HomeMy WebLinkAbout65 MM Tim Keneipp 2.21.78 203 SuffolkTO WHOM IT MAY CONCERN :
The Zoning Board of Adjustment will consider a request for
variance from Mr . Timothy Keneipp at their called meeting in
the Council Room of the College Station City Hall at 7 :30 p . m.
on Tuesday , February 21 , 1978, the nature of the case being
as follows :
The applicant requests a variance to Section 5-D4 of the
Zoning Ordinance in order to add to an existing c arport which
is nearer to the rear property line on his property at
203 Suffolk Street.
Further information is available at the office of the Building
Official of the City of College Station , 846-8886 .
William F . Koehler
Building Official
•
Pt:OCE!J:..'~:.E FO R FIL ING 1\ REQ UE ST FOR 'l;\RIA~:CE
(1) I n ord e r for the BourJ tu consider a case, there must b e on filP a
co::i?l2r.2 appl ic;:ition for a building permit which k .:.s been rejected . by th~
Building Official and a completed "Request for VarL2nce" .:tpplication.
If some unique circumstance renders a full design impractical, and if
the B~ard consents, the appeal may be based on a decision rendered in writing
by the Building Official in reply to the applicant 1 s 1.-iri t ten inquiry as to the
effect of a particular zoning requirement on a proposed plan. A complete
'apolication for variance raust also be filed along with any drawings or data
ne~essary to show the nature and extent of the variance\
(2) There will be no item placed on the Board agenda nor any notice
published until all of the naterials mentioned above are complete and in
hand. We provide no materials to the Board in support of a variance except
that ~.:hich we ·receive from the applicant and can reproduce in-house (8 1/2 x
14 max size, line work).
(3) Application; page (1)
(a) The building department will fill in the date of the hearing
and the date of notification.
(b) _The applicant will fill out r-he rest of the form.
(~) Owners within 200 feet may be determined b}· scale from the
1"=100' scale street map series on file in our office:--
o'· .. mers whose property in any part .falls within · the 200 foot
distance should be listed. Neasurement starts from the
property lin e of the lot or tract in question, or, if the
tract is bounded by a street, from the opposite side of the
street:.
(d) The names and _addresses must be as they appear on City ta:.;:
·rolls~ even if they are wrong or out of date.
(4) Application; page (2)
(a) The building department will assist you in finding the zoning
of the tract, identifying the section of_ the ordinance and
specifying the variation.
(b) The remaining three section address themselves to the three
findings that the Board must make in order to grant a variance.
If the Board cannot agree with any one of these" they will not
be able to grant the variance.
(c) The application will be sent to the Building Official,, City
Engineer and Fire Marshal for comment on any _facts within their
knowledge which ~ay bear on the case.
(5) ~otice of the h e aring will be published on the Wednesday preceeding
the r:ieeting and ~•ill be IT!ailed by the building department to the owners
uithin 200 feet. The complete application must be received by the close
of business on the Monday preceeding the date of publication in order Eor us
to neet the publisher's deadline.
(6) Should c.ny person desire to ap;>eal a decision of-·the Bonrd> he should
so st2.t-e after the ·conclusion ·of the hearing. The ch.'.lirman ~•ill comp·lete
hts stater:ient of finding s i ,:i!ich uill constitute filing of the decision-
Hinut es o f th e meeting , subject to app ro val of the Eo ar d~ will be prep ared
by th e close of business on the following d a y. A duplicat e tap e of th e
pro ceedings will be made available to th e appellant's attornay upon request
and up o~ receipt of co mpansa tion for th e 120 minut e cass et tes used for the
duplic 2 tio ~. No transcript is made of the hearings. Minutes of the pro-
ceedings a re paraphrased as appropriate, in the judgement of the recot""der>
to refle c t points of the discussion pertinent to the decisions rendered.
,
..
~ne, i pp
Blk 1
Oakwood
Episcopal Church
904 Jersey
College Station, Texas
Blk 1 Lt 11
Oakwood
Mrs. J. Wheeler Barger '
118 Pershing
College Station, Texas
Blk 5 Lt. 1, 2
Oakwood
Mrs. Elbert B. Reynolds
200 Pershing
College Station , Texas .
Blk 5 Lt 3, 25'Qf 4
Oakwood
Russell Couch
204 Pershing
College Station , Texas
Blk 5 Lt 1/2 of 4, 5
Oakwood
W. H. Badgett
208 Pershing
College Station, Texas
Blk 5 Lt 6, 1/2 of 7
Oakwood
Harry W. Gooding
Blk 5 Lt 25' of 25, 26
Oakwood
Joseph J. McGraw
211 Suffolk
College Station, Texas
Blk 5 Lt 27 , 28
Oakwood
William F. Loveless ·
1300 Milner Dr.
College Station, T~xas
Blk 6 Lt 1 less 30', ,Z , 5'of 3
Oakwood
Ohannes Eknoyan
3902 E. 29th
Bryan, Texas
Rik 6 Lt SE45'of 3, NW 45'of 4
Oakwood
Michael R. Hielscher
204 Suffolk
College Station , Texas
Blk 6 Lt SE 5'of 4, 5 NW lO'of 6
Oakwood
Phillip Goode
Drawer DT
College Station, Texas '.
Blk 6 Lt 40'of 6, 7 , lO'of 8
Oakwood
S:rndr::i .T . n~t.i::hkmr i::kv
"'-(_.,.::-,'-' • V J....-
X??L I Cl3IO:i
,
Action reqnested:
.App l ication D<.:.t e --------
R ec 1d by----~~~-
(Appeal, Hon.conforr:ii~g Use, Varian.ca) .X \ //#£/~A/C6-
Adjoiners notified -Mailing Date X .___--~~~~--~~--~~-------.,~~~~--~~~.
lIP.ME ADD.RESS
From curre.:.~t tax rolls, College Station Tax Assessor
.·.01~o)
Page 2 of 2 File No. _____ _
REQUEST FOR VARI ANGE
Present zoning of land in question X R-(
Section of ordinance from which varianc e is sought : -S~ . 4 ( d
The following specific varia tion from the ordinance is reque sted: ~ 4.JJ fo
. S' f fhe rear of 1'ne,
This variance is necessary due to the follovring unique and special conditions
of the land not found in like districts:
1t+B O/,f?6& &113Plfl/~A/ /?JJl~T FR.IOI:_ To Z91/!Nq Of</), '/l/Q
I
/ldT ~ /eE!tl(, IAT6C3T!Ytq;$ 2< t3XtS1-: ser~ 19'~
Af?l?4JV~te fiPR. A-fATO aJIA!n<.. ~!?... /A/rt/CR 7ll1!i _ ;lf3t£q ,
) s J/V(CT)I O?Q ~
The f~lloWing -alternatives to · the requested _ variance are poss:tble=~-_·. -~--
CAiftli?I '#Jfd//.,T AiJJAcerrr -m -tiiX/~7: Cdf?PO(<.r hefu1,p
f131fl(l{!!.E f<.Bl'MV~ ~f S~ (;elrUrJPll~ "~.
This variance will not be contrary to the publi~ interest by virtue of the following
---I ---· -.. ---------. :
racts: {5 w. AU..eT )(.LPhS 'A-T ~ PRPVl/?l!;S AMPLE -·P11<.e
llt'J.le @I< @161<.Cp/.JCY l/5ftf CU$ , ffl71/L '?{/ST. @.GS Of!lt/a?S
l-tA1/!5' ST1eJJ?1t1te.es wtt1Clt ARe f#lt-r ~ti _ te?tt< e~oe u~,
]!15'R8~1?15 -I@ irBl!PW& at{()mtJN _ ,W/'-'/; !\r5Sa '-' T,
Building Official=---------------~~
REVIEW AND COMr·1ENT : Fire Marshal
' I
REVIEW AND COMME NT: City Engineer:
The Zoning Board of Adjustment has examined the facts presented herein and ·
reflected in t he minutes of the public meeting of . . . and have
determined that the requested variance (IS / IS NOT) contrary to the public
interest and that unique and special conditions (DO /DO NOT) exist as stated
herein and as reflected in the minutes of the Board's proceedings and the varia...rice
as requested herein (IS / IS NOT ) approved subject to the following terms and
conditions:
Chairperson, Zoning Board of Ad justment Date Filed
NOTE: Any person or persons or any tax~ayer or any officer, department, bo3.I'd, .
commission or COIBJillttee of the City, jointly or severally, aggrieved by any
ded,sion _of the Board of Adjustment, may present to a· court .of record a petition,
verified, setting forth that such decision is illegal, in whole or in part,
specifying the grounds of the illegality. Such petition shall be presented to the
court 1.r.ithin ten (10) days after the filing of the decision in the office of the
Board •
. I.
•
AG ENDA
ZOl-TING BOARD OF ADJUS 'IM ENT
February 21, 1978
7:30 P• m.
1. Approval of the minutes of the aeeting of Ja_rma.ry 17, 1978 .
2. Briefing by the City Attorney.
3. Consideration of a request for variance from Abe Cyrus at
1303 Augustine.
4. Consideration of a request for varib~ce froa Timothy Keneipp
at 203 Suffolk.
5. Other Business
6. Adjourn
'\
(
MEMBERS PRESENT :
MEMBERS ABSE NT :
MINUTES
ZONING BOARD OF ADJUS 'IMEN T
January 17, 1978
Chairman Sandra Runnels ; Members Janet Storts,
John Hu ghey; Council Liaison Larry Ringer ;
Building Official Bill Koehler
Henry Hawley
' Agen da Item No. 1 -Approval of the minutes of the meeting of January 3, 1978 :
Hughey moved that the minute s be approved. The motion was s econded by Ringer
and unanimously approved.
Agenda Item No. 2 -Con s ideration of a reguest for variance from Dwayne Rhea
at 2751 Longmire:
Koehler reviewed the application and pointed out that the d esi gn of the building
blend e d with re s idential structures and that a conforming sign could not be
legible from the s treet, that operation of the store had proven to be impractical
without identification by signs and showed t he proposed s ign and location. He
offered the opinion that t he purpose of the prohibition of detached s ign s in the
district was to render comme rcial u ses consi s t ent with residential u s e, and that
the d e s ign of the building did thi s to such an extent that relief was necessary.
The Board examined photographs of the building.
Runnels moved that the var iance be granted . The motion was seconded by Storts
and unanimously approved .
Agenda Item No. 3 -Consideration of expansion of a non-conforming use by
Victor Caudillo at 201 College Ma in:
Koehler reviewed the application and pointed out that the effect of the Board 's
action would be a variance to front and rear setbacks and parking requirements.
The Board examined a plat showin g the proposed and adjacent structures . Ringer
noted that these requirem_ents were not observed in general in the area.
Mr. Caudillo said that the now vacant land was used for loading but not for public
parking .
Runnels moved that a variance to setback and parking requirements be granted to
allow the con s truction proposed on lots 21 and 22. The motion was seconded by
Ringer a~d unanimou s ly approved.
Ag enda Item No. 4 -Other Bu s ine ss : Chairman Runnels said that the business of the
fir s t meeting after appointment of a new member would follow a briefing on powers,
duties and proceedures of the Board .
Agen da Item No. 5 -Adjourn: There being no other bus ines s , the meeting was
declared adjourned.
l _, f •'• .,
CITY OF COLLEGE STATION
POST OFFICE BOX 9960 11 01 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
February 17, 1978
MEMORANDUM
TO: Zoning Board of Adjustment
FROM: Building Official
SUBJECT: Meeting of February 21, 1978
1. The City Attorney will be present to offer comments on the func-
tions of a Board of Adjustment and some of the legal constraints under
which it operates. I have asked him in particular to clarify the mean-
ing of "hardship" as the courts interpret it, and to answer any questions
you may have about the laws concerning Board operations.-
2. Mr . Cyru s ' house at 1303 Augustine was built in September, 1973 by
George Riley after our Zoning Ordinance -was in effect and Mr . Cyrus
bought the house in February, 1977 and is the second owner. The main
structure was built 17 feet from the rear property line. Mr. Cyru s has
recently added a cover over his patio without being aware that a permit
was required for the cover or of the rear setback requirements of the
ordinance. The City became aware of the original structure's location
and the patio cover upon investigation of a complaint from Cpt. Joe McNabb.
Mr. Cyrus' request is to grant a variance to the rear setback requirements
in order to allow the continued existence of the main structure and the
patio cover. He asks the Board to consider these separately if need be.
A photograph of the rear of the house will be available to you at the
meeting. We are witholding any demand for demolition action of the Board.
3. Mr . Keneipp wishe s to expand an existing non-conforming structure and
requests that a variance be granted to the rear setback line. He addresses
the questions of unique circumstances, hardship and the public interest in
his application. The proposed location will not interfere with any utility
distribution sys ta~s .
Page 2 of 2 File No. --------REQUEST FOR V ARIAl\T CE
Present zoning of land in question_,_/'-. __ \'---"<.._-_l __
. ~-"'. 4 ---.-,., 1 \,, __ 11 A11 Section of ordinance from which varianc e is sought_.·_·. ---"-::J...__---',.,.., __ ...__--'-" 1 cu.=b~"'=·----..:-:.-........
The following specific variation from the ordinance is requested: \:2
\ I fl { -~~~~~"'-~e ·~~'~1 ~1i~n'-"'-"-~-~·__;;e~'=~'~·,~1 =a..~·~,c~e'--____ -'--_,___.~~ .......... ~~·~c ~f~)~·i t~e~.__... ........ ........_........_...__ ___ ~e~e=-~~-__...__.....,_,_1 _;;~
Gu l v <--p rn p='cf vj,
This variance is necessary due to the following unique and special conditions .
of the land not found in like districts:
The follow...ng alternatives to the requested variance are possible: ______ _
This variance ·will not be contrary to the public interest by virtue of the f ?llowing
facts~·. /\(E!VtF?? 7Jf€ 8r;s1l)F>JCE 612. Tl& ,4-'i:/ktfe-7> · ~o Coifi:ze_
. ·'·.
~C.i?.c'"71-& // SA:;A=rt Jf;4~b tJR.. /.AIE;f/d<[E . c!/''1~--"?J.1£ RIC~
t:JF A.D-17f-CE?tJ-, P£DP~T21 awAl~.
application are true and correct.
z-Jo-7a
Date
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, .
Page 2 of 2 File No. -""""------REQUEST FOR V ARI.Al~CE
Present zoning of land in questior:i."'"""'/_..__R_-_! ____ _
i.::::_ D. 4 I I / liA II \ Section of ordinance fror.i whic~ variance is sought · ._) _ _ , Tc F, p · )
The followi__ng specific variation from the ordinance is requested: To arid __ /o
. I. . \ I (i l j ) I .
(!, 1 r=· v 1 /.. 1 r 1 :.? • S "'? t>i ·) 1 · f, ;,:" r J r o r , r 1 e .
I
This variance is necessa_ry due to the following unique and special conditions .
of the land not found in lL't(e districts:
W? ()t,,tJ/iR Sil8Plf//9~AI f3t/1~T FRIO~ 70 ~!Nq cJf2/), PIO
/IOT f!lft/G !?.@IS !AT 6bT84(/<S 2< t3X61: S?TbAel::.. 15 ;Vff
I .
AOGqJl.IA-7/3 ft?R kiAT9 COl/e'l<... RJK /A/ft/Of 7l±f3 f3tp_q,
ls /lf7?7ti Q?1) ~
.. The folloW'i_ng :ai:terii.atives to the . requested . variapce 8-r'.e ' posstble·: . . . . .. . . . . . -----~~-
'. --. CAfSPtJl?I ?;,;rW /lrT tfPJAC?!JT · 7[;. 'l::iX/$T, Crff?.PO/<..T Ur?rldip
f_eyt)lf:-6 , R6M~Vlr& tJf £6VbJ::A-£-, f;;e;tU17Fi!L t'A-K.5 .
. . .. &6f5 ·MA-P). · .... _·· p .
This .Va.riance will not be contr-ary to the public.. interest by virtue or the f'o11ow:tng
. -:_ :.. . --. I . -... ' . . . .. . .. . -.. . : . . .. . . ·" -. -, . : . .. . . ..
:_ . -·facts: /5 w. AtJ-hT }l,(J?.bS 'lt-T ~R.. PR!JVlfl~5 AMPL6 ·, ·P/~ti --. > ·.·
· l-/r/t/l3 · f?t< -ev/6K?;l3/r!CY Wittel$, MAit<Y ~sr: @.G:510ci;ild8s . --
ft~ s-/lGUctLllCCS Wff/Cli Af<f3 @tlltr 0)./ Ke7tf5. . e&oe u~,
11%.RB~I?.~ . It/() /tBllP/W~ ~l'{OfflO/\j . ,W/~t-RB'Stll-J;
. 11-rf516 ~ bate
AGENDA
ZONING BOARD OF ADJUS'IMENT
February 21, 1978
7:30 p . m.
1. Approval of the minute s of the meeting of January 17, 1978 .
2. Briefing by the City Attorney.
J. Consideration of a request for varianc e from Abe Cyru s at
1303 Augustine.
4. Con sideration of a request for varib".lce from Timothy Keneipp
at 203 Suffolk.
5. Other Business
6. Adjourn
MEMBERS PRESENT :
MEMBERS ABSENT :
MINUTES
ZONING BOARD OF AD J US'IMENT
January 17 , 1978
Chairman Sandra Runnels ; Members Janet Storts ,
John Hughey ; Council Liaison Larry Ringer;
Building Offici al Bill Koehler
Henry Hawley
Agenda Item No . 1 -Approval of the minutes of the meeting of January J , 1978 :
Hughey mo v ed that the minutes be approved . The motion was seconded by Ringer
and unanimously approved .
Agenda Item No . 2 -Consideration of a reguest for variance from Dwayne Rhea
at 2751 Longmire :
Koehler reviewed the application and pointed out that the design of the building
blended with residential structures and that a conforming sign could not be
legible from the street , that operation of the store had proven to be impractical
without identification by signs and showed the proposed sign and location. He
offered the opinion that the purpose of the prohibition of detached signs in the
district was to render commercial uses consistent with residential use , and that
the design of the building did this to such an extent that relief was necessaFy.
The Board examined photographs of the building .
Runnels moved that the variance be granted . The motion was seconded by Storts
and unanimously approved .
Agenda Item No . 3 -Consideration of expansion of a non-conforming use by
Victor Caudillo at 201 College Main :
Koehler reviewed the application and pointed out that the effect of the Board 's
action would be a variance to front and rear setbacks and parking requirements .
The Board examined a plat showing the proposed and adjacent structures . Ringer
noted that these requirem.ents were not ob served in general in the area .
Mr . Caudillo said that the now vacant land was used for loading but not for public
parking.
Runnels moved that a variance to setback and parking requirements be granted to
allow the construction proposed on lots 21 and 22 . The motion was seconded by
Ringer and unanimously approved .
Agenda Item No . 4 -Other Business ; Chairman Runnels said that the business of the
first meeting after appointment of a new member would follow a briefing on powers,
du ties and proceedures of the Board .
Agenda Item No . 5 -Adjourn : There being no other business , the meeting was
declared adjourned .
CITY OF COLLEGE STATION
POST OFFICE BOX 9960 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
February 17, 1 978
MEMORANDUM
TO: Zoning Board of Adju stment
FROM : Bu ilding Official
SUBJECT: Meeting of February 21 , 1978
1 . The City Attorney will be pre s ent to offer comments on the func-
tions of a Board of Adjustment and s ome of the legal constraints under
which it operates . I have asked him in particular to clarify the mean -
ing of 11 hardship11 as the courts interpret it, and to answer any question s
you may have about the laws concerning Board operations .
2. Mr . Cyrus ' house at 1303 Augustine was built in September , 1973 by
George Riley after our Zoning Ordinance wa s in effect and Mr . Cyru s
bought the house in February, 1977 and i s the second owner . The main
structure wa s built 17 feet from the rear property line . Mr . Cyrus has
recently added a cover over his patio without being aware that a permit
was required for the cover or of the rear setback requirements of the
ordinance . The City became aware of the original structure 's location
and the patio cover upon inve sti gation of a complaint from Cpt. Joe McNab b .
Mr . Cyrus ' request i s to grant a variance to the rear setback requirement s
in order to allow the continued existence of the main s tructure an d the
patio cover. He ask s the Board t o consider these separately if need be.
A photograph of the rear of the house will be available to you at the
meeting. We are witholdin g any demand for demo lition action of the Board .
3. Mr . Keneipp wi shes to expand an existing non-conforming s tructure and
requests that a variance be granted to the rear setb a ck line. He addresses
the questions of unique circumstances , hardship and the public interest in
his application. The proposed location will not interfere with any utility
distribution systems .