HomeMy WebLinkAbout08/06/1996 - Regular Minutes - Zoning Board of Adjustments• MINUTES
Zoning Board of Adjustment
CITY OF COLLEGE STATION, TEXAS
August 6, 1996
7:00 P.M.
MEMBERS PRESENT: Chairman Rife and Members Sawtelle, Blackwelder, Alexander and
Alternate Member Anderson. (Alternate Member Taggart was in the
audience.)
MEMBERS ABSENT: Member Hollas and Alternate Member 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 Rife called the meeting to order and explained the functions of the Board.
AGENDA ITEM N0.2: Approval of minutes from the meeting of July 16,1996.
Mr. Sawtelle moved to approve the minutes from the meeting of July 16, 1996 as written. Mr.
Blackwelder seconded the motion which passed unopposed (5 - 0).
AGENDA ITEM N0.3: Consideration of a variance request to the sign regulations to allow the
modification of the existing freestanding sign located at 400 East university Drive, lot 3, block E of
the College Heights Addition. Applicant is Lonnie Stabler of Stabler Sign Co.
StaffPlanner Dunn informed the Board that the applicant is not present.
Mr. Sawtelle moved to table the variance request since the applicant is not present to address the Board
concerning the variance request. The motion died due to lack of a second.
Staff Planner Dunn presented the staff report and stated that the City's policy on nonconforming signs is
that they are allowed to remain as long as no changes are made to supporting structures. This means that
the face panel of a nonconforming sign may be changed or replaced, but the sign holder or "can" and its
supporting structure may not be changed without losing its nonconforming or "grandfathered" status.
The applicant proposes to replace the existing "UniRoyal" freestanding sign which is nonconforming in
terms of height and area. The work would involve removing the sign can only, and leaving the existing
poles and identification signs below it. Therefore, the replacement as proposed would cause the existing
sign to lose its nonconforming status. The following table illustrates the status of the sign in terms of
allowable limits required by ordinance, the existing sign, and the proposed replacement the applicant is
• requesting.
.7
Area Hei ht Setback
Current Ordinance Re uirement 100 s ft 4.5 ft * 13 ft
Ezistin Sin 203.91 ft 33.54 ft 9 ft
Pro osed Sin 159.19 ft 33.4 ft 13 ft
Variance Re uested 59.19 s 28.9 t none
* Table I of the sign ordinance establishes a ratio of sign height and setback. In other words, the greater
the height, the greater the required setback, and vice versa. Therefore, the applicant is requesting a
variance 59.19 square feet to the sign area and 28.9 feet to the sign height.
Staff Planner Dunn informed the Board that the applicant states that the necessary face panels are not
regular stock in the existing can size, and the owner is willing to lessen the size of the sign in order to
replace it. However, the Board must be aware that specific hardships and special conditions relative to
the particulaz property must be found and stated in order to grant a variance. According to case law,
such alterations are the only opportunity to eliminate nonconformity's and gain compliance to current
standards. A variance would go with the property and allow the sign to be replaced with a new sign of
the same dimensions. The following alternatives have been identified:
1. Leave sign as is. This alternative does not allow for the smaller sign; however, it also does
not rectify the nonconformity and allow the sign height and size to remain in perpetuity.
2. Replace with a custom face panel. Although a custom panel may be more expensive than
regulaz stock, it is offered as an alternative to the variance.
3. Remove or replace the entire sign with a new freestanding sign that meets current
requirements. Additional identification signage needed could be attached to the building.
Staff Planner Dunn stated that several variances have been granted to rectify nonconforming signs in the
Northgate area, particularly within the Albertson's Shopping Center. Special conditions cited in those
cases had to do with site visibility and the lack of adequate business identification. In 1975, the Board
granted a variance in order to replace the Pilger identification sign, which was erected beneath the
UniRoyal sign. However, at the time of the request, signage requirements consisted of 10' minimum
setbacks and one freestanding sign per premise. Thus, the variance rectified what was then
nonconforming under the previous ordinance. Minimum sign height and area standards were later
amended to the ordinance in the 1980's, thereby reinstating the sign's nonconforming status.
Approximately ten surrounding property owners were notified with one inquiry.
Chairman Rife opened the public hearing. Seeing no one present to speak in favor of or in opposition to
the variance request, he closed the public hearing.
Mr. Sawtelle informed the Board that they have been effective in working with various property owners
throughout the City to reconfigure their signs to come into closer compliance with current standards. He
gave examples from the intersection of University and Texas where variances were granted in which the
Board compromised with the applicant to eliminate the large existing, nonconforming signs.
Chairman Rife stated that he has a difficult time finding a hardship in this pazticulaz case. There do not
appeaz to be any visibility problems or any thing unique about this property that would justify the
requested variance.
Mr. Sawtelle moved to deny a variance to the sign regulations from Section 12, Ordinance number 1638,
from the terms of this ordinance as it will be contrary to the public interest, due to the lack of unique
special conditions not generally found within the City; and because a strict enforcement of the provisions
• of the ordinance would result in substantial hardship to this applicant, and such that the spirit and intent
of this ordinance shall be preserved and the general interests of the public and the applicant served. Mr.
Blackwelder seconded the motion which passed unopposed (5 - 0).
ZBA Minutes August 6, 1996 Page 2 of 3
AGENDA ITEM NO. 4: Other business.
• Chairman Rife requested the assistance of the Board members to help put together accomplishments of
the Board to present at the citizen's involvement banquet on August 27, 1996. Staff will work with the
Board to locate before and after pictures as well as some background information for such locations as
the University and Texas intersection, the Aggieland Credit Union in Northgate as well as areas in town
where variances were granted on sub-standard lots to allow single family development.
AGENDA ITEM NO. S: Adjourn.
Mr. Sawtelle moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Blackwelder
seconded the motion which passed unopposed (5 - 0).
;? -
A S~ ~
PI 'ng Tec 'cian, atalie Thomas
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ZBA Minutes August 6, 1996 Page 3 of 3
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•
ZONING BOARD OF ADJUSTNNiENNT
FORMAT FOR NEGATIVE MOTION
Variance to Sign Regulations: From Section 12, Ordinance Number 1638.
I move to deny a variance to the sign regulations from the terms of this ordinance as it
will be contrary to the public interest, due to the lack of unique special conditions not
generally found within the City: '
and because a strict enforcement of the provisions of the Ordinance would not result
in substantial hardship to this applicant, and such that the spirit and intent of this
ordinance shall be preserved and the general interests of the public and the applicant
served.
Motion made by
Motion Seconded by
Voting Results
Chair Signature
Date
SRN! 638.DOC
Zoning Board of Adjustment
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