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Home My WebLink About184 Zoning Board of Adjustments February 15, 1983AGENDA February 15, 1983 7:00 P.M. Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS 1. Approval of Minutes -Meeting of January 18, 1983. 2. Consideration of a variance request to the front setback for an existing residence at 706 Chalet Court. Application is in the name of B. C. Walling. 3. Consideration of a request for a ruling concerning the use of an accessory structure as a residence in a single family residential zone. Application is in the name of Ronald Cruse. 4. Other Business. 5. Adjourn. • • City of Col leg e Station POST OFFICE BOX 9960 11 0 1 TEXAS AVEN E COLLEGE STATION, TEXAS 77840-2499 February 9, 1983 MEMORANDUM TO: FROM: Zoning Board of Adjustment f\J! Jane R. Kee, Zoning Official'(}""' Agenda Items, February 15, 1983 SUBJECT: AGENDA ITEM NO. 2: The applicant is requesting a variance to the front setback of 4-5 feet for a single family structure built approx. 2 years ago. The structure is located at 706 Chalet Ct. on a cul-de-sac. The builder was Blackburn and Riley for Elmo Crenshaw. Apparently the individual wishing to occupy the structure cannot get approval from his financial institution with this ordinance vio l ation . I have spoken with the City Attorney concerning these types of variance requests and he sees these alternatives: (1) Grant the variance. (2) Deny the variance if you are willing to instruct the City to take action to remove or correct the violation. (3) Neither grant or deny the variance but authorize the staff to write a letter to the lender indicating the City 1 s knowledge of the problem but that nothing will be done to enforce compliance. The Board may wish to try to come up with some particular policy regarding these types of requests so that I might be better able to advise people. AGENDA ITEM NO. 3: The applicant is requesting an interpretation of a decision made by the staff concerning a second kitchen in a single-family dwelling. A building permit is pending for the construction of a single-family home in Emerald Forest with a separate bedroom, bath, living room, dining room and kitchen attached to the rear of the garage. Although the plans indicate this is to be a maid's quarters, Mr. Cruse stated to me that this unit is for his mother-in-law. The staff's policy has always been 'to deny permits for additions or renovations indicating a second kitchen. Please review the following definitions from Ordinance 850: 1-D.l ACCESSORY USE OR STRUCTURE, OR BUILDING: An "accessory use or structure" is one customarily a part thereof, which is clearly incidental and secondary to permitted use and which does not change the character thereof, including, but not limited to garages, living quarters for servants, bathhouses, greenhouses, or tool sheds. 1-D.3 APARTMENT: An "apartment" is a room or group of ro-oms used as a dwelling fi or one (l) family unit which does its cooking therein. l-D.30 DWEL LI NG: A "dwelling" is any building or portion thereof which is design e d or used exclusively for residential purposes. l-D.32 FAMILY: A "family" is any number of related persons or not more than four (4) unrelated persons living as a single housekeeping unit. The staff has always viewed a separate kitchen as providing a separate living unit. Although servants quarters are allowed, the definition (1-D.l) does not indicate that separate cooking facilities are necessary to provide living quarters for servants . This item is before the Board also as a result of Board action taken 1-18-77 (see minutes enclosed -item #3). , .. ZONING BOARD OF ADJUST?-!ENT FILE NO. ---- Name of Applicant -~B;;_:_·~C~.--'-W~A~L~L=I=~~1~G'------·------------------ Nailing Address Box 400 FULSHEAR TEXAS 774L~l Phone 713 491 4660 Location: Lot 16 ----Block ---Subdivision Chalet Vi·llage Description, If appli~able __ S_e_e_a_t_t_a_c_h_e_d_s_u_r_v_e_y..__ ______________ ~ Action reques ted: VARIANCE TO FRONT SET BACK LINT:: (L~-5 feet) NAHE ADDRESS (From curre nt tax rolls, College Station Tax Assessor) SEE ATTACI-IED SHEF'T' . • .ZONING BOARD OF ADJUSTilENT FILE NO. Present zoning of land in question ~--~~------------------ R - 1 SF Section of o r dinance from which variance is sought --------------~ TABLE A The following specific ·variation from the ordinance is requested: -------~ 4 ta 5 feet VARIANCE TO F~..ClL\!l~-B~L=D;,,i,.~G...,.... --aS'*'EJr-±Tc:EBr±>Att-Crf'Kc-.-+L7"IH'~++tE..;---------__;- This variance is necessary due to the following unique and special conditions of the land not found in like districts: NONE The fol~owing alternatives to the requested variance are possible: ----~-~ Tl1E STAFF COULD SEND A T.ETTKR 'T'Q THE T.ENffFR ASSTIRI>IG THE H THA.'T NO ACTION ·H oULD BE TAKEN mncH WOIII.D I MPAT1:-: 'T'HE TP COT I A'T'EPAI POSITION. (This will not suffice with most len_d_e_r~s~) _______ _ This variance will not be contrary to the public interest by virtue of the following ., . f~ct~: NO ONE E~ THE VIC IN I TY HAS COMPLAINED . THE HOUSE CAI1NOT BE FIUMJCED WITHOUT THE VARIANCE. THIS COULD INCREASE THE POSSIBILITY OF THE PROPERTY BECOMING VACAUT AND UNCARED FOR THEREBY, REDUCE~(; THE I • ,• Block 7, Lot l West Knoll 3 Denney, Michael E. 703 Concho Place College Station, Tx. 77840 Block 7, Lot 2 West Knoll 3 McCord, James W. 707 Concho Place College Station, Tx. 77840 Block 7, Lot 3 West Knoll 3 Murray, Roscoe H. 709 Concho Place College Station, Tx. 77840 Block 7, Lot 4 West Knoll 3 Nagi, S. A. Rt. 5, Box 1245 College Station, Tx. 77840 Block 7, Lot 5, 6 West Knoll 3 Soldevila, Maria P. 807 Concho Place College Station, Tx. Block 7, Lot 7 West Knoll 3 Monroe, Haskell M 7ll Cincinnati El Paso, Tx. 79902 Block 7, Lot 8 West Knoll 3 Christner, Tom H. 813 Concho Place College Station, Tx. 77840 Block 6, Lot lOR West Knoll 3 Giller, Robert A. 806 Lodgehill Houston, Tx. 77090 Block 6, Lot 11 West Barnes, George E. 2007 Langford College Station, Tx. Knoll 3 77840 Block 6, Lot 12 West Knoll 3 Bacica, L. D. 64 Hollyhock Lake Jackson,Tx . 77566 Block 6, lot 13,15 West Knoll 3 Farrar, Gerald 2339 So. Te xas College Station, Tx. 77840 Block 6, Lot 14 West Knoll 3 Wesp, Joseph E. Valley View Estates Rt. 2, Box 291-W San Marcos, Tx. 78666 Block l, Lot 16 De xter Place Clark, St i ll man 1216 Dexter Dr. College Station, Tx. 77840 Block l, Lot 17 De xter Place Hall, Milton R. 1218 Dexter Dr. College Station, Tx. 77840 Block 1, Lot 18 De xter Place Wise man, William M. 731 Langford Houston, Tx. 77079 Block l, Lot 19 Dexter Place Safe, Stephen H. And S. BA 1222 Dexter Dr. College Station,Tx . 77840 Block 1, Lot 20 De xter Place Morris, David Lee 1301 Augustine College Station, Tx . 77840 Lot 8R,1;10R-12R, 18 Cha '1et Millage Crenshaw, W. E. 1804 Sabina Ct. College Station, Tx . 77840 Lot 9R Chalet Village Halik, W. V. Jr. 4700 Portsmouth El Paso, Tx. 79922 Lot l6R Chalet Village Hitchcock, James B. 821 E. Pine St. Enid, OK. 73701 Lot 17R Chalet Village Jim G .. Strother (]09 Chalet Court College Station, Tx. Lot l8R Chalet Village Alston, Jon 910 Winding Rd. J 77840 College Station, Tx. 77840 LOt 17 Chalet Village Yanda, Lonnie V. 704 Chalet Court College Station, Tx. 77840 Lot 19 Chalet Village Wu, Shou-Huei 2611 Quiver Lane Houston, Tx. 77067 .. Lot 13R Chalet Village Fulton, Robert W. 701 Chalet Court College Station, Tx . 77 840 Lot l4R Chalet Village Ale xander, Patricia A. 703 Chalet Village College Station, Tx . 77840 Lot l5R Chalet Village Leca mu, Brenda K. 705 Chalet Court College Stati on, Tx. 77840 ~ MacARTHUR SURVEYS "-P.O . Box 4592 · LOT 16 .L.OT /8~ 706 C#ALET COt/l?T Lor 16 Bloc,._ _____ __,,f rhe Ch"llet Vill a ge in rhe ciry o[ __ c.;;...;;.o .;;;.l.;;;.l.;;..e...i."i.;;..e _S_t_"_t.;;;.1-'-o ""n __________ .... according ro rhe plar recorded in tJolumt 2 0 Page 9 1 of rhe dud of r:cords of Brazos Counry , T txas. /, James W. MacA rth~r, Registered Public Surveyor ,. No . 2089, · do hereby certify thar the above plat correctly represents a Survey made by mt or under my direction in "Dece!'lber , ]9_8"-2"'----- This plat was prepared/or the purpose of Tapo g;r aph lc a nd Tt tle Survey . ~e c o rn Be~ring s qnd d lst~nces on l o t 11nes . There are no visible shown hereon. encroachments other than those This property ·:!/is not in a JOO-year flood hazard area as established by the U. S . Army Corps of Engineers. ZO~ING BOARD Or ADJUST~IENT FILE NO. ---- ?fame of Applicant __ ..!.R~o~n!..!a~l:.:d~~C.::..r.!:;!u~s~e=----------------------- Pho:ie 696-2000 Location: Lots 2J & 22 Block O N E (1) SubdivisioOEREBAI n FOREST, PHASE SIX Description, If appli~able A residential dwel 1 ing containing approx imate] y 4222 sg ft of air conditioned area. a cornpositjon roof, brick with wood, concrete slab, and consisting of five (5) bedrooms, six (6) baths, an attached garage and a detached garage according to agreed upon plans and specifications. Action requested: Permit con ~tr~~tion of_ attached servants quarters with _kitchen per plan sheet #3 . NA}IE ADDRESS (From current tax rolls, College Station Tax Assessor) ZO:-lING EOARD OF ADJUSTHENT FJ.J.E NO. Present zonin~ of land in question ~~--.-....__~~~~~~~~~~~~~~~~~~~- Section of orc!inanc~ from which variance is sought N A --=~;o..:....~~~~~~~~~~~~~- The followi.ng specific variation from the ordinance is >~cc1uestcd: A ruling regarding a single family residence having two areas with cooking facilities. This variance is necessary due to the following unique antl special conditio~s of the land not found in like districts: NIA -~ ~· The following alternatives to the requested variance arc possible: NA This variance will not be contrary to th~ public interest by virtue of the following f~ct~: This particular residence is built on two (2) conformjng 1 ats wbj ch will not increase the density of the subdivision. We are usin~ one (1) water tap and one (1) sewer tap which is less than what the demand would be if two (2) homes were built on these lots. The facts stated by me in thi:; <tpplicatlon are true ancl correct. ~ ~-sz:--~ :::::::::=:::::=;:::::::::--:____ Ap?~ i C <!Ot Ronald Cruse February 3, 1983 Blk. l, Lots 6,7 Emerald Forest II Lane, Ralph Mrs. c/o Mike Lane 8606 Rosewood College Station, Tx. 77840 Blk. l, Lot 20 Emerald Forest VI Brooks-Taylor Inc. 4240 Carter Creek Ste 102 Brayn, Tx. 77801 Blk. l Lot 19 Emerald Forest VI Paul Hinton Bldg. Corp. 4343 Carter Creek Ste 115 Bryan, Tx. 77801 Tr. 17 Morgan Rector Blk. l, Lots 17, 18 Emerald Forest VI Haldec, Inc. 1607 Emerald Parkway College Station, Tx. 77840 Blk. l, Lot 24 Emerald Forest VI Tolmar Constructors 2900-H Longmire Dr. Cbllege Station, Tx. 77840 • MEMBERS PRESENT: MEMBERS ABSENT: MINUTES Zoning Board of Adjustment January 18, 1977 Chairman Weiss, Members Runnels, Comstock, Storts; Council Liaison Ringer; Building Offi cial Koehler Hughey 1. Approval of the minutes of the meeting of December 14, 1976. Storts moved that the minutes be approved. The motion was seconded by Comstock and unanimously approved . 2. Consideration of a request for variance from Mr. David Basco at 1203 Pershing. Koehle r explained the nature of the request and stated that, in his opinion, the structures in the neighborhood observed a 25 foot rear setback and that there were no unique conditions of the land. Mr. Basco cited detached structures at 1101 and 1103 Pershing and at 1201 Goode which infringed on a 25 foot setback and whe ther or not they were structures by definition, they had the effect of being structures thus creating an unusual situation of the land with respect to adjoining actual uses. Weiss reviewed the requirements for the granting of a variance. Comstock observed that the Boa rd could not grant a variance unless unusual conditions of the land could be shown and that he could see no such conditions. Weiss moved that the variance be granted. The motion was seconded by Runnels and failed by the following note: For: None Against: Weiss, Runnels, Comstock, Storts 3 . Consideration of an appeal from Tom Ch aney at 404 Fairview. Koehler explained that he had refused to issue a permit for the addition of a bedroom suite which contained cooking facilities separate from the existing kitchen in a single family residence on the grounds that the separate facilities would create a duplex as defined by the Building Department Policy. • Mr. Chaney said that the addition was to be used by members of the i me diat e family, that entrance t o the area could be gained only from the main part of the house and that strict appli cation of existing policy could exclude such common uses as a 11 wet bar 11 or convenience center in a recreation room or den. He sugg ested that policy should be modified so as to make enforcement cont i ng e nt upon violation by actual occupancy rather than structural charact eris t ics in cases where it would be possible to occupy the s tructure without violating the Zoning Ordinance. Weiss ob served that the structure could be occupied :as a duplex without any modification but that a duplex was not specifically de f ined in the ordinance. ~:eiss moved that the permit be granted, that the Certificate of Oc cupancy limit the occupancy of the entire struc ture t o IT.embers of one imediate family only, that ·the Building Official ask for an amendment to the Zo ning Ordinance to define a duplex, and in the interim that any similar cases be referred to the Board. Th e mot ion was seconded by Runnels and unanimously approved. 4 . Consideration of a procedure for sett ing meeting dates . foe '."lle r suggested that the Board establish the third Tuesday o:' each r:ion th as a regular meeting date subject to cancellation :·o:· lack of bus iness or lack of quorum and not requiring a call t:: the Ch airman . 'V.'i th th e consent of the Board, the Ch airman declared that the third Tuesday of each month would be the regular meeting date. ). O~he r Business . Koehler stated that the City attorney had deter- mined that beginning work without a building permit was an offense sub j ect t o the penalty provisions of the ordinance and did not require a change in the ordinance. c. Runnels moved that the meeting be adjourned. The motion was seconded by Comsto ck and unanimously approved. Mr. Bill Payne Attorney at Law P. o. Drawer E Bryan, TX 77805 City of Col lege Station POST OFFICE BOX 9960 11 0 1 TEXAS AVENUE COLLEGE ST1\T ION. TEXAS 7 7 840-2499 January 26, 1983 RE: Pizza Hut University Drive College Station, TX Dear Bill: I attempted have decided to put letter. to call this afterno·on and in your absence these comments to you in the form of a Concerning the "moratorium" on the granting of variances by the Zoning Board of Adjustment in the Northgate area (which I think was essentially a policy agreement between the board and the city council, rather than any formal action by the city council), it appears that the city council does have the authority in the field of land use planning to impose a moratorium on development in order to study appropriate regulatory alternatives. See for instance City of Dallas v. J. Roger Crownrich, 506 S.W.2d 654 (Tex.Civ.App.-Tyler, 1974). More significant than that issue, however, is the inquiry concerning the scope of the variance previously obtained by Mr. Lampo. I have concluded that the hours of operation aspect of the board's original discussion with Mr. Lampo is of doubtful enforceability, and having discussed this matter from a policy standpoint with the City Manager and the Mayor, hereby advise you that this city will not take enforcement action against your client in the operation of the Pizza Hut on University Drive after the hour of 9:00 P.M. unless significant traffic or crowd problems result from later operation. Should the city determine that those conditions do result, I will contact you and arrange a meeting with your clients at that time to discuss alternatives. I hope that you will find the above to be an acceptable and practical solution to the dilemma that Mr. Lampo has faces. I will be pleased to meet with you further on this item if you deem that to be necessary. LFD:jls " LAWRENCE, THORNTON, PAYNE, WATSON 8:: KLING ATTORNEYS AT LAW JOHN M . LAWRENCE Ill WILLIAM S. THORNTON BILLY M . PAYNE JAY DON WATSON CHRIS J . KLING WILLIAM S . THORNTON . JR . W . STEVEN STEELE Mr. Lowell F. Denton City Attorney City of College Station P. 0. Box 9960 308 EAST 25TH STREET BRYAN,TEXAS77805 January 31, 1983 FEB 0 2 1983 'C ffY OF COLLEG£ ST A TlUl\l \.tY . ---------. '.· .. ·--......... -'_ College Station, Texas 77840-2499 Dear Lowell: Re: Pizza Hut University Drive Our File No. 7870 ..,. ~ - ,'.,._.· ~ I , (. I ·" ~;.' ('.~ : . \' \ ) ..... . :· . ~ I i ' ( • I ;.i ' '-" .' MAILING ADDRESS: P .O . DRAWER E AREA CODE 713 TELEPHONE 779-1444 I received y our letter dated January 26, 1983, advising that no action will be taken against the Pizza Hut for operatin g beyond 9:00 p.m. unless significant traffic or control problems result. I have immediately advised the La mpos that they can be g in operations immediately. I wish to thank y ou for your prompt consideration of this matter following my recent letter. BP:bjt Colle ge St ation, Texas Fe b . l., 1983 The Zoning Boar0 of Ad just ment for the City of Colle ge Station : I p e rsonally wish t o thank y ou for your s tand and decision t o uphold our Zoning laws in not granting the Saslow 1 s request. I am sure their main reason for trying to pla c e this size and type of building is with the ent ent of using it for commercial reasons. When I told Hrs . Saslow that I could not a gree to their request to place the building near my property line, she comment e d t hat I was forcing her to g o t o Bryan . Th is indicates to me t ha t she wants to use it for commercia l re a son s . I trus t t hat y ou will acc e pt t his letter as a s t rong obj e c t ion to the Sas lows pu tti n g up t hi s size bu ild i n f" an d c e rtainly if its t o b e used for co mmercia l pur poses . The s e a r e t he feelin f o !: mo s t reside nts of Co l le ge Rills . Th a n.l.c ;.rou for backing us . Sincerely , '"rJVtA. ?, ~ t ~~ ·Mrs . E . F . Sauer 1005 Puryear Co~le g e Station , Texas