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HomeMy WebLinkAboutApplication (2)(*Oro" CITY OF COLLEGE STATION Havre ofTe asA&Ivl University' 31►~1;TP FOR OFFICE USE ONI Y CASE NO.: DATE SUB TIME.. STAFF: ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: $250 Zoning Board of Adjustment Application Fee. ❑ Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. ❑ Additional materials may be required of the applicant such as site plans, elevation drawings, sign details, and floor plans. The applicant shall be informed of any extra materials required. Date of Optional Preapplication Conference ADDRESS 6©q / i, Col ►'1 / 81k LEGAL DESCRIPTION (Lot, Block, Subdivision) Lloyd- d- Sm, Lo7" 2 3 1APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Tom 8,ione5 E-mail tP1'00y4eS(9 ws'ckSovf,wife, less- Corp Street Address 3yl 6rreen leccF LAn e city &YAM State Zip Code 2868 Phone Number 92q - ,iW 51_S9 Fax Number f 79 - ..S$ 9 Z $S6 PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): )f~ Name FIGNK !'l e( ft~1 E-mail g4QS0wortho✓1L`rte~COWI Street Address 1 t 580 rpl d Aiv-,Ie I City Glle__,STz,I"con State 7X Zip Code 7 2$ yS Phone Number W " 3.x.1 Fax Number Current zoning of subject property Action requested (check all that apply): A Setback variance ❑ Parking variance ❑ Sign variance Lot dimension variance Applicable ordinance section to vary from: 5ecifoh 5.Z - ResiC,~Ghrr6~~ ~ime~tsior7w~ Sranc~rc(s - a 4 W144% ❑ Appeal of Written Interpretation ❑ Special Exception ❑ Drainage Variance ❑ Other 10/09 Alt%- Side str-e6- SA-~(,o t Page 1 of 5 25 GENERAL VARIANCE REQUEST 1. The following specific variation from the ordinance is requested: Variance is requested from the required 50' minimum lot width to 46', 46', and 47' widths as shown on (G the attached proposed replat. A Vari S a15a re -EY-u ict ¢ e UwQ6 V- q Y ov1 D lp•5 0n yrM,4 !or eP 0'~. 2. his 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 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 conuuwn5. Owner has agreed to dedicate 11' of width adjacent to Lincoln to the City for the City's use. This dedication reduces owners property to 139' wide from 150' thereby reducing the width of two lots by 4' and one by 3'. This variance is not necessary without the dedication to the City. 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 A e.44.4 tILS The ordinance related to width minimums becomes a hardship once the land dedication to the city is taken into account. Additionally, the location of flood plain and desire to locate drives off the main street (Lincoln) makes it more practice to replat the lots towards Churchill. rL_ c_u_..:....u„~.. c-. +n fha rarf leSterl variance are possible: 4. 1Ile IVIIUwln l a~~c,uou...., - Lots can be left facing Lincoln. T:_..__:____ ...:u r. k~ .,+rnr" +n tha n.Ihlir. interest by virtue of the following facts: o. I nis valiance M nvl w r--"- 1) Public will receive dedication of land requested. 2) Lots will be wider than 7 of the existing 12 lots on the street. 3) Lots will be approximately 6,440 square feet, larger than the 5,000 sf required by ordinance. 4) Use will conform with several new homes that have been built recently in the immediate area. 5) Variance will allow additional tax roll value to oe aaaea. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete.- IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. I )„J, • - Qw~Ierr Signature and tit, _ 2 /6 I D -T ' Date 10109 Page 2 of 5 26 609 LINCOLN The applicant is requesting variances to Section 5.2 of the Unified Development Ordinance regarding minimum lot width and side street setbacks for the property located at 609 Lincoln Ave The lot currently exists as two platted lots oriented along Lincoln Ave t 11 f') ' ' C ,'A The applicant is proposing to replat the property into three lots and have them orientated along Churchill Street. If the applicant is allowed to replat the property as proposed is the City requiring an 11-foot ROW dedication along Lincoln. Due to this dedication of Right of Way, the applicant is not able to create lots that meet the 50-foot minimum lot width requirement for properties zoned R-1 Single family residential. Therefore, the applicant is requesting the a variance of 4 feet for Lot 21 R 4 feet for Lot 22R 3 feet for Lot 23R to the 50-foot minimum lot width Additionally, the applicant is requesting a variance of 6 and half feet to the 15-foot side street setback for Lot 23 R. Staff is recommending denial of the variance requests because the applicant has not shown that a special condition exists with the property that creates a hardship depriving the applicant of a substantial property right. It is staffs opinion that the hardship provided by the applicant is not a result of an unique physical condition of the property but is instead a self imposed hardship caused by the request to replat. The applicant could leave the lots as it is currently platted or reconfigure the proposed replat from three lots to TWO lots which would not require any lot width variances or setback variances. Staff has received 1 phone call in support of the variance request, and 3 phone calls, 6 emails, and petition signed by 52 residence from the surrounding neighborhood in opposition to this variance request. I would also like to point out that even if these variance are approved, the applicant would still have to ask for minimum lot size variances and average lot width variance from the Planning and Zoning Commission before the replat could be approved. I would be happy to answer any question at this time. CITY OF COLLEGE STATION Nome of Texas A&M University' 'Pa FOR OFFI USE ON Y -~!,,,y`d 31►11T_? CASE NO.: DATE SUB~ITT~D: TIME: STAFF: ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: $250 Zoning Board of Adjustment Application Fee. ❑ Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. Please attach pages if additional information is provided. ❑ Additional materials may be required of the applicant such as site plans, elevation drawings, sign details, and floor plans. The applicant shall be informed of any extra materials required. Date of Optional Preapplication Conference ADDRESS q L in coin LEGAL DESCRIPTION (Lot, Block, Subdivision) L(0d._ n-SMA [OT APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Tom t:gone5 E-mail 'f 2J'00HCSQW1'CkSov►wsfeIeS om Street Address 3q1 teem ,.F Z-an e- City Bl an State VC Zip Code 2Z86$ Phone Number 9]1- 5859 Fax Number q29 - S89' 2.8.56 PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple owners): ~j J_ Name F7fANK E-mail -~g G~? S'T~Iwn►th Oy1 ~✓1~ . C0~1 Street Address ~~5~~ D~d wv4gC 1 City STA}'ion State ?X Zip Code 221. Y.5 Phone Number q~9- r 3213 Fax Number Current zoning of subject property K_ Action requested (check all that apply) A Setback variance ❑ Parking variance ❑ Sign variance X Lot dimension variance Applicable ordinance section to vary from: F~5ec -110 h s. Z - Res;d G.vtT ro.1 10/09 ❑ Appeal of Written Interpretation ❑ Special Exception ❑ Drainage Variance ❑ Other JAIvi. L4 tNIAh D;Men51oviJ Si c~S _ n►H't ~lin• 5►de ~t~k Slt~o~clG Page 1 of 5 GENERAL VARIANCE REQUEST 1. The following specific variation from the ordinance is requested: Variance is requested from the required 50' minimum lot width to 46', 46', and 47' widths as son the attached proposed replat. v~%I S a1So rc -1- S'hr'-ct Ci r oh (P .5 on 44wc. !or ..tr lot, 2. his 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 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. Owner has agreed to dedicate 11' of width adjacent to Lincoln to the City for the City's use. This dedication reduces owners property to 139' wide from 150' thereby reducing the width of two lots by 4' and one by 3'. This variance is not necessary without the dedication to the City. 3. 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 dst441AC S The ordinance related to width minimums becomes a hardship once the land dedication to the city is taken into account. Additionally, the location of flood plain and desire to locate drives off the main street (Lincoln) makes it more practice to replat the lots towards Churchill. 4. The following alternatives to the requested variance are possible: Lots can be left facing Lincoln. 5. This variance will not be contrary to the public interest by virtue of the following facts: 1) Public will receive dedication of land requested. 2) Lots will be wider than 7 of the existing 12 lots on the street. 3) Lots will be approximately 6,440 square feet, larger than the 5,000 sf required by ordinance. 4) Use will conform with several new homes that have been built recently in the immediate area. 5) Variance will allow additional tax roll value to be added. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. pwtieir- Signature and titl z I6 (0 Date 10/09 Page 2 of 5 GENERAL VARIANCE REQUEST 1. The following specific variation from the ordinance is requested: Variance is requested from the required 50' minimum lot width to 46', 46', and 47' widths as shown on the attached proposed replat. 2. 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 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 nanarally not CnPcini conditions. .J Owner has agreed to dedicate 11' of width adjacent to Lincoln to the City for the City's use. This dedication reduces owners property to 139' wide from 150' thereby reducing the width of two lots by 4' and one by 3'. This variance is not necessary without the dedication to the City. 3. 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. The ordinance related to width minimums becomes a hardship once the land dedication to the city is taken into account. Additionally, the location of flood plain and desire to locate drives off the main street (Lincoln) makes it more practice to replat the lots towards Churchill. 4. The followina alternatives to the requested variance are possible: Lots can be left facing Lincoln. 5. This variance will not be contrary to the public interest by virtue of the following facts: 1) Public will receive dedication of land requested. 2) Lots will be wider than 7 of the existing 12 lots on the street. 3) Lots will be approximately 6,440 square feet, larger than the 5,000 sf required by nrdinnnce_ 4) TTse will conform with several new homes that have been built recentlv in the immediate area. 5) Variance will allow additional tax roll value to be added. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. a~ OwHer Signature and titl 2-116 1 Ll 0 Date 10/09 Page 2 of 5 CITY OF COLLEGE STATION Home of Texas Ad-M University' ZONING BOARD OF ADJUSTMENT RULES AND PROCEDURES The Zoning Board of Adjustment hears requests for variances and special exceptions, appeals of Zoning Official's decisions, Airport Zoning Board Adjustments, floodplain and drainage ordinance variance requests, and PITY ordinance special exceptions. The ZBA is a fact-finding body, and to grant variances it must determine the existence of special conditions other than solely financial, which create an undue hardship for applicants. Positive action requires an affirmative vote by at least four (4) of the five (5) members. Recourse from ZBA decisions is to a Court of Law and appeals must be made within ten (10) days of the decision, which become final at Thursday noon after the meeting. The ZBA shall develop and adopt rules in accordance with State law and City ordinance to govern the ZBA and its meetings. APPLICATION * Any variance request, special exception, appeal of a decision of the Zoning Official or floodplain ordinance variance request shall be preceded by the applicant submitting to the Zoning Official a completed: 1) Application 2) Request Form * Applications and request forms are available from the Planning Division Office. * The Zoning Official shall assist the applicant in determining the zoning of the tract and in identifying the applicable ordinance section for the application. * The applicant shall attach an additional sheet(s) if he cannot fully explain his request in the space provided on the request form. * Additional materials may be required of the applicant such as site plans, elevation drawings, and floor plans. The Zoning Official shall inform the applicant of any extra materials required. * An applicant shall submit a non-refundable fee of $150.00, payable to the City of College Station, to defray notification costs. The $150.00 will be taken when the completed application and request form are submitted. APPEAL OF ZONING OFFICIAL DECISION * Appeals of Zoning Official decisions shall be filed within thirty (30) days of the decision. * The ZBA shall hear the appeal within sixty (60) days after the application and request forms are received by the Zoning Official. * The ZBA shall decide the appeal within a reasonable time. The ZBA may reverse or affirm wholly or partly, or may modify the order, requirement, or decision, of the Zoning Official by a concurring vote of at least four (4) of the five (5) members. * The completed application and request form must be received by the the Planning Office by 10:00 AM on the designated deadline date, which is indicated on the attached Deadline/Meeting Date Information schedule. * When the application and request form are received the item will be placed on the next available ZBA Meeting agenda. All required notices will be published. * The applicant has the responsibility to verify his item has been placed on a ZBA meeting agenda. 10/09 Page 3 of 5 NOTICE * The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than one (1) week prior to the meeting. * The Secretary to the Board shall notify property owners within 200 feet of the property for which a request is pending of the ZBA meeting by certified mail not less than (1) week prior to the meeting. Such owners shall be determined by the Secretary to the Board. When deciding which property is within 200 feet, measurements shall be made in a straight line, without regard to intervening structures of objects, from the nearest portion of the property for which a request is pending to the nearest portion of other properties. = Notice by certified mail to such owners shall correspond to the owner's names and address as shown on certified taxroles even if the tax rolls are incorrect or outdated. * At the applicant's request, the Secretary to the Board shall notify any interested person of the ZBA meeting by regular mail not less than one (1) week before the meeting. * The Secretary to the Board shall place a notice of the ZBA meeting in THE EAGLE two (2) weeks prior to the meeting. MEETING * Robert's Rule of Order, newly revised, shall be followed. * Meetings shall be held the first Tuesday of each month at 6:00 PM. * Packets for ZBA Members shall be mailed by the Secretary of the Board the Friday before the meeting. * Each item before the ZBA must be heard by at least four (4) members. * The ZBA may act on any request with or without the applicant's presence at the meeting. * When hearing requests, this procedural format shall be followed: Staff Report ZBA Members ask questions _ Public Hearing = ZBA discussion and action MINUTES * The Secretary to the Board shall tape record all meetings. Tape recordings of meetings shall be kept for three (3) years. * Minutes of the meeting shall be typed by the Secretary to the Board in paraphrased form to reflect pertinent points of discussion (in the Secretary's judgement). No transcription will be made. * Minutes shall be signed by the Chairman after they are approved by the ZBA. PUBLIC HEARING * Witnesses shall be placed under oath by the Chairman using this statement: "Do you swear or affirm to tell the truth in this proceeding under penalties of perjury?" * Witnesses include the applicant and interested persons. MOTIONS * Motions shall be made on the Motion Format Form and be positive or negative. * Negative motions (motions to deny a request) should be made when the ZBA finds no special conditions, no undue hardship, or that the spirit of the ordinance will not be preserved. * Negative motions which fail do not imply the request is granted. * Requests are only granted when a positive motion is passed by at least four (4) ZBA Members. Requests are denied when a negative motion is passed by a majority of members present. REHEARING * Applicants must have the ZBA's approval to present the same or a similar request regarding the same property after denial of such request by the ZBA. * When a request is denied, within ten days of the denial, the applicant may request that the ZBA rehear the request at a future date. To make this request, the applicant must submit to the Administrator new information that was previously not available to the Board. 10/09 Page 4 of 5 * Within the ten days, the Administrator will put the request to rehear on the next available ZBA meeting agenda. * To decide to rehear a request, the ZBA must determine the information provided by the applicant is new and relevant to their decision point of a hardship(s) as a result of a property's special condition(s). ZBA approval to rehear a request requires a motion to rehear, a second to that motion, and passage by a majority of members present. * The determination that information previously not available is relevant to a request's hardship and special condition does not necessarily indicate the eventual approval of a request. * If the ZBA approves a request to rehear, the applicant must pay a new fee by anestablished deadline to be scheduled for a future meeting. APPEAL DECISION * If an applicant wishes to appeal a ZBA decision, he must file a petition with a court of record within ten (10) days after the date the decision is filed in the Planning Division Office. 10/09 Print Form Page 5 of 5