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Home My WebLink About04/05/2005 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment Apri15, 2005 • CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Leslie Hill, John Richards, Ward Wells, Graham Sheffy, Jay Goss & Alternate Donald Braune was in the audience. MEMBERS ABSENT: Alternate Joshua Benn. (Not needed) STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Molly Hitchcock & Jennifer Prochazka, City Attorney Carla Robinson, Assistant Director of Planning & Development Services Lance Simms, Action Center Representative Bryan Cook. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Hill called the meeting to order. AGENDA ITEM N0.2: Consideration, discussion and possible action of absence requests. • No requests were submitted. AGENDA ITEM N0.3: Consideration, discussion and possible action to approve meeting minutes from January 4, 2005. Mr. Sheffy made the motion to approve the meeting minutes. Mr. Goss asked that the minutes begin reflecting the reasons why Board Members ask to be excused from meetings. Mr. Goss stated for record that his absence from the January 4 meeting was due to a conflict of interest. Mr. Ward seconded the motion, which passed unopposed (S-0). AGENDA ITEM N0.4: Public hearing, presentation, discussion, consideration and possible action, to consider an expansion of anon-conforming use at 415 Graham Road, lot 1-R, block 1, Deuel Subdivision. Applicant is Roger Pasch, Energy Laboratories. (OS-18) Staff Planner Molly Hitchcock presented the staff report and stated that the applicant is requesting to increase the square footage of area within an existing structure devoted to anon-conforming use. The facility at 415 Graham was developed before annexation in 1992 and expanded in 1995, under the City of College Station's Zoning Ordinance. Under the Zoning Ordinance, many zoning districts were • cumulative -uses permitted in less intense zoning districts were allowed in the related zoning district(s) for higher-intense uses. For this reason, laboratories, offices, and storage (light industrial uses) were permitted in M-2 Heavy Industrial zoning districts. When the City adopted the Unified Development Ordinance in 2002, cumulative zoning was removed in order to encourage the highest and best use of the property and eliminate possible compatibility conflicts. • When the UDO took effect, Energy Laboratories, Ines laboratory use became legally non-conforming and was allowed to continue. The business would now like to expand their lab into some of their existing storage space. To do so, they must be granted permission from the ZBA to expand their area of non-conformity. The UDO prohibits expansions greater than 25% of the original area of non- conformity. Of their 5,228 sq. ft. of laboratory space, Energy Laboratories, Inc. wishes to expand an additional 960 sq. ft., or 18.3%. A special condition listed was the shift from cumulative to non-cumulative zoning with the adoption of the UDO has limited a previously permitted land use on the properly. The application offers as a hardship that the property cannot utilize as originally intended when developed. An alternative would be that the property owner request a rezoning to M-1 from the City Council. Also offered was a reduction of the request to an expansion of 480 sq.ft, or 9.2%. When the property was replated into two lots and the facilities expanded in 1995, the applicant at the time (Soil Analytical) requested a special exception to expand anon-conforming structure. The original building was built before it was within city requirements of the Zoning Ordinance. When the additional structure was built, Soil Analytical requested that they be able to build without meeting parking and landscaping requirements. The exception was granted. • Ms. Hitchcock ended her staff report by saying that she did receive a phone call from a neighboring property owner that just had general questions concerning the notification letter. Chairman Hill opened the public hearing for anyone wanting to speak in favor of the variance. Roger Pasch stepped before the Board and was sworn in by Chairman Hill. He spoke in favor of the request. Mr. Pasch explained to the Board the history of the property and the type of work being conducted there. With no one else stepping forward to speak in favor or opposition, Chairman Hill closed the public hearing. Mr. Sheffy made the motion to authorize the enlargement or completion of a building devoted to a non-conforming use upon the lot occupied by such building, where such enlargement or completion is necessary and incidental to the existing use of such building and does not exceed ~ 18.3% of the original area ofnon-conformity. Mr. Goss seconded the motion. Ms. Robinson stated for clarification that this is a different case from what the Board is accustomed to hearing. They are not required to make the same findings as hardships and special conditions. What the ordinance does is gives the Board the discretion to approve the expansion if the extension is necessary and incidental to the existing use and does not exceed the 25% of the original area of non- • conformity. ZBA Minutes April S, 2005 Page 2 of 4 Mr. Wells asked if they are allowing the applicant, the requested 18.3% or what is stated on the motion form for up to 25%. • Chairman Hill stated that he would feel more comfortable stating the amount of expansion. Mr. Sheffy made the motion to amend his motion. The motion to read not to exceed the 18.3 %. Mr. Wells seconded the motion to amend. Mr. Goss asked what difference did it make. They are allowed up to 25% anyway. Why not just give them the 25%. There were continued discussions on the percent given in the motion. Mr. Pasch stepped before the Board and offered clarification. He stated that they feel the existing building as is would probably be satisfactory for them for a considerable length of time. They are not planning on doing any new construction or adding on. Chairman Hill called for a vote on Mr. Sheffy's motion to amend the motion to read: "not to exceed 18.3% to the allowed expansion". The Board voted (4-0). Mr. Goss abstained from voting. Chairman Hill called for a vote on the motion as amended not to exceed 18.3%. The Board voted (5-0). The motion was approved. AGENDA ITEM NO. 5: Discussion of Administrative Adjustments approved by City Staff. • ~ None to report. AGENDA ITEM N0.6: Consideration and possible action on future agenda items - A Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Mr. Richards asked that the following be added for future discussion at a workshop: Open discussion on contact limitations Notifications letters 200 foot notification area Ms. Hitchcock asked the Board if they had received her memo concerning the history of the 200-foot notification. They all stated they had received it. Mr. Wells stated that it answered all the questions that he had and he felt no further discussion was needed. ZBA Minutes April 5, 2005 Page 3 oj4 AGENDA ITEM NO. 7: Adjourn. • The meeting was adjourned. ATTEST: Deborah Grace, taff Assistant • . ZBA Minutes April S, 2005 Page 4 oj4 CITY OF COLLEGE STATION Planning tr Development Seruicec ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION SPECIAL EXCEPTION -FROM SECTION 9 UNIFIED DEVELOPMENT ORDINANCE I move to authorize the Enlargement or completion of a building devoted to anon-conforming use upon the lot occupied by such building, where such enlargement or completion is necessary and incidental to the existing use of such building and does not exceed 25% of the original area of nonconformity. Motion made by (~ ~~~/~ 5~~~ Seconded by , i ~/ ~O.S'S Voting Results Chair Signature ~%V~~~ ~/- ~V~~ Date - ~ - d .S C7 ZONING B OARD OF ADJUSTMENT GUEST REGISTER MEETING DATE: APRIL 5, 2005 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21 23. ~24. 25. NA E ADDRESS ~.~ ~r~ Yip ~~ ~-` ~~ /~~ 2. 22