HomeMy WebLinkAbout03/01/2011 - Regular Minutes - Zoning Board of AdjustmentsAL
Adw
i
CITY OF COIJ FGE STE \TION
Horne of Texas A6 167 University'
MINUTES
ZONING BOARD OF ADJ USTMENT
Regular Meeting
March 1, 2011
City Fall Council Chambers
1101 Texas Avenue
6:00 P.M.
MEMBERS PRESENT: Chairman Rodney Hill (arrived late), Josh Berm, Dick Dabney, Melissa
Cunningham, Hunter Goodwin.
STAFF PRESENT: Staff Assistant Deborah Grace - Rosier, Staff Planner Matthew
Hilgemeier, Assistant Director Lance Simms, Assistant City Attorney
Adam Falco and Action Center Representative Carrie McHugh.
AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board.
Acting Chairman Berm called the meeting to order at 6:06 PM.
AGENDA ITEM NO. 2: Consideration, discussion and possible action to approve meeting
minutes.
February 9, 2011 meeting minutes
Mr. Goodwin motioned to approve the minutes. Ms. Cunningham seconded the motion, which
passed unopposed (4 -0).
AGENDA ITEM NO. 3: Public hearing, presentation, possible action, and discussion on a request
for variances to the sidewalk and pedestrian walkway requirements of Section 7.9.E.4 "Pedestrian/Bike
Circulation and Facilities" of the Unified Development Ordinance for a proposed freestanding
restaurant to be located at 1520 Harvey Road in the Post Oak Mall parking lot. Case# 11- 00500020
Staff Planner Matthew Hilgemeier presented the staff report and stated that the applicant is seeking a
variance to the five -foot pedestrian walkway and a variance to the ten -foot sidewalk along the fayade
facing the public right -of -way. At the conclusion of the staff report, Mr. Hilgemeier told the Board that
staff is recommending denial of both requests.
Chairman Hill arrived to the meeting at approximately 6:12 PM.
The Board had general questions for staff.
Acting Chairman Bern opened the public hearing.
Steve Demetor, 20675 Via Belarmino, Belinda, California, stepped before the Board to speak in favor
of the request. He gave an overview of the proposed restaurant. He ended by saying that the five -foot
pedestrian walkway would pose a traffic hazard and the ten -foot sidewalk is not needed, they would
rather use both areas for landscaping.
Paul Loy, 4207 Conway Court, College Station, Texas, stepped before the Board to speak in favor of
the request. He spoke about the five -foot sidewalk, stating that in order for the sidewalk to connect to
the Sears walkway, there would need to be an agreement between Sears and BJ's Restaurant. He ended
by saying that could take months to accomplish, and it could slow down this project.
Gary Hill, 4603 French Tree Woods, San Antonio, Texas, stepped before the Board to speak in favor of
the request. He explained the design of the site, and ended by saying that both areas being considered
could benefit by having additional landscaping.
All speaking before the Board were sworn in by Acting Chairman Bern.
Acting Chairman Benn closed the public hearing.
Mr. Hill motioned to deny the variance requests. Mr. Dabney seconded the motion.
There were discussions amongst the Board Members concerning the requests.
Mr. Goodwin asked if a condition could be placed on the five -foot pedestrian walkway, to allow the
applicant to stop the walkway at the property line to Sears, to avoid having a delay due to agreement
negotiations.
Mr. Hilgemeier stated that the City would not hold up the certificate of occupancy for some reason
beyond the control of the applicant.
Acting Chairman called for the vote to deny both variance requests. The motion failed by a (1 -4) vote.
Chairman Hill voting for motion to deny.
Ms. Cunningham motioned to grant the variance for the ten -foot sidewalk on the east side of the
building and grant a variance for the portion of the five -foot walkway located beyond the
common property line with Sears. Special condition listed for the ten -foot sidewalk: grading issue on
site; hardship listed: does not fit the spirit of the ordinance; and a limitation that the five -foot walkway
terminate at the property line of Sears. Mr. Goodwin seconded the motion, which passed (4 -1).
Chairman Hill voting for denial.
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 addressed.
AGENDA ITEM NO. 6: Adjourn.
The meeting was adjourned at 7:11 PM.
ATTEST:
p Cam-
Deborah Grace- osier, Staff Assistant
�- AF PR- VED
l
Rodn Hi ha man