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Home My WebLink AboutStaff Reportp O CITY OF COLLEGE STATION VARIANCE REQUEST FOR 504 Guernsey (10-00500079) REQUEST: Rear and side street setbacks LOCATION: 504 Guernsey APPLICANT: Russ and Linda Harvell PROPERTY OWNER: Same as applicants PROJECT MANAGER: Matthew Hilgemeier, Staff Planner mhilgemeier ,cstx.gov RECOMMENDATION: Denial BACKGROUND: The Zoning Board of Adjustments (ZBA) originally heard and denied a variance request for this property on November 10, 2009. On May 4, 2010, the ZBA approved the applicant's request to rehear this variance case. The single-family structure built on this property was originally constructed in 1942. In recent years, the owner renovated the primary structure and would now like to add a 1,240 square foot (32'X40') detached garage to the property for vehicles and storage. The applicant would prefer to place the garage so that it is located 12 feet from the rear property line, and 8 feet from Welsh Avenue. Therefore, the applicant is requesting a variance of 8 feet to the 20-foot rear setback requirement and a variance of 12 feet to the 20-foot side street setback required for garages. APPLICABLE ORDINANCE SECTION: Unified Development Ordinance (UDO), Section 5.2 Residential Dimensional Standards and Section 6.4.13.4 Accessory Uses Standards for Garages and Carports. 8 0 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. Accessory use standards related to garages and carports allow for adequate sight distance for motor vehicles entering and exiting a driveway and allow for some degree of traffic safety protection. They also provide adequate space for parking on the driveway while remaining out of the right-of-way. 9 0 0 10 o ~ I X . - -0 Cc, CY) CV) (j [YY ;1 I I I p ,CY) LO 1yJ ~ r`'~, cc) j/-~- T'•r' ~'/.~F`,\• rms ('II) gam"❑ 0 Z, LLI Ar) ~ex CO 21 CY) Cj C4' cc) (D LLI V v m m LLI ♦ V \ . 01 l \ \ N 'I. u: rLY 11 0 0 NOTIFICATIONS Advertised Board Hearing Date: June 1, 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 20 none at time of staff report none at time of staff report 2 (at time of staff report) Direction Zoning Land Use Subject Property R-1 Single Family Residential Single family North R-1 Single Family Residential Single family South R-1 Single Family Residential Single family East R-1 Single Family Residential Single family West R-1 Single Family Residential Single family PHYSICAL CHARACTERISTICS 1. Frontage: This property has 100 feet of frontage along Guernsey Street and 155 feet along Welsh Ave. 2. Access: Access is via a driveway located on Guernsey Street. 3. Topography and vegetation: The property has a slope of 2 feet from North to South. There is moderate vegetation on the property. 4. Floodplain: This property is not located in a floodplain. REVIEW CRITERIA 1. Extraordinary conditions: The applicants state that the variances to rear and side setbacks are necessary in order to construct a detached garage in the backyard without having to remove several trees, which they state help to block the home from direct exposure to sunlight, helping to reduce energy costs. The proposed structure could be located within the required setbacks; therefore, a special condition does not exist with the property that deprives the applicants the reasonable use of their land. 2. Enjoyment of a substantial property right: These variances are not necessary for the preservation and enjoyment of a substantial property right of the applicants. If the variances are not granted, the applicants would still be able to build a structure on the lot, therefore they are not being denied a substantial property right. 3. Substantial detriment: Granting of the variances would limit the available area used to provide off-street parking, thereby reducing sight distance for motor vehicle traffic which would be detrimental to the public health, safety and welfare or injurious to other property in the area or to the City in administering this UDO. 12 0 4. Subdivision: The granting of these variances will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this LIDO. 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. The applicants state that in building the proposed garage, they will be correcting drainage problems and improving the current environmental conditions of the property that have existed for decades. 6. Other property: Many of the properties in this neighborhood have lot dimensions similar to those of the subject property and contain larger trees; therefore, the conditions creating the hardship are not specific to the subject property and do generally apply to other property in the vicinity. 7. Hardships: The applicants state the following as a hardship: "Locating the garage directly behind the house would require the removal of all large trees that are native to Texas. It would eliminate 70% of the current shade and result in greater use of water and electricity. Placing the building in the same location, but facing Welsh, and within the standard setback requirements would prevent any practical use of most of the yard." It is staff's opinion that a hardship does not exist in this case. The applicants could reduce the size of the proposed structure and/or place it in a location on the property that would not require a variance to the setback standards or the removal of any trees from the property. 8. Comprehensive Plan: The granting of these variances would not substantially conflict with the City of College Station Comprehensive Plan and the purpose of the UDO. 9. Utilization: The application of the UDO standards to this particular piece of property do not prohibit or unreasonably restrict the utilization of the property because the applicants have the option of locating the proposed garage in a way that meet the requirements of the Residential Dimensional and Accessory Use Standards of the UDO. ALTERNATIVES As possible alternatives, the applicants have stated that the following would be acceptable, though not their preferred options: Alternative #1: In lieu of an 8-foot rear setback variance, a variance of 5 feet to the rear setback (resulting in a 15-foot rear setback). Alternative #2: In lieu of a 12-foot side street garage setback, a variance of 10 feet (resulting in a 10-foot side street setback). Staff has identified two other alternatives that would not require a variance: Alternative #3: The applicants could locate the proposed garage in a manner that complies with the LIDO building setback requirements; however, this would cause the garage to be located closer to the existing home and the removal of some trees. Alternative #4: The applicants could reduce the size of the proposed garage so that it complies with the UDO building setback requirements and does not compromise the health of the trees on site. 13 0 STAFF RECOMMENDATION Staff recommends denial of the variances because the applicants have failed to show that a special condition exists with the property, which creates a hardship that deprives them of a substantial property right. SUPPORTING MATERIALS 1. Application 2. Survey 14