HomeMy WebLinkAboutMinutes• +,
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
MINUTES
Zoning Board of Adjustment
CITY OF COLLEGE STATION, TEXAS
April 1, 1997
6:00 P.M.
Chairman Rife. and Members Sawtelle, Blackwelder, Alexander and
Hollas.
Alternate Members Ochoa and Taggart.
Senior Planner McCully, Planning Technician Ruiz,. and Assistant
City Attorney Shively.
AGENDA ITEM NO. 1: Call to order- explanation of functions of the Board.
Chairman Rife called the meeting to order and explained the functions of the Board.
AGENDA ITEM NO.2: Consideration of a variance request to the minimum lot size, lot
dimensions and setback requirements for a portion of lot 6 of the D. A. Smith Subdivision,
within'the 800 block of Nimitz. Applicant is Shabeer Jaffer.
Senior Planner McCully presented the staff report. and the following variance request information:
Lot size required: 5000 SF
Lot size proposed: Lot 6-2: 2360 SF (variance. of32%)
Lot 6-3: 291'0 SF (variance of 42%)
Lot width req'd:
Lot width prop'd:
'Lot depth req'd:
Lot depth prop'd:
Fr. setback req'd:
Fr. setback prop'd:
R setback req'd:
'~ R setback prop'd:
~='~ Side setback req'd:
Side setback prop'd:
Lot 6-4: 2929 SF (variance 41%)
Lot 6-10: 4404 SF (variance of 12%)
Lot 6-11: 4500 SF {variance. of10%)
50'
Lot 6-2; 43.5' (variance of 13%))
100'.
Lot 6-2: 54.26' (variance of 46%)
Lot 6-3 : 54.89 (variance of 45%)
Lot 6-4: 55.11' (variance of 45%)
Lot 6-10: App. 49' (variance of 50%)
-Lot 6-11: App. 45' (variance of 55%)
25'
10' on all lots (variance of 60%)
25'
5' (variance of 80%)
7.5'
5' (varian ce of 33%)_ __ -
Senior Planner McCully stated that the subject lots were originally platted around the time that.
the City incorporated. They were included in a single lot, lot 6 of the D.A. Smith Subdivision, at
than time. Lot 6 is a large narrow lot that extends from Ash to Lincoln along Nimitz. In the
1940's, lot 6 was subdivided by deed into 13 smaller lots that averaged 50' X 60'.(3000 SF). In
1976, the lots were exempted .from meeting minimum lot size and dimension requirements by
ordinance, however, the exemption does not apply to lots. replatted after 1976. The second
characteristic that encumbers each. of the five lots is the fact that Nimitz has been built in the
wrong location. The City had a total of 30' in which to build Nimitz. However, the actual paved
urea encroaches on the lots by approximately 10' of the road on the three lots near Ash and 15' to
20' on the two lots near Lincoln. Technically, the 10'-20' strip of Nuntz that encroaches has
becomepublic right-of-way.: ;Due to the physical restraints as discussed above, the buildable area
of the five lots would be roughly 150 square .feet. Due to the. restraint of the lot depth of the
original Lot 6 ` in conjunction with the ~ encroachment of Nimitz, Staff has not found any
alternatives in this case. Minimum lot size and 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. The applicant
has .pointed out that the existing houses. in the area have similar constraints as the proposed lots,
therefore the character of the area: will be protected. Approximately twenty-six surrounding
property owners were notified of the requests. with one .inquiry.
Chairman Rife opened the public hearing.
Applicant. Shabeer Jaffer approached the Board and was sworn in by Chairman Rife. He stated
that varianceswere originallygranted for several of-the subject lots; however, the owner was still
not able to build because of the small lot size. Mr. 7affer stated that he is reducing the number of
lots and the overall density of the area. The new. brick homes will be an :improvement to the
neighborhood: One of the main reasons for the .front and rear setback requests is'that the city
built Nimitz in the wrong place. The paved section'is not within the right-of--way and takes up
10' of the. subject property. The new homes: will be similar to the homes constructed on Avenue
A; one story and between 1100 to 1300 square feet.
The followingpersons were sworn in by Chairman Rife and spoke in opposition to the request:
Sandy Santana
Lee Robinson
-Boyd Nash
308 Ash Street
811 Avenue A
400 Ash .Street
The following comments were made in' opposition to the request:
(1) The street is not wide enough to handle the proposed development. There is traffic
congestion and parking problems along Nimitz Street now that will be worsened by
the additional homes.
(2) The proposed homes will be rental property geared towards students that have more
cars than a single family.. The two parking spaces required per home is not adequate
to handle the number of cars that will be created by the proposed development.
(3) If the setback variances are granted, the houses will be too close together. There
are existing homes immediately adjacent to the subject property that were required
to meet the minimum setbacks.
Chairman Rife closed the public hearing:.
ZBA Minutes April 1, 1997 Page 2 of 4
Mr. Hollas stated that the Board cannot preclude the use of the subject property. The proposed
replat is reducing the total number of lots and. decreasing the number of homes that cane be built in
this azea. The owner has. chosen a planned instead of a piecemeal approach to development in this
area. The applicant intends to meet the parking requirement for each home and if not, he will
have to request a variance. ff parking becomes a .problem in this area, the city has the ability to
restrict parking along Nimitz Street.
Mr. Sawtelle .stated that if the variances aze granted, the applicant is allowed .more buildable
squaze footage for a lazger home;. however, it reduces the amount of open space between
dwellings. Although the applicant is reducing the number of lots, he is losing four parking spaces
along the same street frontage. .The variance is allowing the area to become more dense m terms
of building coverage.
Chairman Rife stated that the total number. of homes and families is being reduced from seven to
four.. The pazking issue is a problem now; however, the applicant can build seven homes without
further action by the Board. Chairman Rife stated that he is in favor of the variance requests as
long as the reaz setback can be increased so that the new development does not encroach as much
on°the existing homes along. Avenue A. He requested that Staff Planner McCully. inform the
City's Traffic Management Team about the current and potential traffic problems along Nimitz
Street.
Mr. Hollas moved to authorize a variance to the lot. width, lot depth .and minimum setback
requirements from the terms of this ordinance as it will not be contrary to the public interest, due
to the following special conditions: The subject lots were originally platted around the time that
the City incorporated. They were included in a single lot, Lot 6 of the D.A. Smith Subdivision, at
that time. Lot 6 is a large :narrow lot that extends from Ash to Lincoln along Nimitz. In the
1940's, Lot 6 was subdivided by deed into 13 smaller lots that averaged 50' X 60' (3000 SF). In
1976,. the lots were .exempted :from meeting minimum lot size and dimension requirements by
ordinance, however, the exemption does note. apply to lots replatted after 1976. The second
characteristic that :encumbers each of the five lots is the fact that Nimitz has been.. built in the
wrong location. The City had a total of 34' in which to build Nimitz. However, the actual paved
azea encroaches on the lots by approximately 10' of the road on the three lots near Ash and 15' to
20' on the two lots near Lincoln. Technically, the 10'-20' strip of Nimitz that encroaches has
become public right-of-way. And, because strict enforcement of the provisions of the ordinance
would result in unnecessary hardship to this applicant being: due to the physical restraints, due to
the location of Nimitz and consequently the buildable area: of the five lots have been reduced due
to the actions. of the city; and uch that the spirit of .this ordinance shall be observed and
substantial justice done. `Mr. Blackwelder seconded the motion.
Chairman Rife stated that he would prefer to have a larger rear setback of at least 10' on all lots
and require the 7.5' side setback on lots 6-10 and 6-11 since they aze wider than the other lots.
Mr. Blackwelder moved to amend the motion to approve the variance :requests with the condition
that. all. lots maintain a 10' rear setback and< lots 6-10 and 6-11 meet the minimum 7.5' side
setback requirements. Mr. Hollas seconded the amendment which passed unopposed (5 - 0 ).
The motion to approve the variance requests as amended. passed (4 - 1); Mr. Sawtelle voted in
opposition to the request.
AGENDA ITEM NO.3: Consideration of a-variance request to the minimum side setback
requirements for 820 Avenue B, lot 5, block 2 of the Lloyd Smith Addition.
Senior Planner McCully presented the staff report and stated that the subject property is located
within an older subdivision of smaller sized single family lots. Most of the lots on Avenue B are
40' in width, and some existing .houses encroach into the required setbacks.
ZBA Minutes April 1, 1997 Page 3 of 4