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HomeMy WebLinkAbout09/03/1991 - Regular Minutes - Zoning Board of Adjustmentsr~ U M I N U T E S Zoning Board of Adjustment Workshop Meeting CITY OF COLLEGE STATION, TEXAS September 3, 1991 5:30 P.M. • • MEMBERS PRESENT: Chairman Henry, Vice Chairperson Baker, Members Lane, Sawtelle and Yarbrough, and Alternate Member DeOtte. MEMBERS ABSENT: Alternate Members Phinney and Kennady. STAFF PRESENT: Staff Planner Kuenzel, Assistant City Attorney Coates, Planning Technician Thomas, Senior Planner Kee, Development Coordinator Volk, and Assistant to the City Engineer Morgan. ArRNnA TTFM Nn_ ~~ Introduction - The role of the Zoning Board of Adjustment in the implementation of the Zoning Ordinance. Staff Planner Kuenzel informed the Board that the Zoning Board's sole reason for being is the Zoning Ordinance. When a Zoning Ordinance is adapted or amended, it is always done with the realization that not all of the pieces of land located within the boundaries of a city are created equally. This Board is empowered to make decisions as to how the ordinance is applied to certain proposals. She outlined the three types of cases encountered by the Board: variance, special exception and appeal of the decision of the Zoning Official. A~RNnA jTF.M H~_ ~~ Legal Issues - Review of Robert's Rules and the powers of the Board. Assistant City Attorney Coates explained that the Zoning Board of Adjustment takes its authority to act from Chapter 211 of the Texas Local Government Code. The Code provided that the Board may hear and decide appeals that allege an error in an order, requirement, decision or determination of an administrative official in the enforcement of a zoning ordinance, in our case the Zoning Official. He further explained the requirements of the Board to hear and decide special exceptions, variance requests and appeals of a decision of the Zoning Official. Assistant City Attorney Coates reviewed Rnhart'[ R„la~ of nr~a~ pertaining to parliamentary procedure and defined the three types of motions. He concluded by presenting several case histories including various issues pertaining to a Zoning Board of Adjustment. • A(' NnA TTF:M Nn_ ~~ Board Decisions - Standards and findings to support decisions. Staff Planner Kuenzel elaborated on the purpose, general conditions, hardships and special privileges associated with variance requests, special exceptions and interpretation appeals. ~FNi~A ITEM Nn. a~ Future Cases - Pending amendments to the Zoning Ordinance. Staff Planner Kuenzel informed the Board of proposed ordinance amendments such as the University Drive recommendations to create a Commercial Business, C-B District and an Overlay District. A(`Fxn TTFM Nn_ ~~ Moot Cases - Presentation and discussion of hypothetical situations. Because of the regularly scheduled Zoning Board of Adjustment meeting at 7:00 pm, the Board was unable to review any of the hypothetical situations presented by Staff Planner Kuenzel. U • APPROVED: ~~%~ Chairma Brett Henry ATTEST: Planni g Technician, Natalie Thomas ZBA Minutes September 3, 1991 Page 2 r~ M I N U T E S Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS September 3, 1991 7:00 P.M. C~ • MEMBERS PRESENT: Chairman Henry, Vice Chairperson Baker, Members Lane, Sawtelle and Yarbrough. MEMBERS ABSENT: Alternate Members DeOtte, Phinney and Kennady. STAFF PRESENT: Staff Planner Kuenzel, Assistant City Attorney Coates and Planning Technician Thomas. Ac;FNnA TTRM Nn. ~~ Call to Order - Explanation and Functions of the Board. Chairman Henry called the meeting to order and explained the functions and limitations of the Board. Ac;FNnA TTF.M Nn. ~~ Approval of Minutes - Meeting of July 16, 1991. Ms. Baker moved to approve the minutes of the meeting of July 16, 1991 as written. Mr. Sawtelle seconded the motion which passed unopposed (5 - 0). Ar,FNnA TTFM Nn_ '~~ Consideration of a variance request to the setback requirements for a subdivision sign to be located at the entrance to Emerald Forest Subdivision on the Bypass. Staff Planner Kuenzel presented the staff report requesting the relocation of the existing subdivision sign. The sign will be located in the median at the entrance to the subdivision. The applicant claims that a hardship exists due to the poor visibility of the sign that will result in increased traffic through the subdivision. Alternative locations exist that would comply with the ordinance and be visible to traffic. Six property owners were notified of the variance request with eight responses prior to the meeting. Chairman Henry opened the public hearing. Ardy Davis of 8907 Driftwood approached the Board and was sworn in by Chairman Henry. He presented pictures of the proposed sign and the existing entrance signs explaining that the signs would be similar in materials and design. Lighting would not be installed initially; however, there may be a need for lighting in the future. Ballots were sent to the residents of the subdivision and the response to the proposed sign was favorable. • David Fisher of 2007 Pebblestone Court was sworn in by Chairman Henry. He was concerned with the insurance liability of having a sign placed in a median and the possibility of creating a traffic hazard. The subdivision already has two signs and a third sign would be unnecessary. The variance request is against his interests as a homeowner. • Roger Feldman of 8502 Athens was sworn in by Chairman Henry. He explained that he was an active member of the homeowner's association and worked with the residents on the voting of an additional sign. The response was overwhelmingly in favor of the proposed sign. Chairman Henry closed the public hearing. Mr. Lane stated that with the increased traffic generated from the F M 2818 extension, safety is a major issue. He suggested that the sign be lit from both front and rear. Mr. Sawtelle moved to authorize a variance from Section 15, Ordinance 1638, 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: existing sign is not visible due to realignment of Emerald Parkway and entrance by the City upgrade of entrance road to subdivision and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being nonvisibility of existing sign from relocated entrance and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: the existing sign be removed and the new sign include exterior lighting to include front and rear. Ms. Yarbrough seconded the motion which passed unopposed (5 - 0?. AaRNnn TTRM tJn_ a~ Consideration of a variance request to allow a second freestanding sign to be located at 2405 Texas Avenue South, Commerce National Bank. Staff Planner Kuenzel presented the staff report requesting a variance to allow a second sign. The applicant proposed that the fact that access can be taken from two streets may constitute a special condition. The applicant has stated that the access is not being taken off of Southwest Parkway because travelers on that road do not know that the drive leads to Commerce National. An alternative would be a directional sign limited to four feet in height and three square feet in area. Earlier this year, the ZBA granted a second sign at the First American Bank building on University. Seven property owners within 200' of the subject property were notified with no response. Chairman Henry informed the Board that they should keep in mind the intent of the ordinance and the development of the adjacent property. The Board should make sure that the proposed sign will not clutter or limit the development of the adjacent property in some way. Chairman Henry opened the public hearing. ZBA Minutes September 3, 1991 Page 2 • Mike Melton, representative of Commerce National Bank, was sworn in by Chairman Henry and informed the Board that the proposed sign would help clarify the entrance to the bank and help distinguish the entrance from the Southwest Savings entrance. A smaller directional sign would not serve the purpose of the bank building. Chairman Henry closed the public hearing. Mr. Sawtelle moved authorize a variance from Section 12, Ordinance 1638, 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 and special conditions not generally found within the City; not all businesses enjoy multiple access from several high traffic streets and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to the public interest being; that it would relieve traffic friction on Texas Avenue 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: that the second sign be limited to low profile guidelines as established by the City of College Station. Ms. Yarbrough seconded the motion which passed unopposed (5 - 0). A(;FNflA TTFM Nn_ ~~ Consideration of a variance request to the rear setback requirements at 1401 Glade. • Staff Planner Kuenzel presented the staff report requesting a 13' setback instead of the required 20'. This property backs up to a creek with a park beyond it. It is unlikely that a structure would be built in proximity to the proposed structure. The applicant claims that a hardship is the topography of the lot and the adjacent City park. Thirteen property owners within 200' of the proposed property were notified with four responses. Chairman Henry opened the public hearing. Jay Burch of 4221 Warwick approached the Board and offered to answer any questions. Chairman Henry closed the public hearing. Ms. Yarbrough stated that the house is built back 30' in the front instead of the required 25', limiting the area in the rear. The property is also unique in that it has a creek located in the back. Ms. Baker moved to authorize a variance from Section 15, Ordinance 1638, to the minimum setbacks from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: topography of land and existing public park prevents any further construction and thus preserves the intend of the ordinance and because a strict enforcement of the provisions of the ordinance would result i • such that the spirit substantial justice done. unopposed (5 - 0). n unnecessary hardship to this applicant and of this ordinance shall be observed and Mr. Lane seconded the motion which passed ZBA Minutes September 3, 1991 Page 3 • AC;FNflA TTF.M Nn_ ~ ~ Other business . Planning Technician Thomas informed the members that the Board needed to select a Chairperson and Vice Chairperson for the new year. The Board decided to re-elect these two positions at their next meeting. ArFNnA TTRM Nn_ 7. Adjourn. Ms. Yarbrough moved to adjourn the meeting of the Zoning Board of Adjustment. Ms. Baker seconded the motion which passed unopposed (5 - 0). APPROVED: ~~~ Chairman ATTEST: • Planning Technician, Natalie Thomas • Brett Henry ZBA Minutes September 3, 1991 Page 4 ZONING BOARD OF ADJUSTMENT M • yard (Section 8.T) lot width (Table A) lot depth (Table A) FORMAT FOR POSITIVE MOTION Variance from Section 1 S, Ordinance Number 1638. I move to authorize a variance to the ~ minimum setback parking requir ments (Section 9) / ~ ~ / ~~^ ~c ~ from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: ~ ` .r 1 1 G/ ~fl and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: .. (/~ SlOs.7 e and such that the spirit of this ordinance shall be observed and substantial justice done ~js/~ubject to the following limitations ,, T Y T ~ I^, ~ ~., ~ .. t j r ~.- ~..__. ,~ Motion mad Date Seconded by Voting Results ~, ~ r ^7' Chair Signature Vf1RP1638.DOC ZONII~TG BOARD OF ADJUSTMENT FORMAT FOR POSITNE MOTION • Variance to Sign Regulations: From Section 12, Ordinance Number 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: -ai w and because a strict enforcement of the provisions of the grcii~ance, would result in substantial hardship to t~-~p~kcaa~being: -t~h ~ ~ / 4 ![ r~ c, (r1`t ~--~c t T, 11 ' - ~... , 5 e ~ Ta- ~ I r C Gt P ~ ~J ~/ Tel e- G'-' l'T ``r~ a , 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: 'Tr'y I n r u /~ v~ n ~ ~- r~ ~~ ~ ~ ~ ~ 1 'l t° ~ . ~."~ Motion made by c~-"''=~~r ~- ~ f `~ ~ d' :7 Motion Seconded by ! ' ~~, Voting Results 5 - ~ Chair Signature / Date G~ SRP1638.DOC ZONII~iG BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variance from Section 15, Ordinance Number 1638. r~ I move to authorize a variance to the yard (Section 8.7) lot width (Table A) lot depth (Table A) minimum~setback 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: r ~~,,~ , and use= :~~strict enf ent of"~ ..provistbns of the ordinance ould result in unnecess to this -a licant--bcins: andcst~c~ ~tkiaf ~i~e~s ink' ordi ance shall be observed and substantial justice dF~3te'~~bje~the o owing limits i Motion made by Date • Seconded by Voting Results Chair Signature Y~4RP1638.DOC ZONING BOARD OF ADJUSTMENT GUEST REGISTER • GATE l ADDRESS 3. 4. 5. 6. 7. 8. 9. lo. 11. • 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. ~4. 25.