HomeMy WebLinkAbout11/01/1988 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
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CITY OF COLLEGE STATION, TEXAS,
Zoning Board of Adjustment
Tuesday, November 1, 1988
7:00 P.M.
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Gentry,
& Council
the Board as a
Alternate
STAFF PRESENT: Senior Planner Kee & Planning Technician Volk
MEMBERS PRESENT: Acting Chairman Gilmore, Members
Thompson, Alternate Member Baker
Liaison Birdwell (who served on
voting member)
MEMBERS ABSENT: Chairman Ruesink, Member Henry &
Member Garrett
AGBNDA ITBM N0. 1: Call to order - explanation of functions and
liaitations o! the Board.
Acting Chairman Gilmore called the meeting to order and explained the functions and
limitations of the Board. He then invited Council Liaison Birdwell to serve on the
Board as a voting member if he wished. Councilman Birdwell accepted the invitation.
AaBNDA ITBM N0. Z: Approval of aiantea - seating of Septeaber 6, 1988.
Mr. Thompson made a motion to approve the draft minutes as submitted. Mr. Gentry
seconded the motion which carried unanimously {5-0).
AGBNDA ITBM N0. 3: Hear visitors.
No one spoke.
AGBNDA ITBM N0. 4: Consideration of a request for variances to
rear setback, ride setback and parking lot requireaents at the
existing business at 501 Texas Avenue (Diaaond Shaarock).
Applicant is Bob Faraer.
Mrs. Kee explained the request, identified the applicant, the location of the site,
area zoning and land uses, and explained the purpose of the request is to enable the
applicant to remodel an existing Diamond Shamrock service station which is located on
a very small lot in an area of the city which was developed many years ago before the
zoning ordinance was adopted. She described the lot, including the 3 access points,
and informed the Board that the applicant is proposing to construct s building in the
southeast corner of the lot with no rear or side setbacks, i.e., using lot-line
construction, and also to delete 8 of the islands which would be required to be
located at the end of parking rows. Mrs. Kee identified a special condition to be
considered as the long narrow lot configuration snd the location of the existing gas
pumps and canopy. She referred the Board to the application for the hardship as
identified by the applicant.
Mrs. Kee stated that of the 8 area property owners who had been sent notification of
this request, several had responded with comments and inquiries. She also stated
that the P.R.C. had reviewed this project on 10-19-88 and recommended approval with
the certain conditions, including favorable action on the requested variances by the
ZBA.
There were no questions of staff at this time, so the applicant was invited to
• address the Board. Bob Farmer, 2901 Hwy. 79 West, Seguin, Texas came forward and was
sworn in. He stated that he has bought 6 existing facilities from Diamond Shamrock
recently, including this site which is unique in that it needs improvements and
cleaning up to make it a viable business property as well as an asset to the City at
this intersection which has been identified as the busiest intersection between here
and Aouston.
Mr. Farmer then explained that his plans include the addition of a building of
approximately 1450 square feet to be used for a convenience, fast food-type store
in which his employees would also work and have protection from the weather, to
improve the existing canopy, to eliminate the existing kiosk and to add some parking
spaces and landscaping.
Mr. Thompson asked if there is a reason for not moving the pumps and Mr. Farmer
replied that it would be difficult to move them and still provide access through all
3 existing curb cuts. Mr. Thompson then asked if the proposed building must be as
large as planned and Mr. Farmer said although it is not very large, it could possibly
be made slightly smaller, but this design has proven functional in other cities with
lot line construction, thereby having only 1 entrance point.
Mr. Thompson asked Mrs. Kee what would happen if the adjacent lot owner wanted to
build his building toward the west side of his lot in the future and Mrs. Kee replied
that this building will be required to include a certain rated fire wall on the rear
and the aide, thus the adjacent property could be built to within 7 1/2 feet of the
western property line, which is adjacent to the rear of this particular lot. In
other words, the adjacent property owner can simply follow regular zoning
• requirements, and would not be penalized because of the location of a building on
this lot.
Ray Patronella, 2206 Windsor, Bryan, Texas was sworn in to represent the applicant in
additional discussion and explained that his original plans were to have a 1 foot
setback from the property lines, but after meeting with the city staff, he was
convinced that lot line construction, if permitted with a variance, would be best and
would eliminate a small area to collect blowing trash.
After additional discussion, Mr. Gentry asked Mrs. Kee if the applicant would require
a variance if he set the building 15 feet off the rear property line and Mrs. Kee
replied that he would not need a setback variance in that case, but he would need a
parking variance then because he would have deleted some of the required parking by
moving his building to the west.
Frank Lampo, 3804 Valley Oak came forward and was sworn in. He stated that his
business, Pizza Hut, which is adjacent to this business suffered negative impact by
actions of the city in placing barriers in the middle of University Drive which
prevented access to his business by vehicles traveling west on University Drive, and
now he thinks the city should try to prevent this businessman from placing a building
on his lot which would eliminate the only positive feature he has left at the Pizza
Hut, which is visibility to east bound traffic on University and north bound traffic
on Texas Avenue. He said all he would have left would be visibility to west bound
traffic on University, and those people would not be able to get to the business.
He went on to state that anything Mr. Farmer does on his property will adversely
• affect his business, and one of the most serious possibilities is that patrons to Mr.
Farmer's store will probably use parking spaces on the Pizza Hut lot, because those
spaces will be more handy than those on Mr. Farmer's lot.
ZBA Minutes 11-1-88 Page 2
Mr. Gentry explained the issue before the Board tonight is not whether or not Mr.
• Farmer can build a building on his lot, but rather, whether Mr. Farmer can build a
building using lot line construction on both the side and rear property lines of his
lot.
Mr. Lampo said that if anything is allowed to be done to Mr. Farmer's lot, then the
proposal Mr. Farmer is making with his request tonight would be the best for Pizza
Hut business. He explained that in the future his plans include moving his business
further south and putting his current facility up for sale, and restriction of
exposure to Texas Avenue and possible loss of parking spaces combined with the
already reduced access to his property would severely limit the number of prospective
buyers for the property.
Mr. Gentry asked if the existing canopy affects Mr. Lampo's property, and he replied
it is no problem, and he has real good visibility now, but with a building put on the
lot with 14 foot walls, he would lose the good visibility; and that, combined with
the restricted access caused by the barricades in University some time back, would
certainly cause even more of a drop in business than he has already experienced.
Additional discussion followed between the Board and Mr. Lampo covering the same
subject and objections to anything being built on Mr. Farmer's property, with Mr.
Farmer coming forward to explain that if the Board does not grant the requested
variances to setbacks, he can still move a building to the west, and by making
variations to the plans and the existing canopy, he can make plans work. He
continued by explaining that the proposal being considered at this meeting is the
beat practical use of the property, but other changes can be made which would both
beautify and enhance the property without the variances.
• More discussion followed with Mr. Lampo, with Mr. Gentry clarifying the Board's
position as being to try to minimize negative impact on neighboring properties,
and Mr. Lampo repeated the problems he has with any addition to the adjacent
property, but finalized by asking the Board to consider everyone's best interest
and to try to do what is beat for everyone concerned.
No one else spoke. Mr. Thompson stated that at the beginning of this meeting he did
not see a need for the setback variances, but after hearing Mr. Lampo's statement
that the proposal submitted would have the least negative impact on his property, he
is now uncertain as to what to do. Mr. Gentry stated that he has only been trying to
get a feel for the least offensive affect on neighbors, since the current conditions
are fairly easy to address, but he now recognizes that in the future, buildings could
be placed only 7 1/2 feet apart, which seems awfully tight. Discussion followed
regarding similar conditions in other older areas of the city, including the
Northgate area, but Mrs. Kee explained that the Northgate area is somewhat different
from other parts of the city because it is a fire district and has somewhat more
stringent rules, with different setback requirements, but with building codes being
very strictly enforced regarding separation of structures or specific fire walls.
Mr. Birdwell reminded everyone again that this project is in a very old part of the
city which was developed under a different set of rules. Mr. Gilmore then reminded
the Board of a recent variance granted to setback requirements across the street from
this property, which was an almost identical situation.
Mr. Gilmore then asked if the Pizza Hut could have additional signage for exposure
• and Mrs. Kee explained the requirements to be met. Mr. Lampo spoke again and said
additional signage would coat him additional money, and the problem is being caused
by someone else. Mr. Thompson again explained that the applicant could build a
ZBA Minutes 11-1-88 Page 3
building without any variances at all, but from Mr. Lampo's earlier statements, he is
• now under the impression that a building with the requested variances would cause the
least negative impact on the neighboring property. He stated that this Boar~I n^r the
city can keep Mr. Farmer from building a building on his property. Mr. Lampo then
said for the Board to do whatever it thinks is best, but additional signage will cost
him money, and he thinks he has already lost enough.
Mr. Gentry asked Mrs. Kee if this variance is granted, can the Board require some
kind of fence along the lot line to protect Mr. Lampo's parking spaces, and Mra. Kee
replied that she thinks that could be a condition the Board can impose. She then
reminded the Board that the request for variance to the island requirements moat also
be addressed.
Mr. Gentry then made a motion to authorize a variance to minimum setback requirements
and parking requirements as they apply to the number, location and size of islands
from the terms of this ordinance as it will not be contrary to the public interest,
due to the following special conditions: The size and shape of the lot restricts
development and traffic flow; the proposed layout, though burdensome on adjacent
property, is a leas severe burden than the alternative, and because a strict
enforcement of the provisions of the ordinance would result in unnecessary hardship
to this applicant being: the inability to reasonably develop the property, and such
that the spirit of this ordinance shall be observed and substantial justice done
subject to the following limitations: All 0 lot line construction; landscape islands
as proposed; fence no higher than four feet (along the rear property line). Mr. Thompson
seconded the motion.
Mr. Birdwell questioned the wisdom of requiring a fence, suggesting that a row of
shrubs might be better. Mr. Gentry explained that Mr. Lampo has a legitimate
• concern regarding patrons of the convenience store parking on the Pizza Hut lot,
and he does not think shrubs would inhibit that kind of movement.
Votes were cast on the original motion and the motion carried unanimously (5-0).
AaBNDA ITBM N0. 3: Seconsideration of a request for Specfal
Bxception to allots expansion of a non-conforaiag shopping center
at the IIniversity Square {Skaggs) Shopping Center to allow the
addition of a s=all restaurant. Applicant is John C. Culpepper
III Trust. (Tabled at aeeting on 7-5-88.)
Mrs. Kee explained that more than 90 days have passed since the request submitted by
Mr. Culpepper was tabled at his request, and Mr. Culpepper has not contacted staff
with any additional information or different proposal. She reminded the Board that
they recently approved policy that any tabled item must be denied without prejudice
if the applicant has not made contact to address any of the problem issues within 90
days.
Mr. Gentry made a motion to take the item off its tabled position. Mr. Thompson
seconded the motion which carried unanimously (5-0).
Mr. Gentry then made a motion to deny without prejudice the request for Special
Exception at the Skaggs Shopping Center. Mr. Thompson seconded that motion which
carried unanimously (5-0).
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ZBA Minutes 11-1-88
Page 4
i
ZONING BOARD OF ADJUSTMBNT
FORMAT FOR POSITIVB MOTION
Variances from Section 15 Ordinance 1638
I move to authorize a variance to the
________yard (Section 8.7)
________lot width (Table A)
________lot depth (Table A)
___~ _minimum setback (Table A)
____~__ _parking requirements
(Section 9)
from the terms of this ordinance as it will not be contrary to the
public interest, due_Dto the following special con~~d,i~t~ions:
_ ~-,
~- ~_
r~~
/ ^,
--- ---------- ~--------- - ~~ - ~- ~-- ? ~ ~ GL~?
_ _~ _ .~ 5?~_-~._ _ ~~1~-`-c'~C' C~ ~t~C.-LC=D .-'-"~
- --- - ------------ --------c'
.,•~rr
and because a strict enforcement of the provisions of the ordinance
would result in unnecessary hardship to this applicant bei g:
~ /"
~_ ~~k~. ..... ..~~ .............. . . . ...................... . .
and such that the spirit of this ordinance shall be observed and
substantial justice done subject to the following limitations:
/ E _
Q l~D-mot! ~ L ~ `~` ~ °'` ---- ~G=~~ ~ ~ r f- ~~=- ~^ ~ -_r~.
-~------------- -- -----!-- ----- ~r- -/
_..- ~
Motion mf'de by ___ Date _~~__ I __________
Seconded by ____~ ~O ~~ _ ~'~,_________ Voting Results _ ~ r
r
Chair signature _~
AaBNDA ITBM N0. 6: Other buaineae.
Mrs. Kee announced there will be no meeting on November 15th.
AaBNDA ITBM N0. 7: Ad3ourn.
Mrs. Baker made a motion to adjourn. Mr. Thompson seconded the motion which carried
unanimously (5-O).
APPROVED:
Chairman, David Ruesink
ATTEST:
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City Secretary, Dian Jones
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ZBA Minutes 11-1-88 Page 5
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YONING BOARD OF ADJUSTMENT
GUEST REGISTER
DATE November 1, 1988
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