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HomeMy WebLinkAbout03/21/1984 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment March 21, 1984 7:00 P.M. MEMBERS ATTENDING: Chairman Cook, Members MacGilvray, Wendt, Upham, Alternate Member Meyer and Alternate Member McGuirk who was in the audience. MEMBERS ABSENT: Member Wagner STAFF ATTENDING: Zoning Official Kee, Asst. Zoning Official Johnson, Asst. City Attorney Locke, and Planning Technician Volk Chairman Cook opened the meeting, explained the functions and limitations of the Zoning Board of Adjustment. AGENDA ITEM N0. l: Approval of Minutes - meeting of February 21, 1984 Mr, MacGilvray pointed out a typographical error on page 2 where "would" should be "which" With that change, Mr, Upham made a motion to approve the minutes with Mr. MacGilvray seconding. Motion carried 4-0-1 (Meyer abstained). AGENDA ITEM NQ. 2: Hear Visitors No one spoke. • AGENDA ITEM Np. 3: Consideration of a variance to rear setback as re wired b Ordinance No. 850 on Lot 14 Block 2 of the Dobrovolny Subdivision 1417 Holik Application is in the name of Benny W. Lane Zoning Official Kee explained the request, located the lot and gave the background of the applicant's problem, She stated that his alternatives would be to design a structure to fit the lot or to move the house forward on the lot which would then require a variance to the front sefiback requirements. She passed around photos to the Board which the applicant had supplied with his application. Benny Lare of 1707A Lawyer was sworn in and stated he is the applicant of this request. He answered Board questions concerning the fact that there is a house on the east side of this property, Mr. MacGilvray asked Mr. Lane if he had tried to develop a site plan which would conform to ordinance requirements, and he replied that he had, even to the point of drop- ping the garage, but it would still encroach. He then demonstrated with graphics he had prepared how moving the structure forward on the lot would cause encroachment of the front setback. He went on to explain that he has a Deed of Trust with a Separate Contract to purchase the house. Mr. Upham asked how this had happened, and Mr. Lane replied that at the time of purchasing the lot he did not realize how odd-shaped it is. Mr. Upham asked then if this is an error of omission and Mr. Lane replied that it is, and further, that it is difficult to put. a conventional house on this lot due to the size and configuration of the lot. Mr. MacGilvray asked Mr. Lane to point out exactly what special conditions would be unique, and Mr. Lane answered that the small size and the configuration of the lot would be unique. Mr. Wendt asked Mr. Lane just what plans he had made to date, and Mr. Lane repeated that he has a Deed of Trust and a note to purchase with a bank, a separate contract to purchase material with another company, but that he would do most of • the construction and has bought a kit for the house. Mr. Wendt asked if the floor plan of this kit could be changed, and Mr. Lane replied that he could change some minor things ZBA Minutes 3-21-84 page 2 only. Mr. MacGilvray pointed out that the lot has 7000 square feet, which is larger than • some lots in that neighborhood, but smaller than some, also. Mr. Wendt said that he believes that by positioning the house differently on the lot it would work, although he admits that it is an extremely difficult lot to work with. Mr. MacGilvray said that he thinks it might be possible to put the house on the tot in the small triangle and meet all setback requirements, although he would probably have to sacrifice the garage. Mr. Upham asked if a registered surveyor had been hired to check the lines precisely and Mr. Lane replied that he had not yet hired one. Mr. Wendt advised Mr. Lane to hire a surveyor to survey the lot and lay out the string lines for the house, explaining string lines are different from drawings on paper and an adjustment of a lesser degree might be possible. Mr. Upham asked Mr. Lane if he is locked into this house no matter what, and Mr. Lane said that the question is hard to answer, because they like the concept of this house and would like to build this particular house. Mr. Upham asked if he would consider withdrawing this request while he did his homework, but Mr. MacGilvray at that point made a motion to table this request pending additional information, with Mr. Wendt seconding. Motion to table passed unanimously (5-0). AGENDA ITEM N0. 4: Consideration of a variance to arking as re uired b Ordinance No. 850 for a restaurant at 32 Jersey. Application is in the name of DoubleDave's Pizzaworks, Inc. Mrs, Kee presented the request, locating the business in a lease space in the Southgate Shopping Center, She explained that there are only 45 parking spaces for this entire center, 6 of which are required for the 18 seats which are presently in the pizza business, and further that ~1r. Miller wants to increase his seating capacity to 76 seats, which would require an additional 19 spaces based on ordinance requirements of 1 parking space • per 3 seats. She explained that the parking at this shopping center is in a "reserve" to be used for the entire center, but should the center be razed, the land used for parking would revert to the individual owners. She also explained that staff had been unable to locate a plat for this center and only had available some paperwork which refers to reserved parking. She then referred to two letters she had received concerning this variance; one from the Sul Ross Lodge (generally in favor) and one from a property owner within 200 feet who had received notification of this hearing (generally against). David Miller, 1007 Sara Avenue, Nacogdoches, Texas was sworn in and stated he is the appli- cant of this variance request, He stated he has a pizza business now in Nacogdoches and would like to expand to have a similar business here in College Station. He said he does not believe there really is a parking problem in the Southgate Center except in the regu- lations of the City, and explained that he and his employees have done a car count on this parking lot from March 3 through March 18, making an effort to take a count every hour from 8 a.m. until sometimes midnight to determine if there really is a problem. Mr. Upham pointed out that SOi of this time was during Spring Break for the University. Mr. Miller referred to a site plan which shows 45 parking spaces. He said the count had been 14~ to l8 cars (average) parked at noon; at 5 p.m. there were 13 cars; at 6 p.m. there were 6 cars and after 6 p.m. there were fewer than that, He indicated these figures represented an average of all counts taken at the specific hours. He said that the pizza business peaks between 5 and 10 p.m,, and .his counts had indicated the car count during those hours pre- sently is very small on this lot. Ms. Meyer stated that this business would be competing with the lodge demands on some nights, and Mr. Miller agreed, but pointed out that the largest number of cars counted on .the lot was 24 cars at 8 p.m. on March 13th. More general discussion followed with Mr. Upham speculating that ingress and egress from this shopping center is a larger problem than actual parking of cars. Mr, MacGilvray stated that safety • probably should be considered by this Board, (after wondering aloud if this would be within ZBA Minutes 3-21-84 page 3 the jurisdiction of the Board), Ms, Meyer said before she took any action on this request, • she would like to see how legal ownership of the parking spaces is established and to know what is dedicated and what is reserved, etc. Mrs. Kee explained that the City's tax records show a description of the properties as buildings, but the parking lot is reserved. Ms. Meyer said that it surety must belong to someone, and before she can vote on any variance she would like to know exactly what kind of deed is involved. Dennis Rother, 3104 Forestwood, Bryan, Texas was sworn in, stating he is the landlord of what was the Texas Burger, the bookstore and this building in the Southgate Shopping Center, He explained that as he understands the development of this center, the deeds involved refer to the parking lot as a common parking area for the entire center, and parking is for any business in operation in the center. Mr. MacGilvray said that the Sul Ross Lodge has concerns regarding the right to use the 45 available spaces going with the sale of the building, which the lodge is considering. Ms. Meyer said that as she understands it, one business can use all 45 spaces if needed and Mr. Rother said that is correct because it is a common area. Ms. Meyer asked why the applicant was required to come before this Board for a variance if any tenant has the use of all 45 spaces, Mrs. Kee explained that this is a non-conforming shopping center and there is not enough parking available for the center at current ordinance requirements, which is based on square footage. Mr, Rother said he would like to point out that 4 businesses have been eliminated and will be replaced by 2 larger businesses. Mr. Miller confirmed this, adding that the eliminated businesses generated more traffic and the traffic that is generated through this pizza business will stay longer, thus creating less traffic. Mrs. Cook stated she would like to see the deeds, as this is a very strange arrangement. • Mr. Wendt said it could be likened to a P.U,D. where everyone has the use of a park or an alleyway. Mr. MacGilvray asked what the definition of "going out of business" is and Mr. Rother said he Believed he meant "giving up a lease" and that he has been "stuck" with 4 leases and is now trying to consolidate them into fewer leases. Mr. MacGilvray said that what he was referring to is when does the common land revert back to the owner. Mr. Rother said that he could not answer that in a legal way. Mr. Upham speculated that perhaps if one person buys the whole thing, he can bulldoze it if he wants. Mr. Rother said that as long as there is more than one owner, nothing can be done. Mrs. Cook again stated she would like direction from the City's legal department. Mr. Upham agreed, stating that there are interpretation problems in his mind which need clarification before this Board takes any action, and that the Board would appreciate the applicant getting any plats and deed restrictions together and allowing the City's legal department to study them and offer interpretation In this matter, Mr, Upham then made a motion to table this agenda item for further clarification. Mr. MacGilvray seconded the motion. Mr. John Pruitt of 1001 Foster asked to Be sworn in and was, then stated that he had been in business there since 1946, has watched the center carefully, does not feel this business will hurt the rest of the center, and is looking forward to having this business as a neighbor. He went on to say that this Business has peak hours in the evening and should not bother any other business in the center, Votes were cast on the motion to table this item and the motion carried unanimously (5-0), Ms. Meyer reiterated that the Boards needs clarification regarding the right to use all spaces. Mrs. Kee said that as a matter of interpretation she Believes the center must be looked at as individual businesses, as each cannot have all available spaces. She went on to explain that whether this center is • viewed as a shopping center and parking is figured at 1 space per 200 square feet or as individual retail and restaurant spaces and parking is figured at 1 space per 3 seats, the center does not have adequate parking, and is therefore a non-conforming shopping center. ZBA Minutes 3-21-84 page 4 • AGENDA ITEM N0. 5: Other Business Mrs. Kee brought the Board's attention been furnished to them either in their deal with questions she had concerning is putting together a notebook of ante to some memos from the City Attorney which had packets or at tonight's meeting, some of which interpretation. She went on to say that staff rpretations which can be given to Board members. AGENDA ITEM N0. 6: Adjourn Mr. Wendt made a motion to adjourn with Mr. MacGilvray seconding. Motion carried unanimously (5-O). • • ~::~~~ _ ZONING BOARD OF ADJUSTMENT GUEST REGISTER • DATE March 20, 1984 NAME ADDRESS 1. ~~ ~~~~ ~~~ cs 7x ~~~o 2. 3. 4. 5. 6. .~~ 7. 8. 9 . .. 10. . ll. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25.