HomeMy WebLinkAboutStaff ReportCITY OF COLLEGE STATION
VARIANCE REQUEST
FOR
504 Guernsey
(09-00600205)
REQUEST: Rear and accessory structure side street setbacks
LOCATION: 504 Guernsey
APPLICANT: Russ and Linda Harvell
PROPERTY OWNER: Same as applicants
PROJECT MANAGER: Matthew Hilgemeier, Staff Planner
mhilgemeier@cstx.gov
RECOMMENDATION: Denial
BACKGROUND: The single-family structure built on this property was originally constructed in
1942. In recent years, the owner renovated the primary structure and would now like to add a
1,240 square foot (32' X40') detached garage to the property for vehicles and storage. The
applicant would prefer to place the garage so that it is located 12 feet from the rear property
line, and 8 feet from Welsh Avenue. Therefore, the applicant is requesting a variance of 8
feet to the 20-foot rear setback requirement and a variance of 12 feet to the 20-foot side
street setback required for garages.
APPLICABLE ORDINANCE SECTION: 5.2 Residential Dimensional Standards and 6A.B.4
Accessory Uses Standards for Garages and Carports
ORDINANCE INTENT: Residential dimensional design standard 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.
Zoning Board of Adjustment Page 1 of 7
November 10, 2009
Accessory use standards related to garages and carports allow for
adequate sight distance for motor vehicles entering and exiting a
driveway and allow for some degree of traffic safety protection. They
also provide adequate space for parking on the driveway while
remaining out of the right-of-way.
Zoning Board of Adjustment Page 2 of 7
November 10, 2009
Zoning Board of Adjustment Page 3 of 7
November 10, 2009
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Zoning Board of Adjustment Page 4 of 7
November 10, 2009
NOTIFICATIONS
Advertised Board Hearing Date:
November 10, 2009
The following neighborhood organizations that are registered with the City of College Station's
Neighborhood Services have received a courtesy letter of notification of this public hearing:
Property owner notices mailed
Contacts in support:
Contacts in opposition:
Inquiry contacts:
ZONING AND LAND USES
None
19
none at time of staff report
none at time of staff report
2 (at time of staff report)
Direction
Zoning
Land Use
Subject Property
R-1 Single Family Residential
Single family
North
R-1 Single Family Residential
Single family
South
R-1 Single Family Residential
Single family
East
R-1 Single Family Residential
Single family
West
R-1 Single Family Residential
Single family
PHYSICAL CHARACTERISTICS
1. Frontage: This property has 100 feet of frontage along Guernsey Street and 155 feet along
Welsh Ave.
2. Access: Access is via a driveway located on Guernsey Street.
3. Topography and vegetation: The property has a slope of 2 feet from North to South.
There is moderate vegetation on the property.
4. Floodplain: This property is not located in a floodplain.
REVIEW CRITERIA
1. Extraordinary conditions: The applicants state that the variances to rear and side
setbacks are necessary in order to construct a detached garage in the backyard without
having to remove several trees, which they state help to block the home from direct
exposure to sunlight, helping to reduce energy costs.
The proposed structure could be located within the required setbacks; therefore, a special
condition does not exist with the property that deprives the applicants the reasonable use of
their land.
2. Enjoyment of a substantial property right: These variances are not necessary for the
preservation and enjoyment of a substantial property right of the applicants. If the variances
are not granted, the applicants would still be able to build a structure on the lot, therefore
they are not being denied a substantial property right.
3. Substantial detriment: Granting of the variances would limit the available area used to
provide off-street parking, thereby reducing sight distance for motor vehicle traffic which
would be detrimental to the public health, safety and welfare or injurious to other property in
the area or to the City in administering this UDO.
Zoning Board of Adjustment Page 5 of 7
November 10, 2009
4. Subdivision: The granting of these variances will not have the effect of preventing the
orderly subdivision of other land in the area in accordance with the provisions of this UDO.
5. Flood hazard protection: The granting of these variances will not have the effect of
preventing flood hazard protection in accordance with Article 8, Subdivision Design and
Improvements.
The applicants state that in building the proposed garage, they will be correcting drainage
problems and improving the current environmental conditions of the property that have
existed for decades.
6. Other property: Many of the properties in this neighborhood have lot dimensions similar to
those of the subject property and contain larger trees; therefore, the conditions creating the
hardship are not specific to the subject property and do generally apply to other property in
the vicinity.
7. Hardships: The applicants state the following as a hardship: "Locating the garage directly
behind the house would require the removal of all large trees that are native to Texas. It
would eliminate 70% of the current shade and result in greater use of water and electricity.
Placing the building in the same location, but facing Welsh, and within the standard setback
requirements would prevent any practical use of most of the yard."
It is staffs opinion that the hardship is a result of the applicants' own actions. The applicant
could reduce the size of the proposed structure and/or place it in a location on the property
that would not require a variance to the setback standards or the removal of any trees from
the property.
8. Comprehensive Plan: The granting of these variances would not substantially conflict with
the City of College Station Comprehensive Plan and the purpose of this UDO.
9. Utilization: The application of the UDO standards to this particular piece of property do not
prohibit or unreasonably restrict the utilization of the property because the applicants have
the option of locating the proposed garage in a way that meet the requirements of the
Residential Dimensional and Accessory Use Standards of the UDO.
ALTERNATIVES
As possible alternatives, the applicants have stated that the following would be acceptable,
though not their preferred options:
Alternative #1: In lieu of an 8-foot rear setback variance, a variance of 5 feet to the rear
setback (resulting in a 15-foot rear setback).
Alternative #2: In lieu of a 12-foot side street garage setback, a variance of 10 feet
(resulting in a 10-foot side street setback).
Staff has identified two other alternatives that would not require a variance:
Alternative #3: The applicants could locate the proposed garage in a manner that
complies with the UDO building setback requirements; however, this
would cause the garage to be located closer to the existing home and the
removal of some trees.
Alternative #4: The applicants could reduce the size of the proposed garage so that it
complies with the LIDO building setback requirements and does not
compromise the health of the large trees on site.
Zoning Board of Adjustment Page 6 of 7
November 10, 2009
STAFF RECOMMENDATION
Staff recommends denial of the variances because the applicants have failed to show that a
special condition exists with the property, which creates a hardship that deprives them of a
substantial property right.
SUPPORTING MATERIALS
1. Application
2. Survey
Zoning Board of Adjustment Page 7 of 7
November 10, 2009