HomeMy WebLinkAbout82 Regular Meeting 10.17.78AGENDA
ZONING BOARD OF ADJ1JS1MENT
October 17 , 1978
7 :30 p . m.
1 . Approval of the minutes of the meeting of August 29, 1978 .
2 . Consideration of a request for a non -conforming use from
Peter A. Helfert at 1303 Augustine Court .
3 . Other Business
4. Adjourn
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CITY OF COLLEGE STATION
POST OFFICE BOX 9960 11 OJ TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
TO WHOM IT MAY CONCERl{:
The Zoning Board of Adjust~ent will consider a request from
Mr . P eter A. Helfert at their called meeting in the Council
Room of the College Station City Hall at 7:30 p. m. on
Tuesday, October 17, 1978, the nature of the case being as
follo ws :
The ~pplicant requests the non-conforming use to add
another bedroom, which will not alter the exterior of the
residen ce at 1303 Augustine Court .
Further information is available at the office of the
Assistant to the City Manager of t he City of College Station,
846...,8868 .
Sherry L. Albrecht
Assistant to the
City Manager
·-·!.
AGENDA
ZONING BOARD OF ADJUS'IMENT
October 17 , 1978
7:30 p . m.
1. Approval of the minutes of the meeting of September 19 , 1978 .
2. Consideration of a request for a non -conforming use from
Peter A. Helfert at 1303 Augustine Ct.
3. Other Busines s
4. Adjourn
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MEMBERS PRE SENT :
MEMBERS ABSENT :
MINUTES
ZONING BOARD OF ADJUSTMENT
September 19 , 1978
Acting Chairman Jones ; Members Hawley,
DuBois, Harper
Hughey, Ringer
1 . Approval of the minutes of the meeting of August 29 , 1978 :
DuBois offered corrections . Hawley moved that the minutes be approved as
corrected . The motion was seconded by Harper and unanimously approved .
2 . Consideration of a request for expansion of a non-conforming struc -
ture from Lorenzo Preston at 103 Holleman Drive :
Koehler presented the application and plan s . He pointed out that the
construction was on the side away from the setback encroachment and would
not itself exceed setbacks .
Jones moved that the permit be granted because the addition conforms
though the main structure does not, and the nature of the neighborhood
will not be changed . The motion was seconded by Harper and unanimously
approved .
J . Other Business :
The Board discussed the necessity for adequate information fr om appli-
cants in variance and non -conforming structure cases .
4 . Ad.journ :
Hawley moved that the meeting be adjourned . The motion was seconded
by DuBois and unanimously approved .
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CITY OF COLLE GE S TATION
PO S T OFFIC E BOX 9960 1 1 0 1 TE XAS A VE NU E
COLLEGE S T ATION, TE XA S 77840
October 9 , 1978
MEMORANDUM
TO : Zon i ng Board of Adjustment
FROM: Building Official
SUB J ECT : Meet i ng of October 17 , 1978
1 . This case is a matter of interior remodeling of a non -con-
forming stru cture . It has no apparent effect to the exter ior .
We have allowed the owner to proceed at h i s own risk pending
acti on of the Bo ard .
Mi nutes of a previ ous case involving this premis e s are attached .
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September 25, 1978
Dr. P. A. Helfert
1303 Augustine Court
College Station, TX 77840
Dear Dr. Helfert:
CITY OF COLLEGE STATION
POST OFFICE BOX 9960 11 01 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
We have reviewed your plans submitted for Building Permit No. 6925.
As you know, the Zoning Board of Adjustment must approve construction
in this non-conforming structure.
Your plans meet the Building Code requirements of the City exc ept
that you will need to add a bath receptac1e with ground fault
circuit interruption and you will have to move switch locations to
match the doorways.
·-·:..
You may proceed with your construction at your ovm risk and without
prejudice to the Board's decision. This letter vdll stand in lieu
of a building permit until the Board 1 s approval.
Should the Board fail to approve the construction, you vdll be re-
quired to restore the house to its configuration prior to the co:m:m.ence-
ment of your work.
Sincerely,
4/~$~··
Willirun F. Koehler
Building Official
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?'.:~r:.e 6f3-6.S-...3?" Lot c:17 clc;:;lc /¥ f I
De 3 cripticn , If applicable / Comple te interior alterions on $6 1,000 ho me
be gu..n. by previous owner. Non-coni'orming stru cture per · 1 9 '/2 Zo ning ·Ordinanc e
i n that b u ilding was set back 5 fee t beyond minimum 25 foot set-back. to · ·
re a r property lin e (in order to a v o i d cuttin g major tre es ). Ce rt if ic at e -o f
variance to rear set-back grant ed by Zoning Board of Adj u s tm e n t (permit
it454). Pre s ent altera tion s: inst a lla t1on of oath and closet, plaS. hallwa:y,
and necessary ventillatiori to conform to existing Building Code, in prevous ly
encJ:;osed (b1 ick exLerioI) ga:r a g e "Wi n g. . · . \ .
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From current tax rolls, College Station Tax Assessor
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ST RUCTUH~ ~ EXIST IN G
Struc tur~ is single family dwelling built in 1975 (building permit issued to Geo.
Riley in Apr 1975). Building is presently classified as a non-co~forming structure
i n that setback is approximately 20 feet from rear property line instead of 25 feet
a s specified in the College Station Zoning Ordinance dated August 1976. Property
line extends 138.16 feet on horth and 104.7 on south. Variance to rear property
setback granted by Zoning Adjustment Board (permit 4454) 21 April 1978.
Originally a 3 bedroom dwelling, the house h a s been converted by enclosing the former
garage by the addition of a brick exterior wall and chimney, interior wall, fire-
place and exterior door.
ADDITIONAL CONSTRUCTION/ALTERATIONS
P ro~sed construction (see plan attached) includes the following: l) installation of
4" sewer line from left front side of the house around to main sewer line in rear.
:Permit for required plumbing has been issued, sewer line laid, fixtures stubbed in,
and inspection by City vhl~ty Inspector completed.) 2) Installation of three interior
wa lls, 3 ?oors and one window (exterior).3) Installation of turbo-vent over kitchen a:
Alterations are designed to provide an additional bedroom, bath, closet,and hallway ,
giving access to exterior door (existing) without go1ngj2hrou the bedroom in order
to reach the kitchen from the driveway. Minor improvement n ntilation/cooling syse1
is contemplated. } :,,,g .~ · . .
/'._._ (Dr) P.A. H ~t -\. ~lo Avoi I> C(}T..,.tlH-, t>o~,.i TR.tB) 1303 Augusti.ne Court
· College Sta6n, Tx 77840
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MEMBERS PB..ZSENT:
MEMBERS .. @SEN T:
Mii'nJTES
ZO Nil'TG BOARD OF !J)JUS'JME!'J T
Februar-y 21, 1978
Ch airman Sa..l"ldra Runnels; Members J olm Hughey,
Henry Hawley, vks Harp er, Janet Storts; Council
Liaison Larry Ringer; Building Official Bill Koehler;
City Attorney Neeley Lewis
None
Agenda Itarn No. 1 --Approval of the minutes of the meeting of January i7, 1978:
Hughey moved that the minutes be approved as read. The motion was seconded by
Storts and unanimously approved.
Agenda Item No. 2 --Briefing by the City Attorney:
Lewis discussed the functions of a Board of Adjustment, the scope of authority
of the Board, the nature of the proceedings, the light in which courts might
view their actions under appeal and the degree of discretion allowed Boards of
Adjustment in various matters .
Agenda Item No . 3 --Consideration of a r equest for variance from Abe Cyrus at
1303 Augustine :
Koehler explained that the applicant had requested separate consideration of the
patio cover and the residential structure as both had been found to be too near
the rear line. He pointed ou:t that the house had been built in 1973, that
Mr. Cyrus had bought from t he first o~mer, al"ld that inspection practices at
the time of construction were not such as to detect such problems. He said
that the patio cover had been built by the present otm.er and that no permit
had been obtained.
Mr. Abe Cyrus said that he was not aware of the problem with the principal
structure and that it would not be possible to remedy it without demolition and
total re-construction to a different plan. He said that he was unaware of the
need for permit for the patio cover and lmaware that there was any difference
in regulation of a slab at grade and superstructure.
Cpt. Joe McNabb said that he recognized the hardship involved in correcting
the principal structure and would not advocate its removal •. He said that
the patio cover ·was built in Ju..YJ.e of 1977. He questioned its quality and
compliance with restrictions and said that its proximity to his property was
an illfringement upon his property and objectionable to him.
l1r. David Morris said that the cover did not appear to him to be objectionable
and that he had no doubt as to its safety. Koehler said that, with one minor
correction, the structure would be adequate for its purpose.
••
Hugh ey move d to grant a variance for the continu ed existence of the main
structure , not to include the patio cover, for t he r eason of t he extreme
hardship L~volved in r em oving it after it had been in existence and changed
hand s . The motion was seconded by Hawley and una.~imously approved.
Hugh ey r emarked that the objection of the adjoiner to the patio cover
was pertinent to the public interest in the c ase , and that while the Board
had granted varia.r1ce to similar structures in th,e pas t, it had no:t b een
to the expressed detriment of adjoining propertie s .
Koehler said that, in his opinion, allegations of other non-permitted con-
struction on the property had no bearing on the variance requested and
should be taken up in separate actions or proceedings.
Runnels moved that a variance be gra~ted to allow the continued existence
of the patio cover. The motion wa s seconded by Hugh ey and fail ed by the
following note:
For: None
Against: Runnels, Hughey, Storts, Hawley, Harper.
Agenda Item No. 4 --.Consideration of a request for variance from
Timothy Keneipp at 203 Sn.ff olk:
Koehler explained tha t the request was to allow the extension of a carport
which existed 15 feet from the edge of an alley and that the extension would
result in a clearance of 11 feet. He said that Mr. Badgett and Mr. Gay,
adjoining neighbors had ~~am:ined the plans and said they h ad no objection.
He said there would be no interference with utilities.
Mr. Keneipp pointed out that, without the variance, the original structure
would be lost and that he would have to remove several large trees. He
said th~t most of the structures in the neighborhood had been built when
garages were allowed much nearer the line than the proposed structure.
Runnels moved that a variance be granted to allow the structure to be built
as proposed in that the existing structure and irreplaceable trees would
othert.Tise be lost and in that the proposal was not out of character with the
existing neighborhood. The motion was seconded by Hughey and iinanimously
approved.
Agenda Item No. 5 --Oth er BusL~e ss :
The Board remarked that agenda information should be delivered by at
least the Friday preceeding a Tuesday meeting.
Agenda Item No. 6 --Adjourn:
There being no other bu s iness, the me eting was declared adjourned.
AGENDA
ZONING BOARD OF ADJ1JS'IMENT
October 17 , 1978
7 :30 p . m.
1 . Approval of the minutes of the meeting of September 19 , 1978 .
· 2 . Consideration .of a request .for a non -conforming us~ from
Peter A. Helfert at 130J Augustine Ct .
3. Other Business
4. Adjourn
. .
AGENDA
ZONING BOARD OF ADJUSTMENT
October 17, 1978
7:30 p . m.
•
1 . Approval of the minutes of the meeting of September 19, 1978 .
2 . Consideration of a reques~ for a non-.conforming use from
Peter A. Helfert at 1303 Augustine Ct .
3 . Other Business
4. Adjourn
AGENDA
ZONING BOARD OF .ADJUSTMENT
October 17 , 1978
7:30 p . m.
1. Approval of the minutes of the meeting of September 19 , 1978 .
2. Con ~ideration of a reque st for a non-conforming use from
Peter A. Helfert at 1303 Augustine Ct .
3. Other Business
4. Adjourn
AGENDA
ZONING BOARD OF ADJUS'IMENT
October 17, 1978
7 :30 p . m.
1. Approva l of the minutes of the meeting of September 19, 1978 .
2. Consideration of a request for a ·non -conforming use from
Peter A. Helfert at 1303 Augustine Ct .
3 . Other Bu siness
4. Adjourn