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HomeMy WebLinkAbout06/01/1993 - Regular Minutes - Zoning Board of AdjustmentsMINUTES C7 Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS June 1, 1993 7:00 P.M. MEMBERS PRESENT: Chairperson Baker, Members Sawtelle, Gaston and Birdwell. MEMBERS ABSENT: Member DeOtte and Alternate Members DeLoach, Phinney, Rife and McKean. STAFF PRESENT: Planning Technician Thomas, Staff Planner Kuenzel and Assistant City Attorney Rayner. AGENDA ITEM NO. 1: Call to order -explanation of functions of the Board. Chairperson Baker 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 May 4, 1993. • Mr. Sawtelle moved to approve the minutes from the meeting of May 4, 1993 as written. Mr. Gaston seconded the motion which passed unopposed (4 - 0). AGENDA ITEM NO. 3: Consideration of a variance request by Lonnie Stabler to the sign regulations to allow a low profile sign at 209 University Drive East. This variance request was withdrawn prior to the meeting. AGENDA ITEM NO. 4: Consideration of a variance request by Lonnie Stabler to the sign regulations to alter the existing nonconforming sign at 317 College Avenue. Chairperson Baker informed the property owners and the applicant that since only four Board members were present, it would take a unanimous vote to grant the variance request. The applicant has the right to have all five members present and the Board could table this item until the next available meeting. The applicant agreed to allow the Board to consider the var iance request with the four members present. Staff Planner Kuenzel presenlcd the staff report and slated that the subject site currently has five freestanding signs where only three would be allowed by variance. In 1990, the Board granted a variance to the Mr. Gatti's sign to allow its replacement. In 1992, the Board granted a variance to allow the replacement of the Jewel Osco sign with the Albertson's sign. The site is therefore allowed three signs, one by ordinance and two by variance. The site was platted and built long before most of the current ordinance restrictions. In terms of signage, the site used to have seven freestanding signs, one of which was a spectacular sign. In the past, nonconforming signs were . replaceable through the "special exception" process, which is no longer an available option for these cases. All nonconforming signs must now obtain a variance to allow their continuation upon application for a sign permit. The site has shown a slow trend toward compliance. The spectacular sign for the drive through building at Mr. Gatti's became smaller and its moving parts were removed in 1979. Some time during the 1950's, that sign was removed, but the sign poles remained. In 1990, Mr. Gatti's applied for a variance to use the existing poles for anew sign, with the agreement to remove the existing freestanding sign at the main building. This request was approved with the condition that the sign height and area would have to comply with the ordinance. In 1991, • Jewel Osco took over Skaggs and wanted to replace the sign cans. At that time, Skaggs had two freestanding signs, one on University Drive and one on College Main. Jewel Osco decided to replace the two signs with a single one on College Main, thereby reducing the number of signs on the building plot from six to five. The new sign complies with height and area restrictions. Without a variance, the applicants may replace the face of the existing nonconforming sign but not the entire can. Four surrounding property owners were notified with no response. Applicant Lonnie Stabler approached the Board and was sworn in by Chairperson Baker. He stated that the proposed sign would help reduce the clutter of the shopping center. The existing taller sign is not desirable because it is not clearly visible by traffic along College Main due to the height. By reducing the size of the existing sign, the traffic will be able to see the reader board more clearly. Mr. Stabler informed the Board that he is also working with representatives from the cinema to redesign their existing sign. The cinema sign is too close to the feeder road of College Main and to the overhead utility lines. Ideally, the owner of the shopping center should provide one sign for the entire shopping center to use; however, in this particular situation, the owner is not willing to pay for the sign and the tenants do not want to give up control of their individual signs. Mr. Sawtelle stated that this is an opportunity to correct the overall nonconformity of the shopping center and have the owner work with the tenants on a solution. Mr. Gaston informed the Board that he is not opposed to the variance request; however, he would not favor any additional variance requests for the shopping center. Mr. Birdwell stated that in this case, he does not feel the property owner will work with the tenants on resolving the situation and the applicant should not be delayed any further. Mr. Birdwell moved to authorize a variance from section 12, ordinance number 1638, 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: an old shopping center with multiple signs; and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to this applicant being: continued use of an old sign that is bigger and less effective; and such that the spirit and intent of this ordinance shall be preserved and the general interests of the public and applicant served: the sign will be 3' shorter with 114 square feet. Mr. Gaston seconded the motion which passed unopposed (4 - 0). AGENDA ITEM NO. 5: Other business. There was no other business. AGENDA ITEM NO. 6: Adjourn. Mr. Sawtelle moved to adjourn the meeting of the Zoning Board of Adjustment. Mr. Gaston seconded the motion which passed unopposed (4 - 0). ATTF,ST: ~ t ~~, P Ong Technician, atalie omas ZBA MII1 utC.'S APPR~~dE Chairperson, a/J aker June 1, 1993 Page 2 ZONING BOARD OF ADJUSTMENT 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: -- cL~ ~ ~~~ t~%~_' vr~ /v'Gf~'-~i~1 and because a strict enforcement of the provisions of the ordinance would result in substantial hardship to this applicant being: ~ and such that the spirit and intent of this ordinance shall be preserved and the general • interests of the public and applicant served~~~~~ *_^ *_h~ f^»^~~~~^ >;m~tat '/ _ ~-/~ ~~ lam/ % ~ ~ `~ ~~ ~--,r- Motion made by ~~~~~ Motion Seconded by ~~/i. Voting Results Chair SignaturE Date • SRP1638.DOC I ~~ `///~ IVL ~1~~ Zoning Board of Adjustment Guest Register ,_ Date ~k ~ ;. `' ~ /~ ' _,_~- - Name ~ t =- ~ f Address "p , s ~ i 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.