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Home My WebLink About12/04/2012 - Regular Minutes - Zoning Board of AdjustmentsHome nf'7ixasA&M f)WrersitY MEMBERS PRESENT: MINUTES ZONING BOARD OF ADJUSTMENT Regular Meeting December 4, 2012 Council Chambers 1101 Texas Avenue 6:00 P.M. Chairman Hunter Goodwin, Josh Berm, Jim Davis, Marsha Sanford, Dick Dabney, Scott Simpson, Gary Erwin STAFF PRESENT: Staff Assistant Deborah Grace - Rosier, Staff Planners Morgan Hester and Teresa Rogers, Assistant Director Lance Simms, Senior Assistant City Attorney Adam Falco, Action Center Representative Mandi Luedecke AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Goodwin called the meeting to order at 6:00 p.m. AGENDA ITEM NO. 2: Discussion of requested Administrative Adjustments. • Case # 12 -239 — 201 Holleman Drive East — Off - Street Parking • Case # 12 -240 — 4207 Norwich — Residential Dimensional Standards There were no discussions regarding Administrative Adjustments, AGENDA ITEM NO. 3: Consideration, discussion and possible action to approve meeting minutes. • October 2, 2012 meeting minutes Board Member Benn motioned to approve the October 2, 2012 meeting minutes. Board Member Dabney seconded the motion, which passed (5 -0). AGENDA ITEM NO. 4: Public hearing, presentation, discussion and possible action on a variance request to the Unified Development Ordinance, Section 7.5.N, Freestanding Commercial Signs, to allow a freestanding sign to be located at 1150 University Drive East. Case # 12- 00500206 (TR) Chairman Goodwin and Board Member Benn abstained from discussion and voting on Agenda Item No. 4. Board Member Dick Dabney assumed position as Acting Chairman. Alternate Board Members Gary Erwin and Scott Simpson also stepped in to serve during Agenda Item No. 4. Staff Planner Rogers presented the staff report and stated that the applicant was requesting a variance to allow an additional freestanding sign on the building plot. Ms. Rogers made a correction to the staff report and asked the Board to disregard staff's response to item # 3, Substantial Detriment. She ended her staff report by telling the Board that staff was recommending denial. Acting Chairman Dabney opened the public hearing. Stepping forward to speak in favor of the request was: Chris Peterson, Ronald Towery, and Chris Scotti. Stepping forward to speak in opposition of the request was: Veronica Morgan, Roger Copas, and Buck Paoline. All stepping forward to speak were sworn in by Acting Chairman Dabney. Acting Chairman Dabney closed the public hearing. There was general discussion amongst the Board. Board Member Davis motioned to deny the variance. Board Member Simpson seconded the motion. The Board continued to discuss the item. Acting Chairman Dabney called for the vote. Motion to deny passed (4 -1). Board Member Sanford voting against. Chairman Goodwin and Board Member Benn assumed their positions; Alternate Board Members Erwin and Simpson stepped down. AGENDA ITEM NO. 5: Public hearing, presentation, discussion and possible action on a sign variance request to the Unified Development Ordinance, Section 7.5.N, Freestanding Commerical Signs, to allow a reduced setback for a freestanding sign at 12850 Old Wellborn Road # 300. Case # 12- 00500210 (MTH) Staff Planner Hester presented the staff report and stated that the applicant was requesting a variance of 20 feet to the 70 -foot freestanding sign setback. She ended her staff report and stated that staff was recommending denial because staff believes that alternatives to the location of the sign could be based on moving the proposed driveway or putting the sign closer to the building in the grass area adjacent to the parking lot. There were general discussions amongst the Board. Chairman Goodwin opened the public hearing. Stepping forward to speak in favor of the request was: Chris Pletcher and Chuck Moreau. All stepping forward were sworn in by Chairman Goodwin. With no one stepping forward to speak in opposition, Chairman Goodwin closed the public hearing. Board Member Benn motioned to authorize a variance to the sign variance due to the special condition of: the railroad easement being adjacent to the property; and a hardship due to the fact of lack of signage to major a thoroughfare. Mr. Davis seconded the motion. There were general discussions amongst the Board on the special conditions of the property. Mr. Benn amended the motion to add: the unique special condition not generally found within the city; the condition and use of Old Wellborn Road. Chairman Goodwin called for the vote. Motion to approve the variance passed (5 -0). AGENDA ITEM NO. 6: Public hearing, presentation, discussion and possible action on a sign variance request to the Unified Development Ordinance, Section 7.5.Y, Signs for Permitted Non - Residential Uses in Residential or Agricultural Districts, to allow a height and area increase for a sign at 2541 Earl Rudder Freeway South. Case # 12- 00500219 (TR) Staff Planner Rogers presented the staff report and stated that the applicant was requesting a variance of 30 feet to the allowable low profile sign height and a 225 square -foot variance to the allowable low profile sign area. She ended her staff report and stated that staff was recommending denial. Chairman Goodwin opened the public hearing. Stepping forward to speak in favor of the request was: Ron Gay, Ron Walker, Jeff McDougal, and Deanne Swiertz. All stepping forward were sworn in by Chairman Goodwin. With no one stepping forward to speak in opposition, Chairman Goodwin closed the public hearing. Board Member Dabney motioned to deny the variance request. Board Member Davis seconded the motion. There was discussion amongst the Board concerning the motion. Mr. Dabney withdrew his motion. Board Member Sanford seconded the motion to withdraw. Chairman Goodwin motioned to approve the sign variance request due to the special conditions of. the low elevation of the property and the additional trees which create challenge of visibility from the highway; and subject to the following limitations of. maximum height of the sign being 15 feet, maximum size of 300 square feet, setback set as according to the freestanding sign requirements in the Unified Development Ordinance, the electronic reader board being a maximum of 30% and the message rotation change once every 24 hours. Mr. Benn seconded the motion. Motion to approve failed (2 -3). AGENDA ITEM NO. 7: Consideration and possible action on future agenda items — A Zoning Board 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. Board Member Benn asked staff to review the variance request application in regards to special conditions and hardships, especially as they relate to sign variances. AGENDA ITEM NO. 8:, Adjourn. Board Member Benn motioned to adjourn. Board Member Sanford seconded the motion, which passed unopposed (5 -0). The meeting was adjourned at 8:35 p.m. ATTEST: b Deborah Gr4ce - Rosier, Staff Assistant APPROVED: HtYr Goodwin, Chairman AFFIDAVIT OF CONFLICT OF INTEREST STATE OF TEXAS COUNTY OF BRAZOS 1, R. hunter Goodwill. as a member of the City of College Station ZBA make this affidavit and hereby, on oath, state the following: 1, and /or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the City of College Station ZBA as those terms are defined in Chapter 171, Texas Local Govei-ninent Carle. The business entity is: Kyle Legends 1. LP DBA Hyatt Place and R. Hunter Goodwin individually (have /has) a substantial interest in this business entity for the following reasons: (Check all that are applicable.) ® I own 10% or more of the voting stock or shares of the business entity; Z I own either 10% or more or $5,000 or more of the fair market value of the business entity ❑ Funds received by me from the business entity exceed 10% of my gross income for the previous year; ® Real property is itivolved and (1 /we) have an equitable or legal ownership with a fair market value of $2,500 or more; ❑ A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. tJpoii the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this 16th day of November, 2012. Y f l yF S jgnatf tre ofO ff i zr ' 11 ( "1" ,'a r .� "title EFORF; MI, the undersigned authority, on this day personally appeared " �{ k,k� tivho after being by File dhrly sworn and on his oath deposed and says that lie /she has ready the above and foregoing and that every statement contained therein is with his /lier personal knowledge and is true and correct. er r PAIGE ELAINE PADDICK Notary Public, State of Texas ;. �. My Commission Expires �'��si9t�` March 22, 2014 N' ary Publi of"Texas .. G 1'� OF Coi_1.t STATION Plmminr' ei Devr1opmerrt Brower ZONING BOARD OF ADJUSTMENT FORMAT FOR NEGATIVE MOTION VARIANCE; TO SIGN REGULATIONS: - FROM SEC'T'ION 7.5.N OF THE UNIFIED DEVELOPMENT ORDINANCE, I move to deny a variance to the sign regulations from the terms of the 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 e >i{w5 ! d A Seconded by — -- - -- _ 'b. s : •�_ _ Voting Results �bu✓ a rdc/v�- b1z� �ns� C- ct Chair Signature Gwr�%��.L.J Date �---� -- - CITY Y OF 0)f.l,RA' STA HON Planning it Developmem S'eriwey ZONING BOARD OF AMU)STMENT FORMAT FOR POSITIVE: MOTION VARIANCE TO SIGN REGULATIONS: - FROM SECTION 7.5 N. OF THE UNIFIED DEVELOPMENT ORDINANCE I move to approve a variance to the sign regulations from the terms of the ordinance, as it will not be contrary to the public interest. due to unique special conditions not generally found within the City: 9 // h�LAI ,� fla and because a strict enforcement of the provisions ofthe Ordinance would result in cnhctanlial hard thin to lhic annlicanl heinp and such that the spirit and intent of this Ordinance shall be preserved and the general interests of the public and applicant served subject to the following limitations: Motion made by Seconded by - _ Voting Results Chair Signature _ _ ° - - - e - - -- /Z -! /� k 9 ) I C� 7�. CITY OF COLLEGE STATION Planning er Development Services ZONING BOARD OF ADJUSTMENT RECOMMENDED FORMAT FOR POSITIVE MOTION I move to authorize a variance of (dimension, percent, number, etc.) to Sectionl of the Unified Development Ordinance regarding (building setback, signs, lot dimension, etc.) as it will not be contrary to the public interest, due co tot e following spec 1 l n (� � � , �� n \ tee PAo. '-�- f�e� �f -", C D 'A—, %�l�X &\T C:\ and because a strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being: subject to the c�c Motion made by Seconded by limitation(s): -� v s Ze.-V' nq� 3 oc Voting Results Chair Signature Date a ZONING BOARD OFADfUSTMENT GUEST REGISTER MW December 4, 2012 ADDRESS t0 17 54ale 41-y 30 CS 'TV TT Slq 2. 4. Cl C t ✓' �� G S � ('7 C7 (�i� -� • �!� � s , ~�.� �i.� � �c S � .� �� h v . L 5. 6. 7. A Ld Alg2 Cc Af o� k rkn. 227 (1f ftv� d �o� 1 9 70 rx 10. C d r S S C o`� . � 7 ? 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