HomeMy WebLinkAboutStaff ReportCITY OF COLLEGE STATION
VARIANCE REQUESTS
FOR
609 LINCOLN AVENUE
Lloyd D. Smith Subdivision Lot 22 and 23, Block 2
REQUEST:
LOCATION:
APPLICANT:
PROPERTY OWNER:
PROJECT MANAGER:
RECOMMENDATION:
Variance requests to lot width and side street setback
609 Lincoln Avenue
Tom Pinones
Frank Heifrin
Lauren A. Hovde, Staff Planner
lhovde(@-cstx.gov
Denial.
BACKGROUND: The subject property currently exists as two platted lots oriented toward
Lincoln Avenue. However, the applicant would like to replat the existing two lots into three lots
oriented toward Churchill Street. (see attached plat) If the property is replatted as proposed,
the City will have the opportunity to acquire right-of-way where the current street width does
not meet minimum standards. Lincoln Avenue is currently 50' wide, but should be at least
100'. The Subdivision Regulations allow the City to acquire up to fifty percent of the right-of-
way needed from the property owner on each side of a road. In this case, the City could have
requested 18' of property to be dedicated as right-of-way. Instead, 11' was requested to allow
for the sidewalk that the City is currently designing on the north side of Lincoln Avenue.
The applicant is requesting 4' lot width variances on the proposed lots 21 R and 22R. These
variances would allow both lots to have lot width of 46'. A 3' variance to the lot width of
proposed lot 23R is also being requested which would allow a lot width of 47'. In addition, the
Zoning Board of Adjustment
April 6, 2010
Page 1 of 7
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applicant is requesting a 6.5' variance to the street side setback on proposed Lot 23R to allow
a reduction from 15' to 8.5'.
While the minimum R-1 lot width is 50', to successfully subdivide the subject property the
applicant will have to further acquire subdivision variances to the requirements of replatting in
older residential subdivisions from the Planning and Zoning Commission. This property is
located within an older residential subdivision which requires the applicant to meet the average
lot width on the block. The estimated lot width average for this block is 67'. In addition, the
applicant will need to request a lot size variance from the Planning and Zoning Commission for
each of the proposed lots because they do not meet the minimum standard of 8,500 square
feet, which is required when replatting in older residential subdivisions.
APPLICABLE ORDINANCE SECTION: Section 5.2, Residential Dimensional Standards,
Minimum Lot Width and Side Street setback
ORDINANCE INTENT: Residential dimensional standards 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
April 6, 2010
Page 2 of 7
19
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Zoning Board of Adjustment
April 6, 2010
Page 4 of 7
21
NOTIFICATIONS
Advertised Board Hearing Date: April 6, 2010
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: Thirty-two
Contacts in support: One interested citizen was in general support of the
request.
Contacts in opposition: Two, The Neighborhood Association has a concern that
more units on Churchill will worsen the already bad
parking situation. A representative requested that parking
be restricted to the rear of any new unit.
Inquiry contacts: One
ZONING AND LAND USES
Direction
Zoning
Land Use
Subject Property
R-1 Single-Family Residential
Urban
Northeast
R-1 Single-Family Residential
Urban
Southeast
N/A, Churchill Street
Local Street
Northwest
R-1 Single-Family Residential
Urban and Natural Reserved
Southwest
N/A, Lincoln Avenue
2-Lane Major Collector
PHYSICAL CHARACTERISTICS
1. Frontage: The subject property has 150' of frontage along Churchill Street and 140' along
Lincoln Avenue. After 11' of right-of-way is dedicated along Lincoln, the frontage will be
reduced to 139' along Churchill.
2. Access: The property is currently platted in a configuration that would have one access
point on Lincoln Avenue, a major collector, and one on Churchill Street, a local street. The
proposed replat will create three access points onto Churchill Street.
3. Topography and Vegetation: The subject property is relatively flat with limited vegetation.
4. Floodplain: FEMA does not show any 100 year floodplain located on the subject property.
However, the applicant has identified a Flood Hazard Area on Lot 22.
REVIEW CRITERIA
Extraordinary conditions: Staff does not recognize any extraordinary conditions on the
property that would deprive the property owner reasonable use of the property.
Zoning Board of Adjustment
April 6, 2010
Page 5 of 7
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2. Enjoyment of a substantial property right: These variances are not necessary for the
preservation and enjoyment of a substantial property right of the applicant. If the variances
were not granted, the applicant would still be able to build houses on the existing two lots;
therefore, it is staff's opinion that the variances are not necessary for the preservation and
enjoyment of a substantial property right.
3. Substantial detriment: The granting of this variance will not be detrimental to the public
health, safety, or welfare, or injurious to other property in the area or to the City in
administering this UDO. However, the presence of side street setback does provide some
protection from the potential hazards of the abutting right-of-way.
4. Subdivision: Since the subject property is located in an older residential subdivision, it is
subject to platting regulations that require new lots to be no less narrow than the average
of the existing lots within its block. If the variances and subdivision variances are granted,
lot width variances for this property would reduce the average lot widths for future
replatting of surrounding properties.
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.
6. Other property: 15' Side Street setbacks are required for all properties zoned R-1 Single
Family Residential; therefore, the conditions creating the special condition stated by the
applicant are not unique to this property. It is common for developers to subdivide in a way
that creates larger corner lots which may accommodate the increased setback. It is
possible that granting the requested variance request will fuel an already growing trend of
further subdividing existing lots in older residential areas. If the variances and subsequent
replat is approved by the Planning and Zoning Commission, it would reduce the average
minimum lot width required for properties replatting in the future within the same block.
This could potential change the character of the neighborhood.
7. Hardships: Should the replat proceed as proposed, Staff believes that there will be a
hardship placed on Lot 23R due to the required right-of-way dedication. However, it is a
requirement on replatting a property that proper dedication should be made. This hardship
does not currently exist on the land, but it will be created if the property owner is allowed to
further subdivide.
8. Comprehensive Plan: This property is designated as Urban on the Comprehensive Plan
Land Use and Character Map which is intended for high-density residential land uses. This
designation is meant to encourage the future consolidation of lots to allow for multi-family
and townhouse type developments.
9. Utilization: The application of the UDO standards to this particular piece of property does
not prohibit or unreasonably restrict the applicant in the utilization of his property. The
applicant has the option of placing the two structures on the existing lots that would meet
the requirements of the Residential Dimensional Standards of the UDO.
ALTERNATIVES
Zoning Board of Adjustment
April 6, 2010
Page 6 of 7
23
The applicant has stated that an alternative to the proposed lot alignments would be to retain
the current lot configuration with access from Lincoln Avenue. Staff recognizes that direct
residential access onto Lincoln is less than desirable and suggests that a second alternative
would be to replat the existing two lots to reorient them so to take access from Churchill.
STAFF RECOMMENDATION
Staff recommends denial based on the average lot width of the block which is approximately
67'. A reduced lot width would lower the future requirements for other properties within the
block seeking a replat. It also Staff's 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 action of replatting.
If the variances are granted, Staff recommends that the approval be conditioned upon the
Final Plat approval by the Planning and Zoning Commission.
SUPPORTING MATERIALS
1. Application
2. Survey (provided in packet)
3. Proposed Final Plat document (provided in packet)
4. Exhibit of Side Street Setback variance request (provided in packet)
5. Emails of Opposition (provided in packet)
Zoning Board of Adjustment
April 6, 2010
Page 7 of 7
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