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HomeMy WebLinkAbout01/23/1989 - Regular Minutes - Zoning Board of AdjustmentsTNUTES • CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment Monday, January 23, 1989 7:00 P.M. LJ • MEMBERS PRESENT: All present {Ruesink, Gilmore, Gentry, Henry & Thompson) MEMBERS ABSENT: Alternate members Baker & Garrett; also Council Liaison STAFF PRESENT: Senior Planner Kee, Assistant City Attorney Banks, Assistant Planner Johnson and Planning Technician Volk AGBNDA ITBM NO. 1: Call to order - explanation of functions and liaitations of the Board. Chairman Ruesink called the meeting to order and explained the functions and limitations of the Board. AGBNDA ITBM NO. 2: Approval of ~inntes - meeting of Noveaber 1, 1988. Mr. Gilmore made a motion to approve the draft minutes as submitted. Mr. Gentry seconded the motion which carried unanimously (5-0). AGBNDA ITBM NO. 3: Hear visitors. Jim Baker, 1119 Ashburn was sworn in and read a letter he had prepared addressing 4 specific passages of the minutes of the meeting of September 6, 1988, and which were approved on November 1, 1988. The letter indicated that he and his wife believe the minutes are incomplete and/or misleading, and they would like to have them amended to include his transcript of those passages. He requested that the letter he submitted to the Board become a part of the minutes to clarify any questions which may arise in the future. Mr. Ruesink explained that the minutes of the September meeting have already been approved. Assistant City Attorney Banks interjected that Mr. Baker's letter will become a part of the public record for this meeting, and added that the City's policy is that minutes of gublic meetings are not required to be transcripts, but rather are summaries which are paraphrased, and that the actual recordings of the meetings are kept on file for any required clarification in the future. The Board granted Mr. Baker's request, and directed Mrs. Volk to include the letter from Mr. & Mrs. Baker to become a part of the minutes of this meeting (1-23-89). (See attached letter following minutes of meeting.) No one else spoke. AGBNDA ITBM NO. 4: Consideration of a request for s variance or special exception in order to place additional principal structures on the property at 300 Montclair. Applicant is S. L. Hunt. Mrs. Kee presented a slide show of the area and the staff report covering the request which has been determined to actually be a request for a variance to the lot dimensions, for the purpose of adding additional principal structures on a 2 acre • site that currently has 6 residential structures on it. She explained that Section 8.4 of the Zoning Ordinance requires that for more than one structure housing a permitted principal use to be placed on a building plot, all yard and other requirements must be met for each structure as though each were on a separate lot. Mrs. Kee described the physical characteristics of the lot, including area zoning and land uses, lot dimensions, utility availability and access. She stated that the lot dimensions required in an R-1 zoning district are 50 feet by 100 feet, and Mr. Hunt is proposing to have five building areas to be approximately 40 feet by 100 feet. Mrs. Kee identified alternatives which would allow the applicant to accomplish the same proposal as being (1)To receive a special exception allowing additional development not to exceed 259b of the area of the tract, which would have to meet ordinance requirements relative to building area, setback dimensions and access; or, (2)To request and be granted R-lA zoning on his property which requires a minimum lot area of 4,000 square feet with no minimum lot width requirements. Mrs. Kee then informed the Board that the Building Official's office has inspected the building to be moved to the site, and has noted all conditions required to bring the structure(s) up to code, and the Fire Marshal's office will determine if additional fire hydrants will be required, and will additionally require as a minimum, a drive with an all weather surface which is at least 20 feet wide. Mrs. Kee reported that 36 area property owners had been sent notification of this request, and she had received several calls, most of which were inquiries, one which was in opposition, and one which indicated no problem with the proposal. • The Board asked questions for clarification regarding what a special exception would allow, what R-lA zoning would allow, with Mrs. Kee answering the questions, and Mr. Thompson finally pointing out that this specific request is for a variance. Mr. R. L. Hunt, Jr. of 300 Montclair came forward and was sworn in. He briefly explained the history of his family's ownership of this land, stated that in the early 1950's the Hunts were told by the City there was room on the tract for additional structures, and pointed out this land is unique in that it has never been subdivided or platted, and is the only acreage in an area surrounded by platted lots. He clarified that his request for a variance is to allow him to place 2 additional rental units on the tract, and then showed a rendering of a possible alternate plan, pointing out that he is not indicating it is the plan, but rather could be the plan. He said he has no plans to sell off or build on other areas of this tract at this time, and his immediate plans are only for moving 2 additional rental units along the rear of the property. He added that the driveway, or road through the property is undedicated, and other than to grant an easement to the City, he has no plans to dedicate a road. Mr. Ruesink asked for clarification as to the number of units Mr. Hunt is requesting a variance for, and Mr. Hunt replied that his immediate plans are to place 2 additional units along the rear, and for the time being he thinks would allow his family the highest and best use of the land, but pointed out that future plans might change since there is pressure for commercial property in this area. Shaw Wulfson, 301 Highland came forward and was sworn in. He stated that he opposes • this request in whole or in part for the following reasons: 1. The area is developed with single family homes generally from 1500 to 2000 square feet. ZBA Minutes 1-23-8g Page 2 2. There is an existing easement along the rear of this property and he does • not know if this has been shown, but it should be considered. 3. R-1 Single Family Residential zoning would imply that each house should accommodate 1 family, and a 400 square foot structure would not meet that requirement. 4. The existing structure and the lot itself need additional maintenance, including improvements and/or cleaning up. 5. Although the neighborhood is made up of a lot of rental property about which nothing can be done, he does not think the Gity should allow someone to add to the existing problems of the area. 6. He then asked if the existing 4 cabins are located on individual lots, to which Mrs. Kee replied they are not and Mr. Hunt has no plans to subdivide the tract. 7. Most lots in the area are the required 50 feet by 100 feet in size, but most of the houses in the area are situated on 1 1/2 lots, so the building plots for each house are actually apgroximately 75 feet by 100 feet. 8. The 2 proposed corner "lots" should be considered 1 lot to support 1 larger structure which could accommodate a family. Edward Hefti, 300 Fairview came forward, was sworn in and stated that he is opposed to this request and would like to see the single family zoning with the 5000 square foot lot upheld. Frances Calliham, property manager for 305 Montclair came forward, was sworn in and stated the owner of the property she represents has requested denial of this request, not to keep the Hunts from building what is legal, but to stop adding more which is not legal. In addition to this, the owner would like to request the City to have Mr. • Hunt clean up the property which is next to the residence at 305 Montclair. Billie Trail, 12 Ranchero Road, owner of the rent house on the corner of Montclair and Angus came forward, was sworn in and stated she is concerned about the small size of the proposed building plots and the type of upkeep given to this type of establishment, adding that she does not think additional development of this type helps the atmosphere of the Montclair neighborhood. Mr. Hunt came forward again and stated that his mother, the owner of this property, is 93 years old and admitted maintenance of the property has been lax, but he is back home now and is making a major effort to bring everything up to standard, and to upgrade the property. Greg Taggart, #7 Wellborn Heights, Wellborn, came forward, was sworn in and identified himself as an employee of Municipal Development Group, the company planning this project for Mr. Hunt. He stated that he would like to present an additional possible plan and was granted permission. He showed a plan to the Board. He pointed out that there is R-6 zoning within 80 feet of Mr. Hunt's property, so the entire neighborhood is not R-1. He stated this alternate plan would be to eliminate one of the lines dividing 2 small building plots to create 1 building site which would allow everything to be within specified requirements except for 3 small areas. He continued to explain that Mr. Hunt has purchased 2 new units which meet current building standards, and he wanted to put them across the rear in alignment with the existing cabins, and to have the other areas toward the front of the lot available to accommodate possible future buildings. He said the alternate plan would place only 1 • additional structure along the rear, with the other one going toward the front of the property. ZBA Minutes 1-23-89 Page 3 ,,~.., Mr. Gentry asked why a variance would be required if Mr. Hunt uses this alternate • plan and Mrs. Kee explained that the existing cabins do not meet lot size requirements, therefore this entire property is a non-conforming use, and in order to make any changes, either a variance, or a special exception must be granted. She continued by explaining the original variance if granted would allow 6 additional building sites, but the newest proposal presented at this meeting would allow only 5 additional building sites. Mr. Gilmore pointed out that the other alternative to a variance or a special exception as identified by staff would be for Mr. Hunt to seek rezoning of this property to R-lA, which would appear to more aptly suit Mr. Hunt's future plans. Mr. Taggart stated that time is of the essence to Mr. Hunt, and rezoning takes time. Additional discussion took place among the Board members, Mrs. Kee, and Mr. Taggart, covering the history of the existing non-conforming buildings, the reasons they are non-conforming, and the section of the ordinance which allows more than 1 principal structure. Mr. Wolfson spoke from the audience to say that he has been under the impression that the proposed new structures would be built, but he is now hearing that they are existing structures to be moved in. He stated that there is some historic character to this neighborhood in that the area had a higher concentration of old faculty homes than anywhere else in the City, and he would hate to see that character diminished by any additional cabins. Jacqueline Waldeck, 315 Highland came forward and was sworn in. She asked when the • existing houses were built, and was answered by Mr. Hunt who replied they were built in 1954 and placed on foundations after they were approved by the City. Ms. Waldeck asked if plans included more cabins than the 2 referred to and Mr. Hunt replied that he cannot predict that at this time, but if future plans are for additional buildings, they will meet requirements. Mrs. Waldeck asked what is required by ordinance now and Mrs. Kee replied that lots in R-1 zoning districts must be a minimum of 50 feet by 100 feet, and the requested variance would make the existing structures legal as well as allow 6 additional building areas. She added that a special exception would only allow Mr. Hunt to increase the non-conformity by 25~. Mr. Thompson said he has no problem with the proposed 2 lots along the rear, but he would have a problem allowing the front part of the lot to be divided into 4 additional building sites. He explained that he does not think the 2 proposed along the rear of the property would affect the neighborhood very much, but if 4 more were allowed toward the front of the property, it would definitely change the character of the area. Mrs. Kee explained that if the variance is granted, certain conditions could be placed upon it. Mr. Hunt explained that he does not plan to put the buildings on Montclair because he does not want depreciate what he has there now. • Mr. Thompson said toward the front neighborhood. that he also has some concern about the placement of buildings of the lot because of the negative responses received from the ZBA Minutes 1-23-89 Page 4 .nom • For clarification purposes, Mr. Gentry paraphrased his understanding of Mr. Hunt's reason for coming before the Board, and said he is not particularly concerned about prolonging the existing non-conforming use, nor with the addition of 1 or perhaps even 2 structures along the rear property line, but he has a definite problem with the proposed "building plots" toward the front of the lot which are reduced so much by the road running through them that they are in no way near the required minimum lot size. Mr. Taggart stated that he thinks that Mr. Hunt has now decided that he only wants a variance to allow the placement of 2 additional buildings, and if he decides in the future that he wants something else, that can be handled at a later date. Mr. Gentry stated that he would always have a problem with the request, or any similar future request, as it pertains to the front part of the property as that would represent a definite expansion of a non-conforming use. Mr. Gilmore again listed the alternatives identified, but added that he agrees with Mr. Gentry's comments regarding the front of this lot. Mr. Ruesink took an informal show-of-hands poll of the neighbors who spoke, regarding their opinions for only 2 additional structures along the rear. Ms. Waldeck stated that if the variance is approved for additional structures in the rear at this time, it sounds like nothing would stop Mr. Hunt from coming back later for additional variances, and it is her opinion that such action would increase the density of this 1 acreage which is not allowed to the rest of the neighborhood which • is required to abide by the zoning and building ordinances. She continued by describing features of some of the homes in the area which make up the "character" of the neighborhood, and which could not be preserved if additional little buildings are allowed. Mr. Thompson told all present that any and all comments made at this meeting would be taken into consideration by any future Board, because staff is careful to include information covering any past action on a property. Mr. Wulfson said that if a variance is granted on either 1 or 2 additional structures, a precedent would be set for additional structures in the future, so he would prefer only 1 additional building on the site and the "building plot". Mr. Gentry then offered a motion to authorize a variance to the lot width and size from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: existing non-conforming use along the rear of the lot has been in existence for some time, and continued similar development will not detract from the current development of the area, and is in keeping with the general use of the area, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: the inability to continue reasonable and existing development, and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: allow 2 additional building sites in the southwesterly corner with 40 foot frontage as shown on January '89 plat submitted, but conditioned that no additional building sites shall be authorized without action of an appropriate City board, it being recommended that no such sites be approved. • Mr. Gilmore seconded the motion. ZBA Minutes 1-23-89 Page 5 Ms. Trail stated that she would not want any more than the 2 units in the back added • to this lot. Mr. Gentry explained that the existing mixed use of the older areas makes decisions in those areas difficult, and after reviewing the application and seeing slides of the area, he does not think 2 additional small units across the rear of the property would change the nature of that property, and now that Mr. Hunt is living here, perhaps the care of the property will improve. He continued by saying that he does feel strongly that the proposed additional building sites along Montclair significantly affect the density of development on the lot, and he recommended as part of his motion that it not be approved in the future, and if it comes back before him, he would not approve such a request. He added that hopefully this motion addresses all of the concerns, and will also allow Mr. Hunt to develop property that he owns, and ought to have the right within reasonable constraints, to develop. Ms. Waldeck came forward and stated that the zoning requirement is for lots with 50 foot frontage, therefore the motion would give Mr. Hunt 6 lots of substandard size. She suggested to come nearer to meeting current standards, no more than 1 additional building plot should be allowed for a total of 5 little structures. She pointed out that since the newer house is larger than the existing houses, it would seem more reasonable and suitable to put it on 2 of the proposed little lots for a total of 5 little houses. Mr. Gilmore called the question. Votes were cast on the motion made by Mr. Gentry and seconded by Mr. Gilmore, with the results being 5-0 in favor of the motion to allow Mr. Hunt to place 2 additional structures along the rear property line at the southwesterly corner of his property only. • Mr. Hunt thanked the Board and the neighbors for responding to his request. Mr. Ruesink also thanked all area residents who attended and participated in the meeting. AQBNDA ITBI~! NO. 5: Consideration of a request for a parking variance at the existing vacant building at 1804 Valley View Drive. Applicant is Ferreri Italian Hestaurant. Owner of the property is F.S.L.I.C. Mrs. Kee presented a slide show of the area and the staff report covering the request, including the physical characteristics of the lot, access, area land use and zoning. She reported that the existing building is 10,000 square feet and would require 133 parking spaces according to regulations in the zoning ordinance. She pointed out there are 22 parking spaces on the site, and a previous variance was granted to the parking requirements for a retail establishment at this location .for 11 spaces which cannot be applied for this business because it represents a complete change of use. Therefore, this applicant is requesting a variance for approximately 111 parking spaces. Mrs. Kee pointed out that the adjacent K-Mart center currently only requires 300 spaces of the 630 which are available, but the owner of the proposed restaurant has been unable to secure a parking easement from the owners of the K-Mart center, although he has not given up and is still seeking that easement. She identified the hardship the applicant faces as the limited use available for the existing vacant building, or the restriction of floor space which could be used if the use is changed to a restaurant, which would limit his use to only 25~ of the • available total square footage. Mrs. Kee explained the ordinance intent for on-site parking requirements as being to ZBA Minutes ~-23-89 Page 6 provide adequate off-street parking to avoid traffic congestion, that 4 area owners • had been notified of the request, but she had received no comments from them. She then painted out that the applicant has furnished several letters for the Board's information, and that the owner of the Putt Putt golf course across Valley View Drive has submitted a letter at this meeting in favor of this request for the members. Joe Ferreri, 902 North Rosemary Drive, Bryan, came forward, was sworn in and identified himself as the applicant of this request. He explained the problems he has encountered with the owners of the K-Mart center which are on-going, and have taken place over the past 7 months. He stated that he has been verbally informed that the owners of K-Mart are in favor of granting the parking easement to him, but a written agreement would be a long time coming due to the corporate structure which must agree to and sign the document. Mr. Thompson said that it would seem to him that this situation would be similar to other centers where uses are mixed and parking is shared. Mr. Gilmore pointed out that K-Mart owns the lease for all the parking, and if K-Mart doesn't want anyone else to park there, they should not. He continued by saying that this Board, if it grants the variance, would be allowing a business to open there, and he would have no problem with granting a variance contingent upon the condition that K-Mart does grant the parking easement, but if it does not, then he does not think the Board should grant a variance which could cause parking on that lot. Mr. Gentry stated that if this Board grants this variance, it is allowing Mr. Ferreri to run a business, and if K-Mart decides to fence off the area and enforce No Parking, it is not this Board's problem. Mr. Gilmore disagreed. • Mr. Henry said that he knows the total square footage of the building is 10,000 square feet, but he would like to know what the actual seating capacity would be, since he knows the building cannot be 100 occugied by patrons. Mr. Ferreri replied that he thinks he could put about 40 tables in the usable area of the building, which would require approximately 40-60 parking spaces. He reminded the Board there are 22 spaces on site and a variance was granted to a previous business for 11 spaces, so that would give him a total of 33 spaces toward the 40-60 he estimates he would actually need. He stated again that he is continuing to pursue the parking easement, and then pointed out an area on the K-Mart lot which has not been renovated, as has all the other area, and explained that is the area which he would be required to pave if the easement is granted by K-Mart. He further explained that approval of his loan application is contingent upon that parking easement. Additional discussion followed about the proposed number of employees, the hours of operation, removing tables if there is enough parking available, and the letters from the owners of the K-Mart center which Mr. Ruesink directed staff to include as a part of the record for this meeting. (See attachments following minutes). Mr. Gilmore said again that the K-Mart lot belongs only to K-Mart, and if they decide to enforce No Parking, the Board would be driving cars to someone else's property. Mr. Gentry said that he believes the existing 22 spaces will be enough for this type business at this location, and he is in favor of this request. . Mr. Thompson pointed out that the Putt Putt geople have additional unused land Mr. Ferreri might negotiate to obtain, and Mr. Ferreri said that he has already talked to the owner about it, but he still believes K-Mart will grant the easement, especially ZBA Minutes 1-23-8g Page 7 a since the area he is negotiating for has been excluded from the new paving project. • Mr. Ferreri then stated that some of the Putt Putt patrons park at the K-Mart lot, and the manager of K-Mart does not mind, but says he welcomes the gossible additional traffic. Tom Turbiville, owner of the Putt Putt Golf Course came forward, was sworn in and read a letter he had prepared for the ZBA which endorses Mr. Ferreri's plans for the restaurant and the variance he is requesting. He said that K-Mart has always cooperated with him and his needs for his business, and his employees help police part of the K-Mart parking lot for trash. He went on to say that the old Ira's building is very unique, and has become an eyesore since it is vacant, and the proposal by Mr. Ferreri could only enhance this area of the City. Mr. Gentry then made a motion to authorize a variance to the parking requirements from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: An unusually large amount of parking is generally available in the area, a variance will not detract from the area development, existing parking will handle a moderate crowd for this facility, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: inability to use an existing facility, and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: allow restaurant serving alcohol usage with 22 on-site parking spaces. Mr. Thompson seconded the motion which carried unanimously (5-0). AGBNDA ITBM NO. 6: Consideration of a request for a variance to setback require,ents for construction of a garage with living • quarters on the second floor at 111 Lee. Applicant is Clair J. Nixon. Mrs. Kee explained the request, which is for a variance to both the side and rear setbacks for the purpose of constructing a 3-car garage with living quarters on the second floor to replace a 2-car garage which has been removed. She showed slides of the area which is zoned R-1 Single Family Residential, and is primarily developed with single family homes. She explained that the required setbacks are 25 feet for the rear due to the proposed living quarters being proposed, and 7.5 feet for the side; however, the applicants are proposing a 10 foot rear setback and a 1 foot side setback to accommodate the proposed structure at a specific location on the lot. Mrs. Kee explained that the only alternatives identified by staff included building a smaller garage structure, or eliminating the living quarter which would reduce the rear setback requirement to 20 feet. She said that staff had located no previous action on this property, that 9 area property owners had been notified of this request, and she had received no responses to the notification. Clair Nixon, 111 Lee was sworn in and identified himself as the applicant and owner of the property. He stated his family had bought this 44 year old house about 2 1/Z years ago and have enlarged and totally refurbished it. He pointed out that street parking is not allowed in the area, so he must be able to contain his 3 personal i vehicles completely on the property. He explained that he and his wife have 7 children and have come to the conclusion that they may have to employ live-in domestic help, and the proposed living quarters would be for that purpose for a . number of years, to be converted to perhaps a home for in-laws at some time in the distant future. ZBA Minutes 1-23-89 Page 8 He cited examples of similar arrangements as being the Perryman's at 701 Lee have a • garage apartment and the Jessup garage is only approximately 2.5 feet off the property line. He stated the neighbors have voiced no opposition to his plans since they would only serve to enhance the neighborhood. Mr. Henry & Mr. Thompson asked what is on the property to the north and Mr. Nixon replied that the nearest structure is probably 75 feet from the property line, on the other side of the property. Mr. Thompson asked about the distance to a power line and Mr. Nixon stated the distance would be approximately 20 feet. Mr. Henry asked if this Board has considered any other cases in this old neighborhood and Mrs. Kee replied that the Jessup's garage has been allowed by the granting of a variance. Mr. Nixon stated that his proposed garage would have a greater setback than Mrs. Jessup's. Mr. Gilmore made a motion to authorize a variance to the minimum side and rear setback from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: vehicular access to the residence is required from the rear and other existing structures utilize the rear entrance concept with no other access to this property, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: inability to rebuild a garage which would better suit their needs, and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Henry seconded the motion which carried unanimously (5-0). AGENDA ITEM NO. 7: Consideration of a request for a aide setback variance for an existing porch structure at 225 Sterling. • Applicant is Century 21 Beal Heal Estate Inc. Mrs. Kee explained the request is to allow an actual side setback of 1.5 feet rather than the required 7.5 feet for the purpose of allowing an existing side porch to remain on the house. She pointed out that the applicant is a representative of a real estate company who is trying to sell the house, but the owner is the Mortgage Guaranty Insurance Corporation/Texas Housing Agency. Mrs. Kee showed slides of the property, the structure, the encroaching porch and the residential area. She explained that the Gollege Station Community Development office had moved several houses to Sterling Street and "rehabbed" them in 1983. She stated 'that the contractor doing the work had received a building permit for this particular structure for interior renovations only, and that no permit records were found for any exterior improvements, including the porch, which would indicate that no formal approval from either the Planning or Building Divisions was received for the additions. Therefore, the encroachment was not discovered until the survey was done for the sale of the house, rather than at the normal review of the application. She explained that the house adjacent to the subject property is about 8 feet from the property line and the roof overhang of the subject encroaching porch comes to approximately 6" of that line. Mrs. Kee pointed out the hardship would be that the property would not be able to be sold without a variance, and the way the porch is attached to the roof of the house would make removal or reduction of the porch appear awkward as well as reducing protection from weather elements. She stated the only alternative identified by • staff would be the removal of all or a portion of the encroaching porch. Charles Golightly, 4345 Carter Creek, Bryan, was sworn in and explained that this ZBA Minutes 1-23-8g Page g house cannot be sold as it exists without a variance, and added that there are • at least 8 houses which have been moved to this neighborhood, and one of them has an identical porch which was probably built without a permit as well. He then described the family who are trying to buy this house. Following very brief discussion, Mr. Thompson made a motion to authorize a variance to the minimum setback requirements from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: entry from the side would require steps from within the setback, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: as it was constructed without a permit and full use of the entry would be limited, and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: that the setback requirement be waived to allow the existing porch with no added encroachments. Mr. Gentry seconded the motion which carried unanimously {5-0). AGBNDA ITBM N0. 8: Other Business. Mr. Gilmore complimented staff on the slide presentation because it helped to more clearly identify the subject of the request and the surrounding neighborhood. All other Board members agreed it was extremely helpful and requested staff to continue with that type reporting. AQBNDA ITBM N0. 9: Adjourn. Mr. Gilmore made a motion to adjourn. Mr. Gentry seconded the motion which carried unanimously {5-0). • ATTEST: ------------------------------ City Secretary, Dian Jones r 1 U APPROVED: t. o~ C OCJ \ ----------------------------- Chairman, David Ruesink ZBA Minutes 1-23=8g Page 10 ..+ WTA • COMMERCIAL DIVISION Aicmher of International (('ouncil of Shopping Ccntcn FAX January 11, 1989 Mr. Dan Burdick KMart, Regional Headquarters Troy, Michigan Dear Mr. Burdick: 303 East Uni~~ersit~~ Dri~•e College Station, Texas 77840 (409) 260-9637 As you may recall from past contracts I have worked on for the Ira's facility adjoining KMart property in College Station, I represent the FSLIC in a brokerage capacity for the sale of Ira's. As with previous contracts, this one is contingent upon obtaining a cross-parking agreement with KMart. For the sake of clarity, let me list some critical points that you are most likely aware • of: 1. The contract must be closed out of escrow on January 31, 1989. 2. Your local manager is IN FAVOR of this particular contract due to the character, reputation and intentions of the buyer, Mr. Joe Ferreri, and the intended use of the premises as a very well appointed restaurant--an enhancement to KMart's business and curb appeal. 3. The property in question has been the subject of vandalism and theft, and it creates an unappealing eyesore for KMart due to the unkept grounds. 4. Ira's has been associated with KMart in our community and the fact that it has been vacant for so long does not bode well. 5. Mr. Ferreri has spent countless hours in lifting and satisfying an arm's length of contingencies in our contract. The only contingency remaining is the one concerning parking and the agreement with KMart. It has been an exhausting search to find financing in our severely depressed economy, but he has miraculously obtained financing as well. • COMMERCIAL SALES • LEASING PROPERTY MANAGEMEIv'T • Mr. Dick Burdick Page 2 January 11, 1989 ~6. Lastly, you will never find a user better suited to this property. Few have been willing to fight all the battles listed above. ~1r. Ferreri is sincere in making this venture work successfully to both his benefit as well as KMart's. I am respectfully requesting that you give this matter utmost priority in your schedule. I know from trying to reach you by phone that you are a very busy man. I am asking this as a special favor because so much is at stake - Not just for Mr. Ferreri, but also for FSLIC and most especially, for KMart. Sincerely,/% /' Sheila R~ Fay • Senior Vice-President WTA/Commercial Division l" SRF:sm • FEDERAL SAVINGS ~ LOAN INSURANCE CORPORATION AS RECEIVER LOUISIANA OFFICE • CERTIFIED MAIL P 843733712 January 6, 1989 Mr. Pat Ferreri c/o Ms. Sheila Fay WTA Commercial Division 303 East University Dr. College Station, TX 77840 RE: Notice of Federal Savings and Loan Insurance Corporation Approval Dear Mr. Ferreri: Reference is made to that certain Agreement to Purchase and Sell the property described as Ira's Fine Wines, 1804 Valley View Drive, College Station, Texas, (the "Agreement"), which Agreement was accepted by the Federal Savings and Loan Insurance Corporation in • its capacity as Receiver for Sun Belt Federal Bank, F.S.B. Stipulated within said agreement is the provision that the Agreement and the seller's obligations thereunder are expressly subject to and conditioned upon the approval by the appropriate Federal Savings F, Loan Insurance Corporation, as Receiver, Review Committee ("FSLIC Review Committee"). Please be advised that the FSLIC Review Committee has approved the Agreement, and accordingly the condition set forth within the Agreement is hereby deemed satisfied. SELLER: FEDERAL SAVINGS ~ LOAN INSURANCE CORPORATION AS RECEIVER FOR SUN BELT FEDERAL BANK, F.S.B. BY: ~ TITLE: Special Representative • DATED: jsb:kk 800 COMMERCE ROAD WEST, SUITE 300 • NEW ORLEANS, LOUISIANA 70123 • (504) 734-5771 January 23, 1989 Jir~1 & Bobbe Baker • 1119 Ashburn College Station, Texas 77840 iRr. Dave Ruesink Chairman Zoning Board of Adjustment City of College Sta~ti.on Dear i~lr. Ruesink; On September 6, 1988, we appeared before the College Station Zoning Board of Adjustment to request two variances related to the placement of a structure on our property in College Hills Woodlands subdivision. We have reviewed the minutes of that September 6th meeting and ,have found them to be incomplete and/or misleading on several counts. We realize that writing a summary of such a meeting is a difficult job, and we do not want our comments to be taken as critical of those who compiled the minutes. However, in the interest of preserving as accurate a record as possible of certain passages of that meeting, we would like to submit the attached transcripts of the pertinent passages which were typed from the audio tapes recorded by city staff • during the September 6th meeting. Every effort has been made made to insure that the transcripts are verbatim records of what was actually said at the relevant passages. We request that the transcriptions be entered into the public records of the Zoning Board of Adjustment to prevent confusion over what actually transpired during the September 6th meeting. Attached are the passages we would like included in the record: 1. City Attorney Locke speaking regarding the status of the closed section of Woodland Parkway right-of -way adjacent to lots 26,39, and 40. 2. Senior Planner Kee speaking regarding the status of lots 26 and 39. 3. .Chris Kling speaking about the map of College Station located in the hall outside council chambers.. (1941 map). 4. Jim Baker speaking at the close of the meeting. You may recall, at the close of the meeting, I circulated a map showing the approx imate location where I intended to place the building, based on the granting of the eave height variance. I asked the board to affirm that the variance granted approved of the building in the location depicted on the map; the board did approve. Also attached is a copy of the map showing the location where the building was actually placed in accordance with the permission granted by the Zoning Board of Adjustment. I ask that the Board certify that the attached map represents our compliance with their intent and that the map be entered in the public record. Sincerely, ' ~~ i~~~'~ei~ Jim and Bobbe Baker Passages transcribed from the September 6, 1988 Zoning Board of Adjustment meeting presented for inclusion in the public record: 1. City Attorney Cathy Locke: Dave Ruesink to Chris Kling: "This might be a good time for us to get a legal interpretation of that. If you would be willing to pause for a f ew minutes, we might ask our city attorney if we could have a legal clarification about the position that the board should be taking." Cathy Locke: "ivir. Chairman, members of the Board, I have met with the i~tayor and I have been directed to indicate to you that the city's position is that it does not assert an interest in any of the right-of - way along Woodland Parkway." Dave Ruesink: "Would you say that again, please?" • Cathy Locke: "It is, we have been directed to indicate to you that we do not assert an interest in any of the right-of -way along Woodland Parkway. If you recall in 1986, the city council abandoned the right-of -way adjacent to lot 41. As to lots 26, 39, 40, the city of College Station asserts no interest what-so-ever at this time." Dave Ruesink: "Ok, so that would be the clarification that we are working on the assumption that this is in fact the Baker's property that we are discussing." Page Z Passages transcribed from the September 6, 1988 Zoning Board • of Adjustment meeting presented for inclusion in the public record continued: 2. Senior Planner Jane Kee: Dave Ruesink: "I wonder if we could get clarif ication about how many lots we're dealing with here." Jane Kee: "You're dealing with lots 26 and 39 in my mind. The ordinance provides that a building plot can consist of one lot and multiple lots. That provision is what allows an accessory structure to be on lot 39, accessory to the principal structure on lot 26. The ordinance further does not preclude, at some point, lot 39 existing as a separate building plot and having a residential structure on it, providing that set backs and all other ordinance conditions can be met. One of the reasons: because the configuration of that lot was done prior to our subdivision regulations, and if there are any non- conformaties, they would be accepted and it could be developed as a lot by itself." • Board Member: "So, that lot could be sold and some- thing developed or a house constructed on it separate from lot 26." Jane Kee: "It could as long as all other ordinance requirements were met: it would have to have an access and set backs and that sort of thing. But for purposes of this, there is nothing in the Ordinance that precludes this being viewed as a building plot and allowing them to place an accessory structure on the other side of the lot line from lot 26." ~. Page 3 Passages transcribed from the September 6, 1988 Zoning Board of Adjustment meeting presented for inclusion in the public • record continued: 3. Chris Kling: "Outside this room hangs a map that is titled the official city map for the city of .College Station and it is dated 1941. It includes within its boundaries the College Hills Woodlands subdivision and it also reflects that the piece of property where the applicants intend to place this building is an open street." 4 . Jim Baker Dave Ruesink: "Alright, is there any further business to come before the board?" Jim Baker: "I'd like to address a couple of matters of fact, just to be, just to have it clear in my own mind. My understanding is that I've been granted a • variance to have a 13 foot eave height and for that building to be 15 feet from my rear lot line. Is that correct?" Dave Ruesink: "That is correct." Jim Baker: "OK, I wanted to submit this site map that is a copy of where it was originally permitted and see if that is agreeable." Jane Kee: "That is the one where you have the 15 foot dimensions?" Board Member : "Yes . " (The map wa s being shown to eac h board member). Jane Kee: "That's generally in the location that was proposed tonight. This was what was sul~nitted with the moving permit and it shows the structure 15 feet from the rear line, generally in the same location." • Jim Baker: "And that's everybody's understanding then. OK, I wanted to be clear on that. One other point," Page 4 Passages transcribed from the September 6, 1988 Zoning Board of Adjustment meeting presented for inclusion in the public • record continued: 4. Jirn Baker continued: Dave Ruesink: "Anywhere as long as it's 7~ feet from the side." Jim Baker: "OK." Board Member : "And 15 feet from the rear . " Jim Baker: "One other point I wanted to clarif y as a matter of fact that was brought up about the map in the hall that showed College Hills Woodlands Subdivision being part of College Station in 1941. I invite anyone to inspect that map: there's a city boundary there shown on that map. College Hills Woodlands is clearly outside that boundary. College Hills Woodlands was admitted to College Station by Ordinance 127 in 1949. There are a number of other • fact--points that I could .address, but I wanted to just correct that one. I'd like to thank all of you for your consideration here and I know that this is a lot of energy and time that you invest in public service and I certainly appreciate the time and attention that you've all put into this matter. Thank you." ~ r • •I S?i?~?~3~5~ i ~?l f 9 i a -P C71 w n. ~° / ~® ~~ e ~' .~~ 4 n o ~-~ ~~ a Jp .a ~ ,~ ., ~, ~~ `~ ~ ~ ~ ;~ ~ ~ ~; ~ tb Rai ~ ~ ~ ;11 ~ 0 ~ O ;;; ~~. ~~ ~~ -P ~ f ; ,' ' 1 1. • . ! • ~,~ ~ .~ ' ~~ ~~` , ~n,~ ~ , ~' ~ ` ~ Z - - '~ p (~ c ii ,~ ~ o ` a v M ~ ' a' e Y (~ N D ~{d l . a a ~ N y z ~ ~ V ~+ ~~ ~ ~ zz (D j ~ ~ ~ O ~ (~D ~w O ~~~ S V ~n.~I}~ V 3~ ro D i z S ~ Q ~ p' A ~o ti ~ R P ~ cs P s ~ ~' s ~ s ~ o .h T o ~ pp 3 G ~1- s ~ M S ~ h ~~ N ~ 0 t 7 s -~ o N ~ s W ~ w ~ F S w^ F ~- F- s o .., ~~ ~ z ~ ~ ~ ~ ~c r jZ 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 to the following special conditions: _ ~~~~~ L'am'- --~''-'=`=~='~"'=~ =-- --- '~---=~,~.=- - ~'~! ` - ay--- ._ and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: ~ ~ ~ ~ ~~ ~ ~~=~-•~-= . - -- a~~ - - ~---- ----------------- ~~~ --- ~ D ~. \.4 ° ; and such that the spirit of this ordinance shall be erved and ~ substantial justice done subject to the followin imitations: //~~~~,'' / ~, ~r' ...- Motion made by ___.~JC~~~ ---------------- Date -----------____-- ~~~--t {-1~ ~ ~ ,~ ~.°N o t i n g Results ~!!~ _ _ __ Seconded by ----~1 ~_"-=-v ---~ - ~~-='`-t-.. _ Chair signature '~.J~~ -- -~ -'~~(.I~'~------------------ .- ~' ~. ~ ~ , ~A=i2!~~~~1/"V"~ ~"~-•. ~.~%1""F.i i~T•-i.-iL~.~, a`..~.w"`~°e ,1d~` ~ /~":i ~,,,,~~~i~~.+w.~v qp.,. ~,K ~..~ /. ~ T (,~,.~ „°'` C'•"G".a,°~,._ ! 1G/~h:.+~-,w ~-!` .'~~ #. M~~~~.i. >. ,,,Ls,.. .. «, ~"'.. - ~W"'~ .L-,,, ~a ~h'„'' Z..!!L i1G " """'y ~- fr`"~. Joe Ferreri 1804 Valley View Drive • 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) ___f/_ __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: K~~ ~' ~. ~. ,, ., -- - -------- ----- `_G ='~ _ ~'" _ a ~v ~ r r .~ y ,/ ~ r' and because a strict enforcement of the provisions of the ordinance ~.,' would result in unnecessary hardship to this applicant being: - -- ---~ ~-~==-~-=~=---~ --- +-y~- ._, ~, ~ -------------------------------------------------------------------- and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: ~'r.rv~.~,~' ~,kolo/ c..~:~,~,~--~ Motion made by --- - -- -~~-~---------- Date 1_23.=$~----_----- __,~ a-""~ Voting Results Seconded by ----~~~ -- ----------- -~=Q------- Chair signature _ ~_ ~ ,.~~t.~ Putt-Putt~Golf Cours¢s P~TT~P~?T Jan . 23 , 1989 Zoning Board of Adjustment City of College Station College Station, TX 77842 Dear Board Members: Please accept this as my personal endorsement of Mr. Joe Ferreri's plan for a restaurant pro.7ect at 1804 Valley View Drive. The above mentioned property is located directly across Valley View Drive from Brazos Valley Putt-Putt, which I own. I believe that a high quality restaurant, such as Mr. Ferreri plans, would be a further enhancement of the business and residential area surrounding this location. Being a family entertainment business as I am, I believe that Mr. Ferreri's business would attract similar clientele, therefore we would highly compliment each other. I urge the Board to grant Mr. Ferreri's parking variance request, so that one of College Station's more unique buildings can resume operation as soon as possible. Tom B. Turbi , Brazos Va11eY Putt-Putt 1705 Valley View Dr. College Station, Tx 77840 incerel , ~`~ , -11J~~~ i l le Owner "Sennng over 20.000.000 people omuoly with fun" ZONING BARD OF ADJUSTMENT -~ GUEST REGISTER DATE January 23, 1989 NAME ADDRESS 2. ,f 3. i r/~ ._-- 4 . t~ v ~~. ~ ~ ~~„i 5 . cz. ~'~ c~~ 6 . (,</ ~~o ~ ~~~. ~ - ~ S . ~ D `l ~~-c,~G~t r ~ ~~ ~v ~ ~. ~ . `l _ ~o. `~jrh~-D~d~~P_ ~~ P_~ .~~~~~ ~~~~ C~ S 12 . ~ - ~,Ll~~ll ~ ~~D~ / L. 13. 14. 15. 16. ~~, 18. 19. 20. 21. 22. 23. 24. 25. ZONING BOARD OF ADJUSTMBNT • FORMAT FOR POSITIOB MOTION Variances from Section 15 Ordinance 1638 I move to authorize a variance to the ________yard (Section 8.?) ________lot width (Table A) ________lot depth (Table A) __~ ____ninimum setback (Table A) ________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-~-~---~------------- .. , v c~. ~ 1~- .. 1,,, ~~, .G- ~.~ n - rte. ~:. ~ a` ------- • ~.~ ~_ti u_~i~ ~.~. ~~-~`~---t_~.~~'r~_Ct~ `~'=~ ----~-~~._c~ ?/ ~t ~.v "-t' ~d_~ ~vl~,u c ~' , --- - ------------------------- and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: I I _f / q,,.~ f l ~,,,~ ~-~t 4~ 4 C~ C L.-C' 1 `'{ Aj ~ ~ f ! ~ ! 1 t ~, ~. r ...~. ~ /r .: and such that the spirit of this ordinance shall be observed and substantial justice done, _~ ""'+°}'^^ Mo t i o n made b y _ _ _ _ _ _ =~-~" ' - w4--1.~-~•t.~ _ D a t e _ - - Seconded by _____~~~_~ -____-- Voting Results _1/V~~,[~__-- Chair signature ___~ __~'~,~~:~ ZONING BOARD OF ADJUSTMENT • FORMAT FOR POSI?IVB 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 to the following special conditions: _ and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: --- ~'~'" c ~-~' fir'` CC '~IZ~t.~.~,~- _~G~ _ ~' and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: fI Motion made by _~,~~I~~-°----____-- Date ~~if71~~ ,_ Seconded b / ~` _________ Voting Results<<« '"v ---------- - - i - / • Chair signature ~ Q~_~ _ ,~(,t„Q1~1..~,,.y,~