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HomeMy WebLinkAbout10/03/2006 - Regular Minutes - Zoning Board of AdjustmentsWORKSHOP MINUTES Zoning Board of Adjustment October 3, 2006 CITY OF COLLEGE STATION, TEXAS 5:30 P.M. MEMBERS PRESENT: Chairman Jay Goss, John Richards, Donald Braune, Josh Benn, Denise Whisenant and Alternate Thomas Mather. MEMBERS ABSENT: STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Lindsay Boyer, Jennifer Reeves, Crissy Hartl, Jason Schubert and Grant Wencel, Planning Administrator Molly Hitchcock, First Assistant City Attorney Carla Robinson, Senior Assistant City Engineer Alan Gibbs and Graduate Civil Engineer Josh Norton. THERE IS NO RECORDING OF THIS MEETING DUE TO THE POWER OUTAGES THAT TOOK PLACE IN THIS AREA AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Goss called the meeting to order at 5:32. • AGENDA ITEM NO. 2: Discussion of regular agenda items. City Staff Members, Hartl, Wencel and Gibbs gave a brief dialogue of their cases and answered questions from the Board. AGENDA ITEM NO. 3: Consideration and possible action on future agenda items - A Zoning Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. There were no items discussed. AGENDA ITEM N0.6: Adjourn. The meeting was adjourned at 5:55. ATTEST: --- ~ ~ Deborah Grace, Sta ssistant • MINUTES • Zoning Board of Adjustment October 3, 2006 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Jay Goss, John Richards, Donald Braune, Josh Benn, Denise Whisenant and Alternate Thomas Mather. MEMBERS ABSENT: Alternate Thomas Mather STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners Lindsay Boyer, Jennifer Reeves, Crissy Hartl, Jason Schubert and Grant Wencel, Planning Administrator Molly Hitchcock, First Assistant City Attorney Carla Robinson, Senior Assistant City Engineer Alan Gibbs and Graduate Civil Engineer Josh Norton. THERE IS NO RECORDING OF THIS MEETING DUE TO THE POWER OUTAGES THAT TOOK PLACE IN THIS AREA. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Goss called the meeting to order at 6:05. AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. There was no absent request to consider. AGENDA ITEM NO. 3.: Consideration, discussion and possible action to approve meeting minutes. August 1, 2006 Workshop and Regular Meeting Minutes Mr. Richards motioned to approve the Workshop Meeting Minutes. Ms. Whisenant seconded the motion, which passed unopposed (5-0). Mr. Braune motioned to approve the Regular Meeting Minutes. Ms. Whisenant seconded the motion, which passed (5-0). AGENDA ITEM N0.4: Public Hearing, presentation, possible action, and discussion on a variance request to the Unified Development Ordinance, Section 7.2; Off-Street Parking Standards for the College Station Chinese Church located at 708 Eisenhower. (06-169) This item was pulled by the applicant. • AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion on a • variance request to Section 5.8, Overlays, and Section 7.4 Signs, of the Unified Development Ordinance for the property located at 1200 University Drive, and more generally located on the southwest corner of University Drive and Lincoln Avenue. (06-193) Staff Planner Grant Wencel presented the staff report and stated that the applicant is requesting the variance to increase the visibility of the freestanding commercial sign with increased height, reduced setback, and the addition of a second freestanding sign because of existing site characteristics. Chairman Goss opened the public hearing and swore in the following persons speaking in favor of the variance: Kelly Templin, IPS Group Jack DeGangne, Orlando Florida, Site Development Manager Chairman Goss closed the public hearing. Mr. Richards motioned not to authorize a variance to the sign regulations from the terms of this ordinance, as it will be contrary to the public interest, due to the lack of unique special conditions not generally found within the City. Mr. Braune seconded the motion. There were discussions among the Board concerning the three variances the applicant was seeking. It was discussed that the free standing sign should be tabled and considered by itself if the applicant still • wants to seek that particular variance without the others. Mr. Richards amended his motion not to include the freestanding sign. Mr. Benn seconded the motion, which passed unopposed (5-0). Chairman Goss called for a vote on the motion to deny. The vote was (3-2), Chairman Goss and Benn voting for approval. The variance was denied. Mr. Benn motioned to table the freestanding sign. Ms. Whisenant, seconded the motion, which passed unopposed (5-0) AGENDA ITEM NO. 6: Public hearing, presentation, possible action and discussion regarding a variance request for a Floodway encroachment from Section G (1) of the Flood Protection Ordinance prohibiting encroachment into designated floodways at 1701 Texas Avenue South. _,4 - \~ ~~"l Graduate Civil Engineer Josh Norton presented the staff report and stated that the applicant is requesting the variance to enclose an open channel section of Wolf Pen Creek Tributary B with an extension of 455 feet of an 8 foot x 5 foot reinforced concrete box culvert. • • Chairman Goss opened the public hearing and swore in the following people speaking in favor of the variance: Joel Mitchell, Mitchell & Morgan, L.P. Veronica Morgan, Mitchell & Morgan L.P. Chairman Goss closed the public hearing Josh Benn motioned to approve a variance from the terms of this Ordinance because undue hardship on the owner will result from strict compliance with those requirements, to wit: the tributary is located such that the drive aisle cannot be moved unless it is placed in a box culvert similar to that which exists under an adjacent lot; and because special circumstances or conditions affect the land involved such that strict compliance with the provisions and requirements of this chapter will deprive the applicant of the reasonable use of his land, to wit: the property contains a small tributary of Wolf Pen Creek and this creek prohibits the connection from the driveway: The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, to wit: such variance is limited by the engineering report confirming to the requirements of the Drainage Policy and Design Standards. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 7: Public hearing, presentation, possible action, and discussion regarding a variance request for a Floodway encroachment from Section G (1) of the Flood Protection Ordinance prohibiting encroachment into designated floodways at 1725 Harvey Mitchell Parkway. (06-199) Graduate Civil En ineer Josh Norton resented the staff re ort and stated that the a licant is re uestin g P p pP q g the variance to construct a private access drive with creek crossing consisting of a 60 foot bridge crossing. Chairman Goss opened the public hearing and swore in the following person speaking in favor of the variance: Michael Moore, 1503 Francis Chairman Goss closed the public hearing. Mr. Braune motioned to approve a variance from the terms of this Ordinance because undue hardship on the owner will result from strict compliance with those requirements, to wit: to allow access and safety; and because Special circumstances or conditions affect the land involved such that strict compliance with the provisions and requirements of this chapter will deprive the applicant of the reasonable use of his land, to wit: to allow a bridge crossing to provide for access and for fire safety and circulation needs of the property; The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, to wit: such variance is limited by the engineering report containing requirements of the Drainage Policy and Design Standards. Ms. Whisenant seconded the motion, which passed unopposed (5-0) • AGENDA ITEM NO. 7: Adjourn. The meeting was adjourned at 7:32. TTES Grace, Staff Assistant • ~~ ~~ ZONING BOARD OFADJUSTM~NT GU.~ST R~"GIST~R MEETING DATE October 3, 2006 ~..a~~, ADDRESS 2. 3. 4. 5. 6. 7. 8. 9. 10. ~11. 1 Z. 13. 14. 15. 16. 17. 18. 19. 20. Z1. 22. 23. •~~4. 25. ~1a•~ ~c ~ m~ ~e~ QQ ~~`~~ CITY OF COLLEGES"I'ATION Planning ~' Developrnent Services ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION VARIANCE FROM CHAPTER 13 -FLOOD HAZARD PROTECTION I move to approve a variance from the terms of this Ordinance because undue hardship on the owner will result from strict compliance with those requirements, to wit: G~~ and because: I) Special circumstances or conditions affect the land involved such that strict compliance with the provisions and requirements of this chapter will deprive the applicant of the reasonable use of his land, to wit: ~=o~ ,~ ~ ~~ t ~- ~ ~J tip..-. 2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, to wit: ~~° ~'l;.ti~i~zc ~ Motion made by Seconded by~ Voting Results_ • f, Chair Signature_ I~ V~ " "1 ~~ ~~ .~'v" ~ . 7~ e ~~._ Date ~ ~~.~~p ~c~~Je~~~ • CITY OF COLLEGE STAI~ION Planning ~ Development Services ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION VARIANCE TO SIGN REGULATIONS: -FROM SECTION 7.4 OF THE UNIFIED DEVELOPMENT ORDINANCE ,~/AL-~i.A~,~e ~ ~ ~ t;'~~y~y I move to deny a variance to the sign regulations from the terms of this ordinance, as it will be contrary to the public interest, due to the lack of unique special conditions not generally found within the City; and because a strict enforcement of the provisions of the Ordinance would not result in • substantial hardship to this applicant, and such that the spirit and intent of this Ordinance shall be preserved and the general interests of the public and applicant served. ', / '~ Motion made by , ~ ~~ ~/lt~ 1 L ~ ~17,`~ i ~ ) 5 Seconded by ~~'~ n'`~""~'L Voting Results Chair Signature ~- Date `'' 3 C~ ~ aZ a,erf.-~f ~. Uuu.~.~r~ 1 ~~+~°p ~' ~ rl,~f d ~a,~~ ~d ~- ~~ ~ ~~~y ~ ~ Zs~ ~~^~~ ~~a~,~g . ~ -~' ~ ~~~ , -, d N'-~ 71".e.~~~ 5 ty~ ~ ems. ~Co f ~~S 0^1 ~~~ ~ ~e~c~S ~ -~ CITY OF COLLEGE STATION Planning d Development Services ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOTION VARIANCE FROM CHAPTER 13 -FLOOD HAZARD PROTECTION I move to approve a variance from the terms of this Ordinance because undue hardship on th'eAO_wner will result from strict com/~fiance with/those require,/ments, to w/it: -f'~..2 r~~"~ ~...^~-~crti rS ~o ~t^~t~ ,~~wc.~ '/ic~ ~ ~Y-1/'~- R..~ (l ~G/)~~ ~~ov-~-L~` ~.~ (zrs ,.~ ~ r ~ l~ ~c,Y ~ ~ S ~~ ~ ~ I pert-- s~ ~-• ~ !~ ~/ and because: 1) Special circumstances or conditions affect the land involved such that strict compliance with the provisions and requirements of this chapter will deprive the applicant of the reasonable use of his land, to wI ~ ~ •~9 ~~ S~~ W~ ~~ 2) The variance is necessary for the preservation and enjoyment of a substantial roperty right of the applicant, to wit: Motion made by JJs ~ ~,-~ (~..~ .~ Seconded by ,1s ~~. 1~ ~ G ~`/~' f Voting Results ~~' ~ ~ ~~ %i Chair Signature~,~ , ~ Date a a fwd (~~ ~,/ ~~ ~ ~ J~rf~r~s