HomeMy WebLinkAbout86 John Painter-Jere Smith Homes 1119 Merry Oaks 11-21-78AGE NDA
ZONING BOARD OF ADJUS TMENT
Police & Municipal Court Building
November 21 , 1978
7:00 p . m.
1. Approval of the minutes of the meeting of
October 17 , 1978 .
2 . Consideration of a request for a variance from
Agency Records Control, 3001 East Bypass .
3 . Consideration of a r equest for a variance from·
Joe Cour tney . 3332 -3334 Blues t em .
4. Consideration of a reque st for a variance from
Dr . John Painter -Jere Smith Homes , 1119 Merry Oaks .
5 . Consideration of establishing a regular meeting
date and time .
6 •. Other Business
7 . Adjourn
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HINUTES
ZO:NTNG BOABJ) OF ADJUSTI1E NT
October 17 , 197 8
MnlBERS PRESENT: Acting Ch a irman Harper; Memb ers Jones,
DuBois, Hughey, Council Liaison Ringer.
STAFF PRESENT : Building Official Koehler
Ag enda Item Number 1 Approval of the .minutes of the.meeting of
September 19, 1978:
DuBois moved that the minutes be approved as presented. The
motion ~~s seconded by Jones and unanimously approved .
Agenda. Item Number 2 --Con s ideration of a request for p ermit
to modif-1" a non-conforming struc ture by Dr. Peter .Helfert at
1303 Augustine Court:
Koehler explained that the pe.rD.i.t requested was for interior modi-
· fications to a bathroom and that the ~~rk would not modify the
exterior of the structure in any way. He introduced the permit appli-
cation and his letter of Septe!!lber 25, 1978 authorizing the o wner to
proceed at his risk of Board approval. ..
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~1rs. Helfert asked .if th ere were any ~~y to ·remove the sta tus of a
non -conforming structure~
CPT. Joe McNab b spoke of disagreements itl.th the previous o~mer and
questioned the propriety of the previous permits, inspections and
construction on the site.
Hughey :moved that the p erm.i t be approved in that the construction
proposed would have no effect on the conformity or life of the struc-
ture and no public interest \..uuld be served by denial. The motion·
~ra.s seconded by Ringer an~ unanimously approved.
Agenda Item. Number 3 --Other Business:
There i.Jas no other bus iness.
Ag en da Item Number 4 --AdjoUl'n:
Ringer moved that the meeting be adjourned. The motion was seconded
by Hughey and unanimously approved.
CIT Y OF COLLEGE STATION
POST OFFICE BOX 9960 1101 TEXAS AVENU·E
COLLEGE STATION , TEXAS 77840
November 15 , 1978
MEMORANDUM
TO : Zo ning Board of Adjustment
FROM: Building Of f icial
SUBJECT: Request for Variance from A. R. C.
The City Planner ha s made studies of this case which indicate
that the number of spaces actually required would be le ss than
that called for in the ordinance . He has found that some new
spaces vdll be required , however .
The applicant states that there is no effect on the public
i nterest . This i s true as long as the surrounding area i s
undeveloped , but there is a subdivision under construction
on adjac ent property. Overflow parking on the adjoining
street would be in some measure , detrimental to these future
residents .
The Planner 's memorandum and recommendation is attached .
CITY OF COLLEGE STATION
POST OFFICE BOX 9960 11 01 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
MEMORANDUM
TO:
FROM:
RE:
Zoning Board of Adjustment
City Planner; Al Mayo
Application of ARC ..
Agency Recors Control, represented by Dr. Wallace McMath, is
proposing to build a third building on their site. Dr. McMath
does not feel they need additional parking because he says
they will not hire additional people. They intend to relocate
existing personnel. The following is a summary of our investi-
gation of the existing and proposed situation:
Existing buildings 12,188.41 square feet
24,682.23 square feet
Total 36,870.64 square feet
Existing employees' parking lot -105 spaces
Existing visitors' parking lot -29 spaces
Np apparent loading spaces provided
Ordinance 850 parking requires 1 space I 300 square feet
1 space/ 2 employees
1 loading space/ 10,000 sq. feet
36,870.64/300=123 spaces
Assume (conservatively) l person per car in employee lot only.
105/2 = 53 spaces
36,870.64/10,000 = 4 loading spaces
Total required: 176 . parking spaces, 4 loading spaces
Total provided: 134 parking spaces, 0 loading spaces
Therefore, the existing project provides 42 parking spaces less
thean required and 4 less loading spaces. This is approximately
a 24% deficiency. I would also note that on three different
inspections at various times of the day the situation is that
all but three to five spaces are occupied in the employee lot
but there are at least that many parking in unmarked areas.
the visitors' lot is usually full with no more than three to
five vacant spaces, but with ten to twelve cars additional park-
ing in unmarked spaces. I would also note that the parking
plan is very poor and some markEdspaces are not functional.
Now, the additional problem is the proposed building. The
building area is 27,587 square feet. 'Ib:is would require an
additional 69 spaces plus an unknown number for employees plus
two loading spaces. Dr. McMath does not propose any spaces now.
I understand that they do plan some in the future-.-My obser-
vation of the existing situation is that they need additional
spaces now. An additional building can only make the situation
worse without additional parking provided. One more 9oint that
should be noted , even though the use requires very little park-
ing, is that two warehouses exist a short distance behind the
main buildings on the site. These total 22 ,396 square feet .
They are presently building a third warehouse at 1 0 ,000 square
feet . There is adequate space for parking there .
Octob er 12, 1978
Dr. Wallace McMa.th
Agency Records Control
P. 0. Box 1009
Brya..r1, TX 77801
Dear Dr. McMath:
CITY O:k, COLLEGE STATION
POST OFFICE BOX 9960 11 01 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
We ara not able to issue a building permit were the site plan
do es not include enough parking spaces to satisfy the require-
ments of Section 7-C of the Zoning Ordinance.
A study by the Planning Department indicates that 111 parking
spaces and 6 loading spaces are necessary for your existing
and proposed buildings to meet the requirement of the ordinance,
and this is the minim.~ m.l!Iiber which we :-rould accept.
The c o~rect procedure in a case such as yours, where the number
of spaces is fixed r ather than 11 to be determined by the Commission",
would be to resolve the matter of the number of spaces through
app eal to the Zoning Board of Adjustment and then to obtain approval
of the Planning Comrnissio~ for the layout of any new spaces re-
quired.
If you desire to appeal t~is determination and seek a variance to
parki!?.g requirement please contact Sherry Albrecht, the Zoning
Board Secretary, by letter -within ten days of this date.
Miss J..lbrecht -will arr.ange With you to get what information the
·Boa.rd -will need to consider the case~ ·
S~;;y,#~
/ka;;/~
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Willia..rn. F. Koehler
Building Official
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??:.::>:c:e ____ 6_9_3_-_6_1_2_2 _____ Lo t ___ Blo~lc ______ S'..l.b:iiv-1.s i o n. (see attached}
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Action requ.est9d: (Appeal, lfo!lconfor::i-1"1.g Us~, Varia..1ce) Variance
.Adjo;ners notified -Hailing Dc.te --------------------------
ltHIE ADDRESS
Frc!l current tax rolls, College Station Tax Assessor
·Hal Dec~ Inc. (All~n Swaboda) . . . .
1216 Glade. College Statjpn
T. D. Letbefter · Box 2616, College Station
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1400 Turkey Creek Road, College £tation
c. E. Bertrand 120 Miller Lane. College Station
Brethren Church .of College .Station Unknown
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HEQ UE ST F OR V ARI.A!.IJ CE
. 1 d . . ,, 1 Pre s ent z on ing of an in quesL.lO!l.~i _. __ M_-___ _ (_, -;~C .·
' ,. c. L ;~ S e c t ion of' o rdinanc e f r o!a wh i c:h varian.c e i s s ought_.:·_ .. ____ 7_-_c ________ __.. _ _,
Th e follo win g s p e cific varia tion from the ordinance i s r e ques te d:_~~~
Reduction in the number of park ing spa ces and loading areas
specified in the zoning ordinance.
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This variance is necessa.ry due to the following unique and special conditions.
of the land not found in like districts: ·
The number of parking spaces calculated from Section 7-C si"gnificantl y
e x ceeds the number of parking spaces requi red ·by ARC •
. The followi___ng alternatives to t h e reque sted variance are possible : _______ _
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This varianGe will not be contrary to the public interest by virtue-of the f'ollo...,rl.n g
facts: The public is not a f fected.
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The···racts· stated by :me in this application are true and correct~-.. :-·:.'.·· .. --· ...
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.. . . .aecords tra..ri.srit t ed to the BoarJ in thi s appeal: Property Description
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NOTE: Th e action of the Building Official from which this appeal is taken i s
stayed upon the filmg of this application UNLESS the Building Oi"ficial completes
the following certificate. Th-is does not relieve the appellant of responsibility
for full co!:rpliance should t he Building Officialt s action be upheld, and any
action or construction undertaken by the appellant prior to the Boardts decision
on this appeal .is at his o~m risk.
* * * * * * * * * * * * CERTIFICATE OF TIIB BUILDING OIT ICIAL
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I hereby certify that the action ta1cen by me which is the subj3ct of this
appeal is, in my opinion, nece.ssary to prevent -imminent peril to life or
property by reason of the belo~ stated facts and that the said action shall
remain :in full force and effect pending action by the Zoning Board of Appeals or
by a court of record on · this appeal:~-----~-----~~-~----~~~
Building Off icial, City of Collega Station Date of certification
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The facts stated by me and initialed by me in. this application are true and correct~
Agency Records Control~~~
Appellant [!_ ~fl" n
T'ne facts stated by me :in this .... lication are
Building Of'ficial
October 26, 1978
Date
true and correct.
Date·
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The Zoning Board of Adjusbnent at a public meeting of.._. -------------
finds as follows: ~--~~--------~-~-~--~-~-~~---~~~-
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Ch a irperson Date .
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CITY OF COLLEGE STATION
POST -OFFICE BOX 9960 1 1 0 ·1 T EX AS AVE N U E
COLLEGE STATION, TEXAS 77840
October 25, 1978
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MEMORMIDUM
TO: Zoning Board of Ad justment
FROM: Building Official
SUBJECT: Variance, .3332-3334 Bluestem
1. The builder 1 s subcontractor inadvertantly poured a drive-
way for this duplex which is not of the required on-site park-
ing depth. We discovered this at the final inspection and also
discovered twelve other duplexes in this block with sub stantially
the same problem. The other duplexes involve thre e other builders
and have been occupied for up to two years.
2. The purchaser would prefer to leave the drive as it is for
the following rea sons :
1. The hou se is on a cul-de-sac which is unlikely ~
ever to be extended or "Widened.
2 . The parking provided "Will not require any car to
protrude to the curb line •
.3. The existing drives in the area are substantially .
the same and create no problem.
4. The lot is in a curved portion of the cul-de-sac
and the shortage is not readily discernable.
3 . The Water 'and Sewer Department does not recommend that the
City make the service re-locations that we would have to do in
order to allow the builder to re-build the drive to full com-
pliance. The Building Department does not recommend that we
attempt an after the fact adjustment of the other drive s , and
requiring full comp liance here under the circumstances appears
to serve no practical purpose .
Me morandum/Page 2
4. A sketch and map is attached . At -the r equest of the purchaser ,
I ha v e authorized occupancy without prejudice to t he Board 's deter-
mination .
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CITY O F COLLEGE STATION.
POST OFFICE BOX 9960 1101 TEXAS AVENUE
COLLEGE STATION, TEXAS 77840
October 27, 1978
Mr. Carl Nelson
Drew Mortgage Co.
707 Texas Avenue
Suite D-210
College Station, Texas
Dear Mr. Nelson,
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The duplex on lot 35, block 1, Southwood Terrace has been
inspected and found to be in compliance with the Building .
Code and local ordinances regulating building with the
sole exception that the paved driveway dimensions do not
meet the required minimum.
The builder, the o\mer and this department have referred
this :matter to the Zani.rig Board of Adjustment for -waiver
of this requirei.~ent for the reasons stated in the attached
memora..ridum.
Should the Board not grant the relief requested, the ·
remedy would be to add the required pavement to that
wich exists. The property would in either case :be in
compliance at the conclusion of the Board's action.
Sincerely,
tf.iJ,~.ef~
William F. Koehler
Building Official
WFK/rm
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IillQlJEST i'OR VARD\NCE
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Present zoning of land in que stio!l. . ...:.>.:....'-------
Section of ordinance .fro-:J. 1.ihi~h varianc e is sought.-'~_< _____________ _
The .following specific variation fro:n. the ordinance is requested: To reduc e
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off-street parking pavement depth from 20 feet to ap pro x i mately 13 feet .
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This · -raria.Iice is necessary due to the .follow:i.¥g unique and special con.dit.ions.
of' the land not .found in li'!.ce districts:
(l)' The lot is in a .circular part of a cul-de-sac .where the parked vehicles
will not encroach on the street pavement.
(2) Other drives on the street are in substantially the same condition, and
there is no discernable adverse effect on parking or traffic.
The .f~llow:ing alternatives to the requested ~iance are possible: _______ _
The drive has already been poured and landscaping completed. Re-construction
.would result in poor appearance and detrimest ': to the ' owner.::..occupant.
This varianqe 'Will not be contra..7 to the public interest by virtu~' of the :follouing
.facts: The lot is on a cul-de-sac where all utilities and pavements are in place ..
. Extensions which would require relocation of th~ parking are highly unlikely.
Changing the . drive to complete co~p~i~;~~ __;ould ·requir~ City re-location .. of
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meters. The ··drive does not riow · interfere with any City utility ·or access.·
in this application are true and correct .... ·
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Date
COMMENT:
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CITY OF COLLEGE STATION
POST OFFICE BOX 9960 11 01 TEXAS AVENUE
COLLEGE STATION, TEXAS 778 4 0
November 17, 1978
MEMORANDUM
TO: Zoning Board of Adjustment
FROM : Building Official
SUBJECT: Request for Variance at 1119 Merry Oaks
The proposed garage structure would not i nterfere with
utilities or easements . Access will not be allowed to
Car ol Street, since Carol is a collector. The applicant
i s aware that the garage and house wou ld have to be con-
nect ed .
The property to the rear is now undevel oped but vtlll
l ikely be developed as single fam ily re s idences . Most
of the houses in the subdivision observed the 25 foot
setbacks presently required. We know of two which appear
to be 20 feet from the rear l ine .
The Fire Mar shal has no objection to the proposal.
..?.ppli:::ation. D~tc --------
Re~ 1 tl by --------
? :::.:::.2 o f Ap~::..i ~:: :::il t __ D_r_._a_n_d_t_1r_s_._J_o_h_n_P_a_i _n_t _e_r-_J_e_r_e_S_m_i_t_h __ H_om_e_s __________ ~
·L~~ess -~l~ll~9::_:t~·1e~r~r~y'...-.:::O~a~k~s----=-..:..,,..--=--=-------------~----~~---
5 ft of 9
?'.:~r-~e 846-0429 Lot + 10 Blo~k 8 Suo::livisi o n. ·carter's Grove .
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Action req~ested: (Appeal, lfoncon.forr:ii~g Usa, Varia.."'1ce) _V:..:a::..:r_.i~a:.:..n:.:::c:.:::e'-----------.•
Adjo-i.,,ers notified -l1ailing Date _~_lo_v_e_m_b_e_r_9..;.,_l9_7_8_· ______________ _
lI.flJ.fE ADDRESS
FrcB current ta.~ rolls, College Station Tax Assessor
Dr. Larty B. Christensen 1113 tierry Oaks
Mr. Richard . G. Barlow 1115. t1erry Oaks
. . .
.Mr. Antho ·ny KA.:.Hin _g Kwan 1117 t1erry Oaks
Mr. Johnny /\".: Spannagel 1201 t-1erry Oa ks
Mr. John s. Denison 1203 Merry ·Oaks ,
Mr. James G. Darroch 1117 Neal Pickett ·
Mr. H. ·Cos ta Richard l l l9 Neal Pickett ___ ....:_ ______ .:.._ _________ ...;._;..._ ______ ..;.._-:-;..._----------···· ..
Mrs, Lo.is Hes ta tlull oy 1•114 Merry oa ·ks
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Mr~ Frank Duchma~clo 1116 f1errv Oaks
Tenneco. Realty Inc. P. ·O. Box 2511 Houston, T~xas
Mr. Winston T. Shearon 1118 ~1erry Oaks
Page 2 of 2 File No. __ ~-----
REQUES T FOR V ARIA.l'l"CE
Pra sent z oning of land in quest io:n~>~'---'-R~l __ _
Se ction of ordinance fro!n whi ch var ianc e is sought \ SB District R-1, Table A
Th e followi-.ng specific varia t ion fro:n the ordinance i s requested: ___ _
A variance to allow the construction of a permanent carport and workshop within
the twenty-five foot set back at the rear of the riroperty. More specificH ly
to allow me to const~uct said carport ten feet from the rear parpertv line.·
This variance is necessary due to the following unique and special conditions .
of' the land not found in like districts:
Original garage was turned into den by the original · owners. nresent owner' would
like to construct this addition to provide all weather protection for their vehicles
arid bring their property more in line with the surrounding property. In addition
several surrounding properties have detached garages closer than twen t y-five
feet to the rear property line . _
_ The following alternatives to the reque sted ~lance are possible: ______ _
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None-Based on the present location of the ho11se constrnction of the c a rport ·
could not be done maintaining the twenty-five foot rear set back requirement.
This varianGe -will not b e con tr2ry to the public interest by virtu e~ of the f ollowi..,.ng
facts: It will improve the value of the s ubject property _by making ·it more .
comparable with the surro~nding properties. Aiso as stated before several of
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the adja.cent prope·rti'es have garciges closer ·.than tv1enty-ffve "feet · to 't h~ ·r-ea"r . :.~·.·:· .
property 1 i ne _. . · ... . .. ; .
Rt.·-vrnw AND COMMENT:
REVIEW AND crn:;t .JEN T: Fire Marshal
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The Zoning Board of Adjustment has examined the facts presented herei.11 and ·
reflected in t~e 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 HOT) exist as stated
herein.and as reflected in the minutes of the Boardts proceedings and the -variance
as requested herein (IS / IS NOT) approved subject to the following terms and
conditions: ·
Chairperson, Zoning Boa.rd of .Adjustment Date Filed
NOTE: Any .person or persons or a..""ly tax;:iayer or any officer, department, board,
commission or co!!!Illittee of the City, jointly or severalJ.y, aggrieved by any
decision of the Board of Adjustment, may present to a court of record a petition,
verified, setting forth that Stich decision is illegal, :i:rl whole or in pa.rt,
specifying the grounds of the ilJ.egality.. Such petition shall be presented to the
court 'Within ten ( 10) days after the filing of the decision in the office of the .
Board. .... · ... '\:.
•rtecords transmitted to +,he Board in thi s appeal:~~~~~~~~~~~~~~~~
NOTE: Th e action of the Building Official from which this appeal is taken i s
s·tayed up on the filing of this application UNLESS the Building Off:i.cial completes
the follo w:ing certificate. This does not relieve the appellant of responsibility
for full compliance should the Building Official 1 s action be uph eld, and any
action or construction underta...~e,_~ by the appellant prior to the Board ts decision
on this appe al is at his o~m risk.
* * * * * * * * * * * * CERTIFICATE OF THE BUILDING OFFICIAL
I hereby certify that the action taken by me which is the subject of this
appeal is, in my opinion, nece.s sary to prevent ·iniminent peril to life or
property by reason of the b elow stated facts and that the said action shall
remain :in full force and effect pending action by the Zoning Board of Appeals or
by a court of record on this appeal:~~~~~~~~~~~~~~~~~~~~~~
Building Official, City of Collega Station Date of certification
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The facts stated by me and initialed by me in this application are true and correct.
Appellant Date
The· facts stated by me in this application are true and correct.
Building Official Date·
The Zoning Board of Adjustment at a public meeting of~~~~~~~~~~~~~-
Cha irperson Date
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