The URL can be used to link to this page

Home My WebLink About11/06/2007 - Regular Minutes - Zoning Board of AdjustmentsWORKSHOP MINUTES Zoning Board of Adjustment • November 6, 2007 CITY OF COLLEGE STATION, TEXAS 5:30 P.M. MEMBERS PRESENT: Donald Braune, Josh Benn, Denise Whisenant, & Alternate Thomas Mather. MEMBERS ABSENT: Chairman Jay Goss. STAFF PRESENT: Staff Assistant's Deborah Grace-Rosier & Mandi Alford, Staff Planner's, Crissy Hartl & Jason Schubert, Planning Administrator Molly Hitchcock, Assistant City Attorney Mary Ann Powell, Planning and Development Services Director Bob Cowell. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Acting Chairman Braune called the meeting to order at 5:35. AGENDA ITEM NO. 2: Discussion of regular agenda items. Mr. Mather questioned staff in bringing the Newark case back since they had already heard and denied it. Ms. Hitchcock stated that over time a situation could change and the Board would want to hear a case again. There was no intent to undermine the Board. Ms. Hitchcock stated that an applicant has 10 days to come back and make an argument that they have different information and ask if it can be reheard. If time passes and a different owner comes up there is not a policy that covers city staff not taking and bring the application back to the Board. Ms. Hitchcock ended by saying that the Newark case was a judgment call and city staff was leaving the judgment up to the Board. Jason Schubert briefly discussed the sign variance for 1063 Texas Avenue and answered any questions from the Board. . AGENDA ITEM N0.3: 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. There were no items discussed. AGENDA ITEM N0.4: Adjourn. The meeting was adjourned at 5:56 ATTEST: ~ ~~~~~-- Deborah Gra osier, Staff Assistant MINUTES Zoning Board of Adjustment • November 6, 2007 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Donald Braune, Josh Benn, Denise Whisenant and Alternate Thomas Mather. MEMBERS ABSENT: Chairman Jay Goss. STAFF PRESENT: Staff Assistant's Deborah Grace-Rosier and Mandi Alford, Staff Planner's Crissy Hartl and Jason Schubert, Planning Administrator Molly Hitchcock, Assistant City Attorney Mary Ann Powell, Director of Planning and Development Services Bob Cowell.. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Acting Chairman Braune called the meeting to order at 6:00 PM. AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. Jay Goss Mr. Richards motioned to approve the absence request. Mr. Benn seconded the motion, which passed unopposed (5-0). AGENDA ITEM N0.3.: Consideration, discussion and possible action to approve meeting minutes. August 7, 2007 Workshop & Regular Meeting Minutes Ms. Whisenant motioned to approve the meeting minutes. Mr. Richards seconded the motion, which passed unopposed (4-0-1). Mr. Mather abstaining from voting AGENDA ITEM NO. 4: Public hearing, presentation, possible action, and discussion on a variance to the Unified Development Ordinance, Section 5.2 Residential Dimensional Standards for 2438 Newark Circle, Lot 23, Block 3, Castlegate Section 5 Phase 1 Subdivision. (07-216) Staff Planner Crissy Hartl presented the staff report and told the Board the applicant is requesting the variance to legitimize a building setback error made during construction. Ms. Hartl reminded the Board that this case was brought before them back in June of 2006. The request for the variance was made by the homebuilder and denied. Since that time, a new property owner has purchased the property and is seeking to legitimize the error by asking for a variance of 3.85-feet to the side street setback. 9 Acting Chairman Braune opened the public hearing. Mr. Benn stated that he needed to recuse himself from this item because his firm does business with the homebuilder. Those speaking in favor of the variance were: Culley Lipsey, 1624 University Drive, College Station Todd Carnes, 3157 Arapaho, College Station Delores Parker, 2438 Newark, College Station All speaking before the Board were sworn in by Acting Chairman Braune. Acting Chairman Braune closed the public hearing. A discussion among the Board was that there is still no hardship or special condition for them to consider. Mr. Richards motioned not to authorize a variance to the minimum setback requirements 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 the ordinance shall be observed and substantial justice done. Ms. Whisenant seconded the motion, which passed unopposed (4-0). • AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion on a variance to the Unified Development Ordinance, Section 7.4 Signs for the property located at 1063 Texas Avenue, Lots 11 & 12, Block 3, College Hills Subdivision. (07-236) Staff Planner Jason Schubert presented the staff report and stated that the applicant is proposing to install a 3D chili pepper that is not in compliance with the distance in which an attached sign can extend from a structure. Acting Chairman Braune opened the public hearing. Those speaking in favor of the request were: Robert Montgomery, 6820 LBJ Freeway, Dallas, Texas David Lamb, 1408 Fincastle, College Station, Texas All those speaking in favor of the variance were sworn in by Acting Chairman Braune. • 10 Mr. Benn questioned the Sign Ordinance Section 7.4. I. 6. d. In the staff report it stated that the proposed 3D chili pepper sign did not meet the Sign Ordinance which states: that an attached sign "shall not extend more than one foot from any exterior building face, mansard awning or canopy". The applicant is saying that the sign would not extend much beyond the building envelope when considering canopies. The consensus of the Board was that the applicant should seek an interpretation of that section of the Ordinance. Since the legal advertisement was published as a hearing for a sign variance specifically, the Board was not able to rule on an interpretation at this meeting. Deliberations among the Board were that the item should be tabled to let the applicant seek an Appeal of the Zoning Official's Interpretation. The applicant was in favor of tabling the request. Mr. Benn motioned to table the request. Mr. Mather seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO: 6: Adjourn. The meeting was adjourned at 7:07. ATTEST: -- \~~ Deborah ce-Rosier, Staff Assistant • 11 ZONING BOARD OFADJUSTMFNT GUEST REGISTER MEETING DA7E November 6, 2007 1. NAME '~`~' c7 ~ t~ ~' ~ ~ r ~-e ~ ADDRESS ~ ~" ~ ~ g ~ l i ,, u ~l ~.~ ~ r ISM ~' ; S 2 60~.~ C,r ~iS 3i S "1 ;~c- ~p~h~ ~~S . ~ 1 5. ~ ~ ~~ ~~ ~ ~~ ~ ~ ~Ps N~I 7SZ~"(~ 6. - ~ , ~, ~ ,~ ~~~zo ~~~ ~ ~~a~ iJa,~,Ic~,~, .~52`~b 9. rn ~ ~~~ 10. ~ I1. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. ~4. 25. • CITY OF COLLEGE STATION Planning e5 Development Services ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION VARIANCE FROM SECTION~.;~ of the Unified Development Ordinance. I move to not authorize a variance to the Yard (Article 5) Lot Width (Article 5) Lot Depth (Article 5) Height ~~_ Minimum Setback (Article 5) Section 5.2 & 5.4 Dimensional Standards Parking Requirements (Section 9) Article 7, Section 7.2 Off-Street Parking Standards • 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 the ordinance shall be observed and substantial justice done. Motion made by ~ /~~' ~~C I~.~~~5 Seconded by ~et~\SP~ ~~~S~C~-(~~ Voting Results ~ ' ~ ~U~l Chair Signature ~,»y,~P~!~L~/ Date ~ ~~~d 7 •