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HomeMy WebLinkAbout146 Zoning Board of Adjustments November 18, 1980\ City of College Station POST OFFICE BOX 9960 I I 0 I TEXAS AVENUE COLLEGE STATION, TEXAS 77840 November 10, 19 80 MEMORAN9UM TO: Members of the Zoning Board of Ad"ustment PROM: Jim Callaway, Zoning Official SUBJECT: Regularly Scheduled Meeting, November 18, 1980 Due to a lack of variance requests, there will not be a Zoning Board of Adjustment meeting on Novem5er 18, 1980. l .I ZONING BOARD OF ADJUSTMENT FILE NO. Name of Applicant Brentwood, Inc. (Richard Smith) Mailing Address 3743 Texas Avenue, Bryan, Texas 77801 Phone 846-3743 Location: Lot Blocks 2 & 3 Subdivision Brentwood, Section 5 Description, If applicable See Exhibit A hereto ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Action requested: Approve duplex zoning on lots which do not meet the width require- ment of the zoning ordinance. NAME ADDRESS (From current tax rolls, College Station Tax Assessor) BLOCK l LOT l Schabel, David J. 2314 Auburn Court LOT 2 Jones, Chalan P. o. Drawer CR, c. s. LOT 3 Threan, Thomas 23l0 Auburn Court LOT 4 Fletcher, Sterling D. 2308 Auburn Court LOT 5 Valdez, Guillermina G. 2306 Auburn Court LOT 6 Lifland, Andrew T. 2304 Auburn Court LOT 7 Davidson, James E. 2302 Auburn Court LOT 8 Craig, William H. 2300 Auburn Court LOT 9 Miller, Robert D. 2301 Auburn Court LOT 10 Knox, George W. 2303 Auburn Court LOT 11 Thompson, Aylmer H. P. 0. Box 9187, c. s. LOT 12 Young, Clifford P. 0. Drawer CE, c. s. LOT 13 Connelly, Jon Christie 2309 Auburn Court LOT 14 Callaway, John R. 2311 Auburn Court LOT 15 Miller, Gerald E. 2313 Auburn Court LOT 16 Morley, Ronald 23l5 Auburn Court Joe Courtney, Inc. P. 0. Box 4305, Bryan, TX 77801 ZONING BOARD OF ADJUSTMENT FILE NO. Present zoning of land in question R-1 (chanqe to R-2 is pending) ~ Section of ordinance f rom wh i ch variance i s s ought ~~~~~~~~~~~~~~~~~ The followi n g spec ific variation from the ordinance i s reques ted : Lot width This variance is nece ssary d ue t o the f ?llow ing unique and sp e cial condition s o f the land n o t f o u nd i n like d i s t ricts : See Exhibit B hereto The following alternatives to the requested v arianc e are po ss ible : None This var i ance will not be contrary to the public i n teres t b y virtue of the following I ' facts: See Exhibit B hereto The facts stated by me in this application are tru e and corr ect. Applicant Date 1 Exhibit A to Zoning Board of Adjustment Application of Brentwood, lnc. Block 2 Lot 2 Lot 3 Lot 4 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 Lot 13 Block 3 Lot 2 Lot 3 Lot 4 Lot 5 Lot 9 Lot 10 Lot 11 Lot 12 .; Exhibit B to Zoning Board of Adjustment Application of Brentwood, Inc. History of the Property The lots which qre the subject of this application were zoned R-2 (duplex) by action of the city council on .l//fA /2.t H).) /Y 7(, (Ordinance No. /t>ll ) . It later became apparent 1 / that the market for duplex lots was not strong enough to justify developing the entire property for duplexes and upon request by the owner, Brentwood, Inc., the city council zoned the property back to R-1 on ~£8~v~y~~1 1977 1 (Ordinance No. 1010 ) . In 1980, the market for duplexes strenghthened dramatically and the owner has firm contracts for the sale of the subject lots contingent upon having them zoned back to R-2. This zoning application is pending at this time. Current Situation Although the lots met all the requirements of duplex zoning when they were platted, because of a very recent amendment to the zoning ordinance, 19 of the 44 lots in Blocks 2 and 3 do not now meet the width requirement. Factors involving "unique and special conditions of the land" and "undue hardship" This case is unique and special in that the lots have already been platted and all improvements including streets, sidewalks, sewer and water lines, street lights and fire- plugs have been installed. At the time of platting, all requirements of duplex lots were met. Failure to grant the variance would impose undue hard- ship because 5 lots would be lost. These lots have an aggregate value of $55,000 and this cost would have to be absorbed by the remaining 39 lots. This would add a direct cost of over $1,400 to each lot. The 5 lots which would be lost have a total width of 350 feet (5 x 70'). Only an aggregate of approximately 50 feet is needed to bring the 19 lots up to the prescribed width. Therefore, it would eliminate 350 feet of lots to gain a combined 50 feet of width for the 19 affected lots. Public Interest Through recent action, the College Station City Council and staff have made an attempt to meet the increasing demand for affordable first homes and rental property for young couples. This effort comes at a time of increasing housing costs which have priced most young couples out of the market. It is consistent with this effort to approve the requested variance. The direct cost increase as stated above of $1,400 per lot will be avoided by granting this variance. Does this variance observe the "Spirit of the Zoning Ordinance?" My impression of the purpose of amending the zoning ordinance was to lower housing costs by allowing duplexes to be split in half for separate sale. To allow this to happen, a minimum duplex lot width of 70 feet was adopted. Since the duplexes in my subdivision will not be "split" the 70 foot width appears to not be necessary. Also the total area of my lots as now platted exceeds the new mini- mum area by up to 50 %. While the lot widths are short by from 1-5 feet, the depths are well in excess of the mini- mum required. ~ ZONJiNG BOARD OF AilJUSTMENI' FILE NO. ------- REVIEW AND COM1ENI': Building Official REVIEW AND CXM1ENI': Fire Marshall REVIEW AND COM1ENI': City Engineer DATE SET FOR HEARING -------------------------- ADJOINERS NOTIFIED --MAILING DATE -------------------- -, The zoning Board of Adjustrrent has examined the facts presented. herein and reflected in the minutes of the public rreeting o f and have detennined. that the ~~~~~~~~~~~~~~~ requested vari ance ( IS I IS 001' ) contrary to the public interest and that unique and special condition s ( 00 / 00 l'J0'1' ). exist as staed herein and as reflected in the minutes of the Board's proceedings and the variance as requested herein ( I S / IS NY!' ) approved subject to the foll<JN ing terms and conditions :. Chairperson Date Zoning Board of Adjustment NOTE: Any person or persons · or any ta.:r:payer or any officer-,. de partment, board, corronission or c orroni ttee of the Ci -ty, jointly or severally, aggrieved by any decision of the Board of Adjustment, may present to a court of record a peti t i on, v erified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board.