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HomeMy WebLinkAbout1 ZBA Russell Hanna Sept 20, 1983 Subst Non Conf Use/ t '- ZBJ'>. Minutes 9-20-83 page 2 AGENDA ITEM NO. 3: Consideration of a request to substitute one nonconforming use for anoth e r as per Section ll-B3(a) of the Zoning Ordinance; specifically to remove an exist- ing barn and construct a new barn on Lot 14 of the Sandstone Subdivision. App1ication is in the name of Russell & Kim Hanna. Mrs. Kee explained the request and referred to an aerial photo. She gave the history of annexation, the building and subsequent rezoning to R-1 Single Family Residential, which resulted in the barn becoming a nonconforming building. Kim & Russell Hanna, 1700 Austin came forward and were sworn in. They added that their lot is a 2 acre lot, and stated that Mrs. Kee had given a complete background for the request. Hr. MacGilvray asked if the deed restrictions would allow horses, and wondered if granting this variance would caus e problems in the future. Discussion followed concerning the question of whether or not the City took in this land while recognizing the deed restrictions. Mr. Upham stated that he thinks this property is unique in that the only justification for Single Family zoning wo uld be for the purpose of taking in an entire area, and he believes that the pro- perty was given a zoning which is not compatible with the intent of the land use. Mrs. Kee stated that the purpose of R-1 zoning is for single family homes and A-0 zoning would restrict lot size to a 5 acre minimum. She further stated that when the City annexes an area, it would not break existing cont~acts, nor cause nonconforming structures to be torn down. Mr. Upham said this land was platted, zoned and developed for a specific · purpose, the deed restrictions would cover allowances for animals and the City should not change th e character of this approximately 90 acres; therefore, this is a special and uniqu e situation. After discussion, Mr. MacGilvray made a motion to authorize the sub- st itution of one nonconforming use for another because the extent of the substituted use is less detrimental to the environment than the first. Mr. Wagner seconded the motion which carried unanimously (5-0). AGENDA ITEM NO. 4: Other Business Ther e was none. Mr. We ndt made a motion to adjourn with Mr. Upham seconding. Motion carried unanimously (5-0). APPROVED: Chairman, Vi Cook APPROVED: City Secretary, Dian Jones MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: AGENDA ITEM NO. l: MINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment September 20, 1983 7:00 P.M. Chairman Cook, Members Wendt, Wagner, MacGilvray & Upham (Alternate Member McGuirk in audience) Alternate Member Meyer Zoning Offic i al Kee, Ass 1 t Zoning Official Dupies & Planning Technician Volk Approval of Minutes -meeting of August 16, 1983 Mr. Upham made a motion to approve the minutes with Mr. Wagner seconding. Motion carried 4-0-l (MacGilvray abstained). Chairman Cook then opened the public hearing and explained the duties and obligations of this Board. ~ AGENDA ITEM NO. 2: Consideration of a request for variance to the rear setback require- ments (Table A, Zoning Ordinance No. 850) to allow construction of a garage at the resi- dence at 8700 Greenleaf (Lot 24 Block 2 Emerald Forest Phase IV.) Application is in the name of Mr. & Mrs. Frank H. Cinek. Mrs. Kee explained the background which led to this request, referring to the Staff Report which is included in the packe t s, Allen Swoboda came forward to represent the applicant and was sworn in. Mr. Upham pointed out that the Board normally does not take action unless the applicant is presen t in person, but the Board decided to make an exception in this case, as Mr. Swoboda is the developer of the subdivision in which this home is located. Mr. Swoboda explained that the proposed location of the garage has been chosen in order to save the trees on t he lot and to maintain a backyard of acceptable size. Mr. Wendt asked Mrs. Kee's opinion regard~ng th1s Yequest, and she explained that she has difficulty identifying any hardship o~ any ~pepial conditions which would allow for this variance, in that the applican t knew at the time he requested a building permit that there would be a problem in locating a two-car garage. She did, however, point out that separa- tions between the buildings would present no problem if this is granted, and identified front, side and rear setbacks. Mr. Upham stated that he believes the Board is being asked to do two things: (l)to overlook a surveyor's scaling error, and (2)to bail the owner and builder out of inadequate planning; and that he needs to be convinced that these problems warrant a variance. Mr. Swoboda said that the location chosen would help pre- serve the looks of the neighbo r hood, and locating the garage up against the house would not look as good. Mrs. Cook pointed out that alternatives are available: (l)to do without this garage, or (2)to take out the trees. Mr. Wagner said that in all fairness the trees in question are not very large, and could be replaced at other locations. He went on to say that he believes this house is too big for the lot, and that he agrees with Mr. Upham in that there are no unique or special conditions, drainage problems, etc. which would warrant a variance in this i nstance. Mr. MacGilvray then made a motion to deny a variance to the minimum setback (Tab le A) from the terms of this ordinance as it will be contrary to the public interest, due to the lack .of unique and special conditions of the land not normally found in 1 ike districts and because a strict enforcement of the provisions of ( the Ordinance would not result in unnecessary hardship to this applicant, and such that the ....__ spirit of this Ordinance shal 1 be observed and substantial justice done. Motion was second- ed by Jack Upham and carried unanimously (5-0), (. ·.f ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVE MOT IO NS Non -Conforming Structures -From Section 11-B.3 I move to authorize the a . b. c . subst itution of one non-conforming use for another because ------the extent of the s ubs t itut ed use isfless detr~menta l to the env iron ment than the fir s t; enla r geme nt of a bu ildin g or use devoted to a non-confor ~ing ------use whe r e such exte n sion or e nl argement i s ne c essary and incid e nt al to the ex istin g use and does not increas e the area of the building devoted to a non-c o nfo rming u se more than 25 8 and ~oes not prolong the 1 i fe of the non-conforming use or prevent a return of such property to a conforming use; ______ reconstruction of a non -conforming str u cture on t _he lot occupied by such str uctur e as th e cost of reco n str ucti on is l ess than 60 % of the appra i se d value of the struct u re and because the r econstr uc t i on wo ul d not prevent the return of such prop e rt y to a conforming use or increase the non-conformity. This motion Seconded by The request by the fol lowing vot e (}-('.) c-C.;_ ~: Ch a ir Signature STAFF REPORT TO: Zoning Board of Adjustment DATE: September 13, 1983 FROM: Jane R. Kee, Zoning Official GENERAL INFORMATION: Applicant: Mr. & Mrs. Russell Hanna Status of Applicant: Owner Location: Lot 14 Sandstone Existing Zoning: R-1 Single Family (rezoned from A-0 in July 1979) Requested Action: Substitution of one nonconforming use for another Purpose: To remove existing barn and construct a new, larger barn Applicable Ordinance Section: 4-C. 1 and 11-B.3 (a) SPECIAL INFORMATION: Setbacks Required: N/A Adjacent Structures: N/A Existing Parking: N/A~~ Parking Required: N/A Variance Utilities: Electric along rear of property, waterline and Fire Hydrant available on Sandstone . Use Permit Existing Use: Barn Parking Required: N/A Proposed Use: Barn Parking Required: N/A Area of Non-Conforming Building: N/A Area of Expansion: N/A Greater than 25 %: N/A Appraised Value: N/A Cost of Reconstruction: N/A PHYSICAL CHARACTERISTICS: Lot Dimensions: 1 .92 acres -see plat Access: Dirt Drive from Sandstone Topography: Existing Vegetation: Heavy vegetation Staff Report (continued) page 2 Date: 9-13-83 Flood Plain: N/A ANALYSIS: Alternatives: Utilize existing barn which will not continue to really serve applicants' purpose. Hardship: Property was annexed In September 1977 as A-0 which allows a barn. Barn was constructed February 1979 while property still zoned A-0. Property rezoned R-1 July 1979. Now applicant wants to improve facilities. Previous Action on this Property: None ATTACHMENTS: Application with letter from applicant List of Property Owners within 200 ·ft. Site plan, elevation,floor plan Other: Plat, deed restrictions, letter from property owners Area Map ' .. ZOi\ me BO.ARD OF ADJUSH!ENT FILE NO. Name of Applicant Russell and Kim Hanna Mailing Address 1700 Austin Ave., College Station, Texas 77840 Pho n e 693-0578 Home; 846-8788 (Office-wife) Loc a tion: . Lot 14 Block Subdivision Sandstone ------- De s c ription, If applicable ---------------------------- . .;.:;. :-·. Ac tion requested:. the substitution for a nonconforming use of another nonconforming use · NAHE ADDRESS (From current: tax rolls, College Station Tax Assessor) . :: See attached list from tax rolls from College Station Ta x Assessor and paid receipt zm:rnG BOARD OF AD .I:.JST:·!r'.NT FILE NO. The following specific .v2ria tion from the ordina 'l.ce is requested: Ear the· ex; stj ng bp.rn (Hay,stall & tack room) to be removed and replaced with a more functional, aSthestically pleasing and more costly barn which will enhanc~ the property val11e and the overall plan for the construction of our primary residence. It will be relocated in close prm<ifflity to the existing barn but plac9d strate.g...ic-Olly better and has been approved by al 1 present homeowners who might have visual evidence of it 'so as not to obstruct their right of enjoyment of their O'A'n property (SEE ATTACHED I ETIER QE APPROVAi FROM PROPERTY mmERS) (SEE SIGNED APPROVAL FROM THE ARCHITECTUgAL CONTROL COMMITTEE ON SITE PLAN) ACTJON This mlJ::X~~~~ is necessary due to the following uniqt!e and special conditions of th e l a nd not found in like districts: l]The deed restrictions of Sandstone (attached) allow for horses "provided that none are kept, bred, or maintained for commercial -purposes and such are controlled'· with respect to the r .1ghts .and privacy of other owners. (Ev1denced by Letter of Appr·uval) 2) The size of the lot (1 .94 acres)leNcls itself adequately for a homesite and limited 4ive- . stock. 3) There presently exists 3 families who own property in Sandstone who have horses a~d ? of these fam111es have Mrns acttllely used for 1 in_stod. Action Th e following alternatives to the requeste<lX~~XXXM~~ are possible: The present barn does not lend itself to remodeling or expansion in such a way that would be purposeful or · attractive. We need a dry, warm enclo s ed structure with electricity to enable our daughter to continue showing her horse during the winter months. . t Action This ~d(~ will not be contrary to the public i'!'lterest by virtue of the follot:"ing f .;,c t ~: Al .l the ho11Hrn.~s and the majority of property owners within 200 1 of lot 14 l } where knowledgeable of the lands past use; 2) have not foand us a nuisance or objectionable 3 } are knowledgeable of the proposed plan and 4} have approved the plan as well as the Architectural Controll Committee approving the same plan . T he u-1e i n this .:i.pplica ti on .:i. r e :: re ~ a:-id corr e ct. ---September 7. 1983 Da tc · ... TO THE ZONING BOARD OF ADJUSTMENT : It is our request that we be granted a building pennit to construct a new barn on our property in the Sandstone Subdivision inorder to replace the barn that presently exists on the lot . We have been actively using the existing structure for the past 4 years. It is our ultimate goal to build our primary residence there. We presently own a home in Southwood Valley and have lived there for the past 8 years. HISTORY OF PROPERTY: 1) September 1977 -property was annexed into the city limits of College Statation and was zonedAgritulturalOpen (AO) at that time . 2) June 1978 -property was purchased and closed on by us, Russell and Kim Hanna. 3) February 1979 -the existing barn was erected under Ordanice 5-A .2 Permitted Uses 11 A barn, stable for keeping private animal stock 11 • 4) July 1979 the property was re -zoned to R-1. We have submitted the various documents : I. a. Site plans of lot showing location of existing barn , proposed barn, proposed primary residence and present easements b. Architectural renderings show i ng floor plans and exterior e l evations for the proposed barn with its : 1. location of all plumbing and electrical fixtures .1.and outlets 2. estimated cost of construction ($3,200) 3. materials intended to be used in construction II . Signed Approval from the Architectural Control Committee on Site plan (Having reviewed the same information described above} III . Signed Letter of Approval from all homeowners and the majority of property owners within 200' of lot 14 . IV . Copy of the platt and deed restrictions permitting horses to be allowed . Ou r 11 year old daughter isa member of the local Brazos County Equestrian Club and we have found this to be a most rewarding family experience . We are ready to up-date our facilities in cost and planning for the future for the construction of our residence . We have spent several thousand dollars last year with Mr. Don Hill, AIA, College Station, in the development of plans, blueprints and specifications which !ane available for your review if requested . We have been forced to post -pone the construction of our new home due to the present high interest rates. We appreciate your consideration and approval of our request . Sincerely, .~~.~ Russell and Kim Hanna 1700 Austin Ave. College Station, Texas 77840 ORDINANCE NO. 850 Zoning Ordinance SECTION 4. NONCONFORMING USES: 4-C.l When authorized by the Board of Adjustment in accordance with the prov1s1ons of Section 11, the substitution for a nonconforming use of another nonconforming use, or an extension of a nonconforming use, may be made; 11-B.3 · To hear and decide requests for Use Permits for: (a) The substitution of one nontonforming use for another nonconforming use when the substituted use is found to be less detrimental to the eviron- ment than the first. LT 15 Sandstone Hubbell, Lawrence H. 8619 Rosewood College Station, Texas 77840 LT lOR Sandstone Tony Jones Construction P.O. Drawer AT College Station, Texas 77840 LT 11 Sandstone Brewster, Joseph 9000 Sandstone College Station, Texas 77840 LT 12 Sandstone Albanese, Robert 9004 Sandstone College Station, Texas 77840 LT 13 Sandstone Calahan, Arthur P. 2914 Normand Drive College Station, Texas 77840 18. 45 Acres Sandy Ridge Fletcher, Leroy 9007 Sandstone College Station, Texas 77840 • MITTEE OF THE ARCHITECTURAL COM APPROVEDEB~UBDIV IS ION Sl\NDSTON ... -'.-·-~--: : ~~ ~.) ~ LOT \3 .... ·,. ..~--... \ \ &JU~. (">') Zoll J!)v!lr' (2) 5p,,r e I ::>O .2.flL_:.!.:. MATERIALS: p--- ..,.1 ' ,·oc- ,, .... Walls rough ce dar sheat hing 2x4x 8 wood s tuds Roof 90G corgated ::.•',. All walls are anchored in concrete "'1 3 ' •:(((1' u -------...P:· 'lSfit7.JC IN Sir.•/ .µ '!''•.'· -~.,,.,- i,J</' J,'1 /• 10 ' X I Z ' , • .I( z · llEt.'r ;., I !" sn,J.: I ; I . -:.·..-r;,,/ b-,., . --J... 3'X :=' uJ11..iC ,.u1 \ I I I '' .. E . ~ 1-;J -':~) -.:.?) ;':] I I-.!.. r "'"·.} .... ._ I I LO T 19 !=> 69 .C.(rtl __ ,., ... ·~··~ LOT ZO !<li 41 Aer .. LI =-=-==='-"-----.,, .... ~,-,,,· •H'O••t"( U..0 11~( : .:;.~~_:::::::;;=::::·,:,._·. ,; -dzx£"k--. ;....,'"""·· ,,., ••• ~ 'I "'" ,.,_.,, •. , '· ·' ..-c ••lll. ·-~O'o'(· l-.J~~ ··--· ' . \ \ \ .,;;::;:-, .,., . 13 -''.::·; •"·"':"."'"' TONY JONES CONSTRUCT ION COMPANY, I NC. and W. A. McKEAN TO THE PUBLIC FI t.: ED AlL.~O'cl9cL2_M F : ; ~ ;) 3 I C•. : COUNTY Of BRAZOS I RES TR I CT IONS 80.38 ACRES , MOR GAN REC TOR LEAGUE , BRAZOS COUNTY, TEXAS That, TONY JONES CONSTRUCTION COMPANY, INC. and W. A . McKEAN , being the owners of that certain 80 .38 acre tract of l and in th e· -Morgan Recto r League , said tra ct consisting of a 30 .46 acre tract described on Exhibit A attached hereto and a 49.92 acre tract described on Exhibit B att ached hereto, both of such being incorporated herein for a ll purpo se s . That tract containing 49 .92 acres shall be designated and plat ted as the SANDSTONE SUBDIVISION. The owners hereby elect to carry out a unifo rm plan for the development of the her ein desc ri bed 80.38 acre tract and do adopt and establish the following reservations, restrictions , covenants and easements which shall app l y uniformly to all of such property . The u se of th e term "lot" herei n shall also app ly to an be indicati ve of any tract remaining unplatted into lots. · LAND USE AND BUILDI~G TYPE No lot shall be used for any purpose except for residen- tial purposes un le ss prior specific written approval from the Architectural Contro l Committee is first obtained. No building shall be erected, alte r ed , placed or permitted to remain on any lot oth e r t han one detached single family dwe lling not to exceed two s tories in height and a private garage or carport or other s truc t ure which supplements the residence, and th e use of which is compa tible to the residence, such as fences, walls , pools , terraces , and similar l andscaping feat ures. ARCHITECTURAL CONTROL No bu ilding or other i mprovements shall be erected , placed or altered on any lot until the construction plans and specifications and a plan showing the l ocation of the structure or improvem ents have been approved by the Architectural Control Committee a s to use , quality of workmanship and mate rial s , color of b ri ck , harmony of externa l design with existing structures , and as to l ocat ion with respect to topography and f inish grade elevation . The Architectural Control Committee is composed of three members whose names are: TONY JONES SANDY JONES \'/. A. McKEAN A majori ty of the Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee , the remainin g members sha ll have ful l authority to desig nate a successor . Neither the membe r s of the Committ ee n or its Tepresentative shal l be entitled to any co mpe nsatio n fo r servi ces performed pursuant to this coven ant . The heiein g r an ted powers and duties of the Architectural Control Committee shall cease and terminat e twenty-five (25) years after INC. and II'. A . McKEAN RESTIUCTIONS CON;f INUED : the date of this instr umen t, a n d ap p roval required by tl1 is parag r aph shall not be require d un l ess , prior to said date and e f fect i ve th e re o n, th e t h en record owners of a majority o f the l ots subject her e t o sh a ll e xecute and fi l e for record an instrumen t appointing a repr es e11 t ati v e or represe·n tatives , 1Vho shall therea f ter exercise th e s a me po1Vers and duties granted herein to th e Arc h i t ectural Co n tro l Commi ttee . The Comm i ttee 's approval or disapp r oval as required h e rein , shall be ii:. wri t ing. If the Committee, or it s tie s i g no. t e d rep re se n t at iv e fa i 1 s to g iv e 1H it te n a ppr ova 1 or di s;.i p p r o va 1 1vi th in thirty ( 30) days after p Lrn s a nd specifications have been s u bm itted to i t, or in any event , i f no sui t t o enjoin improv em ents h as be e n b 1·ought , ap p roval wil l not be r e qu ired and the related cove n ;:ints s h a ll b e deemed to have bee n f u l ly satisfied. The deviations in build i ng area and loca ti o n in inst:l!lces where , its ju dgme n t , such deviat i o n IVill res ul t in a mor<: commonly benef i cial u se . Such approval mus t be g r anted in writing and whe11 given wi l l become a part of these r estrictions. DWEL LI NG S I ZE AND CONSTRUCTION 'fh e heated a r ea o f eac h ma i n residential s tructur e , exclusive of open or s cr eened po r ches , open t erraces , and garages , shall not be le s s tha n 1,600 square feet , a n d a minim um o f l,SOO square feet of heated area on the ground f l oor for a on e and one-half or two story res i den t ia l st r ucture ; BUILD I NG LOCATION No building o r fence sha ll be l ocated on a ny l o t nearer to the front lo t line than SO feet n or nearer to the s i de l ot line th a n ZS f e e t nor nearer t o the rear lo t line tha n ZS feet. LOT AREA AND WI DTH No lot nor lots wi t hin the addition may be r esubdivided or in a ny way r e duce d in size wi t hout written permiss i on of the Architectu ra l Co nt ro l Committee. NUISANCES No noxious o r o ffensive activity shall be pe r mi tted upon an y lot , n o r sha ll anything be done thereon which may be o r bec om e an y an noyance or nuisance to the neighborhoo d . TEMPORARY STRUCTURES No stru c tu r e o f a te mpor a r y cha r a ct er , tr a iler, basemen t, mobile home , tent , sha c k , gar age , bar n o r oth e r outb ui l din gs s hall be used on any lo t at an y time as a r es i dence e i th e r t empora r ily or pe r manently . S IG NS No sign s o f any kind s h a ll be d isplayed to the .pu b lic view on any lot ex c e pt one si g n of no t mo r e th an five squar e feet advertising t he property for s al e or re nt, or signs u se d by a bui l der to adver tise th e property du r i n g ~h e coh s truct io n a nd sa l es period . OIL AN D MINI NG OP ERA T IONS No oil dr i lli ng , oil development o p e r ations , o il r efi nin g , q uarryin g o r mi ning operations of any .kind shall be pe r mi tted u pon or in an y l ot . TONY JONES CONSTRUCTION COMPANY , INC. and W. A. McKEAN RESTRICTIONS CONT I NUED : LIVESTOCK AND POULTRY No ani ma ls , livestock or poultry of any kind shall b e ra i sed , bred or kept on any lot, except that hor se s , cow s or s heep ,may be kep t provided that no more th a n one an imal may be kept for each one ac re of land owned. Further, a maximum ' of two dogs and two cats (or similar hou sehold pet s) may be kept by eac h owner . provided that non e are kept , bred or maintained fo r co1nme r c ial purp oses and such are controll ed with r es pect to the rights and p rivacy of other own ers . GARB AGE AND REFUSE . DISPOSAL No lot sh all be used or maintained as a d umping ground fo r rubbish . Trash , ga rb age and oth e r was te shall not be kept excep t in sanitary cont a iners . 'All equipme nt for sto rage or di s pos al of su ch ma terial sha ll be kept in a clean and sanitary cond ition. 1'/ATER SUPP LY & SE\~AGE DISP OSAL No water well shal l be constructed or used on any l ot , but each lot owner mus t use the water pro vi ded by Sta t e , Coun ty , ~unic~p al o r othe1 government authorities . Each owner must c on stru ct and use a sep ti c system which comp li es with al l appl icabl e governme ntal regulat i ons as to construction and h eal th -safety stand ards. TERMS These cove nants an d restrictions arc to run wi th the l and and sha ll be b inding on all owner s , and a ll persons claiming un d er them for tw en ty-five (25) years , after whi c h time said co ve nants and r estr ic t i ons sha ll be aut omatica ll y extend ed for su c cessive periods of ten (1 0) years unl ess an instrume nt si gned by a majo r ity of the then own e rs of th e lot s if fil ed fo r recor d in Brazos County , Tex as, altering, rescin ding or mo difying said cove nants and restr iction s in whole or in part . RIGHTS OF MORTGAGEES Any violation of any of th ese casements , ag re em ents , re s tr icti ons , re ser vations , or co venants contained herein shall not have the effect of impairing or affecting th e r ight of any mor t gage e , guaranto r, or tru s t ee under a ny mo rt gage or deed of trust outstanding ag ainst the l ot, at th e time th a t the easeme nt s , agre ements , restr ic ti ons, r eservations or covenants a r e violated . ENFORCEMENT The co v en ant s , res e rvations , ease men t s and r es trictions se out herein are for the be nefit of t he undersigned , their h ei rs , succes sors , and assigns , and equally fo r t he benef it of any subsequ ent owner of any lo t or l ots and hi s heirs , executo rs, ad min istr ators a nd a ss igns . SEVERAD ILI TY The inv a lidity , abandonmen t or waiv e r of any one of t hes e cov e nants, re servations , easeme nt s a nd restri c tion shall in no wise affect o r i1npair the other c ovenants , re se rvations , easem ents and restric t ions which shal l re main in full fo rce a n ,[ e f £ e c t . I i I ! TO NY JONES CONSTIW CTION COl·IP ANY , INC: an<l Iv. A. ~le KEAN TO THE PUBLIC THE STATE OF TEXAS : CO UNTY OF 13RAZ~rilA Rei corded ~ / 2 _ /J \'IHEREJ\S , on Feb ruary 24, 1978 , AMENDMENT TO RESTRICTIONS FOR SANDSTONE AD DITI ON P0 .38 ACRES , MORGA N RECTOR LEAGUE , BRAZO S COUNTY , TEXAS APR l 4 1978 COMPANY , INC. and 11'. A. McKEAN f iled in Volume 391 , Page 586 , Deed Re cords cf Brazos Coun ty , Texas, restrictions as to that certain 3 0 . 4 6 a c r c tract descri bed o.n Ex hi bi t "A" a t tac he d here to and that ce rtain 49 .92 acre trac t described on Ex hibit "Il " a ttached h e re to ; and WHEREAS , TON Y JONES CONSTRUCTION COMPANY , IN C . and 11'. A. McKEAN , the sole owners, are no w desir ous of amending s uch res trictions; the same a r e hereby amended in the fo llowi n g particular : The words "or fence " are h ereby de l eted f rom the para- gra ph captioned BU ILD ING LOCATION a nd the same sh a ll now read " No b u [Jding <:haJl b~ :!.ac:ited on :.ny lot n earer to the fro1 1t lot line than 50 feet nor n eare r to the side l o t line th an 25 fee t nor nearer t o the re a r lot l ine than 25 feet." This ame nd me nt sh a l l in no wise a f fect any other p rovision in s uch restr i c ti o n s , the sa me t o remain in full force a n d effect. WITNESS OUR HANDS thi s 13th day of April , 1978 : ATTEST: TYl ""O Cl"" G1a Vol ~22JJ_ Pa'?e __ GD 1 I NC.; I --·--·----,) ) LETTER OF APPROVAL I, a proper t y owner of a lot in Sandstone Subdivision within 200 feet of lot 14, am aware th at t here is not at this time a primary residence on tha t lot. I .hav e : 1. reviewed the site plan of the lot showing location of existing barn, proposed barn, proposed primary residence and present easements. 2. reviewed the architectural renderings showing floor plans and exterior elevations for the proposed barn along with its 3. location of all plumbing and electrical fi xtures and outlets and 4. materials intended to be used in construction. I have found the past use of the property to have not been of any nusiance and give my approval for this plan . Date: Lot #: ~ !fl? /).-.1 9/4/83 IS- :s-/ J7 3 ' ' {OK.. •·· ~'I ! . '. ,~-- I I I • 1 : . I 1 , ! . ('-_IT_E_M_N_O_. __ ) ( CASE NO . ) ( SCALE: 1 ":600' ) TYPE OF CASE: Subst.Non-Conf .Use City of College Station POST OFFICE BOX 9960 I JO I TEXAS AVENUE COLLEGE STATION, TEXAS 77840 September 12, 1983 TO WHOM IT MAY CONCERN: The Zoning Board of Adjustment for the City of College Station will consider a request in the name of: Russell and Kim Hanna 1700 Austin Avenue College Station, Texas 77840 Request will be heard by the Board at their regular meeting in the Council Room, College Station City Hall, 1101 Texas Avenue on Tuesday, September 20, 1983 at 7:00 P.H. The nature of the case is as follows: The applicant is requesting to be allowed to substitute one noncon- forming use for another as per Section 11-B 3 (a) of the Zoning Ordinance; specifically to remove an exrsting barn and construct a new barn on Lot 14 of the Sandstone Addition Subdivision. Further information fs available at the office of the Zoning Official of the City of College Station (409)696-8868, Jane R. Kee Zoning Official sjv LEGAL NOTICE DATE TO BE PUBLISHED: BILL TO: THE CITY OF COLLEGE STATION P. 0. BOX 9960 COLLEGE STATION, TX 77840 The Zoning Board of Adjustment for the City of College Station has received an application to consider a request in the name of: Russell and Kim Hanna 1700 Austin Avenue College Station, Texas 7784~ Request 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, September 20, 1983. The nature of the case is as follows: The applicant is requesting to be allowed to substitute one nonconforming use for another as per Section ll-B3(a) of the Zoning Ordinance; specifically to remove an existrng barn and construct a ne w barn on Lot 14 of the Sandstone Addition Subdivision, Further information is available at the office of the Zoning Official of the City of College Station (409)696-8868. Jane Kee Zoning Offictal I I I I I ['-_l_T_E M_N_O_. -~) ( CASE NO. )( SC A LE: 1 " : 8 0 0 ' ) TYPE OF CASE: Subst.Non-Conf .Use ..