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HomeMy WebLinkAbout11/07/1995 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS November 7, 1995 7:00 P.M. LJ MEMBERS PRESENT: Chairman Birdwell and Members Rife, Poston and Sawtelle and Alternate Member Blackwelder. ' MEMBERS ABSENT: Member Hollas and Alternate Members Alexander and Ochoa. STAFF PRESENT: Staff Planner Dunn, Planning Technician Thomas, Senior Planner Kuenzel and Assistant City Attorney Shively. AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board. Chairman Birdwell called the meeting to order. AGENDA ITEM NO. Z: Approval of minutes from the meeting of October 17, 1995. Mr. Rife moved to approve the minutes from the meeting of October 17, 1995 as written. Mr. Sawtelle seconded the motion which passed unopposed (5 - 0). AGENDA ITEM N0.3: Consideration of a variance request to the rear setback, lot size and lot depth at 401 and 401 A Park Place, lot 1 and 15' of lot 2, block A of the College Park Subdivision. Staff Planner Dunn informed the Board that staff just received a memo from the legal department concerning the subject property. Staff has not had the opportunity to review the memo and incorporate the information into the staff presentation. Chairman Birdwell gave everyone a few minutes to read the memo presented by the legal department. Mr. Sawtelle expressed concern that the legal information was not presented to staff ahead of time so that they could prepare their best recommendation. He also expressed concern that staff may have been "blind sided" by this valuable information for both the staff and the Board. Mr. Rife moved to defer action on the proposed variance requests at 401 and 401 A Park Place to allow staff and the legal department time to resolve their differences. Mr. Sawtelle seconded the motion which passed unopposed (5 - 0). Chairman Birdwell suggested that the applicant work with staff to provide a better plat of the property that is easier to understand. Ms. Poston stated that showing the existing driveways will also help the Board in making a decision. Planning Technician Thomas informed the Board that the next scheduled Board meeting is November 21, 1995 at 7:00 p.m. AGENDA ITEM NO. 4: Consideration of a variance request tot he front setback requirements for the existing patio of the Wings 'N More Restaurant located at 1045 Texas Avenue. • Staff Planner Dunn presented the staff report and stated that as a part of the widening of Texas Avenue in the near future, the Texas Department of Transportation (TxDOT) has acquired an additional right-of- way area from the applicant. According to the right-of--way plat, the adjusted right-of--way amount varies from approximately 4' at the north property line to approximately 6' at the south property line. A patio deck is currently located 19' from the adjusted right-of--way line. Decks, slabs and other non-roofed structures are not required to meet building setbacks. However, in this case, the applicant wishes to have the option of eventually covering the entire patio deck, which would require a variance of 6' to the front setback. In the past, the Board has granted variance requests relative to adjusted right-of--way lines. On June 20, 1995, the Board granted sign variances to other businesses affected by the widening project. Other variance requests are expected to surface in the near future. Fourteen surrounding property owners were notified of the request with no response. Chairman Birdwell opened the public hearing. Terry Ann Wilcox of 3735 West Way Circle in Dallas approached the Board and was sworn in by Chairman Birdwell. She stated that the variance request is to allow them to remain in the same position as they were prior to the street widening. The patio could be covered at its present location if the street was not being widened. Ms. Wilcox stated that she is currently working with TxDOT on the right-of- way acquisition; however, the outcome of this meeting will determine the final negotiations with the state. Chairman Birdwell closed the public hearing. He stated that if a 25' setback is allowed and the government decides they want to widen the right-of--way, then the property owner should be allowed to reduce the setback requirement by that same amount. Mr. Rife moved to authorize a variance from Section 15, Ordinance Number 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: the TxDOT's Texas Avenue widening project will result in 3.99' to 6.01' being obtained by the state; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: the inability to develop and fully utilize the property as could have originally been done; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: the variance is limited to the amount obtained by the state which is presently estimated to 3.99' to 6.01'. Mr. Blackwelder seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 5: Other business. yy ~Gi~7~~~v ~~jt ~~3/ wJ Mr. Sawtelle stated that he felt very awkward tonight havingto defer action on the Park Place variance request. /l Assistant City Attorney Shively stated that when he does not receive the information in time, he cannot prepare adequately for a meeting. He stated that he has asked staff repeatedly and sent an electronic mail message to staff to hand deliver the information to him or make copies of the application when they are submitted three weeks before a meeting. Planning Technician Thomas informed the Board that she did receive the electronic message and staff will meet on Wednesday morning to try and resolve the communication problems between the two departments. Mr. Rife questioned staff as to the status of the issue concerning the rear setback requirements when there is a rear alley. Senior Planner Kuenzel informed the Board that staff took the issue to the Planning and Zoning • Commission for a recommendation and they voted against the proposed ordinance amendment reducing the rear setback area. ZBA Minutes November 7, 1995 Page 2 of 3 • AGENDA ITEM NO. 6: Adjourn. Mr. Blackwelder moved to adjourn the meeting of the Zoning Board of Adjustment. Ms. Poston seconded the motion which passed unopposed (5 - 0). APPROVED• airman, Dick Birdwell • AT la in; ~~ ZONING BOARD OF ADJUSTMENT • FORMAT FOR POSITIVE MOTION Variance from Section 15, Ordinance Number 1638. I move to authorize a variance to the yard (Section 8.T) lot width (Table A) of 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: ~ i x Dry `r's T~~ ~~ ~ ~ ~.~ ~, Motion made by ~ n Seconded by Chair Signature ~~.~... ~ - - t coo 3.~9~ 6 , o ~ Date _ I 1 T g~_ Voting Results ~~ YfI12P1638.DOC and because a strict enforcement of the provisions of ute orauiance wo~uci ie5ui~ u~ 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: Zoning Board of Adjustment ~J :~ Guest Register Date ~~ Name Address 1. 2. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.