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HomeMy WebLinkAbout01/15/1991 - Regular Minutes - Zoning Board of AdjustmentsM I N U T E S Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS January 15, 1991 7:00 P.M. MEMBERS PRESENT: Chairman Alternate MEMBERB ABSENT: Vice Chi Alternate STAFF PRESENT: Assistant Assistant Thomas. Henry, Members Lane and Yarbrough, Members Phinney, Kennady and DeOtte. airman Baker, Member Cronan, and Members Webb, and Gaston. City Attorney Coates, Planning Kuenzel, and Planning Technician AGENDA ITEM NO. 1: Call to Order - explanation of functions and limitations of the Board. Chairman Henry called the meeting to order and explained the functions and limitations of the Board. !,~ AGENDA ITEM NO. 2: Approval of Minutes - Meetinq of December 18. Mr. Lane moved to approve the minutes of December 18, 1990 as submitted. Ms. Yarbrough seconded the motion which carried unanimously (5-0). AGENDA ITEM NO. 3: Consideration of a front setback variance request at 800 Gilchrist. Applicant is Frederict Trost. Planning Assistant Kuenzel presented the staff report listing one alternative, to rebuild a portion of the front wall. A copy of the subdivision plat reflects a lot depth of 108' along the westerly lot line. The actual plat shows a depth of 100'. According to the applicant, the builder relied on false information, believing that he had eight additional feet. On December 14, 1990, Jane Kee received a survey of the subject property. In response, she wrote a letter assuring the owner that the City would not take enforcement action in this instance. This procedure is often followed in other similar instances. The property owners are informed of the option to seek a variance in order to clear the non-conformity on the property. Most owners do not choose this option. Fourteen property owners within 200' feet of the subject lot were notified with one inquiry. Applicant Frederict Trost approached the Board and was sworn in by Chairman Henry. He informed the Board that he was requesting the i ~ variance in order to clear the title of the home at the request of a prospective buyer. When building the home, Mr. Trost miscalculated the front setback by approximately nine inches. Mr. Lane moved to authorize a variance to the minimum setback (Table • A), Section 15 Ordinance 1638 from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: (1) encroachment is minimal of negligible impact upon the neighborhood (2) older neighborhood has a great deal of setback diversity and such that a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being the cost of corrective measure in contrast to the true impact of the problem and such that the spirit of the ordinance shall be observed and substantial justice done. Ms. Yarbrough seconded the motion which passed unopposed (5-0). AGENDA ITEM NO. 4: Consideration of a sign variance request at 310 East University. Applicant is the Brazos Valley Arts Council. Planning Assistant Kuenzel presented the staff report requesting a variance to allow a second sign. According to the Arts Council, the office for the Council and the Gallery itself are located within the same lease space. Advertisement of the Gallery is restricted because the existing freestanding sign does not have adequate space. Staff did not find possible special conditions that relate to the layout of the property. Alternatives are to attach the proposed sign to the building face or expand the existing sign. Twenty-two property owners within 200' feet were notified with three inquiries. Drew Matthews, President of the Arts Council, approached the Board and was sworn in by Chairman Henry. Mr. Matthews explained that because the Arts Council is a non-profit organization, they need effective and low cost means of advertising. In an effort to promote local artists, several hundred square feet of additional lease space has been designated as a gallery or display area. The existing sign, located at the opposite end of the property, does not adequately advertise the new gallery. Chairman Henry agreed with Mr. Matthews that the existing sign was not well placed. The Arts Council is a charitable group and needs additional advertising methods. Mr. DeOtte expressed concerns of: (1) the proposed sign reducing visibility along Nimitz and University (2) the variance running with the property and not the applicant (3) the clutter created by adding a free standing sign or • reducing the 150' distance required between low profile signs (4) the possibility of neighboring businesses adding new signs and creating additional clutter. He suggested the modification of the existing sign to emphasis the gallery and not the general offices. Mr. DeOtte stated that there was not a hardship in this case and the intent of the ordinance should be preserved. Mr. Phinney agreed that the ordinance intends to eliminate clutter; however, if a low profile sign was placed in the proposed location, the spacing between the two signs would not create clutter and blend with the other low profile signs in the area such as Black-eyed Pea. Mr. Lane stated that the Arts Council is a worthy cause and needs additional advertising space; however, all alternatives should be explored. Mr. Lane suggested tabling the item to investigate the possibilities of reducing the proposed sign to a low profile sign, modifying or expanding the existing sign, and exploring the traffic hazards created by the proposed sign. Ms. Yarbrough agreed with Mr. Lane and suggested the use of directional signs in conjunction with the modification of the existing sign. She stated that if the variance was granted, the two signs would be spaced far enough apart as not to create clutter. Ms. Yarbrough moved to table the item until the Board's next meeting on Tuesday, January 29, 1991. Mr. Phinney seconded the motion which passed unopposed (5-0). Ar,FNnA TTFM Nn. ~~ Reconsideration of the revised ZBA rules and • procedures. Ms. Yarbrough moved to accept the new ZBA rules and procedures as submitted. Mr. Lane seconded the motion which passed unopposed. g(;FNnA TTFM Nn _ ~, . Other business . There was no other business. A(;FNnA TT~1 N() _ 7 . Adjourn . Mr. Lane moved to adjourn the meeting of the Zoning Board of Adjustments. Chairman Henry seconded the motion which passed unopposed (5-0). APPROVED: ` /~~ Chairman, ett Henry i ~TTEST~/ /J Plan~iin~ Technician, Natalie Thomas ZONING BOARD OF ADJUSTMENT 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) Table A minimum setback ( ) ___parking requirements (Section 9) from the terms of this ordinance as it will not be contrary to the Dublic interest. due to the followip~_~pPcial conditions: ---------------- ---- r 1 ~~~~k'1~G it -yr----Z~~~``----- --- ~ -. V ! ------------------- - - - - - - -- -~- -Q - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - /~ , r --_~---~r _ ~~' --------------------------------------- and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: V ~''~`-~ -- - and such that the spirit of this ordinance shall be observed nd substantial justice done subject to the following limitations: Motion made by __~ _________ Date Seconded by __!~ _ `a ~ar'OD ~___________ Voting Results __________ .... ;hair signature ____~___ ~' ZONING BARD OF ADJUSTMENT GUEST REGISTER DATE NAME ADDRESS 2 . J , ~K , ~'N uas>~ N ~40 ~it.~ H6Zl s; ~. S 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23- 24. 25.