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HomeMy WebLinkAbout11/15/1994 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS November 15, 1994 7:00 P.M. • :7 MEMBERS PRESENT: Chairman Birdwell, Members Sawtelle, Poston, Rife and Hollas. Alternate Members Ochoa, Alexander and Blackwelder were in the audience. MEMBERS ABSENT: None. STAFF PRESENT: Planning Technician Thomas, Staff Planner Kuenzel, Staff Planner Dunn and Assistant City Attorney Shively, City Planner Kee and Development Coordinator Volk. 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 1, 1994. Mr. Sawtelle moved to approve the minutes from the meeting of November 1, 1994 as written. Mr. Rife seconded the motion which passed unopposed (5 - 0). AGENDA ITEM N0.3: Consideration of a special exception request for a child care facility to be located at 902 Foster, lot 2, block 1 of the College Hills Subdivision, previously Yamaha Cycle Shop. Staff Planner Dunn presented the staff report and explained that the property is currently vacant; however, the previously abandoned use was a motorcycle sales and repair shop. The applicant proposes to use the property as a drop-in child care center. The applicant also intends to submit a request to the Texas Department of Protective and Regulatory Services to waive the standard which requires an outdoor playground area. Mary Brock, the Child Care Licensing Representative, has stated in a letter that two other child care facilities in the city have also been given waivers for this requirement. The center will be geared primarily for college students who need child care for short periods of time while classes are held. Traffic to and from the facility will be rather consistent throughout the day, rather than high peak periods in the morning and afternoon. The current facility is non-conforming in terms of parking and landscaping. There are currently nine non-striped head-in spaces with no end islands or curbs. Current parking standards would prohibit head-in parking and would require a total of sixteen spaces with curbing, striping, and an 8' setb~c~ from the street. In terms of landscaping, there is one existing live oak tree that would be~ r the total point requirement. The Zoning Board has the authority to grant a special exception to allow the substitution of one non-conforming use for another non-conforming use when the extent of the substituted use is found to be less detrimental to the environment than the first. The Board must compare the two uses and make an interpretation based on the impacts of each use. Special conditions and hardships need to be found to grant a special exception. Eighteen surrounding property owners were notified of the public hearing with two inquiries. Chairman Birdwell opened the public hearing. • Applicant Suzanne Presley of 1212 Milner approached the Board and was sworn in by Chairman Birdwell. She stated that the hours of operation will be from 7:30 a.m. to 5:30 p.m. in which the students will only be allowed to stay a maximum of six hours per day. There is some parking in the front of the building and five parking spaces in the alley behind the building. Ms. Presley stated that she would like to begin an after school program in the fall with staff pick-up at the local schools. The building will be painted and the doors and windows replaced. The building will also be re-roofed and made handicap accessible to the general public. Paul Hendricks of 201 Foster approached the Board and was sworn in by Chairman Birdwell. He stated that he was not happy with the previous Yamaha Cycle shop and welcomes the improvement to the building. The main problem in this area is traffic congestion along Foster. Chairman Birdwell closed the public hearing. Mr. SavYtelle expressed concern with safety issues such as the lack of parking with parents getting children in and out of vehicles including the congested traffic that exists along Foster Drive. Mr. Hollas stated that since the day care center is primarily drop-off in nature, the parking in the front of the building will not be for long periods of time. Mr. Rife stated that at peak times, the proposed use should not be more intense than the previous retail use. He stated that at a similar day care center, he has never seen more than three to four sets of parents at one time. Mr. Hollas moved to grant a special exception from Section 15, Ordinance 1638 to authorize the • substitution of one non-conforming use for another because the extent of the substituted use is less detrimental to the environment than the first. Ms. Poston seconded the motion which passed (4 - 1); Mr. Sawtelle voted in opposition to the motion. AGENDA ITEM NO. 4: Other business. Mr. Rife requested staff to update the Board at the next meeting of the status of the Santini property located along Cooner and code enforcement action. AGENDA ITEM NO. S: Adjourn. Mr. Sawtelle moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Hollas seconded the motion which passed unopposed (5 - 0). APPROV Chairman, Dick Birdwell ATT Planning Technician, Natalie Thomas • ZBA Minutes November IS, 1994 Page 2 of 2 Zoning Board of Adjustment Guest Register Date • Name ~ Address 1. ~ ~ 2. `/ 2~ / ~~ / ~,., 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. . 24. 25. ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTIONS Special Exceptions -From Section 15 Ordinance 1638 I move to authorize the a. ~ substitute of one non-conforming use for another because the extent of the substituted use is less detrimental to the environment than the first. b. enlargement of a building devoted to anon-conforming use where such enlargement is necessary and incidental to the existing use of such building and does not increase the. area of the building devoted to a non- coriforming use more than 25% and does not prolong the life of the non- conforming use or prevent a return of such property to a conforming use. c. reconstruction ofanon-conforming structure on the lot occupied by such structure as the cost of reconstruction is less than 60% of the appraised value of the structure and because the reconstruction would not prevent the return of such property to a conforming use or increase the non-conformity. Motion made by ~~c(1~ ~1o~~aS Seconded by Voting results: /// ,~~ ~ Signature ~~~y9~ Date