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HomeMy WebLinkAbout207 Zoning Board of Adjustments September 21, 1982} ' AGENDA City of College Station, Texas Zoning Board of Adjustments September 21, 1982 7:00 P.M. l. Approval of Minutes from August 17, 1982. 2. Consideration of a request for a Variance to Table A -Ordinance 850 - Minimum Side Setback requirements at 502 Boyett. Application is in the name of A. P. Boyett, Jr. 3. Consideration of a request for a Variance to Table A -Ordinance 850 - Minimum Front Setback requirements at 1107 Hawk Tree Drive. Application is in the name of Doni, Inc. d/b/a D. R. Cain Company. 4. Other Business. (See Memo) 5. Adjourn. .. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: AGEND A ITEM NO. l: MINUTES City of College Station, Texas Zoning Board of Adjustment s August 17, 1982 7:00 P.M. Board Chairman Cook, Mem bers MacGilvray , Upham, Wagner, and Alternate Member Lindsay; also Council Liai s on Boughton Donahue Zoning Official Kee and Planning Te chnician Vol k Approval of Minutes from July 20, 1982 Mr. MacGilvray made a motion to approve the minut e s; Mr. Upham second e d; motion carried. AGENDA ITEM NO. 2: Consideration of a Re qu es t for a Varianc e to Tabl e A -Ordinanc e 850 -Minimum Rear Setback Requir e me nt s at 106 Southl a nd in Coll eg e Station in t he name of A. G. Searcy. Zoning Official Kee gave the very complicat e d ba c kgroun d which led up to the nec es sity of Mr. Searcy requesting this variance. Mr. A. G. Searcy was then sworn in and gave more bac kground history, which brought out the fact that the City installed a 11 temporary 11 utility line down the center of his driveway, th e enti re length of hi s property many years ago to furnish power to the first street light in his neighborhood. He r e quested this 1 ight because he travelled all the time, and was concerned for the safety of his family in his absence. When Mr. Wagner asked why he had located the storage space where it was located, Mr. Searcy explained that becaus e of this power line, he could not put the building at the end of his driveway , which would have been the nor mal spot for this building, and where,-also,there would have been more t ,han ample space. He said that he had been trying to get the City to relocate that 11 temporary 11 line for 7t. years, to no avail. Mr. Upham indicated that he believed that the Board could get this line moved to a more safe location. Mr. MacGilvray asked if there was actually room on the property to accommodate this plan, and Mrs. Kee answered in the negative, further indicating that the site plan was not drawn to scale, but the figures on the site plan showed a 25 ft. setback, which turns out to be actually about 14 feet. Mr. Ronnie Watson was sworn in and said this plan had been drawn by a licensed archi- tect and had been submitted in good faith. He went on to point out that the utility line was there, attempts to get it moved had been futile, and therefore the construction of the new structure had already begun on the location which turns out to be out of compliance with the Zoning Ordinance. Mr. MacGilvray asked who had don e the plans, to which Mr. Watson ans we red that Don Hil I had dra wn them. Mr. Lind s ay repeat e d what he understood to have tak e n place, and asked if he understood correctl y . He al s o asked if he had conv e yed a utility e asement to the Cit y at th e ti me t he utility lin e was set and Mr . Searc y answered that he had no t . Chairma n Cook t he n mad e a motion to aut horize a varianc e to th e m1n1 mum se tbac k (Tabl e A) f rom t he t e rms of thi s ordinance as it will not be contrary to the pub! ic int e rest, due to t he un i q ue and unu s ua l circumstance s which includ e th e pre se nc e o f a 11 tempor a ry 11 utility lin e dow n th e l e ng th of th e pr o pe rty whi c h has be en th e r e for 15 year s , a nd th e fa ct that ma ny e r ro rs were committ e d by the Cit y e mploy ee s whe n Mr. Se arc y lost the fir s t b ui I d in g pe rmit a nd th e copy was iss ue d. Th ese ar e ve ry uniqu e c ircum s ta nces, an d ZBA Minutes 8-17-82 page 2 because of the errors made by the City, the encroachment was not noticed until the b u ilding was partially const r ucted, and a strict enforcement of the provisions of the ordinance shall be observed and substantial justice done if the variance to the rear setback does not exceed 11 feet. Mr. Wagner seconded the motion. Motion carried unanimously. Mr. Upham indicated at th i s pub! ic hearing that this was an occasion when the Board was being humane, and the case included one of off-setting errors. The Board then instructed Mrs. Kee to instruct the prorer department in the City to take ;care of the utility 1 ine, and then further instructed her to report back to the Board. If action had not begun on th is within 6 weeks, Mr. Searcy was instructed to call Mr. Upham. AGENDA ITEM NO. 3: Consideration of a Re uest for Variances to 6-G. 1 (front set- back , 6-G.3 side setback , 8-D.6 & 8-D.9 sign requirements , and 4-C.3 amount of expansion) -Ordinance 850, to the exis t ing Shell station located at the northwest corner of Nagle Street and University Drive, in the name of Broach Oil Company. Mrs. Kee explained the request, indicating the canopy over the pumps encroaches the front setback by 6 ft. and the Company wants to raise it higher, and further indicated that giving a sign variance would allow the Company to do something to that sign in the future, but if nothing was done to an already non-conforming sign, it would simply remain a non-conforming sign. Jack Cumpton, architect for Broach Oil Company was sworn in and stated that he under- stands that under today's ordinance, this building could not be b uilt. He further explained that the aim of Broach Oil was to raise the standards and the pub! ic image of a Shell service station. The canopy is too low for campers, which have become a large part of the customers regularly served today, and that due to the current construction of the canopy, they would 1 ike to use the existing poles and simply put extensions on them. He was asked why they did not make a firewall on the existing wall which sets too close to the side lot 1 ine, and he said the problem would be with the existing roof. He said that the expansion was needed to make space for additional storage, a cooler and for games. Kenneth Broach was sworn in and interjected that it was the Company's intention to have a real convenience store and to primarily handle fast turnover items. Mr. Lind- say asked about the type of alcoholic 1 icense and Mr. Broach answered that an on-pre- mises 1 icense had been applied for just to protect them in case someone opened a can on the premises. Kelly Broach was sworn in and gave the h istory of the Broach Oil Company. Mrs. Cook interupted by informing Mr. Broach that the Board appreciated the information, but was only concerned with how it related to this plan and the variances requested. Mr. Upham pointed out that this building, as well as most others in the Northgate area, was non-conforming, but this building has a useful 1 ife left, and the use is not changing. Mr. Wagner po i nted out that the expansion is to house games, coolers, etc. Mr. Cumpton said the addition of curbs will give better organized entrance/exit systems. Mr. Upham stated that the Board faces the problem of trying not to establish a precedence which will hurt future actions, and at the same time to upgrade the neighborhood. Mr. Upham then made a motion to grant al 1 variances requested, then after discussion, wi thdrew that motion, and made a new motion to authorize the enlargement of a building devoted to a non-conforming use where such extension is necessary and incidental to the existing use and does not increase the area of the building devoted to a non-con- forming use more than 25 % and does not prolong the 1 ife of the non-conforming use or ZBA Minutes 8-17-82 page 3 prevent a return of such property to a conforming use; to grant the requested variance to the front setback concerning the use of the existing canopies which will be simply raised in height and also with the special condition that the existing sign can re- main with the understanding that any future sign requ es ts must meet the current sign regulations spelled out in the Zoning Ordinance, and that no major maintenance or repainting or anything to extend the useful 1 if e of this existing sign can be done (when it is gone, it is gone), and that any future construction on this site will require requests for variances for that new construction. Mr. Wagner seconded the motion. Motion carried, with Mr. Lindsay voting against. Mr. Wagner made a motion to adjourn. Mr. Lindsay seconded. Motion carried unanimously. APPROVED: Vi Cook, Chairman ATTEST: Dian Jones, City Secretary City of College Station POST OFFICE BOX 9960 I I 0 I TEXAS A V ENUE COLLEGE STATION, TEXAS 77840 September 13, 1982 MEMORANDUM TO: Zoning Board of Adjustment FROM: Jane R. Kee, Zoning Official SUBJECT: Agenda Items -ZBA Meeting September 21, 1982 AGENDA ITEM NO. 2 -VARIANCE TO SIDE SETBACK -A. P. BOYETT, JR. The applicant is requesting a building permit for an addition to a residence at 502 Boyett. The existing house is 5 ft. from the side property line and was built in conformance with all City codes and ordinances ·at the time of construction. The proposed addition does not affect the .area of non-conformity at all, but is an addition to the rear of the house. The addition is 300 square feet and 11 does not increase the area of the building devoted to a non-conforming use 11 as speci- fied in Section ll-B.3(b) of Ordinance 850 . The staff has no problems with this request. Under Other Business, the staff would like the Board to consider a pol icy where permits for construction such as this (additions to non-conforming structures where proposed additions do not affect the actual area of non-conformity or do not create any non-conformity) may be permitted without Board approval . This would be for non-conformities involving setbacks and lot dimensions only, and not parking variances. AGENDA ITEM NO. 3 -VARIANCE TO FRONT SETBACK -D. R. CAIN COMPANY (Doni, Inc.) Applicant is requesting a variance .to the front setback fo~ an existing house where a recent survey indicated a garage encroachment of two feet. The house was permi t ted June 23, 1980, and the encroachment was apparently missed by all parties involved. AGENDA ITEM NO. 4 -OTHER BUSINESS (1) The Board established a pol icy on March 18, 1980 where expansion to conforming structures on a lot could be permitted without Board approval even if other non- conforming principal structures are on the lot (but not attached to the structure in question). The staff would like the Board to consider extending this policy so that, as in Agenda Item No. 2, a request for an addition to a non-conforming structure (the non-conformance being of setback, lot dimension, etc., but not parking) where the addition does not in any way affect or increase the area-Gf non-conformity or in any way create any non-conformance of its own, may be permitted without Board approval. (2) It seems that more and more calls are being received concerning home occu- pations. Several calls are for businesses which could be classified as personal service shops as defined by Section l-D.47. , ZBA Memo for 9-21-82 September 13, 1982 page 2 DEFINITIONS l-D.47 PERSONAL SERVICE SHOP: An establishment for the purpose of supplying 1 imited personal services such as, but not 1 imited to, barber, s hoe, boot , or "beauty" shops. l-D.38 HOME OCCUPATIONS: A "home occupation" is a commercial use customarily carried on in the home by members of the occupant family without structural alterations in the principal building or any of its rooms, without the installation of machinery or additional equipment other than that customary to normal household operations, without the employ ment of additional persons, and which does not cause the generation of other than normal noise, pedestrian and vehicular traffic . The questions always arise as to what is other than normal traffic . I have al ways informed people that any home occupation should not advertise an address and should not bring people to the home for a service to be rendered. (Yet, historically piano lessons are accepted as a legiti mate home occupation, and we do not discourage that in College Station. Maybe it is because a piano is a thing quite often normally found in a household.) I have told people that if th e y go to other homes to render a service, this is acceptable. However, with all the interest in home occupations and in view of the fact that music lessons are allowed in the home, should we be more flexible in our view of home occupations and personal services rendered in the home by allowing perhaps not more than a certain number of people at one time, or in any given day, or as long as neighbors do n-ot comp.lain? I do not quite know how enforcement would be handled. A question equipment. acceptable? has also arisen concerning the installation of machinery or additional What constitutes installation? Is some form of portable machinery Please give some thought to these questions, and perhaps we can resolve them Tuesday night. sjv ZONING BOARD OF ADJUSTMENT FILE NO. ---- Name of Applicant __ L!ALA.·-LP ....... _i;B;u.o~y:..c:e~t..i.t+, .....1•.LJlr:__ ___________________ _ Mailing Address ---~5~02"'---LB~o~y~e~t~t~Stwrue~e~t~------------------- Phone --~8~4~6~-2~2~3~0'------- Location: Lot -~l..__ Block 18 Subdivision W. C. Boyett Estate Partition Description, If applicable _--!.CAC!...!n~Ex~1!->· Sut<-..!i...Lln~g__.ucRe...,s~iu.d..,,e~nu..c_,_.e _____________ _ Action requested: Issuance of a pennit for the bid l ding of an addition tto an @xi sting residence at 502 Boyett St. The existing house was built under previous zoning regulations that only required a 5 foot side setba~k. The contemplated construction meets all existi ng zoning ordinances jkM:ifar as setbacks; as well as .all current buibiii:oo;g:odes. (Frcm current tax rolls, College Station Tax Assessor) ZONING BOARD OF ADJUSTME.'NT FLLE NO. Present zonir.g of land in question _ _,_,N=o~t-'-'A~P~P....,l....,i~c-a_b....,l~e~--------------- Section of ordinance from which variance is sought ___.t~{o .... t...__.A....,p,...p,...l.._1.L-'· c'""a,,..b.._l.._.e,__ _______ _ The following ·specific variation from the ordinance is requested: Not Applicable -~--------------------------- This variance is necessary due to the following unique and special conditions of the land not found in like districts: Not ·Applicable The following alternatives to the requested variance are possible: Not Applicable ' " , This variance will not be contrary to the public interest by virtue of th~ fellowing .,, ·.· f~ct~: Not Applicable are true and correct. September 9, 1982 Date ~--------------------------- Blk. 14 Lot 7, 10, 15, and 17 Boyett Walter Stenni n.g',.· P. o~ Drawer EJ College Station, Tx. 77 841 Blk. 14 Lot 8 Boyett A. P. Boyett Sr. 315 Boyett College Station, Tx. 77840 Blk. 14 Lot 9 & 20 Boyett William C. Boyett 107 Boyett College Station, Tx. 77840 Blk. 14 Lot 11 & 21 Boyett Gladys B. Bourgeois 506 .First #4 Co l lege Station, Tx. 77840 Blk. 14 Lot 12 Boyett Emagene R. Pitts 700 S. Sims Bryan, Tx. 77801 ,Blk. 14 Lot 13 &16 Boyett Blk. 19 Lot 8 Boyett Boyett, N. K. Est % Norma Bankston ll 03 N. 11th Street Temp l e, Tx. 76501 Blk. 18 Lot 2 Boyett Billie P. Lynch 504 A. Boyett1St. College Station, Tx. 77840 Blk. 18 Lot 3 Boyett Elizabeth Boyett 1122 Colorado #1203 Austin, Tx. 78700 Blk. 14 Lot 14 Boyett Blk. 18 Lot 4 Boyett Jack Boyett P. 0. Box 1424 College Station, Tx. 77840 Blk. 18 Lot 5 & 6 Boyett Clarence B. Johnson III 306 Spruce College Station, Tx . 77 840 Blk. 18 Lot 7 & 8 Boyett Robert F. White 314 Spruce Colle ge Staiton, Tx . 77 840 Blk 19 Lot 1 Boyett Neell ey , A. G, 500 Boyett College Station, Tx . 77840 Blk 19 Lot 2 Boyett Mrs. R. J. Bond 500 Boyett St. College Station, Tx. 77840 Blk 19 Lot 3 Boyett Margie N. Pitner 3806 University Dr. Denton, Tx . 76201 Blk 19 Lot 4, 5, & 6 Boyett James Johnson 3525 Ridgeview Dr. Santa Rosa, California 95404 Blk 19 Lot 7 Boyett Bardin H. Nelson Jr. 723 27th Street San Francisco, California 94131 Blk 20 Lot 4 Boyett Charles E. Harris Jr. 307 Greenway Bryan, Tx . 77801 Blk 21 Lot 1 Boyett David Foster 1512 Te xas Avenue Bryan, Tx. 77801 Blk. 21 Lot 2 Boyett Travis McKinsie 302 Cherry College Station, Tx. 77841 Blk. 21 Lot 3 Boyett Mrs. Mayme L. McDermott 308 Cherry St. N. College Station, Tx. 77841 Blk. 21 Lot 5 & 6 Boyett Bardin H. Nelson P. 0. Bo x 1465 Colle ge Station, Tx . 77 841 --------------------- NOTES ON CONSIDERATION OF A VARIA NCE REQU EST Zoning Board of Adjust me nt Hearing Request by----------------------------' Applicant Board Members Participating : This requ e st is for a variance of ~-------------------~ , Section Describe Nature of Request: What public interest or interests are involved? How is the public interest affect e d? -Identify any existing special conditions .associat e d with thi s property. Special conditions identified by the applicant include: Identify any unnecessary hardships .relating to this property. Identify any hardships unique to this property. If this reque st is granted, how will the "spirit of the ordinance" be observed? De scribe the r a tiona l you have us e d t o co me to yo u r d e ci s ion in this matt e r. ZONING BOARD OF ADJUSTMENT FORMAT FOR MOTIONS Variances: From Section 11-8.S I move to (authorize or deny) a variance to the yard (6-G) ------- lot width (Table A) ------- lot depth (Table A) ------- sign regulations (Section 8) ------- minimum setback (Table A) ------- parking requirements (Section 7) ---------' from the terms of this ordinance as it (will not, will) be contrary to the public interest, due to the (lack of, following) unique and special conditions of the land not normally found in 1 ike districts: l. s. ________________ ..;;...._ _______________ _ 2. 6. 3. 7. -----------------'----------------- 4. 8. and because a strict enforcement of the provisions of the Ordinance (would, would not) result in unnecessary hardship, and such that the spirit of this Ordinance shall be observed and substantial justice done, and with the following special conditions: l. 4. 2. 5. 3. 6. ZO NI NG BOA RD OF ADJUST ME NT FILE NO. Name of Ap plicant __ D_o_n_i _, _I_n_c_._d-'-/_b-'-/_a_D_. _R_._C_a_i_n_C_o_m_na_n_v'---------------- 3002 S. Texas Avenue 693-8 8 50 Loc=ition: Lot ----3 Block 37 ---Subdivision Sec. 10 B Southwood Va 11 ey Description, If applicable residence located on the above descriped prooerty Action requested: A variance of the ordinance covering set back requirements for RI zoning. NAME ADDRES S (From current tax rolls, Colle g e Station Ta x Assesso r ) see attached list from City Tax Office ZONING BOARD OF ADJUSTMENT FILE NO. Present zoning of land in question -~R~I-=s~i~n~n~l~e_:_fa~m~1~·1~'~'--~--------~--~ Section of ordinance from which variance is sought __ 6_-_l_._G_. ___________ _ The following 'specific variation from the ordinance is requested: Gara9e portion of house was placed approximately two feet too close to the frooi_pr..o.pe.rJ:~ .. JJne____r.h.:Ls was done through error when foundation was placed on lot. See attached survey. This variance is necessary due to the following unique and special conditions of the land not found in like districts: This variance is necessary because of an error when placing foundation on lot. Lot size was sufficient for structure to be placed meeting the building line requirements. The following alternatives to the requested variance are possible: none This variance will not be contrary to the public interest by virtue of the following f~ct~= This variance in no way will be contrary ta p11blic interest. ;;;~:s ap:ication are true and correct. Sentember 9, 1982 Applicant Date D. R. Cain, President Doni, Inc. d/b/a D. R. Cain Company -- Blk. 36 Plus 60 x 110 Ft. Southwood Valley lOA Peace Lutfieran Church t~aber _&-~c r oss · College Station, Tx. 77840 Blk. 37 Lot 1 Southwood Valley 10-B Steven P. Turnipseed 111 Hawktree College Station, Tx. 77840 Blk. 37 Lot 2 Southwood Valley 10-B Bockris, B. P. J. Dept. of Chemistry TAMU College Station, Tx. 77841 Blk. 37 Lot 4 Southwood Valley 10-B Matienso, Milton 1105 Hawktree Dr. College Station, Tx. 77840 Blk 37 Lot 5 Southwood Valley 10-B Raye, Steven K. 1103 Hawktree Dr. College Staion, Tx. 77840 Blk. 37 Lot 6 Southwood Valley 10-B Waizel, Brian 1101 Hawktree Dr. College Station, Tx. Blk. 37 Lot 7 Southwood Valley lOA Runge, Edward 1102 Airline College Station, Tx. 77840 -Bl k. 37 Lot 8 & 9 Southwood Va 11 ey lOA Parker, Jeff E. 1511 Wo 1 frun College Station, Tx. 77840 Blk. 37 Lot 10 Southwood Valley lOA Sharman, George 311 Hummingbird Circle Bryan, Tx. 77801 Blk. 37 Lot 11 Southwood Valley lOA Schareterle, Kevin B. 1118 Airline · College Station, Tx. 77840 Blk. 37 Lot 12 Southwood Valley lOA Orellano, Raul A 1120 Airline College Station, Tx. 77840 Blk. 38 Lot 9 Southwood Valley 10-B Mc Command, Donald L. 1100 Hawktree Dr. College Station, Tx. 77841 Blk. 38 Lot 10 Southwood Val l ey 10-B Winslow, Ronald 1102 Hawktree College Station, Tx. 77841 Blk 38 Lot 11 Southwood Valley 10-B Wolfenbarger, Mark G. 1104 Hawktree Dr. College Station, Tx. 778 40 Blk. 38 Lot 12 Southwood Valley 190B Varmer, Shailenar D 314 Amherst Ct. College Station, Tx. 77841 Blk. 38 Lot 13 Southwood Valley 10-B Little, Donald R. 1108 Hawktree Dr. College Station, Tx. 77840 Blk. 38 Lot 14 Southwood Valley 10-B Carta, James K. 1110 Hawktree Dr. College Station, Tx. 77840 Blk. 38 Lbt 15 Southwood Valley lO PB Packer, Myrt l e J. 1112 Hawktree Dr. College Stat i on, Tx. 77840 iMacARTHUR SUR .VEYS I P.O. Box 4592 Bryan, Texas 77805 (71 3) 775 -F,609 5. vY. V. -S EC TIO/!/ -IOA I ! ~ / u , :,.-:::r /.A. !/././d 4 1 0.2 _::-7.S. 76 ------------~~---~Tl'-:_TY_!!ASE,'1C#T ---j 8L OCI< .37 LOT 3 \ ('lJ ~') ClJ" ~ I '~ ' L cJT 'I ~ <") ' ~ I ..... : I .----,~-~-_-_--'\~ ~~ \ ~ . i . . . I I 0 ~ .,fl /() ~ !'> ··-, ..... , c o ·;\C.. i . CV I '<<::. i F/JI D . / .. ll.. <.>-: -------- +' .,DI 0 ,\.] \ () ' ~ l\J " I ~"-.i ~ ' ~ LO/ .2 NOTES ON CO NSID ERATION OF A VA RIA NCE REQ UEST Zoning Board of Adjust me nt He a ring Reque s t by----------------------------' Applicant Board Me mbers Participating : This request is for a variance of -~------------------ ----------------~---~ , Section Describe Nature of Request: What public interest or interests are involve d? Ho w is the public interest aff e cte d? -Identify any existing special conditions.associat e d wit h thi s prop e rty. Special conditions identified by the applic a nt include : Id~entify any unnecessary hardships .relating to this prop e rty. Identify any hardships· unique to this property. If this request is g ranted, how will the "spirit of the ordinance" be observed? Descr i be t h e rationa l y o u have u se d t o co me t o yo u r d ecis ion i n thi s matt e r. ZONING BOARD OF ADJUSTMENT FORMAT FOR MOTIONS Variances: From Section 11-8.5 I move to (authorize or deny) a variance to the yard (6-G) ------- lot width (Table A) ------- lot depth (Table A) ------- sign regulations (Section 8) ------- minimum setback (Table A) ------- parking requirements (Section 7) ______ _, from the terms of this ordinance as it (will not , will) be contrary to the public interest, due to the (lack of, following) unique and special conditions of the land not normally found in 1 ike districts: 1. 5. ________________ .;..__ _______________ _ 2. 6. --------------------------------- 3. 7. -----------------'------------------ 4. 8. --------------------------------- and because a strict enforcement of the provisions of the Ordinance (would, would not) result in unnecessary hardship, and such that the spirit of this Ordinance shall be observed and substantial justice done, and with the following special conditions: 1. 4. 2. 5. 3. 6. ( '-/ / Minutes March 18, 1980 Page 3 Wagner seconded the motion, which failed by the following vote (four votes being necessary for favorable action): For: Mathewson Opposed: Harper, Wagner, Upham, Daughtey Agenda Item No. 3 -Other Business. Callaway discussed the problem of not being able to issue building permits for residential construction, remodeling, etc. when there was a non-conforming structure on the lot. Following a discussion of this problem by the Board, the Board moved to adopt the policy of giving the Zoning Official discretion in approving building permits for modification to the primary habitable structure so long as that structure itself is not in non-conformance, and the non-conformance is due to some ansilur or accessory structure. There being no opposition, the policy was adopted by commom consent. Agenda Item No. 4 -Adjourn. There being no further business the meeting was adjourned.