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HomeMy WebLinkAbout14-70FOR OFFICE USE o:n Y CASE NO,: !1-4+----+1""'-({)_ __ DATE SUBMIITED: ------ TIME ; STAFF: CtTY oF Cot J.EGE STATTON Homto/Ttxas .A&M Unlvmiry" ~-------- ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: 0 $350 Zoning Board of Adjustment Application Fee. D Application completed in fu ll. This application form provided by the City of College Station must be used and may not be adjusted or altered . Please attach pages if additional information is provided . 0 Additional materials may be required of the applicant such as site plans, elevation drawings, sign details , and floor plans . The applicant shall be infonned of any extra materials required. Date of Optional Preapplication Conference ADDRESS 127LEE AVENUE, COLLEGE STATION, TEXAS 77840 LEGAL DESCRIPTION (lot, Block, Subdivision) LOT 15 & ADJ NW 1i2 OF 16, BLOCK 3, OAKWOOD ADDITION APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name J FRED BAYLISS E-mail jbayliss@baylisslaw.net Street Address 3000 BRIARCREST DRIVE, SUITE 302 City BRYAN State TEXAS Zip Code _7_78_0_2 ____ _ Phone Number (979) 693 -8361 Fax Number (979) 693-8365 --------------~ PROPERTY OWNER'S INFORMATION (Please attach an additional sheet for multiple owners): Name WILLIAM M & DEBORAH L GRIFFIN Street Address 6400 WINDCREST #823 City PL.ANO E-mail bill.griffin@petrohaNester.com State TEXAS Zip Code _75_0_2_4 ____ _ Phone Number _(2_1_4,;_) _6_18_-_75_2_5 __________ Fax Number ------------- Current zoning of subject property R-1 ·---------------------------- A ct ion requested (check all that apply): [81 Setback variance 0 Parking variance 0 Sign variance 0 Lot dimension variance Applicable ordinance section to vary from: l°Do SEC 12-7.-2.0 .1.e 10110 0 Appeal of Written Interpretation 0 Special Exception 0 Drainage Variance 0 Other -------~~~----_.;....;.., Page 1 of 5 GENERAL VARIANCE REQUEST 1. T he following specific variation from the ordinance is requested : ~~~~~~~~~~~~~~~~~~~-. A 37 . 75 setback is requested wh ich complies with Deed Restrictions, exceeds City of College Sta tion 's setback requirements, and is the same setba ck as the original house located on the property. ~~~~~~~~~~~---~~~~~~~---' 2. Th is variance is necessary due to t he following specia l conditions : Special Condition Definition: To justify a variance , the difficulty must be d ue to unique circumstances involving the particu lar p roperty . The un ique circumstances must be related to a phys ical cha racteristic of t he property its elf, not to the owner's personal situation . Th is is because regardless of ownersh ip , the variance will run with the land . Example: A c reek bisecting a lot, a smaller buildable area than is seen on su rro und ing lots , specimen trees . Note: A cul-de-sac is a standard street layout in College St ation . The shape of standard cul-de-sac lots are generally not special cond itions . Siz e of Lot and resulting build-able area . See attached. 3 . The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is/are: Hardship Definition: The inability to make reasonab le use of the property in accord w ith the literal requirem ents of the law. The hardship must be a d irect resu lt of the special condition. Example: A hardship of a cree k bisecting a lot cou ld be the reduction of t he buildable area on the lot, when compared to neighboring properties . Inability to adequately use Property and need for 1-story due to health conditions. 4 . Th e fo llowing alternatives to the requested var iance are possible: ~~~~~~~~~~~~~~~~~~~---. A 37. 75 setback which exceeds City of College Station 's requirements . 5. This variance w ill not be contrary to the public interest by v irtue of the following facts : £xceeds standa rd City of College Sta tion 's setbacks and is consistent with the subdivision The applicant ha s prepared this application and certifies that the facts stated herein and exhib its attach ed hereto are true , correct, and complete . IF THIS APPUCATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPER TY, this application must be accompanted by a p ower of attorney staterrient from the owner. If th ere is more than one owner, all owners must sign the applf~tion or the p ower of attorney. If thi; owner is a compan y, the application must be accompanied by proof otauthorlty for the company's fepresentative to 'Sign the application on its beh alf. w~ ~/o w .vcl'- S ignature and title ~ Dat e 10/10 Pag e 2 of 5 Variance Request -127 Lee Background Subject lot was purchased by Bill and Debbie Griffin on January 30, 2014 . CGM Home Builders wa s retained to design and build a home honoring a 30 ' front setback as prescribed in the deed restrictions and affirmed by numerous experts . In early March, CGM was informed that a broad , general city ordinance negated the established 30' setback on this specific lot and is the basis for th is request . Intent was to build a future retirement home as a one story house due to mobility considerations . Debbie Griffin had a unicompartmental knee replacement surgery on May 5th at the Texas Center for Joint Replacement in Plano , Texas . Plans were for a quality, craftsman-style home to be esthetically consistent with the historic nature of the neighborhood and a positive enhancement to property values (Attachment #1). The previous "historic" home at 127 Lee was deemed not salvageable by the previous owner and torn down more than five years ago. The lot has sat vacant and was listed on MLS and for sale for more than 3-1/2 years . The lot ha s been a long-term eyesore for the neighborhood . • Recognizing the lot was abnormally narrow, there was an initial d i rect inquiry to the listing agent (BH&G), requesting specifics on lot dimensions and restrictions . Sarah Norman with BH&G provided a copy of the Oakwood Addition deed restrictions, which specified a 30' front set back (Attachment #2). Later, and prior to closing the seller provided a pre -existing survey of the lot and prior house. The survey showed a 25' front setback (College Station) along with confirmation of the 30' front setback (Deed Restriction). Importantly, the survey plat shows the setback of the previous home was only 37 . 75' (Attachment #3) • Due to the desire for a one story house, the expensive lot price and small lot size, additional confirmation of the lot dimensions and setbacks were made through the buyer's agent, Bi ll Fallwell with Cortiers . Jennifer Paz with City of College Station responded through Mr. Fallwell (Attachment #4): "The property at 127 Lee Ave. is zoned GS General Suburban and has the following setbacks : 25' front; 7.5 ' side; 20' rear. I have attached the original plat of the South Oakwood Subdivision. We do not have a survey of the property, which may be helpful given that the legal description of the property describes it as 25 ' of the adjacent lot. Based on the plat, this lot was originally 50' front but may have been reconfigured based on how the property was deeded off at some point. There are no historical preservation or specific building requirements from the city. The Historical District is a designation that was given to the area due to the number of campus homes and homes that were one of the first in the area " Ms. Paz provided additional information on January 16, 2014 and Mr. Fallwell gave guidance that "the city setbacks (25' front) will take precedence over the subdivision's declarations (30 ' front)" (Attachment #5). Upon receipt of this correspondence, purchase agreement language regarding lot size confirmation was removed and the purchase agreement wa s finalized the following day . • At closing, on January 30, 2014, University Title Company provided a General Warranty Deed that reportedly listed all exceptions to conveyance and warranty. It DID NOT include any reference to this special College Station set back restriction and only referenced the 25' and 30' setbacks previously confirmed by other parties (Attachment #6). HARDSHIP #1-There is no feasible way anything more could have done by the Griffins, to be made aware of the more onerous, lot-specific setback dictated by the City's Unified Development Ordinance (UDO) Required Yard (Setbacks) (Attachment #7), as they utilized experienced College Station real estate professionals with presumed direct knowledge . Multiple efforts to provide assurance prior to pu r chase clearly demonstrate a desire to purchase only if the result was the ability to build the one story home. The strongest direct evidence is the fact that the original purchase offer included a requirement to prove minimum lot dimens ions as a prerequisite to purchase. This contingency was removed only after receipt of the previously mentioned information . • REASONABILITY POINT #1-As shown on Attachment #3, the previous home on this lot was set back 37 .75', which was significantly closer than the special ordinance mandated 45', estimated from the plat (Attachment #8) voluntarily provided by offsetting home owner at 125 Lee . • REASONABILITY POINT #2 -The requested 37 .75' set back is misleading from an aesthetic perspective, as the Lee Avenue front yards include approximately 11' of street ROW, effectively creating almost 49' of green space from the street curb . Current plans include an 8' open front porch with the actual house front at 39.75' set back (50 .75' from curb). (Attachment #9). • REASONABILITY POINT #3 -The requested 37.75' setback is exactly the same as the previous "historic" home on this lot. Analysis of all of the Lee Avenue lots in Oakwood Subdivision (Attachment #10) reveals that an estimated 15 of the existing 26 houses (58 %) are closer than the special ordinance mandated 45' front setback for subject lot (Attachment #11 and #12). • REASON ABILITY POINT #4 /HARDSHIP POINT #2 -This is an abnormally narrow lot, when compared to the entirety of Lee Avenue. With a width of 75 ', the subject lot is 31% more narrow than the average lot width of 108' (Attachment #13). Only 3 lots are 75' or less (including 127 Lee). Ofthe other two narrow lots, 211 Lee has a home that has a 30' set back (measured, not surveyed). The only other lot (103 Lee) has by far the smallest house in the 2 block area, at 912 sf. Each inc r emental foot of additional setback has an exponential reduction effect on the square footage, as there is basically no ability to expand the width. • HARDSHIP POINT #3 -In addition to being 31 % more narrow on average, this is an abnormally small lot area for Lee Avenue. With a size of 0 .2806 acres, it is one of the three smallest lots and is 28% smaller than the average lot size of 0 .3912 acres. The fact that basically the entire allowed buildable area is being utilized leaves little optionality to modify or adapt floor plans (Attachment #9 and #13). • HARDSHIP POINT #4 -Lot prices have significantly escalated . Being forced to build a much smaller house than expected, results in a price per square foot for the limited living area that is simply not close to marketab le . • REASON ABILITY POINT #5 -Trish and Jim Burk own the adjacent home at 201 Lee which is set back further than the other adjacent house and therefore more impacted . The Burks have provided verbal and written support of the plans and requested set back (Attachment #14). It should be noted that the Burk's adjacent neighbor (207 Lee) on the opposite side from subject lot is approximately 30' set back . Summary In summary, everything feasibly possible was done to understand the setbacks for this lot prior to purchase and it has also been shown the lot would not have been purchased if this restriction had been made known to buyers . The request is simply for a setback that exceeds both the deed restrictions and general City of College Station requirements and matches that of the previous home on the lot. This setback is no closer than a large percentage of the existing homes in the two block area and is reasonable and fair. The special ordinance mandated 45' setback that is applicable only to this lot is arbitrary and inconsistent with the intent. The inconsistency of this restriction is best demonstrated by the fact that the previous home, which had been there for many decades , was much closer to the street than the new mandate of 45'. Because it is one of the smallest lots, this significant additional setback restriction results in an incrementally larger percentage reduction in possible foundation area and a major impact on marketability and value . Lastly, the most impacted immediate neighbor has expressed full support for this request . The proposed construction quality and plan is very commensurate with intent of the special ordinance to preserve the historic nature of the neighborhood . If approved, this house will ultimately be a residence and not utilized for student housing, which will be more consistent with the desires of the neighborhood and a positive impact for the City of College Station . Model Home For 127 Lee FRISCO -Darling Horm~s Patio Series • From the $500's 12462 Riverhill Road • Frisco. Tex,-JS 75033 Model Honie Hours: 10-6 Mon -Sal I 12-6 Sun (o) 214.387.8483 CLASSIC CRAFTSMAN ~ >. ,, 3659 SAN GABRIEL A VENUE P LAN-2626 A AVAILABLE JANUARY (,'\{ NewmanVillage 3,550SQU • Painted Brick Arts and Crafts 1.5 Story , 3 Bedroom , 3 Full/1 Half Baths, Formal Dining , Study, Media, Covered Porch/Patio and Finish e d Rear 3 Car Tandem Garage • Kitchen Includes Cu stom White Pa inted Cabinets , Genesis Granite Counters. Stain less Steel Appliance Package with 48 '' Pro Gas Rangetop 6 Burner with Griddle • Luxurious Master Retreat Includes Bath with Jetted Tub, Dual Vanilies and Closets • Scraped Wood Flooring Entry Foyer. Study, Dining Areas, Kitchen and Family Room • Upstairs Private Pre-Wired Media Room Featuring Wet Bar is Perfect for Entertain ing • Designer Options Include Granite and Marble Countertops, Luxurious Carpet and Beautiful Tile Accents =or more information please visit our Community )ales Managers located at 12462 Riverhill Road: ~my Brownlee 214 .448.7791 • ~!~~:ig ho mes c o m :andace Gammon 51 2.90 5 .2 179 • j;g,Q!IUll.Q!l@.Qort inghcme.~rn Darlin HOM E S & darli nghom es .c ~nl Attachment 1 fr'Om: '\Sfnorm4o@pol,c2m {mailm:mfnorman®4ol.comJ Sent: l4ond.ty , .lim. · ry 06, 2014 8:21 PM To: I Gri::' n Subj«t:: Re: U:e Cr, tot ii o 0 *lf'Attachment 2 Jpage 1 o!2) The owners do not ha IE: a plat surwy or <finu:nsloo . Alh they ~~ · there was an old house on it 0 ·course · s ~n !'Pmoved. The O\Ynet Is not much ~. vary stead fas · on her price, . gotte numetous ffes. wilt not~-d as not. cons ider any. nl see else I ·can nd . Sent fro. my i?hone Sarah oon SHG..Pre~rred Living On an 6, 20 4 , a.t 1 .44 PM, ·a.1 Griffin ~ <grjffinba @gmail com> wrote : Sarah . Than. you. Bl ?'t3-8!7..:S265 From: 54.rah · omia . [1N :!m 1nsfun 1m":J ~:a o{.c{)m] Sent: Fri<Lty, ld:n · .ry OJ , 2014 2!1.5. PM To : q · b81@9~Ji.com Subj~ Re' lee Cr. lot . tfo The ftstrntl acmt is in mv offi¢e. This ts all ev ha'd. -.')\i!" h•'f: f ... ~ --t11t'nf-\"t~ ·Jt~'*"f •"'"fil( Sarah Norma.n-&e:artwc wttn Nuskin Irrtcl"'MttioM:l 979-777-2.896 http ://www .S.aro:kNoMT\an .n:cdrcom: .<:<>ml Interested in owning your own business: htt,me1twwwJuzenteeting. oomfrepl ay meeting{ooeteamg!obalf.2437294 . "'F« I kno:lw the: ptens I haw f«' you, plans t<> pros~r yt)U Md noT to hM'tl\ yoo, p!ons to give I Attachment 2 (page 2 of2) ~ you o. ~ and a ft.mire . Then you Wi call upon me . and come end F<JY to roe , and I · limn to yoo. Yw riJ seek me ot\d find me ~n yoo ~ck me ~ <111 fOtr Mcrt ... Jere ; ·ah l9 · U - 13 -Orlgi :essage- FrOO'I: B• Gttffln <.>me} <:griffmb81@'!gmaitcom> To: Sarah <m!Dmma .,~ ~m> Sen • f -Ja 3. f 4 :2 pm S bjeet:: Re: ee Cf'. lot lnfu rm sooy. t understood you iere tl'le i s 'ng age i I had the sa.me info from !he tax assesso . Thanks for J'OUr f'e.Spo!IS.e 0 Jan 2. 20 4. a t 8:39 P • S l .. 0Tl5&2 'OF Ht oth· gl e.:i.n .2006 of~ acre . ? The ptoperty is StOCK 2225 sq. whdl rs ·S HX'f ME t):'f#;b(f l!" ·~tJ;<,..l "'~~""'t1.f~ -i t~U:'.'J-•11< y.-. • f $arah Horman..Ext'~ with Nuskin ln't¢mo:tiortol 919-7Tl-2&96 http ://www .Sor<lhNormcm .n::cdrc-c.m~.co-ml lnteres· ed in owning your own business: h!ms::f/www.fuzemeetiog. oomlrepf !J mee · ng,{ooeteamgl<>bat/2437294 '"For I know the plans I how 1-0r yoo, plms to pri)Spu you and oot to harm you , plans 10 ·give yoo a~ end a fuf\n:. Then you will ctill upon tM end comt nnd pray to me, OJ'id• I Wi!J listen to you. Yoo win seek me end find me wlwl you su:k me with all your Ma.rt." Jettmii!tl1 l9·1 t - 13 Survey Plat of 127 Lee Note -set backs and incremental street ROW SUR"1:YOR'S CERTIFI CATE: I, BR-'D KERR, R.P.LS. NO. ..502, 00 HEREBY CER TIFY THJ\T TO T\iE BEST OF MY KNOWU:OGE TlilS PtAT IS A TRUE REPRESENTATION OF A SU R"8' MACE ON TliE GROUND UNDER MY SU PERVISION ANO THAT THERE AR E NO VISIBL£ ENCROACHMENTS ON TH IS TRACT EXCEPT AS SHOWN HEREON. TH IS TRACT DOES NOT LIE WITHIN A DESIGNATED 100 YEAR FLOOD PLAIN ACCO ROI NG TO THE F.1.R.M. MAPS, CONMUNl!Y PANEL NO ... 80+1C0144 C, EFfECTIVE DATE: 07-02-1992. / N/F NIBZ ASSOCIATES CO. 0 .3 ACRE TRACT 3217/32 LOT 1 BLOCK 1 BRAD KERR REGISTERED PROFESSIONAL LANO SU RVEYOR NO. +502 / / / HOLIKS RESTRICTED"' HOME SITES 104/450 SCALE : 1" 30' CM -fOUND AND USED TO ESrABUSl1 PROPERrY UNES. BEARING SYSTEM SHOWN HmEON I'S BASED ON CRID NORTH IS E'STMUSHED FROM GPS OBSffi'VATIOH . / / / / c$-/ / / / / UEGE NO: AERIAL ELECTRIC LINES "" ~ >(It: WO OO FENCE --..f~l--l,. BAABED WIRE FENCE -x--x-x- CHAIN LINK FENCE -Q-0-(]- GRAVEL t::2lS:.:·::zJ£!J CONCRETE i·" · .......... ,.; ... "•) BOUNDARY SURVEY PLAT OF Deed .,Restriction 30'set back LOT 15 AND THE NORTHEAST 1 /2 OF LOT 16, · BLOC K 3 OAKW OO D ADDITION VOLUME 821 , PAGE 520 COLLEGE STATION , BRAZOS COUNTY, City 25' set back setback TEXA S Attachment 4 8iU, Thi! propeny at t.27 Lee Ave. is zoned GS General Suburban and hu oll~ in"' ~thaw ~ is.• front; 7 .s' side; ?Jf rear. J ha • amc ed the otipnal pf at of the South Oakwood subcfwion. e do n<>t have a s:urveyofthe property, w · h maybe help given tha t e le!'.alde:scr'ptionof the propertydesaibe5 i as is• o he adjacent tot. B<ts:ed on the pla: , this lot as origina SO' · ron but may h;rire been recon rored ba~ on ho · ·he property as d~ of a some poin . There are no his oric:a preurvation or speoflC budding requiremen rom th c' · .• 'ibe Historic:•I District: is a des~gnation tha was: given to the area due to th number o ampus homes alld homes thz were one o he first m the a.tea. As for the prop rty on ex.as Avenue . Texas A: enue is a DOT road\vay so an curb cuts ' , o d ha~e to mttt DOT spacing req ire: ents (I be · e rt is SOO' om the inte~ction). Th str t · enin~ vns a TXOOT p o~ a so it ma haw been le .t to be uti l?ed b si .,fe· aml ho . Ultima el , ncoo v, oufd haveto e in on it. F~rn : e rtt ! WP'nn.:~..;w. To: Je · r P:ez St.i bj ect 271.eeA~ e Hi J enifer, l represco · a couple who have an • ores i purchasin this tract o land · tho Southside Historioaf District o College Station. Tho legals are: 12.7 Lee Ave uo: Oa ood , Block 3. Lot 15 & 25' of 16 . eed · g any type o documents ou mi t have tha pertain to it. Setbacks in particular. Arty chance ou have a t shoving the pe:rimetcr o the tract c <meed wlth the designa ·cd and requited <Ytbacks would GR AT. My folks are eon~med that the tract ma~ too narrow to oon~t a re 'deru;e once setbacks arc factored • lo the equation. Too, any HOA' s or bu d res 'ctions as I kn<r• and understand this is in a designs cd hi'Sloriea l distris Basic.al . ev atld anyth' you can sc:nd me wiJ I be bcmftc!al. Question on a traet YOt.I ha c he lped me vith in the pa The · act being at o intersection of Tons A e. and Krene T p . e al · Property 10 13225 A.Rector, tract 45. 1.706AC. My question: there is an existing curb cut on Te s Ave. app ro 100' off the intcrs.cction. en the strco v as ~ 'dcned. me tans install d along v.nh Attachment 5 (page 1 of2) s~ raspom:e below from the ciry. eems the city ~tb h "'ill take p ec-~ce over the ~ubdivhion1> d~lantio " ~there b no HOA to enfor~. I can order up a ti ~ cotm.nitme.nt altho~ ITC gmer y take"' a ~up~ of d y~. I an requ~~t a R ·sH . k fo the di:;cr~paney m length m .d total~ foo ge, my iwtial thoud.its tht measured \Yhue the emting fence line u ocated.. The rer...eve ~P . w the it 's ~ abandoned o · ::. · enfo ~ ~hould show up in title. A:.. for t:M repla.y.1 rure: full ha;, alread · been accomp 'shed as the e~ st.He and. _5 • of 6. Again thi~ nill pop up in tit!~. Sfllt from m · iP~ 1. The PfO~rty as origin2 I plated ai:s Sa'x153'. In these o denubd ion you vi find that man lots are portions o o her lo s; and the rleEded to is configured different t han h it tU subdivided. ()(fa , property canno: be transferred in t s manner i mus be resubdMde<l/rep!at before transfer of deed. As wwh it is sho~ non the appratsal cfistrict as a larger · ., t'm not sure . This ou d have o be disputed 'I · h the apprais dis.ttia:. i . The reserved tract a:on• the rear is o ut:ih ·es. I is a 1S' reserved strip for utilities maintaiood b• t c · and was dedic ted vlith the Holi subdivision to the north. rttis re.se e mip •as no part of he south oakwood subdivtsi<>n . 3. The tot dep h was origi a v platted as .1S3'. 1' e attached the origina l pta we have on me. A title seardnnay anS'1.er som o the questions tegarding e det?tled con ration o this To my kn<>' edge, the reserved trac.t h.u no · bffn abandoned b 'the Qty. 4 , The city does not enfo ce deed restnttioM ontv what the ordinance r~ui res. If the deed restrictions are sti ,J applicab'e that is a tu que.stion tha wou d n~ c.onsu t in rom a r estate attorney. Ottds are en orced b the HOA , ·h idi ma not be rove in this ara . Hope this in ormation h ps. J ni~ T ~: Jeni er Pea ub1".ect ~ FW: 127 ~ Su Jenifer. I I Attachment 5 (page 2 of2) I quizzed you iz wttk in. eg~ds to set fue fo O'\\"lll_, z on~ tract oflmd in CS -and you. re'Sp<)nded with e propert al 117 ~Ave. is oned GS Gen ra l sub rban and h~ .S' side; O' rea • 1 have: a ched the origina l at of Sooth oa sulWy o t property, which may be hefp grve.n tha th legal desatp · n of the prope · describes i as is' o the adjacent to 6ased on the pa this lot was o · ~na ly 50' ron but ma have been rec:OO' ted based on ho he property 1as <Seeded of a some $>oint. Th re are no historica preservation or specific build.mg requlri ments mm the c1 . The tm.torica Oistrict is ad s1gnation that vns g · en to the area due to the nu. bu o campus hom s nd homes tha' ere one of me fir~t m he area . I obtained copy oh. pre · ou:; Sllr'\~y though it !.hon~ and o d ~troclute an. it. ut i doe.::. :;how ~tlx!cb and dimemi.ons of the lot. It is att c.hed. Qu_;tioQ!; &om m • p, ospec:ti ·e bu 'er. A number o questions no that I have oo ed at this pla • 1 . ts. 153 15 = .U 75 sf. not: u ,:us sf as on a rc!es. An ideas .fly? 2. can an f<lne ~latn he re~rved tracts ~hind e lot at don't sho·1, up on the ta appraiser's pats'? 3. to ength is 153', s·g.rufic:antly fess than he 1155' e ~ pected and he 160' m i ni mum in the contract 4. e se. -badls you provided were rom COU~e s at ion, but the deed restrict.om are much more prohi b. · e. ts t r a process: o ge e~p · n o e d~ restrictions and a e alto ed to hui under cs gu i de 1n s. hat is ris; ,e; ge den Can ou answer his questions and corm~ ns. Thanks •gain or all you do!! 'Ettt ~at!Me(t 8'!$. 9'f!!J Cortiers Real Estat:e ~640 Earl Rudder F t"'eeway tte. 100 College S't t'ion, TX 77845' 979"98~·S:fll0 O£ftf;e <>79"218•89>6 ceU 079"98~·;;96 iax :PJ\U l'()R BY : u ' ... 1-'0!ti-9 llltl/RfJ lf f(JBCf<.t-mn.-<.JRWPJN 1784 1 Attachment 6 (page 1of3) 51 rtify this to be a true and correct copy of the origi nal. UNIVERSITY TlTLE COMPANY By :~ .• Kary C. Mersm:s~ Eltrow Oftipa Notice of Confidentiality R ghts: If you are a natural p rson. you may removo or strike any or all of tho foUowlrtg Information from any f n$trumcnt1hat trans.re rs an interest ill teal property before it is fifed for record In the public records : your social security number or your driver's license number. Date: Gran tor: Grantoo: Grantoo's Mailing Addross: Consideration: DE fSE M. 8 RMUO Z afkla OE IS BER MUO z. a sing le person W I LLIAN M . GRIFFI N and DEBORAH L GRIF T NA D N0/100 DOLLARS ($10.00) and olher good a d val uable: coo Kiera tan Property (including any hnprovcmen ): ract One: ee S mp !e Lot ifteen ( 5} and the adjac ·nt Nortnv, st 112 of Lo Sixt cm (16), Block Three (3). Oa. w()()d Additi on. City o College Stahon. according o t he plat thereof record d 1n Volume 82, Page 520, Deed Records, Brazos County, To as T reel T t0: Acc;ess Easement 25' ·wide Pri¥a te, Perm ncn • Non-xclusive perpetual easemen for vehicular and pedes i n iog oss and egress os d scribed m Access E&sem n fi corded 1n Vo l m 8264. Pago 108 . Officia l Re<:O!d , Br zos Coon y, Te as . Rescuvat.ions from Conveyaneo: -000 I ' Exceptions to Conveyance and Warranty: Attachment 6 (page 2of3) 1) Restricti covenants of record s folio .•tS : ract One: Volume 82. P ge: 520 ; Vol mo 131, Page 177 Volume 5. e 25 1, Deed Record · • Brazos Count~'. exas; 2} Righ of th ird pa rties to the uso and ben ft as to th easemen reflected o n c--~·--'·.1 A" , raet T • o · 3) 25' and 30 ' e b t on the sou v ~ . an se c on le and south ~fdas; 5' r: e s p selbaci< nd 20· setb ~ ou t o oorthe st We; as so o on p at r corded in Volume 82, Page ~20 , Oe Record • Brazo$ Coon y. Texas; as sc out in resltictions recorded in Volume 131, Page 111. o d Records, era o Coonty, Toxas: as hown on surv y prepared on August 3t 2007, oder th e su e · ts on of Bra d R .?.l..S. #4502 Tra One; 4) Fence Ires outside th prope y 1 e· o c o eas s o · p y. oo survey prepar don Augus 3. 2007, under the super sion of Brad Kerr. R. .LS. #450 {Trac One): 5 semen from Coll e St a ion lndopcndent School Distri ct to City of CoUo e S tion dated Septe mbe 20, 1993, reoo rd cchn Vol ume 1931 , ago 151. Offici I Records, B azos County, ex,a {Tfact Two). 6 A idavit of Prescriptive m<ln rom onard C. Wilhams and ife, Jane Williams, lo Pvbtic d ated A ust 12. 1994 . recorded i Vorume 2183 . Pa 64, Offici I Records. Srazos County, Te as rad 1'. 7) Terns, Co r ditlons. a d S i pul tkms in he Aocess E mont Agreement y t veo · L onard C. ilhanis and Jane Nill'am and 0 r is Sermudez,, l a1, d oo S ptember 14 2007. t corded 1n Volume 8264, I g'e 108 , Official R cords, Brazos County. Tex s (Tract Two)· 8} f~o dbed aintcnance of Access =a ment rccordad in Votum 8264 , Pag 108, 0 icia l R coeds, Brazos Couny, Texas ( et T o}: 9) M it ral Reserva 10 in Deed by College Station lndcpe ent School Olstrict. pr viousry known as Board of T rus tees o f e A • Consol' ated Independent School Di rict o Or. ANC l. Oane n da ed ptcmber 9. 994 record d in Volume l203, Page 340, Officia l Re.cords , B razos Cou ty. Texas (Tract . wo). rantor. fo t Consider o an d su bjec o Reservations rom Con eyance a ti o oeplions o Con veyance and Warranty . grants, sells, and ~o r . ·&ys o Grantee the Property. toga her with II n singula r · tights and appurt ances th e o i any v ay befongh g, to ha e a · to · o · to Grantee a d G tee·s h i rs, s ccessora, ~nd assig s 1o ver. Gt ntor bin ds Gr ntor and rantor's he i rs an suct0Ssors to warrant and fore . r defend au and si g ula:r he Property to Gran ee nd Gran tee's helf'S, sucoossors, and igns against e ry erson v. hornsoever I vf I c a i i g or to im the sa11 e o any pa t he · of, · ccpt as to · e Reserv .lions fro Conveyance and the xcepoons to Con ey nee an d 'arra y. hen tt conte te uires, s f gu ar nouns and pronouns incl ud the p lura f Attachment 6 (page 3of3) Ad alorem taxes for he current. yea1 have boen prorated as oft e date of delivery of tt11s deed, and the Grante by heir acceptance hereo covenan ts l agrees to pay all d vatorem taxes upon :ha property f1om and including t es for o year 2014 . S ATEOF XAS COUN1~0F __ ~"""-'"__..........,_....._~- This inst moo as acknO\ dged before m~ o uary , 2014 . by DENIS M. BERMUO Z afkl DENIS OEf ~f) l !I v. ~. ~ I.I. Gfflff Attachment 7 Ordinance Language In Sec. 12-7.2.D.1.e, of the City's Unified Development Ordinance (UDO), Required Yard (Setbacks) states: "Where an existing lot was created by an approved plat prior to July 15, 1970 and the property is designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map a new (infill) single-family dwelling unit shall use the adjacent lots to determine the appropriate front yard setback. The new dwelling unit shall be set no closer to the street or farther back from the street than the nearest dwelling units. Areas zoned NPO, Neighborhood Prevailing Overlay District are exempt from this requirement. Setback for areas zoned NCO, Neighborhood Conservation Overlay are stated in the specific rezoning ordinance for the area." Extremely difficult for buyer to first, be aware of the existence and applicability of this ordinance; second, determine if property is designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map and third, determine the mandated setback distance without trespass, as setbacks of offsetting homes are not of public record. 12.5 LEE. AVE.NU£ Attachment 8 Survey Plat of adjacent lot 125 Lee Setback estimated at 45' Attachment 9 ----r ------ Lo t 14 Tentative 127 Lee Site Plan -Heated & Cooled 3069 sf House front at 39.75' set back Previous house was at 37. 75' Porch front at 31. 75' set back l JI '.· .:·, ·, .... =. \·: ·. -----·---------~· :~.·· :~·-·---·--·· I -~---·----------------'!~..!:£' 0 0 I ~' !'UC Lee Avenue SPJ oakwood Attachment 10 t> e mediate Schoof - . reative f);ubl ish 1 Oakwood -Lee Avenue Lot I Home Summary Area Oakwood -Lee Avenue Lot I Home Summary Area *Estimated 30-35' set backs Lee Avenue -Immediate Area * Estimated 30-35' set backs r Attachment 12 I I Attachment 13 -, I Oakwood -Lee Avenue Lot I Home Summary \ OAKWOOD S.US.DIVIS·ION -LEE AV 811< House No Width (ft) Lot (acs) SF A ppr $M Built 36413 a 103 Lee 73 0.2732 912 $220.6 1949 364.22' a 211 Lee 75 n2634 3, 121 $422.8 1938 36419· a 127 Lee 75 <l.2006 Subject lot 36423 a 215 Lee 85 0.2986 2,625 $352.1 1935 36420 a -201 Lee 97-o. 3630 2, 156 $330_ 9 -· 1950 Adjacent 1 ot 36414-a-·101· --Lee· ....... 100---"'."03742" 6,798 $996.3 --2006 36415 a 111 Lee 100 0.3742 4,475 $570.5 1988 36416 a 115 Lee 100 0.3742 5,530 $760.3 1935 36417 a 119 Lee 1 00 0. 37 42 2,452 $338 .1 1938 36405 b 126 Lee 100· 0.5319 5,368 $781 .o 1944 36431 c 210 Lee 1001 0.3329· 2,885 $390'.4 1938 36432 c 300 Lee 100· 0.3329 .3,068 $340.5 1956 36425 a 307 Lee 100 0.3512 2,382 $287.0 1937 36435 c 314 Lee 100 0.3329 21818 $371.1 1960 36418 a 125 Lee 110 0.3900 ·3,681 $495.o -1948~AdJacenflot 364o4-6 --120 Lee f15--0.5682--2,751-$428:9 ___ -1944--· 36412 a 101 Lee 118 0.3555 2,078 $307.8 1955 36421 a 207 Lee 118 0.4145 4,169 $442.5 1950 36402 b 104 Lee 1.20 0.3444 2,061 $.321 .. 6 1944 36429 c 200 Lee 125 0.4993 4,128 $701.9 1960 36430 c 206 Lee 125 0.4161 3,714 $534.2 1956 36424 a 301 Lee 125 OA390 3, 144 $382.0 1936 36433 c 306 Lee 125 0.4161 3,385 $400'.0 1936 36434 c 310 Lee 125 0.4161 3,452 $369.4 1938 36426 a 311 Lee 125 0.4390 2,105 $365.7 1951 36403 b 110 Lee 140 0~4821 4,672 $707.3 2006 36401 b 100 Lee 152 0.5234 3,572 $457.0 1956 COUNT: 'Zl AVERAGE 108 0~3912 3,.36'5 $464.4 1952' .--or·•inal enag:e-- ftom : James a imailto:i-bur @suddenlin .net} Sent. Thur'Sdi , februa 27, 2014 2 :3.l PM To: I Gr'if n subject: 121 tee ~a &I, ling: us about our plans t:o Attachment 14 an ou a lso for i.ndudin .. with our letter a cop• of the surve plat f.or Lo 15 .and the o:rtheast 2./2 o t 16, Bk>c.k 3 oa rood Addit. n-othert ·se known as U7 Lee. AW!:nu~. co ege sti ·on, ens-and · or inc lud ing a ,ph<lto o a Craftsman s e home •rh . his similar to he home ao to b ·i d oo t e lot:. • understand t hat our ne home is bei " des·:n~d with man .a ims in m· nd: •o eet the needs o our am· o course, but also · o presE.rve histo · al integ · o ou ne"gh.borhood and to comp with the City's bui ding requ ·rermmts {3-0 ft. setbacks and a J). he:s.e are sure stgns tha ·. your fC1m il and your home wm be ·onderlul add1 · ns to t e neighborhood. Jim and f appreciate the considerattO you and Debb ie have mo . n us, introducing after · dosed on the ptoperty and now no · i ·ng us of your const:ruttion plans. our ovtng in, eth~rfont football ~ee end or 0t our permanent.re · emen · ·, fe.i!I frtt to contact us if tM!e is an rtning ~can do. ours u1 , rish&J'm FOR OFFICE USE ONLY CASE NO.: I~ 1.-0 DATE SUBMITTED: l l 1 //'f C1TY or COLLEGE STATION Home ofT= Ad-M Uniwmry• ' TIME: 3 .! '-/-0 f~ STAFF: ZJ""...r ZONING BOARD OF ADJUSTMENT APPLICATION * ~v ~ ancft .. SUBMITTAL REQUIREMENTS: [if$'350 Zoning Bo~ &'Adjustment Application Fee. ~ Application completed in full. This application fonn provided by the City of College Station must be used _/and may not be adjusted or altered . Please attach pages if additional information is provided. ~ Additional materials may be required of the applicant such as site plans, elevation drawings, sign details, and floor plans. The applicant shall be informed of any extra materials required. Date of Optional Preapplication Conference ADDRESS 127 LEE AVENUE, COUEGE STATION, TEXAS 77840 LEGAL DESCRIPTION (Lot, Block, Subdivision) LOT 15 & ADJ NW 112 OF 16, BLOCK 3, OAKWOOD ADDITION APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name J. FRED BAYLISS E-mail ibayliss@baylisslaw.net Street Address 3000 BRIARCREST DRIVE, SUITE 302 City BRYAN State TX Zip Code 77802 ------- Phone Number (979) 693-8361 Fax Number (979) 693-8365 ~----~~~~~~-~~~~ PROPERTY OWNER'S INFORMATION (Please attach an additional sheet for multiple owners): Name WILLIAM M. & DEBORAH L. GRIFFIN Street Address 6400 WINDCREST#B23 E-mail grlffinb81@9mail.com C ity PLANO State _TX ________ Zip Code _7_50_2_4 ____ _ Phone Number (713) 817-8265 Fax Number ------------~--- Current zoning of subject property R-1 ---------------------~-----~ Action requested (check all that apply): [8J Setback variance D Parking variance D Sign variance O Lot dimension variance Applicable ordinance section to vary from: !UDO SEC 12-7.2.D.1 .e 10/10 O Appeal of Written Interpretation 0 Special Exception D Drainage Variance 0 Other ---------------~ Page 1 of 5 GENERAL VARIANCE REQUEST 1. The following specific variation from the ordinance is requested : A 30' setback is requested which complies with Deed Restrictions and exceeds City of College Station's setback requirements. See attached. 2. This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving , the particular property. The unique circumstances must be related to a physical characteristic of th e property itself, not to the owner's personal situation. This is because regardless of ownership, the variance will run with the land . Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees. Note: A cul-de-sac is a standard street layout in College Station . The shape of standard cul-de-sac lots are generally not special conditions. Size of L ot and resulting build-able area. See attached. 3 . The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is/are: Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements of the law. The hardship must be a direct result of the special condition. Example: A hardship of a creek blsecting a Jot could be the reduction of the buildable area on t he lot, when compared to neighboring properties. Inability to adequately use Property and need for 1-story due to health conditions. 4. The following alternatives to the requested variance are possible: A 30' setback which exceeds City of College Station's requirements. 5. This variance will not be contrary to the public interest by virtue of the following facts: Exceeds standard City College Station's setbacks and is consistent with the subdivision . The appHcant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true, correct, and complete. IF THIS APPL/CATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the ov.;ner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf. W ~ 'yv., ~~W"1Q, Signature and t it le m~ 31 . 2011...1 ' Date 10/10 Page 2 of 5 Variance Request -127 Lee Background Su bje ct lot was purchased by Bill and Debbie Griffin on January 30, 2014. CGM Home Builders w as r etained to design and build a home honoring a 30' front setback as outlined in the dee d re strictions. In early March, CGM was informed that an unusual city ordinance negatively im pacted the 30' setback on this specific lot and is the basis for this request. In te nt was to build a future retirement home as a one story house due to mobility consideration s. Debbie Griffin is scheduled to have unicompartmental knee replacemen t su rgery on May 5 th at the Texas Center for Joint Replacement in Plano, Texas. Plans were for a q uality, craftsman -style home to be esthetically consistent with the historic nature of th e neighborhood (Attachment #1). The previous "historic" home at 127 Lee was deemed no t sa lva ge able by the previous owner and torn down more than five yea r s ago. The lot has sat vaca nt and has been listed on MLS and for sale for more than 3-1/2 years. The lot has been a lon g-te r m eyesore for the neighborhood . • Re cogniz i ng the lot was abnormally narrow, there was an initial direct inquiry to Bet ter Homes & Gardens (listing agent), requesting specifics on lot dimensions and restricti o ns. Sar ah Norman with BH&G provided a copy of the Oakwood Addition deed restrictions, which specified a 30' front set back (Attachment #2). Later, and prior to closing the sell e r p rovided a pre -existing survey of the lot and prior house. The survey showed a 25 ' fron t setback (CS) along with a 30' front setback (DR). Importantly, the survey plat shows th e setback of the previous home was only 37 .75 ' (Attachment #3) • Due to the desire for a one story house , the expensive lot price and small lot size , addi t ional confirmation of the lot dimensions and setbacks was made through the buye r's agen t, Bi ll Fallwell with Cortiers . Jennifer Paz with City of College Station responded through Mr. Fa llwell (Attachment #4): "The property at 127 Lee Ave. is zoned GS General Suburban and has the following setbacks : 2 5' front; 7.5 ' side; 20' rear. I have attached the original plat of the South Oakwood S ubdivision. We do not have a survey of the property, which may be helpful given tha t t he legal descrip t ion of the property describes it as 25 ' of the adjacent lot. Based on the pla t, t his lo t was originally 50' front but may have been reconfigured based on how the propert y was d e eded off at some point. There are no historical preservation or specific building re quirements from the city. The Historical District is a designation that was given to the are a due to the number of campus homes and homes that were one of the first in the area " M s. Paz provided add itional information on January 16, 2014 and Mr. Fallwell gave gui dance t hat "the city setbacks (25 ' front) will take precedence over the subdivision 's declara tio ns (3 0' front)" (Attachment #5). Upon receipt of this correspondence, purchas e agreem e nt language regarding lot size confirmation was removed and the purchase agreemen t w as fina li zed t he following day . • At closing, on January 30, 2014, University Title Company provided a General Warranty Deed that reportedly listed all exceptions to conveyance and warranty. It DID NOT include any reference to this additional set back restriction and only referenced the 25' and 30' setbacks previously provided by other parties (Attachment #6). HARDSHIP #1 -There is no feasible way anything more could have done by the Griffins, to be made aware of this special ordinance (Attachment #7), as they utilized experienced College Station real estate professionals with presumed direct knowledge. Multiple efforts to provide assurance prior to purchase clearly demonstrate a desire to purchase only if the result was the ability to build the one story home . The strongest direct evidence is the fact that the original purchase offer included a requirement to prove minimum lot dimensions as a prerequisite to purchase . This contingency was removed only after receipt of the previously mentioned information. • REASONABILITY POINT tn -The request is simp ly to grant a 30' setback, as set forth in the deed restrictions and as many other homes on the street have done . Analysis of all of the Lee Avenue lots in Oakwood Subdivision (Attachment #8) reveals that an estimated 15 of the existing 26 houses (58%) are closer than the special ordinance mandated front setback estimate of 45' for subject lot (Attachment #9 and #10). • REASONABILITY POINT #2 -The previous home on this lot was set back 37.75', which was significantly closer than the special ordinance mandated 45', estimated from the plat provided by offs~tting home owner at 125 Lee (Attachment #11). • REASONABILITY POINT #3 -The requested 30' set back is misleading from an aesthetic perspective, as the Lee Avenue front yards include approximately 11' of street ROW, effectively creating 41' of green space from the curb to the proposed front porch. Additionally, the front of the house is designed with a 7' deep open porch, which sets back the front of the actual dwelling an additional 7', or 48' from the edge of the curb (Attachment #12). • REASO NABILITY PO INT #4 /HARDSHIP POINT #2 -This is an abnormally narrow lot, when compared to the entirety of Lee Avenue. With a width of 75', the subject lot is 31 % more narrow than the average lot width of 108' (Attachment #13). Only 3 lots are 75' or less (including 127 Lee). Of the other two narrow lots, 211 Lee has a home that has a 30' set back (measured, not surveyed). The only other lot (103 Lee ) has by far the smallest house in the 2 block area, at 912 sf. Each incremental foot of additional setback has an exponential reduction effect on the square footage, as there is basically no ability to expand the w idth . • HARDSHIP POINT #3 -In addition to being 31% more narrow on average, this is an abnormally small lot area for Lee Avenue. With a size of 0.2806 acres, it is one of the three smallest lots and is 28% smaller than the average lot size of 0.3912 acres . The fact that basically the entire allowed buildable area is being utilized leaves little optionality to modify or adapt floor plans (Attachment #12 & #13). • HARD SHI P POINT #4 -Lot prices have significantly escalated . Being forced to build a much smaller house than expected, results in a price per square foot for the limited living area that is simply not close to marketable . • REASONABILITY PO INT #5 -Trish and Jim Burk own the adjacent home at 201 Lee which is set back further than the other adjacent house and therefore more impacted. The Burks have provided verbal and written support of the plans and requested 30' set back (Attachment #14). It should be noted that the Burk's adjacent neighbor on their other side {207 Lee) is approximately 30' set back. Summary In summ ary, everything feasibly possible was done to understand the setbacks for this lot prior to purc hase and it has also been shown the lot would not have been purchased if this restriction had been made known to buyers. The request is simply for a setback that exceeds the general City of College Station requirements and meets all of the deed restrictions . This setback is no closer than a large percentage of the existing homes in the two block area and is reasonable and fair. This estimated 45' required setback that is applicable only to this lot is arbitrary, as there is a house with a 30' set back, only two lots removed. The arbitrariness of this restriction is best demonstrated by the fact that the previous home, which had been there for many decades , was much closer to the street than what is currently being mandated . Because it is one of the smallest lots, this significant additional setback restriction results in an incrementally large r percentage reduction in possible foundation area and a major impact on marketability and valu e. Lastly, the most impacted immediate neighbor has expressed support for this request . The proposed construction quality and plan will be a positive impact on property values. If approved, this will be a home and not a rental property, which will be more consistent with the desires of the neighborhood . Attachment 1 Model Home Plan For 127 Lee 3659 SAN G ABRIEL AVENUE PLA N-2626 A AVAILABLE JANUARY • Painted Brick Arts and Crafts 1.5 Story, 3 Bedroom , 3 Full/I Half Baths , Formal Dining , Study, Media, Covered Porch/Patio and Finished Rear 3 Car Tandem Garage • Kitchen Includes Custom Wh ile Painted Cabinets, Genesis Granite Counters , Stainles s Steel Appliance Package with 48" Pro Gas Rangetop 6 Burner with Griddle • Luxurious Master Retreat Includes Bath with Jetted Tub, Dual Vaniti es and Closets • Scraped Wood Flooring Entry Foyer, Study, Dining Areas, Kitchen and Fami ly Room • Up st a irs Private Pre-Wired Media Room Featuring Wet Bar is Perf ect for En tertaining • Designer Options Include Granite and Marble Countertops, Lu xurio us Carpet and Beautiful Tiie Accents =or more information please visit our Community )ales Managers located at 12462 Riverhill Road: "-my Brownlee 2 14.448.7791 • abrownlee@darlinqhomes com :andace Gammon 5 12.905 .2179 • kqammon@'dal1inohomes com Darlin HO MES ~ clilrlingho m es.com ( f1 o:m: n sfnor rn om'Ci'1 @l.mm /[mailt.o msfnmman@a<11.rorn] Selilt: Mon da '.i'r Jaramy O~ 2Qi14 lk21 PM Tr:>: s;!I 'Griiffi ,, Subject; Re:; Lee Gr. Lot li.ilfu Attachment 2 (page 1 of2) The-.owner;s de? n~t ha1'ii a plat. surye)I' or d1measion. Wlilen fu ey p11rdla5€d · there:-.· as an -0ld hoose on it Of cc{Jr-;e ifs b een remcved . The ova-r.i r · :not m.Jch elp·. tii'eli)' s '?>ad fasQ on me · p · • has. gol'!En n rn : ous orrers, w1il l oot a d iaS net, consideli .any. r 11 see• t else I •ca:Ti find Sent firo S~r:ah N !Jill Jan ~. :.:'.U i 4, .a m Tl:.!M t-M, -t> r.:; , 10 -<q rttllill:I M @lgma1Loom> wro e: Sarah, ~II tL IAg ?Qem coo tact his ife r cl ient and ge ;: .oo~' oH h.e pla . or he dm ensions ? Tha •: ~· 8 7 i,2.-8 17 -B 265 fmrm Sarah Norn:1a ni [!JNt'lto:nsforDrmamram f.cWIJ ] Selilit ~ Fri da·;, J'an •311f Oi3, 2.0d.4 2:15 PM Te>: qt-· · bS 1 ©' ina31 .co m Subj-ect~ R:e~ Lee Or. L1>t -..fo is is all ev ha . Sanll1 Norman. rof\liri Ft~oiUor r 1 :f rn:rr ill t::t li ·:~a r; I 1:>:01 I-! "-!.. t.. ::; T >. T , 3 J9~t 9 0 -23 00 o r1 ~ 9 7'::-314 -1g93 F :or Stl ll in; E!i-~"!l n GJ ll ::.ge _.t:iLi un C•n e 'Yerd .ol.1 .6. li rn: BETrtJ;: HOMES .:.rw G.:.RD EtJS F.EOJ.. ESTATE P r.i;r,~rr<eij Li'•'lr•~ 1 · !;;L );:i r ron Rd . 6 riil l!•d ,..r,fllu ht Co ll=g! &.::I tkin, T~~ 77S<15 trU.V.atS 11 1iOp O.ntd 11 f.-14114 S~ra h N-0rma n -Exccutivc with Nu sk in I nternational 979-TTT-2896 h ttp : I /www. Sar-4nNormao .. n:cdrco m:: ... com/ 1 nter~!':JP.-d in ownin(JI ym.u-own hu~ine~~: h ttos:/lwww.·uzemeefin g. comfre pl.ay mee ngfoneteamqtoba1f24372 94 "for I !know t .h!i: pl ans I M.vc for }'OU , pl!ons iU prr.r>s pu y l)'u miid '1017 to hlll"'m you. plOJJS ta; !jive . Attachment 2 (page 2 of2) ·too a hc'}K and o f utlll"c . T tirm y.ol!! wil l rnlJ QJl'OO m.e ood come and proy t o me. Olld I wil l I is:te11 tlil )"li'tll. Yoo fll!'ii l seek me m\1d fl111d me wlrie n )'61.1 ~.de me W'ith 11ll yoar h emrt ." J"we:m.iah 29·11- 13 I'm sorry , I und 9Stood yo u ·;·ie re the i s.ti n g agen t. I .ha d the same-in""o tram the lax. assessor. you r res ponse 0 •Jan 2 . 20 4 .. a 8 :39' PM. Sar.a n N orman < ·nonnan@aol.ccm> wro te: an ks f · r. Giiffrn. altachEd is th e · ,fo · ~a 1ioo w e :-ve . H'o pe · lly his, will 1elp 3, LOT ·15 & 2 ·-. O F 1:6-!. NOllhi ng I ~r;i Cel!s us. how 'Jlol ide the tis olher e pperty is S CC 2225 .. ft. w -his 8rJCi : -acre .. -- f£:X T IV'E -- --. Sarah r1J'o rmani !O rQ fl.'m'R~;;ino:r I! C .I&. L !!; T .11.. T C. '379-t.. O-B OO o rn::c 979-.31 .1 -8'39] F&tlr J:lhn g Er ·.:in Co ll ~~ S b ti an ·-·neo '1'~rd A1 A li rn ~ e£rll:r' HOMES .11 rrn Glll>:DE WS RE:J<L ESTA TE f'r":r-::r rc~ LJYr ni;i 1 :!':0 l ~o!! ITCf1 fl.d. 1:::ti lle3~ S.jl:!LiJ n, Te11~il 77B<l ~ 0 ht:_,,...,,.h l;.i l ~lf'•~hl 1, Owl d (4 -op .. · .. 1.111 S.ara h N-0r m a n -Exc c utivc wit.h N u skin Intemationa.I 979'-Tn-2896 http : //wW\v. Sa~J1tNorman . n:cdrc.c m::,. com/' ~ nteres.tecl ill owning, your own bu s ines s : https:#1NVM' _I rzemeet inq. com/replay meetingfaJneteilmgl oba1'2'43 7294 "for I :koow th-::. p.la111:;; I .hm.·c fit! yoo, pt.o.Jl!S to i!Ml'@SIJf'J' )'1311 «OO oo't 1u iharm yoo, p lMs to 9Fv€ you ,;i hr;pc ood o fu1iw4::. Then yol!l will coli UJl'Ol1i m£ •Wild rnmc and prny to ·me . and I will 11stt:ri tUI yoo. You w.i ll sc·cl". ffl'b!: oo.d fi111d me: wilrieri y-1111.1 seek 1me w:itih an fOIJT" hoorrt." .fcttmimh :29·11- 13 IF!!g1@gmail.corn> D evic~ Name: Belter H emes & G,,. d ens Attachment 3 Survey Plat of 127 Lee Note -set ba cks and in creme ntal street ROW SURVf:YOR'S CERTIFICATE: I, BRAD KERR, R.P .LS. NO. 4502, 00 HEREBY CERTIFY lliAT TO THE BEST OF MY KNOWLEDGE THIS PLAT IS A TRUE REPRESENTATION OF A SURVf:Y MADE ON THE GROUND UNDER MY SUPERVISION AND THAT THERE ARE NO VISIBLE ENCROACHMENTS ON THIS TRACT EXCEPT AS SHOWN HEREON. THIS TRACT DOES NOT LIE WITHIN A DESIGNATED 100 Y£AR FLOOD PLJ\IN ACCORDING TO THE F.l.RJ.I . MAPS, COMMUN ITY PANEL NO . ~8041COH4 C, EFFECTIVE DATE: 07-02-1992. BRAD KERR REGISTERED PROFESSIOIW. LANO SURVEYOR NO. 4502 / / / / / 1/2 INCH IRON ROD FOUND -CM N/F NIB Z ASS OCIAT ES CO. 0 .3 ACRE TRACT 3217/32 / / / / / / / / LOT I BLO CK 1 HOLIKS RESTRICTED' HOME SITES 104/450 Deed . Restrjction 30 'set back · SCALE: 1" 30' LEGEND: AERIAL ELECTRIC LINES ___,.,..._.... __ WOOD FENCE ---fl---ll---il- BARBED wme: FENCE -x--x-x- CHAl N LINK FENCE -0-0-0- GRAVEI. CONCRETE 1.-:; ............ ; ..... . BOUNDARY SURVEY PLAT OF LO T 15 AND THE NORTHEAST 1/2 OF LOT 16,· BLOC K 3 OAKWOOD ADDITION VOLUM E 821 , PAGE 520 COLLEGE STAT ION, BRAZOS COUNTY, TEXAS C~ -FOUND AND USED TO ESTABLISH PROPERTY UNES . BE.6RING SYSlEM SHOWN HEREON IS BASED ON GRID NORTH AS ESTABU SH£0 FRO~ GPS OBSERVATION. Prev ious· home 37. 75' set back SC.ll.E: I INCH -JO FEET SURVEY DATE: 08-01 -07 PLAT DATE: 08-0J-07 JOB NU MBER: 07-578 OD tlAldE: 07-573 CR 5 F!LE : SW OOO (cont); 07-578 (jo b) PREPAREO BY: KERR SURVEYING, LLC SOS CHURCH /\VENUE, P.O . BOX 2e9 CO L~~tA&fg\ ~l l~841 Fro m ~ }e iifec Pl!z fmsj fiq;jp:<tz liilcsp;sgg%'] S-::1T11t; Th rsdi:l 'i'r J<mu,a ry 0·9.,. 20il4 10 ~11 Pd;I, Ta: 'B"ll Fa U11 :.'.II ' Subjoect: RE : 127 Lee A«"""i"I Ue ii!.i i], Attachment4 J _ i:o ~rt i:.tti ;:t ~ 'V.£::. i~ :La ·n~d' Gs r:;ien f"ra l Su lllf'~iira ~nd as .:t:ti:e •i ""s:elb.a ks: .25'' fr-n't; 5 ' :;'d e ; 21Y r e air _ • ha .. ·e a:ttac iE-d th e o rigina l pt at o.f't.h<e som h o .a k\",,oo d su'.bcf!iii ision. 1N e do nt0t hai,re ·" s N~~· of t h~ rm:i~rty, wni '" 1 ma•,i b~.!l\~l p-u l gi·.i ~n tn::it til~ le g,a i -de~;:r.J'i'.Pf n .o-f th~ fir pe ti,i ~ cribes it as 25' of th e a dja G::mt lot. Base on t lie p~at, th~ fot w as origina lJy 5 0" f roat h11~ ma:!'{ ih aore been r ernrr"'"'u re dl b ase dl on h o~• 11:be ipropert:,.• •t .as deecf£.d afi alt .:;ome. 1poi n t. Th~r _are no histo1ica preservation orspetifiir.put l . mg t:'f!q :r81ll ents -om the il;itf_ TM H-torica Dis ict is o deiigna n t ;at .,. a.s; gtlfi!.li to the <ire a. 2 t~ the ry be r of cam llS' home;; o itpmes th.a: w e r e e o· b e firS:t ·n the a r ea . A:; fo r · ;:, p ro pert1; on Tex.as A\•e111.1 e . Tex a s A·,·en ue is .a T.<DOT ro.a d way .. so al • nub ans "mul<l \r.2 to, m ~t T. ~D OT spacing r eq i ements (I be ,li e ~·e it is 360' fr.o m t e i nte r5<ertion ~. The s ree·t v~id e ini; ..,,,a.s; a TX DOT p rn -~c soi£ rn a:1r ill ;m~ bee n left to ll'2 ut ifi2 ed lblf si n;g, -rcm1 llv ha.Im!!. U[t i mnel~1 .. noo i;,vour.d a·"e to v.-·e igh in -o n it . J.e nifer F ll'om: Bt '.Fa e tm3fl tp;Bjfl@cw•j:;:[§.c:p ml Sewt~ We d n~'Y·· Jan cir,· 66, 2Q14 11 :27 A To: Jenifer Paz: Su bject~ _2.7 1.:-e Aw=· r.e Hi .JeflJi fo r . I rrcprnsc-nt .a coopfo wlmo-. n a;,.•c .aira in h:r.ast in pur.c ln asing ·diis. tr.act o.f !ara d iin too South.side t-lis or,iCill D isi:tric.t of Co'llc_gc: Statiol'l. Tbc ~a-ga ls . are: l2:J Le e> AYcnu ~ O aA;.w o-od, :8.fock ::3 , La.t 1.5 & 25.' ,of H3 . ,gllY :typo of ;ti()cwmcnts yoo ~Jlflt !Jtiyc tfiat pcrtam t «:> ' . Sciliaclks irl ~·artlc11lmr. An~· d wroc:e ;r.;:.u ha Ye .a p al showing; tJil e, ·pcnrncterr of tho tr:act . cn.hal\'ilccd .,..~ith the· ·;;l o ~jgni;[llo d .;;ind rti;.Q 1Ji reod .:;,ctb-ar;f.:;, ·«o.u;'ld b~ GREA. T. My olh.6 are-®ocorne!J Ula.t .. tra.c , mcr·bc tptlll FJB n XM' to: construe a. rc.sl cncu ~:me.a ·thiC sctbacKs arc ac.torcd to the quatio1i1. ··T oo, a ·r riOA:" s. or; builcfirig r;BStoctiorru;: a-sJ lri1tow 8;f1 U{ldo'3,tamr.J this 16. in a, ..d csigJO:rt cd i storica1 dlsbiat Basica lfy . -svcrtti1i'i111g· and! anythiing you ca111 send me wi'l l e bcng-flc:ia l Ouc'5 ti!J'll 0111 a tr.a ct ·~·oo ave-!w iped m.c with irni the p9!St. The tract cin-,g at tlie · tcr~c·:;-Licm o f T·cxas f,,.,,•e . a w.:l IK r cndk fa p,_ c,ga tis ; Pr-opcrfy lD# 13225; M.R ccl:or. tre.cl 45 . 1.106.AC. My qt.m'.5tioo : tiiGrn I ~ em ~:(i:;.tin.g cu rb curt on T c:.:e~ AtrJc. CIJ)!;Jlf<O:X. l !(IQ' off the i ntcr.;~1:;,tioo . ~1iben the strnlrt was wicflsn: ed. rn ccfialiilS mstallcd a fong .,,ittJ Attachment 5 (page 1of2) From: Eli f d .we . i m : @cortie1s .co.m , Sem.t: 1h rsda1•, Jar.1ua r·y 16·, .W14 3~ l8 P r•l To: BJ! 6 rfffi Sub_iect:: Fr.11-G~ 127 Le= "= i-~1 :S~ resp ome °b;filow .from th!!!: eiti.r. Seems the city ... etbae.kr:; will · e p e cedene@ o·rer e ~u dir .. isi~m drl~fioms <l!:l the:e is DQ HOA to enfor e.. I can order up a title co:am:W!m e.n alth ough ITC gomer aliy bke.s. a ro-uple. of days. J can :requ<!!S t a R--SH. J!...:::. fo r the .d:iscre:panqr m .1;mgl:h :21i1d total. squaEie footage my imtial &oughts ilhie m eas ure-d where thie e xisti.Ei~ fence line ~ oc:ated The r5ell.7 e sfrip:-wke:ther it's. be.en. abandoned or s · · enf~·,r~ :;h.ould show up m titLe .• ~ for the replay I fie-amre ·&is has almadJ• been. ac:comp ·::med a:; the .eg,al: st""...te ;:in.~ 25' of 16. Apiin thio; willpop•up· m title . • .:'.l:s for ilie F1:om: Ji:nif&Paz:<jpazt~r -:;-tx . .::ov> D.at-e-: J.an:uaiy 16: Wl4 a 1:07:42 PM CST To0·: '.Bill .Fallw ·, ·::.Bill,£1!>co1tiers.com:" Subj.e-ct : fil : 121 Lei!' SlJ.Tlj,--er Ml, L 111:£! prope!rty was or ig iril il!ll pl at ed as 50'X153 '. In dtes::e a · enllbdivisio n vaa '"'i ili11 d tha t ma n'· lats .ar e portkms of ot her liots .iin dl t ll'I:! d'ee.d ed l ot is c on figu r-ed' d ifferent: than hoo'o' it 'iras s ub cfr .. ided. od'.ay, prnp.e:n)r Gllfl1J.ot ibe trai1!>ferJed in t his llila n11 er it must b e roes11 b<fr.ri de d/re plc;t be fore tr.ansf.e r ofcl eed. As fo r .. ,,n.,-t is sho•l'm on tt1e ap:pr.a:i s al distri ct a:s aifarrge,rlo t, I'm not su ,e__ Th is · vould .liai~·e t.o b<!! dis.puteli w.itih rhe appirai:sa1 d"IS1T i ct. 2. Thie r~r.·ed tr.a ct: a on;g tb e· rear ~ fo r uti fiti es. 1t is :a1 15' res--er .. ed1 striii p• fo r ut i rties maintain-e d b·,• the ci ty a nd was d e 1GJred Vi.Ith t h-e f'lol i k :Su bdN:is ioTI to ·;Jhiei north. This r e.se rve. stri p was not pa rt of thie SoiJit h O<a k•tro odl .s ubdi'.•is.in n. 3. -e lot d ept h 'i'ias .ori&i ll a'l l'f' pfatted as 153''. I've atta;e:hed ttiie o ri1:1;i nal p la t ·we have. on fi fe.. A · itle se-a rem ia v arJ :s'w'l E.r :rorne of he que:sll:i•Jo:ITIS ri!'.g;a:n:l ini; the deeded c.on ruration of ·this lot. To my lrno wl edr;e, tile r esenied tnct has run been a balbd on-00 by the city. a. 1 e ( y· d~f'.s not enrfo rre d ee lill re.strk•io ns o nly 1t"ifhilt ttie oralimince r eq ires _ It the dee d re.5tri-::t io ns. a re :Sti ll a p,pl it:iib l-e tm e1 t ti a f e;g:a ~ q uestion . that wau ld need consulting fr om a reaJ -es: tare attorney. Deeds .are e1T1f0orced by th e HOA, w hich rnaiy not be ;a:Oive in this area. JeT1 ifor Fr-o-m: IBilf falfwe l[ [m 1lto:Bi ll lf.ico1ti·e rs .com] Setillt :. Th -... ; s d a~·, Jesrrua ry 16, 20iH· 8 ·:'.57 .i!J-1 -------------------- TG : Jenifer Pa z Subj-ect: PJ~r.: 127 l ee Sun•ey Jenifer, I , Attachment 5 (page 2of2) I qcizzed ~ GU ;;i.sit -week ~ i·ieg-.::rcb to s etbacl:s on itiui..s tract ofla:nd in CS and y ou iriesponded l\.rith ilie fo lov.Il.g:; Th_ p ro pe rt ~· iit 127' ll>ee A••e. is 2 111ed rG:S Ge!fller.a l Su b urban ;and ha~ tne ·"o11 m·~i n,g Sie"tb.il.cks: 25' fro nt; 7 .'5~ si1:1e ; 2(}' r ear. i ha 11e attached ~he o.-igi n a f pl:a t orf d~e South, O:ah\food :SUbdivision. 't'Y'e do oott have a s r..·ev oft e p o _ rty, '•"'hi chr may be !h e f,pru l gi .,..en that the lega l descripbon of tbe p ropie rty de.scr.i bes it as zs· of the ;a<djacem IGl't fla.se a 11 the pl at, th ii tot ·If.Ila:> ofii;:i aa ly sor rnmt t:Ji.n may have b ee n r eccr;1fr g re d base o n h ow the propern · was deed~ off alt .some. jpoii nt. There ar e no his.1:orica p r.::>e rv.atii:m 1:;-r s pecific builrd'j ng re q u ire.ments f om the oc:ity. ·The ttis'to.rica:J &istTict is a d'i2's.igraation th:at 't!d..S: gi•t<E!:I t o the .ar e a due to the n mbe r of -ca m p us oomes and homes tl:iat v .rere one of the first ira the an:ii:I . I obtain~d ;a copy of~ pre.-;..~ous :;:u1rvey although it '.:>hows. cmd o11d stmic.tw-e ~nit,, bu; it doe::;. show ::.-:tha cb ;;in.d cb.me:nsDa·m of the laL H iz .attadie Cl ~ELS fioom :my ~ve: buyer: A r.•Jm l:ter of q u estio-M -0w tha tt I ha1re l:oo~red :at thi:s: :pla t. 1. It is 15 3 :< 75 = l.l,4 75 :>f .. not 1z.--::; sf as on itax mies. An.~· id eas 11my? 2.. Gan a -~o n e exp la i lil the :r es rerve.U tram be ti ind !ttle t.ouhat doa'l :Sh ow o p on :the tilJrl appra6:er's plats? 3. ot lent; b -1 5 3', s ii;n · iran tl•; t.es s 12:ha n t he: 1'65' we expeaed amt the ll60' min-m um in the c-rrtTact 4. Tile .sell-backs you J!Jro~i d ed we re from O;>lf~;e :statio n. bu t t he deed restriction> are much mo re p iO . ib · i·,e. Is tib ere a p r oces.s: tci get ex.ception ·tro the ~ l'estrictions amd a re allowed t:o b:u ifd u n.d er cs guii de r-in es._ vV:hat i s the r is ii: vie. geti: denioo? Carl 'p'O UJ ans;wer h is que:;lt ians and cc:mce ms. Than s; again ·or al l you do !! ~dt ?~ e'fi!S. ~l Cortieil"s Ilea.II Estate :J,ibioo E -•urS R .udc1e:£· :Fcoeewa:)' s:te. i: oo Co0 ll@g@! 5 ·tanti010't TX 7784i '979•98!;··~&·:t:.O· O:ffi ce 97'9'•Z ::l8·89~6. ~e.H 97'9'·98i'·s,;9& iax ww"'°r .llii:iU f~Hwell . .co m Pleas!! did. ·on th:~ fuik t.=--1ow for InfO<rm:11tiio11 . Ab.out Br.okl!nge Sl!n-:iic'6 mm..iamil by :JiJJa·. http : ... 't\"MV.IJ'ec s ra1e n:usiptj.£." ornml OP-K:pdf I IL Attachment 6 (page 1of3) UNVERSITY "JITIB COMP,a\JllT ~·· By'. ' r ·7 -.. ~ -- .Kuy C. Mt1:sOU1nn;EKIUW Offipci !Notice of Confidentiaility Rig Us: If Y·o·u iilte a 111a trnr.:a l pcr:sor1,. you ma;y rr.emrovo or ·stri -~e ~ny or au of ttile fo1lll ow1n9 f rniforma~lolll from .;;i ny ~·rl~1ru.11~0111t t h at 'fr.i;11J1:t;f-c;>rs :m interest io .-~.;:d prn~lity befor.e it i5 . ·medl f.crr rnc·o di illi the public r-0eor·:fs~ yo11I" social security n umibe or your <J ,river ':s ~f.ccnse· nurmberr . GE~ERAL.wARRAr~TV D~J;D T ra:;t One: FeeSlmpte '2014 DENIS'E M. BERMUDEZ al~le !D ENISE BEP~MtJDEZ , a 5 j n:Yi~ pe rsoo \lit.I LLIA.M M GH I F.FIN and DEE-ORA~-1 L ·GR.I FFI N TIC NIAND N0/10'0 t:•Ol.U\P.S ($10.•JO·) ;md:atlner gooorl' ;and u•a l uab~e con'$i:der.atfon Lot Fifte-.e11 (1 ~ ;:iunli the 1u:lj.a,ceot 'Northv.lt:}S.t 112 ot Lot -~ixtaen ( 16-), IBlock Th ree (3J . Oa~we)l)d A<ldil io n. C i1y o'f Col l'e_ge Sta lion. accordrng lo Ut~ pbt t erieo f :rec or d ed i n \1'ol.;1me az, f'a:Je ,::i~o, Dt!t:d Rt:w-.J:!i., 8r-t::z:Q::;. C·oulf'Lty, T exa:i.. T r'.a ct T n o: l\ccess Ezrnem;;;?nt 25' l.·,fade P1 f.1.•::<tr=:. Pe rman1:."11G , N-on-E:xc lusive rper pe'l111al ea~eriren 'for velrl ii;;war andl pedeshian i ng1ess, e11d e~ress a:s des.c r ibed i n Access Easem~n1 t rr eco 1dedl fin 'J'olun e s.·2-0tt , Page 1U::!i , O fficial Reco-ds. 13 1 <.fw~ Ci:runty, Tc:'li'.!l~. 1\1011 0 Ii Attachment 6 (page 2of3) 1 j R e s:rk:ti•/r? (:r::ive;rl~nt:!l. nf rec.-.JD rdl ;f1iS foJ[m~: T ra,c: O tle : \oo Au me H2 . fa~~ 52-0 ; \/o lu r10 ·13 ·~, Page 17 , ·and V oriu me ·95, ?age 25-1, Deed Records. 'Brazos Couril y, T·i;.xa s ~ X· Rif.J hl:f. cf U ·if d pairtie :s l o ~he wsf: a nd b enefit ss {IJ) llt1;0 easement 1r.t::!Jle tt6-tl o n S ed1 .. ile "A." f."ra c: Tw·::<1·; J} 25 ;}ifl ~· ...,1 6"5i . :<.:"" . C•l'li 1€!· ·!';C tl \l-'8 5 _ I( JI~,. ciwld s a th e.;irs . :5~de !i ; S' ~ese!ve :5 tfip se U:i a:ck ainu:il 20' s;:tbac~ oo frve tf11orthe;a sg '.Sii:fl~; as s e o Jt oo p ~a 1 i !E~o oirU ei;J· In '/QIUITTB .62 , iPi::llgt: 5 2 (•, D i;•;rd ~:c•c•:<1rd~ • .IJ rZ'c:Q~ ·'.::;~.u n ly Tc xr.r :J·i 0z :i S-l~ o t ini rns trht tio ris. ro ic ord~d in VolJm t1 ·1;31 , iP~e 1771, Dc.-ied R eco ros , 6razoo Gcunt'i, T 01:as : as 'hown -o n. s u rny ;p repa r ed! on Au!Jt lsl 3, 2.·J0-7 , under the 51ll pe o1 ss.1 on o ~ llj ad K u r , F:.PJ -,S.. -f-1 5C2 1;li at;:• 0 fl <.·}; 4 _) -en ::e re s ou sr·~ '.;'.! -,e prn!}e l me J 11 ~ 1 (J ll 8U r1e~· p repin'<£i:!Cl i;;:.n P.ugus -3, ~?0 0 7 , 1..mr .. k::1 Ill ~t! :::.u pi:.:rvl ~ii;;.m o. Orr.ad ~(r:::rr, rt r . L G_ #4 50 '::1 { ra c t C1n P,j : 5) Eas ,,r11oo·t k a Co ~li::i g;;-Sta "i olil lndGp u rtdent School Oi s'!Ji ct _o Ci ty er r....;oBe ge .!'A•,t i ~,,..1'1 d u bd &:::ptc;mt,~r 2 0 , ·1 '[jiQ3 , r~r;¢ri;lc-d irn Vo l um~ 1 00. ~, P~EJ~:-i ·1 fi 1, O f.ici;:.3 1 Rernrd5. B r ;:!I ZOS County T~?x .. ~s ~Tra ct n·1ro)~ 6 ) .1JJ.ffid a •.,1 i[ on 1-'f·B!:::.cr ~p .L~~·e Easem:en t om lL.e um:mJ C. V 1/i i jj m~ ;;i ~1d v.·i'e, J ~n~ 'i,.;lJm~rn s . lo P ub l ic :J a t·ed A.u'lJJust 12. 1994 . re "C oirde d · Varun-e 2 183. Paq ~ l 54, if)fficiaJ Rec.vrds > E.ra z os County. axa~ (Trnct T'i\!·o); ~ ?} T s r.rn1 ::s., C>L·rri;;f ij tk:•n::3-, 1md S ijp i:..kd riG nr.'.• ~n !he. P ... c-::ess E~J1''1 •1Tl{lff 1; -~Fee m en b :t (:'! -i.il 1b~:~hve i:::11 Leornll ~. C. W'il ff am:a; a rj J an ~ \l\!i llianns Bri d De ns B ~rrrnwde.z, et. al , dale._. Sep te-.ff'll:t e.r 14 , 201ff7'. 1acorded fi n \l o ~ume !i:..!1:5 +., Page j ~J B . Olilllc:·1a1 R.e w rd:s , !B <Ui;..1;:; c Ot.J lfl f'f, V E X-Ell9 (Tir ::e:"':ti -.\Vfl'.,1 : 8"' Roadb ed M .ai n tenance o~ .4.c ooss Ea s ~nien l r ecorrded ~n V d u ma-8".!~4 , PagE 10.f., o rrrm al R.i;icm . ;;. BllGILU :J. C i.;iur:i t)', T O'ili:~5 ~n'!l•'.:i t T .... 10 }; ~r~ f·.•l i ~r::m E R e~.enr i;iC i o n in Deed ll)I C ~llegie Stat ion ~11(;epenoon t Scho ol D istt:ic: p ev io usry kn ow n ~· Bo;asd: nf -rt.£Sl.ees. o·~ ~e /J.&M Cors.o tl daite a 1:n 11e~noe 1 ' S-7~bou1 D ~~~1ii c:: ~o Or .. .n.r c: L 1))~11-,.en d ated .Sr:>p til:'1 m h P.1i fll _ S.JQ.:1., recX;i rdl ed n V (!o lu me 2 203 , Pa.Qe 340, C ffiai ,11 Re.c o ·ds ,. Erazo.-s Co 1..:i:1ty. Te x as ffrnd ; Two). Gmlilto rr. fot th e Cons j r:fo.r a.t i•)( .;i 1d s ~b1'EDt to ~11 · e i{es.e n1a ~ions 'fr orrn Cml ·.re·~a ~re ar.d th !'! E:..: .e pti on!( to Gonve~ra n ce a-11 d ~Narnmty , gJanvs., se lls, ~nd1 c c nva~,s tD G r me ~ m ::- P mpe1ty, 'l';::i g a ·'her 11.·ith lll ~I .:1t'ld r.1ngu l:srr f• Gl ng t 1ts;: :anc .sppL~r:f,i:Flfl~.~~ -hP.ff! o i 1 ar:w W :t:if b i;; u n g in g , ~.o rK11.·e and :10 !hi ord it to Gi'sn ~oo a ilol G rantee"s he ~F$, .su cces.s QTS ,. a nd .ass~y n.s fo re'l.i·er _ ·Gra nter b ~r d -s Gra 1u 1lf atld G ~a n ~o rs ·he1rs .ai;id. e.ucc~ur'.li l o w ~ffil ll~ ar.1d k f e v -t:r od ;::fe-nti ~1 1 :;;i rui s.iill'{ll LJ i ait ttle ProJJe rlJ ~t to Grnnte-e a iJ G t ~ntee 's ileit s, su::ress m~. am:l1 .c.~s ig ns ar0i i n ~a ff'J.i;t ry person 11J'JOms.o e·1er l~wrully c la im ri g o lo dlai m tfie sa rr10 1oir any p c-_1 LI 11;;!1 t:ui , ex•.:.e pt .~:!-·t-o U1t: Rc5-::tr.·o.~lon<r; from Co nv~y ;;ii fl c,e ~n d H1 8 i='!'l'r.JP.JD l"nlil s. to C-o 1l€y a fl·CG an d V'la11r(JJn ty _ ~,.•,'h e n ti' Q :;::o n e .:d re lf~u l r~, si;;ngul a r riouns. ~1d r;rono uns in i;;:I Jc;lia th e p lu 11;t I Attachment 6 (page 3of3) .t..d n:i lorem taxes for tile •curre nt year have b@en pro rated as of the date of d'eriver~r af llhls. deed, and the Girante0 lby tlhc irr accepta nce here of oovernan"!s "'""' .agrnes. fo pary a m adi vaforiem taxes u p on the p roperty f ro rn and incl udililg taxes for lheyear 2014_ DE N,~SE M. 13'ERF~EZ ail k/a D E HISE B ERM UD EZ P~.· I I GOJNlY Of v i_ ·10 c, , >-.-.r~ Thi!S i nstrument was acknow1e dgecl befor e 1"(1e on) the ~{,} ·-day of Ja 11u a ry, 2014, t iy DENllS ~1. BER:l\11UD<EZ alk/a. DEN ISE BERMUDEZ( ·? ,1 II ,'? /." I ' J .... ''• -·1'~/ .: ~}{ "e'~"-.... -r ~\J,1 -//f'"'_.,,-<!ft ,,/ N OT.ARY P UBLIC, Sta e of exas ----..-.,, ~ECJP.1;miG P;\ID FGR EtY· LJTC1.tlti26'9 AF TE:R HEC.Gfi!J ING IUFl:t~ R o. IN't \'ER5ffr' TI T LI:: COMPJ..tiY 1rlJ~1 Unr.-en L1• 01i\lo i;g~I Gc n:>ga S1alio11. ft;~ , ·;rs.:,o ilF'f !:£ 1~1. 5~M I,, )E':i:. ;i,1u':i Di!tllSt; BERMLIOEZ, 9 ii~li: p~1:;cm 'lu 1,',l'JUAM M . r~F:JIT I N m1 l=EECR.f..H L. GR.lFFIN ,___--J~- ) PRa'/'.IRfO It l HE U..W a l"F IC.!! OF" HCJELSCHEP., Ulf~·:·, ELMORE<'• pf.)1:;11 . -. P.C .. 02.1 Unr111rs11y U 1i\'!l lf:Ml; ·Ccl lr.pc S l ~li o 11 . T.i<A~ i"7 U4 0 WCUBR lJF.E!l11 Cr'BERMU~Z-GRl~f l N-1q02Q.!I Attachment 7 Ordinance Language In Sec. 12-7.2.D.1.e, of the City's Unified Development Ordinance (UDO), Required Yard (Setbacks) states: "Where an existing Jot was created by an approved plat prior to July 15, 1970 and the property is designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map a new (infill) single-family dwelling unit shall use the adjacent Jots to determine the appropriate front yard setback. The new dwelling unit shall be set no closer to the street or farther back from the street than the nearest dwelling units. Areas zoned NPO, Neighborhood Prevailing Overlay District are exempt from this requirement. Setback for areas zoned NCO, Neighborhood Conservation Overlay are stated in the specific rezoning ordinance for the area." Ve ry diffi cult to connect this ordinance with t h e subje ct lot. Th is is like ly t he re ason eve ry i nvol v ed party, inclu ding city person nel and title company did not recognize th is more onerous re striction . ... .i:..) '· (::} . -~{'•J. . -',./z::... ""Q .. ·-.+!'., . ···'L-(~···. .---. F. -· G, ..... ",."";. ... • <. '· ~~:~)'' Oakwood -Lee Avenue Lot/ Home Summary Area l ni.er meoi a ·e 0c · oo Gre.M ive P b ~i sh i n ! Attaeflment 9 " : ~ :oa:k~;ood ~--Lee -_Av~nu~ Lot'/ H~~~ s:d·rntharv Area *Estimated 3o::3.s' set bac~s Attachment 10 Lee Avenue -lmmediate ·Area .. "*· Estirnatec:! 30-35' set backs fl" Attachmen1i~1t3r I .-----------.------------------. I Oakwood -Lee Avenue _Lot/ Horne Summary I O'AKWO·O·D SUBDIVISION -LEE AV Blk House No Width (ft) Lot (acs) SF Appr $M Built 36413 a 103 Lee 73 0.2732 912 $220.6 1949 36422 a 211 Lee 75 0.2634 3,121 $422.8 1938 36419 a 127 Lee 75 o.2806 -SUbject lot 36423 a 215 Lee 85 0'.2986 2,625 $352.1 1935 36420--·a 201 Lee : .• ~ 97 0.3630 -2 .. 1~6 : $330.9 · ' ~fg50 :Adjacent lof -36414 a 107 Lee 100 0.¥3742 6}98 $996.3 2006 36415 a 111 Lee 100 n3742 4.475 $570.5 1988 36416 a 115 Lee 100 0.3742 5,530 $760.3 1935 36417 a 119 Lee 100 0.3742 2,452 $338.1 1938 36405 b 126 Lee 100 0.5319 5,368 $781.0 1944 36431 c 210 Lee 100 0.3329 2,885 $390.4 1938 36432 c 300 Lee 100 0.3329 3,068 $340.5 1956 36425 a 307 Lee 100 0.3512 2,382 $287.0 1937 36435 c 314 Lee 100 0.3329 2,B18 $371.1 1960 ~64~8 a ._ ,, · 1'2s · Lee ,, '1 ";f 10 · o.:f9ifo. -~ ··3;581; $4.95~Q. /"~ ·;949 Adjacent lqt " · 36404 --b--· ·120 ~Le'e f'ls 0:5682 ·· • 2,1sf $428~· ·--·1944 · --· 36412 a 101 Lee 118 0.3555 2,078 $.307.8 1955 36421 a 207 Lee 118 0.4145 4, 169 $442.5 1950 36402 b 104 Lee 120 0.3444 2,051 $321.6 1944 36429 c 200 Lee 125 0.4993 4,128 $701.9 1960 36430 c 206 Lee 125 0.4161 3,714 $534.2 1956 36424 a 301 Lee 125 0.4390 3,144 $382.0 1936 36433 c 306 Lee 125 0.4161 3,385 $400.0 1936 36434 c 310 Lee 125 0.4161 3,452 $369.4 1938 36426 a 311 Lee 125 0.4390 2,10'5 $365.7 1951 36403 b 110 Lee 140 0.482'1 4,672 $707.3 2006 36401 o 100 Lee 152 0.5234 3,572 $457.0 -1955 COUNT: 27 AVERAGE 108 0.3912 3,365 $464.4 1952 -orig'i n:al :M ess:a5e.- o m: Jami@! a·1J rt: Jrf.i.aiit.O:i· iijf<k@S.nd dieni mk.net1 Se ,t : T hursdi3"!i', Fe b rua~r 2:7, 2014 ~:3-2: P M To : s·1 1 G r iffm su bj.~ct : 127 L~e D _ar Bi ll, Tlltank 11ou fo r you r l'E!tt!i!!'T oif elJrua r~r 17thr u@llf.nl~ u:s -:a'ba ut :0 {P la oo: t o h urkl a .home nex t do~r to -o ur s:. Attachment 14 Tfura rak y oll :a'lso fo r indimil in-;: v.tith ;rour ! etter a cop·1• of' the SUPl'f:W 1P la 1tfor o t: 1 5 a nid toe No:rtib east 1/2:. o ·-ot o, B loc~ 3 GJia ki·mod Ad~fi~w n-otllier•11ise ~n olt'l'n a!S 1z.1 Lee A:t en , co ll e~e sra tio:n,. exas-a d ·ror ln d ud Ing a pho0to -of :a Cra fts m a n Stifle homoe w h ic h is s i ila r :to the h ome )'OU p1 an to lbu il d 0 111 'th;e lot_ v .. 1 ~ un de r:st;;i n dl ma t ·~·o ur imew mom ei is fb ei 11 g {fE!.S ign~d '' •it!h ma v ajms -mir1 d: to m~et the· needtS= ·of y-ou r family of c ou;rse , bl.lit :a l5.::i to• p r~e the ltistorici!JI i n~ity o:f our ei5h iorboo d :and to compl1p1,i ith t h:e City's b ui liding re ;qj ui rements t{30it.. ~'b:adks :aJlld :a r I. Th~ are sure :s:1 gns that ~·o u r famtl 'f and yo ul' home ·.rrm be '>'trJn derlu ad'ditio os: to tll.-e neli gihb0o:rfwo d. . . a · t"liat ii; is requ'i red llit1 ·for the neoord . 1,~e <1 . pro• '€'. of your an s. f im a nid I a pp roe oiile· tml'!! CQ(llSi&eramon ll'"CIUI :a.nd. cOeb b ie h ave :sh orwn UIS,, ir1 roo a c;iog \fGIUrse 16 SO :S--0 0 a er · ou ~l o:Sled cm ~h e pra>;p ert·r .and no\\I ruotify·jag us o·f your cG<nstiru.cOO a p la nr>.. ltile CJ \'.>,... ... a.rd t oi , •o ur m o .. 'i ng ;in, ·~ :eth-.e.r fo r .a iootba11 -~.,.·ee l!i;endl <Or if Gr your IP err:n aaent r.e · rellil>ent h a m~. IJi ;he ITT E'.imtfm.~. feel free t o a:~n·ta ct fil if t h<•"n? is an·;t h ing w e can d\o . 'D'O lU S t U l°~'r T ish &J ~oo Attacl!111111e111' 11: Survey Plat of adjacent l ot 125.Lee Setback estimated at 45' '/,('; -·--,, 3 rl 12.5 L££ AVENUE v· Attachment• 12 . I Tentative 127 Lee Site Plan -Heated & Cooled 3069 sf ------------------ -----------------· ---------------_____ r ______ 1 ... 75(}:;r21]~1f':!--r-----------r_:--, .--'.·:·_:(d\L::-: \ I ! (J -• I ·· r~'".-~···"-.c-c· 1 I @ I _ .. ·:··:··-::_.-........ : :· .:· ·-· i I c ~ I , .. :···t.. ~".,•'-1 0 Ox 1 "I I "l-., (... I I :. ·:··I·. I I • <S' fe I·:·< -r : I (><"' ~ '. · I: I ; , '-r, Lot l 4 : .~:.::.-.-~·f~.· i : Lot l 7 uC'(),: I·· .. ).. I I Cb~ ' ... -~1· ·.j< ~ 1 ~-~~· = -~I :/"'s:i· ~ I):: ... , . 1 r 1.0. -, : .. ": .. ·::.·; : l ~ ... ··1. I ,,·". .I.. I I, .,. ·1: 11-_:;·:l ·:": "t_:. I ·: :.·· ::-:. I .. ·..]-\ I I . ::-~~.~~-·· .. . : .. ,,\ --' ' .. ' " ....... :.,. . . ·._ : : ··:~;.~~~ ?-~ : :_7'.~Pof?h. at~~~~~~~! ~-~t;;~: l j Ll·: .. ,·": ·.1 l o~en \)t>V'G . ' -, ----------~ ---."·>.:l _ ~ -------------------} :": ...... l 1-.:r Cl l .. ·, ... \ 12'i'll( 0 ··" · ... -:~ --l.ee Avenue = :3 ;£ ,6 11) ~;;, ~ [::(> ~ ~i ~r;·, .... 3 rn cQ ;:;~' v ft E •10 al,.., .... £ ... p I:~~ -q';: -:::.. ~ c-, f!t., I;.... t_I) rt: V-"~ it 7;; ~ ./· Ii)~ ~: Ii) 2 ~~ I[) ~ .,, !") s-·~ ~8~ t; ~ ... tt: ~ J L "'· ',D 5 ~'..j ~ 51t< ~: .. rn J. .• -!'-()' SP I FOR OFFICE USE ONLY CASE NO .: \(.\-J O DATE SUBMITTED : 03 l'j\ \IL\ TIME : 3·.y5 CrTY OP COLLEGE STATION Home ofTexmA&M University ; . . STAFF : A;:f ~~------~ ZONING BOARD OF ADJUSTMENT APPLICATION I MINIMUM SUBMITTAL REQUIREMENTS: IS21' /$350 Zoning Board of Adjustment Application Fee. ~ Application completed in full. This application form provided by the City of College Station must be used /and may not be adjusted or altered . Please attach pages if additional information is provided. ~ Additional materials may be required of the applicant such as site plans , elevation drawings, sign details , and floor plans. The applicant shall be informed of any extra materials required . Date of Optional Preapplication Conference ADDRESS 127 LEE AVENUE, COLLEGE STATION, TEXAS 77840 LEGAL DESCRIPTION (Lot, Block, Subdivision) LOT 15 & ADJ NW 112 OF 16, BLOCK 3, OAKWOOD ADDITION APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name J. FRED BA YL/SS E-mail jbayliss@baylisslaw.net Street Address 3000 BRIARCREST DRIVE, SUITE 302 City BRYAN State TX Zip Code _7_78_0_2 ____ _ Phone Number (979) 693-8361 Fax Number (979) 693-8365 ---------------- PROPERTY OWNER'S INFORMATION (Please attach an additional sheet for multiple owners): Name WILLIAM M. & DEBORAH L. GRIFFIN Street Address 6400 WINDCREST #823 E-mail bill.griffin@petroharvester.com City PLANO State TX Zip Code 75024 -------~ ------- Phone Number (214) 618-7525 Fax Number ---------------- Current zoning of subject property R-1 ---------------------------- Action requested (check all that apply): [8] Setback variance 0 Parking variance 0 Sign variance O Lot dimension variance Applicable ordinance section to vary from : JUDO SEC 12-7.2.D .1.e 10/10 O Appeal of Written Interpretation D D D Special Exception Drainage Variance Other Page 1 of 5 GENERAL VARIANCE REQUEST 1. The following specific variation from the ordinance is requested : A 30' setback is requested which complies with Deed Restrictions and ex ceeds City of College Station's setback requirements. See attached. 2. This variance is necessary due to the following special conditions : Special Condition Definition: To justify a variance , the difficulty must be due to unique circumstances involving the particular property . The unique circumstances must be related to a physical characterist ic of the property itself, not to the owner's personal situation . This is because regardless of ownership , the variance will run with the land . Example: A creek bisect ing a lot , a smaller buildable area than is seen on surrounding lots , specimen trees . Note: A cul -de-sac is a standard street layout in College Station . The shape of standard cul-de -sac lots are generally not special conditions. Size of Lot and resulting build-able area . See attached. 3. The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial hardship is/are : Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements of the law . The hardship must be a direct result of the special condition . Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot , when compared to neighboring properties . Inability to adequately use Property and need for 1-story due to health conditions. 4 . The following alternatives to the requested variance are possible : A 30 ' setback which exceeds City of College Station's requirements. 5. This variance will not be contrary to the public interest by virtue of the following facts : Ex ceeds standard City of College Station's setbacks and is consistent with the subdivision . The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true , correct, and complete . IF THIS APPL/CATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the owner. If there is more than one owner, all owners must sign the application or the power of attorney. If the owner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf Signat w4.f/ ~ 1 -).. 7-1 'J' Date 10/10 Page 2 of 5 Variance Request -127 Lee Background Subject lot was purchased by Bill and Debbie Griffin on January 30, 2014 . CGM Home Builders was retained to design and build a home honoring a 30' front setback as outlined in the deed restrictions. In early March, CGM was informed that an unusual city ordinance negatively impacted the 30 ' setback on this specific lot and is the basis for this request . Intent was to build a future retirement home as a one story house due to mobility considerations . Debbie Griffin is scheduled to have unicompartmental knee replacement surgery on May 5 th at the Texas Center for Joint Replacement in Plano, Texas. Plans were for a quality, craftsman-style home to be esthetically consistent with the historic nature of the neighborhood (Attachment #1). The previous "historic" home at 127 Lee was deemed not salvageable by the previous owner and torn down more than five years ago . The lot has sat vacant and has been listed on MLS and for sale for more than 3-1/2 years. The lot has been a long-term eyesore for the neighborhood . • Recognizing the lot was abnormally narrow, there was an initial direct inquiry to Better Homes & Gardens (listing agent), requesting specifics on lot dimensions and restrictions . Sarah Norman with BH&G provided a copy of the Oakwood Addition deed restrictions, which specified a 30' front set back (Attachment #2). Later, and prior to closing the seller provided a pre -existing survey of the lot and prior house . The survey showed a 25' front setback (CS) along with a 30' front setback (DR). Importantly, the survey plat shows the setback of the previous home was only 37 . 75' (Attachment #3) • Due to the desire for a one story house, the expensive lot price and small lot size, additional confirmation of the lot dimensions and setbacks was made through the buyer's agent, Bill Fallwell with Cortie rs. Jennifer Paz with City of College Station responded through Mr. Fallwell (Attachment #4): "The property at 127 Lee Ave. is zoned GS General Suburban and has the following setbacks: 25' front; 7.5' side; 20' rear. I have attached the original plat of the South Oakwood Subdivision. We do not have a survey of the property, which may be helpful given that the legal description of the property describes it as 25' of the adjacent lot. Based on the plat, this lot was originally 50' front but may have been reconfigured based on how the property was deeded off at some point. There are no historical preservation or specific building requirements from the citv. The Historical District is a designation that was given to the area due to the number of campus homes and homes that were one of the first in the area " Ms . Paz provided additional information on January 16, 2014 and Mr. Fallwell gave guidance that "the city setbacks (25' front) will take precedence over the subdivision 's declarations (30' front)" (Attachment #5). Upon receipt of this correspondence , purchase agreement language regarding lot size confirmation was removed and the purchase agreement was finalized the following day. • At closing, on January 30, 2014, University Title Company provided a General Warranty Deed that reportedly listed all exceptions to conveyance and warranty. It DID NOT include any reference to this additional set back restriction and only referenced the 25' and 30' setbacks previously provided by other parties (Attachment #6). HARD SHIP #1 -There is no feasible way anything more could have done by the Griffins, to be made aware of this special ordinance (Attachment #7), as they utilized experienced College Station real estate professionals with presumed direct knowledge . Multiple efforts to provide assurance prior to purchase clearly demonstrate a desire to purchase only if the result was the ability to build the one story home. The strongest direct evidence is the fact that the original purchase offer included a requirement to prove minimum lot dimensions as a prerequisite to purchase. This contingency was removed only after receipt of the previously mentioned information. • REASONABILITY PO INT #1 -The request is simply to grant a 30' setback, as set forth in the deed restrictions and as many other homes on the street have done . Analysis of all of the Lee Avenue lots in Oakwood Subdivision (Attachment #8) reveals that an estimated 15 of the existing 26 houses {58%} are closer than the special ordinance mandated front setback estimate of 45' for subject lot (Attachment #9 and #10). • REASO NABILITY PO IN T #2 -The previous home on this lot was set back 37 .75 ', which was significantly closer than the special ordinance mandated 45', estimated from the plat provided by offsetting home owner at 125 Lee (Attachment #11). • REASONABILITY POINT #3 -The requested 30' set back is misleading from an aesthetic perspective, as the Lee Avenue front yards include approximately 11' of street ROW , effectively creating 41 ' of green space from the curb to the proposed front porch . Additionally, the front of the house is designed with a 7' deep open porch , which sets back the front of the actual dwelling an additional 7', or 48' from the edge of the curb (Attachment #12). • RE ASONABILITY PO IN T #4 /HARDSHIP POIN T #2 -This is an abnormally narrow lot, when compared to the entirety of Lee Avenue. W ith a width of 75', the subject lot is 31 % more narrow than the average lot width of 108' (Attachment #13). Only 3 lots are 75' or less (i ncluding 127 Lee). Of the other two narrow lots, 211 Lee has a home that has a 30 ' set back (measured, not surveyed). The only other lot (103 Lee) has by far the smallest house in t he 2 blo ck area , at 912 sf. Each incremental foot of additional setback has an exponential reduction effect on the square footage, as there is basically no ability to expand the width . • HA RDSHIP POIN T #3 -In addition to being 31% more narrow on average, this is an abnormally small lot area for Lee Avenue . With a size of 0.2806 acres, it is one of the three smallest lots and is 28% smaller than the average lot size of 0 .3912 acres . The fact that basically the entire allowed buildable area is being utilized leaves little optionality to modify or adapt floor plans (Attachment #12 & #13). • HA RDSHIP POINT #4 -Lot prices have significantly escalated. Being forced to build a much smaller house than expected , results in a price per square foot for the limited living area that is simply not close to marketable. • REAS ONA BILIT Y POINT #5 -Trish and Jim Burk own the adjacent home at 201 Lee which is set back further than the other adjacent house and therefore more impacted . The Burks have provided verbal and written support of the plans and requested 30' set back (Attachment #14). It should be noted that the Burk's adjacent neighbor on their other side (207 Lee) is approximately 30' set back . Summary In summary, everything feasibly possible was done to understand the setbacks for this lot prior to purchase and it has also been shown the lot would not have been purchased if this restriction had been made known to buyers. The request is simply for a setback that exceeds the general City of College Station requirements and meets all of the deed restrictions. This setback is no closer than a large percentage of the existing homes in the two block area and is reasonable and fair. This estimated 45' required setback that is applicable only to this lot is arbitrary, as there is a house with a 30' set back, only two lots removed. The arbitrariness of this restriction is best demonstrated by the fact that the previous home, which had been there for many decades, was much closer to the street than what is currently being mandated. Because it is one of the smallest lots, this significant additional setback restriction results in an incrementally larger percentage reduction in possible foundation area and a major impact on marketability and value . Lastly, the most impacted immediate neighbor has expressed support for this request . The proposed construction quality and plan will be a positive impact on property values . If approved, this will be a home and not a rental property, which will be more consistent with the desires of the neighborhood. Attachment 1 Model Home Plan For 127 Lee 3659 SAN GABRIEL AVENUE PLAN-2626 A AVAILABLE JANUARY • Painted Brick Arts and Crafts 1.5 Story , 3 Bedroom. 3 Full/I Half Baths. Formal Dining, Study, Media, Covered Porch/Patio and Finished Rear 3 Car Tandem Garage • Kitchen Includes Custom White Painted Cabinets, Genesis Granite Counters, Stainless Steel Appliance Package with 48" Pro Gas Rangetop 6 Burner with Gridd le • Luxurious Master Retreat Includes Bath with Jetted Tub , Dual Vanities and Closets • Scraped Wood Flooring Entry Foyer, Study, Dining Areas, Kitchen and Family Room • Upstairs Private Pre-Wired Media Room Featuring Wet Bar is Perfect for Enterta ining • Designer Options Include Granite and Marble Countertops, Luxurious Carpet and Beautiful Tile Accents =or more in formatio n please visit our Community )ales Managers located at 12462 Riverhill Road: \my Brownlee 214.448 .779 1 • Obrownlee@dq!jnahomes com :andoce Gamm on 5 12.905 .2 179 • kgommon@dor1inghomes com R~& clarlinghom es .com From: nsfnorman @aol.com [mailto:nsfnorman @aol.com ] Sent: Monday, January 06, 2014 8:21 PM To: Bill Griffin Subject: Re : Le e Cr . Lot info The owners do not have a plat , survey or dimension . When they purchased it , there was an old house on it. Of course it's been removed . The owner is not much help , very stead fast on her price , has gotten numerous offers , will not and has not , consider any. I'll see what else I can find . Sent from my iPhone Sarah Norman BHG-Preferred Liv ing On Jan 6 , 2014 , at 12 :44 PM , "Bill Griffin" <griffinb81@gmail.com > wrote : Sarah , Will the listing agent contact his/her client and get a copy of the plat or the dimensions? Thank you , Bill 713-817-8265 From: Sarah Norman [mailto:nsfnorman@aol.com] Sent: Fr iday, January 03, 2014 2:15 PM To: griffinb81@gmail.com Subject: Re: Lee Cr . Lot info The listing agent is in my office . This is all they had . E 0 (.) (I) 0) Q) "t:J My Listi ngs Sarah Norman Brokert Re altor nsfnorman@aol.rom 979-777-2896 TEXT ME IJ R f A L E S T A T C - 0) E w 979-690-2300 Office 979-314-8993 Fax Se lling Bryan C.O ll ege S1at ion One Yard At A Time @ BffiER HOMES AND GARD ENS REA L ES TATE Prefe rred Living 125 1 Barron Rd. Co ll ege Station, Texas 77845 0 a Es h frtn<hl~ Is l ~d ~p ndMtly °"'"~ •tld Opetattd Sarah Norman-Executive with Nuskin International 979-777-2896 http://www. Sarah Norman. nsedreams. com/ Interested in owning your own business: https://www. fuzemeeti ng . com/replay meeting/oneteamglobal/2437294 "For I know the plans I have for you, plans to prosper you and not to harm you, plans to give you a hope and a future. Then you will call upon me and come and pray to me, and I will listen to you. You will seek me and find me when you seek me with all your heart." Jeremiah 29:11- 13 -----Ori ginal Message----- From : Bill Griffin (Home) <griffinb81@gmail.com > To : Sarah Norman <nsfnorman@aol.com > Sent: Fri, Jan 3, 2014 1 :27 pm Subject: Re: Lee Cr. Lot info I'm sorry , I understood you were the listing agent. I had the same info from the tax assessor. Thanks for your response On Jan 2 , 2014 , at 8:39 PM , Sarah Norman <nsfnorman@aol.com > wrote : Mr . Griffi n, attached is all the informat ion we have . Hopefully this will help yo u? The property is BLO CK 3 , LOT 15 & 25' OF 16. Nothing I can find tells us how wide the lo t is other th an 12225 sq .ft . whi ch is .2806 of an acre. My Listings Sarah Norman Broker/Rea I tor nsfnorman @ao l.oo m 979-777-2896 TE XT ME . R C A L [ ~ T A T [ 979-690-2300 Office 979-314-8993 Fa x Se lling Bryan Co ll ege Stat ion O ne Yard At A Time BETIER H OMES AND GARD EN S REAL ESTATE Preferred Li v ing 1251 Barron Rd . Co llege Sta ti on , Texas 7784 5 o Q Eith r1•~ch11A1 b l ~d ~~tndentl~ o..nw .~d 01W•lf d Sarah Norman-Executive with Nuskin International 979 -777-2896 http://www. Sarah Norman. nsedreams . com/ Interested in owning your own business: https ://www. fuzemeeti ng . com/rep lay meeti ng/onetea mg lobal/2437294 "For I know the plans I have for you, plans to prosper you and not to harm you, plans to give you a hope and a future. Then you will call upon me and come and pray to me, and I will listen to you . You will seek me and find me when you seek me with all your heart." Jeremiah 29: 11- 13 From: bhgp referredlivi ng1@gmail.com <bhqpreferredliv in g1@gmail.com > Date: January 2 , 2014 at 4 :20 :54 PM CST Subject: Scanned image from Better Homes & Gardens Dev ice Name : Better Homes & Gardens Attachment 3 Survey Plat of 127 Lee Note -set backs and incremental street ROW SU R'IE'r'OR'S CE RTIFICATE: I, BRAD KERR , R.P.LS. NO . 4502, 00 HEREBY CERT IFY THAT TO THE BEST OF MY KNOW\..EOCE Tl11S Pt.AT IS A Tl<UE REPRESENTATION OF A SUR'<£Y NADE ON THE GROUND lJol DER MY SUPERVlSION AND THAT Tl1ERE ARE NO \llSIBL£ ENCRON:HMENTS ON Tl11S mACT EXCEPT AS SHOWN HEREON . Tl11S TRACT DOES NOT LIE Wlll11N A DESIGNATED 100 YEAR FLOOO Pl.AIN ACCORDING TO Tl1E F.1.R.M. I.W'S, COhl MUNITY PANEL NO . 48041C01H C, EFFECTIVE DATE: 07-02-1992. BRAD KERA REGISTERED f'ROFESSIOl'W. LAND SURVEYOR NO . 4502 Street curb l BEARING SYSTEM SHOWH HEREON IS BASED ON GRID NORTH AS ESTADUSHED FRO!iot GPS OBSERVATION . "' / / / / / N/F NI BZ ASS OC IATES CO. 0.3 ACRE TRACT 3 2 17/32 LOT 1 BLOCK 1 HOLIKS RESTRICTED" HOME SITES 104/45 0 SCALE : 1" 30 ' LEGEND : AERIAL El.ECTRlC LINES WOOO FENCE ----f;.....-../,___,,_ BARllED 'MRE FENCE -x--x-x- CHl>N LINK F£/<CE -o-a-o- CRAllEI. CONC RETE !-'! ._ ... ,. .;· .. ; ···! Deed Restriction 30'set back BO UN DAR Y SU RVEY PLAT OF LOT 15 AND THE NORTHEAST 1 /2 OF LOT 16, BLOCK 3 OAKWOOD ADDITION VOLUM E 821, PAGE 520 COL LEGE STATION, BRAZOS COUNTY , TE XAS ~ ft SUIM:Y o.t.lE: DB-01-07 ~ SCALfo 1 ~CH -JO FEET Al. IA PLAT DATE: 08-03--07 '!------------~-------~-~ J<&N~~o~~;~a Previous home 37.75' set back CR5 Fll£: SWOOO (cont); 0 7-578 (job) PREPARED BY: KERR SUIM:YINC , U.C 505 01URCtl A\IENJE, P.O. BOX 2fl9 c~t'~~I ~,.~" From: Jenifer Paz [mailto:jpaz@cstx.gov] Sent: Thursday, January 09, 2014 10:11 AM To: 'Bill Fallwell' Subject: RE: 127 Lee Avenue Bill, The property at 127 Lee Ave. is zoned GS General Suburban and has the following setbacks : 25' front; 7.5' side; 20' rear . I have attached the original plat of the South Oakwood Subdivision. We do not have a survey of the property, which may be helpful given that the legal description of the property describes it as 25' of the adjacent lot. Based on the plat, this lot was originally 50' front but may have been reconfigured based on how the property was deeded off at some point . There are no historical preservation or specific building requirements from the city. The Historical District is a designation that was given to the area due to the number of campus homes and homes that were one of the first in the area . As for the property on Texas Avenue . Texas Avenue is a TXDOT roadway, so all curb cuts would have to meet TXDOT spacing requirements (I believe it is 360' from the intersection). The street widening was a TX DOT project so it may have been left to be utilized by single-family home. Ultimately, TXDOT would have to weigh in on it. Jenifer From: Bill Fallwell [mailto:Bill@cortiers.com ] Sent: Wednesday, January 08, 2014 11:27 AM To: Jenifer Paz Subject: 127 Lee Avenue Hi Jenifer, I represent a couple who have an interest in purchasing this tract of land in the Southside Historical District of College Station. The legals are : 127 Lee Avenue ; Oakwood, Block 3 , Lot 15 & 25' of 16. Needing any type of documents you might have that pertain to it. Setbacks in particular. Any chance you have a plat showing the perimeter of the tract enhanced with the designated and required setbacks would be GREAT. My folks are concerned that the tract maybe too narrow to construct a residence once the setbacks are factored into the equati on. Too , any HOA' s or building restrictions as I know and understand this is i n a designated historical distrist. Basically, everything and anything you can send me will be beneficial. Question on a tract you have helped me with in the past. The tract being at the intersection of Texas Ave. and Krenek Tap . Legals : Property ID# 13225 M.Rector, tract 45 , 1. 706AC. My question: there is an existing curb cut on Texas Ave. approx. 100' off the intersection. When the street was widened , medians installed along with From: Bill Fallwell [mailto:bill@cortiers.com ] Sent: Thursday, January 16, 20143:18 PM To: Bill Griffin Subject: Fwd: 127 Lee Survey See response below from the city. Seems the city setbacks will take precedence over the subdivisions declarations as there is no HOA to enforce. I can order up a title commitment although UTC generally takes a couple of days . I can request a RUSH. As for the discrepancy in length and total square footage, my initial thoughts the measured where the existing fence line is located. The reserve strip, whether it's been abandoned or still enforce should show up in title. As for the replay , I figure this has already been accomplished as the legals state and 25' of 16. Again this will pop up in title. As for the Sent from my iPad Begin forwarded message: From: Jenifer Paz <jpaz@ cstx.gov> Date: January 16 , 2014 at I :07:42 PM CST To: 'Bill Fallwell' <Bill @ cortiers.com> Subject: RE: 127 Lee Survey Bill, 1. The property was originally plated as 50'x153'. In these older subdivision you will find that many lots are portions of other lots and the deeded lot is configured different than how it was subdivided. Today, property cannot be transferred in this manner it must be resubdivided/replat before transfer of deed. As for why it is shown on the appraisal district as a larger lot, I'm not sure. This would have to be disputed with the appraisal district. 2. The reserved tract along the rear is for utilities . It is a 15' reserved strip for utilities maintained by the city and was dedicated with the Holik subdivision to the north. This reserve strip was not part of the South Oakwood subdivision . 3. The lot depth was originally platted as 153'. I've attached the original plat we have on file . A title search may answer some of the questions regarding the deeded configuration of this lot. To my knowledge, the reserved tract has not been abandoned by the city. 4. The city does not enforce deed restrictions only what the ordinance requires. If the deed restrictions are still applicable that is a legal question that would need consulting from a real estate attorney. Deeds are enforced by the HOA, which may not be active in this area . Hope this information helps. Jenifer From: Bill Fallwell [mailto :Bill@cortiers.com ] Sent: Thursday, January 16, 2014 8:57 AM To: Jenifer Pa z Subject: FW: 127 Lee Survey Jenifer, [quizzed you last week in regards to setbacks on this tract of la nd in CS a nd you responded with the followi ng; The property at 127 Lee Ave . is zoned GS General Suburban and has the following setbacks: 25 ' front ; 7 .5' side; 20' rear. I have attached the original plat of the South Oakwood Subdivision . We do not have a survey of the property, which may be helpful given that the legal description of the property describes it as 25 ' of the adjacent lot. Based on the plat, this lot was originally 50' front but may have been reconfigured based on how the property was deeded off at some point. There are no historical preservation or specific b ui l ding re q uirements from the city . The Historical District is a designation that was given to the area due to the number of campus homes and homes that were one of the first in the area . [ o btained a copy of a previous s urv ey a lthou g h it shows and o ld structure o n it , but it does show set backs a nd dim e n s io ns of the lot. It is attached. Question s from my prospective bu yer : A number of questions no w that I ha ve looked at this plat. 1. It is 153 x 75 = 11,475 sf, not 12,225 sf as on tax roles . Any ideas why? 2. Can anyone exp lain the reserved tracts behind the lot that don't show up on the tax appraiser's plats? 3. Lot length is 153', significa nt ly less than the 165' we expected and the 160' minimum in the contract 4. The set-backs you provided were from College Station, but the deed restrictions are much more prohibitive. Is there a process to get exception to the deed restrictions and are allowed to build under CS guidelines. What is the risk we get denied? Bottom line is it appears the lot is smaller and the setbacks are larger, on an undersized lot to start . Can you answer his questions and concerns . Thanks again for all you do!! Regard s, ~at 6;a0welt ~s. tJ1!9 Cortiers Real Estate 3600 Earl Rudder Freeway ste. •oo College Station, TX 77845 979-985·56•0 office 979-Z•S-8956 cell 979-985·5596 fax www.billfallwell.com Please click on the link below for Information About Brokerage Serv ices mand ated by law. http://www .trec .state.tx .u s/pd f/contracts/OP-K.pdf f?i". & Return to : ~.i~D~~tii#~friNW}lflMD FOR BY : U •---14026 9 BRL /RE/UTC/BERM UDEZ-G RJF FIN · Colle ge Stati on, Texa s 7784 1 J;&.rtify this.to be . a 'true and C9t.reet copy of the· originat G F# /l(o l(J. ~ 0-tn__ UNIVERSITY TITLp CbMPANY By :~ .. Kary C. MersmaM; Escrow Offi~J Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number. Date : GENERAL WARRANTY DEED _J_,._o~u...i..:.) l/_,_it'--V L.,\-y _3....._0;:::___I 2014 Grantor: DENISE M. BERMUDEZ a/k/a DENISE BERMUDEZ, a single person Grantee: Grantee's Mailing Address: Consideration: WILLIAM M . GRIFFIN and DEBORAH L. GRIFFIN TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration Property (including any improvements): Tract One : Fee Simple Lot F ifteen (15) and the adjacent Northwest 1/2 of Lot Sixteen (16), Block Three (3), Oakwood Addition, City of College Station, according to the plat thereof recorded in Volume 82, Page 520, Deed Records , Brazos County, Texas . Tract Two: Access Easement 25' wide Private, Permanent, Non-Exclusive perpetual easement for vehicular and pedestrian ingress and egress as described in Access Easement recorded in Volume 8264 , Page 108, Official Records , Brazos County, Texas . Reservations from Conveyance: Non e Genera l Warranty Deed Page 1of3 Exceptions to Conveyance and Warranty: 1) Restrictive covenants of record as follows : Tract One : Volume 82, Page 520 ; Volume 131 , Page 177 and Volume 95 , Page 251 , Deed Records , Brazos County , Texas; 2) Rights of third parties to the use and benefit as to the easement reflected on Schedu le "A" (Tract Two); 3) 25' and 30' setback on the southwest side ; 7 .5' and 10 ' setback on the northwest and southeast sides ; 5' reserve strip setback and 20' setback on the northeast side ; as set out on plat recorded in Volume 82 , Page 520 , Deed Records, Brazos County, Texas ; as set out in restrictions recorded in Volume 131, Page 177 , Deed Records , Brazos County , Texas; as shown on survey prepared on August 3 , 2007 , under the supervision of Brad Kerr , R.P .L.S. #4502 (Tract One); 4) Fence lies outside the property line on the northeast sides of the property, as shown on survey prepared on August 3, 2007 , under the supervision of Brad Kerr, R.P .L.S . #4502 (Tract One); 5) Easement from College Station Independent School District to City of College Station dated September 20 , 1993, recorded in Volume 1931, Page 151, Official Records, Bra zos County , Texas (Tract Two); 6) Affidavit of Prescriptive Easement from Leonard C. Williams and wife , Jane Williams , to Public dated August 12, 1994 , recorded in Volume 2183, Page 164 , Official Records, Brazo.s County, Texas (Tract Two); 7) Terms , Conditions, and Stipulations in the Access Easement Agreement by and between Leonard C. Williams and Jane Williams and Denis Bermudez , et al , dated September 14 ,. 2007 , recorded in Volume 8264 , Page 108, Official Records, Brazos County, Texas (Tract Two); 8) Roadbed Maintenance of Access Easement recorded in Volume 8264 , Page 108 , Official Records, Brazos County, Texas (Tract Two ); 9) Mineral Reservation in Deed by College Station Independent School District, previously known as Board of Trustees of the A&M Consolidated Independent School District to Dr. Arie L. Danen dated September 9, 1994, reco rded in Volume 2203 , Page 340 , Official Records, Brazos County, Texas (Tract Two). G ran t or, for the Consideration and subject to the Reservations from Conveyance and th e Exce ptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs , successors , and assigns forever . Granter binds Granter and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors , and ass igns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty . When the context requires, singular nouns and pronouns include the plural. Gener al Warranty D ee d Page 2 of 3 Ad valorem taxes for the current year have been prorated as of the date of delivery of this deed, and the Grantee by their acceptance hereof covenants and agrees to pay all ad valorem taxes upon the property from and including taxes for the year 2014 . a/k/a DENISE STATE OF TEXAS COUNTY OF ----'~=--f_C--"-L 1_.1"-') 5.._· __ _ ?,,,~ This instrument was acknowledged before me on the _.A.j __ day of January, 2014, by DENISE M . BERMUDEZ a/k/a DENISE BERMUDE . . p· . ,f / 41(. ff; RECORDING PAID FOR BY : UTC140269 AFTER RECORDING RETURN TO: UNIVERSITY TITLE COMPAN Y 1021 University Drive Ea st College Station , Texas 77840 GENERAL WARRANTY DEED DENISE M. BERMUDEZ a/k/a DENISE BERMUDEZ, a single person to WILLIAM M. GRIFFIN an d DEBORAH L. GRIFFIN General Warranty Deed PREPARED IN THE LAW OFFICE OF : HOELSCHER, LIPSEY, ELMORE & POO LE, P .C. 1021 University Drive East College Station , Texas 77840 WCUBRURE/UTC /BER MUDEZ-GRIFF IN -140269 Pa ge 3 of 3 Attachment 7 Ordinance Language In Sec. 12-7.2.D.1.e, of the City's Unified Development Ordinance (UDO), Required Yard (Setbacks) states: "Where an existing lot was created by an approved plat prior to July 15/ 1970 and the property is designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map a new (infill) single-family dwelling unit shall use the adjacent lots to determine the appropriate front yard setback. The new dwelling unit shall be set no closer to the street or farther back from the street than the nearest dwelling units. Areas zoned NPO/ Neighborhood Prevailing Overlay District are exempt from this requirement. Setback for areas zoned NCO/ Neighborhood Conservation Overlay are stated in the specific rezoning ordinance for the area.N Very difficult to connect this ordinance with the subject lot. This is likely the reason every involved party, including city personnel and title company did not recognize this more onerous restriction. Attachment 8 Oakwood -Lee Avenue Lot I Home Sum·mary Area Fiudder Jessup B&B ~ (~ ~ "1. ~ itd i e Attachment 9 Oakwood -Lee Avenue Lot I Home Summary Area *Estimated 30-35' set backs Attachment 1 O Lee Avenue-:-lmmediate .. Are.a. * Estimated 3o-.35' set ba.cks Attachment 11 Survey Plat of adjacent lot 125 Lee Exact setback estimated at 45' 3 ~:~-/.If ~~=-~~-41-;..._~·-~--------~~.._-'=":J--~~--~---...()~/'.~~~:.N ~ N4f• 341 ll"'W -110. ~.3'i/k~.,I) 12.5 L£E AV£NU£ Attachment 12 Tentative 127 Lee Site Plan -Heated & Cooled 3069 sf :5 ;;:.1-' ====r ======1,>,;:.~-~s.-,-:,T:.:-=T===========:~ · , I .. ·r~-."'-~~· P~----; I •• 11 .: .... :.:·:-.;: ........ ·· .-·: ... ·::-... ! I c A" I ~~~ .---I I I I I I I I I Lot 14 .·. f I "V-_o ~_Jg . . .. I :> ,... I •. :. ·. ·.' 1· 0 A z< I CO ~ :-1 ;. · .... ,.. • /~ fo~ q) .i~ ... ·r I vx E ;so I ·:.;· J: '-)-, 0 .rt . ·. ,. u :cf~ : 't : Lot I 7 C'~: § 1~ I~:-.:··: .. ~{ I_ ~/; ~~ ~,-.:,.·l-·~ t"'I. t-1 I.&. ~,, .... ..-: .. ··-:.-: I~ ...... I. .• ·· .. 1·· 1 • .,. ·1: 1 ·.·:·'.::.~ i I I .= .. •. ·'.: ~.: :. ! I ·. I.. I .· .:··:·I . ~ I I I . l. , I "..". .. ]·· I . :··.L;~y--.. ··.. -_, . ·. '• .. I ::. ,·, ·' House Front set back 37' Previ·ous House 37.75' q) ~ \.l 1! ~s ~.x .. ~ j,t Ill 8::: :€P ____ l ______ J __ -7-'.SZ' -- -----7' Porch --~ --L _ -~~ ~ " . -l'.(71 I 0 f \~;:venue lsp I Attachment 13 I ·Oakwood--Lee Avenue Lot I Home-Summary c I c < OAKWOOD SUBDIVISION -LEE AV Blk HouseNo Width (ft) Lot (acs) SF Appr $M Built 36413 a 103 Lee 73 0.2732 912 $220.6 1949 36422 a 211 Lee 75 02634 3,121 $422.8 1938 . 36419 a 127 Lee 75 0.2806 Sabject lot . 36423 a 215 Lee 85 0.2986 2.·625 $352 .. 1 1935 --0.3630 2,156 _ :$330.9 -1950 Ad~cent let 36420 a 201 Lee 97 36414 a 107 Lee ~ 100 0.3742 6,798. $996·.3 2006 36415 a 111 Lee 100 0.3742 4,475 $570.5 1988 36416 a 115 Lee 100 0.3742 5,530 $760.3 1935 36417 a 119 Lee 100 0.3742 2,452 $338.1 1938 36405 b 126 Lee 100 0.5319 5,368 .$'181.0 1944 36431 c 210 Lee 100 0 . .3329 2,H85 $390.4 1938 36432 c 300 Lee 100 0.3329 3,068 $340.5 1956 36425 a 307 Lee 100 0.3512 2,382 $287.0 1937 36435 c 314 Lee 100 0.3329 2,818 $371.1 1960 36418 125 Lee ---110 o.f900 3,681 --~.O -1948 Adjacent let a ~-36404 b 1:20 Lee 115 0.5682 2,751 $428.9' 1944 36412 a 101 Lee 118 0 . .3555 2,078 $307.8 1955 36421 a '207 Lee 118 0.4145 4,169 $442.5 1950 36402 b 104 Lee 120· 0.3444 2,061 $321.6 1944 36429 c 200 Lee 125 0.4993 4.128 $701.9 1960 36430 c 206 Lee 125 0.4161 3,714 $534.2 1956 36424 a 301 Lee 125 0.4390 3,144 $382:0 1936 36433 c 306 Lee 125 0.4161 3,385 $400.0 1936 36434 c 310· Lee 1.25 0.4161 3,452 $369'.4 1938 36426 a 311 Lee 125 0.4390 2,105 $365.7 1951 36403 b 110 Lee 140 0.4821 4,672 $707.3 2006 36401 b 100 Lee 152 0.5234 3,572 S457:0 1956 OOUNT: '27 AVERAGE: 108 0.3912 3.365 $464.4 1952 -----Original Message ----- From: James Burk [mailto:j-burk@suddenlink.net] Sent : Thursday, February 27, 2014 9:32 PM To: Bill Griffin Subject : 127 Lee Dear Bill, Thank you for your letter of February 17th telling us about your plans to build a home next door to ours . Thank you also for including with your letter a copy of the survey plat for Lot 15 and the Northeast 1/2 of Lot 16, Block 3 Oakwood Addition-otherwise known as 127 Lee Avenue, College Station, Texas -and for including a photo of a Craftsman Style home which is similar to the home you plan to build on the lot. We understand that your new home is being designed with many aims in mind: to meet the needs of your family of course, but also to preserve the historical integrity of our neighborhood and to comply with the City's building requirements (30 ft. setbacks and all). These are sure signs that your family and your home will be wonderful additions to the neighborhood . Not that it is required but, for the record, we approve of your plans. Jim and I appreciate the consideration you and Debbie have shown us, introducing yourselves so soon after you closed on the property and now notifying us of your construction plans. We look forward to your moving in, whether for a football weekend or for your permanent retirement home. In the meantime, feel free to contact us if there is anything we can do. Yours truly, Trish & Jim June 4 , 2014 CITY OF Cm.LEGE STATION Home of Texas A&M University " 1101 Texas Avenue, PO Box 9960 College Station , Texas 77842 Phone 979 .764.3570 I Fax 979.764.3496 RE : Variance Case 14 -00900070 -127 Lee Avenue Dear Mr. & Mrs . Griffin : The Zon i ng Board of Adjustments (ZBA) voted ( 4-1) to grant a 15-foot variance to the required front contextual building setback to allow a 30-foot front setback for the above referenced case . This vote was taken at the Board 's regular meeting on June 3, 2014 . For further information , please contact me at 979 .764 .3784. c3'.'~~ I C\ \V~~'~ DeborahG~ Staff Ass istant Secretary to the Board PC : File Sent via e-mail Planning & Development Services P.O. BOX 9%0 • l l 0 1 T EXAS AVENUE • C Oi.LEGE STAT IO N • TIXAS • 77842 T EL. 97 9 .7 6 4.3570 ·FAX. 979.764.34 96 cstx.gov/devservices April 2 , 2014 TO : FROM : SUBJECT: C ITY OF C OLI.EGE S TATTON Home o/Texas A&M University " MEMORANDUM J . Fred Bayliss, via : jbayliss@baylisslaw.net/ Jenifer Paz, Staff Planner 127 LEE AVE (ZBA) Thank you for the submittal of your ZBA VARIANCE application . I have been assigned to review this project and it is anticipated that the review will be completed and any staff comments returned to you on or before Wednesday, April 16, 2014 . If you have questions in the meantime , please feel free to contact me. PC : William M. & Deborah L. Griffin, via : griffinb81@gmail.com/ P&DS Project No. 14-00900070 Planning & Development Services P .O. BOX 9<)60 • l lO l TEXAS AVENUE •COLLEGE STATIO N • TEXA~ • 77842 TEL 979.764.357 0 •FAX. 979.764.54 % REQUEST: LOCATION: APPLICANT: PROPERTY OWNERS: PROJECT MANAGER: CITY OF COLLEGE STATION VARIANCE REQUEST FOR 127 Lee Avenue 14-900070 A variance to Unified Development Ordinance (UDO) Section 12- 7 .2. D, Required Setbacks , to allow a 7.25-foot variance to the required contextual front setback of 45 feet. 127 Lee Avenue Oakwood Addition Lot 15 & northwest ~ of Lot 16, Block 3 William M. & Deborah Griffin , Property Owners William M . & Deborah Griffin Jenifer Paz, Staff Planner jpaz@cstx.gov BACKGROUND: The subject property is located in the South Oakwood Subdivision and is zoned GS General Suburban, which allows for single-family residential uses. The property was originally platted in 1943 and is designated Neighborhood Conservation on the Comprehensive Land Use Plan. In 2007, the home was demolished and the property is currently vacant. The applicant is requesting to build a new single-family home setback at the same distance as the previous home, 37 .75 feet, from the property line . This property is subject to the contextual setbacks . The subject lot is adjacent to two single-family homes, where the home closest at 125 Lee Avenue is setback at 45 feet and the home at 201 Lee Avenue is setback approximately 63 feet. Therefore, the applicant is requesting to encroachment of 7 .25 feet into the required 45-foot contextual setback. APPLICABLE ORDINANCE SECTION: UDO Section 12-7.2 .D.1.e , Required Yards (Setbacks), Purpose & Intent ORDINANCE INTENT: In order to preserve the character of the older neighborhoods, the contextual front setback is intended for new construction to better integrate in established neighborhoods by having the home placed no closer or further back than the two adjacent homes. RECOMMENDATION: Staff is recommending approval of the request to reduce the required front contextual setback to 37 .75 feet due to the lot size. Zoning Board of Adjustment June 3 , 2014 Page 1 of 6 .( Zoning Board of Adjustment June 3, 2014 s w > w 0:: f-z w ~ CL 0 .....J w > w 0 Page 2 of 6 '-N c:: 0 ::i ::i CD :;· _VJ <O N Ill oO ~ Q) .I» a a ~ c:: (/) 3 CD ;:?. -0 Q) (0 CD VJ 0 -m N ~~ R-4 R Rural R-6 E Estate MHP RS Restricted Suburban 0 GS General Suburban SC R-1B Sing le Family Residential GC D Duplex Cl T Townhouse BP I c.r-DEVELOPMENT REVIEW Multi-Famliy BPI Bu siness Park Industrial High Density Multi-Family NAP Natural Areas Protected Manufactured Home Park C-3 Light Commercial Office M-1 Light Industrial Suburban Commercial M-2 Heavy Industrial General Commercial C -U College and University Commercial-Industrial R&D Research and Development Business Park P-MUD Planned Mixed-Use Development OAKWOOD BLK 3 LT 15 & NW1/2 OF 16 127 LEE AVE Case : 14-070 POD WPC NG-1 NG -2 NG-3 ov ROD KO T59 Planned Development District Wolf Pen Creek Dev. Corridor Core Northga te Trans itional Northgate Residential Northgate Corridor Overlay Redevelopment District Krenek Tap Overlay ZBA VAR NOTIFICATIONS Advertised Board Hearing Date : June 3, 2014 The following neighborhood organizations that are registered with the City of College Station 's Neighborhood Services have received a courtesy letter of notification of this public hearing : Property owner notices mailed : Contacts in support: Contacts in opposition : Oakwood HOA 16 0 0 Inquiry contacts : 6 at the time of this report ZONING AND LAND USES Direction Subject Property North South East West (across Lee Ave.) Zoning GS General Suburban GS General Suburban GS General Suburban GS General Suburban GS General Suburban PHYSICAL CHARACTERISTICS Land Use Vacant Single -Family Residential Single-Family Residential Single -Family Residential Single-Family Residential 1. Frontage: The property has approximately 74 .52 feet of frontage to Lee Avenue. 2 . Access: The property is cu rrently accessed from Lee Avenue . 3 . Topography and vegetation: The property has small caliper trees on the perimeter and is relatively f lat. 4 . Floodplain: The subject property is not located within FEMA regulated floodplain . REVIEW CRITERIA 1. Extraordinary conditions: That there are extraordinary or special conditions affecting the land involved such that strict applicat ion of the provis ions of the UDO will deprive the applicant of the reasonable use of his land . The subject property has approximately 74 .52 feet of frontage to Lee Avenue, while the surrounding lots along Lee A venue have much wider frontages a/lowing for more buildable area. The property to the north (125 Lee Avenue) has approx imately 117 feet of frontage and the property to the south (201 Lee Avenue) has approximately 98 feet of frontage. Zoning Board of Ad j ustment Jun e 3 , 2014 Page 4 of 6 2. Enjoyment of a substantial property right: That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. Given the size of the property, the variance is necessary in order to allow for the buildable area typical in the neighborhood. Granting of the variance would not alter the character of the neighborhood or original character of the property. 3. Substantial detriment: That the granting of the variance will not be detrimental to the public health , safety, or welfare , or injurious to other property in the area , or to the City in administering this UDO . Granting of the variance will not be detrimental to the public, health , safety, or welfare , or injurious to other property in the area, or the to the City in administering this UDO because the request is to place a new home where the previous home was once built to , which exceeds the minimum front setback in new single-family subdivisions. 4 . Subdivision: That the granting of the variance will not have the effect of preventing the orderly subdivision of land in the area in accordance with the provisions of this UDO. The granting of the variance will not have the effect of preventing the orderly subdivision of land in the area in accordance with the provisions of the UDO because the subject and surrounding properties cannot be further subdivided unless they comply with the subdivision regulations. 5. Flood hazard protection: That the granting of the variance will not have the effect of preventing flood hazard protection in accordance with Article 8 , Subdivision Design and Improvements . The granting of this variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements due to no portion of this property being located within floodplain. 6. Other property: That these conditions do not generally apply to other property in the vicinity . The contextual front setback is applicable to other property in the vicinity. Currently, there are no vacant properties of similar size in this area . 7. Hardships: That the hardship is not the result of the applicant 's own actions . The subject property and surrounding neighborhood was developed between the 1940s- 1950s when the front setback requirements were no less than 20% of the lot depth (Ordinance No . 38). The original setback of the subject lot conformed with the setbacks of the time and built closer to the street than the two adjacent properties. 8 . Comprehensive Plan: That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this UDO . The granting of this variance does not substantially conflict with the Comprehensive Plan and the purposes of the UDO . The request is to place the new home at the same setback as the previous home, which preserve the character of the neighborhood. Zoning Board of Adjustment June 3 , 20 14 Page 5 of 6 9. Utilization: That because of these conditions , the application of the UDO to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. The application of the UDO standards to this particular property does not prohibit the applicant in the utilization of their property. The setback does restrict the applicant from utilizing a large portion of the property. AL TERNATNES The applicant has not proposed any alternatives to the granting of the variance request. STAFF RECOMMENDATION Staff is recommending approval of the request to reduce the required front contextual setback to 37 .75 feet due to the lot size . SUPPORTING MATERIALS 1. Application & Background Information Zoning Board of Adjustment June 3, 2014 Page 6 of 6 Name ar63•DGR Sender CITY OF COLLEGE STA P.O. Box 9960 Coll e Station Article Number 14-70 LEWIS NEELEY & REBECCA 120 LEE AVE COLLEGE STATION , TX 77840-3147 14-70 HILL RODNEY C & SUSAN E 119 LEE AVE COLLEGE STATION , TX 77840-3125 14-70 HARRISON JOSHUA M & VICKY W 207 LEE AVE COLLEGE STATION, TX 77840-3178 14-70 LEACH TIMOTHY & AMY 2735 RACQUET CLUB DR MIDLAND, TX 79705 -7433 14-70 GRIFFIN WILLIAM M & DEBORAH L 6400 WINDCREST DR APT 823 PLANO, TX 75024-3059 ieces Total Number of Pieces Received ~ost Office , February 2002 (Page 1 of 2) Check type of mail or service: 0 Delivery Confirmation 0 Express Mail 0 Insured 0 Recorded Delivery (International) 0 Registered 0 Return Receipt for Merchandise 0 Signature Confirmation Add"essee (Narre, Street, City, State, & ZIP Code) Postage Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Recei t Fee Handling A Charge if See Privacy Act Statement on Reverse Complete by Typewriter, Ink, or Ball Point Pen PS Form 3877, February 2002 (Page 2 of 2) The full declaration of value is required on all dorrestic and international registered mail. The maxirrum indermity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to addttional limtations for rrultiple pieces lost or darraged in a single catastrophic occurrence. The maxim.Jm indemnity payable on Express Mail merchandise insurance is $500, but optional Express Mail Service merchandise insurance is available for up to $5,000 to sorre, but not all countries. The maxim.Jm indermity payable is $25,000 for registered rrail sent with optional postal insurance. See Domestic Mail Manual R900, S913, and S921 for !irritations of coverage on insured and COD mail. See lntemational Mail Manual for limtations of coverage on international mail. Special handling charges apply only to Standard Mail and Parcel Services parcels. Name and 89'0GRender I Check type of mail or service: CITY Of COLLEGE STATIQM Certified I !:'."!COD P.O. BOX 9960 Delivery Confirmation D Express Mail Affix Stamp Here (If issued as a Recorded Delivery (Internationa l) certificate of mailing, D Registered or for additional Return Receipt for Merchandise copies of this bill} Signature Confirmation Postmark and ~~~~--~~~-,-~~~--r-D_a _re_o~f Rec~e~i ~t ~-Coll ge Station, TX 77p42 insured Article Number Adctessee (Name, Street, Qty, State, & ZIP Code) +-'T"'::~';;' Postage 14-70 BURK JAMES 201 LEE AVE COLLEGE STATION , TX 77840-3178 14-70 MOORE STEVEN B & SHARON A 200 LEE AVE COLLEGE STATION , TX 77840 -3177 14-70 WILLIAMS QUINN & KIMBERLY 125 LEE AVE COLLEGE STATI O N, TX 77840-3125 14-70 SICILIO MARK & LISA 126 LEE AVE COLLEGE STATION, TX 77840-3147 14-70 COLLEGE STATION ISO 1812 WELSH AVE COLLEGE STATION , TX 77840-4800 -+ --r---- - + I I I I --+--- I I T Postmaster, Per (Name of receiving employee) -+ _1\~~~r J I I i I I I I I I ·--1 +-+--1 ~ I I I I + I -t I I I I I I --j--+ I I I I ___L_ Total Numbe r of Pieces Received st Office aJe_ See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1of2) Complete by Typewriter, Ink, or Ball Point Pen 1R ee PS Form 3877, February 2002 (Page 2 of 2) The full declaration of value is required on all dorrestic and international registered mail. The maximum indemnity payable for tre reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to additional limitations for rrultiple pieces lost or damaged in a single catastrophic OCOJrrence . The maximum indemnity payable on Express Mail merchandise insurance is $500, but optional Express Mail Service merchandise insurance is available for up to $5,000 to sorre, but not all countries. The maxirrum indemnity payable is $25,000 for registered mail sent with optional postal insurance. See Domestic Mail Manual R900, S913, and S921 for limitations of coverage on insured and COD mail. See International Mail Manual for limitations of coverage on international mail. Special handling charges apply only to Standard Mail and Parcel Services parcels. Name and we-DGJlnder CITY OF COLLEGE ST. P.O. Box 9960 ~~~C~a~llege_Samon.r:i:lC~ Article Number 14-70 WILLIAMS LEONARD C & JANE 200 TIMBER ST COLLEGE STATION , TX 77840-3160 14-70 WILLIAMS EMMA JANE 200 TIMBER ST COLLEGE STATION, TX 77840-3160 14-70 HUDSON GLENN W Ill & KENDRA 2020 OAKWOOD TRL COLLEGE STATION , TX 77845-5634 14-70 VESSALI FAMILY LIMITED PARTNERSHIP 110 PERSHING AVE COLLEGE STATION, TX 77840-3010 14-70 HOLLEMAN MAE BESS 504 W FOX ST CALDWELL, TX 77836-1541 L..i.:nvu u y •.• n::n 1uc1 February 2002 (Page 1 of 2) Check type of mail or service : O Certified :llONcoo -Lf Delivery Confirmation 0 Express Mail Insured 0 Recorded Delivery (International) 0 Registered 0 Return Receipt for Merchandise 0 Signature Confirmation .Ma-essee (Narre, Street, Qty, State, & ZIP Code) Postage Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Recei t Fee Hand I Char• neopostH' 05/16/2014 US POSTAGE See Privacy Act Statement on Reverse Complete by Typewriter, Ink, or Ball Point Pen RR Fee PS Form 3877, February 2002 (Page 2 of 2) The full declaration of value is required on all dorrestic '"1d international registered mail. The maxirrun indermity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to additional limitations for multiple pieces lost or darraged in a single catastrophic occurrence. The maximum indermity payable on Express Mail merchandise insurance is $500, but optional Express Mail Service merchandise insurance is available for up to $5,000 to some, but not all countries. The maximum indermity payable is $25,000 for registered mail sent with optional postal insurance. See Domestic Mail Manuci R900, S913, and S921 for limitations d coverage on insured and COD mail. See International Mail Manuci for limitations d coverage on international mail. Special handli ng charges apply only to Standard Mail and Parcel Services parcels. LEGAL NOTICE DATE TO BE PUBLISHED: FRIDAY , MAY 16 , 2014 BILL TO : Deborah Grace-Rosier The City of College Station P .O. Box 9960 College Station , TX 77842 NOTICE OF PUBLIC HEARING: ONLY The College Station Zoning Board of Adjustment will hold a public hearing to consider a building setback for Lot 15 & the adjacent Northwest Yi of Lot 16 , Block 3 , Oakwood Addition, generally located at 127 Lee Avenue which is zoned GS -General Suburban. The hearing will be held in the Council Chambers of the College Station City Hall , 1101 Texas Avenue at the 6 :00 p .m . meeting of the Board on Tuesday, June 3 , 2014 . For additional information , please contact Jenifer Paz , Project Manager, at 979.764.3570 . Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting . To make arrangements call 979 .764 .3541 or (TDD) 1.800 .735 .2989 . May 16, 2014 CITY OF Cm.LEGE STATION Home of Texas A&M Univmiry • TO WHOM IT MAY CONCERN: NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is considering a variance request for the following property : Applicant: Subject Property: Proposed Variance: Property Zoning: J. FRED BAYLISS 127 Lee Avenue Lot 15 & the adjacent Northwest % of Lot 16, Block 3, Oakwood Addition (See attached location map.) Building Setback GS -General Suburban The Zoning Board of Adjustment will hold a PUBLIC HEARING on Tuesday, June 3, 2014 at 6:00 p.m. to consider the request. The PUBLIC HEARING will be held in the City Hall Council Chambers located at 1101 Texas Avenue , College Station , Texas . All owners of the subject property and property owners within 200 feet of the subject property have rece ived notification of this request. The PUBLIC HEARING is your opportunity to speak in favor of or in opposition to the variance request. If you are unable to attend the PUBLIC HEARING but would like your opinion relayed to the Board, please contact the Project Manager listed below. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting . To make arrangements call 979 .764 .3541 or (TDD) 1.800 .735 .2989 . For additional information , contact the Planning & Development Services Department , 979.764.3570 . JENIFER PAZ Project Manager Pla11n ing & Development Services P.O. ROX 9960 • 1101 Tf.XAS AVENUE • COLI .EGE STAT IO N • H' .. XAS • 77842 TEI. ')7 9 .764.3570 ·FAX. 979.764.34 % cst><.gov/devservices I NOTICE OF PUBLIC HEARING : The College Station Zoning Board of Adjustment will hold a public hearing to consider a building setback for Lot 15 & the adjacent Northwest 1 /2 of Lot 16, Block 3 , Oakwood Addition , generally located at 127 Lee Avenue which is zoned GS -General Suburban. The hearing will be held in the Council Chambers of the College Station City Hall , 1101 Texas Avenue at the '6 :00 p .m. meeting of the Board on Tuesday , June 3, 12014 . For additional information , pl ease con tact Jenifer I Pa z , Pr oject Manager, at 979 .764 .35 70 . Any reque st for sign interpretive service s for the hearing impaired must be made 48 hours before the mee ting . To mak e arrangements call 979 .764.3541 or l(TDD) 1.800 .735 .29 89 . 5-16-14 NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment will hold a public hearing to consider a building setback for Lot 15 & the adjacent Northwest 112 of Lot 16 , Block 3, Oakwood Ad dition, generally located at 127 Lee Avenue which is zoned GS -General Suburban . \ The hearing will be held in the Council Chambers of the College Station City Hall , 1101 Texas Avenue at the 6:00 p.m. meeting of the Board on Tuesday, June 3, I 2014. For additional inform ation, please contact Jenifer I Paz, Project Manager, at 979 .764.3570. Any reque st for sign interpretive services for the hearing impaired must be made 48 hours before the meeting . To make arrangements call 979.764.3541 or (TDD) 1.800.735.2989. 5-16-14 Zoning Districts R-4 R Rural R-6 E Estate MHP RS Restri cted Suburban 0 GS General Suburban SC R-1B Single Family Resid ential GC D Duplex Cl T Townhouse BP DEVELOPMENT REVIEW Multi-Famliy BPI Business Park Industrial High Density Multi-Family NAP Natural Areas Protected Manufactured Home Park C-3 Light Commercial Office M-1 Light Industrial Suburban Commercial M-2 Heavy In dustrial General Commercial C-U College and University Commercial-Industrial R&D Research and Development Business Park P-MUD Planned Mixed-Use Development OAKWOOD BLK 3LT15 & NW1/2 OF 16 127 LEE AVE lease: 14-070 POD WPC NG-1 NG-2 NG-3 ov ROD KO 3 Planned Deve lopment District Wolf Pen Creek Dev. Corridor Core Northgate Transitional Northgate Res idential Northgate Corridor Overlay Redevelopment District Krenek Tap Overlay ZBA VAR DEVELOPMENT REVIEW OAKWOOD BLK 3 LT 15 & NW1/2 OF 16 127 LEE AVE lease: 14-070 Good evening Board Members. Jenifer Paz, Staff Planner. ~ ('i-<-f+- This request is for a var iance to the front contextual setback at 127 Lee Avenue . . ~ ~.{_4--' The property is located in the jOakwood Addition), originally platted in 1943, and is designated as Neighborhood Conservation on the Comprehensive Plan . The property owner is requesting a variance to Section 12 -7 .2 of the Unified Development Ordinance, which requires new single-family dwelling units to be no closer and no further back thah the ~ adjacent homes , when the property is located designated as Neighborhood Conservation and platted prior to July 15 , 1970 . The home to the north ~ is setback 45 feet and the home to the south ·~ is setback approximately 63 feet. -Nt~A- The owner is requesting to place the new home in the original location, at 37 .75 (3 quarters) feet. This results in a request to reduce the required front setback'17 .25 feet. ~ N Q.:1.J-- The purpose and intention of the contextual setback is to preserve the character of College Stations older neighborhoods and integrate new construction in established neighborhoods . The subject lot has approximately 74 .5' of frontage to Lee Avenue , where as many of the lots on Lee and in Oakwood subdiv ision have over 90 ' of frontage to a street allowing for more buildable area . As shown , lots with similar dimension1with homes constructed when the subdivision was initially developed1 have setbacks much closer to the street ,~ etll o ~ YV\OV'&.-\qw\cl~W\,.l lLl1tf{ ~ ~)_'f--.._~- To approve the requested variance the Board must evaluate and find the following criteria. -1-Jl._'f.t - Staff is recommending approval of the variance request based on the size of the lot 'l \ 1Vl veeteY~ <t \~ru r~~1 n1_) tvv Vttiutwlu ~ (j'vlt tn uppyn10VI. ~~\. Jason Schubert From: Sent: To: Jason Schubert Tuesday, June 03, 2014 10:47 AM 'Hunter Goodwin' Cc: Subject: Jenifer Paz; John Haislet; Deborah Grace-Rosier RE: See you this evening before 6 :00 Hunter, As for more of what was granted : • 1150 University Dr. E. is the Aloft hotel site being constructed. Some of their parking is shared with the Red Lobster site. They had a survey bust along the creek that necessitated them to shorten their rear parking row by 3 spaces for grading/floodplain reasons. They are required to have 91 spaces and received a reduction of the 3 parking spaces lost . • 511 University Dr. E (building east of Fox & Hound) is proposing to add a larger ground floor entry and other minor modifications. They are required 58 spaces and received a reduction of 1 parking space to accommodate the additional area. • 1301 Wellborn Rd (Southwest Crossing at Bee Creek) is required 164 parking spaces based on the gross square feet and existing and planned intense uses. They received a reduction of 16 parking spaces to allow for additional intense use to go in without needing to add more parking . I hope I have provided the additional information that you are looking for. Let me know if you have additional questions. Thanks, Jason Jason Schubert, AICP Principal Planner Planning & Development Services City of College Station office: (979) 764-3570 fax: (979) 764-3496 www.cstx.gov City of College Station Home of Texas A&M University@ From: Hunter Goodwin [mailto:hunter.goodwin@oldhamgoodwin.com] Sent: Tuesday, June 03, 2014 7:30 AM To: Deborah Grace-Rosier Cc: Jason Schubert; Jenifer Paz; John Haislet Subject: RE: See you this evening before 6:00 Jason, Can you give me a little "color" on the following Administrative Adjustments : • 1150 University Dr. E.; Reduction of parking spaces . • 511 University Dr. E.; Reduction of parking spaces . • 1301 Wellborn Rd .; Reduction of parking spaces . Thanks, Hunter From: Deborah Grace -Rosier [mailto:dgrace@cstx.gov] Sent: Tuesday, June 03, 2014 7 :25 AM 1 To: Hunter Goodwin ; 'JOHN ONEILL'; 'Johnny Burns'; 'David Ohendalski '; 'Rick Floyd ' Cc: Jason Schubert; Jenifer Paz ; John Ha islet Subject: See you this evening before 6 :00 Thank you. 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