HomeMy WebLinkAboutApplicationCITY OF COLLEGE STATION
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ZONING BOARD OF ADJUSTMENT APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS:
0 $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 704 Canterbury Drive, College Station, Texas 77845
LEGAL DESCRIPTION (Lot, Block, Subdivision) Lot 3, Block 11, Brandon Heights Subdivision
APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project):
Name Jeffrey McDougall E-mail mcdougall@p2sol.com
Street Address 704 Canterbury Drive
City College Station
Phone Number (979) 680-9460
Fax Number
PROPERTY OWNER'S INFORMATION (ALL owners must be identified. Please attach an additional sheet for multiple
owners):
Name Jeffrey & Mary McDougall
E-mail mcdougall@p2sol.com
Street Address 704 Canterbury Drive
City College Station
Phone Number (979) 680-9460
Current zoning of subject property R-1
Zip Code 77845
Zip Code 77845
Action requested (check all that apply)
❑x
Setback variance
❑
Appeal of Written Interpretation
❑
Parking variance
❑
Special Exception
❑
Sign variance
❑
Drainage Variance
❑
Lot dimension variance
❑
Other
kpplicame ordinance section to vary from:
5.2
FOR OFFICE
CASE NO.:
DATE SUBMITTED:.
TIME: r
STAFF: ii
State Texas
State Texas
Fax Number
10/09 Page 1 of 5
GENERAL VARIANCE REQUEST
1. The following specific variation from the ordinance is requested:
Reduction of the near setback to 10-ft for construction of an outdoor kitchen adjacent the existing swimming pool.
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
generally not special conditions.
The existing pool extends over the rear setback and staying out of the setback would push the outdoor kitchen dose
to the house. The close proximity would create difficult drainage conditions.
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 structure would be placed similarly to storage buildings in the neighborhood.
4. The following alternatives to the requested variance are possible:
Greatly reduced structure with a possible need for significant drainage work.
5. This variance will not be contrary to the public interest by virtue of the following facts:
Storage buildings commonly exist within this established neighborhood. The well established trees and landscaping
provide sufficient screening.
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.
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Date
10/09 Page 2 of 5
(*41'"
CITY OF COLLEGE STATION
Hone of Texas A&M Univeniry'
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 ; Page 5 of 5