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Home My WebLink About06/06/2000 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • • honing Board of Adjustment CITY OF COLEEGE STATION, TEXAS dune 6, 2000 6:00 P.M. MEMBERS PRESENT: Chairman Alexander, Murphy, Bond, Happ, Hill. MEMBERS ABSENT: Alternate Members Lewis, Searcy, Ellis & Dr. Bailey. STAFF PRESENT: Senior Planner Kuenzel, Staff Assistant Grace, Assistant City Attorney DeCluitt, Staff Planner Jirnmersan, Staff Planner Hitchcock. ~~ENDA ITEM IYO. 1: Call to order -Explanation of functions of the Board. Chairman Alexander called the meeting to order and explained the functions of the Board. AGENDA ITEM NO. Z: Consider Absence Request frrom meeting. There were no applications turned in. AGENDA ITEM N0.3: Approval of minutes from the May 2, 2000 meeting of the Board. Mr. Bond made the motion to approve the minutes as written. Mr. Murphy seconded the motion, which passed unopposed (5-0). AGENDA ITEM N0.4: Consideration of a front setback variance at 500 Graham Road. Applicant is itichDale Properties. Staff Planner Hitchcock stepped before the Board and presented the staff report. Ms. Hitchcock explained that the variance is to allow for the construction of a new facade. As part of a building and parking lot expansion and upgrading project, the applicant would like to add a new facade on the front of his building. The extent of the new facade would be several inches to over two feet from the original building face, which is located on the front setback line. Thus, the applicant is requesting a variance of 3 feet to the front setback to allow for the construction of the new facade. The ZBA could consider the following special conditions: 1. The subject property was annexed into the City in 1992. The building (on the property at the time of annexation) is located on the 2S-foot front setback line. ZBA Minutes Jane 6, 2000 Page 1 oj4 2. The applicant pwchased the subject property before annexation. He states that it has always been his intent to make building improvements. At the time of purchase, the building improvements would not had to meet the City's front setback requirement. 3. The City is in the process of purchasing a portion of land from the subject property for Phase 2 of the 1995 Graham Road CIP Project. The project purpose is to bring Graham Road, which was built to county standards before annexation, up to the City's major collector standard. The City is acquiring a triangular piece of land, increasing from 0-feet from the front property line to the north, to 2.5-feet at the West Bnd of the property. Along the property line in front of the building, the taking will vary from approximately 1-inch to approximately 1-foot. The ZBA could consider the following as hardships: 1. The original building was constructed before annexation. When applying City ordinance standards, the building is located on the front setback line. Without removing the front face of the building (and challenging the building's structwal integrity), there is flexibility for facade improvement. 2. Regardless of any facade enhancement, the existing building will be encroaching into the front setback once the City acquires land for the Graham Road improvements. Without a variance, the building fagade will need to be moved back from the building setback line or gain legal non- conforming status. The following alternatives have been identified: • 1. Do not make the building improvements. The existing building facade would gain legal non- conforming status after the Graham Road CIP. According to Section 6.3 of the City of College Station Zoning Ordinance, to maintain the non-conforming status and thus, not have to move the building, the building facade could not be "enlarged, extended, reconstructed, substituted, or structurally altered". In the future, the applicant could ask the Board for a special exception to make changes to this fagade, but even if granted, the amount of changes permitted would be limited by ordinance. 2. The Board may grant a smaller variance to legalize the encroachment caused by the right-of--way project (1-inch to 1-foot). Although the purpose of the applicant's request is to allow for fagade improvements, this action would remove the restrictions placed upon the building by "legal non- conforming" status. 3. As with all variances, the Board may also grant less than the requested variance amount (0-foot to 3-foot). Mr. Hupp asked what is the required setback from the road now. Ms. Hitchcock replied that it is 25- feet and they do meet that setback now. Mr. Hupp asked if parking would be allowed in front of the facade. Ms. Hitchcock replied that parking • would not be allowed in the front but to the west of the property a new parking lot is being constructed. Chairman Alexander opened the public hearing. ZB~! Minutes June 6, 2000 Page 2 of 4 Stewart Kling, the engineer, stepped before the Board and was sworn in by Chairman Alexander. Mr. Kling told the Board that he is there representing RichDale Properties. Mr. Kling told the Board that the special conditions and hardships presented by staff are complete and accurate. • Mr. Happ asked what would the fagade be made of. Mr. Kling replied that it would be brick. Mr. Happ asked is it the pillars that will impede the setback. Mr. Kling replied that was correct plus the width of the brick would impede. Steve Rians, RichDale Properties & Automatic Safe Inc, stepped before the Board and was sworn in by Chairman Alexander. Mr. Rians told the Board that currently there are 110 employees. Mr. Rians gave a brief history of his company. Mr. Rians told the Board that he was in favor of the annexation. Mr. Runs stated that there has been approximately $300,000 worth of improvements to the site. Mr. Runs ended by telling the Board that the improvements will greatly enhance the area. Mr. Happ asked about landscaping. Mr. Runs replied that a preliminary landscape plan was submitted and it will be extensively landscape. Mr. Rians expressed his ,only concern as being the timing of the Graham Road expansion. He may want to wait until most of the road in the front of his business is done before beginning the landscaping. Mr. Happ asked if there will be curbing the full length in the front of the property or open as it is now, when the Graham Road improvements are done. Mr. Runs answer the way he understood it would be full curbing, sidewalk, bike lane and then 3 lanes of traffic. With no one else stepping forward to speak in favor or opposition of the request, Chairman Alexander • closed the public hearing. Mr. Bond asked if the Board went with a smaller variance as stated in #2 of the alternatives, all that would do is help them out with the Graham Road project. Mr. Hitchcock replied that it would basically help them when the property is sold it will not be anon-conforming issue. There were continued discussions concerning the legal non-conforming status. Mr. Bond made clarification that if the Board gives the variance of 3 feet is the Board also legalizing the encroachment caused by the Graham Road Project. Ms. I~'itchcock answered that was correct. Mr. Happ made the motion to authorize a variance to the minimum setback from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: the original building existed before the area was annexed into the city. Also, only the doorway areas and the brick veneer will be in the setback area; and because a strict enforcement of the provisions of this ordinance would result in unnecessary hardship to this applicant being: it is not feasible to move the building in order to meet the minimum setback requirements to allow the desired upgrades to be made; and such that the spirit of the ordinance shall be observed and substantial justice done subject to the following limitations: the variance will not exceed 3' and parking will not be permitted in front of the building. Mr. Murphy seconded the motion, which passed (5-0). • ZBA Minutes June 6, 2000 Page 3 of 4 AGENDA TI'EM NO.S: Future Agenda items. There were none discussed. • AGENDA ITEM N0.6: Adjourn. Before the meeting was adjourned Chairman Alexander told the Board his term is up to be on this Board and this was his last meeting. Chairman Alexander thanked the Boazd Members for serving with him and for all the City Staff for snaking it such a pleasurable and learning experience. The meeting was adjourned. \~4dRalµ~.a ~ va(/\a~w~~a~a`~.a['a'aw(~aa ~\ ATTEST: ~ , ~~:~.. e rah Grace, Sta ssistant • ZBA Minutes Jane 6, 2000 Page 4 of 4 ZONING BOARD OF ADJUSTMENT GUEST REGISTER MEETING DATE -1 ~ 'O ~ NAME ADDRESS 4. 5. 6. 7. 8. 9. • 10. 11. 12. 13. 14. 15. 16. 17. 18. 3. 1. JBhN ~~cI~IF}u~4S 2. ~a ~G ~r ors aw 19. 20. 21. 22. 23. • 24. 25. ZONING BOARD OF ADJUSTMENT • FORMAT FOR POSITIVE MOTION Variance from Section 15, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.T) lot width (Table A) lot depth (Table A) 1/ minimum setback parking requirements (Section 9) • from the terms of this ordinance as it will not be contrary to the pt3.blic inte .st, due to the following special conditions: ~~~ ' G"C~-¢o'~,~ G~~.d~-L ~ vC~lro -ct~ v~ ~~ 2x.G2~ -~~-~.--C~> and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: ~rn I~ / f' ~~~:~l;~s:lifl.(~ .~i0 i~Z'~Lt.e i~~LLG and such that the spirit of this ordinance shall he observed and substantial justice done subject to the following limitations: Motion mad/e Seconded /- Chair a ~~ Date Voting Results Jl- v~~ sss.DOc