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HomeMy WebLinkAbout03/17/1992 - Regular Minutes - Zoning Board of Adjustments• MINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS City Hall Council Room March 17, 1992 7:00 P.M. MEMBERS PRESENT: Chairman Henry, Members Lane and Sawtelle, and Alternate Members De Otte and Phinney. MEMBERS ABSENT: Vice Chairperson Baker, Member Smith and Alternate Members De Loache and Kennady. STAFF PRESENT: Staff Planner Kuenzel, Assistant City Attorney Coates and Planning Technician Thomas. AGENDA ITEM NO. 1: Call to Order -Explanation and Functions of the Board • Chairman Henry called the meeting to order and explained the functions and limitations of the Board. AGENDA ITEM NO. 2: Approval of Minutes from the meeting of February 18, 1992 Mr. Sawtelle moved to approve the minutes from the meeting of February 18, 1992 as presented. Mr. Lane seconded the motion which passed unopposed (5 - 0). AGENDA ITEM NO. 3: Consideration of a special exception regnest by James W. Gray for Sort Bt Classic Motorcars, Inc., to allow the substitution of a wholesale car business for a cabinet factory at 3206 Longmire. - Staff Planner Kuenzel presented the staff report to allow a primarily wholesale business, with limited retail and storage, of specialty cars. The building is currently vacant and is the former site of Kent Moore cabinets. The building is nonconforming because its parking area does not meet current city specifications such as raised and landscaped end islands. In addition, there is a gravel area in the rear that would not be permitted under current codes. The previous Kent Moore cabinets had employed up to 120 employees that manufactured cabinets on a rotating shift. The property backs up to duplex development. There had been complaints of odors released by the chemicals used by the business, and of noise late at night. The rear parking area closest to the duplexes was used by shift workers. The applicant employs seven persons and plans to use only the paved parking area located in the front of the building. There will be a mechanic on duty that will get the stored cars ready to sell. There will be no other auto maintenance work. Hours of business should be normal • working hours; however, the Board may wish to ask the applicant the exact times of operation. Twenty-four property owners within 200' of the subject property were notified with five inquiries. One property owner expressed concern of the business working on stereos and playing them after hours. • Applicant James W. Gray approached the Board and was sworn in by Chairman Henry. He stated that he owns a similar operation at 2213 South Texas Avenue across from Allen Oldsmobile in Bryan. The hours of operation will not exceed 7:00 pm. Stereos will not be worked on after hours and there should not be any loud noise late at night. Mr. Gray informed the Board that he buys from other dealerships and restores the vehicles to sell. The warehouse would help protect the cars from the environment until they are sold. Mr. Gray stated that he does not perform many maintenance duties after the sale of the car; many of the cars are sold as is. He plans to have seven to fifty cars on the site at one time. The proposed business is not a salvage business and will be well maintained. There will be some display on the paved parking lot of restored vehicles. Only three employees have vehicles and they will be asked to park in the rear. Mr. Gray stated that the footprint of the building may change because there is a section of the building that is void of a roof. Approximately 35 cars can fit inside the building with the current footprint. Chairman Henry stated that the proposed use is clearly less intense than the cabinet manufacturin business that occu ied the buildin reviousl . There is a similar business g P gP Y operating almost directly behind this site. The only difference between the two businesses is that one meets current parking and landscaping standards and the other does not. Mr. De Otte questioned staff as to the design of the slab. Storing 35 cars will place a heavy load on the slab; if not designed properly, storing of these vehicles may destroy the slab as well as the building. Mr. Gray responded that Kent Moore use to load and unload trucks as well as operate fork lifts inside the building. • John Grillo, owner of some adjacent duplexes along Lodgepole, approached the Board and was sworn in by Chairman Henry. He questioned staff as to current parking and landscaping requirements within the City. Staff Planner Kuenzel explained these requirements and showed Mr. Grillo the applicable sections in the Zoning Ordinance. Mr. Grillo stated that he had no problem with the proposed business. He concluded that it is inconvenient for him to travel to the post office to sign for a certified letter. He suggested that staff send notices by regular mail so that surrounding property owners are not inconvenienced. Charles Ballck of Ballck Laboratories approached the Board and was sworn in by Chairman Henry. He informed the Board that he is located next door to the proposed business. He stated that he had no problem with the proposed use and that the applicant has already improved the property. Mr. Ballck questioned the applicant as to what chemicals will be stored in the building such as solvents; particularly chlorinated solvents. The storage of gasoline and solvents may effect the outcome of some of the testing done in the laboratory. Mr. Gray stated that there will be no on site storage of gasoline. There will be some engine degreaser and general cleaning supplies stored on site. Kent Moore probably stored more chemicals on site than this business. He added that he would be happy to work with Mr. Ballck in keeping contaminants to a minimum. Mr. Gray stated that he did not want to come into landscaping and parking requirement compliance. He will improve the property but he does not want anyone to tell him how to do it. He will set an example for the adjacent strip center and will probably plant some trees as well. The requirements in College Station are too restrictive to promote small business. The zoning ordinance requirements are detrimental to business people without a lot of capital. He concluded that • he never dreamed that he would have to landscape and construct parking islands at an existing building. ZBA Minutes March 17, 1992 Page 2 • Mr. De Otte stated that he sympathizes with the applicant; however, the zoning ordinance has done a lot for the appearance of College Station. The idea of the ordinance is to try and make parking lots better through a fair latitude in design. Landscaping can be developed beyond the minimum requirements. Mr. Sawtelle stated that the Board must look at the public interest including the surrounding property owners. This area is developing due to the location of Humana Hospital and CIC Insurance. The success of the overall development in this area depends on its appearance. Mr. Lane moved to authorize a special exception from Section 15, Ordinance Number 1638 for the substitution of one nonconforming use for another because the extent of the substituted use is less detrimental to the environment than the first. Mr. De Otte seconded the motion which passed (4 - 1); Mr. Sawtelle voting in opposition to the motion for approval. • AGENDA ITEM NO. 4: Other business. Assistant City Attorney Coates informed the Board that they would not be able to approve the minutes from the Airport Zoning Board of Adjustment meeting of March 3, 1992 because only two members that were present at that meeting are present tonight. The approval of minutes can be rescheduled for the next available meeting. Mr. De Otte suggested that staff research the possibility of sending two notices to each of the surrounding property owners in a Zoning Board of Adjustment case. One letter should be sent certified to meet state statute requirements and one should be sent by regular mail so as not to inconvenience the property owner of having to make a trip to the post office to pick up the certified letter. The letter sent by regular mail should reference the certified letter sent to the post office. AGENDA ITEM NO. 5: Adjourn. Mr. Sawtelle moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Lane seconded the motion which passed unopposed (5 - 0). ATT r Plann g echmcian, atalie homas ZBA Minutes APPROVED: -LyL airman, Brett enry March 17, 1992 Page 3 • ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION Special Exceptions -From Section 15, Ordinance Number 1638 I move to authorize the: a. Y substitution of one non-conforming use for another because the extent of the substituted use is less detrimental to the environment than the first. • b. enlargement of a building devoted to a non- conforming use where such enlargement is necessary and incidental to the existing use of such building and does not increase the area of the building devoted to anon-conforming use more that 25% and does not prolong the life of the non- conforming use or prevent a return of such property to a conforming use. Motion made by Motion Secondec Voting Results ~- Chair Signature Date ~ ~ /7- q?~' reconstruction of anon-conforming structure on the lot occupied by such structure as the cost of reconstruction is less than 60% of the appraised value of the structure and because the reconstruction would not prevent the return of such property to a conforming use or increase the non-conformity. 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