The URL can be used to link to this page

Home My WebLink About14-190CASE NO .: DATE SUBMITTED : --l,,.L-l'-l<--4-=~- C1TY or C o ll.EGE STATION Home of Texas A&M Un ivmiry• TIME : -4tid=\ STAFF :~ ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: $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 . D 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 Opt ional Preapplication Conference LE GAL DESCRIPTION (Lot , Block , Subdivision) _(..._cJ_l __ l_3-'------'-~-t-"--"-o -=-C _,_/(-=-----""---"-t:-'-~-T---'-P.-'-~-'-~-'I-=<---- APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name ft/"'\ I{ R.1 VO o E-mail -r1<.Y"1vJo@ ~~C.IL. COM Street Address I I '-l Pt. & '' City lo c. '-G tc1.! ~TA I'",._,, State TY Zip Code I'? ('I o Phone Number {q) "I) ~I I -Cf q Cf "r Fax Number PROPERTY OWNER 'S INFORMATION (Please attach an additional sheet for multiple owners): ~ Name f '""" .J.. AMi}1.n2. Street Address I I 1..1 f..a.1~ !< /( &.1 VO o f>l/Jl ~ City Cot. L c: k~ STA Tw""""' Phone Number {Cf.)~) S" 1 t -"I &t ~ 4' Current zoning of subject property Action requestep (check all that apply): 0 Setback variance D Parking variance D Sign variance D Lot dimension variance Applicable ordinance sect ion to vary from: ( i. -). 't 10/10 State Ty Zip Code ) ] <:(' '-( o Fax Number D Appeal of Written Interpretation D Special Exception D Drainage Variance D Other Page 1 of 5 GENERAL VARIANCE REQUEST 1. The following specific variation from the ordinance is requested : (/I I/ 0 -(J Or' A 2 c:? ·-v ,, 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 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 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. (c,fZ,.Jti/2. Lt>'I. TtJ~ Fr.Nl""1>.0T10/V tS tr.)(1S'i11vk. T µ c F "v ,....,M I t " ,v I I LI .S I 0 'o 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 . r/..Jt.r f3vtt.1)1/VC,.. ~~it'l.l C.>t=' /u.G l."1~,v~1l. t.,ol 1j c'Xl~'irf'/k Ct1tV1'>1T1V#f µ,ovc! Fc11Z.c....t'1:> ~ V-6 1?.t.()1'-(...~ 4 . The following alternatives to the requested variance are possible : r 1.JAvc.1 /Vt) t6'-T~1l.w4.j1v~ i'3v1L •'>1,.J""' Fo1<>I i>/21,.;/ 1 rl 5. This variance will not be contrary to the public interest by virtue of the following facts : 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. Date • 10/10 Page 2 of 5 CITY OF C m.LEGE S TATl O t Home ofTo:aJ A&1V! Univmity" ZONING BOARD OF ADJUSTMENT RULES AND PROCEDURES The Zoning Board of Adjustment hears requests for variances and special exceptions , appeals of the Administrator's decisions , Airport Zoning Board Adjustments , floodplain and drainage ordinance variance requests , and PITY ordinance special exceptions . The ZBA is a fact-finding body , and to grant variances it must determ ine the existence of special conditions other than solely financial , which create an undue hardship for applicants. Positive action requires an affirmative vote by at least four (4) of the five (5) members . Recourse from ZBA decisions is to a Court of Law and appeals must be made within ten (10) days of the decision , which become final at Thursday noon after the meeting . The ZBA shall develop and adopt rules in accordance w ith State law and City ordinance to govern the ZBA and its meetings . APPLICATION * Any variance request , special exception , appeal of a decisio n of the Admin istrator or floodplain ordinance variance request shall be preceded by the applicant submitting to the Administrator a completed : • • 1) Appl ication 2) Request Form Applicat ions and request forms are available from the Planning & Development Services Department or onl ine at www .cstx .gov/aplications .. The Administrator shall assist the applicant in determ ining the zoning of the tract and in identify ing the appl icable ordinance section for the application . The appl icant shall attach an add itional sheet(s) if he cannot fully explain his request in the space provided on the request form . Add itional materia ls may be requ ired of the appl icant such as site plans , elevation drawings , and floor plans . The Administrator shall inform the applicant of any extra materials requ ired. An app li cant sha ll submit the non-refundable appl ication fee, payable to the C ity of College Station , to defray notification costs. The fee is required at time of application submittal. APPEAL OF THE PLANNING ADMINISTRATOR DECISION Appeals of Admin ist rator's decisions shall be filed within thirty (30 ) days of the decision . The ZBA shall hea r the appeal w ithin sixty (60 ) days after a complete application is received by the Administrato r. The ZBA shall decide the appea l with in a reasonable t ime . The ZBA may reve rse or affirm wholly or partly , o r may mod ify the order, requ irement, or decision , of the Adm inistrator by a concurring vote of at least four (4) of the five (5) members . The completed application and request form must be rece ived by the the Planning & Development Services Department by 10 :00 AM on the designated deadline date , wh ich is indicated on the attached Dead li ne/Meeting Date Information schedu le. When the application and request form a re received the item w ill be placed on the next ava ilable ZBA Meeting agenda . All requ ired notices will be published . The app licant has the responsibility to verify his item has been placed on a ZBA meeting agenda . 10/10 Pag e 3 of 5 NOTICE • The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than one (1) week prior to the meeting . The Secretary to the Board shall notify property owners within 200 feet of the property for which a request is pending of the ZBA meeting by certified ma il not less than (1 ) week prior to the meeting . = Such owners shall be determined by the Secretary to the Board . When deciding which property is within 200 feet , measurements shall be made in a straight line , without regard to intervening structures of objects , from the nearest portion of the property for which a request is pending to the nearest portion of other properties . = Noti ce by cert ified mail to such owners shall correspond to the owner's names and address as shown on certified taxroles even if the tax rolls are incorrect or outdated . At the applicant's request , the Secretary to the Board shall notify any interested person of the ZBA meeting by regular mail not Jess than one (1) week before the meeting . • The Secretary to the Board shall place a notice of the ZBA meeting in THE EAGLE two (2) weeks prior to the meeting . MEETING • • • Robert's Rule of Order, newly revised , shall be followed . Meetings shall be held the first Tuesday of each month at 6 :00 PM . Packets for ZBA Members shall be ma iled by the Secretary of the Board the Friday before the meeting . Each item before the ZBA must be heard by at least four (4) members . The ZBA may act on any request w ith or w ithout the applicant's presence at the meeting . When hearing requests , this procedural format shall be followed : = Staff Report = ZBA Members ask questions = Public Hearing = ZBA discuss ion and action MINUTES • The Secretary to the Board shall tape record all meetings . Tape recordings of meetings shall be kept for three (3) years . Minutes of the mee ti ng shall be typed by the Secretary to the Board in paraphrased form to reflect pertinent points of discussion (in the Secretary's judgement). No transcription will be made . Minutes shall be signed by the Chairman after they are approved by the ZBA. PUBLIC HEARING Witnesses shall be placed under oath by the Cha irman using this statement: "Do you swear or affi rm to tell the truth in this proceeding under penalties of perjury?" Witnesses include the applicant and interested persons. MOTIONS • • • Motions shall be made on the Motion Format Form and be positive or negative . Negative motions (motions to deny a request) should be made when the ZBA finds no special conditions , no undue hardsh ip , or that the spirit of the ordinance w ill not be preserved . Negative motions which fail do not imply the request is granted . Requests are only granted when a positive motion is passed by at least four (4 ) ZBA Members . Requests are denied when a negative motion is passed by a majority of members present. REHEARING Applican ts must have the ZBA's approval to present the same o r a similar request regard ing the same property after denial of such request by the ZBA. When a request is denied , within ten days of the den ia l , the appl icant may request that the ZBA rehear the request at a future date . To make this request , the applicant must submit to the Administrator new information that was previously not available to the Board . 10/10 Page 4 of 5 * * With in the ten days , the Admin istrator will put the request to rehear on the next available ZBA meeting agenda . To decide to rehear a request , the ZBA must determine the information provided by the applicant is new and relevant to their decision point of a hardship(s) as a result of a property 's special condition(s). ZBA approval to rehear a request requires a motion to rehear , a second to that motion , and passage by a majority of members present. The determination that information previously not available is relevant to a request's hardsh ip and special condition does not necessarily indicate the eventual approval of a request. If the ZBA approves a request to rehear , the applicant must pay a new fee by anestablished dead line to be scheduled for a future meeting . APPEAL DECISION 10/10 If an applicant wishes to appea l a ZBA decision , he must file a petition with a court of record w ithin ten (10) days after the date the decision is filed in the Planning & Development Services Department. Print Form J Pag e 5 of 5 MEMORANDUM DATE: August 8, 2014 TO : T im Krivdo , via ; tkrivdo@gmail.com FROM : Jerry Cuarno , Staff Planner SUBJECT: 114 PARK PLACE (ZBA) Thank you for the submittal of your ZBA Variance appl ication . 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 Friday , August 15 , 2014 . If you have questions in the meantime , please feel free to contact me . PC : P&DS Project No . 14-00900190 Planning & Development Services P.O . BOX 9960 • 11 O I TEXAS AVENUE ·COLLEGE STATION ·TEXAS • 77 842 TEL. 97 9.76 4.3 57 0 •FAX. 979 .76 4.3496 cst><.gov/devservices August 18 , 2014 CITY OF Cou ,EGE S TATION Home of Texas A&M University " 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: TIM KRIVDO 114 Park Place West Park 2nd Addition, Block A, Lot 13 {See attached location map.) Rear Buidling Setback GS -General Suburban The Zoning Board of Adjustment will hold a PUBLIC HEARING on Tuesday, September 2 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 received 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. Jerry Cuar6n Project Manager Pla11ning & Development Services P.O . llUX 'l%0 • 1101TF.X 1\S 1\VL>JUE • C Ol.U.C F ~T:fffON • "JL'l\:\'i . 778··1~ 1"1-J. 'J::''J.7(,'t..3170 • b \X . 97'!.76 -1..\·1% cstx.gov/devservices R-5 Zon i ng Di stricts R E RS GS R -18 D T Rural Estate Restricted Suburban General Suburban Single Family Resident ial Duplex li h own ouse R-4 R-6 MHP 0 SC GC Cl BP vr DE V ELOPMENT R EV IE W Multi-Famliy BPI High Density Multi-Family NAP Manufact ured Home Park C-3 Office M-1 S uburban Commercial M-2 General Commercial C-U Commercial-Industrial R&D Business Park P-MUD 114 PARK PLACE Business Park Industrial Natural Areas Protected Light Commercial Light Industrial Heavy Industrial College and University Research and Development Planned Mixed-Use Development Case : 14-1 90 POD WPC NG-1 NG-2 NG-3 ov ROD KO Planned Development Dist ri ct W olf Pen Creek Dev. Corridor Core Northgate Trans iti o nal Northgate Residential Northgate Corridor Overlay Redevelopment District rt Krenek Tap Ove ay Z BA Name ~jj(jj:f f Sender I Check type of mail or service: D Certified CITY OFP.COOBLLEGE STATI N B g~~ery Confirmation • • OX 9960 D Express Mail ] Recorded Delivery (International) '"] Registered J Return Receipt for Merchandise D Signature Confirmation College Statlo~ o Insured Article Nu mber Adci"essee (Narre, Street, City, State, & ZIP Code) 14-190 ~Postage HEIFRIN FRANK 11580 GOLD NUGGET COLLEGE STATION, TX 77845-7856 14-190 THOMAS SUNSHINE N & BESSIE & JOE BURTON 203 LUTHER ST COLLEGE STATION , TX 77840-6165 14-190 BANUELOS !RENE 701 MARYEM ST COLLEGE STATION , TX 77840-2860 14-190 TRAMONTE MICHAEL N & KATHRYN N 7758 CHANTILLY CIR GALVESTON , TX 77551 -1629 14-190 KRIVDO TIMOTHY P & ADRIANA A 114 PARK PL COLLEGE STATION, TX 77840-2845 14-190 NOEL PATRICIA 1225 COUNTY ROAD 138 HUTIO, TX 78634-5127 t~~~ ~--.t a eofreciflnge~/ yee) + + + 1 t I I + Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Re cei t F 9 I H,.?,ndling e ~arge neopost:."' 08/18/2014 US POSTAGE $02.822 ZIP 77840 041L11239588 -+-+- ++~ 4 See Privacy Act Statement on Reverse y Typewriter, Ink, o r Ball Po int Pen - R ie PS Form 3877, February 2002 (Page 2 of 2) The full declaration of value is required on a ll domestic and international registered mail. The maximum indemnity payable for the reconstruction cl nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to additional limitations for multiple pieces lost or dalll3ged in a single catastrophic occurrence. The maximum indemnity payable on Express Mail rrerchandise insurance is $500, but optional Express Mai l Service merchandise insurance is available for up to $5,000 to some, but not all countries. The maximum 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 mai l. Special handling charges apply only to Standard Mail and Parcel Services parcels. Na1J~~i;f&~ss of Sender CITY OF COLLEGE STATIO P.O. Box 9980 Article Number' 14-190 HYDER SYED 911 WINGED FOOT DR COLLEGE STATION, TX 77845-8973 14-190 CANNON MICHAEL CHAD 111 LUTHER ST COLLEGE STATION , TX 778 40-6163 14-190 LOWERY MARK R 105 DECKER CT STE 8 10 IRVING , TX 75062 -2 353 14-190 BUSH SUZIE % BUSH MARGARET 6400 LU KE BUSH LN CALDWELL, TX 77836 -473 8 14-190 OREN DAY GABRIEL & MARIA 608 MARYEM ST COLLEGE STATION , TX 77840-2859 14-190 514 PROPERTIES LLC 3091 UNIVERSITY DRE STE 2 30 BRYAN , TX 77802 -3494 Check type of mail or service : D Certified 0 COD D Delivery Confirmation D Express Mail D Insured D Recorded Delivery (International} D Registered D Return Receipt for Merchandise D Signature Confirmation Mdressee (Name, Street, City, State, & ZIP Code) Postage Affix Stamp H1 (If issued as a certificate of mal or for additional copies of this bill Postmark and Date of Recei Fee H ( neopost. 08/18/2014 US POSTAG $02.82Q ZIP 77840 041L11239588 See Pri vacy Act Statement on Reve rse <D RR 'ee Fee PS Form 3877 , February 2002 (Page 2 of 2) 1he full declaration of value is required on all dorrestic and international registered mail. 1he maxirrum indermity payable for the reconstruction a oomegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to addttional !irritations for multiple pieces lost or darraged in a single catastrophic ooourrence. 1he maximum indermity payable on Express Mail merchandise insurance is $500, but optional Express Mail Se!vice merchandise insurance is available for up to $5,000 to some, but not all oountries. 1he maximum indermity payable is $25,000 for registered mail sent with optional postal insurance. See Domestic Mail Manu<i R900, S913, and S921 for !irritations a coverage on insured and COD mail. See International Mail Manual for !irritations a coverage on international mail. Special handling charges apply only to Standard Mail and Parcel Services parcels . Namee:Jl£J'CR of Sender Article Number 14-190 GONZALES FAMILY TRUST & SURANG SIU RUBEN C GONZALES JR TRUSTEE 888 BROWNING PL MONTEREY PARK , CA 91755 -5747 14-190 WILDING CHARLES & LAURA J & DAVID L WILDING 4912 AUGUSTA CIR COLLEGE STATION, TX 77845-8982 14-190 STEWART ALBERT & BERNARDA 606 MARYEM ST COLLEGE STATION, TX 77840-2859 14-190 ENGELKING JO 3727 E 29TH ST BRYAN, TX 77802-3902 14-190 TUPLE PROPERTIES LLC PO BOX 5635 BRYAN, TX 77805-5635 14-190 MIESSE PAUL M JR 4593 SPENCER DR PLANO, TX 75024-6355 D Recorded Delivery (International) D Registered D Return Receipt for Merchandise D Signature Confirmation Addressee (Name, Street, City, State, & ZIP Code) Postage Affix Stamp Hr-- (lf issued as a certificate of ma/ or for additional copies of this bill Po stmark and Date of Recei Fee H ( neoposlij( 08/18/2014 US POSTAGE $02.822 ZIP 77840 041L11239588 See Privacy Act Statement on Reverse ypewriter, Ink , or Ball Point Pen :m RR =ee Fee PS Form 3877 , February 2002 (Page 2 of 2) The full declaration of value is required on all doo-estic and international registered mail. The maximum indermity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to add~ional limitations for rrultiple pieces lost or dan-aged in a single catastrophic occurrence. The maxirrum 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 rraxirrum indermity payable is $25,000 for registered mail sent with optional postal insurance. See Domestic Mail Manual R900, S913, and S921 for limitations ci coverage on insured and COO mail. See lntemational Mail Manual for limitations of coverage on international mail. Special handling charges appiy only to Standard Mail and Parcel Services parcels. N~ess of Sender CITY OF COLLEGE STATION P.O. Box 9980 7 . 8. 14-190 BONFIRE PROPERTIES LP 1341 S PRESTON RD STE C CELINA, TX 75009-3891 14-190 RIDLEY HAL R JANET J & JEAN PFLUGER PO BOX 506 HUNTSVILLE, TX 77342-0506 14-190 WILDING CHARLES 4912 AUGUSTA CIR COLLEGE STATION, TX 77845 -8982 14-190 HILTON FAMILY TRUST HENRY W SR & LYDIA HILTON TRUSTEES 4978 AFTON OAKS DR COLLEGE STATION, TX 77845-7666 Total N Listed b Check type of mail or service : D Certified 0 COD D Delivery Confirmation D Express Mail D Insured D Recorded Delivery (International) D Registered D Return Receipt for Merchandise D Signature Confirmation Adctessee (Narre, Street, Oty, 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 Charge neopo 5 1;H 0811812014 $01.882 ZIP 77840 041L11239588 See Privacy Act Statement on Reverse :R ee PS Form 3877, February 2002 (Page 2 of 2) The full declaratioo of value is required oo all dorreslic and international registered mail. The maximt.m indemnity payable for the reconstruction ct nonnegotiable documents under Express Mail document reconstructioo insurance is $500 per piece subject to additional limitatioos for multiple pieces lost or damaged in a single catastrophic occurrence. 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 some, but rot all coontries. The maximum indemnity payable is $25,000 for registered mail sent with optional postal insurance. See Domestic Mail Maooa/ R900, S913, and S921 for limitations ct coverage on insured and COO mail. See lntemational Mail Manual for limitations ct coverage oo international mail. Special handling charges apply only to Standard Mail and Parcel Services parcels. NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment wi ll hold a publ ic hearing to consider a building setback va riance fo r t he prope rty located at West Park 2nd Add ition , Block A , Lot 13 , generally located at 114 Park Place which is zoned GS General Suburban . Th e hearing will be held in the Council Chambers of the College Station City Hall , 1101 Texas Avenue at the 6 :00 p .m . mee t ing of the Board on Tuesday September 2 , 2014 . Fo r additional information , please contact Jerry Cuar6n , Project Manager , at 979 .764 .3570 . Any request f or sign i nterpretive services for the hea ring impa ir ed must be made 48 hours before the meet ing. To ma ke arrangements call 979 .764 .3541 or (TDD ) 1.800 .735 .2989 . 8-18 -14 NOTICE OF PUBLIC HEA RIN G: The College Station Zoning Board of Adjustm ent will hold a public hearing to consider a buildi ng setback variance for the property located at West Park 2nd Addition, Block A, Lot 13, generally located at 114 Park Place which is zoned GS Ge nera l Suburban . The hearing will be held in the Co uncil Chambers of the , College Station City Hall, 1101 Texas Avenue at the 6:00 p.m. meeting of the Board on Tuesday September 2, 2014 . For additional information , please contact Jerry Cuar6n , Project Ma nager, at 979.764 .3570 . Any request for sign in terpretive services for the heari ng impaired must be ma de 48 hours before the meeting . To make arrangements call 979.764.3541 or (TDD) 1.800 .735 .2989. 8-18-14 LEGAL NOTICE DATE TO BE PUBLISHED : Monday , August 18 , 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 variance for the property located at West Park 2nd Addition , Block A , Lot 13, generally located at 114 Park Place 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 September 2, 2014 . For additional information , please contact Jerry Cuar6n , 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 . LEGAL NOTICE DATE TO BE PUBLISHED : Monday , August 18, 2014 BILL TO : Deborah Grace-Rosier The City of College Station P.O. Box 9960 College Station , TX 77842 NOTICE OF PUBLIC HEARING: ONLY /Lod{. A / l._oT /JI ~'w The College Station Zoning Board of Adjustment will hold a ~blic h ring to consider a ,.._8 sr variance for the property located at l::o t 13 , Bi ce k 1, West Par ~~ddition generally located at 114 Park Place 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 September 2 , 2014 . For additional information , please contact Jerry Cuar6 n, 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 . • August 18 , 2014 CITY OF COLLE G E STATlON Home of Texas A&M University • TO WHOM IT MAY CONCERN: NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is considering a variance req u::~~::::, following property ( T~:::o: ._~, A•m.,,,,, 4<-•<lf A1 ur /J Subject Property: ~ 14 Park Place (See attached location map.) 8 (/ t;L'OJ:>.I& Proposed Variance: Rea 'i'-Setback Property Zoning: GS -General Suburban The Zoning Board of Adjustment will hold a PUBLIC HEARING on Tuesday, September 2 2014, at 6:00 p.m. to consider the request. The PUBLIC HEARING w ill 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 received not ification 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 . / JERRY CUARON Project Manager Pla11ni11g & Development Sen;ices I' 0. BOX <>•)60 • 1101'IF:X1\S1\\T.\JllF. • CO J.1 .FCF :-,·Ji\TION • 11"\AS • 77 8,i2 IT.I. 1J 7 'J .7(1 '1..)17 tl ·!"AX. 'J 7'l.:-(,·\..H% cs t><. gov I devservi ce s DEVELOPMENT REVIEW Scale : 1 Inch= 50 Feet Area: 0.189 Acres (8 ,2 20 .00 Square Feet) 14-190 ZBA 114 PARK PLACE BLK 1LT13 ACRES 0.189 Area: 0.189 Acres (8,220.00 Square Feet) Perimeter: 377 Feet Gap= 0.000 1. N45°00'00"W 120 .00' 2. N45°00'00"E 68.50' 3. S45°00'00"E 120.00' 4. S45°00'00"W 68.50' GAP error cannot be greater than 0 .10 (See SOP for Exceptions) REQUEST: LOCATION: APPLICANT: PROJECT MANAGER: BACKGROUND: APPLICABLE ORDINANCE SECTION: ORDINANCE INTENT: RECOMMENDATION: Zoning Board of Adjustment Septembe r 2 , 2014 ··--.... - CITY OF COLLEGE STATION VARIANCE REQUEST FOR 114 Park Place 14-00900190 A variance to Unified Development Ordinance Section 12-5.2 'Residential Dimensional Standards ', to allow for an 8-foot variance to the required rear setback of 20-feet. 114 Park Place West Park .S.e d Addition , Block ,.,, Lot 13 I Tim & Amber Krivdo, Property Owners Jerry Cuar6n , Sta:.;.f.:...f :.-P;.;::;la;;...:n_.n...._ ____ _ UDO Section 12-5 .2 'Residential Dimensional Standards' UDO Section 12-5.2, 'Residential Dimensional Standards' sets design standard requirements that usually allow for some degree of control over population density, access to light and air, and fire protection. These standards are typically justified on the basis of the protection of property values. Staff recommends denial of the variance request as a hardship or special condition does not appear to exist in this case . Page 1 of 6 (J) N (!) 0 "O :l ro 3 · 3 (0 C" OJ (!) 0 ~Ill "' ~ -Cl. 1\.)0 a-~ )> """.9, c: (/) 3 (!) ~ "U Ill (0 (!) "' ~ en DEVELOPMENT REV IEW • Cf) N Cl> 0 "O ::J ro s· 3'° O" CJJ Cl> 0 ~ Q) -"' a. NO o-~)> ""'..9: c: CJ) 3 Cl> ;:?. lJ Q) <O Cl> VJ Q, (J) R·B Zon i ng Dis tri cts R E RS GS R -1B D T Rural Estate Restricted Suburban General Suburban Sing le Family Residential Duplex Townhouse R-4 R -6 MHP 0 SC GC Cl BP DE V ELOPMENT RE VI EW Multi-Famliy High Density Multi-Family Manufactured Home Par1< Offic e Suburban Commercial Genera l Commercial Commerc ial-Industrial Business Park BPI NAP C-3 M-1 M-2 C -U R &D P-MUD 1 1 11 4 PARK PLACE Business Par1< Industrial Natu ral Areas Protected Light Commercial Light Industri al Heavy Indust rial Co llege and University Research and Development Planned Mixed -Use De ve lopment I lease : 14-190 POD VI/PC NG -1 NG -2 NG -3 OV ROD KO Planned Developmen t District Wolf Pen Creek De v. Corridor Core Northgate Transrt ional Northgate Residential Northgate Corridor Overlay Rede velopment District Krenek Tap Overlay ZBA I NOTIFICATIONS Advertised Board Hearing Date : September 2 , 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 : Twenty-two (22) Contacts in support : Contacts in opposition : Inquiry contacts : None at the time of this report . None at the time of this report . One ( 1) at the time of this report . ZONING AND LAND USES Direction Zoning Land Use Subject Property GS General Suburban Single -Family Residence North (Across GS General Suburban Single -Family Residence Park Place) South GS General Suburban Single-Fam ily Residence East (Across GS General Suburban Single-Fam ily Residence Maryem Street) West GS General Suburban Single-Fam ily Residence PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has approximately 70 .5 feet of frontage on Park Place . 2. Access: The subject property is accessed from Park Place . 3 . Topography and vegetation: The subject property is relatively flat with some mature vegetation . 4 . Floodplain : The subject property is not located within FEMA regulated floodpla in . REVIEW CRITERIA 1. Extraordinary conditions: That there are ex traordinary or special conditions affecting the land involved such that strict application of the provisions of the UDO will deprive the applicant of the reasonable use of his land. The applicant states that due to the subject property be ing located on a corner lot , they will not be able to comply with the current rear building setback of 20 feet for the construction of their new garage . Staff does not believe that an extraordinary or special condition exists in this case as the surrounding properties are subject to the same rear setback . A strict application of the UDO would not deprive the applicant of the reasonable use of the property . Zon ing Board of Ad j ustment September 2 , 2014 Page 4 of 6 Th is property is located in the West Park Neighborhood and as designated on the Comprehensive Plan j!sUrban and Redevelopment. 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. The variance is not necessary for the preservation and enjoyment of the substantial property right of the applicant. If the proposed variance is not granted, the garage will have to be built to meet the 20-foot rear setback in compliance with the UDO. The current use of the property as a single-family residence in an older subdivision is grandfathered to its current setback encroachment. If the proposed variance request is not granted , the applicant will still be allowed to use the property as a non-conforming structure ; therefore , they are not being denied a substantial property right. 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 the variance would not be as detrimental to the public health , safety, or welfare , or i njurious to other property in the area , or to the City in administering this UDO as the rear of this property is adjacent to an alley which separates it from the adjacent property. 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. For new construction , the same setback requirements apply to all properties zoned GS General Suburban and are not unique to this property. 7 . Hardships: That the hardship is not the result of the applicant's own actions. A hardship does not exist on the subject property. The applicant has proposed locating the new garage on an existing foundation . The request to encroach eight feet into the 20-foot Zoning Board of Adjustment Septembe r 2 , 2014 Page 5 of 6 rear setback is a result of the applicant's own actions and is not the result of a special condition of the property . 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 but does conflict with the provisions of this UDO in that it does not comply with current building setback requirements that are applicable to all new structures on single-family properties . 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 prohib it the applicant in the utilization of their property . The setback does not restrict the applicant from utilizing a large portion of the property . New structures can be built within required building setbacks. ALTERNATIVES The applicant has not provided any alternative solutions to t he location of their garage outside of the rear buil d ing setback . STAFF RECOMMENDATION Staff recommends denial of the variance request as a hardship or special condition does not exist in this case. SUPPORTING MATERIALS 1. Application 2. Survey and supporting information Zoning Board of Adjustment September 2 , 2014 Page 6 of 6 September 3, 2014 CITY OF COLL EGE 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 14-00900190-(114 Park Place) Dear Tim & Amber Krivdo : The Zoning Board of Adjustments (ZBA) voted (3-2) to deny the variance for the building setback requirement for the above-referenced case. This vote was taken at the Board's regular meeting on September 2 , 2014 . Recourse from ZBA decisions is to a Court of Law and appeals must be made within ten (10) days of the decision , which becomes final at Thursday noon after the meeting. When a variance request is denied , the applicant may request that the ZBA rehear the request at a future date . To make a request to rehear, the applicant must submit new information that was previously not available to the Board . The request to rehear must be provided to the Administrator within ten days of the denial. Applicants must have the ZBA's approval to present the same or a similar request regarding the same property after denial of such request by the Board . For further information , please contact me at 979 .764 .3784 . Sincerely , Deborah Grace-Rosier Staff Assistant Secretary to the Board PC : File Sent via e-mail : tkrivdo@gmail.com Planning & Development Se1 ·vices P.O. BOX 9%0 • 11 0 1 T EXt\S t\VENUE • COl.l .FGF ST!\TI ON ·TEXAS • 77842 TEI . 97 'J.764.3'i70 ·FAX. 979.76 •1.34% cstx.gov/devservices Page 1 of 1 -() _, "' - -' () rr' 0 ·-·· http ://i nspirationhut3 .inspirationhut.netdna-cdn.com/wp-content/uploads/2013 / 10/0 . 62-7 45 ... 7I 11 /2 14 011-r I I ~ . .. ·a "> I 0 .-, I "' ~ I °!' I • ., I I I I I I I I I r I l f I I I I ' I I I I I I I I I ( r I ------· I I ·ti• I . l.J" /9 ,, / , / ~/VO Wl.\t,..t.. W•Tt-J 1.''-w•l>&f C>v•iL I I . ---.A-_71 ti r rJ r o M • , r/ ~ tt""' c ~ L , w LY o ,../ M .A , ?.. y t! I""'- Page I of I http ://inspirationhut3 .inspirationhut.netdna-cdn .com/wp-content/uploads/20 13 /10/0 .62-745... 7/11 120 14 Pa ge 1 of I ~ '\~ \~ ~ q, >-~ ~ ~ r::f <t -r.a.l. ""~ -b.... ~ ~ ~ ~ ""' '.l. t;) ~ )-~ • ~ "" ..... ~ "· ~ ~ ~ ,., '!> rb ~ "" ...> ;. ..,0 ) / '~ ,_ ,.,... -,_ 0..) --~ v. c ~ ~ A ./',, ~ + -' \ !> \;::> I'-') '-("" '.:J - ~ Q -· http://inspirationhut3.inspirationhut.netdna-cdn.com/wp-content/uploads/2013110/0.62-745... 711 1/2 4 + ;o~o,. . + Page l or l ?,; fl. IM cT"t"6 ll... ~L1 AJ" 2.-~ .. ,,,(' Or -t::t: L/ 'S o,J . l"t ti £G'Allt!°ll~ / "2..~~ ?. &11"" ./ ..--·----1 -, -·--· ( ' - -L I ---v a" -, Tµ ''-' ''° 5 t. ~;) . 0,..; "',./>,, c! 1:}: LI I 6 ,, . I 'S 0 ,J l. ($Ni a12. J ! I I I ' I I ' ' ' ' I ' I ~ -~ t. . p If fl. ' .,,,. e?;; t$. fl. b I 1 l 1-l I C.. I<: . 1 () (,,,/ ...... LJ' ,. , -. s ..... ,S o,J 11.. c..~.w•~tl. , • ' i '~ IH ~ Fnt L. iJ {i.'K• ~.TIN~ -8, ,, ~o ' ",v"' ~ .: r..r ;: ()VI'# f')A. It ON I • .t . k' 9' .. 0 ,, ( \I I I I V\ ,.. () ""' ~ ·I t W•Oc: '''cu12.& ~ ... II/ ~ \I r., ,.. .,., 0 0 "' I ' I -_I I t {-·--. --·· -~ --·----------:-2 ~ '-o '' --{ http://inspirationhut3.inspirationhut.netdna-cdn.com/wp-content/uploads/2013/1010.62-7 45... 7I11/2014 ~ ,_ ' - - ,, v Pag e I of I / / 4 "v ,..,,.I . /\ "' l3e!.O.M v . , . v v I ~ ~· , I I .... -/ ['\ I iJ/' v ""' , , v ""' I I v I ""' 11' v 111 "" V ' , , "" I I . v . -~ v H ·~ r I ·/- --·----.·~ I~ v I ·"' /. - . I ' I . -· ~· v EX1 IJ I .1 v : l..')t 10 · l{tP VJ 11 " . II . /, ~" /1 !""' / ' I . "" J . / ' . ~' I I ·/1 11 . "' / 1 · , , "" / I I ~ v /~ I I .. ~ 1 .'-0 " ~·"".o .. r I ' I I· I I I t ~ ~ ['\ " ' ."' Jo1s ;-LP. 'f O v 1 http ://in s pirationhut3 .in s pirati o nhut.netdna-cdn .com/w p-c o nten t/up lo ad s/2 01 3/ 10 /0 .62-7 45... 7I 11 /2014 l: l> . . "f' . 0 -f ·\ v I"' . . \. i- I\ '\ ·-. 111 l f 111 ' \II .... ~ l l !'-___ ,. ,. 0 I· - 0() .. ,. } (f' . ... - . . (" .f <;). -( ~ . ;:;/· ~ n, ( "" ~· ~ .::. . .Ji' . \'-' 0 )( Q "' ~ . -. \1J ("' ~, ~ ~ <'.\' . f' I. ~ -\ ) .. " -) . ·~. i"1 . 't 0 ·I;' . 'l1 Page 1 of 1 http://inspirationhut3.inspirationhut.netdna-cdn.com/wp-content/uploads/20 13/10/0 .62-745 ... 7111 12014 Page 1 of 1 .. Ill '< .o '" \: <J. .'> h.l ...l LU 1 i-1--" ll r . :'.) __, c -:~ - l I t I - --T· -.. http ://inspirationhut3.inspirationhut.netdna-cdn.com/wp-content/uploads/2013110 /0 .62-7 45 .. . 711112014 T1-, '\> J\ ... , "1 · " ,..., < l> _, -· o. ~ ~ c:o ' .. 0 ~ . t r::RJ_ ·-Cl' -: i ..J , ... . <::) . -l . . j' :J -r _iv ~:~. ~. 3il. ......... . 'b ·~ " ' ~' \;:\ 'j:J . ":: -'1· .. H ,. '1'1. . rJ. . '\ "' l> ::;:J "t( \I\ () -1 ~ O'· : ~ : ~'. ~. . T> b·) ... :\ ~: . _,. . Q . ... " . . i \ . . Page 1 of 1 :\ 0 o, ~ 0 . <: ~ .tJ. ~ ,... _, 1J -~, G--, 7'J f"" -~ .f v c _, 7'V ~ .')(_. ,, J, °'_ I~ t> . ~ -V IJ --_. --_. _.. -r r;jl ~ .o "' \11 "' ~ " http://inspirationhut3.inspirationhut.netdna-cdn.com/wp-content/uploads/2013/ 10/0 .62-7 45 ... 7/11/20~' Page 1 of 1 - ( m V'-_, 0 n, t" - "' 1- 1--1-~ 1---}> 1- i- =' ~ ~ -. http://i n spirationhut3.inspirati onhut.n etdna-cd n .com/wp-content/uploads /20 13110 /0 .62 -745 ... 711 1/20 14 ~·~ (CITY OF COLLEGE STATION ~ '?) DEVELOPMENT SERVICES DEPARTMENT Post Office Box 9960 1101 Texas Avenue College Station , Texas 77842-0960 (409) 764-3570 Friday, August 31, 1995 Mr. and Mrs. Timothy and Adriana Krivdo 114 Park Place College Station, TX 77840 RE: Property located at 114 Park Place; Lot 13, Block 1, West Park Addition Dear Mr. and Mrs. Krivdo: I have received and reviewed the survey of the property described above and found that there is an encroachment into the required 15' foot side street setback as required by the Zoning Ordin~ce. The City intends to take no enforcement action against this property at this time or to prevent the sale of the property. If the building is in need of reconstruction in the future, it will be required to conform to the Zoning Ordinance. Additions to the structure that involve the area of nonconformity that cannot be brought up to code will require action from the Zoning Board of Adjustment. The property owners do have the right to seek a variance if they choose. If you have any questions regarding this matter, please do not hesitate to give me a call. Thank you. s~~ Sabine Kuenzel, AICP Senior Planner ··sui/ding a Better City in Partnership with You· LOWERY PROPERTY ADV1$0RS: August 27 , 2014 City of College Station Planning and Development Services RE : Case: 14-190 Mr. Jerry Cuaron : 105 Decker Court, Suite 810 Irv i ng, Texas 75062 p 214.347.8558 F 214.614.4315 The intent of this letter is to express my strong support that the city grand the proposed variance . A 20 foot building setback is excessive especially given that there is already an additional utility easement that is in addition to the set back . The southside historic area is a high density area , and the City of College Station would benefit from allowing more square footage and ultimately additional property tax revenue as a result of passing this variance . Lowery Property Advisors, LLC MARK LOWERY, MAI, CCIM Owner of 108 Park Place DALLAS lowerypa.com HOUSTON WEST TEXAS Gerardo Cuaron From: Sent: To: Cc : Subject: FYI. .. -----Original Message----- Lance Simms Tuesday, September 02, 2014 4:23 PM Gerardo Cuaron Jason Schubert FW : Public hearing re variance on rear setback 114 park place From : Jean Pfluger [mailto:jeanpfluger@att.net] Sent : Tuesday, September 02, 2014 4:21 PM To: Lance Simms Subject: Public hearing re variance on rear setback 114 park place I will not be able to attend the hearing tonight. I am an owner of 612 Maryem across from 114 park place. We do not object to the granting of the requested variance . Sent from my iPhone 1 CITY O F COLLEGE STATION Pla nning & Developm ent Services ZONING BOARD OF ADJUSTMENT RULES AND PROCEDURES The Zoning Board of Adjustment hears requests for variances and special exceptions , appeals of Zoning Official's decisions , Airport Zoning Board Adjustments, floodplain and drainage ordinance variance requests , and PITY ordinance special exceptions . The ZBA is a fact-finding body , and to grant variances it must determine the existence of special conditions other than solely financial, which create an undue hardship for applicants. Positive action requires an affirmative vote by at least four (4) of the five (5) members. Recourse from ZBA decisions is to a Court of Law and appeals must be made within ten (10) days of the decision, which become final at Thursday noon after the meeting. The ZBA shall develop and adopt rules in accordance with State law and City ordinance to govern the ZBA and its meetings. APPLICATION •:• Any variance request, special exception, appeal of a decision of the Zoning Official or floodplain ordinance variance request shall be preceded by the applicant submitting to the Zoning Official a completed: 1 ). Application 2). Request Form •:• Applications and request forms are available from the Planning Division Office. •:• The Zoning Official shall assist the applicant in determining the zoning of the tract and in identifying the applicable ordinance section for the app lication. •:• The applicant shall attach an additional sheet(s) if he cannot fully explain his request in the space provided on the request form. •:• · Additional materials may be required of the applicant such as site plans, elevation drawings, and floor plans. The Zoning Official shall inform the applicant of any extra materials required. •:• An applicant shall submit a non-refundable fee of $350.00, payable to the City of College Station, to defray notification costs. The $350.00 will be taken when the completed application and request form are submitted. I. APPEAL OF ZONING OFFICIAL DECISION •:• Appeals of Zoning Official decisions shall be filed within thirty (30) days of the decision. •:• The ZBA shall hear the appeal within sixty (60) days after the application and reque st forms are received by the Zoning Official. •:• The ZBA shall decide the appeal within a reasonable time. The ZBA may reverse or affirm wholly or partly , or may modify the order, requirement , or decision, of the Zoning Official by a concurring vote of at least four ( 4) of the five (5 ) members. •:• The completed application and request form must be received by the the Planning Office by 10:00 AM on the designated deadline date, which is indicated on the attached Deadline/Meetin g Date Information schedule. •:• When the application and request form are received the item wi ll be placed on the next available ZBA Meeting agenda. All required notices will be published . •:• The applicant has the responsibility to verify his item has been placed on a ZBA meeting agenda. II. NOTICE •:• The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than 15 days prior to the meeting. •:• The Secretary to the Board shall notify property owners within 200 feet of the property for which a request is pending of the ZBA meeting by certified mail not less than 15 days prior to the meeting. ~ Such owners shall be determined by the Secretary to the Board. When deciding which property is within 200 feet , measurements shall be made in a straight line , without regard to intervening structures of objects, from the nearest portion of the property for which a request is pending to the nearest portion of other properties . ~ Notice by certified mail to such owners shall correspond to the owner 's names and address as shown on certified tax roles even if the tax rolls are incorrect or outdated. •!• At the applicant's request, the Secretary to the Board shall notify any interested person of the ZBA meeting by regular mail not less than 15 days before the meeting. •!• The Secretary to the Board shall place a notice of the ZBA meeting in THE EAGLE not less than 15 days prior to the meeting. Ill. MEETING •!• Robert's Rule of Order, newly revised , shall be followed. •!• Meetings shall be held the first Tuesday of each month at 6:00 PM. •!• Packets for ZBA Members shall be mailed by the Secretary of the Board the Friday before the meeting. •!• Each item before the ZBA must be heard by at least four (4) members. •!• The ZBA may act on any request with or without the applicant's presence at the meeting. •!• When hearing requests , this procedural format shall be followed: ~ Staff Report ~ ZBA Members ask questions ~ Public Hearing ~ ZBA discussion and action IV. MINUTES •!• The Secretary to the Board shall tape record all meetings. Tape recordings of meetings shall be kept for three (3) years . •!• Minutes of the meeting shall be typed by the Secretary to the Board in paraphrased form to reflect pertinent points of discussion (in the Secretary's judgement). No transcription will be made. •!• Minutes shall be signed by the Chairman after they are approved by the ZBA. V. PUBLIC HEARING •!• Witnesses shall be placed under oath by the Chairman using this statement: "Do you swear or affirm to tell the truth in this proceeding under penalties of perjury?" •!• Witnesses include the applicant and interested persons. VI. MOTIONS •!• Motions shall be made on the Motion Format Form and be positive or negative. •!• Negative motions (motions to deny a request) should be made when the ZBA finds no special conditions , no undue hardship , or that the spirit of the ordinance will not be preserved . •!• Negative motions which fail do not imply the request is granted . •!• Requests are only granted when a positive motion is passed by at least four (4) ZBA Members. Requests are denied when a negative motion is passed by a majority of members present. VII. REHEARING •!• Applicants must have the ZBA's approval to present the same or a similar request regarding the same property after denial of such request by the ZBA. •!• When a request is denied , within ten days of the denial , the applicant may request that the ZBA rehear the request at a future date. To make this request , the applicant must submit to the Administrator new information that was prev iously not available to the Board . •!• Within the ten days , the Administrator will put the request to rehear on the next available ZBA meeting agenda . •!• To decide to rehear a request , the ZBA must determine the information provided by the applicant is new and relevant to their decision point of a hardship(s) as a result of a property's special condition(s). ZBA approval to rehear a request requires a motion to rehear, a second to that motion , and passage by a majority of members present. •!• The determination that information previously not available is relevant to a request's hardship and special condition does not necessarily indicate the eventual approval of a request. •:• If the ZBA approves a request to rehear, the applicant must pay a new fee by an established deadline to be scheduled for a future meeting. VIII. APPEAL DECISION •:• If an applicant wishes to appeal a ZBA decision , he must file a petition with a court ofrecord within ten (10) days after the date the decision is filed in the Planning Division Office. Molly Hitchcock From: Lance Simms Sent: To: Sunday , October 05 , 2014 2 :18 PM Jason Schubert Cc: Deborah Grace-Rosier Subject: FW: Request for Appeal Hearing of Zoning Board Decis ion Jason : As requested , please see the info below from Mr. Krivdo . Lance -----Original Message ----- From : Tim Krivdo [mailto :tkrivdo@gmail.com] Sent : Thursday, September 11, 2014 3:37 PM To : Lance Simms Cc : Jessica Bullock; jcuaron@cstx.gov Subject : Re: Request for Appeal Hearing of Zoning Board Decision Mr. Simms, as requested , the new information that I have in reward to this request is a 1940 and 1946 West Park Addition Tract lay out of the plates . Both of these documents show a 5 '-0" strip between the 1940 and 1946 Surveys . There is not an alleyway between the two. My property survey from 1995 shows that I own 120' of land as indicated on the 1946 Survey . This is the same survey that the City of College Station uses . Sent from my iPad >On Sep 11, 2014, at 8 :29 AM, Tim Krivdo <tkrivdo@gmail.com> wrote : > >Mr. Simms , I am writing this letter as petition to the Zoning Board 9 -2-14 rear setback decision that was made in regard to 114 Park Place . The reason for this request is to bring additional information to the attention of the Zoning Board that could revers their 3 to 2 decision against my request . I hope that you will grant Myself and My Wife an appeal hearing . > >Thank you for your assistance in this matter. > >Tim and Amber Krivdo > 114 Park Place >College Station , TX 77840 > (979) 571 -9999 > > <photo .JPG> > > > >Sent from my iPad 1