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Home My WebLink About11/11/2008 - Regular Minutes - Zoning Board of Adjustments.~~' , • ~ CITY OF COLLEGE STATION WORKSHOP MINUTES Zoning Board of Adjustment November 11, 2008 CITY OF COLLEGE STATION, TEXAS City Hall Council Chambers 1101 Texas Avenue 5:30 P.M. MEMBERS PRESENT: Chairman Jay Goss, Donald Braune, Josh Benn, Rodney Hill and John Richards. MEMBERS ABSENT: Hunter Goodwin and Melissa Cunningham (not needed). STAFF PRESENT: Staff Assistants Deborah Grace-Rosier and Amber Carter, Planning and Development Services Director Bob Cowell, Planning Administrator Molly Hitchcock, Planning and Development Services Assistant Director Gabriel Elliott, Senior Planner Jennifer Prochazka, Staff Planners Matt • Robinson and Matthew Hilgemeier, Assistant City Attorney Mary Ann Powell, and Action Center Representative Carrie McHugh. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Goss called the meeting to order at 5:35. AGENDA ITEM N0.2: Discussion of requested Administrative Adjustments. 1311 Milner, 18-inch side street setback encroachment. 1403 Athens Drive, Zeta Tau Alpha, parking. There was no discussion concerning these cases. AGENDA ITEM N0.3: Discussion of Regular Agenda Items. There was no discussion concerning the cases. AGENDA ITEM NO. 4: Presentation, discussion regarding the legal implications of granting variances. Ms. Powell stated that the question to her was, "do variances run with the land", and she replied yes. i She referred to the Local Government Code, Section 211.0098. Chairman Goss asked if the Board could grant conditional variances for a specific person who owns the land. Ms. Powell replied no, but that variances can be crafted to the use of the property. Chairman Goss referred to an earlier case concerning branding colors and asked if City Council would change that section of the ordinance. Mr. Cowell told the Board that staff and the owner both raised • the question to Council and they were not willing to change the ordinance. Chairman Goss asked if ZBA needs to ask staff to specifically raise that question to Council. Mr. Cowell responded that it is always helpful for ZBA to raise it as an issue. Mr. Cowell stated that the Board can put it on a future agenda item and formulate a recommendation to Council and staff would bring it forth to Council. AGENDA ITEM NO. S: 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 addressed. AGENDA ITEM N0.6: Adjourn. Mr. Benn motioned to adjourn the meeting, Mr. Braune seconded the motion, which passed unopposed (5-0). The meeting was adjourned at 6:00. • ATTEST: h Grposier, Staff Assistant O Chairman • • ~~ CITY OF COI.I.,F.GE STATION MINUTES Zoning Board of Adjustment November 11, 2008 CITY OF COLLEGE STATION, TEXAS City Hall Council Chambers 1101 Texas Avenue 6:00 P.M. MEMBERS PRESENT: Chairman Jay Goss, Donald Braune, Josh Benn, Rodney Hill and John Richards. MEMBERS ABSENT: Hunter Goodwin and Melissa Cunningham (not needed). ~TAFF PRESENT: Staff Assistants Deborah Grace-Rosier and Amber Carter, Planning and Development Services Director Bob Cowell, Planning Administrator Molly Hitchcock, Planning and Development Services Assistant Director Gabriel Elliott, Senior Planner Jennifer Prochazka, Staff Planners Matt Robinson and Matthew Hilgemeier, Assistant City Attorney Mary Ann Powell, and Action Center Representative Carrie McHugh AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Goss called the meeting to order at 6:03 PM. AGENDA ITEM N0.2: Consideration, discussion and possible action of absence requests. No requests submitted. AGENDA ITEM N0.3.: Consideration, discussion and possible action to approve meeting minutes. August 5, 2008, Workshop Meeting Minutes Mr. Braune motioned to approve the workshop meeting minutes, Mr. Richards seconded the .motion, which passed unopposed (5-0). August 5, 2008, Regular Meeting Minutes r. Benn motioned to approve the regular meeting minutes, Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM N0.4: Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance, Section 5.2 Residential Dimensional Standards regarding the front setback requirement for 3907 Santour Court, Lot 17, Block 14 Edelweiss Gartens Phase 7. Case #08-00500239 (MR) This item was pulled by the applicant. AGENDA ITEM NO. S: Public hearing, presentation, possible action, and discussion on a special exception to the Unified Development Ordinance, Section 9.2 Nonconforming Uses regarding expansion of a nonconforming use for 1115 Anderson Street, being all of a 2.805 Acre Tract, Crawford Burnett Tract 146. Case #08-00500261 (MR) Staff Planner Matt Robinson presented the staff report and told the Board that the applicant is requesting to add a 30' x 55' modular building to the site to be utilized for office space; thus the applicant is requesting to expand anon-conforming use by approximately 5%. Chairman Goss opened the public hearing. Stepping forward to speak in favor of the variance request .was: David Sain, 475 Jack Kramer Drive, Memphis, TN. Mr. Sain was sworn in by Chairman Goss. Chairman Goss closed the public hearing. Mr. Benn motioned to authorize a variance to the non-conforming use from the terms of the Ordinance as it will not be contrary to the public interest, due to the following special conditions: nursing homes are not allowed as a conditional use in R-1 Single-Family zoning districts and the applicant cannot increase the size without a variance: and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: applicant cannot increase the size without a variance; and such that the spirit of this Ordinance shall be observed and substantial justice done subject to the following special conditions: the variance is limited to 5% of the total existing building size and to be placed on the northwest quadrant of the property. Mr. Richards seconded the motion, which passed (4-1). Mr. Hill voted against granting the variance. AGENDA ITEM N0.6: Public hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance, Section 7.1.H.2 Single Family Protection regarding the height limitation for 108 Poplar Street, Lot 8 and part of Lot 7, Armstrong Subdivision. Case #08-00500181 (JP) Senior Planner Jennifer Prochazka presented the staff report and stated that the applicant has proposed to redevelop the subject property, in conjunction with the adjacent former Adult Video site, as a two- story office building, and has therefore requested that Section 7.1.H.2 Single-Family Protection (a height limitation) not apply in this case. If the variance is granted, the standard 7.5-foot side setback would apply. Chairman Goss opened the public hearing. Those stepping forward to speak in favor of the variance request were: .Jane Kee, IPS Group, 511 University Drive # 205, College Station, TX. James Allen, 16227 South Main, San Antonio, TX. All speaking before the Board were sworn in by Chairman Goss. Chairman Goss closed the public hearing. Mr. Benn motioned to authorize a variance to the height limitation from the terms of this Ordinance as it will not be contrary to the public interest, due to the following special conditions: shape of the property; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: he would not be able to develop the property; and such that the spirit of this Ordinance shall be observed and substantial justice done subject to the following limitations: no structure shall be higher than 30 feet. Mr. Braune seconded the motion, which passed (4-1). Mr. Hill voted against granting the variance. AGENDA ITEM NO. 7: Adjourn. The meeting was adjourned. A ,/ G s, Chairman T: Deborah Grace~ier, Staff Assistant ~~ • \ ~~~ o ~,~~~2~- CITY OF COLLEGE STATION Planning d' 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 the Ordinance as it will not be contrary to the public interest, due to the following sp cial conditio GZ~.1~r1 Lc~c1~D U-~e. ,''"' R'' ~ ~wCv/e. ~~,~ ~c~ ~l1f~u~ ~t.f `'~~~ . , ~t1f`T'[.~1.^/l' ~i~/No'J~ ~rU~itPitSP SrL a (~U1 ~ Q ~/~t~,~/~ ' and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this a plicant being: L/~_ 1 ~-fyiP.ir~rl Ca,/~/~ ~r~k,tQ e~i,~ L~4~'`~T a U~(.il~u . and such that the spirit of this Ordinance shall be observed and substantial justice done subiect to thefollowina limitations:.. 10 ~ _ i fJ~ // ~,~,~^~ Seconded by °~b~ ~~~ r ~~ • Chair Signature Date 1~ ~ d g Voting Results ~"7~' "~ ~ ,~ ~4oQtos~ • CITY OF COLLEGE STATION Planning er 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 a it will not be contrary to the public interest, due to the following special conditions: and because a strict enforcement of the provisionsQof the ~Or®di~nance would result in unnecessary hardshi~t~ is apt i/b f ,G~ ~~ir~(.~ and such that the spirit of this Ordinance shall be observed and substantial justice done subje~~ t~~ollo~mitat' ns /J Motion made by Seconded by ~/,~L Voting Results ~ D - • Chair Signature Date ~ 1 ~ ZONING BOARD OFADJUSTM~NT GUFST R~'GISTFR MEETING DATE: November 11, 2008, 2008 NAME 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. ~1. 12. 13. 14. 15. 16. 17. 18. 19. Z0. 21. 22. 23. ~4. 25. ADDRESS