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Home My WebLink About04/01/2008 - Regular Minutes - Zoning Board of Adjustments.; ~ ~ • Mr ~'~~ st. CrTY or Coi.i ~~,c~~~. 5~~~~r~o~ WORKSHOP MINUTES Zoning Board of Adjustment April 1, 2008 CITY OF COLLEGE STATION, TEXAS City Hall Council Chambers 1101 Texas Avenue 5:30 P.M. MEMBERS PRESENT: John Richards, Donald Braune, Josh Benn, Denise Whisenant. MEMBERS ABSENT: Jay Goss. STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planners Jason Schubert and Matt Robinson, Planning Administrator Mo11y Hitchcock, Assistant City Attorney Mary Ann Powell, Planning and Development Services Director Bob Cowell, Action Center Representative Kerry Mullins. • AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Acting Chairman Donald Braune called the meeting to order at 5:35. AGENDA ITEM NO. 2: Discussion of regular agenda items. The Board asked general questions concerning the cases. AGENDA ITEM NO. 4: 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. Mr. Benn asked to place an item on the next agenda to discuss the purpose of having workshop meetings. AGENDA ITEM N0.4: Adjourn. The meeting was adjourned at 5:43. • ATTEST: Deborah Grae~'Rosier, Staff Assistant .F ~~ ~r ~.I'1'Y OF ~,Ol_LF,GI~, S'1~~"PION MINUTES Zoning Board of Adjustment April 1, 2008 CITY OF COLLEGE STATION, TEXAS Council Chambers 1101 Texas Avenue 6:00 P.M. MEMBERS PRESENT: Jay Goss, John Richards, Donald Braune, Josh Benn, Denise Whisenant. STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planners Jason Schubert and Matt Robinson, Planning Administrator Molly Hitchcock, Assistant City Attorney Mary Ann Powell, Director of Planning and Development Services Bob Cowell, Action Center Representative Kerry Mullins. • AGENDA ITEM NO. 1: Call to order - Ex lanation of functions of the Board. P Chairman Goss called the meeting to order at 6:00 PM. AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. There were no absence requests to consider. AGENDA ITEM NO. 3.: Consideration, discussion and possible action to approve meeting minutes. February 5, 2008, Workshop Meeting Minutes February 5, 2008, Regular Meeting Minutes Mr. Richards motioned to approve the workshop minutes. Mr. Braune seconded the motion, which passed unopposed (5-0). Ms. Whisenant motioned to approve the regular minutes. Mr. Benn seconded the motion, which passed unopposed (5-0). • AGENDA ITEM NO. 4: Public hearing, presentation, possible action and discussion on a variance request to the Unified Development Ordinance, Section 5.2. Residential Dimensional Standards regarding the rear setback requirement for 101 and 103 Fairview Avenue, remainder of Lots 1 & 2, Block 2A, College Park Subdivision. Case # 08-00500025/ 1 u Staff Planner Matt Robinson presented the staff report and told the Board that the applicant was requesting the variance in order to remodel the existing two-story apartment that is encroaching into the required setbacks, therefore the applicant is requesting a rear setback variance of 17 feet 10 inches to the required setback of 20 feet. Chairman Jay Goss opened the public hearing. There was no one who spoke in favor of the variance. Speaking in opposition of the variance request: Jerry Cooper, 602 Bell Street, College Station, Texas Mike Luther, 614 Welsh, College Station, Texas All speaking before the Board were sworn in by Chairman Goss. Chairman Goss closed the public hearing. Mr. Richards motioned to deny the variance to the minimum setback requirement from the teens of the Ordinance as it will be contrary to the public interest, due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of the ordinance shall be observed and substantial justice done. Ms. Whisenant seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 5: Public hearing, presentation, possible action and discussion on a variance request to the Unified Development Ordinance, Section 5.4 Non-Residential Dimensional Standards regarding the rear setback for the property located at 2800 University Drive E, Lot 2, Block 1, Veterans Park and Athletic Complex Subdivision. Case # 08-00500025 Staff Planner Jason Schubert told the Board that the applicant is requesting the variance to obtain more greenscape and landscaping in front of the site by moving the proposed office building more to the rear of the property. Therefore, the applicant is requesting a rear setback variance of 10 feet. Chairman Goss opened the public hearing. Speaking in favor of the variance request: Tim Ware, 2417 East Briargate, Bryan, Texas Mr. Ware was sworn in by Chairman Goss. • Chairman Goss closed the public hearing. Mr. Richards motioned to deny the variance to the minimum setback from the terms of the Ordinance as it will be contrary to the public interest, due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of the ordinance shall be observed and substantial justice done. Mr. Braune seconded the motion which failed 2-1-2. Chairman Goss abstained from voting, Mr. Benn and Ms. Whisenant voting to grant the variance. There were continued discussions among the Board Members regarding the variance request. Mr. Benn motioned to approve a variance to the minimum setback from the terms of the Ordinance as it will not be contrary to the public interest, due to the following special conditions: configuration of the property, location of the park and the floodplain; and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to the applicant being: location of the flood plain; and such that the spirit of the Ordinance shall be observed and substantial justice done. Ms. Whisenant seconded the motion, which failed 2-3. Chairman Goss, Mr. Richards and Mr. Braune voted to deny the variance. AGENDA ITEM NO. 6: Adjourned. The meeting was adjourned at 7:00. ~~ L. ATTEST: Deborah ce-Rosier, Staff Assistant • 1. 2. 3. 4. 5. 6. 7. 8. 9. ~10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. ~4. 25. ZONING BOARD OFADJUSTMENT GUEST REGIST~'R MEETING DATI: April 1, 2008 NAME ADDRESS _, l ~~ o ~i~w~~~ CITY OF COLLEGE STATION Planning e~'' Development Services ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION G~ {~~ hr VARIANCE FROM SECTION rL of the Unified Development Ordinance. I move to not authorize a variance to the Yard (Article 5) Lot Width (Article 5) Lot Depth (Article 5) Height Minimum Setback (Article 5) Section 5.2 & 5.4 Dimensional Standards Parking Requirements (Section 9) Article 7, Section 7.2 Off-Street Parking Standards Parking Requirements (Section 9) Article 7, Section 7.2 Off-Street Parking Standards from the terms of this Ordinance as it will be contrary to the public interest, due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of the ordinance shall be observed and substantial justice done. Motion made by Seconded by i7L~' ~ 1 Se i.~.l ~~ S~ f~~~ ~~ ~~~ Voting Results Chair Signature ~c 1,11 l ~~ ~ ~~ ~2?s~ Date ~~~ ~ ~ •