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HomeMy WebLinkAbout08/05/2003 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment August 5, 2003 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Leslie Hill, Rodger Lewis, John Richards, Ward Wells & Alternate Jay Goss. MEMBERS ABSENT: Graham Sheffy & Alternate John Fedora (not needed). STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners' Jennifer Reeves, Jennifer Prochazka, & Molly Hitchcock, City Attorney Carla Robinson, Action Center Representative Regina Kelly AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Hill called the meeting to order. AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. Mr. Sheffy submitted a request to be absent. Mr. Lewis made the motion to approve his request. Mr. Richards seconded the motion, which passed unopposed (5 -0). AGENDA ITEM NO. 3: Consideration, discussion and possible action on approval of meeting minutes from June 3, 2003. Mr. Wells added the word "variance" to the 5` paragraph on page 3. The end of the sentence to read "the rear yard coverage variance of 14 %. Mr. Lewis made the motion to approve the minutes as corrected. Mr. Ward seconded the motion, which passed unopposed (5 -0). AGENDA ITEM NO. 4: Public hearing, presentation and possible action on a variance at 708 Eisenhower Street, lot 32, block 27, D. A. Smith Subdivision. Applicant is Wing Chan Wong, Ph D. Staff Planner Prochazka stepped before the Board and presented the staff report. Ms. Prochazka told the Board that the applicant is requesting to reduce the required parking for a church from 48 spaces to 0 spaces (100% reduction). The applicant is requesting a variance to the parking requirements in order to redevelop 2 of the older buildings on site. The sanctuary will remain as is. The actual parking requirement is not increasing for the church because the sanctuary will not be redeveloped. The property does not currently have room for any on site parking. The applicant states that the redevelopment will not increase the church's membership. ZBA Minutes August S, 2003 Page I of 3 The required parking for a church is 1 parking space for every 3 seats in the main sanctuary. The existing sanctuary does not have fixed seating, and so the parking determination has been based on the maximum occupancy allowed for an area of this size. The building code specifies 7- square feet of ko space for each person as the maximum occupancy for a seated area. The seating area in the sanctuary is about 900 - square feet, which means that it can hold approximately 128 people according to the Building Code. This would require 43 parking spaces for the sanctuary. Parking is also required for a proposed meeting room that is about 900 -sq.ft. 1- parking space for every 200 - square feet of meeting room is required. Parking is not required for any of the other accessory uses. A total of 48 parking spaces are required for this church. No on site parking is planned. The church was built in the 1950's as the Second Baptist Church of College Station; at this time, on- site parking was not required. A Conditional Use Permit was issued in 1978 for the expansion of the facility to its existing size with a shared parking agreement with the 707 Center. As a special condition the applicant states that: "The Church facility was built before the current parking ordinance was implemented, and that there is not space around the facility that can be used to build parking. The new building is to replace two existing buildings which are in bad structural condition, contain asbestos and are unsightly". The applicant states the hardship as: " The church property, because of age and location, does not have sufficient space to provide parking. Currently parking is allowed through an agreement with the 707 Shopping Center that had been in place since 1988. Requiring the church to be in code with regard to parking would cause a hardship on the congregation because it would not provide access to the church. Ms. Prochazka ended her staff report by telling the Board that she has spoken with the management of the 707 Shopping Center about the parking issue. They indicated that they are not aware of any written parking agreement between the church and the 707 Center but say they are aware that the church uses the 707 Center for parking and they have not had any problems. The 707 Management stated they are no opposed to the variance. Chairman Hill opened the public hearing. Wing Chan Wong, Ph. D., the applicant, stepped before the Board and was sworn in by Chairman Hill. Mr. Wong spoke in favor of the variance. Paul Wu, a church member, stepped before the Board and was sworn in by Chairman. Mr. Wu spoke in favor of the variance. With no one else stepping forward to speak in favor or opposition of the variance request Chairman Hill closed the public hearing. ZBA Minutes August 5, 2003 Page 2 of 3 Mr. Goss made the motion to authorize a variance to the parking requirement from the terms of this ordinance as it will not be contrary to the public interest, due to following special conditions: because the facility was built prior to any parking requirements at the time it was constructed and the existing buildings are in need of repair; and because strict enforcement of the provisions of the ordinance would �kr result in unnecessary hardship to this applicant being: they will not be able to repair asbestos and dangerous conditions; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: the yafianee wou eur -onl as l ong as th ere r semplex. Mr. Lewis seconded the motion. Ms. Robinson told the Board that the limitation given would not be enforceable since there was no agreement in existence. Chairman Hill stated that he does not have a problem granting the church the parking variance. We would not be creating a problem or making an existing problem worse. We however would be allowing them to correct some problems with their facility. Chairman Hill ended by saying that granting the variance there could be potential issues in the area. Mr. Richards made the motion to amend the motion and delete the limitation. Mr. Wells seconded the motion. The Board voted (5 -0) to delete the limitation. The Board voted (5 -0) to grant the parking variance. AGENDA ITEM NO. 5: Consideration, discussion and possible action on future agenda items. �%r Mr. Richards reminded the Board about the Board/Orientation meeting August 18, 2003. AGENDA ITEM NO. 6: Adjourn. M The meeting was adjourned. ATTEST: Deborah Grace, Staff Assistant ZBA Minutes August S, 2003 APPROVED: Leslie Hill, Chairman Page 3 of 3