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HomeMy WebLinkAbout04-00500275 41e111111 6,‘'leCa FOR OFFICE USE ONLY /gpLAPVt.-1 CASE NO.: Ari 5 DATE SUBMITTED: IP v—► CITY OF COLLEGE STATION Pbnnlnf ct Derslopstat SOWN! ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: Filing Fee of$150.00 application completed In full. • Additional materials may be required of the applicant such as site plans, elevation drawings, sign details ,1% and floor plans. The Zoning Official shall inform the applicant of any extra materials required. Date of Preapplicatlon Conference: APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name /stiff- Hotnr5 I ugfrIN RiKEN/i"z-- /� �� Street Address -111/ iq,0/-f-04' Pe• City (.�o/4 ,c f /a'a State -7;C:.--- Zip Code 771K� E-Mail Address Phone Number o42 -Rif Fax Number t7y'iyfl PROPERTY OWNER S INFORMATION: Name �,0y v ,,ffii Street Address / 1 /: I City glai ria- State I' Zp C de 7).-vE-Mail Address Phone Number ( -97,2 - f Fax Number LOCATION OF PRROOPER,TTY: Address /5-109 MA/Amy Coi/ Lot f Block / Subdivision t►rh.,GW-e vl.Gtvx., Description if there is no Lot, Block and Subdivision LA 4L V)ca Action Requested: (Circle One) Setback Varian : Appeal of Zoning Official's Interpretation - - king Variance Special Exception Sign Variance Other Current Zoning of Subject Property: / ) Applicable Ordinance Section: 6/13/03 Page 1 of 6 GENERAL VARIANCE REQUEST The following specific variation from the ordinance is requested: ' g‘pAlk. citopi ingl clew ‘,9YI-g1/ (Zi--01/ jripxtif. / #JE f,.% A4il 1tki,4 ,20' fi'' /4'-,p" This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must,pe due to unique circumstances involving the particular property. The unique circumstances must be related tb a physical characteristic of the property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will run with the land. Example:A creek bisecting a lot, a smaller buildable area than Is seen on surrounding lots, specimen trees. Note: A cul-de-sac is a standard street layout in College Station. The shape of standard cul-de-sac lots are generally not special conditions. Pte Ay 4iPFS tVu 4* a4//�� 4_Clayii,/, i . �f V l �b i / l vv) ,� T' 5 -f4 peeihyegAN3 , 7-4,-Kilmi An4i OW � l ��'N �� ON /gl ��9� 4 1 J`'1 y The unnecessary hardshipinvolved by meeting the provisions of the ordinance othdr than financial (s) hardship is/are: Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements of the law. The hardship must be a direct result of the special condition. Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when compared to neighboring properties.b'ppN ,NNtX� - -/ of JWi /�.� /I 6/ L I Oadc-r) kll-tii-i 1-te lifilv 417!‘goif.10 ilei)g li- Ple/i-h*M261 (!zy41 6hume0 6g ',f J'flf xi/P;Nemg ley T, /< AfW' PAW 4'Tom- /90/-;,14(170.A) • The following alternatives to the requested variance are possible: L- I �/ ! i- // . a AP* T* /9/Ki Liel/ ' IS 40f f4yr-- dIvz 'NJ i At, -Qi/qM>`n f q y ni'{i pi Prs ,at,4x ,o>z 4Lgfl . <f ,a ) # ' Ili_�v ;4" This variance will not be contraryito the public interest by virtue of the following facts: / L1,00- /yn lir -iF07-44 �A{m f_ !f(m A' w " oe )' P-' 11/?, awP/X r eCnpa y" - a7' ('O'/d /Y 7M' - AIN i-ilif - I�4- elI/ 0 . 9�� . The ap•licant has prepared this application and certifies that the facts stated herein and exhibits attached 4here • = , true, correct and complete. !L. /2 �L. a.. y Signa 're and T I e ' Date / 6113/03 Page 2 of 6 STAFF REPORT Project Manager: Jennifer Prochazka Date: December 20, 2004 Email: jprochazka@cstx.gov ZBA Meeting Date: January 4, 2005 APPLICANT: John Albernaz REQUEST: Setback variance LOCATION: 1509 Fairhaven Cove PURPOSE: To allow for the construction of a single family home that will encroach into the required rear and front setbacks. GENERAL INFORMATION Status of Applicant: Home builder Property Owner: Joy Wood Applicable Ordinance Section: Section 5.2 of the Unified Development Ordinance, Residential Dimensional Standards PHYSICAL CHARACTERISTICS Zoning and Land Use Subject Property: Zoned R-1 Single Family Residential and undeveloped North: Zoned and developed as R-1 Single Family Residential West: Out side of the City Limits and developed as Nantucket Subdivision East: Zoned and developed as R-1 Single Family Residential South: Zoned and developed as R-1 Single Family Residential Property The following dimensions are from the submitted site plan: Dimensions: -61.65' along Fairhaven Cove -55.34' west (rear property line) -125.81' north (side property line) -105.41' south (side property line) Frontage: 61.65 feet along Fairhaven Cove Access: Via driveway from Fairhaven Cove Topography & Vegetation: Relatively flat, with several mature trees O:\group\deve_ser\stfrpt\zngstfrpt\hond a.doc Flood Plain: This property is not located within the 100-year floodplain VARIANCE INFORMATION Item Background: The majority of this small subdivision was developed before the property was annexed into the City limits. The deed restrictions placed on the property prior to annexation allowed for a 10-foot rear setback. The applicant would like to construct a house approximately 10 feet from the rear property line and 20 feet from the front property line. The required rear setback for R-1 Single Family Residential is 20 feet and the required front setback is 25 feet. Therefore, the applicant is requesting a 10' variance to the required rear setback and a 5' setback to the required front setback. Special Conditions: The applicant states: "For the construction of a single family dwelling (single story) consistent with the surrounding homes that have built prior to the annexation. This variance will maintain continuity on this street." Hardships: The applicant states: "Upon annexation the required setbacks for R-1 exceed what has been accepted from the Architectural Control Committee for the surrounding homes in this area prior to the annexation." Alternatives: The applicant states: "Build a two story home, however this option would not be consistent with the area which is a retirement community of age-qualified occupants of 50 years of age or older. The other homes are single story." Another alternative is to reduce the total square footage of the proposed home. SPECIAL INFORMATION Ordinance Intent: Building setback requirements usually allow for some degree of control over population density, access to light and air, and fire protection. These standards are typically justified on the basis of the protection of property values. Number of Property Owners Notified: 13 Responses Received: None as of date of staff report O:\group\deve_ser\stfrpt\zngstfrpt\hond a.doc ATTACHMENTS Location Map Application 2 site surveys showing alternate setbacks O:\group\deve_ser\stfrpt\zngstfrpt\honda.doc December 22, 2004 TO WHOM IT MAY CONCERN: Re: Variance request for 1509 Fairhaven Cove NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is considering a variance request for the following property: Applicant: JOHN ALBERNAZ, SUNSET HOMES Subject Property: 1509 Fairhaven Cove (See attached location map.) Proposed Variance: Setback The Zoning Board of Adjustment will hold a public hearing on Tuesday, January 4, 2005 at 6:00 p.m. to consider the request. The public hearing will be held in the City Hall Council Room located at 1101 Texas Avenue South, College Station, Texas. All owners of the subject property and property owners within 200 feet of the subject property have received notification of this request. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (979) 764-3547 or (TDD) 1-800-735- 2989. For additional information, contact the City Planning Office, (979) 764-3570. JENNIFER PROCHAZKA STAFF PLANNER Q . § wC\ @® ( / '\()\ CO � � �d ` � ® * § Q # f la �• � - ,./ » x e\� © _ 0 N « o\ #47,4; } ` CI x °� :Ilm 80 ° ® d , d� � , .� 14( ( y . ~ � + � rt w " _ / ihli- 0 400 V 15a Z I « . / :\Vigheis . , �§ A �� q q A -IP \ �\ tilk : in 2a IIIW .0 titocr Ct At Illi* w a 44 / c u f §e. 2 y o ,• ` (-8? ! � ; fr CU Elni 4 :110_i: ko qN - ( ) Z 4) / } ` IP m® | �\: S ~ �j Residents of Nantucket Retirement Village, You have made a judgment that my mother,Joy Faye Wood(81 years old), cannot build a reasonably sized house (I400 sq. ft)by your appearance and lying testimony at the hearing on my mother's variance proceedings on January 4,2005. She and our builder developed a house plan to be built by the best builder in the Brazos Valley,John Albernaz of Sunset Homes. (He built the home for the building inspector of College Station and is well known for extremely high quality construction). I chose John because he is the"best", and the home would be of higher quality than anything any of you have built(I invite you to check it out.). You all built under the requirements of Nantucket Architectural Control that no longer pertains. Many of you have setbacks consistent with her requests. However, four of you have have used the new city restrictions to prevent any building at all on the lot. All of the variances were denied at our hearing on January 4,2004. As owner of the lot it is now my prerogative to use the property in any manner that I choose within the restrictions of College Station City Ordinances. You now have an example of what that might entail, and I promise that won't back off. Frankly, if you continue to screw my mother, it will be fun to screw you. Fix it, or I promise that your home values will be affected by your decisions.I have given Olive Peden the proposed house plans. I invite you to look at them and judge for yourselves whether our intent is to diminish your home values. You created this situation by the"crap"you pulled at the variance hearing. Rectify it very quickly(my mother has high blood pressure and is 81 years old)and invite my mother lovingly into your rinky dink little community, or the consequences will be played out over the next 30 years, which is the length of time I anticipate living. I have nothing to lose as long as I comply with city ordinances. You have everything to lose since those city ordinances leave a lot of leeway for me to affect your home values. Treat my 81 year old mother with respect, dignity, and appropriate behavior or the consequences will become clear over the years. Bottom line: We have only the best of intentions for the quality of your neighborhood. Please help in this endeavor. Respectfully, B. Dan Wood Professor and University and Faculty Fellow Texas A&M University Son to Joy Faye Wood who would be the best neighbor you have ever had.. ..• .:.! i_ s1 _ ,....- B. Dan Wood 4582 Sandpiper Cove College Station, TX 77845 Ms. Carla Robinson City Attorney's Office 1101 Texas Avenue College Station, TX 77842 1/13/2005 Dear Ms. Robinson: This letter is to inform you that the procedures used during the January 4, 2005 meeting of the Zoning Board of Adjustment in denying the variance associated with the construction of a new home at 1509 Fairhaven Cove were flawed and inappropriate. Here are the problems with the process. Initial Decision Biased by Ex Parte Contacts and Inappropriate Testimony of a Board Member Against the Proposed Variance Prior to the hearing, one Board member engaged in Ex Parte contacts with neighbors opposed to granting the variances. He visited the neighborhood and talked with residents. During the hearing he appeared strongly biased against the application for variances based on these Ex Parte contacts. For example,he stated without evidence that it did not appear to him that the front variance would be consistent with the neighborhood. He also stated without evidence that it appeared that all the houses were at least 30 feet from the street. He also stated without evidence that none of the residents were in favor of the variances. We also think it likely that the Board member encouraged residents to attend the hearing to speak against the variance, and he may also have advised them on particular things to say relating to health and safety. In Texas, College Station, and elsewhere,the role of a member of a Zoning Board of Adjustments is quasi-judicial and requires impartiality. The Ex Parte contacts of the Board member violate the applicant's right of due process under the 5th and 14`h Amendments to the U.S. Constitution. It is also inconsistent with Texas Municipal Zoning Law § 6.006 at 6-11 (3rd Edition 1999; see also Rathkopfs The Law of Zoning and Planning, § 57.68 at 57-136.) For a simplified explanation see the enclosed document and yellow highlighted section on pp. 11-12. Board Decision on Front Setback Was Not Based on Findings of Fact (see Texas Municipal Zoning Law § 6.006 cited above) The Board was not provided and did not obtain sufficient information to judge the actual effect of granting the variances. We measured the setbacks where possible for all houses on Fairhaven Cove, and informed Board members that we were prepared to provide this information. However, members of the Board apparently did not want the information or believe our measurements. Rather, they preferred to believe the inappropriate testimony of a Board member and the perjured testimony of two residents. Therefore, the Board's decision was not based on reason or findings of fact. Board Decision on Rear Setback Was Arbitrary and Capricious and Not Based on Findings of Fact (see Texas Municipal Zoning_Law § 6.006 cited above) The Board voted to split the decisions concerning the front and rear variances. The rear variance was also denied. However, none of the residents present said they were in opposition to the rear variance. Also, the proposed rear variance was not shown to pose a threat to public health or safety. The original rear variance prior to annexation was 10 feet, rather than the 20 feet required by the city. The requested rear variance is consistent with virtually all other homes on the street. Thus, the decision on the rear variance was not based on reason or findings of fact,but apparently on whim. Therefore, the decision to not grant the rear variance was not only devoid of a factual basis,but also arbitrary and capricious. If the outcome of these decisions is not changed, then we will be forced to build a two story structure that is inappropriate for an 81 year old woman and also more costly to build. Associated with the constraints imposed by the city,there are various injuries, including increased construction costs, mental anguish, future costs to an 81 year old woman climbing stairs over the years, the potential risk and fear of injury to an 81 year old woman, and the loss of due process property rights from Board misbehavior. Thanks for your attention to these matters. Res lly, Luta 3. B. Dan Wood Professor and University Faculty Fellow, Texas A&M University Email: bdanwood@polisci.tamu.edu Office: 845-1610\ Home: 690-0390 Representing Joy Wood, applicant From: Carla Robinson To: benn@hle.com; dbbraune@yahoo.com; Dennis Maloney; Ed Feldman; Glenn Brown; James Massey; jgoss@bruchez.com; John Happ; (hill@tca.net; madison2_4@msn.com; Nancy Berry; richards@txcyber.com; Robert Wareing; Ron Silvia; Scott McCollum; Susan Lancaster; Tom Brymer; ward-wells@tamu.edu Date: 1/5/2005 4:06:34 PM Subject: January 4, 2005 ZBA Meeting - Setback Variance Request 1509 Fairhaven Cove For your information, ZBA denied this variance request last night at it's meeting after a lengthy hearing in which a number of people spoke for and against the variance. It appears that the applicant subsequently sent a copy of the attached letter to each home on Fairhaven Cove. I am providing a copy of the letter to each of you in the event that you are contacted by anyone about this matter. Please feel free to call me if you have any questions. Carla A. Robinson Senior Assistant City Attorney City of College Station Phone: (979) 764-3507 Fax: (979) 764-3481 This e-mail and/or attachment is for the sole use of the intended recipient(s) and may contain confidential and /or legally privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all electronic and paper copies of the original message and any attachments. Thank You. CC: Harvey Cargill; Jennifer Prochazka; Joey Dunn Sunset Homes - 1509 Fairhaven Cove (04-275) ti-ut. SAM: The subject property is located in NantGcket in south College Station. The applicant is requesting a variance to allow for the construction of a single family home that will encroach into the required rear and front setbacks. Survey: Section 5.2 of the Unified Development Ordinance requires a 25 foot front setback and a 20 foot rear setback for all R-1 zoned property, the applicant is requesting a 10' variance to the required rear setback and a 5' sctk to the required front setback. The majority of this small subdivision was developed before the property was annexed into the City limits. It is unknown whether the homes built prior to an exati-ioji ee t e current R-1 setbacks. etc is oc,,k, As a SPECIAL CONDITION, theapplicant states: l vL5ItilZr1411SC-06, • 4 Is For the construction of a single family dwelling (single story) &C.0 consistent with the surrounding homes that have built prior to the annexation. This variance will maintain continuity on this street. " As a HARDSHIP, the applicant states: "Upon annexation the required setbacks for R-1 exceed what has been accepted from the Architectural Control Committee for the surrounding homes in this area prior to the annexation. " The applicant offered one alternative to the variance, stating: that he could... "Build a two story home, He adds... this option would not be consistent with the area which is a retirement community of a-- -•.�..6", - - -y. --- r. The other homes are single story. " Staff identifies another alternative as: reducing the total square footage of the proposed home. Staff has not received any comments on this case. The applicant is here to answer any of your questions... OVIW Dt cxbp-w4-16 O:\group\deve_ser\stfrpt\zngstfrpt\hond a.doc �/ m §gym $2 15! z /� �`►i�i o0g mN �� �� �� li0 8o •+ a. 9"^ii cx,� � �ax� g' ��� D 1 �''m vi tg m i o-' p- iNy> Z v' 2�rnril� x xc� i x�v� �O � �� o(n Ao°vf ti, ix m Co Z Z tmz NC O Ow � 4 , mO Cm x.,...0` ,- TpS a 00 zoZN • ST 02 Z= F'vDS C Z e o •� C2 $ 2 4.00 zE2 1N3W3SV3 Ainun E-gnd \ o oui aNd VR1V NOWWOO N 01'41'52" E 55.34' I; � � I r'�-i r I"O 1/10"1-64..r , ,rL„ A Jo' ?Or \ $m o \ \ Z O m >yo4 0 V6 oz --c zx I O�y7� o9 ` \ _ QpN_, co \ •\m _2 ty in m� gmr >r� '_.1zi Op 2\ mr w 3 r x� \ 6,� r0- s n - �\ 7 t0 00-1 t3 m n A II R II _�\**%\ \ II 11 NN�I � NNW�I-•tp ���4; o?o' /�t'e \ \ W U(gal 4.(O te , C2 .• \......... II II N 0� co -- NwmwyO o_ zx � . 01"INp oa; ......... 0 m s In i \ 1N3w3SY3 unun onend Q2 OM/ 1332115 31'IAILid z 0\ \ \ „3A00 N3AVH2ildJ„ Z om c) g= r 053 \ cl ' O r o -0ul � ' m -n r1 C ;Z ui m 3 (.1 t-% Z Pim \ \ TRANSMISSION VERIFICATION REPORT TIME : 12/23/2004 09: 35 NAME : COCS DEVELOPMENT SER FAX : 9797643496 TEL : 9797643576 SER. # : EROE2J341073 DATE,TIME 12123 09:34 FAX NO. /NAME 96940481 DURATION 00:01: 07 PAGE(S) 04 RESULT ST MODE STANDARD ECM .../1111111111111111 CITY OF COLLEGE STATION Plant:it:g du Development Sery ccs 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 FACSIMILE COVER SHEET Date: _ # of pages including cover: I-A- lf you did not receive a complete fax, please call our office immediately for a new transmittal. TCS: C FAX: \ COMPANY: RE: rtvAQ. . • liik E �� FROM - 0Q COMPANY: City of College Stanton Agenda College Station Zoning Board of Adjustment City Hall Council Chambers (10.1r#H511111114 1101 Texas Avenue Tuesday, January 4, 2005 6:00 p.m. CITY OF COLLEGE STATION Planning&Development Services 1. Call to order—Explanation of functions of the Board. 2. Oat of Office and Statement of Appointed Officer—Graham Sheffy. 3. Consideration, discussion and possible action of absence requests. 4. Consideration, discussion and possible action to approve meeting minutes from August 3, 2004. 5. Public Hearing, presentation, discussion, consideration and possible action, to approve a variance for 1509 Fairhaven Cove, Lot 8, Block 1, Fairhaven Cove Subdivision. The applicant is Sunset Homes. 6. Discussion of Administrative Adjustments approved by city staff. 12900 Old Welborn Road (04-197) 306 Onyx (04-218) 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. 8. Adjourn. Consultation with Attorney {Gov't Code Section 551.071;possible action. The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney-client privileged information issues arise as to the posted subject matter of this Zoning Board of Adjustments meeting,an executive session will be held. The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. 12/16/2004 11:49 FAX 9797740053 THE EAGLE Z001/001 NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment will hold a public hearing to consider a variance for 1509 Fairhaven Cove, Lot 8, Block 1, Fairhaven Cove Subdi- vision. The applicant is Sunset Homes. // ft� .. The hearing will be held in the Council Room of the Col- Ae lege Station City Hall, 1101 Texas Avenue at the 6:00 p.m. meeting of the Board on Tuesday, January 4, 2005. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. \ ; / To make arrangements call 979.764.3547 or (TDD) /2C, 1.800.735.2989. For additional information, please contact me atm 979.764.3570. JENNIFER PROCHAZKA STAFF PLANNER 12-22-04 „Sq -2If Fyeo ool a79s1 / 519't55,- • • AUTM.NO. DATE DEPT, INITIALS 0 TAKE fi Ih5Q".....,.,_ DAY YP.. ❑SEND s a QUAN. Q /� SCRIPTION J l UNIT COST AMOUNT e,.. )d i a t 4 4 4 d a. Thu issues of the turd iderfAed on!hit iie'ii outherl�d!o p .moun!shown ••TOTAL SSB Vii. upon rrecer rUee'elioa-I proa.Po➢ce fo<h LOQ[Bo eelh.r.mb eny at es shags dueathwean) ' / su6letl io and in actosdaa<e with tl,e apseameae go.ruin`the au a!such card TOTAL 'S 6 : SIGN V TAX HERE /� I Bank of America. , SALES SLIP TOTAL ,G 4 !s� i ® ocyU!eo oeaor i._ v LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY, DECEMBER 22, 2004 ONLY DEBORAH GRACE BILL TO: The City of College Station P.O. Box 9960 College Station,TX 77842 MasterCard# 5478-9900-0018-2794 Expires 03/07 NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment will hold a public hearing to consider a variance for 1509 Fairhaven Cove, Lot 8, Block 1, Fairhaven Cove Subdivision. The applicant is Sunset Homes. The hearing will be held in the Council Room of the College Station City Hall, 1101 Texas Avenue at the 6:00 p.m. meeting of the Board on Tuesday, January 4, 2005. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or (TDD) 1.800.735.2989. For additional information, please contact me at 979.764.3570. JENNIFER PROCHAZKA STAFF PLANNER LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY, DECEMBER 22, 2004 ONLY DEBORAH GRACE BILL TO: The City of College Station P.O. Box 9960 College Station,TX 77842 MasterCard # 5478-9900-0018-2794 Expires 03/07 NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment will hold a public hearing to consider a variance for 1509 Fairhaven Cove, Lot 8, Block 1, rtttelfet Subdivision. The applicant is Sunset Homes. cLtV' a.1,-e•-<&. CIN-t. The hearing will be held in the Council Room of the College Station City Hall, 1101 Texas Avenue at the 6:00 p.m. meeting of the Board on Tuesday, January 4, 2005. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call 979.764.3547 or(TDD) 1.800.735.2989. For additional information, please contact me at 979.764.3570. JENNIFER PROCHAZKA STAFF PLANNER r m g r J2222% 2 a2 m N mn% Om T 0 NU - E . 2= - AAaAllea Fel314SetimNrmm mmEEm`ala ' ♦xf«MY4#41(41#k _ l 3 --.'4-,7d m %C m 6 E cnE zo mW -.,7,E 2-6%7, � 1111 • p � ` EwEd� o EEms R : myr :rag E Ev Nmcc m LC `WC lit I I I M � NOm_ EEocnm Atirtir V° OP ^ OO VN UOa, 2. m0 .1=07\1 ~N mNT �om 14 Z N .�� , `7 Eg: CjOTT .O Om mnnO ,0`. m'oCK . 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Ph. # (979)- 680- 1033 Sender: John Albernaz Date: -1/ Time: l .yd / PM Attention: U ifs Destination #: 7�/,.-57 Company: � Q� 2l� Message: n aff, 41/ ./P/0-1,Y 1C(411061( 11-14-iffiAP /45/1 A 171WIAW. 5:4vg 1444.9 ) C,oY1 Notice: This message is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged,and confidential If the reader of this message is nut the intended recipient or employee or agent responsible for delivering it to the intended recipient YOU NOTIFIED That reading,disseminating,distributing,or copying this communication is strictly prohibited Ifyou have received this communication in error,please IMMEDIATELY notij5 us by telephone and return the original message to us via US mail. Thank You 13 January 2005 Zoning Board of Adjustments City of College Station 1101 Texas Avenue College Station, TX 77842 Dear Sirs: This letter is a request for a rehearing of the application for variances associated with the construction of a new residence at 1509 Fairhaven Cove in College Station. At the hearing on January 4 we applied for a reduction of the front variance from 25 ft. to 20 ft, and the rear variance from 20 ft. to 10 ft. We are now providing measurements in writing to show that granting BOTH the front and rear variances would not be inconsistent with the surrounding homes. Address Front Setback Rear Setback 1502 Fairhaven 24.5 feet Couldn't measure (no line) 1504 Fairhaven 20 feet Couldn't measure (no line) 1506 Fairhaven >25 feet Couldn't measure(no line) 1510 Fairhaven 24 feet 10 foot 1514 Fairhaven 24.5 feet 10 foot 1513 Fairhaven 23.5 feet 10 foot 1511 Fairhaven >25 feet 10 foot 1509 Fairhaven Proposed 20 feet Proposed 10 foot 1507 Fairhaven 25 foot Could not measure (no line) 1503 Fairhaven 25 foot Could not measure (no line) Please note also that even though it may appear here that the residence at 1509 would be inconsistent with the residences at 1507 and 1511, the front of the proposed construction at 1509 Fairhaven would actually fall several feet behind the front of the home at 1507 Fairhaven because of the shape of the lots. Your consideration of this matter is appreciated. S ncerely, John Albernaz Sunset Home 680-1033 4\ `� ; Ti 0 � � Q Jam Free Printing MMINwww.avery.com C\ AVERY® 5960101 Use Avery®TEMPLATE 5960TM ...._ 1-800-GO-AVERY ZOLIN,EMILY PADEN,OLIVE I HILL,KIMBERLY W&JEFFREY D 1514 FAIRHAVEN CV 1513 FAIRHAVEN CV 116 WALNUT TREE LP COLLEGE STATION,TX 77845-9300 COLLEGE STATION,TX 77845-9300 GEORGETOWN,TX 78628-2031 SLISHER,CHARLES H REVOCABLE GODWIN,JEAN MARIE& BOYD,CHARLES W&PATSY J TRUST1506 FAIRHAVEN CV DAVID PEARCE GODWIN 1510 FAIRHAVEN CV4402 WOODLAND RIDGE DR COLLEGE STATION,TX 77845-9300 COLLEGE STATION,TX 77845-9300 COLLEGE STATION,TX 77845 KULTGEN,PAT M MUNOZ,DOMINGO&MIGUELA HOBSON,PHYLLIS JEANNE TRUSTEE 1503 FAIRHAVEN CV 1504 FAIRHAVEN CV 9304 CHADWICK LN COLLEGE STATION,TX 77845-9300 COLLEGE STATION,TX 77845-9300 COLLEGE STATION,TX 77845-8785 THORN,JOYCE G NANTUCKET,LTD 1502 FAIRHAVEN CV 9304 CHADWICK LN COLLEGE STATION,TX 77845-9300 COLLEGE STATION,TX 77845-8785 SS LS-Still XZ`NOI.LV.LS HDH'TIOD 00£6-S178LL XZ`MOLLY'S HDHTIOD NI)IDIMGVHD V0£6 AD NHAVHIIIVd ZOS I G.L"I`,1.2?I3f1.LNVNNI D HDAOf`NUIOH,L 4 S8L8-SV8LL XI`NOLLV.LS HDH'I1OD 00£6-S178LL XZ`MOLLY'S HDH'I'IOD 00£6-SV8LL XZ`AIOI.LV.LS HOH'I IOD 117)IDIMGVHD 170E6 AD 1NIHAVHHIIVd VOS I AD 1dIAVHHIIVd £OS I 33.LS112LL 3NMV3f SITIAHd`NOSHOH Y'Idf1JINI w ODNIY\IOG`ZONf1Nt Ni Did`1NIHD.L'If1NI SV8LL XI`NOI.LY.LS HD3TIOD00£6-Sb8LL XZ'MOLLY'S LS HOH I IOD 00£6-Sb8LL XZ`1NIOLLY.LS 3DTh IOD NG HDGRI GAIV'IGOOM ZObb AD 1�IHAVH2IIV3 90S I AD AIHAVHUIIVd OM S I I•IIMGOD 3D2IVHd GIAVGf AS LVd?8 M SHT2IVHD`G.LO I .LSf12LL ?8 HRIVY'i fora`NIMGOD H'IHVDOAH2I H STIIIVHD`UIHHSI'IS I EOZ-8Z98L XZ`NMO.LHDuioao 00£6-SPBLL XZ`NOI.LVIS HDHTIOD 00£6-S178LL XZ`NOI.LV.LS HDTTIOD d'I HH2I.L. 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