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HomeMy WebLinkAbout10/28/1986 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • CITY OF COLLEGB STATION, TEXAS Zoning Board of Adjustment SPECIAL MEETING October 28, 1986 7:00 P.M. MEMBERS PRESENT: Chairman Meyer, Members McGuirk, Gilmore, Evans and Alternate Member Swoboda (who was slightly late) MEMBERS ABSENT: Member Ruesink & Alternate Member Julien STAFF PRESENT: Zoning Official Kee, Assistant City Attorney Elmore, Assistant Zoning Official Johnson & Planning Technician Volk AGBNDA ITBM N0. 1. Call to order - explanation of functions and liaitations of the Board. Chaiarman Meyer called the meeting to order, then explained the functions and limitations of the Board. She also thanked each Board member and staff member for coming to this special meeting. AGBNDA ITBM N0. 2. Approval of ainutes - seating of October 7, 1986. Mr. Gilmore requested that the word "flag" at the top of page 3 be changed to "sign". • Mr. McGuirk made a motion to approve the minutes as presented with the correction Mr. Gilmore requested. Mr. Evans seconded the motion which carried unanimously (4-0, Mr. Swoboda had not yet arrived). AGBNDA ITBM N0. 3. Hear visitors. No one spoke. AGBNDA ITBM N0. 4. Consideration of a request for parking variance at 413 South Texas Avenue (forcer Pizza Inn). Applicant is Lee McCabe. Ottner of property is Tony Manriquez. Zoning Official Kee explained the request which is a variance to the parking regulations which would allow the applicant to open a night club in a 2500 s.f. building located on property which can only provide 10 parking spaces out of the 50 which are required for a night club of this size. She located the building as well as adjacent structures on an aerial photo, and continued explaining that the subject building was constructed in 1966 as the Pizza Inn prior to current ordinances. She informed the Board that utilities for this business were disconnected in April 1986, and that prior to going out of business, there had been an agreement between Republic Bank and this property owner which allowed Pizza Inn the use of 20 parking spaces on Republic Bank's property. She stated that prior to the official P.R.C. review of this proposed site plan, the Director of Planning had made a survey of existing bank property and determined after that survey that there is now inadequate parking under current ordinance requirements to share with any other business. She pointed out that any commercial use requiring parking at 1 space per 250 s.f. would be able to occupy this building without a parking variance, then listed uses which would fall in that category as retail, office, personal service, day care or bank facilities. She indicated a possible hardship being that the property is landlocked and can 1 acquire no additional parking spaces. • Discussion followed regarding whether or not the previous tenant of this building had been in conformance with the cross-parking agreement and how Director of Planning Mayo had conducted the parking survey in that area. The applicant, Lee McCabe of 2101 ~8 Barak Lane, Bryan, was sworn in and thanked all persons participating in this special meeting for their cooperation. He then read from an agreement with the Republic Bank regarding a contract which would allow "Tract 2" use of parking spaces and pointed out that the agreement did not specifically refer to Pizza Inn, therefore, the agreement with "Tract 2" should still be valid and in effect. He explained that although staff has indicated this building could be used for office or retail businesses, in his opinion, the age of the building makes it unsuitable for those uses. He added that his plans for his night club do not include the sale of any alcoholic beverages, therefore, the use would be less intense that it would be if alcoholic beverages would be sold. Chairman Meyer asked him to describe his proposed use and he complied, stating that plans include D.J. supplied music at a non-alcoholic nightclub using approximately 1200 square feet of space as the owner of the building will not allow him to move any walls, therefore much of the space will be used as a bar and an additional amount will be used for an office. He added that he has no plans to serve food, and will only have a few tables and chairs available for patrons. Mr. Bvans asked why he had chosen this particular building and Mr. McCabe explained that it is located close to campus and many other available buildings are too large for his proposed use. Mr. Evans pointed out that his patrons will not be limited to • A&M students, and it may well catch on and young people from Bryan might begin to patronize the business and there could be a real problem. Mr. McCabe stated that in his opinion, the only people interested in this type of business would be students. Mr. Swoboda stated that the applicant apparently has a contract for 20 parking spaces. Mrs. Ree pointed out that a night club in a building this size requires 50 parking spaces, and the parking referred to in the agreement is located on land under different ownership than this property and should not be considered. She stated that this applicant only has 10 available parking spaces which can be recognized. Mr. Evans asked what would happen if the use of the bank building changes and Lot 2 loses the use of those 20 spaces. Mr. McGuirk said the business using this subject building would then be back for a variance. Mrs. Kee clarified by stating that if a variance is granted because of the existence of certain conditions and those conditions change, then an applicant would be brought back before the Board. Further, this variance request is for 40 spaces regardless of any agreement with the bank. She added that ordinance makes no distinction between night clubs which do not serve alcoholic beverages and those which do, although the parking requirements for non-alcoholic restaurants is less than that for alcoholic restaurants. Additional discussion followed regarding the agreement or contract Mr. McCabe read, the possibility of using other buildings which have adequate parking, and why a new agreement with the bank had not been entered into by this applicant. Mrs. Meyer stated that a special condition might be that this is an old building which may not be suitable for other commercial uses since the owner will not allow structural changes. Mr. $vans disagreed stating the building could be renovated for other uses listed by staff. Mrs. Meyer said the owner will not allow that. Mr. Evans pointed out renovation could take place without "major structural changes". Mr. McCabe pointed out the owner will not allow him to remove any interior walls, ZBA Minutes 10-28-86 Page 2 with exception of a slight change on the "bar wall". • Mrs. Meyer asked the applicant what hardship he faces without this variance. Mr. McCabe stated all surrounding land is owned and is not for sale, therefore, no additional parking can be created. Mr. Swoboda suggested that if only the useable square footage was counted, less parking would be required. Mrs. Ree stated gross square footage is used to determine parking requirements. Mr. McGuirk pointed out that all clubs have a bar area and probably a back room area as well, which cannot be used by patrons, but added that with interior renovation, conditions at this location could change. Mrs. Meyer reminded the Board this building was built before current ordinance requirements. Mr. McGuirk stated that has no bearing, and the rules of the owner are between the applicant and the owner, and he is trying to consider this request on its own merits. Mr. Gilmore stated that a special condition as well as a hardship could be that this property is landlocked and is also close to the University, adding that if parking becomes a problem, it will detract from the business, as certainly there will be no parking on the street at this particular location. Mr. Beans asked if everyone who wanting to build a building on too small a lot should get a variance and Mr. McGuirk reminded him that this is an existing building which predates the current ordinance, and there is no additional land available, which in itself is the hardship. Mrs. Meyer agreed, adding that the date of the building and the fact that the owner will not allow interior changes are both hardships. Mr. McGuirk made a motion to authorize a variance to the parking requirements • (Section 9) from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: (1)The previous tenant encountered no parking problems with presumably more stringent parking requirements; (2)A cross-over parking agreement provides at least 20 parking spaces at a time when the bank is closed; (3)The City Council intends that parking requirements are less severe in non-alcohol serving restaurants than alcohol serving restaurants, and logically this fact should apply to clubs as well, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: (1)Inability to use a serviceable structure that has predated the existence of the zoning code; and (2)A cross-over parking agreement provides at least 20 parking spaces at a time when the bank is closed, and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: (1)That the crossover parking agreement with Republic Bank remains in effect; and (2)That alcoholic beverages not be sold on premises. Mr. Gilmore seconded the motion. Discussion followed regarding the limitations included in the motion, with Carol Blmore, Assistant City Attorney being sworn in and stating that changed conditions will invalidate this variance, and the restrictions of "non-alcoholic" are perfectly valid in her opinion, as the City is not denying the applicant the right to serve alcohol, but ie simply denying a variance alcohol is sold. Mr. Beans stated that he still sees no hardship as other allowed uses in this C-1 zoning district can use this building without a parking variance being required. Mr. McGuirk stated that it is not up to this Board to tell a business person what kind of business to run nor how to run it, and he, too, would prefer this building to be used for a business which would not need a variance, but that is not the case. • Votes were cast on the motion to approve the ordinance, with the motion carrying by a vote of 4-1 (Buena against). ZBA Minutes 10-28-86 Page 3 f. i• i• \~ AGBNDA ITBM N0. 5. Other busines:. The only other business announced was that there will be a meeting held on November 4th, and the packets will be ready for Board members to pick up by noon on Friday. AGBNDA ITBM N0. 6. Adjourn. Mr. Gilmore made a motion to adjourn which Mr. Swoboda seconded. Motion to adjourn carried unanimously (5-0). ATTEST: APPROVBD: ~~~~iC' L --- - -----~ - --------- Chairman, ~rothy Me er ---------------------------- City Secretary, Dian Jones ZBA Minutes 10-28-86 Page 4 ZONING BOARD OF ADJUSTMENT GUEST REGISTER • NAME DATE ADDRESS October 28, 1986 • U 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.