted in 1989 was for 28.5' in height, as opposed to the existing 32'. At a recent meeting of the Board, it was brought to our attention that the Chevron sign may be higher than 28.5'. Staff measured the sign at 32', and sent an enforcement letter to the property owner. The applicant requested a new hearing in an attempt to rectify the situation without cutting off the three additional feet. The special condition that was argued in 1989 was "loss of visibility of business by drivers of automobiles at a sufficient distance to facilitate safe entry". The motion to approve the variance included the following statement of special conditions: "the long term lease of the property combined with the signage on other surrounding properties require use similar to • that proposed". The hardship that was argued in 1989 was "the traffic concentration at this intersection is probably the highest in the City". The motion to approve the variance included the following statement of hardship: "inability to adequately use existing commercial property". The applicant has communicated with his sign contractor that installed the sign after the 1989 variance was granted. Apparently, one of the workers was concerned that the • • lower portion of the sign would be in the way of traffic, and had the sign raised without knowledge that this action would require ZBA approval. The variance granted in 1989 allowed not only the additional height (the ordinance would have allowed 8') but also an area of 140 square feet where the ordinance would only have allowed 50 square feet. Canopy setbacks were also reduced as a part of that variance request. Nine property owners within 200' of the subject property were notified with no response. Applicant, K. D. Timmons, approached the Board and was sworn in by Chairperson Henry. He stated that the sign company who originally installed the sign, increased the height without his knowledge. The sign has been in existence for several years and does not seem to be detrimental to the public. Mr. Sawtelle expressed concern that the hardship in this case was self-inflicted. This particular case could set a precedence for existing signage in the future. Mr. Sawtelle moved to deny a variance from section 12, Ordinance number 1638, sign regulations, from the terms of this ordinance as it will be contrary to the public interest, due to the lack of unique special conditions not generally found within the City; and such that aself-inflicted hardship is not grounds for a variance; and because a strict enforcement of the provisions of the Ordinance would not result in substantial hardship to this applicant, and such that the spirit and intent of this ordinance shall be preserved and the general interests of the public and the applicant served. Vice Chairperson Baker seconded the motion which passed (4 - 1); Mr. Lane voted in opposition to the motion. AGENDA ITEM NO. 4: Other business. There was no other business. AGENDA ITEM NO. 5: Adjourn. Vice Chairperson Baker moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Lane seconded the motion which passed unopposed (5 - 0). APPR hairman, Bret my • TTES Pl nni g echmc' atalie homas ZBA Minutes May 19, 1991 Page 2 ZONII~iG BOARD OF ADJUSTNN~NN'T FORMAT FOR NEGATIVE MOTION Variance to Sign Regulations: From Section 12, Ordinance Number 1638. I move to deny a variance to the sign regulations from the terms of this ordinance as it will be contrary to the public interest, due to the lack of unique special conditions not generally found within the City: v~ ' S v G Lt T ~- .~- '~ ~- S ~ ~ ~ ~ c."~'eC~ and because a strict enforcement of the provisions of the Ordinance would not result in substantial hardship to this applicant, and such that the spirit and intent of this ordinance shall be preserved and the general interests of the public and the applicant served. deb ~~-tics G- (~ L Motton ma y ~ ~: ~ rt Motion Seconded by ~' ~ ~c-- ~, ~~. ~a- ~ t Voting Chair Date SRN1638.DOC • • [7 r: ZONING BOARD OF ADJUSTMENT GUEST REGISTER DATE NAME 1. ADDRESS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. , 14. 15. 16. 17. 18. lg. 20. 21. 22. 23- 24. ~/`~I 25.