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HomeMy WebLinkAbout05/20/1985 - Regular Minutes - Zoning Board of AdjustmentsHINUTES i• CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment May 20, 1985 5:15 p.m. MEETING HELD IN COLLEGE STATION CITY HALL MEMBERS PRESENT: Jack Upham, Gale Wagner, James Fry, James McGuirk, Alternate Dorothy Meyer and incoming Alternate Allen Swoboda (in audience} MEMBERS ABSENT: Outgoing Chairman Cook, Member Spencer Wendt STAFF PRESENT: Zoning Official Kee, Assistant Zoning Official Johnson and Planning Technician Volk AGENDA ITEM N0. 1. Administration of Oaths of Office for new board members. Acting Chairman Upham called the meeting to order, and in the absence of Mayor Halter, swore in reappointed members of the Board, Fry and McGuirk, as well as new alternate member Allen Swoboda. Mr. Upham then expressed appreciation on behalf of the City for the service outgoing chairman Violetta Cook has given in the past. AGENDA ITEM N0. 2: Election of Chairman and Vice-Chairman for 1`985-86. Mr. McGuirk nominated Mr. Upham for Chairman for the coming year. Mrs. Meyer seconded the nomination. Mr. Wagner moved to cease additional nominations. Mr. McGuirk seconded that motion which carried unanimously. Mr. Upham was delared Chairman for the year 1985-86 by acclamation. Mrs. Meyer nominated Mr. McGuirk for Vice-Chairman; Mr. Wagner seconded the nomination. There were no other nominations for Vice-Chairman and Mr. McGuirk was named Vice-Chairman for the year 1985-86 by acclamation. AGENDA ITEM N0. 3: Approval of Minutes - meeting of April 16, 1985. Mr. McGuirk made a motion to approve the minutes as presented. Mr. Fry seconded the motion which carried 4-0-1 (Meyer abstained). AGENDA ITEM N0. 4: Hear Visitors. No one spoke. AGENDA ITEM N0. 5: Reconsideration of a variance to sign regulations to allow a sign to remain on a tract of land advertising the future use of the property (off-premise sign). Applicant is James Alphonse Divin. (This item tabled at meeting of 4-16-85). Prior to reconsideration of this item, Mr. Upham, at the request of Mr. Wagner, explained the functions and limitations of this Board. 1 Mr. Wagner then made a motion to remove this item from its tabled position. Mr. • McGuirk seconded the motion which carried unanimously (5-0). Zoning Official Kee briefly re-explained this variance request, adding that if the applicant had an approved site plan the existing sign would be permissible according to ordinance regulations. She explained that the applicant had brought in a site plan in early April which was not acceptable to present to the Project Review Committee for review, and to date, an acceptable site plan has not been received in the Planning Department, thus, the existing sign on the property at 1105 Welsh is an off-premise sign which is prohibited under the regulations of the sign ordinance. • James A. Divin, 306 Redmond Drive, Apartment 235C, College Station, came forward, was sworn in and identified himself as the applicant. He stated that he is trying to get his own irrigation business started with limited funds, that he owns the land at 1105 Welsh and is using that as a business address to establish a business identity. He added that he has equipment stored on cleared land at this location and has some vegetables planted there, and has plans to build a building there in the future to house his operation, but is now running his business out of his apartment on Redmond. He reiterated that he is asking this Board to allow him to keep the sign on Welsh so that he can establish a business identity. Mr. McGuirk asked him if he has a sales tax license. He answered that he does not need a sales tax license, but that he does have a state irrigation license, and the address on that license is 1105 Welsh. Mr. McGuirk asked if he is in business now and he replied that he is, and that he has a trencher and trucks parked on the Welsh tract now, and needs the sign up to establish an identity for his business, as he does not yet have a building on the premises. Mr. Wagner explained that the City has developed the site plan review process as a mechanism for having the type of sign located on Welsh, and without that approved site plan, the sign is prohibited. Mr. Divin said that he has a site plan which is very close to being completed and offered to show the Board the plans he has for the sign which has been built to exceed ordinance standards. Mrs. Meyer asked if this is a permanent sign and Mr. Divin replied that it could be by announcing that the business is coming, and then changing the lettering after the site is developed. He added that he has plans to build a permanent island around this sign which will contain landscaping, and that is the reason for carefully choosing the location of the sign. Mr. Wagner again explained that if he obtains an approved site plan, all of his plans would be permissible and this variance request would be unnecessary. Mr. Divin said that he had tried to comply, but had been too busy to date to complete the plan. He went on to say that he disagrees with the rule that any approved site plan is a fixed plan and he wonders why it cannot be changed later. Mrs. Kee explained that site plans can be revised anytime, but the revisions must also receive approval. She also explained that once a site plan is approved a development sign may be erected. Then, if a building permit is not issued within six months from the date of site plan approval, then the sign must be removed. Mr. Wagner then said that the sign is on the premise for no reason, and that Mr. Divin is asking this Board to allow him to leave it there for purely financial reasons. Mr. Divin said that he disagrees with that.statement, and that he needs the sign there to provide an address for his irrigation business and the City is denying him that right. Mr. Wagner explained that this Board tries to find special • or unique conditions of the land which are not financial in nature in order to grant variances, and that it cannot understand why Mr. Divin has not complied with the approved site plan requirement which would be his assurance to the City that he 2 actually does plan to build on the tract. • Mr. Upham stated that if Mr. Divin had an approved site plan he could keep the sign, but in fact, there is no place of business at the location of the sign on Welsh. Mr. Divin said the unique condition is that this type of business does not need an office as he is now operating out of his apartment, but that his equipment is stored on the tract on Welsh and operates out of that location, and he wants to have the sign on that tract to establish an identity for that business. Mr. Upham then explained that a variance goes with the land and not the applicant, and if a variance could be granted for this sign, then anyone who awned the land could use the sign and it would not be an identity for Mr. Divin's business if he no longer owned the land. Mr. Divin stated he could guarantee the Board that he would be the one using the sign. Mr. Fry stated that would not constitute a special or unique condition of the land. Mr. Divin asked for an example of special or unique and Mr. Fry complied. Mr. Divin then stated that he had a misunderstanding of this variance "thing" and that he thought if he could show the Board why he needed the sign it could grant a variance. Mr. McGuirk asked what the status of the piece of carpentry on Welsh is now, adding that it really isn't a sign as it has no message. He clarified by asking if it could remain there as it is and Mrs. Kee stated she is now checking with the Legal Department regarding whether or not this structure is a sign or simply a-piece of carpentry, but regardless of the answer, it is a structure which requires a building permit, which Mr. Divin does not have. • Mr. Wagner made a motion to table this item for a month to allow the applicant time to get a site plan approved. Mr. McGuirk seconded the motion to table for a month. Motion carried unanimously (5-0} and the item was tabled until the next regular meeting of this Board on June 18, 19$5. AGBNDA ITBM N0. 6: Other business. Mrs. Kee asked the Board to set the date for a special workshop with the Legal Department, and after brief discussion the time was set for 5:30 p.m. on June 18th which would be prior to the regular meeting on that day which would begin at 7:00 p.m. AGBNDA ITBM N0. 7: Adjourn. Mr. Wagner made a motion to adjourn. carried unanimously (5-0). ATTEST: Mrs. Meyer seconded the motion which APPROVED: Chai m n, Jac ~am-- • ----------------------------- City Secretary, Dian Jones 3 ZONING BOARD OF ADJUSTMENT GUEST REGISTER 8 5 DATE MAY 20, 19 NAME 1 ADDRESS . 2. 3• 4. 5. 6. 7- 8. 9• to. • 11. 12. 13. 14. 15. }(, . 17. 18. 19. 20. 21. 22. 23- • 24. 25.