HomeMy WebLinkAbout02-00500172- 00074825MEMORANDUM
August 27, 2002
TO: Planning and Zoning Commission
FROM: Jennifer Flanery, Staff Planner
Email: jflanery@ci.college-station.tx.us
SUBJECT: Variance to the Subdivision Regulations for the Simmons'
property 3.12 acres located at 3435 Barron Cut-off Road.
Item: Discussion and possible action on a variance to the Subdivision
Regulations for the Simmons' property consisting of 3.12 acres located on
Barron Cut-off Road. (02-172)
Applicant: Mr. & Mrs. John Simmons
Staff Recommendations: Staff recommends approval of the variance.
Item Summary: The applicants are requesting a variance to the platting
requirements pursuant to Section 5 of Chapter 9, the Subdivision Regulations, of
the College Station Zoning Ordinance in order to replace a manufactured home
on 3.12 acres of land that is currently zoned A-O, Agricultural Open.
The Subdivision Regulations require that the entire parent tract be preliminary
platted prior to final plat of the individual lot. The applicant is asking for a
variance to allow them to final plat their 3.12-acre tract without preliminary
platting the entire parent tract.
The parent tract consists of 37.615 acres of land that was illegally subdivided
into 7 tracts of varying size by an heir to the original landowner. Mrs. Simmons
received a tract of land that is 3.12 acres. Until recently, there was a mobile
home on the applicants' property. The applicants removed the dilapidated
mobile home and had plans to replace it with a newer manufactured home.
When the applicants attempted to obtain a permit to locate the new home on the
property, they were denied because the land was not properly subdivided and
the current configuration of the lot was smaller than the 5 acre minimum allowed
by the A-O zoning district. Several attempts have been made in the past to get
the different owners of the tracts together for legal subdivision, without success.
Since the existing property is only 3.12 acres, a rezoning will be requested for A-
OX, Existing Rural Residential, as the next step in this process. The final step
will be the Final Plat, which will come before the Commission. At the time of final
plat the applicant will need to dedicate easements to provide for utilities through
this tract to adjacent properties.
Commission Considerations: The Commission may authorize a variance from
the regulation when, in their opinion, undue hardship will result from requiring
strict compliance. In granting a variance, the Commission shall prescribe only
conditions that it deems not prejudicial to the public interest. In making the
findings herein before required, the Commission shall take into account the
nature of the proposed use of the land involved, the existing use of land in the
vicinity, the number of persons who will reside or work in the proposed
subdivision, the possibility that a nuisance will be creates, and the probable
effect of such variance upon traffic conditions and upon public health,
convenience, and welfare of the vicinity. No variance shall be granted unless the
Commission finds:
• That there are special circumstances or conditions affecting the land involved
such that strict application of the provisions of this chapter will deprive the
applicant of the reasonable use of his land;
• That the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant;
• That the granting of the 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 chapter; and
• That the granting of the variance will not have the effect of preventing the
orderly subdivision of other land in the area in accordance with the provisions
of this chapter.
Comprehensive Plan Considerations: The Land Use Plan shows this area as
Medium Density Single Family Residential. The surrounding property is rural in
character with several residences on near by lots. Barron Cut-off Road connects
to both Barron Road and Wellborn Road, which are both shown on the
Thoroughfare Plan as minor arterials in those locations.
Attachments:
1. Small area map
2. Copy of Survey
3. Letter from Attorney Charles Ellison
• That the variance will not be detrimental to the public health, safety,
and welfare of the community
• And that the variance will not prevent the orderly subdivision of other
land in the area.
Slide 5 (Commission Options)
The Commission has final authority over a variance to the subdivision
Regulations. This is a reminder of your options.
You may:
Approve;
lieny;
Table; or
Defer action.
You should have received a letter in your packets from Mr. Ellison regarding
this variance.
That is all I have. I will be happy to answer any questions.
Mr. Ellison and the Simmons are here to answer any questions that you may
have of them.
Aug-22-02 04:53pm From-Ellison Law 9796938819 T-709 P-01/03 F-296
CHARLES A. ELLISON, P. C.
ATTORNEYS AT LAW
2501 ASHFORD DRIVE
SUITE 100
COLLEGE STATION, TEXAS 77640-4698
MAILING ADDRESS
P.O. BOX 10103
COLLEGE STATION, TEXAS 77842.0103
AMY A. ELLISdN TELEPHONE: (078) 688.8889
'also lioens" aa in in wi Wi;oonsm FACSIMILE; (979) 693-9815
August 22, 2002
BY FACSIMILE 764-3496
City of College Station Development Services
1101 Texas Avenue
College Station, TX 77840
ATTN: NATALIE RUIZ
Re: Mr. and Mrs. John Simmons
Dear Natalie:
I have previously delivered to you 7 copies of a plat of survey depicting the Simmons' tract which
is the subject of this request for a variance. The Simmons are requesting the Commission grant
a variance allowing them to plat their 3+ acre tract without including the adjoining tracts belonging
to Mrs. Simmons siblings.
Facts
Mrs. John Simmons, along with her five brothers and sisters inherited an undivided interest in a
37.615 acre tract of land off Barron Cutoff Road from their father. The land lies within the city limits
and is currently zoned A-0. One of the brothers, Chester, was appointed as the Administrator of
the estate. In satisfaction of the laws of descent and distribution, Chester obtained a survey of the
property and distributed to each child, in fee simple, a portion of the tract. Unfortunately, he did
not comply with the subdivision requirements of the City of College Station ordinances.
Subsequent to receiving the land by partition deed, Mr. Simmons lost his job in Houston and Mrs.
Simmons became ill. They moved back to Brazos County anticipating moving on the land which
she had inherited from her father. They removed a dilapidated mobile home from the tract, put
down a deposit for a new manufactured house and were told they needed a City permit. The
request for a permit to place the manufactured house on the property was denied by the City
because the property was [1] not appropriately zoned; and [2] subdivided in violation of the
subdivision ordinance,
The Simmons, through their first attorney, Joe Horlen, attempted to get a consent of all the brothers
and sisters to platting the 37,615 acre tract so that each person would be able to use their
respective tract. Some of the siblings agreed, some refused to cooperate. Without the cooperation
of all of the parties, there can be no subdivision of the 37.615 acre tract in accordance with the
subdivision ordinance and thus the Simmons would be deprived of their use of the property as a
home site.
Aug-22-02 04:54pm From-Ellison Law 9796938819 T-709 P.02/03 F-296
Page 2
August 22, 2002
Authority
The Commission is authorized to grant a variance from the requirement that the entire 37,615 acre
tract be subdivided if, "in their opinion, undue hardship will result from requiring strict compliance".
In making their decision the Commission must take into account [1] the nature of the proposed use
of the land; [ii] existing use of the land in the vicinity; [iii] the number of persons who will reside or
work in the proposed subdivisions; [iv] the possibility that a nuisance will be created; and [v] the
probable affect of such variance on traffic conditions and upon public health, convenience and
welfare for the vicinity.
In order to grant a variance, the Commission must find:
There are special circumstances or conditions affecting the land involved such that
strict application of the provisions of the subdivision ordinance will deprive the
applicant of reasonable use of their land;
2. That the variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant;
3. That the granting of the 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 chapter; and
4. That granting the variance will not have the affect of preventing the orderly
subdivision of other land in the area in accordance with the provisions of this
chapter.
Facts in Support of Authority to Grant Variance
The Commission is urged to consider the following matters it is required to take into account:
1. The property will be used as a single family residence.
2. The property and the surrounding land, though in the City limits, is generally rural in
character.
3. The only persons to live or work on the property will be Mr. and Mrs. John Simmons.
4. The only nuisance that was on the property was the dilapidated manufactured home which
Mr. Simmons has removed. The placing of a new manufactured house will only improve
the aesthetics of the general area.
5. There will be a de minimus effect on traffic conditions, and no effect on the public health,
convenience or welfare of the vicinity by the granting of this variance.
In support of the findings which must be made by the Commission, the applicants submits the
following.
AuQ-22-02 04:54pm From-Ellison Law 9796938819 T-709 P.03/03 F-296
Page 3
August 22, 2002
1. If the subdivision ordinance is strictly applied, the Simmons will never be granted a permit
and will be deprived of their ability to live on the land, which is a reasonable use of the land.
2. Without the variance, the land has effectively no use as it is too small for agriculture and
not properly zoned for a single family residence.
3. There will be no detriment to the public health, safety, or welfare or injurious to other
property in the area or to the City in administering this chapter.
4. The granting of the variance on this particular tract of land will not prevent other tracts of
land from being required to comply with the subdivision ordinance or meet the variance
requirements, as the case may be.
Conclusion
The subdivision regulations exist to protect the public from random divisions of property which are
adverse to the public health, safety and welfare.. The granting of a variance in this circumstance
will have no detrimental impact on the public's health, safety or welfare. Application of the
ordinance will serve to deprive the Simmons of any effective use of their property. Finally, the
Simmons did not voluntarily undertake to subdivide this property. They were merely the recipients
of a portion of the property deeded to them by the administrator of her father's estate. Such
subdivisions of property are common when there is an undivided interest in the land. It would be
disastrous to the Simmons for the City to ignore the benefit which will be gained by granting this
variance, especially in view of the fact that there is no discernable harm caused by the granting of
the variance.
Thank you for your consideration.
Very truly yours,
Char s A. Ellison
CAE:bg
Enclosures
cc: Mr. and Mrs. John Simmons