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HomeMy WebLinkAboutSTAFF REPORT MEMORANDUM October 28, 2003 TO: Planning and Zoning Commission FROM: Spencer Thompson Email: sthompson @cstx.gov SUBJECT: VARIANCE REQUEST AND REPLAT for LOT 5, BLOCK 1 of FS KAPCHINSKI SUBDIVISION Item: Public hearing, discussion, and possible action on a Variance Request to Section 18 of the Subdivision Regulations and a Replat for Lot 5, Block 1 of FS Kapchinski Subdivision consisting of 2 lots on 0.9 acres generally located at 1609 Park Place. Applicant: Kerr Surveying, Agent Staff Recommendations: Staff recommends approval of the Replat on the condition that the variance request is approved. Item Summary: This item is firstly, the consideration of a variance request to Section 18, Platting and Replatting Within Older Residential Subdivisions. The regulation is applicable to subdivisions platted prior to July 15, 1970. The regulation states: 18 -8. In addition to the other provisions of this ordinance, no plat, replat, vacating and resubdividing plat or other plat intended to provide for the resubdivision of an existing lot or lots in a residential subdivision may be approved unless: 18 -8.1 The plat does not create an additional lot or building plot. 18 -8.2 A plat which does create an additional lot or building plot must meet or exceed the average width of the lots along the street frontage, for all lots in the block and contain at least 8,500 square feet of space for each dwelling unit. The plat does create an additional lot. Both Tots exceed the 8,500 sqft minimum cited above. The average width of the lots in the block has been determined to be 62 -ft. The Applicant is seeking to plat two Tots each with a width of 54 -ft. A variance is therefore required (see Section 5 Variances included below). The newly created lots would exceed the required 50 -ft minimum lot width for R -1 zoning. This area has recently seen new development activity. Lot width variances have been granted by the Commission in this area in the recent past; specifically the adjacent lots to the west. The Commission must first rule on the variance request. If approved, the Commission can vote on the approval /denial of the plat. Comprehensive Plan Considerations: Land Use Plan: Single- family, residential Zoning: R -1 Thoroughfare Plan: Park Place is a residential street Parkland Dedication: Fee in lieu of land. The fee is currently $556 per lot. One lot is existing. The fee is due on one newly created lot. Open Space Dedication: None Special Area Plans: N/A Attachments: 1. Area map 2. Application 3. Letter from Applicant 4. Plat on wall in Council Chambers SECTION 5: VARIANCES 55 = A 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 hereinbefore 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 created, 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: 5 -A.1 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; 5 -A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 5 -A.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 5 -A.4 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. 55 = 8 Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meetings at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that public health, safety, and welfare may be secured and substantial justice done. KERR SURVEYING CO. P.O. BOX 269 505 CHURCH STREET COLLEGE STATION, TEXAS 77841 Brad Kerr Telephone: Registered Professional (979) 268 -3195 Land Surveyor #4502 (979) 691 -8904 FAX September 18, 2003 RE: Replat of Lot 5, F. S. Kapchinski's Subdivision On behalf of our client we have submitted a Replat of Lot 5 in the F. S. Kapchinski's Subdivision on Park Place in College Station. We are requesting approval of the 2 new lot widths of 54.13 feet. The existing average lot width for the lots from 1603 Park Place to 1707 Park Place (41 lots) is 61.96 feet (see the attached exhibit). We are requesting a variance of 7.83 feet to the city Ordinance governing the lot width for older subdivision. Please note that 21 of the 41 lots under consideration have less than 54 feet of frontage lot width. Creating the new lot widths would not create a major density difference from the existing and on -going development in this area. The creation of the new lots will provide the opportunity for upgraded development of the existing lot. Thank you for your consideration in the matter. Sincerely, �LCG -I� & Louise Fischer CAD Manager, Kerr Surveying