HomeMy WebLinkAbout12/01/1992 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
• Zoning Board of Adjustment
CITY OF COLLEGE STATION, TEXAS
December 1, 1992
7:00 P.M.
MEMBERS PRESENT: Chairperson Baker, Members Sawtelle, and DeOtte and
Alternate Member McKean.
MEMBERS ABSENT: Members Birdwell and Gaston and Alternate Members Phinney,
Davis and DeLoach.
STAFF PRESENT: Planning Technician Thomas, Develo ment Coordinator Volk
and Assistant City Attorney Coates. Council Liaison Hubbard
Kennady was in the audience.)
AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board
Chairperson Baker called the meeting to order and explained the functions and limitations
of the Board. She informed the applicant that only four members were present and that it
• would take a majority vote, three out of the four present in order to grant the appeal.
AGENDA ITEM NO. 2: Approval of minutes from the meeting of November 10, 1992.
Mr. Sawtelle moved to approve the minutes from the meeting of November 10, 1992 as
corrected by Mr. DeOtte. Mr. DeOtte seconded the motion which passed unopposed (4 -
0).
AGENDA ITEM NO. 3: Approval of minutes from the meeting of November 17, 1992.
Mr. Sawtelle moved to approve the minutes from the meeting of November 17, 1992 as
written. Mr. DeOtte seconded the motion which passed unopposed (4 - 0).
AGENDA ITEM NO. 4: Public hearing to consider an appeal of a decision to consider
flying squirrels to be wild animals.
Development Coordinator Volk stated that Ms. Haislet has requested to not classify flying
squirrels as wild animals. Executive Director for the Brazos Animal Shelter Kathryn Bice
determined that flying squirrels are indeed wild animals. The definition of wild animals
according to city ordinance #1970 states, "all undomesticated animals including, but not
limited to, any form of lions, tigers, bears, wolves, apes, foxes, baboons, and all forms of
poisonous reptiles, skunks and squirrels". The ordinance also prohibits the keeping of wild
animals within the city limits.
Executive Director for the Brazos Animal Shelter Kathryn Bice approached the Board and
stated that many pet stores are anxious to know if they can sell flying squirrels to
• Bryan/College Station residents. The flying squirrels are native to North America and
prolific in East Texas and Louisiana. Because they are a member of the rodent family, they
have a low risk of carrying rabies. The saliva glands of the rodent family are further back in
the mouth so that it is less likely for them to transfer rabies.
Sammy and Marion Neal of the Critter Crossing pet store in Bryan approached the Board
and were sworn in by Chairperson Baker. The USDA recently issued an exotics permit to
• the pet store. Mr. and Ms. Neal stated that the USDA has established a definite distinction
between wild and exotic animals; however, they are not familiar with the criteria used. The
definitions are probably based on whether or not the animal can be tamed or domesticated.
The USDA department in Dallas told Mr. and Mrs. Neal that flying squirrels are considered
rodents and not wild animals.
Ms. Bice stated that in the USDA documents that she has read, flying squirrels are classified
as wild animals. She stated that the USDA is mainly concerned with interstate commerce
and not necessarily local classifications. Cities are allowed to have stricter guidelines. Ms.
Bice concluded that her decision is not based on the USDA classification.
Mr. McKean asked how prevalent the flying squirrel market is in Bryan/College Station.
Ms. Neal stated that they currently have a waiting list. There are at least three breeders in
Texas and there is a book out about flying squirrels written by the top breeder and flying
squirrels are currently selling in Japan as pets.
Mr. DeOtte questioned Council Liaison Kennady about the reasoning behind having
squirrels listed specifically in the ordinance as wild animals.
Mr. Kennady stated that the City Council had a long discussion about this specific section of
the ordinance and decided not to consider ferrets wild animals. However, he is not sure why
squirrels are listed specifically as wild animals. Mr. Kennady explained that his concern is
that the City Council has reviewed this ordinance recently; and, if changes should be made,
they should be made to the ordinance.
• Mr. DeOtte expressed concern that the ordinance states that all squirrels are wild. The
ordinance specifically prohibits what the applicant is requesting.
Mr. Sawtelle asked the Board if a definition from the USDA would make any difference in
their decision.
Mr. DeOtte stated that the Board should request that the City Council reexamine the issue
and determine why squirrels were specifically listed in the ordinance as being wild animals.
The Board does not have any latitude in this particular case and the current ordinance does
not leave any room for interpretation or decision.
Assistant City Attorney Coates stated that the applicant can appeal the Board's decision to a
court of law or try to change the ordinance through the City Council.
Applicant Mary Haislet approached the Board and was sworn in by Chairperson Baker. She
stated that she has owned the squirrels for over a year. Upon being hired at the Brazos
Animal Shelter, she moved the flying squirrels to a location in Bryan so as not to be in
violation of any ordinances. Ms. Haislet offered to answer any questions pertaining to the
request.
Assistant City Attorney Coates stated that if the Board approved the request, they should
identify which particular species of flying squirrels is being allowed. If the appeal is
approved, anyone else who wants to own or sell that particular type of species, could do so.
Mr. Sawtelle moved to uphold the decision or interpretation made by the Animal Control
• Official in the enforcement of Section II, A13, of Chapter 2 of the Code of Ordinances, as
the decision or interpretation meets the spirit of this ordinance and substantial justice was
done. Mr. DeOtte seconded the motion which passed unopposed (4 - 0).
ZBA Minutes December 1, 1992 Page 2
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Mr. DeOtte encouraged the applicant to pursue the issue and request that City Council
review the current ordinance. He asked Mr. Kennady to look at the current ordinance and
the lack of latitude given to the Board in making interpretations or decisions.
AGENDA ITEM NO. 5: Other business.
There was no other business.
AGENDA ITEM NO. 4: Adjourn.
Mr. Sawtelle moved to adjourn the meeting of the Zoning Board of Adjustment. Mr.
McKean seconded the motion which passed unopposed (4 - 0).
Planni g echnician, atalie Thomas
ZBA Minutes December 1, 1992 Page 3
•
ZONING BOARD OF ADJUSTMENT
•
FORMAT FOR MOTIONS
APPEAL OF ANIMAL CONTROL OFFICIAL'S INTERPRETATION -From Chapter 2 of
the College Station Code of Ordinances
I move to uphold the de~io~ 02 interpretation made by the Animal Control Official in the
enforcement of Section 11- ~f ° > of this ordinance, as the decision or interpretation meets the
spirit of this ordinance and substantial justice was done.
Motion made by
Seconded by
Chair Signa
Date ~ 2 / ~ /_ f ~"
Voting Results ^
WHEN RULING NOT TO UPHOLD THE DECISION OR INTERPRETATION MADE
BY THE ZONING OFFICIAL, USE THE FOLLOWING FORM:
1 move to interpret Section of Ordinance 1638 in the following manner:
Motion made by
Seconded by
Chair Signatur~,,
Date
Voting Results
FORMSWNIMALDOC
12/92
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