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Home My WebLink About11/05/1991 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS November 5, 1991 7:00 P.M. • MEMBERS PRESENT: Chairman Henry, Members Lane, Sawtelle and Alternate Member Kennady. MEMBERS ABSENT: Vice Chairperson Baker, Member Yarbrough, and Alternate Members DeOtte and Phinney. STAFF PRESENT: Senior Planner Kee, Staff Planner Kuenzel, Assistant City Attorney Coates and Planning Technician Thomas. (Council Liaison Gardner was in the audience.) AGENDA ITEM NO. 1: 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. AGENDA ITEM NO. 2: Approval of Minutes -Meeting of October 15, 1991. Mr. Sawtelle moved to approve the minutes of the regular meeting of October 15, 1991 as written. Mr. Lane seconded the motion which passed unopposed (4 - 0). AGENDA ITEM NO. 3: Consideration of a parking variance request at 105 Walton, East Gate Live Night Club to be located in the East Gate Shopping Center. Applicant is Katherine Garza. Staff Planner Kuenzel presented the staff report requesting to exceed the 25% limit of intense uses allowed in a shopping center. The applicant is requesting a parking variance to be allowed to put a nightclub in one lease space of the center, thereby exceeding 25% of the leasable space devoted to intense uses, without providing additional parking for the square footage in excess of 25%. The request is for a parking variance for 490 square feet, or 5% above the 25% maximum allowable for intense uses. The effect will be a variance of 10 parking spaces. The center is nonconforming in terms of number of parking spaces, parking and building setbacks, parking islands, and landscaping. The applicant proposes that this property is unique because of its "Downtown" quality and therefore has very little land surrounding it that is available for parking. There are similarities between a downtown area and this site. There are several differences, however, that should be noted: (1) Many downtown areas have paid parking available throughout the inner portions, as well as on the periphery, sometimes with public transportation from these lots to the businesses. (2) Most downtown areas are not as near to residential neighborhoods as this property. If parking demand exceeds the number of spaces provided, the overflow will occur onto residential streets. • (3) Many downtown businesses, including the Northgate area, receive a large portion of walk-in customers. Pedestrians are not as prevalent in this area. The intent of the parking requirements is to provide adequate and safe off-street parking for • customers, and to protect residential neighborhoods from an unusual amount of vehicles parked on their streets. The Board should consider the two major issues in this case; the impact on the surrounding residential neighborhood and the impact on surrounding businesses. Ten property owners within 200' of the property in question were notified of the variance request. Staff received four calls in opposition; two from surrounding tenants and two from surrounding property owners. Chairperson Henry opened the public hearing and swore in the applicant's representative, Fred Patterson. He suggested that the Board table the request after hearing all of the visitors, and give the applicant time to meet with the concerned property owners and tenants to see if some agreement could be reached. Mr. Patterson informed the Board that the proposed night club has completely opposite hours of the existing intense use, Daylight Donuts. The applicant is not associated with the previous East Gate Live establishment and is concerned with the appearance of the shopping center. All of the parking provided is publicly owned. The applicant feels that there is adequate parking provided and if there is any overflow parking, the shopping center located across Walton could be utilized. Gennie Saylak, owner of Executive Travel, approached the Board and was sworn in by Chairman Henry. She presented a letter that was signed by the tenants of the shopping center opposing the parking variance request. The concerns stated in the letter were as follows: • (1) Patrons of the previous East Gate Live created a disturbance to the rest of the tenants in the shopping center with their loud music rehearsals during the day. (2) Patrons of the previous East Gate Live would leave their cars in the parking areas overnight. (3) Patrons of the previous East Gate Live would leave broken beer bottles in front of the doors of the other businesses in the center. (4) Employees and patrons of the other businesses located in the center have difficulty parking in the mornings during the peak hours of Daylight Donuts. (5) Increased parking demands in the evening will conflict with Executive Secretarial Services, who rents professional office space at any time day or evening. (6) The East Gate Live "happy hour" at 4:00 pm every afternoon would conflict with the existing businesses m the center. • Dorthea Robinson, owner of the Robinson Veterinary Clinic, approached the Board and was sworn in by Chairman Henry. She expressed concern of the maintenance of the parking lot. The City maintains a portion and the property owner maintains a portion; however, the parking lot is always in need of repair. The applicant should have approached the tenants of the center prior to the meeting to get their input. Ms. Robinson stated that she realizes that the previous tenant was different; however, the use is the problem and not the owner. She agreed to meet with the applicant and adjacent tenants to see if a compromise could be reached. Joe Stovall, owner of Super Graphics, approached the Board and was sworn in by Chairman Henry. He informed the Board that he is not able to provide one parking space in front of his store in the mornings. Mr. Stovall stated that he does not object to a night club; however, the parking problem is existing, and adding such an intense use will only add to the problem. He agreed to meet with the applicant to see if an agreement could be made. ZBA Minutes November 5, 1991 Page 2 Marilyn Jarmush, owner of Daylight Donuts, approached the Board and was sworn in by Chairman Henry. She stated that there is a parking problem in the mornings during their peak hours of operation. However, there is activity m the shopping center at night that would be interrupted by the night club. Executive Travel has customers that use their office space after 5:00 gym, Daylight Donuts has deliveries at night and people baking at all hours, and Partners delivery is open until 1:00 am. She sees no harm in meeting with the applicant; however, the meeting will not solve the existing parking problem or the one created by the addition of a night club. Jim James, the applicant's attorney, approached the Board and was sworn in by Chairman Henry. He stated that the applicant wants to be a responsible neighbor and work with the surrounding property owners and tenants. Mr. James requested that the applicant have the opportunity to meet with the concerned tenants to see if some type of agreement could be reached. He suggested a contractual agreement between the applicant and the tenants to address any concerns. Mr. Kennady moved to table the parking variance request at 105 Walton, East Gate Live Night Club, until the next regularly scheduled meeting. He suggested that the tenants present receive notification of the second meeting and that the concerned tenants and property owners be present at the next meeting to voice their concerns. Mr. Sawtelle seconded the motion which passed unopposed (4 - 0). AGENDA ITEM NO. 4: Reconsideration of a previous denied sign variance request to allow a second freestanding sign to be located at 1401 F M 281 Doux Chene Apartments. Applicant is Al Roberts. This variance request was removed from the agenda prior to the public hearing. The applicant requested that all five Board members be present to consider the request. • AGENDA ITEM NO. 5: Consideration to reconsider a previously denied sign variance re nest to allow a second freestanding sign to be located at 411 Texas Avenue, AAA Defensive Driving School Applicant is Patncta Crawford. This variance request was removed from the agenda prior to the public hearing. The applicant requested that all five Board members be present to consider the request. AGENDA ITEM NO. 6: Other business. Assistant City Attorney Coates updated the Board of a previous inquiry to grant a variance with a particular use instead of granting a variance to run with the property. He stated that under Texas law, a variance can not be conditioned on the time or use of a business. A variance must run with the property. AGENDA ITEM NO. 7: Adjourn. Mr. Kennady moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Sawtelle seconded the motion which passed unopposed (4 - 0). 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