HomeMy WebLinkAbout194 ZBA Anna Lou Jessup-carport in Row 115 LeeAGENDA ITEM NO. 7: Consideration of a variance request to the rear and side setback re-
quirements as set forth in Ordinance 850 Table A, for the erect i on of a carport at 115
Lee Street.
Richard Harper came forward, was sworn in and stated that he i s representing the owner
of the property. He gave the history of this home and the driveway which is all in place
and has been for some time. Mrs. Kee said the variance request wou ld be for 5 ft. into
the side setback requirements and 17 ft. into the rear setback r equirements . Mr. Mac-
Gilvray spoke of other possible solutions to the placement of thi s carport and Mr. Harper
pointed out that the poles would be in the middle of the driveway into the carport as the
building code requir es pole placement every so many feet for meeting windload requirements.
Jack Perryman was swo rn in and identified himself as a neighbor on Lee Street, said he had
grow n up in the area and requested that this variance be granted and that he had no object-
tions to the carport. Mr. Wagner pointed out that there is school-owned and used property
across Timber and asked whether anyone knew if this wo uld ever be used as R-1 Sin gle Family
Residential use ~ga in to which Mrs. Bought on indicated that this land had been donated to
the school district by citizens and she doubted if they could se ll it, therefore it would
probab ly always be used as part of th e operation of the school district. Board discussion
fol l owed concerning any possible uniqu e and special conditions which might include the lots
in th i s area going through from one street to anothe r, the existing structure being in the
middle of 2 lots and the school property across the street wh ich is being used for other
~an residential use.
Mr. MacGilvray asked to be shown why the carport co uld not be located in another spot and
Mr. Harper came forward and showed the max i mum clearspan allowable. Mr. MacGilvray pointed
out that up to 200 ft. can be spanned, and Mr. Harper said the applicant cannot afford
that type of steelwork . Mr. Upham exp lain ed that it is the Board's obligation to exp lor e
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ZBA Minutes
4-19-83
page 5
all areas and Mr. Lindsay further explained the obligations imposed by law that the Board
can only grant variances where owing to unique and special conditions of the land not
normally found in li ke districts a strict enforcement of the provisions of the ordinance
by the Zoning Official would result in unnecessary hardship, as well as not being contrary
to the public int erest . Mr, MacGilvray explained that the hardships cannot be self-imposed
or financial only in nature.
Mr . Wagn er made a mo tion to authorize a variance to th e m1n1mum side and rear setback
(Table A) at 115 Lee Street from the terms of this ordinance as it w ill not be contrary
to th e public int erest, due to the fol lowing unique and specia l conditions of the land not
normally found in like districts: (l) the house is on 2 lots with public streets at both
ends; (2) the area is in an older or nearly special historic district in the City; (3) the
existing we ll-d esigned driveway with said carport wo uld give max i mum unobstrusive use of
the drive without detracting from the visual aspects which now exist and because a strict
enforcement of the provisions of the ordinance would result in unnecessary hardship, and
such that the spirit of this ordinance shall be observed and substa ntial justice done and
with the fo llowing specia l conditions: to ~it, the 5 ft. side and 17 ft. rear setback
varianc e . Mr. Lindsay seconded for purposes of discussion only, and then stated that in
his opinion the asthetics condition should not be included in the motion . Mr. MacGilvray
& Mr. Upham agreed.
Mr. Wagner then amended his motion to r ead as follows: "I move to authorize a variance
to the minimum side and rear setback (Tabl e A) from the terms of this ordinance as it w ill
not be contrary to the public interest, due to the fo l lowing unique and spec ial conditions
of the land not normally found in like districts: (1) the house is on 2 lots with public
streets at both ends, (2) the existing structures and u ses of property surro unding these
lots and (3) the carport as designed makes eff ic ient a nd more use of the existing drive-
way, and because a str ict e nforcement of the provisions of the ordinance would resu lt in
unnecessary hardship, and s uch that the spirit of this ordina nc e shall be observed and
substantial justice done, and with the following cond iti ons : to wit , the 5 ft. side and
17 ft . rear setback variance. Mr. Lind say then seconded th i s amended motion wh ich carried
u nan i mo u s l y . ( 4 -0) .
AGENDA ITEM NO. 8: Other business
Mrs. Kee referred to her memo which is included in the packets and explained that the
time between the filing deadline and the day th e ads must go to the newspaper and the
letter to the Post Office is sometimes too ,short for the Planning Technician to prepare
properly, and the request is to change the filing deadline from Friday noon to Wednesda y
noon. Board concurred, and Mr. Wagner made a motion to that effect with Mr. MacGilvray
seconding. Motion carried unanimously . (4-0).
Boa rd asked Mrs. Kee to discuss the matter of one apa rtment complex vs. different owners
and separate complexes with the City Attorney prior to the next meeting.
With other business concluded, Mr. Wagn er made a mot ion to adjourn with Mr. Lindsay
seco nding. Moti on to adjourn carried unanimously (4-0).
APPROVED:
Dan MacGilvray, Acting Chairman
( ATTEST:
City Secretary, Dian Jones
ZONING BOARD OF ADJUSTMENT FILE NO.
¥.ailing Address ___ 115 LEE STREET , COLLT<:Gl!: S 1'fT I Q~.--T--"X~------~
Phone 6 93-5 286 ------------
Lot 8 /9 /10 Location: Block 3 ---=---Subdivision OAKWOOD ADDITION
Description, If applicable ---------------------------
A~tion requesteci: .R~.C TION OF CARPORT ON l\XISTING SLAB
NAME ADDRESS
(From current tax rolls, College Station Tax Assessor)
--------~------------------~ -----------~---
---·-------------------------------
• ZO NING BOARD OF ADJUSTMENT FILE NO. ----
Section of ordinance from which variance is sought ----
The following speclfic variation from the ordinance j_s requested:
-------~
OB'T RU DE "5 FF.ET . 11 TO S DE / S ~T BACK , -AND . ..A'P P OX U 'ATS LY 7 FS~T ------
I in o RF.AR S~T B ..AC
This variance is necessary due to the following unique and special conditions of
the land not found in lik2 districts:
HE PA R I G ARB.A IS PRESENTLY I N P LAC EAND DESIGNED
FOR ACCESS FROM lC ITHER END. POS I TIO NING OF THE COVER I N ANY
OTHER LOC AT I ON WI LL DE LF.TF. ONS PAR KI NG SPA C ~ B ~CA U S ~ OF A CAR'S
-~
TUR NING RAD IUS . 0 SPAC F. WOU LD B~ L T, OR DUAL ACC ESS WO ULD
BF. LOST, IP C O 'r'R -f"S--~?.i'JI/A /W CliltRl!NT ZO LU ~~G Pi\Q U I R 7.1"1 ~.1n~.
The following alternatives to the requested variance are possible: -------
NO NE
This variance wiil not be contrary to the public interest by virtue of the following
·~ ..
f;,;_ct~: WI LL ADD P ROP ~RT Y VAL UE, AND IMPROVE APP F.ARA C E,,__~~~
OF P ARKI G AR~A
The facts stated by me in this application a r e true and correct.
4 1 8/83
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City of College Station
POST OFFICE BOX 9960 11 0 1 TEXAS AVENUE
COLLEGE STATION, T EXAS 77840
April 11, 1983
TO WHOM IT MAY CONCERN:
The Zoning Board of Adjustment for the City of College Station will consider
a request for a variance in the name of:
Anna Lou Jessup
115 Lee Street
College Station, TX
Said case will be heard by the Board at their regular meeting in the Council
Room, College Station City Hall, 1101 Texas Avenue on Tuesday, April 19, 1983
at 7:00 P.M.
The nature of the case is as follows:
Applicant requests a variance to the rear and side setback requirements as set
forth in Ordinance 850 Table A, for the erection of a carport at 115 Lee St.
Further information is available at the office of the Zoning Official of the
City of College Station, ~09)696-8868.
Jane Kee
Zoning Official
' ,
DATE(S) TO BE PUBLISH ED: --y ~"-2.//_-~-L:>/J v
BILL TO: THE CITY OF COLLEGE STATION
P. 0. BOX 9960
COLLEGE STATION, TEXAS 77840
TO WHOM IT MAY CONCER.i"~:
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The Zoning Board of Adjustment for the City of College Station will consider a request
for a variance in the name of:
Anna l 011 .Jessup
115 Lee Street
College Station, TX
~aid case will be heard by the Board at their regul a r meeting in th e Council Room, College
Station City Hall, 1101 Tex a s Avenue on Tuesda_y, __ April 19, 1983 at 7:00 P.M.
The nature of the case is as · follmis:
Applicant requesba variance to the rear and side setback requirements as s~t
forth in Ordinance 850 Table A, for the erection of a carpbrt at 115 Lee Street.
·.• ..
Further information is available at the office of th e Zoning Official of the City of
College Station, (409) 696-8868 ext. 247.
Jane Kee
Zoning Officia l
City of College Station
POST OFFICE BOX 9960 11 0 1 TEXAS AVENUE
COLLEGE STATION. TEXAS 77840
Office of t he
1'ax Assessor-Collector
Dear Taxpayer:
We thank you for your payment of the 1979 taxes on your property
located in the City of College Station. Your tax receipt is en-
closed. We appreciate very much your attention to this matter.
If our office can be of service to you at any time, feel free to
call on us at, 696-8868.
Sincerely yours,
GLENN SCHROEDER
Tax Assessor-Collector
Enclosure
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