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Home My WebLink About2 ZBA Frank Cinek Sept 20 1983 Var Rear Setback/ ZO::\IriG BOARD OF ADJUSnrENT FILE NO. v)J5~ J Name of Applicant Mr. & Mrs. Frank H. Cinek ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Mailing Address 8700 Greenleaf, College Station , TX 77840 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Phone Loc a tion: Lot 24 Block 2 Subdivisio n Phase IV Emerald Forest .r, Action requested: Allow building garage beyond rear set-back. NAHE ADDRESS (From current tax rolls, College St a tion Tax Assessor) zmHNG BOARD OF AD.IUST?·!EN T FILE NO. Present zon i~g of land in ques tion R-1 ~~---'--~~~~~~~~~~~~~~~---..,~~~~~~ 6 G-2 Section of ordinance from ~hich variance i s so ug~t ~~~~~~~~~~~~~~~~~ The following specific variation from the ordinance is requested: Request right to build part of garage within back set-back requirement of R-1 zone. This variance is necessary due to the following unique ancl special conditions of the ~and not found in like districts: ,.. Plot plan drawfi by surveyor was mistakenly drawn to wrong scale. Location of completed home does not allow for garage to be built where initially intended without incrouchment into building set- back. Th e following alternatives to the requeste d vari3nce are possible; Garage could be built up against back deck but this would require the removal of 7 or 8 trees, 3 of which are over 14 inches in diameter. This placement would also take up most of the back yard and destroy the view from the house. ' This variance will not be contrary to the public interest by virtue of the following fact~: The proposed lo cation of the garage would still leave a distance of about 25 feet to the neighbors garage. Allowing the proposed location of the garage would also save 7 or 8 trees since no trees would have to .be removed. ~s application <i:1d correct. F-yp-R Date ZONING BOARD OF ADJUS TMENT FOR MA T FOR NEGAT I VE MOTIONS Variances: From Section 11-B.5 I move to deny a variance to the ya rd (6-G) ------ l o t w idth (Tab l e A) ------ lo~ depth (Table A) ------ s ign regulations (Section 8) ------ ~ minimum setback (Table A) parking requirements (S e ct ion 7) ------· from the t e r ms of this ordinance as it will be contrar y to the public interest, due to th e lack of un i que and special conditions of the iand not normally found in li ke districts: ,..- 1. ---------------------------------------- 2. ---------------------------------------- 3. ---------------------------------------- 4. and because a st ri ct enforcement of the prov1 s 1on s of the Or dinance wo uld no t result in unnecessary hardship to this applicant, and suc h that the spi ri t of this Ordi nance shal 1 be observed and substantial justice don e . it ) This motion was mad e by Second e d by ._j. Q._~-~ (he_.,~iance was denied by f/L~ f!A~ Chair Sign at ure -0 Da tE? / K CINEK I --l I I I/ I [~_l_TE_M_NO_. __ ]( CASE NO. ) ( SC Al E: 1 "": 8 0 0" ) TYPE OF CASE: Variance To Rear Setback - STAFF REPORT TO: Zoning Board of Adjustment DATE: September 13, 1983 FROM: Jane R. Kee, Zoning Official GENERAL INFORMATION: Applicant: Mr. & Mrs. Frank H. Cinek Status of Applicant: Owner Location: Lot 24, Block 2 Emerald Forest Phase IV (8700 Greenleaf) Existing Zoning: R-1 Single Family Requested Action: Variance to rear setback Purpose: To construct a garage up to 15 ft. from the rear property line. Applicable Ordinance Section: Table A -District Use Schedule SPECIAL INFORMATION: Variance Setbacks Required: Rear -25 ft. Adjacent Structures: Existing adjacent garage approximately 10 ft. from property line; adjacent house approximately 15 ft. from property 1 ine. Existing Parking: N/A Parking Required: N/A .-, . Utilities: 10 ft. utility easement alo~g rear. PHYSICAL CHARACTERISTICS: Lot Dimensions: See site plan Access: From Bent Tree Drive Existing Vegetation: Few large trees in rear Flood Plain: N/A ANALYSIS: Alternatives: Lose some existing trees and take up a larger portion of the backyard or propose one car garage. Hardship: The approved site plan was for a Tilson home .. Because Tilson does not involve themselves in constructing driveways the City permitted the house with the note that the driveway had to be in prior to the C.O. If the applicant wanted a garage a permit would have to be applied for and the driveway could be shown as a part of that permit. If there was to be STAFF REPORT page 2 9-13-83 no garage then a driveway permit would have to be applied for. As the site plan was approved and as the house is located on the lot there is 4o ft, from the rear of the house to the rear property line-which would allow a single car garage or a garage approximately 15 ft. wide unless some trees are removed. If trees are removed -_ and more-at the backyard is taken l.!P__a two-car garage could probably fit within the setbacks. Apparently the mistake referred to in the application involves a measurement tha! was dimensioned correctly (40.18 -see building permit site plan) but does not scale correctly. All other dimensions are correct to scale. I always use dimensions to check plans because scaling on Xerox copies is not accurate. According to the dimensions the house fi!s on the lot and it does in reality. Apparently the lot is just not large enough to accommodate this size house, a .two .car -gara~ and the size backyard with existing trees that the appli- cant desires to keep, Previous Action on this property: None ATTACHMENTS : Application List of Property Owners within 200 ft, 2 Site Plans Area Map :j . ,,. . . . 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.H. Chairman Cook, Members Wendt~ Wagner, MacGilvray & Upham (Alternate Member McGuirk in audience) Alternate Member ~eyer Zoning Official 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 (MacG i l vray abstained). Chairman Cook then opened the public hearing and explained the duties and obligations of this Board, / AGENDA ITEM NO. 2: Consideration of a re uest for variance to the rear setback re uire- ments Table A, Zoning Ordinance No. 850 to allow construction of a ara eat the resi~ dence at 700 Greenleaf Lot 2 Block 2 Emerald Forest Phase IV. Application is in the name of Mr. & Mrs. Frank H. Clnek. Mrs. Kee explained the background which led to this request, referring to the Staff Report which is included in the packets, 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 present 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 Xhe lot and tQ maintain a ~ackyard of acceptable size. Mr. Wendt asked Mrs. Kee 1 s oplnlon · .. regarding -this request, and she explained that she has · difffculty rdenf-ifylng any har8'.ship br''any ipecial conditions which would allow' fo·r -th :is variance, in that the applicant knew , at the ·:'time he requested a building permit _ that there would be a problem tn locating . a two-car garage. She did, however, point :out t hat_ ~epara tions between the buildings would present no problem if this is granted, and identified front, sfde and rear setbacks. Mr. Uph~m 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 neighborhood, and locating the garage up against the house would not look as good. Mrs. Cook pofnted 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 Instance, Mr, MacGilvray then made a motion to deny a variance to the minimum setback (Table 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 fn like 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 shall be observed and sobstantial justice done. Motion was second- ed by Jack Upham and carried unanimously (5-0). ZBA-FC W City of College Station POST OFFICE BOX 9960 COLLEGE STATION, TEY . ----. · CLAI M CHECK NO. 415084 QHOLD 2NO NOTICE Deta c hed from PS Form 3849-A Oct. 1980 .. ., Charles A, Scull 1815 Rosebut Ct College Station , TX 77 84 0 --',. ' I :j CLAIM CHECK f' N ( ._ v --nj) QHOLO. ~ ; ...... ~ DATE "J:P 2 3 1983 I ST NOllCE 2 ND NOTICE RETURN Detached fro m PS Form 3849-A Oct. 1980 BK 2, LT 25 BK 2, LT 26 -BK 2, LT 27 BK 2, LT 28 EMERALD FOREST IV David Foster Construction 1512 Texas Avenue South Bryan, Texas 77801 BK 2, LT 9 EMERALD FOREST IV Charles A. Scull 1815 Rosebut Ct College Station, Texas 77840 BK 2, LT 10 EMERALD FOREST IV Keiser, David M. 1813 Rosebut Ct. College Station, Texas 77840 BK 2, LT 11 EMERALD FOREST IV Randal Wayne Stuart, ETUX 4207 Cheyenne Circle Bryan, Texas 77801 BK 2, LT 21 BK 2, LT 22 BK 3, LT 9 EMERALD FOREST IV Anthony Horne Builders Inc. P.O. Box NN College Station, Texas 77840 BK 2, LT 23 EMERALD FOREST IV BPC, INC. 2911 Villa Maria Rd. Bryan, Texas 77801 BK 3, LT 14 EMERALD FOREST IV Danny J. Earl 5210 Tower Drive Apt, 135 Wichita Falls, Texas 76310 BK 3, LT 16 EMERALD FOREST IV James R. Larue Jr. 8702 Bent Tree College Station, Texas 77840 . ·' -' -. J~~7J CJ:~ &471./~~~ BK 3, LT 13 EMERALD FOREST Bl\ 31 . I/r 11 EMERALD FOREST B ~ 3,,· I,.T 10-EMERALD FOREST Bl\-i ll' I;.T-i n EMERALD FOREST Bi<" f ,' LT 3 EMERALD FOREST BK l ·, LT 4 EMERALD FOREST BK 2, LT 1 EMERALD FOREST Haldec Inc. 1607 Emerald PKWY College Station, Texas 77840 BK 3, LT 12 EMERALD FOREST IV P6nzi6 .. Homes,-!nc. P.O. Box 1163 Bryan, Texas 71806 ' BK 4 ,· LT -1 BK _4, LT 2 BK 4, LT 3 BK 4, LT 4 EMERALD FOREST IV Tony Jones Construction Co. P.O. Box AT College Station, Texas 77840 IV IV IV v v v v BK 1, LT 2 BK 1, LT 6 Ranco Homes EMERALD FOREST V EMERALD FOREST VI 1128 Villa Maria Bryan, Texas 77801 '' T ' ... -. LEGAL NOTICE ' DATE(s) TO BE PUBLISHED:~~i .:5C'io/'C/J?8E.C' /l,!_983 BILL TO: THE CITY OF COLLEGE STATION P. 0. BOX 9960 COLLEGE STATION, TX 77840 TO WHOM IT MAY CONCERN: ONLY ~ The Zoning Board of Adjustment for the City of College Station will consider a request for a variance in the name of: Mr. & Mrs. Frank H. Cinek .r 8700 Greenle.af .. Co 11 ege S ta•t ion, TX 77840 $aid case 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: Request variance to the rear setback requlreme~ts (Table A, Zoning Ordinance No . 850) to allow construction of a garage at the residence at 8700 Greenleaf (Lot 24 Bloc k 2 Emerald Forest Phase IV.) . ;.. . ~ .. · ·.:.'" Further info~mation is avai 'lable .at ·the offi 'i e of the Zoning Official of the City of: Coflege Station, "(409)696-8868. ·-\ Jane Kee · Zoning Official I ··.) City of College Station POST OFFICE BOX 9960 I I 0 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 for a variance in the name of: Mr. & Mrs. Frank H. Cinek 8700 Greenleaf College Station, TX 77840 Said case 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.M. The nature of the case · is as fo 11 ows: Request variance to t'he rear setback requirements (Table A; Zoning Ordinance No. 850) to allow constructi·on of a garage at the residence at 870,0 Greenleaf (Lot 24 Block 2 Emerald forest Phase IV). Further information is available at the office of the Zoning Official of the City of College Station, (409)696-8868. Jane Kee Zoning Official