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Home My WebLink About116 Zoning Board 4.17.79AGE NDA ZONING BOARD OF ADJUS'IM ENT April 17, 1979 7: 00 P.M. 1. Approval of the minutes of the meeting of March 20, 1979. 2. Consideration of a request for expansion of a non-conforming structure at 1303 Augustine Ct. 3. Other Business 4. Adjourn c ( MEMBERS PRE SEN T: MEMBERS ABSENT: VISITORS: MINUTES ZONING BOARD OF ADJ1J S'IM ENT March 20 , 1979 7 :00 P . M. Acting Chairman Harper, Ha wley, DuBois, Ringer, Hughey. Jones Building Official Koehler, Community Developme nt Director Calloway, Mr. Robert Nash, Mr. Glenn Wilcox , Mr . Don Broushard , Mr. Jerry Majors, Dr. Wa llace McMath. Age nda Item Numbe r 1 --Approval of the minutes of the meeting of February 20, 1979 : Ringer moved that the minutes be approved as presented . The motion . was sec ond ed by Hawley and unanimous ly approved . Ag enda Item Numbe r 2 --Cons id eration of a reque s t for a variance from Robert Nas h, 301 Po plar Street: Harp er reviewed the Board 's pr evious considerations of the matter. (Hughey joined the meeting, but did not assume the chair). Mr . Nash explained hi s submissions and his absence from previous meetings. He explained that the p osition of major trees blocked vehicular acce ss to a structure except in this location . He said that further expansions could be made without harm to the t r ees . Mr. Wilcox introduc ed his mother 's letter of March 17 , 1979 and said that their concern 1 s wer e a pos s ible restriction of u se of their property and a deterioration of present value of their property due to crovrjing on the adjacent property. He said that there is room on the property for the .. con struction within the setback requirement . Hugh ey a sked what unique c ircumstance existed. Th ere was no reply. . Mr. Broushard pointed out his adjoining property and said that he had no objection . Koehler said that there v~uld be no effec t on adjoining setback, that he h ad no specifics about Mrs . Arnold's objection and that he coul d see no detriment to the City 1 s interest in the proposal . The Chair moved that the variance be granted because there was no detriment to the public interest . The motion wa s seconded by Ringer and failed by the following vote: FOR: None AGAI NS T: Harper , Ringer, Hawley , DuBois, Hughey / ' •. / \ Minutes / Page 2 Agenda Item Number 3 --Consideration of a request for variance at 2817 Celinda Circle: Koehler said that he had not recommended to the applicant that he be present . The Board agreed that a representative of the appli- cant should henceforth be present in each case. Koehler explained that the discrepancy had been found by a survey and that it would be difficult to detect otheryQSe . He pointed out that the house was complete and City in spectors had not noticed the problem. Har p er said that this appeared to be a serious breach of public open space. Hughey remarked that a variance prevented the City from making further complaint. Ko ehler explained that a complaint could be filed in Mun icipal Court against the builder for having deviated from plans, but that the trauma of a failure 9f· closing when an encroachment is discovered renders further penalty superfluous. Ringer remarked on the hardship of removing a part of the structure. Harper said that if a variance is granted, the structure thence- forth assumes the status of a non-conforming structure and than - any further building permits, except for the interior remodeling, must have the permission of the Board. The Chair moved that the variance be granted because a strict application of the ordinance would cause unnecessary hardship to the public interest. The motion was seconded by Hughey a.~d unanimously approved. Agenda Item Number 4 Co nsideration of a request for expa.~sion of a non-conforming use from Jerry Ma .jars at 107 College Ave: Koehler summarized the proposal and explained the previous variances . Mr. Maj ors described his propo sed structure and said that he had rented adjacent property for parking, but that his business y~S mostly ped estrian . Harper asked about notification. Koehler said that it had no t been sent for this proposal, but it was not r equired except by policy. He said that the notice Y~uld be identical to that given for the last month 's action and that the adjacent ovners '!;.>ere the les sors to this business . He remarked that any u se of the property interfered with traffic and was, to that extent, detrimental to a public intere3t, but that this "WOuld be s o yrnether or not the extension is allowed. Harper remarked that the overall public interest is unclear in this case. ( ·I I Minutes / Page 3 The Chair moved that t he exten s ion be allowed because of the unique shape of the land and because no substantial detriment to the public intere s t can be identified. The motion \Ja.S seconded by Hawley and unanimously approved. Agenda Item Number 5 --Consideration of a request for variance from Agency Records Control: Dr. McMath brought to the Board 's attention that his firm had modified building plans to add 2000 square feet of building area and explained the effect on the previous variance to parking requirements. The Board concurred that the variance v~s not affected by the additional area. Dr. McMath said that his project designers were unav~e of the restriction on detached signs . He pointed out that the size and configuration of his tract was such that the limit should not reasonably appl y . He pointed out that if the propertie s were seperately o\.l!l ed more signs 'WOuld be allowable. He said that his firm's operation was substantially different from retail uses and therefor unique , and that he could imagine no detri- ment to the public interest . He said that the distances invol- ved made any single sign ineffective and thus created a hard- ship . The Board discussed the question of the logic of the regulation and agreed that the proposal vias not objectionable. · They discussed the delay involved in obtaining an ordinance amendment . They agreed that the problem had to do with the provision of the ordinance not being appropriate or applicable to this size of tract, and that a variance would amount to changing the ordinance. Koehler recommended that the variance be denied in favor of recommending to the Council to change the ordinance because he could see no circumstance of this tract that v~s not true of any substantial commercial tract in the City. He saiq that he felt that the public interest v~uld be served by change of ordinance rather than stretching the varia..~ce procedure. Hughey moved that the request be tabled until the next regular meeting of the Board where the progress of an ordinance change could be evaluated. The motion was seconded by Hawley and unanimouSL y approved. The Board asked the Council Liaison to convey to the Council and Commi ssion their recommendation to consider a change in the ordinance in as early an action as possible. CIT Y O F COLLEGE STATION POST OFFICE BOX 9960 1 1 0 1 T EX.A S AV E N U E COLLEGE ST A TION, TEXAS 77840 April 12, 1979 MEM ORANDUM TO : Zoning Board of Adjustment FROM : Building Official SUBJECT : Meeting of April 18, 1979 1 . The only i tem of business is Dr. Helfer t 1 s case at 1303 Augustine Court. This property has been considered twice before in different aspec.ts . A variance has been granted to acknowledge the fact that the original structure ha d been built too near the rear l ine . 2. We will not know until the night of the meeting ~hat action the Council has taken on the amendment to sign regulations . 3 . An application ~~s rejected for a variance to front s etback on Holik Street . The applicant had not f urni shed any sensibl e information for the Board to co nsider his request •. I took the liber ty of so informing him in my refus al to forward the matter . Mr. Wi l lia m Ko e hler, Buildi ng G f ~ic e r City Hal l College S t ati on, Texa s De a r Mr. Ko e hl e r: 1 30 3 Au g ust i ne Co u r t Co l l e g e S t ation , Tex 77 8 40 2 6 Ha rch 1979 Refer e nce our pr evious conve rsa tion reg a rding comp l e tion of the mo d i f ica tion proj e ct a t this ad d r e f.ffJf5y the previous owner, autho rization is r eq uest~to construct either a two-c a r g a r gar a ge or -c a rport /storage area, per the attache,d sch ema tics . S ince this prope rty includes a non-confor ming structure (for wh i~h c e rtific a te of v a ri a nce has be e n issue d ) in tha t the house exceeds the Qinimum 2 5 foot s e t-ba c k from re a r boundary line b y five feet , authori- zati o n of the Zoning Board of Adjustment will be req uired. Th e sid e-ente ring g a rage wa s enclosed with br ick , including a fireplace and chimn e y, b y th e previou s own e r . This action was ap proved by th e Zo ning Bo ard o f Ad justme nt , ove r the o b j e ctio ns o f Capt. Mc Nabb, US AF, who s e property, fr onti n g on Ang elina Cour t , lie s i mmedi a tely b e hind this; the patio cover , er e cte d within the 25 foot set-ba c k was obj e cted to by Ca pt. Mc Nabb, and wa s con s e qu e n tly r em ove d . The s econd chimne y, to which he also objected, al- tho~g h a go od sev enty f ee t fro ~ his own dwelling , was a pproved. On 17 October 1978, ad ditiona l i nte rior mo d ification, including inst a llation of a third b a throom , hallway walls, and ventillation and wiring alterations \vere also ap p roved by the Bo a rd , over the initia l obj e ction of Capt. Mc Nabb. The pre sent a p p lic a t i on is f or a 20 x 24 two c a r ga rag e o r c a rport/storage ar e a, t o be construc ted of wood and /o r brick , and with a p e aked roof shingled with the same mat e rial as the house. The structure will be free· standing, and will in no wa y in f ringe upon the 25 ' r e ar and 7 1/2+ side boundary limits specified in the current Zoning Ordinanc e . Its purpose is to provide stor age for a camper, small bo a t, and numerous bicycles which presently sit out in the driveway. The construction will be in keeping with, and will serve to f .urther enhance , the present · attractive property . Building s tandards and zoning re- q uirements will be met. Encls: site plan drawi ngs list of n e i g hbors Name o f Applicant : Dr . Peter A. He l fer t Ad j r es s: 1303 Augustine Court , College Station , Tx 77 840 Ph on e : (713) 6 93-65 39 Property : LOt 27, Block 14, Southwood Subdivisio n Descrip tion of W)rk: Erection of 2-car garage or doub le carport with small storage area (inluding window in rear and door into car-port) on existing driveway. Original side-entrance garage was modified by former owner (brick wall and fire - place, and further improved by me to provide a fourth bedroom and b a th, plus h a llwa y, utility room and be t ter v entilation . Garage or c arport (~lt ernate plan ), will . be located more than 25 feet from r ear boundary of proper- ty, and at l east 7 1/2 feet from side boundary. Construc- tion of either garage or carport will include shingled (co mposition ) roof to match house proper . Structure will be fre e -standing, located about 16 feet from house; it will serve to further enhance the existing prope rty, which is presently without cover ·for campe r, boat and trailer, bicycles, etc. Careful check will be made to insure that building standards and zoning requirements are met. Action Requested : Addition to prese nt non-conforming use. Adjoin e rs notified Mailing Date Date for Hearing ADJOING PHOPERTY OWN ER S (All College Station) Nam e Addr e ss Lot No • Name Address Lot No. Phi l James 1309 Augustine Ct 26 Oliver Bishop 1307 Augustine 25 Lester -Shine 1309 II 24 David Morris 1301 A. 28 Arthur Gerl ow 1300 II 29 Walter Bradley 1302 II 30 Harren Heffington 13g4 II 31 Robert Ra ndall 1306 II 32 Gregory Shrader 130 8 II 33 Michael Ser:itton 130 6 Angelina ct 14 Vincent Sweat 1304 Angelina 13 Joseph McNabb 1302 " 12 Rod J. O'Connor 1300 II 11 David w. Gooss 1301 " 10 Area Progress Corporation --P.O. Drawer AF Lot 38 .. ~ ' r ~ ' ) ,.:;;-/ 7o /2E.8/c />/ecrctfE TJ" ,.</Nr. Co/f/C.A2GTC-Ft.vt'JIC ( K€fl-/< 0 ~ P;?ESC~T ::f>te.1t/F1tJA y) L.~t ======--======t ---/(,, cauiI/.E ~ ..... <-----~) -------'2..o' ------· /! P ,.t' d. ~· Y: 'fe '7 /J c:-r ,12 -· ~ r · -; ,.; ~ \ :· \ I ' -" . ' .J ~\ ,, .. . .. ;3 o .3 1 -. . ; ' _, . •" April 11, 1979 Mr. Warren G. Underwo6d 1004 Holik Drive Coll~ge Station, Texas 778 40 Dear M~. Underwood: CITY OF COLLEGE STATION POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION. TEXAS 778.i!O I will not forward your request for variance to the Zoning Board of Adjustment for the following reasons: 1) Nothing shown in your application to the Board expresses any unique or special condition of the land whatsoever . . -2) You have nowhere, where I can discern, shown any element of hardship sufficient to justify the City's setting aside of regulations designed to assure reasonable light, air and open space within resid ential districts. Sincerely, William F. Koehl~r Building Official WFK:gf .·