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Home My WebLink About07-284fprzSIIII% FOR OFFICE USE ONLY CASE NO.: 01 ago DATE SUBMITTED: I ' V,CU:€V OF COL1SCE STATIONN ldrinmg.Cfrpi.E1uf>sssr >S4;'aeM V ZONING BOARD OF ADJUSTMENT APPLICATION 4 11(1) MINIMUM SUBMITTAL REQUIREMENTS: J $150 Filing FeeL7 Application completed in full. Additional materials may be required of the applicant such as site plans, elevation drawings, sign detailsandfloorplans. The Zoning Official shall inform the applicant of any extra materials required. Date of Preapplication Conference: 06-c ec46 APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name kms//Al Street Address /725 /-/A (/Oy ,W/7 :74 Z- P&Aly City COLL6-- ---.sT-0T/Oit/, 'T State 7,c Zip Code ,77, itoOgg E-Mail Address , Phone Number 979-4Z2-0g 3 3 Fax Number PROPERTY OWNER'S INFORMATION: Name 5f4444- Street Address City State Zip Code E-Mail Address Phone Number Fax Number LOCATION OF PROPERTY: Address d3/&5 z, Lot / Block dA/6" Subdivision 55I/E -TL,4,1/.17 .-41,81j/V/5//N Description if there is no Lot, Block and Subdivision Action Requested: (Circle One) CSet ac1LVariance-Th Appeal of Zoning Official's Interpretation Parking Variance Special Exception Sign Variance Drainage Variance Other: Current Zoning of Subject Property: A -OK' Applicable Ordinance Section:2/Po 4r/ ' Page 1 of 6 GENERAL VARIANCE REQUEST The following specific variation from the ordinance is requested: I E PLJC. A- dA/7' $z,Z11. i/Ai 5 T , L/,i/E =7,4 17" 5l 7Z7 -3S/ This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving the particular property. The unique circumstances must be related to a physical characteristic of the property itself, not to the owner's personal situation. This is because regardless of ownership, the variance willrunwiththeland. 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. Al/7-7/4 s4 L/}1227 , 'ZA/i(/ Ti¢V4 YE 5%>v T,4' LANU> AL DAta- T,j,<E t 7,/4 A/ -s/rik'7-6,/t.; I=e The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial 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. P. OP k7Y t'?/f-1/c4/ 4 0,00 ARE W/Tf//N alt' ,=-L d b.1:WAy. //.0410 YAl 7,41E- T.Z c X" /it/ES J4 / 7 Z 6"-A i1E- AAI A P 6A1L-y 9,60e 5 / i p G40A/S7—, UT/GiV, The following alternatives to the requested variance are possible: 77/lk— PWz9P•o1' bAcR G///Es "razz/4.P 7,4'i//,Lbf4/Lc A1`EA 770 //, 160 , . WA(/C,41 Gi1O1/L ' Pied S//15E sfl plc —v,- Sr4cE- X.e5- A •R 5/1>E.A14'E re"F sm-'/IA,z This variance will not be contrary to the public interest by virtue of the following facts: T GV/L[. ,4l4/A/774/,/ 7/14- ‘54/4Z/TY d ?WE-,01/ / w SOR-f/Cc)I' 1T /LG P,,eeV/vim A 7'ucA" -1f,?A/ sur v 1,ver/c741 Ce://riZE/S1 TL.>' V VE.4 T The applica . •repared this application and supporting information and certifies that the facts s - s-d herein and exhibits attached hereto are true and correct. IF APPLICATION IS FIL = NY. E OTH; R THAN THE OWNER OF THE PROPERTY, APPLICATION MUST BE CO -A - ' Y A PO ER F ATTORNEY STATEMENT FROM THE OWNER. Ili ._ 4/ zoo 7 Signatures *A e (or a. • or app ant Date Page 2 of 6 He stated that in order for this project to go forward as stated in Chapter 13, Section 5-G — Special Provisions for Floodways, a variance must be granted for the encroachment in the floodway and a flood study done showing a zero rise. He ended by saying the applicant hired a firm to conduct the flood study and it has been done and he has recognized it as being adequate. Chairman Goss stated that the Board grants variances if there is a special condition or hardship and if it is a financial hardship they can not consider it. Mr. Gibbs stated that the distinction here would be that the basketball court and restrooms exits today. Chairman Goss opened the public hearing. With no one speaking before the Board, Chairman Goss closed the public hearing Mr. Benn motioned to approve a variance from the terms of this Ordinance because undue hardship on the owner will result from strict compliance with those requirements, to wit: there is no suitable location in which to move the pavilion out of the floodplain; and because: special circumstances or conditions affect the land involved such that the strict compliance with the provisions and requirements of this chapter will deprive the applicant of the reasonable use of his land, to wit: the property is almost entirely in the floodplain; the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, to wit: the ability of its citizens to safely use the property. Mr. Richards seconded the motion, which passed (4-1). Mr. Braune voting against granting the variance. AGENDA ITEM NO: 9: Public hearing, presentation, possible action and discussion on variances to the Unified Development Ordinance, Section 7.4 for 1500 Harvey Road, Block 1, Lots 4-A,4-C, and 5-A of the Post Oak Mall Subdivision. Case#07-00500268 This item was pulled by the applicant prior to the start of the meeting AGENDA ITEM NO. 10: Public hearing, presentation, possible action, and discussion on a variance to the Unified Development Ordinance, Section 7.2 I regarding the number of off-street parking spaces required at 4304 Harvey Road, for a portion of Lot 1, Block 1, Harvey Hillsides Subdivision. Case#07-00500270 The Board moved to Agenda Item 11 due to the applicant not being present for this item. AGENDA ITEM NO. 11:: Public hearing, presentation, possible action, and discussion on a variance from the Unified Development Ordinance, Section 5.2as it relates to the front setback form 3105 Freneau Drive,Lot 1,. Block 1 of the Sweetland Subdivision. Case#07-00500284 Staff Planner Lindsay Boyer presented the staff report and stated that the applicant is requesting the variance to reduce the front building setback line from 50-feet to 35-feet for the construction of a new home. Chairman Goss opened the public hearing. Those speaking in favor of the variance request: 9 Chris Galindo, 3107 Rolling Glen, Bryan,Texas. Kevin Sweetland, 1725 Harvey Mitchell Parkway, College Station, Texas Jody Sweetland, 1725 Harvey Mitchell Parkway, College Station, Texas Those speaking in opposition of the variance request: Charles Conrad, 1505 Frost, College Station, Texas All speaking before the Board were sworn in my Chairman Goss. Chairman Goss closed the public hearing. Mr. Braune motioned to deny a variance to the minimum setback from the terms of this Ordinance as it will not 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. Richards second the motion,which passed unopposed (5-0). AGENDA ITEM NO. 10.: Public hearing, presentation, possible action, and discussion on a variance to the Unified Development Ordinance, Section 7.2 I regarding the number of off-street parking spaces required at 4304 Harvey Road, for a portion of Lot 1, Block 1, Harvey Hillsides Subdivision. Case#07-00500270 The applicant arrived at the meeting and was ready to have their case heard. Staff Planner Lindsay Boyer presented the staff report and stated that the applicant is requesting the variance to reduce the number of required parking spaces by six in order to enclose the outdoor pit area, add a hallway to enclose the existing outdoor restrooms, and to add a walk-in cooler. Chairman Goss opened the public hearing: Those speaking in favor of the parking variance: Rabon Metcalf, 1391 Seamist, College Station, Texas Floyd Manning, 3965 Pate Road, College Station,Texas Jo Manning, 3695 Pate Road, College Station, Texas Floyd and Jo Manning stated that they would love to totally remodel the building and add on to the store, but TXDOT said if they did anything that requires them to bring it up to code they would have to redo their entrance up front and then they would lose their parking up front. All speaking before the Board were sworn in by Chairman Goss. Chairman Goss closed the public hearing. Josh Benn made the motion to authorize a variance from this Ordinance as it will not be contrary to the public interest, due to the following special conditions: previous special exception to operate as a 10 ff411414 CITY OF COLLEGE STATION Planning d Development Services 1101 Texas Avenue, PO Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 December 4, 2007 RE: Variance Case 07-00500284 — 3105 Freneau Drive Dear Mr. Sweetland: The Zoning Board of Adjustments voted (5-0) to deny the variance for the front setback requirement for the above-referenced case. This vote was taken at the Board's regular meeting on December 3, 2007 For further information, please contact me at 979.764.3784. Sincerely, Deborah Grace-Rosier Staff Assistant Secretary to the Board PC: File Sent via e-mail STAFF REPORT Project Manager: Matt Robinson, Staff Planner Report Date: November 13, 2007 Email: mrobinson@cstx.gov Meeting Date: December 3, 2007 Project Number: 07-00500284 APPLICANT: Kevin Sweetland REQUEST: Front Setback Variance LOCATION: 3105 Freneau Drive, Lot 1, Block 1, Sweetland Subdivision PURPOSE: To reduce the front building setback line from 50 feet to 35 feet for the construction of a new home GENERAL INFORMATION Status of Applicant: Owner Property Owner: Kevin Sweetland Applicable Ordinance Section: UDO Article 5.2, Residential Dimensional Standards PHYSICAL CHARACTERISTICS Zoning and Land Use Subject Property: A-OR, Rural Residential Subdivision, currently undeveloped North: R-1, Single Family Residential, currently developed as single-family residential (Estates of Indian Trail Subdivision) West:A-OR, Rural Residential Subdivision, currently developed as single-family residential (Estates of Indian Trail and Foxfire Subdivisions) East: A-OR, Rural Residential Subdivision, currently developed as single-family residential (Foxfire Subdivision), South: A-OR, Rural Residential Subdivision, currently developed as single-family residential (Foxfire Subdivision) Frontage: The property has approximately 360 feet of frontage on Freneau Drive. Access: The property has access to Freneau Drive. Topography& Vegetation: The property is heavily wooded and slopes to the north towards the creek. Flood Plain:The majority of the subject tract is covered by FEMA-identified floodway and floodplain. VARIANCE INFORMATION Background:The subject property was brought into the City's ETJ in 1971 and was annexed into the city in December 1993. The property was rezoned A-OR, Rural Residential at the request of the property owner by the City Council in March 2007. A-OR carries a minimum front setback of 50 feet. A Final Plat of the property was approved by the Planning and Zoning Commission in May of 2007. The property is 86,850 square feet (1.99 acres), of which 66,300 square feet is covered by floodplain or floodway leaving 9,600 square feet of buildable area taking into consideration the A-OR setbacks. The applicant is proposing to construct a 4,000 square foot home on the property. The current configuration requested encroaches into the 50- foot front setback. The appliance would like a 35- foot front setback; thus, he is requesting a front setback variance of 15 feet. ANALYSIS Special Conditions: The applicant states that there is a creek with a floodplain traversing the land along the northern side of this property. The applicant notes that reducing the front setback to 35 feet would provide sufficient space for a residence of similar size and quality as the adjoining properties. Hardships: The applicant states that the property covers 86,950 square feet of which 66,300 square feet are within the floodway and floodplain. Honoring the required setback lines would leave an area of 9,600 square feet for construction. Alternatives:The applicant did not state any alternatives to the variance request. Staff has identified that the owner could reduce the size of the building or reconfigure the structure to meet the required setbacks. Recommendation:Staff recommends denial for this variance request. While staff recognizes the limitations placed upon the property due to the amount of land located within the floodway and floodplain, 9,600 square feet should be sufficient area in which to construct a single-family 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 property values. Number of Property Owners Notified: 10 Responses Received: None to date of the staff report ATTACHMENTS 1. Small Area Map and Aerial Map 2. Application 3. Site Photographs 4. Site Plan (provided in packet) Charles and Betty Conrad 1505 Frost Drive College Station, TX 77845 November 27, 2007 Matt Robinson Project Manager Planning and Development Department 1101 Texas Avenue College Station, TX 77842 Dear Mr. Robinson: We would like to express our opposition to the recent request for a variance to the setback rules for property located at 3105 Freneau Drive. We did not contact the committee when the tract was rezoned last spring because we were confident that the existing regulations and the realities of gravity and water flow during the floods that frequent the property would prevent construction. This property has changed hands a number of times during the 18 years we have lived next to it, in spite of abundant information in the public record indicating that purchasing it as a homesite would be foolish. Some ofthose purchasers spent substantial sums for site analysis, even including expensive 3D surveys, but all ofthem eventually accepted their mistake for what it was and moved on. This the first time that a purchaser has asked the city to intervene, change established rules, and bail him out. We oppose the variance for two reasons. First,there are good reasons for leaving the property in its current condition. It is an established greenspace that separates both Section I of Foxfire and Indian Trails from major utility easements, including a natural gas pipeline that is large enough that ExxonMobil sends out annual warning letters to nearby homeowners. It will serve an even more valuable buffering function should the city use adjacent property north of the lot for a north-south street. The property also provides a safe transit corridor for wildlife, including large numbers of deer who would otherwise be forced onto heavily-traveled Frost and Foxfire Streets. Finally, constructing a house on the small segment of the lot that lies outside of the federal flood zone, and connecting the home's wastewater system to the sewer line at the back of the property is likely to disturb water flow in the flood zone. At present the floods skirt our outbuildings and three homes in Indian Trail with very little space to spare. The connection simply cannot be made without either burrowing under a ten-foot deep creek or building a reinforced drain pipe across the creek, both of which threaten the existing buffer between the flood path and existing buildings. Second, the request itselfis problematic. It places the planned house on top ofan existing underground electrical line, and it would increase rain runoff into the Freneau Street drainage ditch. This ditch empties into the creek that creates the flood zone. When the property was rezoned last spring the Council required the owners to build a large, paved turnaround for emergency vehicles. This construction will significantly increase the runoff problem when compared to normal construction. As we understand the law, offset rules exist for very good reasons, and variances are granted only when there are compelling reasons for doing so. In this case there are none, and there are multiple reasons to reject the request. Sincerely, 16, Charles and Betty Conrad CC: Matt Robinson and Members ofthe P&D Committee December 3, 2007 To: Zoning Board of Adjustment From: Stephen W. Searcy JG%eleri GU 2President, Foxfire Homeowners Association Subject: Opposition to request for setback variance at 3105 Freneau Drive I received from city staff last week information on the request for variance to the 50 foot setback requirement for a planned home development at 3105 Freneau Drive. I would like to start by commending city staff for making the effort to inform the neighborhood association of the request and the hearing date. Maintaining effective communication about issues of interest is clearly a focus of city staff, and is to be applauded. Upon learning of the variance request, I shared the available information with the members of the Foxfire HOA Board of Directors, and asked their opinion on whether our board should take a position regarding this variance request, and if so, what that position should be. At the time of this writing (with 6 of 9 members responding), the unanimous decision of the board is to activelyopposethesetbackvariance. While the home planned for the site might be similar to the rest of the homes in Foxfire in size, construction with reduced setback would not be. One of the features of our subdivision is that we all have relatively large lots that accommodate the 50 ft. setback. Often homes greatly exceed the required setback, giving the rural feel that makes Foxfire an attractive subdivision for both current and potential home owners. A home that is only 35 ft. from the street will be an oddity in our neighborhood. As the city staff state, there is sufficient land space outside of the flood plain for the home of the size that they plan. It should be incumbent upon the land owner to develop a site plan that is within the city requirements and the Foxfire deed restrictions. We have an Architectural Control Committee (ACC) that must approve all construction for adherence with our deed restrictions, and that committee is unlikely to approve a construction plan that would be in violation. Approval of this request by the ZBA would likely put the property owner in conflict with the homeowners association if they went ahead with construction without the approval of the Foxfire ACC. Unfortunately, no member of the Foxfire HOA board is able to appear at the meeting to present our opposition to the variance request in person. I hope you understand the need for this written statement and will afford it the same level of weight as if we were present in the hearing room. Page 1 of 1 Lindsay Boyer- 07-00500284 41111111111111 From: "Stacy Gunnels" <gunnels@iolbv.com> To: mrobinson@cstx.gov> Date: 12/1/2007 12:36 AM Subject: 07-00500284 AS I worked with the city to develope the AO-R designation for a subdivision and having served for 12 yrs on theFoxfireArchitecturalCornandalsoontheBoardIsupportthestaffsrecomendation. AO-R was designed to maintain the rural flavor and not be like an R-1 subdivision. Also when designing a home on a difficult lot youmakethehomefitthelotnotthelotfitthehome. I understand that sometimes variances are necessary but thisdoesnotappeartobethecaseinthisinstance. Also I live on the center lot on Howe St. which is very near theconstructionsite. Stacy Gunnels 1007 Howe Dr. 693-6593 file://C:\Documents and Settings\lboyer.CSTX\Local Settings\Tema\XPGrnWise\475111il 1 w1i)nnY November 19, 2007 TO WHOM IT MAY CONCERN: NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is considering a variancerequestforthefollowingproperty: Applicant: KEVIN SWEETLAND Subject Property: 3105 FRENEAU DRIVE See attached location map.) Proposed Variance: FRONT SETBACK VARIANCE Property Zoning: A-OR —AGRICULTURAL OPEN The Zoning Board of Adjustment will hold a PUBLIC HEARING on Monday,December 3, 2007 at 6:00 p.m. to consider the request. The PUBLICHEARINGwillbeheldintheCityHallCouncilChamberslocatedat1101TexasAvenue, College Station, Texas. All owners of the subject property and property owners within 200 feet of thesubjectpropertyhavereceivednotificationofthisrequest. The PUBLICHEARINGisyouropportunitytospeakinfavoroforinoppositiontothevariancerequest. If you are unable to attend the PUBLIC HEARING but would like your opinion relayed to the Board, please contact the Project Manager listed below. Any request for sign interpretive services for the hearing impaired must be made48hoursbeforethemeeting. To make arrangements call 979.764.3547 or (TDD)1.800.735.2989. For additional information, contact the Planning & Development ServicesDepartment, 979.764.3570. MATT ROBINSON Project Manager LEGAL NOTICE DATE TO BE PUBLISHED: FRIDAY,NOVEMBER 16, 2007 ONLY Deborah Grace-Rosier BILL TO: The City of College Station P.O. Box 9960 College Station, TX 77842 NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment will hold a public hearing to consider ack) a4- setback variance for 3105 Freneau Drive. The hearing will be held in the Council Chambers of the College Station City Hall, 1101 Texas Avenue at the 6:00 p.m. meeting of the Board on Monday, December 3, 2007. 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. 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