HomeMy WebLinkAbout06/06/2006 - Regular Agenda Packet - Zoning Board of Adjustments(* 4 r "
CITE' OF COI,I,F, F SUNTION
Planning & Devellopmen ';tnices
1. Call to order
Agenda
Workshop Meeting
Zoning Board of Adjustment
Administrative Conference Room
1101 Texas Avenue
Tuesday, June 06, 2006
5:30 PM
2. Discussion of Administrative Adjustments given by the Administrator.
• 2007 Old May Court
• 2008 Texas Avenue South
3. Discussion of Regular Agenda items.
Workshop
4. Presentation and discussion regarding a recent decision by City Council concerning
action only minutes.
5. Consideration and possible action on future agenda items — A Zoning Board 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.
6. Adjourn.
Consultation with Attorney fGov't Code Section 551.071: possible action.
The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated
litigation subject or attorney- client privileged information. After executive session discussion, any final action or
vote taken will be in public. If litigation or attorney- client privileged information issues arse as to the posted
subject matter of this Zoning Board of Adjustments meeting, an executive session will be held.
Notice is hereby given that a Workshop Meeting of the Zoning Board of Adjustment of College Station, Texas
will be held on Tuesday, June 06, 2006 at 5:30 PM at the City Hall Council Chambers, 1101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda
Posted this the day of , 2006 at p.m.
CITY OF COLLEGE STATION, TEXAS
By
Connie Hooks, City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Zoning Board of Adjustment of
the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and
correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas,
and the City's website, www.cstx.gov The Agenda and Notice are readily accessible to the general public at
all times. Said Notice and Agenda were posted on p.m. and remained so posted continuously
for at least 72 hours preceding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the
following date and time: by
Dated this day of 2006.
CITY OF COLLEGE STATION, TEXAS
By
Subscribed and sworn to before me on this the day of ' 2006.
Notary Public- Brazos County, Texas
My commission expires:
This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive service must be made 48 hours before the meeting. To make arrangements call 979.764.3517 or
(TDD) 800.735.2989. Agendas may be viewed on www.cstx.gov
.,ITY OF COLLEGE STATION
Planning c� Development .5ereicrs
Agenda
Regular Meeting
Zoning Board of Adjustment
City Council Chambers
1101 Texas Avenue
Tuesday, June 06, 2006
6:00 P.M.
Call to order — Explanation of functions of the Board.
2. Consideration, discussion and possible action of absence requests.
Consideration, discussion and possible action to approve meeting minutes.
• March 7, 2006 Workshop and Regular Meeting Minutes
• April 4, 2006 Workshop and Regular Meeting Minutes
Regular
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.
5. Public hearing, presentation, possible action and discussion on a variance to the Unified
Development Ordinance, Section 7.2, Number of Off Street Parking Spaces required, for
2700 Texas Avenue South, College Station Shopping Center.
6. Adjourn.
Consultation with Attorney {Gov't Code Section 551.071: possible action.
The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated
litigation subject or attorney- client privileged information. After executive session discussion, any final action or
vote taken will be in public. If litigation or attorney - client privileged information issues arise as to the posted
subject matter of this Zoning Board of Adjustments meeting, an executive session will be held.
Notice is hereby given that a Regular Meeting of the Zoning Board of Adjustment of College Station, Texas
will be held on Tuesday, June 06, 2006 at 6:00 p.m. at the City Hall Council Chambers, 1101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda
Posted this the clay of , 2006 at p.m.
CITY OF COLLEGE STATION, TEXAS
By
Connie Hooks, City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Zoning Board of Adjustment of
the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and
correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas,
and the City's website, www.cstx.gov The Agenda and Notice are readily accessible to the general public at
all times. Said Notice and Agenda were posted on p.m. and remained so posted continuously
for at least 72 hours preceding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the
following date and time: by
Dated this day of 2006.
CITY OF COLLEGE STATION, TEXAS
By
Subscribed and sworn to before me on this the day of ' 2006.
Notary Public- Brazos County, Texas
My commission expires:
This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive service must be made 48 hours before the meeting. To make arrangements call 979.764.3517 or
(TDD) 800.735.2989. Agendas may be viewed on www.cstx.gov
C O F COLLEGE 'fAf1ON
Nannitg d- Daej vrwru Se vica
FOR OFFICE USE ONLY
CASE NO.: ( ' �t — 1 —
DA SUBMITTED: �ll� -
ADMINISTRATIVE ADJUSTMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS.
Flling ree of WrWr
r' Application wrnpl8ted in full.
Additional materials may be! requireci of the applicant such as site plans, eleti+ on drain +lags, sign details
and floor plans. The ZDninq Official shall 'inform the applicant of any extra materials required.
Data of Preapplication Cunfarence:
APPLIGANTIPROJECT MANAGER'S INFORMATION (Primary Contact for the Project):
Name r'%ko 00 4 Xis t+ t
Street Address M 4At1 -C-Ci? t, City do lfeoE 54A41
S te Ie 2i lip Code `lintN'f E -Mail Address
Phono Number _1q .q" 00 L) Fax Numb '171 7B1
9 71 RS - 40S
PROPERTY OWNER'S INFORMATION:
Name fl P hl A.+'+ Co I Xr,i C.
Street Address 12-A 4u_ i City [rC �rlC
Stake Zip Cod E -Mail Address _
Phrne (dumber �_�� ` � A � Fax Number 9 ' 7 9 - X90 - 1 ELI
LOCATION OF PROPERTY:
Address 2 0 0`7 d M
Lot 7, Block 4 Subdivision
Description if there is no Lot, Block and Subdivision
Wi ll',
Current Zoning of Subject Property: 't
f
Applible Ordinance Section: rich o t z
rYIx3 1 of 2
ADMINISTRATIVE TRATIVE ADJU TMENT REQUEST
The following specific adjustment (up to 10%) from the ordinance requirements is requasted-
This adjustrnen #rill rrat $ contrary to the public interest Py virtue of the following facts;
The granting of the adjustment will not materially or adversary affect adjacent land uses or the physical
character of the uses in the immediate vicinity because of the following; 1 6 Ilj + �
,A r 6a utj A C `5 Qv 5 b ' ,
The granbng of the adjustment will be consistent with the pulp
Ordinance be-CaLiSe Of the follor+wing; rn�, U00 �
No h e_nJ A 12 --41 � r1 wmikinor
and intent of the Unified Develaprnent
Aa, + , wi ll
LU
Tho appfruent has prepared this appNeadon and carfidies that fhe facts stated he r and ex#7fbifs a.Uached
herefc 21x9 true. COf ect and COMP16te.
r �
ignature and We
r"1103
— Z� /—
Date
(*A
CITY Or C OLLE G r - rATiO
1101 Texas Avenue, PO Box 9960
College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
April 19, 2006
Herman Couch, Inc.
1282 Stauffer Circle
College Station, TX 76834
RE: Property located at 2007 Old May Court, Lot 2, Block 4 Williams Creek Phase 2
Dear Mr. Couch:
This letter is to inform you that the above referenced property has received an
administrative adjustment of 4 feet 3 inches to the rear building setback requirement.
According to the Unified Development Ordinance Section 3.15, the Administrator has
the authority to authorize an adjustment of up to 10 percent from any numerical
zoning standard set forth in Articles 5, 6, or 7 of the Unified Development Ordinance.
To approve the application for an administrative adjustment, the Administrator shall
make an affirmative finding that specific criteria, as outlined in Section 3.15.E of the
Unified Development Ordinance, have been met.
The Administrator has found that:
Granting the adjustment will ensure the same general level of land use
compatibility as the otherwise applicable standards;
Granting the adjustment will not materially or adversely affect adjacent land uses
or the physical character of uses in the immediate vicinity of the proposed
development; and
Granting the adjustment will be generally consistent with the purposes and intent
of this UDO.
• Page 2
If you have any questions, please feel free to call me at 979.764.3570.
Sincerely,
Lance Simms
Assistant Director
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
May 30, 2006
This instrument was acknowledged before me on the day of April 2006, by
Lance Simms, Assistant Director of Planning & Development Services, for the City of
College Station, Texas.
Notary Public, State of Texas
CC: File # 06- 00500077
C ITY DF C0 1=E STATION
Ffa »ofrg ¢ihrrrppmr�r " icax
PO OFFICE USE ONLY
r G'
CASE ND. - :"
ATV SU19 MITrED_ 1 o
I () N
ADMINISTRATIVE ADJUSTMENT APPLICATIO
MINIMUM SUBlhAIlTAL REQUIREMENTS:
ding Fee of $40,00,
Applicafion completed in full.
Additional materials may be required of the app kl nt such as site plans, elevation drawings. sign details
and floor plans. The Zoning Official shall inform the applicant of any extra materials required.
Date of Preapplication Conference:
APPLICANT /PROJE=CT MANAGERS INFORMATION (Primary Contact for the Project):
N€11t18
f
Street Address
State
Phone Number
/ � ,
Zip Code 7 E -Mail Address _
r e , `l ) C Fax Dumber
PROPERTY OWNER'S INFORMATION:
Name P -', J
Street Address 2 4 *0Y ck
State Zip de E-MaIl Address _
Phana Number � 7"?) - Z- _. z-1 — Y Fax Number
LOCATIC]N OF PROPERTY'
Address P.r 1 4 . 1 / 1511- / �y .
Lot Block
Subdivision
Ue5adptian if there is na LQt, Hiock and Subdivisiun
Current Zoning of subject Property, C - I
Applicable Ordinance section;
City O' er -#
Oily ;
EOr'13M 1 uC 1
ADMINISTRATIVE A DJUSTMENT REQUEST
The fogor►rimg specific adjustment fup to 10%) from the ordinance requirements is requested; 31
This adjustment will not be contrary to the public In by virtue of the fallowing facts:
The granting of the adjustrneni will not materially or advemeiy affect adjacent land uses or the physica l
Character of the mes in the immediate vicinity because of the following: �., , .? _ #� �+ /I
The granting of the adjuslment vryll be cornsistant with the purpose and intent of the Unifled Development
Ordinance because of the following: T "5•e f r .� . - �* •f � Aqr. / . f.?
The appficant has prepared this appiicatrnn endcartlfres that the facts stated herein snd exhibits aitacbed
berato am true, comact and co plere.
Signature and Title Date
CITY OF COLLEG E STATION
1101 Texas Avenue South, PO Box 9960
College Station, Texas 77842
Phone 979.764.3570 / Fax 979.764.3496
May 9, 2006
Debbie Knox
Manager of Real Estate
HEB Grocery Company, LP
3 River Way, Suite 110
Houston, TX 77056
RE: Property located at 2008 Texas Avenue South
IITxTILYAM►f iMe
This letter is to inform you that the above referenced property has received an
administrative adjustment of seven (7) parking spaces as required by the Unified
Development Ordinance, Article 7, Section 2, Off - Street Parking Standards. This is a
1.5% adjustment.
According to the Unified Development Ordinance Section 3.15, the Administrator has
the authority to authorize adjustment of up to 10 percent from any numerical zoning
standard set forth in Articles 5, 6, or 7 of the Unified Development Ordinance. To
approve the application for an administrative adjustment, the Administrator shall
make an affirmative finding that specific criteria, as outlined in Section 3.15.E of the
Unified Development Ordinance, have been met.
The Administrator has found that:
Granting the adjustment will ensure the same general level of land use
compatibility as the otherwise applicable standards;
Granting the adjustment will not materially or adversely affect adjacent land uses
or the physical character of uses in the immediate vicinity of the proposed
development; and
• Page 2
May 30, 2006
Granting the adjustment will be generally consistent with the purposes and intent
of this UDO.
If you have any questions, please feel free to call me at 979.764.3570.
Sincerely,
Lance Simms
Acting Director, Planning and Development Services
CC: Sean Mitchell
File # 06- 00500085
WORKSHOP MINUTES
Zoning Board of Adjustment
March 7, 2006
CITY OF COLLEGE STATION, TEXAS
5 :30 P.M.
MEMBERS PRESENT: Chairman Jay Goss, John Richards, Josh Beni, Derek Dictson &
Alternate Charles Taylor.
MEMBERS ABSENT: Graham Sheffy, Donald Braune & Alternate Denise Whisenant.
STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Crissy Hartl & Lindsay
Boyer, Assistant City Engineer Alan Gibbs, Assistant City Attorney
Angela Deluca, Assistant Planning and Development Services Director,
Lance Simms.
AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board.
Chairman Goss called the meeting to order.
AGENDA ITEM NO. 2: Discussion of Administrative Adjustments given by the
Administrator.
—211 Lee Avenue
Mr. Simms discussed the adjustment given.
AGENDA ITEM NO. 3: Discussion of regular agenda items.
There was general discussion concerning the cases.
AGENDA 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.
AGENDA ITEM NO.5: Adjourn.
The meeting was adjourned.
APPROVED:
Jay Goss, Chairman
ATTEST:
Deborah Grace, Staff Assistant
MINUTES
Zoning Board of Adjustment
March 7, 2006
CITY OF COLLEGE STATION, TEXAS
6:00 P.M.
MEMBERS PRESENT: Chairman Jay Goss, John Richards, Donald Braune, Derek Dictson &
Alternate Charles Taylor.
MEMBERS ABSENT: Graham Sheffy, Josh Benn & Alternate Denise Whisenant
STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Crissy Hard & Lindsay
Boyer, Assistant City Engineer, Alan Gibbs, Assistant City Attorney
Angela Deluca, Assistant Planning and Development Services Director,
Lance Simms.
AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board.
Chairman Goss called the meeting to order.
AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests.
Mr. Sheffy submitted an absence request stating that he could not attend due to recuperating from being
in the hospital. Mr. Richards nzade the motion to approve. Mr. Braune seconded the motion, which
passed unopposed (5 -0).
Mr. Bruane submitted an absence request stating that he would be out of town on business. Mr.
Richards made the motion to approve. Mr. Braune seconded the motion, which passed unopposed
(5 -0).
AGENDA ITEM NO. 3: Consideration to approve meeting minutes:
— December 6, 2005 Workshop and Regular
— January 10, 2006 Workshop and Regular
Mr. Bruane made the motion to approve the December 6, 2005 meeting minutes. Mr. Richards
seconded the motion, which passed unopposed (5 -0).
Mr. Dictson made the motion to approve the January 10, 2006 meeting minutes. Mr. Braune
seconded the motion, which passed unopposed (5 -0).
AGENDA ITEM NO. 4: Public hearing, presentation, possible action, and discussion to
consider a drainage variance for 1401 University Drive East, Lot 1, Block 1, The Gateway Phase
1, Lot 1, Block 1, The Gateway Phase 2 and Lot 1, Block 1, The Gateway Phase 3. The applicant
is Brazos Gateway Place Development Ltd. (06 -09)
Mr. Gibbs presented the staff report and stated that the applicant is requesting a drainage variance to
construct a private access drive with creek crossing consisting of fill, concrete box culverts and waterline
improvements. The variance will allow the applicant to gain access to the 7.6 acre tract. The only way
to access the 7.6 acres is to cross the tributary. Staff is recommending approval of the variance.
Chairman Goss opened the public hearing.
The property owner, David Scarmardo and applicant, Stewart Kling stepped before the Board and were
sworn in by Chairman Goss. They both spoke in favor of the variance request.
With no one stepping forward to speak, Chairman Goss closed the public hearing.
Mr. Dictson made the motion to authorize a variance from the terms of this ordinance because undue
hardship on the owner will result from strict compliance with those requirements, to wit: the owner will
not have access to the property if not granted due to the property being land locked from prior
development at all other access points; 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 reasonable use of his land, to wit: creek must be crossed to access this tract: The
variance is necessary for the preservation and enjoyment of a substantial property right of the applicant,
to wit: lack of access would leave the tract under developable. Mr. Braune seconded the motion,
which passed unopposed (5 -0).
AGENDA ITEM NO. 5 : Public hearing, presentation, possible action, and discussion to
consider a variance to the minimum lot depth for 617 Columbus Street, Lots A &B, Block 1, in the
Prairie View Heights Subdivision. Applicants are Terry and Robert Smith. (06 -19)
Lindsay Boyer, Staff Planner presented the staff report and stated that the applicant is requesting the
variance to allow the property to legally re- subdivide. Staff is recommending approval of the lot depth
variance.
Chairman Goss opened the public hearing.
Terry Smith, the applicant stepped before the Board and was sworn in by Chairman Goss. Mr. Smith
spoke in favor of the request.
Mr. Taylor made the motion to authorize a variance to the lot depth from the terms of this
Ordinance as it will not be contrary to the public interest, due to the following special conditions:
existing lot depth is 85 -feet: and because a strict enforcement of the provisions of the Ordinance would
result in unnecessary hardship to this applicant being: extra land is not available: and such that the spirit
of this Ordinance shall be observed and substantial justice done. Mr. Dictson seconded the motion
which passed unopposed (5 -0).
AGENDA ITEM 6 Adjourn
The meting was adjourned.
APPROVED:
Jay Goss, Chairman
ATTEST:
Deborah Grace, Staff Assistant
WORKSHOP MINUTES
Zoning Board of Adjustment
April 4, 2006
CITY OF COLLEGE STATION, TEXAS
5 :30 P.M.
MEMBERS PRESENT: Chairman Jay Goss, John Richards, Josh Benn & Alternate Denise
Whisenant.
MEMBERS ABSENT: Graham Sheffy, Donald Braune & Alternates Derek Dictson & Charles
Taylor.
STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Crissy Hard & Lindsay
Boyer, Senior Planner Jennifer Prochazka, Assistant City Attorney
Angela Deluca, Assistant Planning and Development Services Director,
Lance Simms.
AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board.
Chairman Goss called the meeting to order.
AGENDA ITEM NO. 2: Discussion of Administrative Adjustments given by the
Administrator.
— 4202 Ludlow
— 4828 Williams Creek Drive
Mr. Simms discussed the adjustments given.
AGENDA ITEM NO. 3: Discussion of regular agenda items.
Mr. Simms stated that the applicant for 617 Columbus has pulled their item from the agenda.
Ms. Hard answered questions concerning the sign variance.
AGENDA ITEM NO. 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 NO.6: Adjourn.
The meeting was adjourned.
APPROVED:
Jay Goss, Chairman
ATTEST:
Deborah Grace, Staff Assistant
MINUTES
Zoning Board of Adjustment
April 4, 2006
CITY OF COLLEGE STATION, TEXAS
6:00 P.M.
MEMBERS PRESENT: Chairman Jay Goss, John Richards, Josh Benn & Alternate Denise
Whisenant.
MEMBERS ABSENT: Graham Sheffy, Donald Braune & Alternates Derek Dictson & Charles
Taylor
STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Crissy Hard & Lindsay
Boyer, Senior Planner Assistant City Attorney Angela Deluca, Assistant
Planning and Development Services Director, Lance Simms.
AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board.
Chairman Goss called the meeting to order.
AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests.
Mr. Sheffy submitted an absence request stating that he could not attend due to recuperating from being
in the hospital. Mr. Benns made the motion to approve. Mr. Richards seconded the motion, which
passed unopposed (4 -0).
Mr. Bruane submitted an absence request stating that he would be on vacation. Mr: Richards made the
motion to approve. Mr. Benn seconded the motion, which passed unopposed (4 -0).
AGENDA ITEM NO. 3: Public hearing, presentation, possible action, and discussion to
consider a building variance setback variance for 617 Columbus, Lots A &B, Block 2, in the
Prairie View Heights Subdivision. Applicants are Terry and Robert Smith. (06 -19)
The applicants pulled this item from the agenda.
AGENDA ITEM NO. 4: Public hearing, presentation, possible action, and discussion of a sign
variance for 1842 Graham Road, Lot 4 -R, Block 1, in the Graham Road Plaza. Applicant is J.
Brett Cumpton. (06 -26)
Staff Planner Crissy Hard presented the staff report and stated that the applicant is requesting the
variance to increase the height of the low profile sign. Ms. Hard added that the applicant first met with
staff in August 2005 to discuss the development of a free standing Popeye's Chicken restaurant at the
corner of Graham Road and SH -6 frontage road. In addition to site plan requirements, he was made
aware that the lot was a part of a building plot and would share signage with adjacent lots, as noted on
the plat; however, the lot would be allowed a low- profile sign, limited to 4 feet in height and 60 square
feet.
The applicant was also made aware of the sign restriction as part of the building plot at the site plan
review stage, when the applicant applied for a freestanding sign permit requesting a 12- foot -4 -inch sign,
which was denied. The variance request includes a 5 -foot low - profile sign, thus the applicant is
requesting a 1 -foot variance.
There were no questions from the Board.
Mr. Berm made the motion to deny a variance to the sign regulations from the terms of this
ordinance, as it will be contrary to the public interest, due to the lack of unique special conditions not
generally found within the city; the applicant does not list special conditions or hardship that the Board
can consider; and because a strict enforcement of the provisions of the Ordinance would not result in
substantial hardship to this applicant , and such that the spirit and intent of this Ordinance shall be
preserved and the general interest of the public and applicant served. Mr. Richards seconded the
motion, which passed unopposed (4 -0)
AGENDA ITEM NO. 5 Adjourn.
The meeting was adjourned.
APPROVED:
Jay Goss, Chairman
ATTEST:
Deborah Grace, Staff Assistant
STAFF REPORT
Project Manager: Crissy Hartl, Planner Report Date: May 24, 2006
Email: chartl(a)cstx.gov Meeting Date: June 6, 2006
Project Number: 06- 00500108
APPLICANT: Todd Carnes
REQUEST: Side building setback
LOCATION: 2438 Newark Circle
PURPOSE: To legitimize a building setback error made during
construction.
GENERAL INFORMATION
Status of Applicant:
Property Owner:
Applicable
Ordinance Section:
Property Owner & Builder
Same as applicant
Section 5.2 Residential Dimensional
Standards
PHYSICAL CHARACTERISTICS
Zoning and Land Use: The subject property and all surrounding properties are
zoned and developed as PDD, Planned Development District.
Frontage: 71.11' frontage along Newark Circle, 114.27' side frontage
along Newark Circle
Access: Site survey indicates a driveway in front along Newark
Circle
Topography &
Vegetation: Relatively flat with some vegetation
Flood Plain: Not within the floodplain
VARIANCE INFORMATION
Background: This case involves an error made by the builder in establishing
the 15 -foot side street setback. The result is an encroachment that reaches
11.15 feet from the property line to the closest part of the home; thus the
applicant is requesting a side setback variance of 3.85 -feet.
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ANALYSIS
Special Conditions: The applicant states that he is off the setback by 3.85 -
feet because the radius "clipped the corner."
Hardships: The applicant states that he does not have a hardship.
He indicates that prior to the slab inspection, he
measured the setbacks with pulled string, but he couldn't
measure the radius.
Alternatives: The applicant offers no alternatives.
Recommendation: Staff recommends denial for this variance request. The
applicant has stated that he does not have a hardship or
special condition; therefore staff can not support this
variance request.
SPECIAL INFORMATION
Ordinance Intent: Building setback requirements usually allow for some
degree of control over population density, access to light and air, and fire
protection. These standards are typically justified on the basis of the protection
of property values.
Number of Property
Owners Notified: 19
Responses Received: 2 inquiry phone calls
ATTACHMENTS
1. Small Area Map and Aerial Map
2. Application
3. Site Plan (provided in packet)
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ZO NING BOARD O AD JUSTMENT APPLICATION
MIHIMUM SUBMITTAL REQUIREMI`MT :
Filing FeB of $YP0.00.
Appllcatior) oarnplete�t in full.
Additional materials may be required of the applicarht such as site plans, elevation drawings, si g
gr% detail
and floor plans. The Zorfing OffwciaK shall ir4form the applicant of any extra materials required.
Date of Praapplication Conference;
APP LICA (T, +PROJECT MANAGER'S INFORMATION (Primary Contacifor the Project)
Sint Address - L' L� W City 1 «
4
State )r. 7-in Code - ) - }�e'` D _ E-M ail Address OsV" kcu A "Ar - -e\ -N
Phona (dumber �_ J
I ax N'omber _._ ° � � �
F -OFFICE USE O HLV
CASE HO.:
DA 'FESUBMITTED: f Vi r
r)- l IL e 1
PROPF -RTY OWN P R'S INFORMATION:
Name � �� � C'. 5 &Z u s t
Street Address
State
Phone Number
Zip Code
LOCATION OF PROPERTY -
Address I I I
Lot c Block '_ Subdl +�slon
Description if there Is no Lot, Block and Subdivision
Action Requested: (Circle One)
aback lari Appeal of Zoning Officlai's Interpretatlon
Parking Variance Special Excep #ion
S' n VariarLcu Ott er
Current Zoning of Subject
Applicable Ordinance Sectlpn: c %t_-
I .ATO3
i #
£ -Mall Address
Fax Number
Page i of 6
GENERAL VARIANCE REQUEST
UE T
ThefolloWng specific variation from the ordinance is requested:
- C Se. tax A I ijc. # r ti.'� J eL'1 t-r \fi e
4L Er'.. -e
This variance ,s necessary due to the following special conditions:
Spacial Conditlori Definition; To justify a variance, the' difficulty must be glue to unique circumstances
involving the particular properly. The unique circurnslances must be related to a physical characteristic; of the
property itself, not to the owner's personal situation. This is because regardless or ownefship, the variance will
run with the land.
Example: A Creak bisecting a lot, a smaller buildable area iharx is seen on surrounding Tots, specimen trees.
Note: A cul-de-sac Is a standard street layout in College Station. The shape of standard cul-de-sac lots are
generally not special conditions- r y
- a t-q. - S \P,V - -
The unnecessary hardship (s) involved by meeting ttl provisions of the ordinance other than financial
har'dshrfp Islam:
Hardship Definition!. The inability to make reasonable use of the property in accord with the literal
requirements of the law. The hardship must be a direct result of the special condition.
Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the Iat, when
compared to neighboring properi; - - r
1\ CCLl.itlu ri l4 I n -
The foIlowtng ullernaki+'os to the rlequesied veria.nce are possible:
VI\ e.^[ _ C I � 1 - V l'j . 1 1 ar
xl .rr(. � �1 '' +` Cw4 f `0,435Ac.te
This variance will not be contrary to the public. interest by virtue of the following facts:
Nit:k er,s+lam < Vsi t ydr{,
it-
4G-r u(r C . ti l ne, r c \A. c-,.s
cy Vr}(
The applicant bras prepared this appJ;caticrr and ceri}fies that the facts statedliereln and exhi i t attached
her to are free, cor act and complete.
i)( 5 67— CI Id2
Signature and Title Data
el a1dt3
Pao2of6
STAFFREPORT
ProjectManagerReportDate:
:LindsayBoyer,StaffPlannerMay22,2006
Email:MeetingDate:
lboyer@cstx.govJune6,2006
ProjectNumber:
06-00500086
APPLICANT:
DavidCottrell
REQUEST:
ParkingVariance
LOCATION:
2700TexasAvenueSouth
PURPOSE:
Toreduce thenumberofrequiredparkingspaces for the
CollegeStationShoppingCenterby8%or37spaces.
GENERALINFORMATION
StatusofApplicant:
Owner
Property Owner:
DavidCottrell
Applicable
OrdinanceSection:
UDOArticle7,Section2.H,Numberof Off-StreetParking
SpacesRequired
PHYSICALCHARACTERISTICS
ZoningandLandUse
x
SubjectProperty:
C-1, GeneralCommercial
x
North:
AcrossValleyViewRoad:C-1, GeneralCommercialandR-
6,HighDensityMulti-Family
x
West:
AcrossLongmireDrive:C-2,Commercial Industrial
x
East:
AcrossTexasAvenue:C-1, GeneralCommercial
x
South:
AcrossHarveyMitchellParkway;C-1, GeneralCommercial
Frontage:
Thispropertyhas frontageonLongmireDrive(650 feet),
HarveyMitchellParkway(360 feet),TexasAvenueAccess
Drive(800 feet),andValleyViewRoad(900 feet)
Access:
Thesubjectpropertyhasaccess from theTexasAvenue
AccessRoad,ValleyViewRoad,andLongmireDrive.
O:\group\deve_ser\stfrpt\zngstfrpt\honda.doc
Topography&
Vegetation:
Thepropertyisrelatively flatwithlittlevegetation.The
currentsiteplanasbuiltwillincludeanumberofnew trees
andshrubs throughout thesite.
FloodPlain:
None
VARIANCEINFORMATION
Background:
ThesubjectpropertyiscurrentlydevelopedastheCollege
StationShoppingCenterwithTractorSupplyandGoodwillas
majortenants.Lastsummer,asiteplanwassubmittedbyDavid
Cottrellforsiteandbuildingimprovementsthatincludedanew
padsitefortherecentlycompletedAutoZone,aswellasa
redesignoftheentireparkinglot.Atthattime,staffrecognized
thedifficultyinbringinganoldsiteintofullcompliancewiththe
currentNon-ResidentialArchitecturalStandardsandan
AdministrativeAdjustmentwasgivento10percentofthe
requiredparking(47spaces)toallowthesitetomeetthe
landscapingandparkingendislandregulations.Thetotal
numberofrequiredspacesforthesiteis468.Withthe
administrativeadjustment,therequiredspaceswerereducedto
421.Thesespaceswereaccommodatedonthesite,andthe
siteplanwasapprovedinNovemberoflastyearandall
buildingpermitshavebeenissued for theconstruction.
Intherecentmonths,ithascometolightthataportionofthe
propertythatwasplannedforparkingisnotownedorcontrolled
byMr.Cottrell.Thatpropertycontainsrequiredspacesthat
mustbeaccommodatedelsewhereonthesite,orelsea
variancemustbegrantedcoveringthespaces.Thesitehas
beenredesignedtorecoveraportionofthespaces,however,
thesiteisstilllacking37spacestomeettheordinance.
Currently,theyareproviding384spaceson thepropertyowned
byMr.Cottrell.Althoughthisvarianceislessthan10%,itis
beingbroughtforwardbecausewiththeadministrative
adjustment,itscumulativeeffectisgreaterthan10%.Overall,
thetotalvariancesforthispropertywillbe18%oftherequired
parking.
ANALYSIS
SpecialCondition
&Hardship:
Theportionofthepropertyinquestionwaspreviouslybelieved
tobeundertheownershipofMr.Cottrell.Thebuildingpermits
havebeenissued,and thesiteiscurrentlyunderconstruction.
O:\group\deve_ser\stfrpt\zngstfrpt\honda.doc
Alternatives:
Thereareseveralalternativesforthissite.Aparkingand
accessagreementcouldbeexecutedbetweenthetwoproperty
ownersfortheparkingareainquestion.However,this
agreementwouldrestrictfurtherdevelopmentofthatproperty
becausetheparkingisrequiredfortheexistinguses.Another
alternativeidentifiedbystaffistoremoveportionsofbuildings
tolowerthenumberofparkingspacesthatarerequired.
Becausethesebuildinghavealreadybeenpreviouslyapproved
andbuildingpermitsissued,thiswouldbedetrimentaltothe
redevelopmentoftheentireproperty.Afinalalternativewould
betoreduceportionsoftheendislandswhicharerequiredfor
compliancewiththeUnifiedDevelopmentOrdinance.The
applicanthasindicatedthatthereistheabilitytolocateparking
intherear,howeverstaffcannotapprovethisparkingasit
wouldinterferewithsanitationroutes.
Recommendation:
Staffisrecommendingapprovalof thisrequest.
SPECIALINFORMATION
OrdinanceIntent:
Thepurposeoftheoff-streetparkingstandardsistoestablish
theguidelinesforoff-streetparkingspacesconsistentwiththe
proposedlanduse to:
1.Eliminatetheoccurrenceofnon-residenton-street
parkinginadjoiningneighborhoods;
2.Avoidthetrafficcongestionandpublicsafetyhazards
causedbya failure toprovidesuchparkingspaces;and
Expeditethemovementoftrafficonpublicthoroughfares
3.
inasafemanner, thusincreasing thecarryingcapacityof
thestreetsandreducingtheamountoflandrequiredfor
streets,therebyloweringthecosttoboththeproperty
ownerand theCity
.
NumberofProperty
OwnersNotified:
6
ResponsesReceived:
Noneasof thedateof thestaffreport
ATTACHMENTS
1.Application
2.SmallAreaMap(SAM)andAerialMap
3.SitePlan
O:\group\deve_ser\stfrpt\zngstfrpt\honda.doc
4.(c
T( OFCOLLECtL STAT ION
P&ruarrg c# DrerfaplxrHr 3rrrirr.
FOR OFFICE USE ONLY j
CASE MID-' J - f�
DATE BURN! TIED; 4 f h 0 L.
ZONING BOARD OF ADJUSTMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS{
▪ Filing Fee of 150_00_
▪ Application completed in full,
Additional materials may be required of the applicant such as site plans, elevation drawings, sign details
and floor plans. The Zoning Official shaiF inform the applicant of any extra materials required.
Date of Preappllcation Conference:
APPLICANTIPRDJECT MANAGER'S INFORMATION {Primary Contact for the Project):
Nnrne {3,4 L'f l
Street Address '5- (644 taf A1001 -' City O C '
State Zip Code E-Mail Address _'D -treS
Phone Nurnbcr Fax Number / 5• 3 3 4/ ' .
PROPERLY OWNER'S INFORMATION:
P ALA, LTD
Street Address i/f1'L
State Zip Code 77 0 a.3 E-Mail Address
Phone Number 71.E • 7g.3- Fax Number
Nome
LOCATION OF PROPERTY:
Address 2 7, 1 EX An. Af
Lot Block Subdivision
Description if there is no Lot, Black and Subdivision CC'C
Action Requested: (Circle One) SetbackVariance
barking Vane
Sign Variance
Current Zoning of Subject Property_
pli ble irin e 5 lion:
.1301M1.
City iVA 77riti
, 33 41.
Appeal of Zoning Official's rnterpret2lion
Speeiel Excepti
Other
Paoc 1 of
GENERAL VARIANCE REQUEST
The following specific variation from the ordinance is requested:
re
P 0r-le T FOR- JeEPPcriON 0,0 Jr N . 5H4 5 77c. 77-/P Cv- 5 ,
o f Aeg FRAM 1/1 Re0e.iidez,D agi few,Q r 7.4 - «i'7. 7RE T'1A1- P4C#1 *.
eay I -=`—__394/.5PACLA PZ /o Apex/ , c $r &fr PtG5S 7 l P1
Tbtiis variance s necessary due to i fo lowing s iar c� i 0ns 72:,7! d i �dC s.
Special Condition Definition: To justify a variance, the difficulty must be doe to unique circumstances
involving the particular property. The unique circumstances must be related to a physical characteristic of the
property itself, not to the owners personal situation. This is because regardless of ownership, the variance will
run with the land.
Example: A creek hisee#ing a lot. a smaller buildable area than is seen an surrounding Tots, specknen trees_
Note; A cul-de-sac is a standard street layout in College Station_ The shape of standard call -de -sac lots are
generally not special ndiIions.
p4 l PA S Thi+o + .86 D,4 v'n eakrge s 5/7E r. v 4,, ii2W
r am- BeAfte.7TAi Iv s AND "ek-041C. fit6p€Egir)grtr 7 + sr7E5
, bfs[Ci P41040,6 7W411 1217 of
The unnecessary sary herds 1p s) invufved
hardship isfare:
r iAd , 5,0iCf- p To to .6 #Y ?4 ,. }otI 7�
xert5
meeting the provisions of the ordinance other Man irrancral , „0
eVrfiEffzilv
Hardship Definition: The inability to make reasonable use of the property in accord with the literal
requirements of the law. The hardship must be a direct result of the special oarrdition.
Example; A hardship of a creek bisecting a let could be the reduction of the buildable area on the lot, when
compared to neighboring properties_
-f/ 4011 TESPJP Gees M'7F ' id-71 1e. [ 4' o T» A =T
f ,P1 r r 1 ViS 'AieE,CS ). -!,G 2-J 1 6-Aiet ,t3L1 rc:r 4A/D i•i.Z seE
5CRAPV31.11116-• MfIK,E— 5/ 605e TO .4
The following alternatives to this reguesied variance are possible:
.4T1t7oi14, P4InedW& C 717711 eJ ' T 7 ftE PeOPERTV 'Mf ABY4,49 Ae51W+rPeD ,Leaf
411,0,SMI&O ,47 evoeop- 4,4444N Apo AP/Ak - /A .7-Ae A p 5/ /S 44 Peegogrzzy.
Pr~ ►oz:" PAVEP5 OJ2..4 c 'n14.v ) of £4,194 -Thy+ Jere PART- tor-m.rs }311e-+tlJ+L1d. 15
I isxxtsimier variance will ru The tic interest by virtue of the following facts: r ril +T
- -w' 5 RfFA t 0l4' r .e. idvo- Le ptt 6E , ph't 4 Y P L}c
Phiaem f #i4 ,5 .4,64 Picoviziczi 77.4 g r .1~ ie &xT Qipe st012.4 T f SI _ 6/1I
-77-V d''O, S f E Ex7E, a re. r c r / MI1JF fPn7E:,,'r- zlor MO'
FLUeLIC.. u. ",f1 i } r#,PF- 1. f/ 77045. 5704.46.6 AiecA izneS Me, eF_ J 7 A
.4ThidfA-TTf �i C 1•a-1 5.F[/. Tve.1(7:61
,air 3
Thprclas lad cr es s4fffiehrleinsan ephgtsNcied"" -
hereto sure true. cameo- and complete.
Signature : nd Title
10 cCi
Date
Page 2 (16
(liberb4 DEVELOPMENT REVIEW
COLLEGE STATIO-N SHOPPING PLAZA
Case:
06-600086
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EXISTING RETAIL BUILDING
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LEGAL DESCRIPTION
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