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HomeMy WebLinkAbout45 Regular Meeting 1.18.77• • " • • • • .AGENDA ZONING BOARD OF ADJUSTMENT January 18 , 1977 7 :30 p .m. 1 . Approval of the minutes of the meeting of December 14, 1976 . 2 . Consideration of a request for variance from Mr. David Basc o, at 1203 Pershing . 3. Consideration of an appeal from Tom Chaney, at 404 fairview . 4. Consideratio of procedure for setting meeting dates. 5. Other BUsiness . 6. Adjourn • ( ( MEMBERS PRESENT : MEMBERS ABSENT: VISITORS PRESENT : MINUTES Zoning Board of Adjustment Dece mbe r 14, 1976 Chairman We is s ; Members Hugh ey , Comstock, Runnels, Storts ; Council Liais on Ringer ; Building Official Koehler . None See Guest Reg i ster. 1. Con sider ation of the minutes of the meeting of October 197 6 . Hu ghey moved t hat the minutes be approved with corrections to refle ct motions and seconds made . The motion was seconded by Co mstock and unanimously approved. 2. Consideration of a reque st for variance from Fred Sicilio a t 100 Nos s Street . Koehler reviewed Mr'. Sicilio's application, pointed out the unusually great distance from back of curb to the side street property line , and recommended that a five foot distance be maintained to the interior side lot line. Mr'. Sicilio explained that his site plan was in error and ·that the setback shown had been measured from the rear easement line rather than from the rear property line and that the 5 feet setback from the interior side line would be satisfactory. Hughey mo ved that the variance b e granted as requested, with a f ive foot clearance t o be maintained to the side interior lot line in order to be consistent with other construction in the area. The motion was seconded by Comstock and unanimously approved. J. Consideration of a request for re construction of a non-conforming use from Allen Swoboda at 26 01 Texas Avenue . Koehler reviewed the application and presented photographs of the partial construction showing that there was no effect on site distanc e and that the structure conformed t o size and height limitations. He explained that the owner had begun re-construct ion of the existing sign without being aware of the requirement for permit for such work. Hu ghey moved that the permit be granted subject to the sign being moved to observe a 10 foot setback from the property line and the provision that the sign will be removed when Krenek Roa d is widened or otherwise becomes identifiable as a thorofare . There was no second. Storts moved that the permit be granted as requested subject to t he provision that the sign will be removed when Krenek Road is widened or oth erwise becomes identifiable as a thorofare. The motion was seconded by Runnels and unanimously approved. 4. Consideration of a request for variance from Plantation Oaks Apartments at 1501 Harvey Road . Koehler reviewed the application and pointed out that a permit could b e issued for a wall as requested if there were no copy to be placed on i t . Mr'. Honzell said that his permit application included removing the existing pyl on sign and that the propose d wall s would present no sight distance problem. Weiss moved that the variance b e granted. The mo tion was seconded by Co mst o ck and unanimously approved. 5. Consideration of a request for remodelling of a non-conforming use from Michael Dav is at 204 Texas Av enue . Koehler rev iewed the application and explained that the work proposed was the leas t which would not be authorized as minor repairs and would not extend t he limit s of the existing sign. He pointed out that the sign was less than 10 feet from the property line and exceeded the height and area limitations . Mr. Davis presented photographs showing that the sign did not interfere with sight distance along the highway. Hughey pointed out that the alternative is to leave the sign as-is and continue its use, and that remo val of lighting as proposed would be beneficial. The proposal was not an extension of the non-conformity . We iss moved that t he variance be granted. The motion was seconded by Hughey and unanimously approved. 6 . Consideration of a request for variance t o exp and a non-conforming use from Wickes Lumber Company at 101 We st Loop. Koehler said that the existing non-conformity was apparently the result of a variance granted in 1972. }fr. Fause explained that the addition had been cons t ructed prior t o applying for a permit due to misunderstandings within his own organization. Weiss pointed out that the Board must consider the variance request on its merits without regard to the existance of the addition. Comstock observed that the addition would have negligible impact on the extent of the existing non conformity. Weiss moved that the variance be approved. The mo t ion was seconded by Hughey and unanimously approved. 7. Other Business. The Board agreed that the Building Official be directed to forward to the City Council the Board's recommendation that section 107.2(B) of the Building Code be deleted wi t h the understanding that t~e result of the deletion would be to make failure t o obtain a permit an offense punishable by the penalties provided for any other code violat ion. 8. Adjourn. There being no other business, the meeting was adjourned. ' _I j C ITY OF COLLEGE STATION POST OFFICE BOX 9960 11 01 TEXAS . AVENUE COLLEGE ST AT ION, TEXAS 77840 January 12, 1977 MEMORANDUM TO: Zoning Board of Adjustment FROM: Bu ilding Official SUBJF.CT: Meeting of January 18, 1977 1. Mr . Basco's application is enclosed. We have attached a tracing of an aerial photo of the blo ck showing locations of structures in the block . The detached garage at 1 004 Goode appears from the original building permit t o be 26 feet from the rear property line . There are several storage buildings,which appe a r to be portable, within thi s block . All of the permanent s tructures in the blo ck appear to have observed a 25 foot rear setback even though they we re built under the terms of Ordinance J8 . I cannot concur wi th the applicant's statement that similar variances exist in the imediate vicinity. 2. Mr . Chaney has applied for a building permit to add a bedroom suite to his re sidence which contains cooking facilities separate from those existing in the residence . I have refused to issue the permit because our policy has been to define a family as "a housekeeping unit which does its own cooking." T'n e construction as propo sed would be a duplex under this policy. Mr . Chaney believe s that the propos ed structure can be entered only through the existing house , would be impractical f or two separate families to occupy, and is no t in fact i ntended for two families. He feels that the proposed kitchen facilities are of no consequence t o any actual occupancy of the structure and that a permit for the con stru c tion should be i ssued. 3. The volume of r equests f or appeal or variance to the Zoning Board of Adjustment has been such as to require at least one meeting per month for the last year . I would e xp ect the case load t o be main- tained or to increase slightly in the coming year due t o pl anned increases in enforcement capabilities and rec ent changes in the Zon ing Ordinance creating more n on-conforming uses. The Bo a rd now meet s on call of the Chairman. If we were t o establish one fixed meeting per month which could be subject t o cance llat ion for l ack of business or l a ck of qua rom we could discourage requests for spe cial meetings, avoid possibilities of errors in notifications and avoid s chedule confli ct s in the use of our meeting place. 4. We have clarified our procedures for filing charges in case s of code violations in order to implement the policy of bringing charges against persons commencing construction without permits . A guilty plea on first offense carries a fine of $2 5 .00 plus tax and is hand led in the same manner as a traffic violation. .1 ·1"1:-'..:...-'-~ ....... .__._ ___ - --- ' R.0..::td b y----·---- _,:._~~ess 1203 P2rs:1in:, '.J rive , ~oll er;e .::it a ti on , Texa s , 77 140 ?:::.2 e 84 6 -7 55 4 Lot ----------~ 2 Blo~lc -~7 ____ S1-.10::1ivisi o n ,)o o d son \!-i 1 1 <:i a e CJ Dss:::r i pticn , If applic2.ble Sin~le fa mily d\·1e ll i11 r,, n's i de>1 i--i a J dj~±.x:..i.ct - \ L8tion requested : (Appeal , Hon.confo:r-:'1;~g Us e , Variance) _V_:a:.:.:r::...:::i.:;:a;..:;.n:..::c:o..:e"--------- Adjoi11er s notified -Hailing D a te-------------------~----- lrANE ADD HESS lade From current ta.~ rolls, College Station Tax Assessor k 2 tLt 4 Banker , Do n ald H ., 10 4 0 8 ::>Ja11ght e r r k flr ,1,,s ti n , ..'.'2~:aos lk2 ,Lt 6 Pla pp , Fre de rick w., Jr ., 1003 Glad e S t~, Colle ~e Station , Texa s 77 8 40 . . n2 ,_i·t7 Oas , P·h.a ri"in d t :a r.:., 1005 Glade St ., Colle g e ,:;tation , Texas 778 40 3k 2 ,Lt 0 Cr ee c h , .Elb e rt P ., 100 7 Glade St ., Coll eg e ~tation , Tex:as 7 7 840 >k 2,Lt 9 J e nsen , Donald v •. , 3 8 12 Stil l me a d ow , Bryan , T e xas 778 01, ·:oo cl so n l.LLa.~e 3k6 ,Ltl De Ha v en , Gary D ~ 1205 Gbod e St ., Coll eh e ~t a ticn ,· T e xas 77 8 40 3k6 ,Lt2 Sto k es , Elmore E., Jr ., 1 2 03 Goode St .~ Colleg e Staiicn , Tex~ 77 8 40 fexas 77 8 40 r.3 k2i , Lt.1. Dean, f,l ichael C ., 1205 P er:-shing Dr . , Co ll e:r e Stat ion , Texas 7 7 8 40 .. f3lc7 ,Lt3 Cavin,. h.ay T ., · 1201 P e rs h ing Dr ., Colle g e ::>tat ion , T e xas 77840 ' . ilk7 ,L t 4 P arnel l, Calvin • Jr ., 1103 Pers h in g Dr., Colle g e S tation , Texas 77 840 .Jk 7 ,Lt5 Co p p , J :irne s H., 1101 P e r s hing Dr ., Colleg e .Staticn , Texas 77 8 40 .Jk7 ,Lt 1 5 t>ar:-cer , "·o na l d L e on , 1 00 4 Goede , Colle g e :..,tation , T e xas 77 ,,40 ,3k 7 ,L t 1-6 ::->c hul tz , C ha rl e s R ., 12 C·O Gcc c e ..)t ., Coll er;e .::>t a t i on ; T e xa s 77 'S 40 cc Lt .L i3k7 ,L t 18 i h o mas ,_ Ju l e '.·r ., 1202 Gc octe , Ccll c;';e St a tion , .fexas 770 40 0k7 ,Lt ~9 .B ri g h t, \rt h ur D ., 1204 Goede , Ccll c ,C:'9 ,.?)tatiof>.,.,·, I'exas 77 8 4B Dk3 ,Lt 7 Lard , Curtis F ., 1204 P e rs ~in g Dr ., Cclle ~e ~taticn , ~ex ~ 778 !.1:0 " id j 1 n e rs List Ccntinued -Page 2a -D~vid R . Das c o Jk8 ,Lt.'3 Ri c;;·;ay , ·:101 ;1<.:.s H ., 1~02 i 'C rs :1j_ G Dr ., Cclle ~;c ...-,t ~l ticn , r:x . '/'7 8 40 Jk8 ,Lt9 Swa fford , ~-C ., 1200 ~e rs h in 3 Or ., Colle ~e ~t a t icn , fcxa~ 778 40 ·-k 8 ,Lt 1 0 .Jeac h , :l illiam •:;., 1:'_0 2 Pe r sllin~ Dr ., Cc l e ~5 e taticn , ·J.·exas 773 40 Bk 0 ,Ltl1 Bury , .C l ic ha r d L .' 11 c1 0 t>e r s:1im; Dr ., Ccl lcg e :::;taticn , .Lexas 7 7 '.J 40 Bk9 ,Lt 2 2 Harris , James c .' 1 2 0 3 ~i ol lerw., Dr ., Col lq;e ~t·ti on , l'exa s 778<W Bk9 ,L t2 3 Sells , ·.J ill.iam ·.: J.2 05 Holle:1 a n Dr ., Cclle ge 0tat i o n , Drive 77840 '. ' Bk9 ,Lt24 Lard , Cu r tis r . -Same as a bc ve I .fage 2b of 2 F ile No .~~~~~~~- R!EQ UEST FOR VARIA!.\J CE Present zoning of l and in question I<. -lC Section of ordinance fr o ~ which varianc e is sough t.~~~N~S~04,-=-~~~~~~~~~~- The follo win g specific variation from the ordinance i s r equ ested : tc co ns..tn1 cj- prcperty line . Th:ics variance is necessary due to the following unique and special conditions . of the l and not found in like di stricts: Ec usine:i: Co st s iiav e i ncre«ised co nsideral~le in Cc i1 e f'e ,..,i· a t i en i·ri thin t he las t three ye a rs . Personal e c ono mi cs d i c tate a n a (dition to the existing r es iclenc c as t h e o rt lv n r:.icticu.1 alternat iv e tn c;1 1·m ly nc0<ic; o.f a r•r ci.r j n~ -... . ,_'.) v fami l y . T h e propo s ed add ition i s the 101;est c ost alternative o f these listed bclO\•: fer r easons c ited . ut he r si u1 jJ a r var-i a pr e s r"<"ist i11 t'ip i r.cn ed i ate v i c inity and h ave been Hell re c ei v ed if blend ed iri with surroun d im~ s . The following alternatives to the requested variance are possible=~~~~~~~- a . no a c:d i tion -mov e is e c onor.1 ic all y v e ry una ·~t ra c tive . Loc aticn t o all schoo~s is an a d v anta~e . b . r e d uce size of ac'tdi ticn -c ourtyard wculd be tee sr .1al l and hcuse appearar '.VO u l d n c t be at t r a c t i v e • c. ma,;::e a t wc story add itio n -woul cl not blcncl in 1vith existi np; house desig r more offe nsi ve to nei ~hbors anrl nuch ~ore co s tlv to co nstru ct. T'nis variance will not be contrary to the public interest by virtue of the .following facts: a . une sto rv 0es i qn wc 1Jl d blend i n 1 Ptt P r .w jt b e';is+i n ,_,1lrn::6 rf ·h0use , less eyesore for surro u n d ing nei ghbors t lan 2nd stcrv . · b .A.d di t ion at rear v:ill n ot be vi sible to <rn,r ~h-PPt t~;:if f-".;c 0w1 cnJr "isibl to adjacent nei g ~bo rs wh o h ave J o o~jection s . and f a vor plan as p ro p bsed .· c . Wi ll not encroa c h en utility easeo ents · · e . ln c reased prope rt y v alue .will enha n'ce wo rt [ of adja c e nt nei ghbors properti The facts · stated by me in this application are true and correct. d_&_~__;:_:-:__!?_. -~-· __ <_,,..,._.J~~ /. ~ {I tiff-dltw//y· Date Building Official: St·'i't'>a!/Ypc :'/J,,f;k ,b;f/M 06 i;-·. rJ</.< f ; I Applicant REVIEW Mill COMMEN T: //; dei ~ k ·c~ Z r'c?Qrk' I 17c7a r'e'C ffe1 / 11.51/?J/hr Poo/,;//'cr,;s: c:' .. n s l---11 /~~:~&~-//.4a s ) 7Z ~,. ;i..· .. /J'/eci/s 25' reo; seliad t/oder Oil/. 3:5' de/'inilion Proposed Add1//01J l.?05 P&rs/11/?9 25' !3c11 k/1og .Seliioci from PIJo/09/opjy Dokcl ;if ore/; , IP 7 3 t _I January 11, 19'77 Mr. Tom Chaney 404 Fairview Street College St ation, TX 77840 Dear Mr. Ch:mey: CITY OF COLLEGE STATION POST OFFICE BOX 9960 1101 TEXAS AVENUE COLLEGE STATION, TEXAS 77840 I have reviewed your plans submitted for permit to remodel your house at 404 Fairview. The proposed kitchen area in the addit ion classifies the remodeling structure as a duplex, and for this reason I would be unable to issue a permit as proposed. Your plan conforms to the City's requirements in all other respects. Sincerely , WK/rm • January 1 2 , 1 977 William F . Koehler Ci ty of College Station College St ation, TX 77840 Dear Mr . Koehler: The proposed addition to my home at 404 Fairview is to be used a s a residence for my mother-in-law (Mr s. B.L. Atchison), so that she can have s emi -private housing rather than living in our h ouse proper . The design was so planned as to allow no out side entrance and access only through a port ion of our home, r e alizing that a future vacancy by her or other ownership, might allow a separate renting of t his addition . I request that a building permit be issued for this addition and in future similar cases that a duplex designation be based on external entry rather than cooking facilities . This guideline would also allow a single home to have a co ffee bar in a master suite or guest area. Sincerely, ~ T~~a ·uur AGENDA ZONING BOARD OF ADJUSTMENT January 18, 1977 7:30 p.m. 1. Approval of the minutes of the meeting of December 14, 1976. 2 . Consideration of a request for variance from Mr. David Basco, at 1203 Pershing. 3. Consideration of an appeal from Tom Chaney, at 404 Fairview. 4. Consideration of procedure for setting meeting dates. 5. Other B]j.siness . 6 . Adjourn < ~---';?/p/ ?;;P~ ~ r~,?~-:r~~y ~~ -C/£/L: ~I J v CITY OF COLLEGE STATION POST OFFICE BOX 9960 11 01 TEXAS AVENUE COLLEGE STATION, TEXAS 77840 TO W.S:OM IT MAY CONCERN: The Zoning Board of Adjustment of the City of College Station will consider a request for a variance from Mr. David Basco at their called meeting in the Council Room in the College Station City Hall at 7:30 P.M. on Tuesday January 18, 19'77, the facts of the case being as follows: The applicant requests a variance to the rear setback require- ments of the Zoning Ordinance in order to construct an addition to his residence at 1203 Pershing. Further information is available at the office of the Building Official of the City of College Station, telephone 846-8886. William F,. Koehler Building Official AGENDA ZONING BOARD OF ADJUSTMENT January 18, 1977 7:30 p.m. 1. Approval of the minutes of the meeting of December 14, 1976. 2. Consideration of a request for variance from Mr-. David Basco, at 1203 Pershing. 3. Consideration of an appeal from Tom Chaney, at 404 Fairview. 4. Consideration of procedure for setting meeting dates. 5 • Other BU.sines s . 6. Adjourn AGENDA ZONING BOARD OF ADJUSTMENT January 18, 1977 7:30 p.m. 1. Approval of the minutes of the meeting of December 14, 1976. 2. Consideration of a request for variance from Mr-. David Basco, at 1203 Pershing. 3. Consideration of an appeal from Tom Chaney, at 404 Fairview. 4. Consideration of procedure for setting meeting dates. 5. Other Business . 6. Adjourn AGENDA ZONING BO.ARD OF ADJUSTMENT January 18, 1977 7:30 p.m. 1. Approval of the minutes of the meeting of December 14, 1976. 2. Consideration of a request for variance from Mr-. David Basco, at 1203 Pershing. 3. Consideration of an appeal from Tom Chaney, at 404 Fairview. 4. Consideration of procedure for setting meeting dates. 5. Other Bt.isiness . 6. Adjourn i -' TO WHOM IT MAY CONCERN: CITY OF COLLEGE STATION POST OFFICE BOX 9960 11 OJ TEXAS AVENUE COLLEGE STATION, TEXAS 77840 The Zoning Board of Adjustment of the City of College Station will consider an appeal from Mr. Tom Chaney at their called meeting in the Council Room in the College Station City Hall at 7:30 P.M. on Tuesday January 18, 1977, the facts of the case being as follows: The applicant appeals from a decision of the Building Official that the construction of additional separate cooking facilities in a dwelling constitutes a separate dwelling unit. Further information is available at the office of the Building Official of the City of College Station, telephone 846-8886. William F. Koehler Building Official -------------'--------------1 TO WHOM I T MAY CON CERN: The Zoning Boa rd of Adjus t men t of t he City of College St ation will consider a request for a variance from H 7 I i11reri at their called mee t ing in t he Council Room in the College St ation Cit y Hall at 7:30 P .M. on Tuesday 0 I 1 2 i(j 197e, the fa c ts of the case being as follows: .Ja.n"o.ri 18 .J Jq/l ..;cite S:f!!'lieant x aqaes Ls a var ianee 'Be i;I.9 lFHHiP eetbaclc req;p j rernill'lfset ef =&fto 6efl:ing 01 ditldl!C8 111 01 de! LO COllS LI at. tr' an ae!El:Hfon ±a a ;r;;i,QR eem'enning s Li ac Lw e a L 4:10 Soath H'@]Sj) s 0- F\J.rther information is available at the office of the Building Official of the City of College Station, telephone 846-8886 . William F. Koehler Building Official IY!~els 25' r eo/ seliad Vilt/er Om'. 3::5' t/e/Jni/J o/I Propo sed Add1//oo 1?03 k/s/;109 25' !Jc.11/diog Se/Jo el /Yom Pao/09/0/.)!f y /Jolecl /tlo rch , IP 7 3 tWee/s 25' reol' sell.ad f//Jt/er Om'. 33 oe/Ji71'/;oo Proposed Add1//01J- l? 03 P&/s/;io9 25' !301/d/og Se/t?oci from P/;0/0 9/0,.oiy £Jolee/ Aloreh, /fl 7.3 t11c-·els 25' reo/ se&d t//Jt/er Om'. 33 ck/}iJ///017 Propos&d Add1/io 1J 1?05 //&rs/;1/Jg 26' Bc11/d/09 Sel~oci !'l-om /YJolo9ro,.o.Jf y [}o/ed I.lore/; , I P 7 3 CITY OF COLLEGE STATION POST OFFICE BOX 9960 11 0 1 TEXAS AVENUE C O L LEGE STA T ION , T EXA S 77840 January 12, 1977 MEMORANDUM TO: Zoning Board of Adjustment FROM: Building Official SUBJECT : Meeting of January 18, 1977 1 . Mr-. Basco 's application is enclosed . We have attached a tracing of an a erial photo of the block showing locations of structures i n the block. The detached garage at 1004 Goode appears from the original building permit to be 26 feet from the rear property line . There are several storage buildings,.which appear to be portable, within this block . All of the permanent structures in the block appear to ha ve observed a 25 foot rear setback even though they were built under the terms of Ordinance 38 . I cannot concur with the applicant 's statement that simila r variances exist in the imediate vici ni ty . 2 . Mr-. Chaney ha s applied for a building permit to add a bedroom suite to his residence which contai ns cookin g facilit i es separate from those existing in the r e sidence . I have refused to is s ue the permit because our policy has been to define a family as "a housekeeping unit which does its own cooki ng ." Th e construction as proposed wou ld be a du piex under this policy. Mr-. Chaney believes tha t the proposed structure can be entered only through the existi ng house, would be impractical for two separate families to occupy, and is not in fact intended for two families . He feels tha t the proposed kitchen fa cili ties a re of no consequence to any a ctual occupancy of the structure and that a permit for the construction should be issued . 3 . The volume of requests for appeal or variance to the Zoning Board of Adjustment has been such as to require at least one meeting per month for the last year . I would expect the case load to be main- tained or to increase slightly in the coming year due to planned increases in enforcement capabilities and recent changes in the Zoning Ordinance creating more non-conforming uses. The Bo a rd now meets on call of the Chairman. If we were to establish one fixed meeting per month which could be subject to cancellation for lack of business or l a ck of quarom we could discourage requests for special meetings, avoid possibilities of errors in notifications and avoid schedule conflicts in the use of our meeting place. 4. We have clarified our procedures for filing charges in cases of code violations i n order to implement the policy of bringing charges against persons commencing construction wru thout permits. A guilty plea on first offense carries a fine of $25 .00 plus tax and is handled in the same manner as a traffic violation.