HomeMy WebLinkAboutMemoMEMORANDUM
August 24, 2004
TO: Planning and Zoning Commission
FROM: Spencer Thompson
Email: sthompson @cstx.gov
SUBJECT: VARIANCE REQUEST AND REPLAT for RICHARDS SUBDIVISION
LOT 11
Item: Public hearing, discussion, and possible action on a Variance Request to Section
18 of the Subdivision Regulations and a Replat for Richards Subdivision Lot 11
consisting of 2 lots on 0.25 acres generally located at 201 Richards Street. (04-
00500177)
Applicant: Kerr Surveying, Agent for Owner
Staff Recommendations: Staff recommends approval of the request for a variance
and Replat.
Item Summary: This item is for consideration of a variance request to Section 18 of
the Subdivision Regulations regarding Platting and Replatting in Older Residential
Subdivisions. The ordinance requires that when a replat is submitted for a lot where the
original subdivision was created before 7/15/70 and the replat creates a new lot, all lots
shown on the plat must meet two criteria:
■ All lots on the plat must meet or exceed the average width of the lots in the block,
and
■ All lots on the plat must contain a minimum 8,500 sqft.
The original plat for Richards Subdivision created all lots approximately 104 -ft by 104 -ft.
The minimum lot allowed in R -1 is 50 -ft by 100 -ft. Numerous properties in the area
have been resubdivided over the years to 52 -ft wide. According to the Applicant, the
current average width of the lots in the block is 74 -ft. The resulting lots from this replat
would be approximately 52 -ft wide containing 5,458 sqft. Therefore, the variance
request is for both provisions contained in the ordinance, lot width and lot area.
Lot 10 was resubdivided in March 2002 with a variance to Section 18. Lots 8 and 9
were resubdivided in March 2003 with a variance, as well. Lots 34, 35 and 36 were
resubdivided in October 1976 prior to Section 18.
Please note requirements of Section 5 regarding findings in consideration of a variance
request. Section 5 provided below.
The Comprehensive Plan shows this area as single - family, residential- high density (7 -9
dwelling units per acre). The variance is in compliance with the Land Use Plan.
Comprehensive Plan Considerations:
Land Use Plan: Shows the Richards subdivision as single - family residential, high
density.
Thoroughfare Plan: None in the immediate area.
Parkland Dedication: Parkland Dedication Fee and Development Fee are due on
newly created lot.
Attachments:
1. Area map
2. Application
3. Aerial
4. Average lot width calculation letter and exhibit.
5. Copy of Plat on wall of 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 per-
sons 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 pre-
venting the orderly subdivision of other land in the area in accordance with
the provisions of this chapter.
5 -B 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.