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Home My WebLink About12/07/1982 - Regular Minutes - Zoning Board of AdjustmentsMINUTES CITY OF COLLEGE STATION, TEXAS • Zoning Board of Adjustments December 7, 1982 7:00 P.M. MEMBERS PRESENT: Chairman Cook, Members Upham, Wagner, MacGilvray, and Council Liaison Boughton MEMBERS ABSENT: Donahue and Alternate Member Lindsay STAFF PRESENT: Zoning Official Kee, Assistant Director of Planning Callaway and Planning Technician Volk AGENDA ITEM N0. 1: Approval of Minutes - meeting of November 2, 1982 Mr. Wagner made a motion to approve the minutes; Mr. MacGilvray seconded. Motion to approve minutes carried unanimously. AGENDA ITEM N0. 2: Consideration of a request for a variance concerning business closin hours previously established as a result of action taken by Board when considering a variance. Request is in the name of L~R Foods, Inc. Mrs. Kee explained the request. Mr. Wagner inquired if this was a matter which must be handled by the Board and Mrs. Kee replied that it is because it is one of the condi- • tions set at the time a parking variance was granted. Bill Payne was sworn in. He stated he is an attorney and is representing L~R Foods, Inc. He addressed the closing time (9 p.m.) which was part of the parking variance granted in 1981 and gave a history of this pizza business which at the time of the variance was a sandwich shop. He stated the Lampos are now asking for permission to operate beyond the 9 p.m. hour, questioned whether regulations for parking should govern operating hours, and stated the purposes for establishing off-street parking as listed in the Zoning Ordinance are (1)to eliminate occurrence of non-resident on-street parking in adjoining neighborhood; (2)to avoid the traffic congestion and public safety hazards caused by a failure to provide such parking space; and (3)to expedite the movement of traffic on public thoroughfares in a safe manner...He then named the businesses in the immediate vicinity which also close at 9 p.m. or before, and said the point is that virtually all activity in the immediate area during the requested extension hours is eliminated due to hours of operation of the businesses there, with exception of the Wesley Foundation, which stays open until 11 p.m. He indicated his clients had attempted to make a survey of the available parking spaces in the area, handed out copies of the results of the survey and explained how it had been done. He said the results show that there are no less than 20 parking spaces available on-street after 9 p.m. on every night the survey was taken. He explained there are 66 chairs, 22 tables in the restaurant, and estimated a maximum of 22 spaces would ever be needed. The survey had asked over 700 patrons how they had gotten to this establishment, and the results showed that only lli of the patrons drove. He broke this figure down to indicate that one customer in 10 would have a car to park. He said the hours they are requesting to operate are until midnight on weeknights and 1 a.m. on weekends. Mr. MacGilvray asked why the original request was for operating hours of 9 a.m. to 9 p.m. and Mr. Payne explained these hours were established prior to the actual establish- ment of a business. Mr. Wagner asked why they had waited so long after the Pizza Hut was actually in operation to make this request, and Mr. Payne explained that the ZBA Minutes 12-7-82 page 2 initial variance had been granted one year ago, and after that one year, Mr. Lampo and Mrs. Kee had begun dialogue, but the Lampos did not understand that the hours were a • determining factor to granting the parking variance. Mr. Wagner congratulated him on the preparation for this request, and then referred to a mandate handed down by the City Council which precludes any variances to parking requirements being granted for a 12 month period which began in September of this year. Mrs. Cook began to give a bit of history concerning the previous variance and Mr. Upham continued to explain exactly what had taken place at the public hearing which led up to the Board granting the variance which included the hours of operation as a signi- ficant factor in the agreement to grant it. Mrs. Cook then explained the mandate under which the Board must operate now, explaining that there will be no parking variances given for one year in Northgate. She expressed appreciation for the survey information, indicating that it may we11 be used by the Committee studying the Northgate area, but feels the Board is committed to the mandate set down and the Zoning Ordinance spells out the requirements concerning the number of parking spaces which must be provided off-street and on-site. Mr. MacGilvray further explained the Ordinance, and also thinks this request must fa11 under the moratorium established by the Council. Mr. Payne asked about this mandate and proposed that the only request now is for hours of operation and suggested that it be granted on a moratorium basis also until the Northgate study is complete. Mr. Upham explained this Board cannot take action on any parking variances for this 12 month period in this area, and if this variance had been for something other than parking, there would be no problem. Council Liaison Boughton confirmed the mandate requirements and then further pointed out that at the time of the original request, Mr. Lampo said there was no problem with parking, but in fact, the churches in the area had at that time complained about people other than • church committee members using their parking lots. Mr. Wagner then made a motion to table this motion until the mandate set down by the Council concerning parking variances in the Northgate area is removed. Mr. MacGilvray seconded the motion. Motion carried unanimously. AGENDA ITEM N0. 3: Consideration of a re uest for a variance to Parkin Re uirements Section 7 at 10 Walton which is located next to Wilson's Plumbin Supply Request is in the name of J. F. ~ T. M. Sousares. Mrs. Kee explained the request and said that a medical office building is being pro- posed which would require 10 spaces on-site off-street according to the Ordinance. She further indicated that Mr. Sousares has not been through a formal site plan review, but that he has met with the Director of Planning for preliminary discussions. Mr. MacGilvray asked about front, rear and side setbacks, and Mrs. Kee explained the appli- cant could have lot line construction in commercially zoned areas with a required firewall which is governed by building codes. Discussion followed with Mrs. Kee pointing out the area on an aerial photo. Jimmy Sousares, one of the applicants, was sworn in and said the building would be an emergency type medical office with perhaps several rooms and probably no more than 3 employees. He said he owns the plumbing shop building next door, and that some park- ing would be available there because no work is done on the premises so very few patrons use the available parking spaces. Mr. Upham suggested the City make some kind of survey or study to find out the width of the access road, who maintains it and what- . ever else is available on the tract. Mr. Upham then made a motion to table this request and to direct the Building Official to find out what the geography is at that location. Mr. MacGilvray asked to point out that the Ordinance requires off-street parking, and further pointed out that a lot to provide the required parking for this building would be larger than the lot. P1r. Upham said this is a special interest situation and the public could possibly be well served by the granting of a variance. w4 ZBA Minutes 12-7-82 page 3 Mr. MacGilvray pointed out that in essence, Mr. Upham would be referring to a City- • owned parking lot. Mr. Upham reiterated his motion and Mr. Wagner seconded, with the condition that the motion be amended to say "Zoning Official" rather than "Building Official", and that the request be tabled until the next regular meeting of the ZBA. Motion carried unanimously. AGENDA ITEM N0. 4: Other Business U Mrs. Kee asked the Board to choose a date for the Workshop with the City Attorney, and the Board chose January 11th or 12th. Mrs. Cook requested the staff to take a car-count at the AM/PM Clinic in Bryan on weekends and evenings to help determine the amount of traffic generated at such a business. Mr. MacGilvray gave a report on the Northgate Committee indicating a survey of busi- nesses in the area had been done and data is being compiled, and that more data is being generated including population figures, bus traffic, traffic counts, etc. Mr. Upham suggested that perhaps the number of parking violations and number of accidents could be helpful, as well as the revenue generated in that area. Mr. Wagner made a motion to adjourn with Mr. Upham seconding. Motion carried unanimously. ATTEST: APPROXIE\D: Acting Chairman Dan MacGilvr Dian Jones, City Secretary •