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HomeMy WebLinkAbout08/04/1998 - Regular Minutes - Zoning Board of AdjustmentsC7 MINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS August 4, 1998 6:00 P.M. f MEMBERS PRESENT: Chairman Alexander, Murphy, Happ, Hill, Dr. Bailey. MEMBERS ABSENT: Warren, Alternates: Hausenfluck, Lewis. Alternate Members Searcy and Lanier were in the audience. STAFF PRESENT: StaffPlanner Battle, Senior Planner McCully, Legal Assistant Robinson Staff Assistant Grace. AGENDA ITEM NO. 1: Call to Order -Explanation of functions of the Board. Chairman Alexander called to meeting to order and explained the function of the Board. AGENDA ITEM NO. 2: Introduction and Swearing in of new Board Members. Staff Assistant Grace swore in the new members. Chairman Alexander introduced the new Board Members. AGENDA ITEM N0.3: Approval of minutes from the meeting of June 2,1998. Mr. Happ made to motion to approve the minutes as written. Mr. Hill seconded the motion which passed unopposed (5-0). • ZB.4 Minutes Meeting ofAugust 4, 1998 Page 1 oj4 AGENDA ITEM NO. 4: Consideration of a variance request to the front setback requirements for a new home recently constructed on lot 16, block 1, of the Pleasant Forest • Subdivision. The applicant is Dean Schaeffer. Staff Planner Battle presented the staff report and stated that the applicant is requesting a variance to the front setback to legitimize and existing encroachment. During the construction of this home, the house was erroneously built with a 1.5' encroachment into the front setback. The applicant stated that an error was made during construction of the house that caused the right corner to be built encroaching into the front setback. Without a variance, this house will remain illegally non-conforming to the Zoning Ordinance. It is currently not the City's policy to prevent the sale of such homes or mandate a physical correction. Building setback requirements usually allow for some degree of control over population density, access to light and air, and fire protection. Rear setbacks also piovide for a usable back yard area. These standards are typically justified on the basis of the protection of property values. The Board has approved variances to the front setback where unique special conditions existed, including size of lot in older neighborhoods or in some areas to avoid valuable trees, and where undue hardships would result from ordinance enforcement. Dr. Bailey asked ivtr. Battle if the home sells and the owner wanted to add on to the garage making an additional story, would the home owner need to ask for another variance. Ivlr. Battle replied that a • building permit would not be issued for the addition unless this variance is granted. Chairman Alexander opened the public hearing for anyone wanting to speak in favor of the request. Dean Schaeffer of PO Box 70, Kurten, Texas, approached the Board and was sworn in by Chairman Alexander. Mr. Schaeffer told the Board the house was built and was lacking a couple of inspections before he would receive the CO (certificate of occupancy). avtr. Schaeffer stated that the house is not sold as of yet, but he was wanting to take care of the encroachment before the sale because the encroachment would delay the sale. Mr. Schaeffer explained to the Board that the error was made due to lack of communication. The right corner was to be set back by 18" to create the offset across the front of the house. Instead of the right side corner being set back, the left corner was pulled out 18". The front building line does not encroach on any other property or utility easements. Ivlr. Schaeffer ended by saying that the house was placed on the lot in that fashion to give the home more appeal from the street. Chairman Alexander asked if there was anyone to speak in opposition of the request. With no one stepping forward Chairman Alexander closed the public hearing. • ZBA Minutes Meeting ojAugust 4, 1998 Page 2 oj4 Mr. Happ made the motion to approve the request which Mr. Hill seconded. Mr. Happ then amended the motion to include the stipulation of written permission from the owner of the bloodstone Shopping Center. The motion was seconded by Mr. Hill. The positive motion reads: • Mr. Ha moved to authorize a variance from Section 15 Ordinance Number 1638 to the minimum PP setback from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the 18" encroachment was not detected until after the house was well under construction; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: required to demolish and re-construct the slab, front wall and roof; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: the variance is limited to the existing encroachment. Mr. Hill seconded the motion which passed unopposed (5-0). AGENDA ITEM NO. S: Special exception request to allow the addition of a kitchen totaling 730 sq. ft. at the existing night club, The Tap, in the Woodson shopping center. The applicant is Gary Seaback for The Tap. Staff Planner Battle presented the staff report and stated that the applicant is requesting the special exception variance to expand the building, which is non-conforming to the parking requirements, to add a kitchen. The subject property is non-conforming in terms of current parking requirements. There are currently 322 parking spaces in the shopping center. This would support 48,300 sq. ft. of building. There is • currently 52,260 sq. ft. of building ,creating anon-conformity of 3,960 sq. ft. The applicant wants to add a kitchen to the building, expanding the non-conformity. The Zoning Board has the authority to grant a special exception to allow the expansion of a non-con- forminguse or structure when the Board finds that the expansion is necessary and does not exceed 25% of the existing area of non-conformity. Special conditions and hardships need not be found to grant a special exception. The Board asked Mr. Battle questions concerning the request but they were questions that the applicant needed to address. Chairman Alexander opened the public hearing for those wanting to speak in favor of the request. Gary Seaback of 9215 Timberknoll, College Station, Texas, approached the Board and was sworn in by Chairman Alexander. Dr. Bailey addressed Mr. Seaback, stating that that particular building has had many different business and some having kitchens. Dr. Bailey asked Mr. Seaback why could he not use the existing kitchen instead of adding on. Mr. Seaback replied that the kitchen has been removed. The grease trap is still existing but they will probably replace it since it has been several years since it has been used. • ZBA Minutes Meeting ofAugust 4, 1998 Page 3 of 4 Mr. Seaback described to the Board, using a floor plan submitted as part of his application, the layout of the building as it is proposed with the kitchen addition. Mr. Seaback continued by explaining to the • Board that the addition will take place in an area between one other building. Dr. Bailey asked about the green space that will be lost due to the addition. Ms. McCully explained the landscaping point system to the Board. Ms. McCully stated that since the Woodstone Shopping Center has the landscaping points already established, any landscaping that is removed due to the addition of the new kitchen will have to be replaced else where within the shopping center to keep the points current for that center. Mr. Happ asked Mr. Seaback if the owner of the shopping center approved of the kitchen addition. Mr. Seaback responded that the owner thinks it is a great idea and does approve of it. Mr. Happ asked Mr. Seaback if he could get a letter from the owner stating that he agrees to the kitchen addition. Mr. Seaback stated that he would get the letter (the letter is included as part of these minutes). n U Chairman Alexander APPROVED: ~Z%t% ATTEST: Staff Assistant Debor ace Mr. Happ made the motion to approve a special exception from Section 15 Ordinance 1638 upon submission of written approval from the owner that enlargement of a building devoted to a non- 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 anon-conforming use more than 25% and does not prolong the life of the non-conforming use or prevent a return to such property to a conforming use. Dr. Jean Bailey seconded the motion which passed unopposed (S-0). Agenda Item NO. 6: Other Business No other business was discussed. Agenda Item N0.7: Adjourn Chairman Alexander made the motion to adjourn. Mr. Hill seconded the motion which passed unopposed (5-0). ZBA Minutes Meeting ofAugust 4, 1998 ~~~n _ ~- Page 4 of 4 • August 8, 1998 LARKE • YND ~i~AM REAL ESTATE INVESTMENT SERVICES Planning & Zoning Commission Ms. Shirley Volk City of College Station 1101 Texas Avenue South College Station, TX 77840 RE: The Tap / Harvey Road / Woodstone Center Addition of Kitchen to Existing Structure Dear Planning & Zoning Commission: Pursuant to Mr. Gary Seaback's request to add a kitchen to the existing structure known as "The Tap", the Landlord hereby authorized Mr. Seaback to proceed with same. If you have any questions, please call. Best regards, Clarke & Wyndham, Inc., Agent and Attorney-in-Fact for Martell Interest, Landlord, • Clint Schroff Property Manger cc: Don Martell Gary Seaback • 3608 East 29th Street, Suite 100 • Bryan~College Station, TX 77802 • (409) 846-4384 • Fax: (409) 846-1461 College Station • Bryan • Houston (713) 681-5876 ZONING BOARD OF ADJUSTMENT • FORMAT FOR POSITIVE MOTION Variance from Section 1 S, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.T) lot width (Table A) / lot depth (Table A) ~/ minimum setback parking requirements (Section 9) from the terms of this ordinance as it will not be contrary to the public interest, due to the follo~~//`wi_~ng special conditions: off- ~~~~ ~ .~fi~~l 7'Lct~ a~G~GC~~G.y~~ and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: ~ ~ ~~~ and such that the spirit of this ordinance done subject to the folio g '1 do be. observ ~an~ stantial justice ~ .~~ /.l .~ Motion made by Seconded by Chair Signature Date Voting Results ~ _ ~ Y/~RPI 638.DOC . ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTIONS Special Exceptions -From Section 15 Ordinance 1638 ss~7irsadc~yr Q 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. t 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- conforming 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 of anon-conforming structure on the Iot 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 (/6~~'/ ~ ~~J--- Seconded by ~ (J ~~ Voting results: `Sr ~ Chair Signature Date fan+/pl~dmiiaa~p~LL9l • Zoning Board of Adjustment Guest Register Date Name Address 1. ~e.A~ ~~~..~~`teT"' 2y : ~~ '? o kuvt,-~-c^+'~~ l D ~'~ 2. 3. 4. 5. 6. 7. 8. 9. 10. • 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25.