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HomeMy WebLinkAboutApplication (12-157) FOR OFFIC S NLy CASE NO.: 1 ra 1 `,7 DATE SUBMITTED: — I` ° r2) ' € TIME: CITY OF COLLEGE STATION Home of Texas AeWvf University' STAFF: APPLICATION ZONING BOARD OF ADJUSTMENT MINIMUM SUBMITTAL REQUIREMENTS: $350 Zoning Board of Adjustment Application Fee. `n Application completed in full. This application form provided by the City of College Station must be used 7 and may not be adjusted or altered. Please attach pages if additional information is provided. '4X' Additional materials may be required of the applicant such as site plans, elevation drawings, sign details, and floor plans. The applicant shall be informed of any extra materials required. Date of Optional Preapplication Conference Not Applicable ADDRESS 2250 Dartmouth Street, College Station, Texas 77840 LEGAL DESCRIPTION (Lot, Block, Subdivision) A 2.66 AC portion of a 14.62 AC Tract in Morgan Rector League, A -46 APPLICANT /PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name Travis Martinek E -mail travis @clarkewyndham.com Street Address 3608 East 29th Street, Suite 100 City Bryan State Texas Zip Code 77802 Phone Number ( 846 -4384 Fax Number ( 846 -1461 PROPERTY OWNER'S INFORMATION (Please attach an additional sheet for multiple owners): Name Clarke & Wyndham, et. al. E -mail pjclarke @clarkewyndham.com Street Address 3608 East 29th Street, Suite 100 City Bryan State Texas Zip Code 77802 Phone Number ( 846 -4384 Fax Number ( 8464461 Current zoning of subject property WPC Action requested (check all that apply): X) Setback variance [ Appeal of Written Interpretation 1 1 Parking variance 1 1 Special Exception LI Sign variance E Drainage Variance n Lot dimension variance n Other Applicable ordinance section to vary from: Unified Development Ordinance, Article 5.7 (Note H) 10/10 Page 1 of 5 GENERAL VARIANCE REQUEST 1. The following specific variation from the ordinance is requested: The ordinance provides for a 15 -foot setback along the front of each lot, the applicant is requesting a variance of 8 feet to allow for a 7 -foot setback 2. This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving the particular property. The unique circumstances must be related to a physical characteristic of the property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will run with the land. Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees. Note: A cul -de -sac is a standard street layout in College Station. The shape of standard cul -de -sac lots are generally not special conditions. See Attachment A 3. The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is /are: Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements of the law. The hardship must be a direct result of the special condition. Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when compared to neighboring properties. See Attachment A 4. The following alternatives to the requested variance are possible: The applicant believes that the requested variance is the most reasonable solution considering all the factors and interests involved. 5. This variance will not be contrary to the public interest by virtue of the following facts: This variance will not impact any City owned property or use areas. The variance will create an effective setback consistent with other adjacent tracts in the event the City acquires a similar amount of right -of -way from those tracts. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. // r/z Signature and titl- ' Date Pty Iw OA i? to tT YAJANA 10/10 Page 2 of 5 GENERAL VARIANCE REQUEST 1. The following specific variation from the ordinance is requested: The ordinance provides for a 15 -foot setback along the front of each lot, the applicant is requesting a variance of 8 feet to allow for a 7 -foot setback 2. This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving the particular property. The unique circumstances must be related to a physical characteristic of the property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will run with the land. Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees, Note: A cul -de -sac is a standard street layout in College Station. The shape of standard cul-de -sac lots are generally not special conditions. See AttachmentA 3. The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is /are: Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements of the law. The hardship must be a direct result of the special condition, Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when compared to neighboring properties, See Attachment A 4. The following alternatives to the requested variance are possible: The applicant believes that the requested variance is the most reasonable solution considering all the factors and Interests involved. 5. This variance will not be contrary to the public interest by virtue of the following facts: This variance will not impact any City owned property or use areas. The variance will create an effective setback consistent with other adjacent tracts in the event the City acquires a similar amount of right -of -way from those tracts. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. if the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. L t� # 7/ / 2-- 2 Signature and title Date pAuL ()L REAL 41-c :r y 10/10 Page 2 of 5 GENERAL. VARIANCE REQUEST 1. The following specific variation from the ordinance is requested: The ordinance provides far a 15-foot setback along the front of each lot, the applicant is requesting a variance of 8 feet to allow for a 7 -foot setback 2. This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving the particular property. The unique circumstances must be related to a physical characteristic of the property Itself, not to the owner's personal situation. This is because regardless of ownership, the variance will run with the land. Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding Tots, specimen trees. Note: A cul -de -sac is a standard street layout in College Station. The shape of standard cul -de -sac lots are generally not special conditions. See Attachment A 3. The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship isfare: Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements of the law. The hardship must be a direct result of the special condition. Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when compared to neighboring properties. See Attachment A 4. The following alternatives to the requested variance are possible: The applicant believes that the requested variance is the most reasonable solution considering all the factors and interests involved. 5. This variance will not be contrary to the public interest by virtue of the following facts: This variance will not impact any City owned property or use areas. The variance will create an effective setback consistent with other adjacent tracts in the event the City acquires a similar amount of right -of -way from those tracts. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner Is a company, the application must be = compa led by proof of authority for the company's representative to sign the application on its behalf 11 Signature and titleI u / :TA vi Lp Date EI v 10/10 page 2 of 5 ATTACHMENT A -- 7/17/2012 General Variance Request - Questions 2 & 3 The proposed Lot 1 (see attached proposed Final Plat) is considerably impacted by a 50' wide gas pipeline easement that cuts diagonally through the property leaving a very limited buildable area between the easement and the existing Dartmouth right-of-way. As part of the proposed Final Plat, the applicant is required to dedicate an additional 18 feet of right-of-way. This additional right-of-way dedication creates an increased hardship on the amount of buildable area between the expanded right- of-way and the gas pipeline easement. The applicant is calculating the variance request for a 7-foot setback based on the following: • The development hardship created due to the limited buildable area between the right-of-way dedication and the existing gas pipeline easement. • The anticipated space needs of the applicant's proposed use. • The anticipated resulting setback that would exist after an expanded Dartmouth right-of-way along the frontage of the Huntington Complex, in the event that the City of College Station acquires a similar amount of right-of-way from that property as part of a Dartmouth expansion project, would be very similar to the setback requested by the applicant.