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HomeMy WebLinkAboutStaff ReportCITY OF COLLEGE STATION VARIANCE REQUEST FOR 501 & 503 Corregidor Drive and 2021 & 2023 Legacy Lane REQUEST: Reduction of lot depth LOCATION: 501 & 503 Corregidor Drive and 2021 & 2023 Legacy Lane APPLICANT: Jim & Kathy Loveless, Property Owners PROPERTY OWNER: Jim & Kathy Loveless PROJECT MANAGER: Matt Robinson, Staff Planner mrobinson(cDcstx.gov RECOMMENDATION: Denial BACKGROUND: The subject properties are part of the Legacy Addition Subdivision, which was platted in 2000. The subdivision is currently zoned and developed as duplex residences, with the subject properties having one lot fronting Corregidor Drive and one lot fronting Legacy Lane. The duplexes are accessed via a shared driveway off of Holleman Drive. The applicant is proposing to subdivide the properties from two lots into three lots with access for the three lots being a shared driveway off of Holleman Drive. As such, the new lot would front on Holleman Drive which is where the minimum lot depth requirement would be measured from. For duplex lots, the Unified Development Ordinance requires a minimum lot depth requirement of 100 feet. The applicant is proposing a minimum lot depth for the proposed lot of 83 feet 9 inches. A variance is needed in order to proceed with a replat of the property, which as proposed would also require a discretionary item be approved by the Planning & Zoning Commission. As such the applicant would like to reduce the required lot depth for the proposed lot from 100 feet to 83 feet 9 inches; thus, they are requesting a lot depth variance of 17 feet 3 inches. APPLICABLE ORDINANCE SECTION: UDO Section 5.2, Residential Dimensional Design Standards. Zoning Board of Adjustment July 6, 2010 Page 1 of 6 8 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 July 6, 2010 Page 2 of 6 9 L4 Zoning Board of Adjustment Page 3 of 6 July 6, 2010 10 G ~ S G I N J I I y L S ~ , ~ L~ O ~ I p ~ ~ ti ❑ z u~o~r~ W N ar ~ I C-J .C 7 V~ r 1 H ;n I ~ f i fY r~ M1 ~ ~ I 1' ' c'y ❑ -t'1 CI t7?O~1 L p 1 i 'I J I I•. ~r I t T 01 r-F II, AX EA ti i .m~ I Fns . I o ~ c " s L7~ 'J C~ _ - - -.ry' 4 w r. LL -lYaE:a UU U FD LLJ +SGy+= = i a k de's u Y~~~'. , ~ : gal + r N M ~ in c;~ r- ~ ~_j _ y r .JM `Firm .t r n, •Y``~tv f zCc I" I I W z IL =s 1 e v W W v ~zaI: O 0-o6 r. LL. J Zoning Board of Adjustment Page 4 of 6 July 6, 2010 11 NOTIFICATIONS Advertised Board Hearing Date: July 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: None Property owner notices mailed Contacts in support: Contacts in opposition: Inquiry contacts: ZONING AND LAND USES 11 None at the time of writing the staff report. None at the time of writing the staff report. Direction Zoning Land Use Subject Property R-2, Duplex Duplexes North R-3, Townhouse Duplexes South PDD, Planned Development District Commercial/Retail center East R-4, Multi-Family Apartments West R-2, Duplex Duplexes PHYSICAL CHARACTERISTICS 1. Frontage: The properties have approximately 384 feet of frontage on Holleman Drive, 87 feet of frontage on Corregidor Drive and 102 feet of frontage on Legacy Lane. 2. Access: Access is via a shared driveway off of Holleman Drive. 3. Topography and vegetation: The properties are relatively flat with sparse vegetation. 4. Floodplain: The property is not located within the floodplain. REVIEW CRITERIA 1. Extraordinary conditions: The applicant states that the "density is unequal to opposite side of street on Legacy Lane" and that "these are oversize yards compared to other lots". It is staff's opinion that a special condition does not exist as lot density on one street does not necessitate that other streets maintain that same lot density. In addition, while the yards for the subject properties are larger than existing duplex lots in the subdivision, the LIDO only specifies minimum lot dimension and size, which allows for a range of lot sizes and yards. 2. Enjoyment of a substantial property right: The requested variance is not necessary for the preservation and enjoyment of a substantial property right of the applicants. If the Zoning Board of Adjustment July 6, 2010 Page 5 of 6 12 variance is not granted, the applicants are still able to utilize the properties as duplexes, which currently exist on the subject properties. 3. Substantial detriment: Granting of the variance would increase the number of vehicles taking direct access to a major collector which could be detrimental to the public health, safety and welfare or injurious to other property in the area or to the City in administering the UDO. 4. Subdivision: The granting of the variance would necessitate a waiver when the applicants replat the property. The Planning & Zoning Commission would need to approve a discretionary item to the creation of a right angle lot at the time a replat is sought. 5. Flood hazard protection: Granting the variance 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: Other properties in the neighborhood are meeting minimum lot dimension requirements as specified in the UDO. 7. Hardships: It is staff's opinion that a hardship does not exist in this case. The subject properties are currently utilized as duplexes as allowed for in the UDO. 8. Comprehensive Plan: The Comprehensive Plan designates the subject properties as Urban on the Future Land Use and Character Map. Urban areas are intended for intense residential development, which includes townhomes, duplexes, and high-density apartments. The addition of another lot within the area would not conflict with the Comprehensive Plan. 9. Utilization: The application of the UDO residential dimensional standards as they apply to duplex lots does not unreasonably restrict the utilization of the subject properties. The properties are currently developed as duplexes and are currently meeting all residential dimensional standards. ALTERNATIVES The applicant has stated that they can shift the location of the proposed duplex towards the other lot. However, this alternative would still necessitate the need for a variance to the proposed lot depth. STAFF RECOMMENDATION Staff recommends denial of the variance request. It is staff's opinion that the applicants have not identified a hardship or special condition for the subject properties. The inability to subdivide existing duplex lots to add an additional duplex lot is not a special condition. In addition, staff feels that the current duplexes on the existing lots are making reasonable use of the property as allowed and that an additional duplex is not a necessary improvement to the properties. As such, denial of the requested variance does not prohibit the property owner's utilization and enjoyment of the subject properties. SUPPORTING MATERIALS 1. Application Zoning Board of Adjustment July 6, 2010 Page 6 of 6 13