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HomeMy WebLinkAbout07/20/1999 - Regular Minutes - Zoning Board of AdjustmentsMINUTES • Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS July 20, 1999 6:00 P.M. MEMBERS PRESENT: Chairman Alexander, Murphy, Happ, Hill & Bond. MEMBERS ABSENT: Alternate Members Lewis, Bailey & Searcy. STAFF PRESENT: Senior Planner McCully, Staff Assistant Grace, StaffPlanner Anderson, Assistant City Attorney Nemcik. Assistant City Attorney DeCluitt, Transportation Analyst Hester AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Alexander called the meeting to order and explained the functions of the Board. AGENDA ITEM NO. 2: Approval of minutes from July 6, 1999 meeting of the Board. Mr. Murphy made the motion to approve the minutes as written. Mr. Hill seconded the motion. Mr. Rond abstained from voting on the minutes since he was not in attendance at that meeting. The minutes were approved (4-0-1). AGENDA ITEM N0.3: Consideration of a variance request for the pavement to be 2'6" from property line and a variance to encroach 515 sq. ft. into the 24' landscape reserve at 1721 Texas Avenue South. Applicant is Joey Dunlap. Ms. Anderson stepped before the Board and presented the staff report. Ms. Anderson told thr; Board that the applicant is requesting the variances to allow a redevelopment of an existing site. The applicant is currently in the site plan process to demolish the current Exxon station and replace it with a Speedy Stop gas station and convenience store. The applicant is proposing to have enough space to allow two cars to pass throughout the site. However, the applicant feels the site is too small for such design without requested variances. The applicant offers that without the variance the site would not be able to have a double lane for passing while one car is fueling. The applicant also states the variances would allow a fuel tanker to ingress and egress the site. Variance Information Pavement within 6' of right-of-way -The ordinance prohibits pavement to be located within 6' of the right-of--way. On the south side of the property, the applicant proposes to install pavement 2.5' from the property line. The proposed pavement is located within the 6' setback. Encroachment into landscape reserve -Within the twenty-four foot (24') landscape reserve setback, paved areas that are not arranged as parking spaces are permitted, but at a maximum of 1134 sq. ft. and only if the area is screened. The applicant proposes to encroach into the landscape reserve located on the south side of the property by a total of 1649 sq. ft. ZBA Minutes July 20, 1999 Page 1 of 4 Chairman Alexander opened the public hearing and asked for anyone wanting to speak in favor of the request to step forward. • Cliff Thomas, President of Speedy Stop Food Stores stepped forward and was sworn in by Chairman Alexander. Mr. Thomas handed the Board Members a copy of the site plan. Mr. Thomas spoke about this site being one of, if not, the highest traffic corner in the city. Mr. Thomas stated that 6 fueling stations is the minimum to handle the customers. Mr. Thomas ending by saying that the width of the drive is needed to get the fueling transport out as well has for safety reasons. Mr. Bond referred to the site plan showing the fuel tanker. Mr. Bond asked what would the handicap be if the variance were not granted for the drive. Mr. Thomas replied that it would be a handicap for the driver of the tanker. The variance would allow the driver to maneuver more smoothly. Mr. Hill asked Mr. Thomas since this is a busy intersection, did he feel like putting this type facility in it would cause a problem both intersection and business. Mr. Thomas spoke about a protected light at each entranceJexit and they do not feel that it will be a safety problem. Mr. Hill asked Mr. Thomas if it would be reasonable to designate the Harvey Road driveway as entrance only. Mr. Thomas stated that he would consider anything but that is not his real big concern. Mr. Thomas stated that he is more concerned about passing two cars in the landscaped area. The Board called for Mr. Hester, Transportation Analyst to the podium to offer his summary of the location. Mr. Hester stated that due to the medians on both Texas Avenue and Harvey Road they would operate as right in, right out anyway. Mr. Hester told the Board that he does not know what there is now, but at this particular site the minimum of 20-foot passage would be sufficient and that • would also depend where the cars park at the gas islands. Mr. Hester added that staff would like to see the double passage for circulation on the site. Mr. Dill asked Mr. Hester if he thought that the design proposed had adequate space for the traffic that will come into the facility. Mr. Hester answered that most of the traffic will be entering off Harvey Road as a right in. The only time that the property would be exited onto Harvey Road would be when someone took a right out onto Harvey and a right at the light. Chairman Alexander called for anyone wanting to speak in opposition of the request. With no one stepping forward Chairman Alexander closed the public hearing Mr. Happ made the motion to authorize a variance to the minimum setback (encroachment) and the parking requirements (Section 9) from the terms of this ordinance as it will not be contrary to the public iT~~erest, due to the following special conditions: the variance would improve the design permitting optimum use of the commercial property without restricting traffic flow; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: unable to design a facility that would optimize the use of the property and permit safety in traffic flow and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Murphy seconded the motion, which passed unopposed (5-0). • ZBA Minutes July 20,1999 Page 2 oj4 Agenda Item No. 4: Consideration to remove from table and rehear parking variance request at 502 Harvey Road. Applicant is Blake Brown - Rudy's Bar-Be-Que L.L.C. • Mr. Hill made to motion to remove and rehear. Mr. Murphy seconded the motion. Mr. Bond abstained from voting since he was not at the meeting when the item was tabled. The item passed and was removed from the table to rehear (4-0-1). Agenda Item No. 5: Consideration of a parking variance for 502 Harvey Road. Applicant is Blake Brown - Rudy's Bar-Be-Que L.L.C. Senior Planner McCully stepped before the Board and presented the staff report. Ms. McCully stated that the applicant is requesting the variance to build a new restaurant that would allow for redevelopment in compliance with the Wolf Pen Creek Plan. This is the fourth restaurant to locate in the Wolf Pen Creek Comdor along Harvey Road. The three others, which have opened recently, are Sonic, Konas Steakhouse and Johnny Carinos. Unlike these other three, which are developed on vacant land, Rudy's plans to redevelop the existing Sneakers site. The Design Review Board has met several times regarding the Rudy's plans and has given strong options that the building should be oriented to the creek. The Planning & Zoning Commission will be the approving body for the final site plan. The applicant has modified the plan and variance request that was tabled by the Board on June 15 of this year. The item was tabled due to the applicant's reluctance to lose 17 spaces under that request. The revised site plan includes 10 additional parking spaces for a total of 97 spaces. The DRB is requesting significant changes to bring the Rudy's restaurant inline with the other new structures coming into the corridor. The owner has the option to use the existing site and building as is due to the fact that the site predates the WPC district regulations. However, any changes to the building or site would come under WPC review. Restaurants without adrive-thnu are required to have one parking space for every 65 sq. • ft. The proposed restaurant has a total of 6743 sq. ft. for a requirement of 104 parking spaces. The applicant is proposing a total of 97 parking spaces, one parking space for every 69.51 square feet. Thus the applicant is seeking a variance of 7 parking spaces. Staff has been reviewing the most recent site plan and at this time feel fairly confident that the number of parking spaces should not change again unless there is a change requested by the applicant. However, in recent discussions with the applicant's engineer to coordinate their fire protection, it appears that they may either need to add an island or reconfigure one of the parking rows. In either case, it is likely that-one additional parking space will be eliminated. Therefore, if the Board grants this request, staff would recommend that the variance be for a total of 8 spaces instead of the 7 as stated in the staff report. Chairman Alexander opened the public hearing for those wanting to speak in favor of the variance request. Paul Clarke stepped before the Board and was sworn in Chairman Alexander. Mr. Clarke spoke briefly of the history and past meeting concerning this site. Mr. Clarke asked the Board to support the preferred 7-space variance, but if the 8-spaces were ganted that could work as well. Peter Bassett, owner of Rudy's Bar-Be-Que stepped before the Board and was sworn in by Chairman Alexander. Mr. Bassett told the Board that he looked forward to doing business in College Station. • Chairman Alexander called for anyone wanting to speak in opposition to the request. With no one stepping forward Chairman Alexander closed the public hearing. ZBA Minutes July 20, 1999 Page ~ oj4 Mr. Hill made the motion to authorize a variance to the 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: a variance to the required number of parking spaces is necessary in order to allow the applicant to • maximize use of the existing structure and satisfy the desires of the DRB; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: a less desirable site plan would be required in order to meet the ordinance requirements. Mr. Happ seconded the motion. Mr. Happ amended the motion to add under limitations "a variance of 8 spaces is to be allowed with the understanding that the applicant will attempt to optimize to 7 spaces". Mr. Hill seconded the amended motion. The Board voted (5-0) on the amendment. Mr. Hill read the amended motion. Mr. Hill made the motion to authorize a variance to the 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: a variance to the required number of parking spaces is necessary in order to allow the applicant to maximize use of the existing structure and satisfy the desires of the DRB; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: a less desirable site plan would be required in order to meet the ordinance requirements; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: a variance of 8 parking spaces is to be allowed with the understanding that the applicant will attempt to optimize to 7 spaces. Mr.tlappseconded the motion, which passed unopposed (5-0). AGENDA TTEM NO. 6: Adjourn • The meeting was adjourned. ATTEST: Staff Assistant, eborah Grace • APPROVED: ~. Chairman, David Aleaa der ZBA Minutes July 20, 1999 Page 4of 4 Mr. Clarke told the Boazd that if it was know that the proposed plan or vision would be not have the creek, they would not have spent the time designing the site. Mr. Clarke stated to drive down Harvey Road and see the newest restaurants, they are some of the finest and most attractive aesthetically in the • city. It is the backdrop to Wolf Pen Creek that makes them so attractive. Mr. Clarke ended by saying that many developments have happened in the last couple of weeks since the application was submitted. Mr. Clarke asked Ms. McCully if the pazking lot is grandfathered. Ms. McCully replied that it depends on what is being done with the property. If the property is going to be used as it presently is, then the gandfathering would apply. If modification were done to the building, then the DRB, because of the impact, would have authority over the site because of the special corridor. The Board had discussions concerning what motion to make in this case. Mr. Happ stated in his opinion this issue is not with the ZBA but rather the DRB. Mr. Happ stated that this should not be voted on until this has gone before DRB again. Mr. Searcy asked Ms. McCully to enlighten the Boazd regazding the jogging trail and aesthetic appearance. Is it a possibility that it may not be put into place as indicated in the design presented to the Board. Ms. McCully answered that was not her understanding. If it were going to be a change it would have to be an official change before any further discussions with ZBA took place. Ms. McCully stated that her guess, is what Mr. Clarke has seen is a preliminary plan from the engineer's. Ms. McCully stated that at this point she is not sure if all the city staff has seen the drawings or design. Mr. Happ asked if it would put the ZBA at odds with the DRB if they voted against what they • supported, Ms. McCully answered yes it would. Chairman Alexander called for any one wanting to speak in opposition of the request. With no one stepping forward Chairman Alexander closed the Public hearing Mr. Dill made the motion to table the item. Mr. Murphy seconded, which passed (5-0). AGENiIA ITEM NO.6: Adjourn Chairman Alexander made the motion to adjourn. Mr. Happ seconded, which passed (5-0). ATTESTo • Staff Assistant, ZBA Mueutes June lS,1999 Page 8 oj8 ZONING BOARD OF ADJUSTNlE1V'P . FORMAT FOR POSITIVE MOTION Variance from Section 15, Ordinance Number 1638. I move to;authorize a variance to the from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: ~~ .~~ ~..~crT~ and because ~ strict enforcement of the provisions unnecessary hardship to this applicant being: ~a G~C~-~ GZ- .. and such that the s~5irit of this ~frdinar done subject to the following limitations: yard (Section 8.~ lot width (Table A) ~/ lot depth (Table A) / minimum setback parking .requirements (Section 9) result in shall be observed and substantial justice ~1Vlotion made b, i Seconded by _ Chair Signat e 1 Date °~ Voting Results c~'- y~~ssevoc ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Variance from Section 1S, Ordinance Number 1638. • I move to authorize a variance to the yard {Section 8.~ lot width (Table A) lot depth (Table, A) minimum setback ,~ parking requirements (Section 9) /7' y~+r~, qr c e to 7 ~ P ~^ ~(~ i,^ /ev~ n u ~lbe~ /D ~` 1l/~r~,~ - ~ a ~©9 C PS' ~ h ~CPSS'4r Y ~K Di"G#'er~ ~ 4'`~O w 9yt e q,O~/f ~•r ~ L'~O MAX ter. ~ e i,/sP ,,s,~' ~~ P ex, s~, 6, 4 s~ruc l~ifr P g,,~0 S'a/~s~y f~P GIMPS, %"PS O/~; /~tP ~JQ/3 r and because a strict enforcement of the provisions of the ordinance would result. in unnecessary hardship to this- applicant being: _ _- _ - __ _-. ~ (PSS c~es.fg6~e S~ ~e ~/~~ ©u~~ d e r P n" r r' e ~ K p~ TLi /i"Ne yr ~'ir c ~ reo u.~ e~ ~~ ~1~ -- _ ; ~Vtotion made by ,. Date 7- .~ - ~ Seconded by ~- Voting Results'.~.,~ Chair Sigma . y.~rntsssnoc and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: Zoning Board of Adjustment Guest Register r (~ •' ~ Date J Na a Address 3. 4. 5. - 6. 7. 8. 9. 10. . 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. • 24. 25.