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HomeMy WebLinkAbout06/16/1998 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS June 16, 1998 6:00 P.M. MEMBERS PRESENT: Chairman Hollas, Blackwelder, Warren, Alexander, Alternate Member Hill (Alternate Member Happ was in audience) MEMBERS ABSENT: Alternate Member Py:tle STAFF PRESENT: StaffPlanner Battle, Senior Planner McCully, Planning Intern Nixon, Assistant Development Coordinator Ruiz and Assistant City Attorney Robinson. • AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board. Chairman Hollas called the meeting to order and explained the functions of the board. AGENDA ITEM NO. 2: Approval of minutes from meeting of May 19,1998. Mr. Alexander made a motion to amend page 10, last sentence on item 7. Mr. Blackwelder voted against the item not Mr. Alexander. Mr. Hill seconded the motion to amend the minutes which passed unopposed (5-0). Mr. Blackwelder made the motion to approve the minutes as amended and Ms. Warren seconded the motion which passed unopposed (5-0). AGENDA ITEM N0.3: Consideration of a variance for an off premise sign at FM 2818, lot 1, block 1, Crystal Park Subdivision. Applicant is Karbrooke, Inc. for Hartland Bank Staff Planner Battle presented the staff report and stated that the applicant is requesting to construct an off-premise monument sign to identify the location of Hartland Bank in Crystal Park Plaza. There is a private access drive that connects Crystal Park Plaza to FM 2818 through the subject property. The subject property is currently vacant and was at one time being prepared for the construction of a freestanding bank facility. The lot was platted and rezoned a few years ago. Hartland Bank wants to place a 4' x 8' monument sign on FM 2818 at the access entrance. Since this property is platted • separately and would be a different building plot, this would be anoff-premise sign, which is prohibited by the zoning restrictions. The applicant states that there is no signage for Crystal Park Plaza tenants and the bank is not visible. The following alternatives have been identified: ZBA Minutes June 16, 1998 Page 1 oj4 1) Crystal Park Plaza is allowed one free standing sign that could be used to display signage for tenants. 2) Attached signs on the building would also be allowed. • 3) Crystal Park Plaza could remove the existing freestanding sign and add any number of low profile signs, provided that all signs maintain a minimum separation of 150'. The Zoning Ordinance limits signage in order to prevent the "proliferation of signs [that) create commercial confusion and make it difficult for travelers to locate goods and services they seek." The Board denied a variance request for Plitt Theaters to place a theater sign on the Post Oak Mall Highway 6 frontage on August 18, 1981. The request came before the mall was constructed, and at that time, the theater was to be constructed as a part of the mall development project, but was to be located across Holleman Drive on a separate tract instead of in the mall. Chairman Hollas opened the public hearing for those wanting to speak in favor of the request. Tom Auginbaugh of 1036 Rose Circle, and the Branch Manger of Hartland Bank stepped to the podium and was sworn in by Chairman Hollas. Mr. Auginbaugh stated that under the current lease they can not have signage on the building and told the Board that it is hard for the customers to find the bank or the Plaza. Mr. Auginbaugh described to the Board the planned low profile sign. Mr. Auginbaugh further added that the main entrance to the bank is on FM 2818 and there is no other signage at that location. All of the bank customers use FM 2818 to access the site. Scott Eidson, owner and applicant of 2005 Indian Trail stepped to the podium and was sworn in by Chairman Hollas. Mr. Eidson explained to the Board that it is technically two properties that adjoin and • they would function together. Mr. Edison added that off site sign restrictions are intended to address billboards and that granting this variance is not against the intent of the Ordinance. Mr. Eidson continued by saying that the City should help and encourage the Bank to grow in the community. The majority of the tenants use the access easement off of 2818. Mr. Eidson ended by stating that when the property does develop they would like to incorporate this sign with any new tenants and keep Hartland Bank on the sign. Ms. Warren asked why not enlarge or remove the existing sign. Mr. Eidson responded that they prefer not to because the Plaza lot only has frontage on Highway 6 and the goal is to have signage on 2818 for both tracts. Mr. Eidson further added that signage on the building is not preferred because of the design of the building and they do not want to see the building cluttered with signs. Chairman Hollas asked if there was anyone to speak against the request. With no one stepping forward, Chairman Hollas closed the public hearing. Discussions among the Board Members took place. Chairman Hollas stated that if the owner is willing to forego his sign rights in the future, that's his choice and they are entitled to another sign anyway when the property develops. Mr. Blackwelder & Ms. Warren concurred. Mr. Hollas further added that there are access points on different roadways similar to the Willow Branch request and the Board allowed them to have an second sign. In this case, the primary access point is from 2818; and, if the sign is placed on the Plaza property it could not be seen from 2818. • ZBA Minutes June 16,1998 Page 2 oj4 Ms. Warren stated that there are other alternatives available to this applicant. The visibility issue is really between the owner and the tenants and it is not the Board's role to meet the tenant's advertising needs. Ms. Warren concluded by saying the owner has alternatives available to him to meet those • needs. Mr. Alexander moved to authorized 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 withing the City: common ownership of the two tracts of land and the main entrance to Crystal Park Plaza has shifted from Hwy 6 to FM 2818 and because a strict enforcement of the provision of the ordinance would result in substantail hardship to this applicant being: the proxomity of the chruch blocks adequate visibility of Crystal Park Plaza from Hwy 6 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: the sign is constructed per specs submitted to the Board by applicant as to height and area. Mr. Blackwelder seconded the motion for approval. Mr. Blackwelder expressed concerns about granting off-premise signs in general. Ms. Warren asked what if other tenants come in wanting a sign. How would the size, etc. be determined. Ms. Warren stated that the owner is choosing to put himself in this position. Chairman Hollas asked will this sign take the place of a sign once it is developed, and can the Board grant this sign in lieu of another sign. Ms. McCully replied that if the Board granted this variance, the sign could be made available for any future advertisements. Ms. Robinson said that limiting the variance • to a particular tenant, etc. may not be enforceable. Ms. McCully offered an alternative of defining both lots as 1 building plot and granting a variance to allow a second freestanding sign. If so, we would have to renotify surrounding property owners again. Ms. Robinson stated that she can look into the issue of conditions placed on a variance for this sign. Chairman Hollas asked Mr. Eidson if it would be alright to table this request to give Ms. Robinson time to research what the ramifications of the Board's decision would be. Mr. Eidson replied it would be alright to table this item. The motion to approve was removed. Mr. Hill made the motion to table and Mr. Alexander seconded the motion. Ms. Warren and Mr. Blackwelder voted against tabling the item. (3-2). AGENDA ITEM NO. 4: Consideration of a variance to the side street setback at 1506 Concord Circle, lot 4 block 26 of the Woodcreek Section 9 Subdivision. Applicant is Husfeld Homes, Inc. Staff Planner Battie presented the staff report and stated that the applicant is requesting a variance to the side street setback to legitimize an encroachment of the garage into the side street setback. The Zoning Ordinance requires a 15' side street setback for houses. However, it also requires a 20' side street setback for garages. The 20' is intended to allow for enough room to park a car in the driveway • without it extending into the ROW. The site plan for this house was permitted showing a 15' side street setback for the house and garage. This created a 5' encroachment by the garage. ZBA Minutes June 16, 1998 Page 3 oJ4 The applicant is asking fora 5' variance to the required 20' side street setback for a garage. The applicant states that he thought he was in compliance with the setback requirements when construction • began. It was not until after the structure was in place that the encroachment was discovered. The applicant further states that the existing encroachment could hinder future sale or modifications of the home. Building setback requirements usually allow for some degree of control over population density, access to light and air, and fire protection. These standards are typically justified on the basis of the protection of property values. The Board approved a similar request May 4, 1993. A permit was issued allowing a 15' setback for a garage accessing a side street. However, the error was detected before construction. The Board granted a 2' variance to allow construction of the garage. The conditions and hardship in this case were due to the irregular shape of the lot and interference of an existing drainage structure. Chairman Hollas opened the public hearing and asked if anyone wanted to speak in favor of the request. No one stepped forward. Chairman Hollas asked if there was anyone to speak in opposition to the variance and no one stepped forward. Chairman Hollas closed the public hearing. Mr. Hill moved to deny a variance from Section 15, Ordinance Number 1638 to the minimum setback from the terms of this ordinance as it will be contrary to the public interest due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in • unnecessary hardship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Blackwelder seconded the motion which passed unopposed (5-0). AGENDA ITEM NO. S: Other Business No other business was discussed. AGENDA ITEM NO. 6: Adjourn Mr. Blackwelder made a motion to adjourn the meeting of the Zoning Board of Adjustment. Ms. Warren seconded the motion which passed unopposed (5-0). APPROVED: Chairman, Stephen Hollas ATTEST: • a Assistant, Deborah Grace ZBA Minutes June 16, 1998 Page 4 of 4 Zoning Board of Adjustment • i• i• Guest Register ~~ `'~ Date Name Address 1. 2. 3. 4. 5. - 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION Variance from Section 1S, Ordinance Number 1638. I move to deny a variance to the yard (Section 8.~ lot width (Table A) lot depth (Table A) minimum setback parking requirements (Section 9) from the terms of this ordinance as it will be contrary to the public interest due to the lack of. any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done. Motion made by ~ e 5 I ~ '~ l7 ~ ~ ~ Date ~ - ~ ~ - ~g Seconded by S r e ~ (ac ~c w e i ~ e~ Voting Results S' D Chair Signature v,~vi ss8.~oc • ZONING BOARD OF ADjUSTMF.NT , FORMAT FOR POSIfiTVE 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: Z 1 „~~ ~~ /rte Cti n [U ~ ' 4 J ,,., ~ ~~~ _ _h 4~_~_ ^~_~ 1~ _ ~c.. .fir ~ .1, ~'/~' and because a strict enforcement of the provisions of the ordinance would result in sub stantial hardship to this applicant being: f G~ '~ /~ ~ C>>C i Yom-. ~ ~ .~ ~ ~~ ~ ~r F / f ~' !: t.~ ~" ~ !-, J~ ~) ~G ~ it' .C' ~~ L 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: Motion made by Motion Seconded by _ ', ~ " ~~ -~T-.---~.-...~~.- _---- . ---- -- Voting Results _....__.. ~ ,~~~~~._~ ~__~__-_ __._.__ ~, Chair Signature _~___ ___ _ _ __ __.__ _ ___._.___~ Date SRF'1638. DCK' iw