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HomeMy WebLinkAbout08/17/1999 - Regular Minutes - Zoning Board of AdjustmentsMINUTES :~ Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS August 17, 1999 6:00 P.M. • • MEMBERS PRESENT: Chairman Alexander, Murphy, Happ, Hill & Bond. MEMBERS ABSENT: Alternate Members Lewis, Bailey, Searcy & Ellis. STAFF PRESENT: Senior Planner McCully, Staff Assistant Grace, Staff Planner Anderson, Planning Intern Siebert, and Senior Assistant City Attorney Nemcik. 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 N0.2: Approval of minutes from August 3,1999 meeting of the Board. Mr. Happ made the motion to approve the minutes as written. Mr. Hill seconded the motion, which passed unopposed (5-0). AGENDA ITEM N0.3: Consideration to remove from the table and rehear sign variance request for 1403-1409 B. Harvey Road. Applicant is Robert L. Burdick. Mr. Hill made the motion to remove from the table and rehear the case. Mr. Murphy seconded the motion, which passed unopposed (5-0). AGENDA ITEM N0.4: Consideration of a sign variance for an additional free standing sign at 1403-1409 B Harvey Road. Applicant is Robert L. Burdick. Ms. McCully stepped before the Board and briefed the Board on the history of this case. Ms. McCully told the Board that Mr. Burdick's request was to construct an additional freestanding sign to allow four small businesses visibility. The property is part of a strip center containing an E-Z Mart convenience store and four small businesses. Currently, one non-conforming freestanding sign exists for the commercial plot and is solely used by E-Z Mart. At the April 20 meeting of the Board, Mr. Burdick was asked to contact E-Z Mart representatives to see if they would be willing to change the current freestanding sign to include all of the tenants. The Board also requested additional information regarding previous Board decisions on adding on to non-conforming signs in terms of additional area allowed. The Board chose to table the matter until an answer from E-Z Mart representatives was obtained. ZBA Minutes August 17, 1999 Page I oj5 E-Z Mart, however, has declined the request to make any changes to their sign at 1401 Harvey Road in order to accommodate the other tenants. Thus, Mr. $urdick wished to continue his original variance for a second freestanding sign. • Ms. McCully reported to the Board of her research concerning previous Board decisions on adding on to non-conforming signs in terms of additional area allowed. Ms. McCully stated that the Board has granted some variances for existing non-conforming signs when there have been requested changes to the signs, but it was her recollection that the signs have not gotten any larger. Ms. McCully told the Board that the applicant had not consulted with a sign company until now and has presented her with two sign options that were included in their packets. Ms. McCully told the Board that both options would be in compliance. Ms. McCully told the Boazd that if they granted this variance they would be legitimizing and approving a second freestanding sign. Ms. McCully concluded that the E-Z Mart sign could be remodeled as long as the height area came in to compliance with the Zoning Ordinance. There were questions concerning the placement of the new proposed freestanding sign. Mr. Happ asked if the new freestanding sign would interfere with the advertisement on the building of the Kwick Lube. Ms. McCully stated that the Kwick Lube has a freestanding sign and advertisement on the other side of the building. If this sign did block some lettering that site would still have sufficient advertising. • Chairman Alexander opened the public hearing for those wanting to speak in favor of the variance. Mr. Robert L. Burdick, applicant stepped before the Board. Mr. Burdick told the Board that the four small businesses aze suffering due to the lack of exposure. The signs on the building are not very visible. Mr. Burdick ended by stating that the lack of visibility is a handicap and hazdship for the businesses. Mr. Happ asked Mr. Burdick if he was the owner of the strip center. Mr. Burdick replied yes. Mr. Happ asked Mr. Burdick how did E-Z Mart get the only sign. Mr. Burdick explained that E-Z Mart had a lease from the time the building was built 27 years ago. 7-11, the original tenant, had obtained the lease. Chairman Alexander called for anyone wanting to speak in opposition of the request. With no one stepping forwazd Chairman Alexander closed the public hearing. ZBA Minutes August 17, 1999 Page 2 oJ5 • Mr. Bond made the motion 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: the property location along with the nature of neighboring property • makes the visibility of the businesses located within the property minimal; and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to this applicant being: extremely low visibility to potential customers passing along Harvey Road; 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: restriction in the height of the sign so as not to interfere with current signage at neighboring property. Mr. Murphy seconded the motion. Mr. Happ asked to add under limitations "to comply with Table I restrictions." Mr. Bond reread the motion. Mr. Murphy seconded the motion, which passed unopposed (5-0) AGENDA ITEM NO. S: Consideration of a sign variance request for an additional sign at 2601 Harvey Road. Applicant is Giovanna Esposito. Staff Planner Anderson stepped before the Board and presented the staff report. Ms. Anderson told the Board the applicant is .requesting an additional freestanding sign in order to advertise a new eatery. The Zoning Ordinance allows one freestanding sign per building plot in C-1 districts. In addition, the Ordinance allows service stations to have one fuel price sign per site, the area which may not exceed 16 square feet and is not included in the allowable area of any freestanding sign (If stations choose this option, the cannot have the fuel prices on the freestanding sign.) The Springer Chevron has both a freestanding sign and a fuel price sign. • The applicant wishes to construct a new freestanding sign to allow visibility for the new business to be located inside the store. The applicant is proposing to locate the sign between the two existing supports of the freestanding Chevron sign. The applicant offers the following as special conditions: The proposed eatery is a pizzeria to be located inside the current Chevron convenience store. The convenience store is already equipped with a kitchen and other specifications needed to support such a business. However, Chevron will not allow the business signage on the current freestanding sign, the facade, or on the canopy located over the gas pumps. Lastly, the applicant cites that the Chevron site contains enough frontage to allow for an additiona132 sq. ft. of freestanding signage, the amount of the request. Ms. Anderson ended her report by showing the Board pictures of the site. Mr. Hill asked Ms. Nemcik if the Board did grant the variance, could restrictions be given as to the placement of the signs so that it would not appear as two signs. Ms. Nemcik answered yes restrictions can be added that states where between the existing poles the sign can be placed. Ms. Nemcik suggested to specify by measurements either from the bottom of the Chevron sign or the ground so that it could be determined where the placement of the sign could be. Chairman Alexander opened the public hearing for those wanting to speak in favor of the request. • ZBA Miuules August 17, 1999 Page 3 oj5 Giovanna Esposito, the applicant, stepped before the Board and was sworn in by Chairman Alexander. Ms. Esposito spoke about the hardship as being visibility. Ms. Esposito explained that the intersection is very busy and it is important for the customers to safely enter and maneuver into the site safely. • Mr. Bond asked Ms. Esposito how much business did she have from customers only coming to the eatery and not Chevron. Ms. Esposito explained that she could not really answer the question because the eatery is not open yet. Ms. Esposito stated that she believes most of the business would be from travelers. Mr. Happ asked Ms. Esposito if Chevron owned the facility. Ms. Esposito answered that Mr. Springer owned it. Mr. Hill made clarification that it is Chevron that did not want the eatery sign placed on their pole. Ms. Esposito replied that was correct. Andy Springer, the owner, stepped before the Board and was sworn in by Chairman Alexander. Mr. Springer stated that the city originally approved extra signage space on the poles, which Chevron denied. Mr. Springer spoke about a cafe that he operated at the site and he had lettering on the building. Mr. Springer spoke about the visibility at this intersection. The existing canopy blocks the traveler's view. Mr. Happ asked Mr. Springer when he occupied the space as a cafe, did he not have any desire to have additional signage other than on the building. Mr. Springer replied that he did desire additional signage but Chevron would only allow decals on the building. Mr. Springer stated that it was his hope • then to do enough advertising elsewhere to bring in the business. Mr. Springer told the Board that the agreement that he had with Chevron is to build a building with their image package. The package did not allow for any additional signage and in return he was given incentive money to off set the cost of the building. Mr. Alexander asked if Chevron had a problem with the space under their sign being occupied. Mr. Springer replied that they did not. Mr. Bond asked what happened with the cafe. Mr. Springer replied that he decided that someone could do a better job with his or her full attention. Mr. Springer told the Board that about 50% of the customers would come in just to eat and the other 50% would come in for gas. Mr. Springer continued by telling the Board that a lot of customers would be previous clientele from when Giovanna's Pizza was at the mall and hopefully attract new customers as well. Mr. Hill asked if Chevron Corp. had the right to say no other signs could be placed on the poles. Mr. Springer answered yes. Chairman Alexander called for anyone else wanting to speak in favor or opposition of the request. With no one stepping forward Chairman Alexander closed the public hearing. • ZBA Minutes August 17, 1999 Page 4 of S There were continued discussions among the Board Members and with city staff concerning the existing and proposed sign. • Mr. Murphy made a motion to approve the variance. The motion died with a lack of a second. The Board continued discussions. Mr. Murphy restated his original motion. Mr. Bond seconded it. Mr. Happ made amendment to the motion adding "the sign will be maintained in the footprint of the existing sign with a maximum height of 29 feet. Mr. Hill seconded the amendment. Mr. Murphy read the amended motion: Mr. Murphy made the motion 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: due to a binding agreement, the property owner is unable to utilize the additional freestanding signage allowable under ordinance; and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to this applicant being: the inability to effectively market a second business that is housed in the primary business; and such that the spirit of this ordinance shall be preserved and the general interests of the public and applicant served, subject to the following limitation: the sign would be maintained in the footprint of the existing sign with a maximum height of 29 feet. The motion was seconded by Mr. Bond, which passed unopposed (5-0). • AGENDA ITEM N0.6: Adjourn OVED: Chairman, Davi le nder ATTEST: Staff Assistant, De orah Grace • ZBA Minutes August 17, 1999 Page S oj5 ZONING BOARD OF~ADJiTSTMEIVT FORMAT FOR POSITIVE 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: - - ~.. ~ /J a ~. / /_ ~ ~'L/N~~~ C7 hardship to this applicant being: and such that the spirit and intent of ~iis ordinance shall be preserved and the general interests of the public and applicant served, subject to the following limitations: Motion made by ~~-~~„_~j~ f/ ~ ~~ Motion Seconded by ~ Q tt" Voting Results Chair Signa ~ - Date ,~ ~' ~ ~ `-- ~~ 9 sxP~ssa.DOc ~ ` • ZONI3vG BOARD OF~ADJUSTMEN'P , FORMAT FOR POSITIVE MOTION Variance to Sign Regulations: From Section 12, Ordinance Number 1638. I move to authorize a variance to the sign regulations from the ternis of this ordinance as it will not be contrary to the public interest due to the following unique special conditions not ctenerallv found within the C'tv_ ~ ro o e S f~~CCe e -~ a u./Td ~~Ga/G ~~'L- ~~``~'~S/ i~nJ~ .V~ ~~~~ ~~ I I f ~ J ] ~L / / ~~i 1 d laJti/-c/`~' IS ~/~a /t- ~ c/ f ~%f LL C, o~ i icva~e- ~~'G~G~~ ,Si,,,..--u~Gt~{, Gk /!off ~ and because a stnct e~orcement of the provisions of the ordinance woul~ result ~"~^ substant~ia/l hardship to this applicant b~ei^ng: /' ) o~'°~-"'°'"'~ ~~. ~,,.~o. ~,' ~,`~., fy -~TZ`-ec~~/-c/7 dv,c.r/~~ A. 5-eco,.iid~ys~.:.,y,.s5 // ~~, / / 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: 71~ ~ !/1 '~- S~ c~ --~ (n.iG L /li.G ~ . ~./-Y ~' Irv' t c9~ /`r.~..ff d / , ~'~ v~ ~ Cam'/ r ./q S ~ ^J l.~ii / '' ` ol. /~/~G~ k l.iv- v ~/1 `1 Q. 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