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HomeMy WebLinkAbout03/05/1991 - Regular Minutes - Zoning Board of Adjustments• M I N U T E S Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS March 5, 1991 7:00 P.M. i• i• MEMBERS PRESENT: Vice Chairperson Baker, Members Lane and Yarbrough, Alternate Members DeOtte and Gaston. MEMBERS ABBENT: Chairman Henry, Member Cronan, and Alternate Members Webb, and Phinney, Kennady. STAFF PRESENT: Senior Planner Kee, Assistant City Attorney Coates, Planning Assistant Kuenzel, and Planning Technician Thomas. (Council Liasion Gardner was in the audience.) AGENDA ITEM NO. 1: Call to Order - explanation of functions and limitations of the Board. Vice Chairperson Baker called the meeting to order and explained the functions and limitations of the Board. AGENDA ITEM NO. 2: Approval of Minutes - Meeting January 29, 1991. Ms. Yarbrough moved to approve the minutes of the meeting January 29, 1991 as submitted. Mr. Lane seconded the motion which carried unopposed (5-0). AGENDA ITEM NO. 3: Consideration of a variance request to the rear setback requirements at 900-8 Harvey Road in the Post Oak Village shopping Center. Applicant is David Bormann. Planning Assistant Kuenzel presented the staff report requesting a variance to allow a boiler structure external to the building. The proposed addition will not encroach into the ten foot utility easement along the rear. Five of the surrounding lease spaces have slabs with steps that lead into the rear area that extend five feet into the alley. The proposed structure will not protrude more than the existing landing. The only alternative is to locate the boiler inside the building. The Board must decide whether the location of the shopping center building in relation to the rear setback line (that is, the location of the building is directly on the setback line) constitutes a special condition. The applicant has stated that working conditions inside the building would be poor due to the heat caused by a boiler located inside. Twelve property owners within 200' were notified of the request with three inquiries. • i• r~ ~J Lane Leissner approached the Board and was sworn in by Vice Chairperson Baker. He stated that he and his partner, David Bormann, have leased a space in Post Oak Village Shopping Center and wish to open a dry cleaners. Mr. Leissner proposed a cylinder block construction located at the rear of the property to contain a boiler; if contained inside, a two-hour fire wall would have to be placed around the boiler. Delivery trucks as well as emergency vehicles would have adequate access behind the shopping center with the proposed addition. Mr. Leissner suggested a stipulation in the lease stating that the addition would be removed upon termination of the lease. Mr. DeOtte informed the Board that if a special exception was determined, a variance could be granted with the stipulation that the exterior structure be used only for mechanical purposes. Because the boiler is powered by gas, safety risks are higher if located inside. Due to safety and energy standards and economic and environmental factors, a variance should be granted to allow the boiler to be located outside. Mr. Gaston stated that there was no justification or hardship in this case to determine a special exception. People inside the building may be safe; however, people in the alley would be at risk. He added that the Building Code should address energy and environmental factors and not the Zoning Board of Adjustments. Ms. Yarbrough moved to authorize a variance to the minimum setback (Table A) from the terms of Ordinance 1638 Section 15 as it will not be contrary to the public interest, due to the following special conditions; the boiler inside the building may become hazardous and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: the use be for mechanical purposes only. Mr. DeOtte seconded the motion which failed (2-3). Vice Chairperson Baker, Mr. Gaston and Mr. Lane voted against the motion. AGENDA ITEM NO. 4: Reconsideration of a variance request to the sign regulations at 310 Oniversity. Applicant is the Brazos Valley Arts Council. Mr. DeOtte moved to untable the previously tabled item to reconsider a variance request to the sign regulations at 310 University. Ms. Yarbrough seconded the motion which passed unopposed (5-0). Planning Assistant Kuenzel presented the staff report requesting a variance to allow a second freestanding 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. The • Arts Council has also proposed a less intense request to grant a variance to the minimum separation of two low profile signs if the original request was denied. Twenty-two property owners within 200' feet were notified with three inquiries. The ZBA tabled the request Tuesday, January 15, 1991 to allow the applicant more time to consider alternatives and to address concerns of the Board. Gib Sawtelle approached the Board and was sworn in by Vice Chairperson Baker. He explained that the initial sign was less expensive and easier to relocate. Because the Arts Council is a charitable organization, financial hardships are a major factor. Mr. Sawtelle stated that the hardships are the educational and social impact that could be put into the community due to poor advertisement as well as the organization itself being non-profitable. Cass Prince approached the Board and was sworn in by Vice Chairperson Baker. She informed the Board that the owner is not willing to work with new lessees to redesign the existing sign for adequate identification. If a car is parked in front of the existing sign, the sign is not visible from University. She added that the Arts Council has received complaints from the public not being able to locate the gallery. Mr. Lane stated that the existing sign is located in a bizarre area and prefers an additional low profile sign along Nimitz near the driveway access. The applicant could try to preserve as much of the required 150' distance as possible. He is concerned that the owner or future lessees will take advantage of the variance. Mr. Sawtelle stated that only 5~ of traffic flow into the gallery is from Nimitz. The Arts Council needs high visibility to attract the attention of new as well as regular patrons. The purpose of an additional sign is to locate as well as advertise. Mr. DeOtte stated that neither sign would create an adverse condition or clutter. If a variance was granted, constraints as to size and distance could be placed on the sign so as not to abuse the variance. Mr. DeOtte moved to authorize a variance to the sign regulations from the terms of Ordinance 1638 Section 12 as it will not be contrary to the public interest due to the following unique special conditions not generally found within the City: the existing sign is at its furthermost possible location with respect to one boundary and construction of a second free standing will not detrimentally affect the appearance of this or adjacent property; and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to this applicant being inadequate advertisement of the property function and such that the spirit and intent of this ordinance shall be preserved and the general interests of the public and applicant served, subject to the following limitations: the second sign shall be place as far as possible from the existing sign while fronting University Drive, the supporting structure shall not exceed ten (10) feet in height, the width shall not exceed five (5) feet, and • the total space for copy shall not exceed fifteen (15) square feet. Ms. Yarbrough seconded the motion which passed unopposed (5-0). ~„ • AGENDA ITEM NO. 5: Other business. There was no other business. AGENDA ITEM NO. 6: Adjourn. Mr. Gaston moved to adjourn the meeting of the Zoning Board of Adjustments. Mr. DeOtte seconded the motion which passed unopposed (5-0) . APPROVED: r Chairman, Bret enry i• ATTEST: ~ ~. Planning Technician, Natalie Thomas i• ZONING BOARD OF ADJUSTMENT ~ORMAT FOR POSI?IVB MOTION Variances from Section 15 Ordinance 1638 I Hove to authorize a variance to the ________yard (Section 8.?) 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 follawip~_~vPcial conditions: ~( r `~~ C,' 1.~ ~i...~-? _ b4~F~A~ leti,,- ~..: t (1_.~ =-= ° 4_~..1i _ _ .,~-~ ~_~._~c'3.~ -, ~/ _~~ ~ ~ _ ~~~-~C,>- F 7eJC._1 ------ . ----- ------- -- -- ------'~-- C. - - ---. and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: Motion made by ___ _ __ _ _ ___ Date ___~ ~1 _~~_ _ ~~ Seconded by _~) _~t~. _> ___________ Voting Results ---- ---- hair signature ---_-~-_ 1s:-_~~~3:~.~~ /~ ... ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variance to Sign Regulations: From Section 12 Ordinance 1638 I move to authorize a variance to the sign regulations from the terms of this ordinance as it will not be contrary to the public interest due to the following unique special conditions not generally found within the City: _~'ie__~X!,~'L`-,~--~~~~'--~j__4! __/~~__ZhL"~~!"~oS~~v_fs'~~~ ~GS/iD~Y _A _~C~oh!~ __~L!~__~L~n~!n_~°--L.t/1~/_dl~_J~~!_!"%~'!1E2~~llf.L .~~~~~ ~~~y =--------- and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to this applicant • being: ~~ _/ 1 r ,~ and such that the spirit and intent of this ordinance shall be preserved and the general interests of the public and applicant served, subject to the following limitations: ~i_•ri-t _~~C _G..X_Lg~L~i _31 .1z ~.~ _S v7L+~ ~.~~.~~~Yr,~,`~`''~__Le~~~__ L -Tye-~~?__.1~!e~ 1y,e.1/_Js.-~ ~ S1~' tiA~ 6 ~v~~~!~~~I~G or lc°L~4 ~y sG~// H.~ e Mot ~on made by: ' _~ ~~ ~ ~1`~____~ /ss a~~~ ~ r/- Motion eco•nded by: ~_~~~~~~_________ ~ ' Voting ults: t- _ ~-p- - - ------------- Chair signature date • • NAN 1. 2. 3• 4. DATE ADDRESS /.,~~s = c c~csra~o~~ /~~prA~ S. 6. 7• 8. 9. lo. !l. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23• ~4. 25. ZONING BOARD OF ADJUSTMENT GUEST REGISTER