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Home My WebLink AboutStaff ReportCITY OF COLLEGE STATION VARIANCE REQUEST FOR 806 & 808 Nimitz Street (11-00500159) REQUEST: Reduction of front and rear setbacks LOCATION: 806 & 808 Nimitz Street APPLICANT: John T. Rhodes PROPERTY OWNER: Lawrence F. Guseman, III PROJECT MANAGER: Matt Robinson, AICP, Senior Planner mrobinson@cstx.gov RECOMMENDATION: Approval BACKGROUND: The subject properties were originally platted around the time the City incorporated and were included as a single lot, lot 6 of the D.A. Smith Subdivision. In the 1940's, lot 6 was subdivided into 13 smaller lots that averaged 50' X 65' (3,250 SF) each. Over time, 10 of the 13 lots were granted similar variances due to the physical constraint of the lots as a result of the historical development of the neighborhood. Additionally, Nimitz Street was built outside of the dedicated right-of-way with an average encroachment of 12 feet into the front yard of the subject lots. Subsequent plats have dedicated this encroachment as right-of-way, which has further reduced the lot size. Therefore, the applicant is requesting a variance to the Unified Development Ordinance (LIDO) Section 6.2, Residential Dimensional Standards to allow for a reduction of 10 feet to the 15 foot front setback, and a reduction of 12-feet 6-inches to the 20 foot rear setback. APPLICABLE ORDINANCE SECTION: UDO Section 5.2, Residential Dimensional Standards 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 5 December 6, 2011 Zoning Board of Adjustment Page 2 of 5 December 6, 2011 r \ 1oo; S / / co / N O to �e a tp p > m A o vvzo v> Eo o ate`-ate>v av i 3UF`KU�Y UIII p a 300z8MO° ' E \EZ N r LO E10 o_ U > m E \ � m O = o LO j P ✓� w d. 2 M 6) P o��uda z �G� / Y co co a � Co / LL / O / IO C? E C C/\l � j'� mam�a�ry LU W rcKKKQUU +� U-)Ir z LLJ aamv A W y \ 0d TZ9 rva Emi / �LLrc Cl)a m \ j � oo.-m " Ld I11 1 Zoning Board of Adjustment Page 3 of 5 December 6, 2011 NOTIFICATIONS Advertised Board Hearing Date: December 6, 2011 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: College Hills Neighborhood Association Property owner notices mailed: Contacts in support: Contacts in opposition: Inquiry contacts: ZONING AND LAND USES 27 None at the time of writing the staff report. None at the time of writing the staff report. None at the time of writing the staff report. Direction Zoning Land Use Subject Properties R -1 Single -Family Residential Single-family residence North R-6 High Density Multi -Family Apartment Complex (Lincoln Square Apts) South R -1 Single -Family Residential Single-family residence East R -1 Single -Family Residential Single-family residence West R -1 Single -Family Residential Single-family residence PHYSICAL CHARACTERISTICS 1. Frontage: 806 Nimitz has 50-feet of frontage on Nimitz Street and 808 Nimitz has approximately 44-feet of frontage on Nimitz Street. 2. Access: Access is taken via driveways onto Nimitz Street. 3. Topography and vegetation: 808 Nimitz has a moderate amount of vegetation and 806 Nimitz has little to no vegetation as a house currently exists on the property. 4. Floodplain: The subject properties are not located within FEMA designated floodplain. REVIEW CRITERIA 1. Extraordinary conditions: A special condition exists with the subject properties due to the fact that they were created prior to the City enforcing minimum lot dimensional standards. In addition, a portion of Nimitz Street was originally constructed on the properties, which reduced the allowed buildable area. Subsequent plats have dedicated the portion of right-of- way that encroached onto the lots, thus reducing the actual size and setbacks of the lots. 2. Enjoyment of a substantial property right: Due to the pavement of Nimitz Street being constructed across the original lot lines of the subject properties and have and the lot dimensions, applying the standard setback requirements would result in an unreasonable buildable area, depriving the property owner any reasonable use of the property. 3. Substantial detriment: The granting of these variances would not be detrimental to the public health, safety or welfare, or injurious to other property in the area or to the City in Zoning Board of Adjustment Page 4 of 5 December 6, 2011 administering this UDO due to the fact that similar variances have been approved for the majority of the lots on this existing block. 4. Subdivision: The granting of these variances will not prevent the orderly subdivision of the other land in the area surrounding this property because the majority of the lots on this block have similar lot dimensions and were granted similar variances. 5. Flood hazard protection: Granting these variances will not have the effect of preventing flood hazard protection because this property is not located in a FEMA recognized floodplain area. 6. Other property: These conditions do generally apply to other properties in the vicinity due to the historical pattern of development in this neighborhood. Adjacent properties to the North and South have been granted similar variances. 7. Hardships: The subject properties were created prior to the City enforcing dimensional standards for residential lots and as such they do not meet the current residential lot size standard for residentially zoned properties. Additionally, a portion of Nimitz Street was built on the subject properties and reduced lot size even further. Subsequent plats have dedicated the right-of-way to the City, however, when the current setback standards are applied to each property, the buildable area of the lot is greatly reduced. 8. Comprehensive Plan: The Future Land Use and Character Map of the Comprehensive Plan designate the subject properties as Urban and Redevelopment. Urban areas are intended for intense levels of development. While detached single-family residences are not envisioned for Urban Redevelopment areas, it is allowed by right by virtue of the property's current R-1 Single -Family zoning. 9. Utilization: Strict application of the current residential dimensional standards would reduce the buildable area and unreasonably restrict the utilization of the property. ALTERNATIVES The applicant has not proposed any alternatives to the granting of the variance requests. Staff could not identify any alternatives to the granting of the variance requests. STAFF RECOMMENDATION Staff recommends approval of the variance requests. In staff's opinion, due to the location of Nimitz Street and the pattern of property development of the neighborhood, a special condition does exist such that the strict application of the provisions of the LIDO would deprive the applicant reasonable use of his land. Additionally, based on the surrounding lot sizes and history of approval of similar variances for the surrounding properties, staff feels that approval of the variances to residential dimensional standards for the subject property would not be detrimental to the neighborhood or future redevelopment of this area. SUPPORTING MATERIALS 1. Application 2. Proposed site plan Zoning Board of Adjustment Page 5 of 5 December 6, 2011