HomeMy WebLinkAbout12/21/1993 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
Zoning Board of Adjustment
CITY OF COLLEGE STATION, TEXAS
December 21, 1993
7:00 P.M.
MEMBERS PRESENT: Chairman Birdwell, Members Gaston and DeOtte and Alternate
Member Hollas.
MEMBERS ABSENT: Members Rife and Sawtelle and Alternate Members McKean
and Poston.
STAFF PRESENT: Planning Technician Thomas, Staff Planner Kuenzel and
Assistant City Attorney Shively.
AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board.
Chairman Birdwell 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 November 16, 1993.
Mr. Gaston moved to approve the minutes from the meeting of November 16, 1993 as
presented. Mr. DeOtte seconded the motion which passed unopposed (4 - 0).
AGENDA ITEM NO. 3: Approval of minutes from the meeting of December 7, 1993.
Mr. Gaston moved to approve the minutes from the meeting of December 7, 1993 as
presented. Mr. DeOtte seconded the motion which passed unopposed (4 - 0).
AGENDA ITEM NO. 4: Consideration of a parking variance request by Al Lehtonen of
Polo Club Apartments for a proposed apartment complex to be located at 600 Dominik.
Chairman Birdwell informed the applicant that since only four members of the Board are
present, in order to grant the variance request, it will have to be a unanimous decision. The
applicant can request that the item be tabled until five members are available. Applicant Al
Lehtonen, Jr. informed the Board that he would like to proceed with the four members
present.
Mr. Gaston moved to remove the parking variance request from the table to be considered
by the Board. Mr. DeOtte seconded the motion which passed unopposed (4 - 0).
Staff Planner Kuenzel presented the staff report and informed the Board that the Zoning
Ordinance for this zoning district allows up to twenty-four dwelling units per acre, but an
additional provision states that higher density could be permitted if granted by the City
Council. On December 9, 1993, the applicants were granted a density of 26.5 units per acre,
which allows twenty additional units to be constructed instead of the required 564. If the
variance is not granted, the applicants have the choice of removing two apartment units or
taking up some of the green areas reserved for landscaping. Regardless of any Zoning
Board action, the applicant must provide all landscaping requirements. Of the ten
surrounding property owners notified of the variance request, two calls in opposition to the
application were received. One call was from the owner of the Gables Apartments and
another from the duplexes across Dominik from the subject property. Both callers were
concerned about on street parking.
Chairman Birdwell opened the public hearing.
• Al Lehtonen, Jr. of 700 Dominik approached the Board and was sworn in by Chairman
Birdwell. He explained that additional parking would remove green space that the
developer would like to utilize for landscaping. Mr. Lehtonen also stated that this is the first
apartment complex to be built in College Station under the recently adopted American
Disabilities Act (ADA). The developer is required to provide ten to eleven handicap spaces
and 15% of the units must be handicap accessible. Mr. Lehtonen stated that the current
policy at Polo Club Apartments is to allow only one person per bedroom. The design of the
proposed complex allows parking around the perimeter of the buildings so that there are
parking spaces at the entrance of the individual apartments.
Chairman Birdwell closed the public hearing.
•
n
U
Mr. Gaston expressed concern that there are no unique or special conditions in this
particular case. He moved to deny a variance to the parking requirements, section 9 of
ordinance 1638 from the terms of this ordinance 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 this applicant, and such that
the spirit of this ordinance shall be observed and substantial justice done. Mr. Hollas
seconded the motion.
Mr. DeOtte stated that a parking variance of 1% is not that great; however, there are no
unique and special conditions in this case. Eliminating two living units does not seem to be
a substantial hardship and there are other alternatives available.
The motion to deny the parking variance request passed (3 - 1); Chairman Birdwell voted in
opposition to the motion.
AGENDA ITEM NO. 5: Other business.
Mr. DeOtte stated that since the last meeting, he has considered the previous tabling of the
Polo Club Apartments variance request. Since the City Council appoints the Zoning Board
of Adjustment, it would seem that the Board should make their decision or recommendation
and allow the City Council to take the lead or make the ultimate decision on a specific issue.
AGENDA ITEM NO. 6: Adjourn.
Mr. DeOtte moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Gaston
seconded the motion which passed unopposed (5 - 0).
Planning Technician, Natalie Thomas
APPRO D: •
`~
hairman, Dick Birdwell
ZBA Minutes December 21, 1993 Page 2
Zoning Board of Adjustment
Guest Register
• Date
Name Address
2. / ,
~~~ ~a l
3.
4.
5.
6.
i
7.
8.
9.
10.
• 11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
• 24.
25.
~'i ~- CEO- ~ 1'[
ZONING BOARD OF ADJUSTMENT
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 tenors 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 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.
Motion made by
Motion Seconder
Voting Results ~
Chair Signature ,
Date ~
SRN1838.DOC
•