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HomeMy WebLinkAbout216 ZBA July 19 1983 Joseph L Mashburn Var Min Lot Wdtp Zi3A-J LM City of College Station POST OFFI CE BOX 9960 COLLEGE STATION. TEXAS 77841 George T. Jessup P. o. Box 4023 Sryan, TX 77801 ... u:: 0:::0 '/'3 Jl::·c:; 23 \ ....... . NOT OU:\ ti;l':/N oo:l.<?tbN:I. i) ·./ / l ''\· i :: :: . ·~ 071 :1.<»ltn c-r·NDFR ... r:"l'llf~N TO ,:> ::. . ::· "'C<''\::·1·\ hr... . ... «' ADDl·O:\::.,:h) ... ·' · 1··T·API I·· A,:> . . ·· DEl...J .. V :: .. , : .. ·" :~: ... TO FCmWt-1\ .. !D UN Ab I... I... -- • • • MINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment July 19, 1983 7:00 P.M. MEMBERS PRESENT: Chairman Cook, Members Wendt, Wagner, MacGilvray & Upham MEMBERS ABSENT: Alternates McGulrk & Meyer STAFF PRESENT: Zoning Official Kee, Ass't Zoning Official Dupies & Planning Technician Vol l Chairman Cook opened the public hearing and stated the duties and obligations of this Board. AGENDA ITEM NO. 1: Approval of Minutes -meeting of June 21, 1983 and of the Minutes of Agenda Item #7 :of the meeting of May 17, 1983. Mr. MacGllvray made a motion to approve the mln~tes of the June 21st meeting with Mr. Upham seconding.· Motion carried unanimousl y~(5:0). Mr. Upham then made a motion to approve the modified minutes of agenda item #7 of the meeting of May 17th with Mr. MacGilvray seconding . Motion carried unanimously (5-0). AGENDA ITEM NO. 2: Consideration of a request for renewal of a conditional parking variance at 411 University Drive. Application is in the name of Lone Star Yogurt Company and is for the business operating under the name of The Yogurt Pump at the above address . Chairman Cook asked to be excused from the Board, but Mr. Upham explained that it would not be necessary to be excused because this particular request cannot be considered at this time due to the moratorium which the City Council set down last fall concerning variances in Northgate, and he further explained that the Board has been instructed to keep the status quo in that area until ~the moratorium is 1 ifted, therefore, it is his opinion that the variance which was granted last July will stay in effect until after the moratorium ls 1 ifted. Mr. Upham then made a motion to table this agenda item until the moratorium is lifted to be brought off the table at the regular meeting in September, 1983. Mr. MacGllvray seconded the motion. Chair asked the applicant if he wanted to speak, but he did not. Mr. Wagner asked for a ·review of what happened at the Septemb.et meeting In 1982 with the City Council and Mr. Upham explained that he bet ieved that the Northgate Committee was directed to stud-f'the ~roblems in the area and at the end of the o year period City Council would give direction to staff and the Board 'after a thorough review of the Committee's findings. Motion to table this item until the September meeting was carried unanimously (5-0). . AGENDA ITEM NO. 3: Consideration of a request for variance to the m1n1mum lot width as required by Ordinance 850 Table A. Application is in the name of Joseph L. Mashburn and is for the property at 401 Highland. Mrs. Kee presented the request and read Section 6-D of the Ordinance to the Board. She then referred to the site plan included in the packets which shows that the lot is more than large enough to be divided into two lots, but due to the location of the older, existing structure, another structure cannot be built and have the necessary 50 ft. lot width, but would lack approximately 1.25 ft. of meeting requirements. Mr. Upham spoke of the word 11 unique 11 , referred to the width of many lots in older sections of the City as bein~ Jess than. 50 ft. in width and referred to the existing adjacent alley, which is ZBA Minutes 7-19-83 page 2 rare in College Station. Chairman Cook swore in Joseph L. Mashburn of 401 Highland who identified himself as the applicant, who then pointed out that although his street address . is on Highland and the house faces Highland, the 25 ft. required front setback in R-1 zoning is taken off Grove Street. He further pointed out that the public alley adjacent to his property has no curb cut, and he maintains that it has been virtually abandoned by the City and he, alone, maintains it. Mr. Upham asked if his proposed driveway through the alley would cover any utilities, and Mr. Mashburn said that although it has not been determined if there are any utilities in the alley, he and the City Engineer have agreed that if. the City were to have to tear up the alley to do any maintenance work on utilities, it would be his responsibility to repair any damage done to the drive- way. Discussion followed. Mr. MacGilvray informed the Board and the public that he and Mr. Mashburn are colleagues, but that they have not discussed this variance request. The Chair asked If the Board could accept Mr. MacGilvray's statement and agree that he could take part In this request. The Board agreed that it could. Mr. Wendt asked why there are special or unique conditions in this instance. Mr. MacGilvray said in his opinion that if this is not a replat of the lot, he could see no problem, but Mrs. Kee pointed out the section of the Ordinance which allows 2 primary structures on one lot only if each structure meets all ,setba~k requirements as if each were on a lot alone. Mr. Upham again referred to the inforn1a1ity of this City's beginnings, stating that where a structure was placed on a lot l.iPS not controlled many years .ago. Mr. Mac- Gllvray said that the critical dimension is :the-width of the existing house, and if it was just a 1 lttle smaller, there would be no problem at all. R-lA Single Family zoning was discussed and the Chair asked the applicant if he would consider going to the Planning and Zoning Commission to request rezoning, but the applicant said he would prefer to get this variance, but would consider rezoning if necessary. Mr, Wendt referred to a variance which was refused recently in a very old and unique section of the City and also to the uniqueness of the Northgate area. The Chair pointed out that Northgate is being handled. The word 11 unique 11 was again discussed, and the Chair pointed out that no t only is uniqueness of the land to be considered, but also land uses in the area could be considered, and further, that 11 unique 11 means different things to different people. More discussion followed concerning this word as applied to both commercial and residential uses. How changes in traffic patterns could make certain land 11 unique 11 was brought up. -" Mr. Wagner began to make a positive motion concerning this request, but then withdrew the motion before completing it. Mr. Upham -then made a motion to authorize a variance to the lot width (Table A and Section 6-D) f~om the terms of this ordinance as it will not be contrary to the public interest, ~ue to the following unique and special conditions of the land not normally found in like clist""ri'cts: This area is among _the 1st platted areas of the City and is unique in that r lot si~es, positions of houses and buildings - and alleys _and things not generally done~ow iri the City create problems not of the making of the property owner, and because a strict enforcement of the OrdinanceNwould result - in unnecessary hardship to this applicant, and such that the spirit of this Ordinance shall be observed and substantial justice done. This motion was seconded by Mr. MacGil- vray and carried with a vote of 4-1 with Mr, Wendt voting against the motion. AGENDA ITEM NO. 4: Other business Mr. Upham asked for an update from the Northgate Committee and Mr. MacGilvray spoke of recommendations in 5 areas: (1) parking changes, (2) zoning changes, (3) traffic adjust- ments, (4) maintenance problems and (5) capital improvements. Mrs. Kee pointed out a chart and graph of results of requests for variances, use permits and appeals to the Board since the Board was formed in 1975, which had been included in their packets. • • • ZBA Minutes 7-19-83 page 2 rare in College Station. Chairman Cook swore in Joseph L. Mashburn of 401 Highland who identified himself as the applicant, who then pointed out that although his street address is on Highland and the house faces Highland, the 25 ft. required front setback in R-1 zoning is taken off Grove Street. He further pointed out that the public alley adjacent to his property has no curb cut, and he maintains that it has been virtually abandoned by the City and he, alone, maintains it. Mr. Upham asked if his proposed driveway through the alley would cover any utilities, and Mr. Mashburn said that although it has not been determined if there are any utilities in the alley, he and the City Engineer have agreed that if the City were to have to tear up the alley to do any maintenance work on utll ities, it would be his responsibility to repair any damage done to the drive- way. Discussion followed. Mr. MacGilvray informed the Board and the public that he and Mr. Mashburn are colleagues, but that they have not discussed this variance request. The Chair asked If the Board could accept Mr. MacGilvray's statement and agree that he could take part In this request. The Board agreed that it could. Mr. Wendt asked why there are special or unique conditions in this instance. Mr. MacGilvray said in his opinion that if this is not a replat of the lot, he could see no problem, but Mrs. Kee pointed out the section of the Ordinance which allows 2 primary structures on one lot only if each structure meets all ,setback requirements as if each were on a lot alone. Mr. Upham again referred to the lnfor~fity of this City's beginnings, stating that where a structure was placed on a lot was ~ot controlled many years .ago. Mr. Mac- Gllvray said that the critical dimension is the-width of the existing house, and if it was just a 1 lttle smaller, there would be no problem at all. R-lA Single Family zoning was discussed and the Chair asked the appl ic~nt if he would consider going to the Planning and Zoning Commission to request rezoning, but the applicant said he would prefer to get this variance, but would consider rezoning if necessary. Mr, Wendt referred to a variance which was refused recently in a very old and unique section of the City and also to the uniqueness of the Northgate area. The Chair pointed out that Northgate is being handled. The word 11 unique 11 was again discussed, and the Chair pointed out that not on ly is uniqueness of the land to be considered, but also land uses in the area could be considered, and further, that 11 unique 11 means different things to different people. More discussion followed concerning this word as applied to both commercial and residential uses. How changes in traffic patterns could make certain land "unique" was brought up. Mr . Wagner began to make a positive motion concerning this request, but then withdrew the motion before completing it. Mr. Upham then made a motion to authorize a variance to the lot width (Table A and Section 6-D) from the terms of this ordinance as it will not be contrary to the public interest, due to the following unique and special conditions of the land not normally found in like dist-''ricts: This area is among _the 1st platted areas of the City and is unique in that lot sizes, positions of houses and buildings and alleys and things not generally done now in the City create problems not of the making of the property owner, and because a strict enforcement of the Ordinance ~would result in unnecessary hardship to this applicant, and such that the spirit of this Ordinance shall be observed and substantial justice done. This motion was seconded by Mr. MacGil- vray and carried with a vote of 4-1 with Mr. Wendt voting against the motion. AGENDA ITEM NO. 4: Other business Mr. Upham asked for an update from the Northgate Committee and Mr. MacGilvray spoke of recommendations in 5 areas: (1) parking changes, (2) zoning changes, (3) traffic adjust- ments, (4) maintenance problems and (5) capital improvements. Mrs. Kee pointed out a chart and graph of results of requests for variances, use permits and appeals to the Board since the Board was formed in 1975, which had been included in their packets. ZO:\ me: BO,\R D OF i\D .TUST ~\EN T F ILE ~10 . ---- Name of Applic a n t Joseph L . Mashburn --------~-----------------------~ Mailin g Addr e s s 401 Hip:hland; Colle ~e S tation , Texas 77840 Phon e 693-8573 ------------- Location : LotS 15&16 Block 5 Subdivision West Park ------- De sc r iption , If ap plicable ( 401 Hi p:hland ) ---------------------------~ ,,:·· Action req ue s t e d : Variance to minimum lot fronta g e of 50 ' NAHE ADDRESS (From curr e nt tax rolls, College Station Tax Assessor) FILE t lO . R-1 Single Family Residential Tab A Section of ordinance from ~hich variance is s ou~~t ~~~~~~~~~~~~--~~~~ The followi ng specif ic v2.r iation f r om the ordina:l.ce is regu~s t ed: S ection ~D-A 1 .25 ' variance is sou~ht to the 50 ' minimum lot width . This varianc e is n e cessary due to the foll o win g unique and speciil conditions of t he land not foun d in like districts : An unused alley (maintained by the applicant) is adjacent to the proposed 48 .75 ' wide lot . The follouin g alt e rna tives to the r eq u ested v a ri ance are po ssib l e : Do not build-or Apply for R-lA rezoning for the property This varianc e will not b e contrar y t o the pubtic interest by virtue o f the f o llowing :. """ f~ct ~: (Please see the attatched list) The facts stat~cl by me in this .:tpplic at ion .:ire :rt:~ <i:1 d corre:ct . 6 July , 1983 Data This variance will not be contrary to the public interest by vi r tue of the following facts: 1. Two lots exist; two lots are proposed . Both lots are and will be owned by the applicant . In the existing and proposed configura- tions , the two lots total 15 ,000 sq .ft . (5000 sq . ft. more than required by R -1 zoning ) 2 . The streetscape along Hi g hland would be improved by the proposed development , and the .intent of the 50 ' minimum width requirement would be served by the adjacent alley and the pro- posed 48 .75 ' wide lot . J . A one story home custom desi g ned for the site by a re g istered architect ls proposed for the property . 4 . The tax on the property and surrounding property values would be raised. 5 . New hi g h quality single family residential development is appropr i ate and needed in the neighborhood to maintain the viability of the area . STAFF REPORT TO: Zoning Board of Adjustment DATE: July 12, 1983 FROM: Jane R. Kee, Zoning Official GENERAL INFORMATION: Applicant: Joseph L. Mashburn Status of Applicant: property owner Location: (address, lot, block, subdivision) 401 Highland ~~~~~~~~~~~~~~~~~~- Lots 15 & 16 Block 5 West Park Existing Zoning: R-1 Single Family Residential Requested Action: Variance to minimum lot width Purpose: To utilize Section 6-D. Erection of More than One (1) Principal Structure on a lot . Applicable Ordinance Section: Table A -District Use Schedule SPECIAL INFORMATION: Variance Setbacks Required: Front 25ft., Rear 25 ft., Side 7.5ft., Side Street 15 ft. Adjacent Structures: See site plan ~~~~~-'--~~~~...,.--~~~~~~~~~~~~~~~~~~~ i : Utilities: Sewer-along west side of Highland and along alley to the south; Water-along east side of Highland Electric-along Highland and along rear property line (alley) Other: 15 ft. Alley to the South Use Permit Existing Use ~~~~~~~~~~~~~~-Parking Required Proposed Use~~~~~~~~~~~~~~~ Parking Req~ired Area of Non-Conforming Building Area of Expansion Greater than 25% ~~~~~~~~~~~~- Appraised Value ~~~~~~~~~~~ Cost of Reconstruction ~~~~~~~ Mashburn Staff Report (Continued) Page 2 Date: July 12. 1983 PHYSICAL CHARACTERISTICS: Lot Di mens ions: See site plan Appeals 100 1 xl50 1 Access: Existing house takes access from Highland & Grove; proposed house will access from the alley on Highland (access has been approved by City Engr.) Existing Vegetation: sparse Flood Plain: None ANALYSIS: A 1 ternat i ves: Hardship: Ordinance Intent: Allow adequate lot dimension so If property is ever subdivided for sale the resulting lots will meet City's current ordinance requirements. Previous Action on this Property: None ~~~~~~~~~~~~~~~~~~~~~~~~ ATTACHMENTS: Application List of Property Owners within 200 ft, Site Plan Other: aerial photo Block 5, Lots 15,16 West Park Blk. 5, Lot 3, 25' of 4 West Park Sampsel, Ted K. 311 Fidelity College Station, Tx. 77840 Blk. 5, Lot 25' of 4, 5 West Park Jessup, George T. P. 0. Box 4023 Bryan, Tx. 77801 Blk. 5, Lot 6, 25' 0£ 7 West Park Slough, William K. 305 Fidelity College Station, Tx. 77840 Blk. 5, Lot 25' of 7, 8 West Park Shipley, Terry L. 301 Fidelity College Station, Tx. 77840 Blk. 5, Lot 9, 10, 25' of 11 West Park Murphy, Oscar C. 400 Montclair College Station, Tx. 77840 Blk. 5, Lot 11, 12, 10' of 13 West Park Byer, Milton A. 308 Grove College Station, Tx. 77840 Blk. 5, Lot 40' of 13, 14 West Park Dean, Betty Mrs. 304 Grove St. College Station, Tx. 77840 Blk. 6, Lot 1, 25' of 2 West Park Jones, Harry L. 1900 Comal Circle College Station, Tx. 77840 Blk. 6, Lot 25' of 2, 3 West Park Schuster, Joseph L. 1006 Esther Blvd. Bryan, Tx. 77801 Blk. 6, Lot 4, 25' of 5 West Park Trenchman, Monte P. 205 Fidelity College Station, Tx. 77840 Blk. 6, Lot 7, 43' of 8 West Park Wright, Arthur L. 1008 Holt College Station, Tx. 77840 Blk. 6, Lt. 7' of 8,9,10 :.West Park Tishler, Carl E. 206 Grove College Station, Tx. 77840 Blk. 8, Lt. 21, 22 West Park Worley, Steven 307 Highland College Station, Tx. 77840 Blk. 8, Lot 23,24 West Park Ashton, Marie 315 Highland College Station, Tx. 77840 Blk. 8, Lot 25 West ~ark Colson, James A. 305 Grove College Station, Tx. 77840 Blk. 8, Lot 26 West Park Hunt, R. L. 300 Montclair College Station, Tx. 77840 Blk. 9, Lot pt of 13,14 West Park Texas A&M University Baptists Students Dept P . 0 . Box 3 3 7 6 Texarkana, Tx. 75501 Blk. 9, Lot 23,24 West Park Royder, Douglas R. 213 Grove College Station, Tx. 77840 Blk. 9, Lot 25, 25' of 26 West Park Northcliffe, Lee Conrad 308 Bolton College Station, Tx. 77840 Blk. 9, Lot 25' of 26, 27 West Park Smiley, Michael 205 G!l'.i ove College Station, Tx. 77840 Blk. 2, Ltw pts 2,3,4 West Park Burdich, David C. 302 Fidelity College Station, Tx. 77840 Blk. 2, Los. pus 2,3,4 West Park Manning, Timothy 300 Fidelity College Station, Tx. 77840 Blk. 3, Lot 1, 25' of 2 West Park Schaffer, Will Jr. 210 Fidelity College Station, Tx. 77840 Blk. 3, Lot 15' of 2, 3 West Park Shelby, David O. 206 Fidelity College Station, Tx. 77840 ( RE I v -i ::0 rn rn :::r: 0 c (/) rn ITEM N O. TYPE OF CASE: )( CA SE NO. ) (' SC A l E ' 1 ' ' 6 0 O" ) Variance to Min. Lot Frontage of 50' --------- ZBA-JLM City of college Station POSf OFFICE I COLLEGE STATION. CLAIM CHEC K NO. DATE -·-----1; f NO TI CE 2 N D N O TI CE R E TURN Det ache d from PS Form 3849-A Oct. 1980 • ,'f;" ...... "™-----~~ ~,~· !(;, s teven ~Jo r 1 ey 307 Highland Colleg e Station , TX 77840 \ ' ~lfllllC .. t'CK C MO · 4?,.;i5 o...o ... o oATI o.actiedfrom ... felm 3149-A ~ 1980 City of College Station POST OFFICE BOX 9960 I I O I TEXAS A VENUE COLLEGE STATION, T EXAS 77840 Ju l y 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: . • Joseph L. Mashburn 401 Highland College Station, Texas 77840 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 , Jul_y 19, 1983 a t 7:00 P .M . The nature of t~e case is as foll p w~: Reque st varlance of l .25 ft. to req~ired minimum lot width of 50 ft . Further information is available at the office of the Zoning Official of the City of College Station, (409)696-8868. Jane Kee Zoning Official LEGAL NOTICE DATE(s) TO BE PUBLISHED: BILL TO: THE CITY OF C6LLEGE STATION P. 0. BOX 9960 COLLEGE STATION, TX 77840 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: Joseph L. Mashburn 4oi Highland College Station, Texas 77840 ~aid case will be heard by the Board at their regular meeting in the Council Room, College Station City Hall, 1101 Texas Avenue at 7:00 P.M. on Tuesday, July 19, 1983. The nature of the case is as follows: Request variance of l .25 ft. to required minimum lot width of 50 ft. Further information is available at ·the office of the Zoning Official of the City of College Station, 1409)696-8868. Jane Kee Zoning Official STAFF REPORT TO: Zoning Board of Adjustment DATE: FROM: Jane R. Kee, Zoning Official GENERAL INFORMATION: Applicant: Status of Applicant: Tr op . .OA cJ~ Location: (address, lot, block, subdivision) Lf-01 4 ·% ro.J /0 t~ 15 ~ I <t /3 l ocl'-5 We$T Pt1J..k. Existing Zoning: Requested Action: Purpose : Applicable Ord i nance Section: .d':ablt. A-~;:;,~,<._A U>e-~ cA.yj,9= SPECIAL INFORMATION: Variance Setbacks Required: Adjacent Structures: '' Existing Parking: Parking Required: Existing Use Area of Non-Conforming Building Area of Expansion Greater than 25 % -~~~----~~-~ -~~-----~- Appraised Value -~~-~~~-~-- Cost of Reconstruction ------- Staff Report (Continued) Page 2 Date: PHYSICAL CHARACTERISTICS: Appeals Lot Dimensions:)l.J-~:2-i'"'-"--~f~e.=-i~ll'-=-=---~~-L~O~o-' X--"'l _5~()-=--·~~~~~~~~~~~~~~~~ Access : ~£!:::...?:~16~hu·~~+.-!~~~~~~~~~~::.p:;:~~~~:......:._,l.'.:.u...J~:.._-1-t;.tq.ua.~~~.!.l.::.~=::,--.,.. w' 1A a.cc. ~.JV Topography: Existing Vegetation: Flood Plain: ANALYSIS: Alternatives: Hardship: Ordinance Intent: Previous Action on ATTACHMENTS: Application List of Property Owners within 200 ft. Site Plan Other : 8PM ~ oh vk I ~/ ( ITEM NO. )( CASE NO. ) ( SC A L E ' 1 ' ' 8 0 O'' ) TYPE OF CASE: Variance to Min. Lot Frontage of 50'