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HomeMy WebLinkAbout05/06/2003 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment May 6, 2003 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Leslie Hill, Graham Sheffy, John Richards, Rodger Lewis & Dick Birdwell. MEMBERS ABSENT: Alternates: Denise Whisenant, Randal Allison & Jay Goss (not needed). STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners' Molly Hitchcock & Jennifer Porchazka, 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. There were no requests to consider. AGENDA ITEM NO. 3: Consideration, discussion and possible action on approval of meeting minutes from April 1, 2003. Mr. Birdwell made the motion to approve the minutes as submitted. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Public hearing, presentation and possible action on a variance at 2307 Texas Avenue South, lot 1 -A, block 1, Kirkpatrick Subdivision. Applicant is Premier Builders. (03 -85) Staff Planner Prochazka stepped before the Board and presented the staff report. Ms. Prochazka told the Board that the applicant is requesting a parking variance to reduce the required parking for a proposed retail shopping center from 96 spaces to 80 spaces (17% reduction). Shopping Centers with less than 75,000 -sq. ft. requires 1 parking space for every 150 sq. ft. Any development with 3 or more retail tenants is considered a shopping center in the Zoning Ordinance. A site plan application was submitted for the development of a shopping center with three retail tenants in the location of the old quicker sticker on Texas Avenue next to the Epicures Catering. As a special condition the applicant states is that a 24 -foot access easement runs down the entire side of the property. The applicant provided no alternatives. ZBA Minutes May 6, 2003 Page l of 3 Chairman Hill opened the public hearing for those wanting to speak in favor of the request. Larry Hodges, owner of Copy Corner, stepped before the Board and was sworn in by Chairman Hill. kw Mr. Hodges spoke in favor of the request. Mr. Hodges stated that they are limited without being able to park on the entire south side of the property due to the utility & access easements. Mr. Hodges told the Board that Copy Corner; a college bookstore and Kolache Rolf s will occupy the building. Mr. Hodge's ended by telling the Board that Copy Corner's space will have a second story loft for storage, an office and a breakroom. That area will not be accessible by the customers. Leslie Frigenbaum, owner of the pawnshop next door, stepped before the Board and was sworn in by Chairman Hill. Mr. Frigenbaum spoke in favor of the request. With no one else stepping forward to speak in favor or opposition of the request Chairman Hill closed the public hearing. Mr. Birdwell made the motion to authorize a variance to the parking requirements from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: about 30% of the floor space is on the second floor and will not be used by customers; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: inability to complete a desirable project as planned; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: a minimum of 80 parking spaces. Mr. Lewis seconded the motion. Chairman Hill made clarification to the motion adding that it would be about 20% of the second floor space that would not be used by customers. The motion was amended to read 20 %. Mr. Birdwell added that without the second story in Copy Corner the project would clearly have adequate parking. He added the tenants that are planned for the shopping center would all have different peak business hours. Chairman Hill stated his concern is for the future. If a variance is granted some day another business could come in with higher traffic. That is the type situation the ordinance is here to address. Mr. Hodges told the Board that he would be willing to limit the restaurant square footage to the 1200 sq. ft. Ms. Robinson stated that would not be enforceable. Chairman Hill called for the vote. The Board voted (5-0) to grant the variance. ZBA Minutes May 6, 2003 Page 2 of 3 AGENDA ITEM NO. S: Consideration, discussion and possible action on future agenda items. 4 , No items were discussed. AGENDA ITEM NO. 6: Adjourn. The meeting was adjourned. APPROVED: Leslie Hill, Chairman ATTEST: Deborah Grace, Staff Assistant �%, ZBA Minutes May 6, 2003 Page 3 of 3