The URL can be used to link to this page

Home My WebLink About12/03/2007 - Regular Minutes - Zoning Board of AdjustmentsWORKSHOP MINUTES • Zoning Board of Adjustment December 3, 2007 CITY OF COLLEGE STATION, TEXAS 5:30 P.M. MF,MBERS PRESENT: Jay Goss, John Richards, Donald Braune, Josh Benn, and Alternate Thomas Mather. MEMBERS ABSENT: Denise Whisenant (Not Needed). STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planner Jason Schubert , Senior Planner, Lindsay Boyer, Planning Administrator Molly Hitchcock, Assistant City Attorney Mary Ann Powell, Planning and Development Services Director Bob Cowell, City Engineer Alan Gibbs, and Action Center Representative Kerry Mullins. AGENDA ITEM NO. l: Call to order -Explanation of functions of the Board. Chairman Jay Goss called the meeting to order at 5:30. AGENDA ITME N0.2: Discussion of Administrative Adjustments given by the Administrator. The Lofts, Lot 1, Block 1, Wolf Pen Creek Subdivision -Front Setback Case # 07-00500251 Staff Planner Jason Schubert told the Board that normally they would see an address associated to an Administrative Adjustment. This development is over three different pieces of property so the Administrative Adjustment is only tied to one lot. 504 Gurnsey -Front Setback Case # 07-00500227 Staff Planner Lindsay Boyer told the Board that the applicant is replatting the property and asked for a 3-inch adjustment. AGENDA ITEM NO. 3: Discussion of regular agenda items. It was announced to the Board that the applicant's for Agenda Items No. 7 and 9 had pulled their items from the agenda prior to the meeting. They will reschedule at their convenience. Staff continued discussions concerning the remaining- items on the regular agenda. AGENllA ITEM NO. 4: 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. 5 • AGENDA ITEM N0.4: Adjourn. The meeting was adjourned at 5:55. ATTEST: ~ 1 Q (' eborah ace-Rosier, Staff Assistant • MINUTES • Zoning Board of Adjustment December 3, 2007 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Jay Goss, John Richards, Donald Braune, Josh Benn, & Alternate Thomas Mather. MEMBERS ABSENT: Denise Whisenant (Not Needed). STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planner, Jason Schubert, Senior Planner, Lindsay Boyer, Planning Administrator Molly Hitchcock, Assistant City Attorney Mary Ann Powell, Director of Planning and Development Services Bob Cowell, City Engineer Alan Gibbs and Action Center Representative Kerry Mullins. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Goss called the meeting to order at 6:02 PM. AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. Denise Whisenant -Absent Request for December 3, 2007 Workshop and Regular Meeting. Mr. Richards motioned to approve the absence request. Mr. Braune seconded the motion, which passed unopposed (5-0). AGENDA ITEM N0.3.: Consideration, discussion and possible action to approve meeting minutes. Mr. Goss stated that he would recuse himself from voting on the minutes since he was not present for the meetings. November 6, 2007 Workshop Meeting Minutes November 6, 2007 Regular Meeting Minutes Mr. Benn requested a correction to the regular minutes under Item No. 4 stating that he recused himself from hearing that case before Chairman Goss opened the public hearing. Mr. Benn motioned to approve the workshop and regular meeting minutes. Mr. Richards seconded the motion, which passed (4-0-1) AGENDA ITEM NO. 4: Public hearing, presentation, possible action on an Appeal to the • Zoning Official's Interpretation to the Unified Development Ordinance, Section 7.4 Signs for a proposed sign for the property located at 1063 Texas Avenue, Lots 11 & 12. Block 3, College Hills Subdivision. Case #07-00500288 Staff Planner Jason Schubert presented the staff report and stated that the applicant is requesting the appeal to the interpretation to allow the proposed sign, a 3D chili pepper, to be installed on the basis of a different interpretation of the sign regulations. Chairman Goss opened the public hearing. • Robert Montgomery, 213 Crepe Myrtle Lane, Murphy Texas stepped before the Board speaking in favor of the variance. Mr. Montgomery was sworn in by Chairman Goss. Chairman Goss closed the public hearing. Mr. Richards motioned to uphold the interpretation made by the Administrator to interpret Section 7.4 of the Unified Development Ordinance in the following manner: The interpretation meets the Ordinance by not protruding over one foot from the canopy. Mr. Benn seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 5: Consideration and possible action to remove from the table a variance to the Unified Development Ordinance, Section 7.4 Signs for the property located at 1063 Texas Avenue, Lots 11 & 12, Block3, College Hills Subdivision. Case #07-00500236 This item no longer needed to be considered. AGENDA ITEM NO. 6: Presentation, possible action Unified Development Ordinance, Section 7.4 Signs for Avenue, Lots 11 & 12, Block 3, College Hills Subdivision. This item no longer needed to be considered. and discussion on a variance to the the property located at 1063 Texas Case #07-00500236 AGENDA ITEM NO. 7: Public hearing, presentation, possible action and discussion on a variance to the Unified Development Ordinance, Section 5.8 A.2.A regarding signs in the Corridor Overlay District for 1100 University Drive East, Lot 1, Block 1 Wheeler Subdivision Phase 2. Case # 07-00500148 This item was pulled by the applicant prior to the start of the meeting. AGENDA ITEM NO. 8: Public hearing, presentation, possible action, and discussion on a variance request for a Floodway encroachment from Section G (1) of the Flood Protection Ordinance prohibiting encroachment into designated floodways at 1601 Stallings Drive -Oaks Park. Case # 07-00500243 City Engineer Alan Gibbs presented the staff report and stated that the applicant is requesting the variance in order to install a covered pavilion and reconstruction of the basketball court. Mr. Gibbs gave details to the Board of the work planned for the area. s He stated that in order for this project to go forward as stated in Chapter 13, Section 5-G -Special . Provisions for Floodways, a variance must be granted for the encroachment in the floodway and a flood study done showing a zero rise. He ended by saying the applicant hired a firm to conduct the flood study and it has been done and he has recognized it as being adequate. Chairman Goss stated that the Board grants variances if there is a special condition or hardship and if it is a financial hardship they can not consider it. Mr. Gibbs stated that the distinction here would be that the basketball court and restrooms exits today. Chairman Goss opened the public hearing. With no one speaking before the Board, Chairman Goss closed the public hearing Mr. Benn motioned to approve a variance from the terms of this Ordinance because undue hardship on the owner will result from strict compliance with those requirements, to wit: there is no suitable location in which to move the pavilion out of the floodplain; and because: special circumstances or conditions affect the land involved such that the strict compliance with the provisions and requirements of this chapter will deprive the applicant of the reasonable use of his land, to wit: the property is almost entirely in the floodplain; the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, to wit: the ability of its citizens to safely use the property. Mr. Richards seconded the motion, which passed (4-1). Mr. Braune voting against granting the variance. AGENDA ITEM NO: 9: Public hearing, presentation, possible action and discussion on • variances to the Unified Development Ordinance, Section 7.4 for 1500 Harvey Road, Block 1, Lots 4-A, 4-C, and 5-A of the Post Oak Mall Subdivision. Case # 07-00500268 This item was pulled by the applicant prior to the start of the meeting AGENDA ITEM NO. 10: Public hearing, presentation, possible action, and discussion on a variance to the Unified Development Ordinance, Section 7.2 I regarding the number of off-street parking spaces required at 4304 Harvey Road, for a portion of Lot 1, Block 1, Harvey Hillsides Subdivision. Case # 07-00500270 The Board moved to Agenda Item I 1 due to the applicant not being present for this item. AGENDA ITEM NO. 11:: Public hearing, presentation, possible action, and discussion on a variance from the Unified Development Ordinance, Section 5.2as it relates to the front setback form 3105 Freneau Drive, Lot 1,. Block 1 of the Sweetland Subdivision. Case # 07-00500284 Staff Planner Lindsay Boyer presented the staff report and stated that the applicant is requesting the variance to reduce the front building setback line from 50-feet to 35-feet for the construction of a new home. Chairman Goss opened the public hearing. • Those speaking in favor of the variance request: • Chris Galindo, 3107 Rolling Glen, Bryan, Texas. Kevin Sweetland, 1725 Harvey Mitchel( Parkway, College Station, Texas Jody Sweetland, 1725 Harvey Mitchell Parkway, College Station, Texas Those speaking in opposition of the variance request: Charles Conrad, 1505 Frost, College Station, Texas All speaking before the Board were sworn in my Chairman Goss. Chairman Goss closed the public hearing. Mr. Braune motioned to deny 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 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. Mr. Richards second the motion, which passed unopposed (5-0). AGENDA ITEM NO. 10.: Public hearing, presentation, possible action, and discussion on a variance to the Unified Development Ordinance, Section 7.2 I regarding the number of off-street parking spaces required at 4304 Harvey Road, for a portion of Lot 1, Block 1, Harvey Hillsides Subdivision. Case # 07-00500270 ,~ The applicant arrived at the meeting and was ready to have their case heard. Staff Planner Lindsay Boyer presented the staff report and stated that the applicant is requesting the variance to reduce the number of required parking spaces by six in order to enclose the outdoor pit area, add a hallway to enclose the existing outdoor restrooms, and to add awalk-in cooler. Chairman Goss opened the public hearing: Those speaking in favor of the parking variance: Rabon Metcalf, 1391 Seamist, College Station, Texas Floyd Manning, 3965 Pate Road, College Station, Texas Jo Manning, 3695 Pate Road, College Station, Texas Floyd and Jo Manning stated that they would love to totally remodel the building and add on to the store, but TXDOT said if they did anything that requires them to bring it up to code they would have to redo their entrance up front and then they would lose their parking up front. All speaking before the Board were sworn in by Chairman Goss. Chairman Goss closed the public hearing. • Josh Benn made the motion to authorize a variance from this Ordinance as it will not be contrary to the public interest, due to the following special conditions: previous special exception to operate as a 10 restaurant issued by ZBA in 1999 and the narrow and linear configuration of the property; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: loss of front driveway and required easement; and such that the spirit of this Ordinance shall be observed and substantial justice done. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 11.: Adjourn. The meeting was adjourned at 7:50. ATTEST: Deborah ace-Rosier, Staff Assistant ~J • ~~ 7 ,-'.' APP~tO,X/~E Jay/ ss, airman 11 ZONING BOARD OFADfUSTMENT GUEST REGISTER MEETING DATE: December 3, 2007 NAME ADDRESS a-, ~A G~ ~~~ ~_ z. ~vR~ GUG"~l - ~ t,~~~Zo ~~' ~~G~~Y ~~~~~, Tk" . 3. C%~~l'~ T/~~'~l ~, ~A~/~~'7 ~jLr'7 h~'C~«-l~lG ls'Gc/~l ,~~~'f~/11.~7~ 4. 5. 6. 7. S. 9. .10. I1. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. ~2 3. 24. 25. r---, CITY OF COLLEGE STATION Plrtnning er Development Services ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION VARIANCE FROM SECTION. ; L 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 • 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 ,; ~,~ ~~K.C-r ~ 1 ~,~. r Seconded by ,, o ; -'~ ~ ~ ~,,- Voting Results Chair Signature ~~~~- • ~~ ! ~ ~ ~ `/ • CITY OF COLLEGE S'TAT'ION Planning tr Development Servicer ZONING BOARD OF AJUSTMENT FORMAT FOR MOTIONS APPEAL OF ADMINISTRATOR'S INTERPRETATION FROM SECTION 3.17 -ADMINISTRATIVE ADJUSTMENTS OF THE UNIFIED DEVELOPMENT ORDINANCE. I move to uphold the decision or interpretation by the Administrator in the enforcement of Section ; • ~'of Unified Development Ordinance, as the decision or interpretation meets the spirit of the Ordinance and substantial justice was done. Motion made by • Seconded by Chair Signature WHEN RULING NOT TO UPHOLD THE DECISION OR INTERPRETATION MADE BY THE ADMINISTRATOR I move to interpret Section ~- ~ of the Unified Development Ordinance in the following manner: ,- 7 , .~---. Motion made . f ~~ fii~~ ~~~ ~;~~~~ ~~~ Date ~.~ j ~ fC~ ~~ ~L ~ a Seconded by -~ d Voting Results Chair Signature Date Voting Results 1 ~ o\ ~~' \\~~ nc~`~~ 'J ~ ~ CITY OF COLLEGE S'I'ACION PGtrining el DeaeloPment Servirrr ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION VARIANCE FROM CHAPTER 13 -FLOOD HAZARD PROTECTION I move to approve a variance from the terms of this Ordinance because undue hardship on the owner will result from strict compliance with those re uirements, to wit: and because: 1 S ecial circumstances or conditions affect the land involved such that strict p compliance with the provisions and requirements of this chapter will deprive the applicant of the reasonable se of his land .to vyit: C ..K c i i ( JET ~ 2) The variance is necessary for the preservation and enjoyment of a substantial property right oft e applicant, to wit: ~b:~. ~~ ~ ufe .v Motion made by ~~ ~~ ,~-P~1~1 Seconded by ~ 4 ~~~- ~~~~~I,~ Voting Results 'c " • / Chair Signature Date l~~ ~l a • CITY OF COLLEGE STATION Planning e1 Development Services [ ,, `; ~~ \ ~ ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION VARIANCE FROM SECTION of the Unified Development Ordinance. I move to 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 not be contrary to the public interest, due to the following special conditions: ~:r ~ `~ ' ~ ~ ~' / 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 shall be observed and substantial justice done subject to the following limitations: Motion made by •, c ~ ~1 r u! a~.~. Seconded by 4 Voting Results ~ yZ Chair Signatur Date ~ 7/