HomeMy WebLinkAboutCorrespondence Being an that certain tract or parcel of land Lying and being situated in the Robert Stevenson League, Abstract No. 54, Brazos
County, Texas. Said tract being a portion of the remainder of a called 38.1/7 acre tract as described by a deed to Will l Brown,
recorded in Volume 110, Page 226 of the Deed Records of Brazos County, Texas.
Said tract being described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found marking the west corner of said 38-1/7 acre tract and the north corner of a caned
4.167 acre tract described as first tract by a deed to William Grays and wife, Jessie Crays, recorded in Volume 209, Page 295
of the Dced Records of Brazos County, Texas, said iron rod found being within the apparent right-of-way of Barron Cut Of f
Road (a county maintained public road), for reference a 5/8 inch iron rod found on the northwest line of Lot 3, Benjamin
Graham Subdivision, according to the plat recorded in Volume 12, Page 384 of the Dced Records of Brazos County, Texas,
marking the common corner of said 38-1/7 acre tract and a wiled 12 acre tract as described by a decd to William Cray
recorded in Volume 99, Page 30 of the Deed Records of Brazos County, Texas, bears: S 45°34' 23" E for a distance of 1 722.26
feet from which a 5/8 inch iron rod found marking the common corner of said 38-1/7 acre tract and Lots 3, 5 and 6 ofsaid
Benjamin Graham Subdivision, bears: N 44° 01' 40" W for a distance of 983.00 feet (this line was used for bearing orientation
honoring the bearing system shown on plat prepared by Kling Engineering & Surveying for a 303.97 acre tract dated August,
1991);
THENCE: N 44 01' 40" E along the northwest line of said 38-1/7 acre tract for a distance of 184.98 feet to a 5/8 inch iron rod
set marking the north corner of this herein described tract, for reference a 5/8 inch iron rod found on the northwest line of
said 38-1/7 acre tract marking the west corner of aped 1 acre tract as described by a deed to Jerry Sweed and wife, Dorothy
L. Sweed, recorded in Volume 373, Page 283 of the Deed Records of Brazos County, Texas, bears: N 44° 01' 40" E for a
distance 0( 184.02 feet;
THENCE: 5 45° 35' 32" E through said 38-1/7 acre tract, at 7.82 pass the fenced southeast line of Barron Cut ON Road,
continue on for a total distance of 742.17 feet to a 5/8 inch iron rod set marking the east corner of this herein described tract;
THENCE: S 44° 01' 40" W continuing through said 38-1/7 acre tract for a distance of 185.23 feet to a S/8 inch iron rod set on
the common line of said 38-1/7 acre tract and said 4.167 acre tract;
THENCE: N 45° 34' 23" W along the common line of said 38-1/7 acre tract and said 4.167
fenced southeast line of Barron Cut Off Road, continue on for a total distance 0( 742.17 feet to the POINT OF BEGINNING
P
containing 3.15 acres of land, of which 0.03 of an acre lies within the apparent fenced right -of -way of Barron Cut Off Road,
leaving a net of 3.12 acres of land more or less as surveyed on the ground November, 1998. For more descriptive information
see plat prepared November, 1998.
U i b-(D -b2
foot "
CHARLES A. ELLISON, P. C.
ATTORNEYS AT LAW
2501 ASHFORD DRIVE
SUITE 100
COLLEGE STATION, TEXAS 77840 -4698
MAILING ADDRESS
P.O. BOX 10103
COLLEGE STATION, TEXAS 77842 -0103
CHARLES A. ELLISON TELEPHONE: (979) 696 -9889
AMY L. CLOUGH* FACSIMILE: (979) 693 -8819
also licensed in Wisconsin
October 10, 2002
BY HAND DELIVERY
City of College Station
Development Services
1101 Texas Avenue
College Station, TX 77840
Re: Rezoning Application /Joyce Simmons & John Simmons
Dear Sirs /Madames:
Enclosed herewith please find the following in connection with the Rezoning Application for Joyce
and John Simmons:
1. Rezoning Application;
2. Two (2) copies of a fully dimensional map as required;
3. Written legal description of the subject property; and
4. Rezoning Supporting Information Sheet.
If you need any additional information, please do not hesitate to contact me.
Very truly yours,
Ch rtes A. Ellison
CAE:bg
Enclosures
cc: Joyce Simmons w/o enclosures
•
CHARLES A. ELLISON, P. C.
ATTORNEYS AT LAW
2501 ASHFORD DRIVE
SUITE 100
COLLEGE STATION, TEXAS 77840 -4698
MAILING ADDRESS
P.O. BOX 10103
COLLEGE STATION, TEXAS 77842 -0103
CHARLES A. ELLISON TELEPHONE: (979) 696 -9889
AMY L. CLOUGH* FACSIMILE: (979) 693 -8819
'also licensed in Wisconsin
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.
•
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 [i] 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:
1. 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:
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,
4 4 ). A. Ellison
CAE: bg
Enclosures
cc: Mr. and Mrs. John Simmons
I
4
I Susan . .,., ... ..._, .. , . _.-. / Hazlett - Barron Road Cut -o P age 1
From: Natalie Ruiz
To: Susan Hazlett
Date: 11/21/02 12:18PM
Subject: Barron Road Cut -off
Could you please do some research? There were 2 men that spoke against the Simmons rezoning on
Thursday night & expressed some concern about the dilapidated house there. Please see if you can give
them a call to let them know that our Building Official has inspected the house and is working with the
property owner to have it demolished. He also identified 3 more houses along this roadway that he's
pursuing demolition of as well.
I'd just like to follow -up with them to let them know we're addressing their concerns. Please see if you
can make contact with them before it goes to Council on 12/5. Thanks Susan!
Natalie Thomas Ruiz, AICP
Development Manager
City of College Station
Phone (979) 764 -3570
Fax (979) 764 -3496
nruiz @ci.college- station.tx.us
www.ci.college-station.tx.us
College Station. Embracing the Past, Exploring the Future.
Q Olt CLvd 6 go- 0297 AL A ov Act e/c . j515 gact,'
CI s &r /I _lad i . eJ &I 25f ,
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. FILE COPY
Ci The Ci of
Coiiege Station Texas
Embracing the Past, Exploring the Future.
P.O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 • (979) 764 -3500
www.ci.college-station.tx.us
November 22, 2002
Mr. Guy Foster
3540 Buckingham Circle
College Station, TX 77845
Dear Mr. Foster,
At the Planning and Zoning Commission meeting last November 14, 2002, you spoke
during the public hearing portion of the meeting regarding the rezoning of the
Simmons Property located at 3435 Barron Cut -off Road. In that meeting, you expressed
concern regarding a dilapidated home on the adjacent property. Since the meeting, the
City's Building Official has inspected the house and is working with the property owner
to have it demolished. He also identified three additional houses along this roadway
that he is pursuing demolition of as well.
Thank you for attending the meeting and bringing this to our attention. We appreciate
your comments and the opportunity to address the concerns of our citizens. Please let
us know if we can be of any further service to you.
Sincerely,
C € /il —
Susan Hazlett
Staff Assistant, Development Services
and Board Secretary to the
Planning and Zoning Commission
Home of Texas A &M University
FILE CDV
0,2-2/6 cjCollege � The City of
Station Texas
Embracing the Past, Exploring the Future.
P.O. Box 9960 • 1101 Texas Avenue • College Station, TX 77842 • (979) 764 -3500
www.ci.college-station.tx.us
November 22, 2002
Mr. Don Ard
3545 Buckingham Circle
College Station, TX 77845
Dear Mr. Ard,
At the Planning and Zoning Commission meeting last November 14, 2002, you spoke
during the public hearing portion of the meeting regarding the rezoning of the
Simmons Property located at 3435 Barron Cut -off Road. In that meeting, you expressed
concern regarding a dilapidated home on the adjacent property. Since the meeting, the
City's Building Official has inspected the house and is working with the property owner
to have it demolished. He also identified three additional houses along this roadway
that he is pursuing demolition of as well.
Thank you for attending the meeting and bringing this to our attention. We appreciate
your comments and the opportunity to address the concerns of our citizens. Please let
us know if we can be of any further service to you.
Sincerely,
CAA/tbc/it
Susan Hazlett
Staff Assistant, Development Services
and Board Secretary to the
Planning and Zoning Commission
Home of Texas A &M University