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Home My WebLink About14-261~~ ~C_A_S_E_N_~_o:_R _O_FF-IC_j_y,_us-~-2-N_L_y_\___ -~ DATE SUBMITIED : I 0 ( 2-0 f/l-{ ~ ·~ CITY or C oll.EGE STATION Home ofTexns A&M Univers ity• TIME : tj-: 00 ~ .._._ STAFF: __.A~:f~-----~ ~ ~-----------~-...._) ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: [8] $350 Zoning Board of Adjustment Application Fee . [8] Appl ication 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 Add itional 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 1199 Haywood Drive LEGAL DESCRIPTION (Lot , Block, Subdivision) A-901 , Thomas Carruthers, Tract 25.5, 36.829 ac. and adjoining 52 ac. APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name M.B. Flippen flip@flippengroup .com E-mail mike .gentry@westw ebbla w.com Street Address 1199 Hayw ood Drive City College Station State _T_ex_a_s ______ Zip Code _7_78_4_5 ____ _ Phone Number (979) 693-7660 Fax Number ---------------- PROPERTY OWNER'S INFORMATION (Please attach an additional sheet for multiple owners): Name M.B. Flippen E-mail flip @ flippengroup .com Street Address 1199 Hayw ood Drive City College Station State _T_ex_a_s ______ Zip Code _7_78_4_5 ____ _ Phone Number (979) 693-7660 Fax Number ---------------- Current zoning of subject property A-0 ----------------------------- Act ion requested (check all that apply ): D Setback variance D Parking variance D Sign variance D Lot dimension variance Applicable ordinance sect ion to vary from : e c t1on 12-6.5.B.5 ( ccessory Uses -Ltvmg uarters 10/1 0 D Appeal of Written Interpretation D Special Exception D Drainage Variance [8] Other Please see attached letter of e xplanation Page 1 of 5 GENERAL VARIANCE REQUEST 1. The following specific variation from the ordinance is requested : A 25% variation from the "accessory use" provision of Section 12-6.5.B.5 (Living Quarters), enabling Applicant to not construct a planned hallway between his residence and carriage house . Please see attached letter. 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 c ircumstances involv ing the particular property . The unique circumstances must be related to a physical characteristic of the property itse lf , not to the owner's personal situation . This is because regardless of ownership , the variance will run w ith 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 . The water drainage pattern on the property, rural nature of the property, and the placement of mature trees on the property constitute special conditions justifying a variance . Please see attached letter. 3. The unnecessary hardsh ip(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 . Installing a hallw ay betw een the residential structure and carriage house will result in disruption of the natural water drainage patterns on the property and damage to large mature oak trees, both of w hich Applicant considers to be a hardship. Please see attached letter. 4. The follow ing alternatives to the requested variance are possible: Installing a hallway betw een the residence and carriage house is a possible, but highly impractical, alternative . Please see attached letter. 5 . This variance will not be contrary to the public interest by virtue of the following facts : The applicable structures are located the middle of a 93 acre ranch . The granting of this variance will not effect neighboring landowners or the public interest. Please see attached letter. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are tr ue , correct, and complete. IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY, this application must be accompanied by a power of attorney statement from the o wner. If there is more than one owner, all owners must sign the application or the power of attorney. If the o wner is a company, the application must be accompanied by proof of authority for the company's representative to sign the application on its behalf 2014 Date 10/1 0 Page 2 of 5 CITY or C m.LEGE STATION Home o/Texm A&M 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 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 Administrator or floodplain ordinance variance request shall be preceded by the applicant submitting to the Administrator a completed : 1) Application 2) Request Form Applications and request forms are available from the Planning & Development Services Department or online at www.cstx.gov/aplications .. The Admin istrator shall assist the appl icant in determining the zoning of the tract and in identifying the applicable ordinance sect ion for the application . 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 Administrator shall inform the applicant of any extra materials required . An applicant shall submit the non -refundable application fee , payable to the City of College Station , to defray notification costs . The fee is required at time of application submittal. APPEAL OF THE PLANNING ADMINISTRATOR DECISION * * * * * * Appeals of Administrator's decisions shall be filed within thirty (30) days of the decision. The ZBA shall hear the appeal within sixty (60) days after a complete application is received by the Administrator. 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 Administrator 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 & Development Services Department by 10 :00 AM on the designated deadline date , which is indicated on the attached Deadline/Meeting Date Information schedule . When the application and request form are received the item will 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 . 10/10 Page 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 wh ich a request is pending of the ZBA meeting by certified mail not less than (1) week prior to the meeting. == Such owners shall be determined by the Secretary to the Board . When decid ing 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 cert ified 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 regu lar mail not less 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 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 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. 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 . MOTIONS * * * * Motions shall be made on the Motion Format Form and be positive or negative . Negative mot ions (mot ions to deny a request) should be made when the ZBA finds no special cond itions , no undue hardsh ip, 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. REHEARING * * Applicants must have the ZBA's approval to present the same or 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 denial , the applicant may request that the ZBA rehear the request at a future date. To make this request , the appl icant must submit to the Administrator new information that was previously not available to the Board . 10/10 Page 4 of 5 * * 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 cond ition 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 deadline to be scheduled for a future meeting . APPEAL DECISION If an applicant wishes to appeal a ZBA decision , he must file a petition with a court of record within ten (10) days after the date the decision is filed in the Planning & Development Services Department. 10/10 Print Form Pag e 5 of 5 I WEST, WEBB, ALLBRITTON & GENTRY A PROFESSIONAL CORPORATION ATTORNEYS: STEVEN N. ALLBRITTON+ ROY D. BRANTLEY * + COURTN EY S. CAIN DONALD DELGADO PATR ICK W. FOGARTY MICHAEL H . GENTRY**+ ROB GEORGE BRYANT. HANNA JENNIFER D. JASPER+ BAili B. RHODES JOHN "JAY" RUDINGER , JR . WELDON RUSSELL *** JOHN C. WEBB , JR . + GAINES WEST+ *BOARD CERTIFIED PERSO NA L INJURY TRIAL LAW TEXAS BOARD OF LEGAL SPECIALIZATION **BOARD CERTIFIED COMMERC IAL REAL ESTATE LAW TEXAS BOARD OF LEGAL SPECIALIZATION Zoning Board of Adjustments City of College Station 1101 Texas Ave . College Station , TX 77840 -Established in 1982 - October 20 , 2014 PRINCIPAL OFFICE 1515 EMERALD PLAZA COLLEGE STATION, TEXAS 77845-1515 TELEPHONE : (979) 694-7000 FACSIM ILE : (979) 694-80 00 260 ADDIE ROY RD ., SUITE 110 AUSTIN , TEXAS 787 46-4111 TELEPHONE : (512) 501-36 17 WEB SITE : http ://www .westwebblaw.com Writer's e-mail : mike .gentry@westwebblaw.com +Partner ***BOARD CERTIFIED ESTATE PLANNING AND PROBATE LAW TEXAS BOARD OF LEGAL SPECIALIZATION Re: Requested Variance by M.B. Flippen ("Applicant") From UDO "Accessory Use" Provision for Property Located at 1199 Haywood Drive ("Property") Dear Board Members : This matter concerns a requested variance by the Appl icant from the "accessory use " provision contained in Section 12-6 .5.B.5 of the City 's Uniform Development Ordinance ("UDO"). Applicant believes that special conditions exist which justify a variance in this instance . The Property Applicant purchased the 36.829 acre parcel on which the subject structures sit in 1990. Applicant also owns 34.448 and 23.76 acre parcels of land directly adjacent to the 36.829 acre parcel , resulting in a 93.057 acre "ranch " Property (see Exhibit "1 "). The Property is located adjacent to the Foxfire Subdivision , near the northeastern edge of the City limits, and was annexed by the City in 1992 . Variance Requested Applicant lives in a house located in the middle of the Property ("Residence") (see Exhibit "1 "). In October 2013, plans were approved by the City for Applicant to build a combined garage (on the first floor) and guest quarters (on the second floor) ("Carriage House") next to the Residence , and to expand and remodel the Residence . Applicant plans to live on the second floor of the Carriage House while the Residence is being remodeled . The October 20 , 2014 Page 2 original plans called for the Carriage House to be connected to the Residence by a heated , attached hallway ("Hallway") (see Exhibit "2"). Applicant now seeks to finish construction of the Carriage House and remodel the Residence without the attached Hallway , which will cause the Carriage House to be considered an "accessory use " under Section 12-6.5.B.5 of the UDO. Section 12-6 .5.B.5 provides that any "accessory use " shall "contain no more square footage than 25 percent of the habitable floor area of the principal structure, (with the exception of garage or carport areas devoted to the storage of vehicles, which shall not be included in the calculation and may ex ceed the 25 percent restriction)." (; 35"~ In Applicant 's case , the Residence as remodeled will contain ~ square feet (see Exhibit "3"), and the Carriage House when completed , not including garage space , will contain 3 , 188 square feet (see Exhibit "4"). Thus , the Carriage House will contain 50% of the square footage of the Residence , rather than the allowed 25%. Applicant is requesting a variance of 25% (50% minus 25%) from the UDO prov ision . Special Conditions Applicant believes several special conditions justif y a variance in this instance. 1. Water Drainage Patterns . One special condition is the water drainage pattern in the area . The Residence and Carriage House are located in the middle of a downward sloping portion of the Property . Subsequent to the Plans being approved by the City , the area has experienced several periods of excessive rainfall. It has become clear that the drainage pattern for a significant portion of the surrounding area causes water to drain in a channel directly between the Residence and Carriage House , in the location of the intended Hallway (see Exhibit "5" and video from September 18, 2014). In fact , rainfall in the past month has caused more than a foot of soil to erode from the drainage channel area , exposing several utility pipes (see Exhibit "6"). Applicant believes that the construction of the Hallway and diversion of the water from this channel to another location will not only present a significant and costly engineering challenge , but will adversely affect the water drainage pattern of the surrounding area . 2. Rural, Secluded Property . Another special condition is the rural and secluded nature of the Property. As explained above , the Residence is situated in the middle of a 93 acre ranch . The g ranting of this variance will in no way effect neighboring landowners , nor is it likely to set a precedent for future similar structures . 3. Tree Damage. Finally , several large , mature live oak trees surround the existing Residence and Carriage House , which applicant has worked d iligently to preserve and nurture (see Exhibit "5"). The addition of the Hallway will likely cause substantial damage to both the branches and root systems of these trees , and necessitate the removal of at least one tree . Conclusion Applicant believes that special conditions exist which merit an adjustment in this matter by the Zoning Board of Adjustments . Applicant requests that the Board grant a 25% "accessory use " variance from Section 12-6 .5.B.5 of the UDO. 25012\ZBA Letter_Rev ised 10-20-14 .doc October 20, 2014 Page 3 Thank you for your consideration of this request. 25012\ZBA Letter_Revised 10-20-14 .doc Exhibit "1" (the "Property") Google earth feet ! rreters F:::::::::::::====-;;;;;~~ 2000 700 Exhibit "2" )> I "" & • . • -0 ? q CGM Hom e B uilders 3204 l on.:Jmire Col!e.ge Stat.e n TX 77845 (97 9)7G4-G70 l Fl ippen Residence I I 99 Haywood Drrve Col lege S t ation TX '<;f" ....... 0 N 0 N ,_ Q) co ..c Q) .8 0) (.) C1l 0 CL M .:!: .c ..c >< w l I I I I I I I I I Out~oor u~1ng vautt4Cisilan<J I I I I I I I I I r I I I I I I I I Troph~ Room '-1~ I I I I I I EXISTING I CARPORT CORNEr I I EXISTING PORCH CORNER ""' Gallery ·~ ~ ~ I I "t m ~ .. I I I --~ '"""" Porch '"'""' uving ."""" ."""" Mstr Bdrm ."""" first Aoor Heated Ex1stm First Floor Heated Addin 5t:cond Aoor Heatt""..d Addm Tota! Heated Addin Total Heated Porches Total Covered 23Da -· 10-20-14 JTH 0 l'-<J) ,;. <J) l'-lf) ~ !.... " ~;;:; \j,,. -" -l'-::i" en I=' ~2 E~ 0" r: ~ 8 2. 0~ uJ ~ "' ~ t: 0 .;:; "' ~~ \fl \fl ::i" 0 :3' r: 0 cu -\) ~ > 2 i§ c " ~ a 1:1.... a \:)._~ -= :r: lL <n en --First Floor I ~Y.i"=l'-0' Al u 0 ~ -.i-~ 6 N 6 ~ -0 Q) <fl ·:;; Q) 0::: ~I Q) :::: Q) _J <l: ca ~ N ~ 0 L[) N Oct obe r 20 , 20 14 Page 7 Exhibit "4 " -+--. ·t ,__. I I I ·- ·-· --·--·.,.. .. ·-: o ~~ .. ' ' • ....;:; Q ·~· -~th : ~------+~-,~ lb!.'!t _.. t-:;1': I f-j;" : I\ ·-z_ ' -·--+ >----------------------/-1 ---l ----------.. -~,.-, O_~ -~11 --:= " T :p Ml ~ i J l ~ '6..~ l ~ ----.. .. ~·~ : I I I I ' 1---• ' ·i--.--..i.-.. : . ,__. I I I ~.:--.:-.:: rua -------~-----------------------...,-~--------·::.,,.,. -----------u ~ !! 5 ,,~. ii !! ~ . JUL -:; LAJ lAJ Br "~'13 :~ ' ' > :g :~11 GUCl~-IVI TI: ! [~--FFn ! -~;= § r-• .. .. ' ~~~i .-.1. ':: ' '3.U I a._ ........ ~ -< f\ tt : I ~ -·...--l'l ' ~!~ ~l~ l\'..J H.v \J.l 1: ' = " ' "'--------' --~---.:;:= .. -: -----__ "';...._-_....JI! -· . I I I ·-~-_ .... -~. ' ' ' ' Flippen Carriage House CGM Home Builders ~ I I ~:3 Haywood Dnve Colle':Jt: Station TX 320-l lon9"W• Cole¥ SUI'°" 1X 770<45197!>!7'"·'701 25 012\ZBA Letter_Revised 10 -2 0-14 .doc Exhibit "5" Exhibit "6" FOR OFFICE USE ONLY CASE NO .: I Y-c;l...l.P I CITY or C ou.EG E STATION Home o/Texm A&M University • DATE SUBM ITIED : \ 0 1 t L--\ I t LI TIME: \ O ·. L-l 0 C\J i03 '(Y\a\ L-J STAFF : _(>\~~~~------ ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: [8] $350 Zoning Board of Adjustment Application Fee . [8] 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. 0 Add itional 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 1199 Haywood Drive LEGAL DESCR IPTION (Lot , Block , Subdivision) A-901 , Thomas Carruthers, Tract 25.5, 36.829 ac. and adjoining 52 ac. APPLICANT/PROJECT MANAGER'S INFORMATION (Primary contact for the project): Name MB. Flippen flip@flippengroup.com E-mail mike.gentry@westwebbla w.com Street Address 1199 H aywood Drive City College Station State _Te_x_a_s ______ Zip Code _7_78_4_5 ____ _ Phone Number (979) 693-7660 Fax Number ---------------- PROPERTY OWNER'S INFORMATION (Please attach an additional sheet for multiple owners): Name MB. Flippen E-mail flip@flippengroup.com Street Address 1199 Haywood Drive City Colleg e Station State _Te_x_a_s ______ Zip Code _7_78_4_5 ____ _ Phone Numbe r (979) 693-7660 Fax Number ---------------- Current zoning of subject property A-0 ----------------------------- Acti on requested (check all that apply): 0 Setbac k variance O Parking variance 0 Sign variance 0 Lot dimension variance Appl icable ord inance sect ion to vary from : e c tion 12-6.5.B .5 (Accessory ses -Living uarters) 10/1 0 O Appeal of Written Interpretation 0 0 [8] Special Exception Drainage Variance Other Please see attached letter of ex planation Pag e 1 of 5 GENERAL VARIANCE REQUEST 1. The following specific variation from the ordinance is requested : A 14% variation from the "accessory use" provision of Section 12-6.5.B.5 (Living Quarters), enabling Applicant to not construct a planned hallway between his residence and carriage house . Please see attached letter. 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 . The water drainage pattern on the property, rural nature of the property, and the placement of mature trees on the property constitute special conditions justifying a variance . Please see attached letter. 3. The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financia /'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. Installing a hallway between the residential structure and carriage house will result in disruption of the natural water drainage patterns on the property and damage to large mature oak trees, both of which Applicant considers to be a hardship . Please see attached letter. 4. The following alternatives to the requested variance are possible : Installing a hallway be tween the residence and carriage house is a possible, but highly impractical, alternative. Please see attached letter. 5. This variance will not be contrary to the public interest by virtue of the following facts : The applicable structures are located the middle of a 93 acre ranch . The granting of this variance will not effect neighboring landowners or the public interest. Please see attached letter. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true , correct, and complete . IF THIS APPLICATION 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. /i)-13 -/{ Date 10/10 Pag e 2 of 5 CITY OF COLI.EGE STATIO N Home ofTextlS A&M Univers ity • 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 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 Administrator or floodplain ordinance variance request shall be preceded by the applicant submitting to the Administrator a completed: * * 1) Application 2) Request Form Applications and request forms are available from the Planning & Development Services Department or online at www .cstx .gov/aplications .. The Administrator shall assist the applicant in determining the zoning of the tract and in identifying the applicable ordinance section for the application. 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 Administrator shall inform the applicant of any extra materials required . An applicant shall submit the non-refundable application fee, payable to the City of College Station , to defray notification costs . The fee is required at time of application submittal. APPEAL OF THE PLANNING ADMINISTRATOR DECISION * Appeals of Administrator's decisions shall be filed within thirty (30) days of the decision . * * * * The ZBA shall hear the appeal within sixty (60) days after a complete application is received by the Administrator . 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 Administrator 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 & Development Services Department by 10 :00 AM on the designated deadline date , which is indicated on the attached Deadline/Meeting Date Information schedule . When the application and request form are received the item will 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 . 10/10 Page 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 mail 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 . = Notice by certified 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 less 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 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 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. 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 . 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. 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 previously not available to the Board. 10/10 Page 4 of 5 * * * * 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 anestablished deadline to be scheduled for a future meeting. APPEAL DECISION If an applicant wishes to appeal a ZBA decision , he must file a petition with a court of record within ten (10) days after the date the decision is filed in the Planning & Development Services Department. 10/10 Print Form::J Page 5 of 5 W E ST, WEBB, ALLBRITTON & GENTRY A PROFESSIONAL CORPORATION -Established in 1982 - ATTORNEYS: STEVE N N. AL LBRITIO N + ROY D. BRANTLEY *+ COURTNEY S. CAIN DONAL D DELGADO PATRICK W . FOGARTY MICHAEL H. GENTRY** + ROB GEO RGE BRYANT. HA NNA JENNIFE R D. JASPER+ BAili B. RHOD ES JOHN "JA Y" RUDI NGER , JR . WELDO N RUS SE LL *** JOHN C. W EBB , JR . + GAINES W EST + *BOARD CER TI FIED PERSO NAL INJUR Y TR IA L LAW TEXAS BOA RD OF LEGA L SP ECIALIZATION **BOAR D CERT IFIED COMMERC IAL REAL ESTATE LAW TEXAS BOARD OF LEGA L SP ECIALIZATION October 13 , 2014 Via Hand Delivery and Email: lsimms@cstx.gov Lance Simms Planning & Deve lopment Services City of College Stat ion 1101 Texas Ave . College Station , TX 77840 PRINCIPAL OFFICE 1515 EM ERA LD PLAZA CO LLEGE STATI ON , T EXAS 77845-1515 TE LEPHONE : (979) 694-7000 FA CS IM ILE: (979) 694 -8000 260 A DD IE ROY RD., SU ITE 11 0 AUSTI N, TE XA S 78746-4111 TELEPHO NE: (512) 50 1-3617 W EB SITE : http ://www .westwebblaw .com W ri ter's e-mai l: mike .gentry@westweb blaw.com + Partner *** BOARD CERTIFIE D ESTATE PLAN NI NG A ND PRO BATE LAW T EXAS BO A RD OF LEGAL SPECIALIZATION Re : M.B. Flippen Variance Request Application re: 1199 Haywood Drive ("Property") Dear Mr. Simms : I represent M.B. "Flip " Flippen ("Applicant ") in the above-referenced matter. Attached please find Applicant 's Zoning Board of Adjustment App li cat ion , attached explanation letter, and our firm 's check in the amount of $350 .00 as the Appl ication Fee . I am also enclosing a cd conta ining a video taken by Applicant on September 18 , 2014 of the water drainage issue that is addressed in the Application . Appl icant requests that this matter be heard at the Tuesday November 4 , 2014 Zoning Board of Adjustment meeting . Thank you for your help in this matter. Enclosures October 13 , 2014 Page 2 cc : With Enclosures Flip Flippen Paul Bedard Jeremy Peters John Hart via Email: flip@flippengroup.com via Email: paul.bedard@flippengroup.com via Email: jpeters@gessnerengineering.com via Email: john@cgmhomes.com 25012\Letter to Zoning Administrator _final 10-13-14 .doc W E ST, W EBB , ALLBRITTON & GENTRY A PRO FESS ION AL CORPORATION ATTORNEYS: STEVEN N. ALLBRITION + ROY D. BRA NTLEY * + COURTNEY S. CA IN DONALD DE LG ADO PATR ICK W. FOGARTY M ICHAEL H. GENTRY **+ ROB GEORGE BRYANT. HANNA JENNIFER D. JASPER+ BAili B. RHODES JOHN "JA Y" RUDINGER , JR . WELDO N RU SSELL *** JOHN C . WEBB , JR . + GAINES W EST+ *BOAR D CE RTIFIED PERS ONAL INJURY TRIAL LAW TEXAS BOARD OF LEGAL SP ECIALIZATION **BOARD CERTIFIED COMMERC IAL REAL ESTATE LAW TE XAS BOARD OF LEGAL SP ECIALIZATION Zon ing Board of Ad j ustments City of College Station 1101 Texas Ave . College Station , TX 77840 -Established in 1982 - October 13 , 2014 PRINCIPAL OFFICE 1515 EMERALD PLAZA COL LEGE STATION , TEXAS 77845-1515 TELEPHONE: (979 ) 694-7 000 FA CS IM ILE : (9 79) 694 -80 00 260 ADDI E RO Y RD ., SU ITE 11 0 AUSTIN , TE XAS 78 746 -4111 TE LEP HO NE : (51 2) 501 -3 617 W E B SITE : http://www .westwebblaw.com W rite r's e-m ail: m ike .gentry@westwebb law.com + Partner *** BOARD CERTIFI ED ESTATE PLA NNIN G AN D PROBATE LAW TEXAS BO ARD O F LEGAL SPECIALIZATION Re: Requested Variance by M.B. Flippen ("Applicant") From UDO "Accessory Use" Provision for Property Located at 1199 Haywood Drive ("Property") Dea r Boa rd Members : T his matte r concerns a requested variance by the Applicant from the "accessory use " provision contained in Section 12-6 .5.B.5 of the City 's Uniform Development Ordinance ("UDO "). Applicant believes that special conditions exist which justify a variance in this instance . The Property Applicant purchased the 36 .829 acre parcel on which the subject structures sit in 1990. Appl ica nt also owns 34.448 and 23 . 76 acre parcels of land directly adjacent to the 36 .829 ac re parcel , resulting in a 93 .057 acre "ranch " Property (see Exhibit "1 "). The Property is located adjacen t to the Foxfire Subdivision , near the northeastern edge of the City limits , and was annexed by the City in 1992 . Variance Requested Applicant li ves in a house located in the middle of the Property ("Residence") (see Exhibit "1 "). In October 2013 , plans were approved by the City for Applicant to build a comb ined garage (on the first floor) and guest quarters (on the second floor) ("Carriage House") next to the Residence , and to expand and remodel the Res idence . Applicant plans to live on t he second floor of the Carriage House while the Residence is being remodeled. The October 13 , 2014 Page 2 original plans called for the Carriage House to be connected to the Residence by a heated, attached hallway ("Hallway") (see Exhibit "2"). Applicant now seeks to finish construction of the Carriage House and remodel the Residence without the attached Hallway , which will cause the Carriage House to be considered an "accessory use " under Section 12-6 .5.B.5 of the UDO . Section 12-6 .5.B.5 provides that any "accessory use " shall "contain no more square footage than 25 percent of the habitable floor area of the principal structure, (with the exception of garage or carport areas devoted to the storage of vehicles, which shall not be included in the calculation and may exceed the 25 percent restriction)." In Applicant 's case, the Residence as remodeled will contain 7 ,579 square feet (see Exhibit "3"), and the Carriage House when completed , not including garage space, will contain 3, 188 square feet (see Exhibit "4"). Thus , the Carriage House will contain 42% of the square footage of the Residence, rather than the allowed 25%. Applicant is requesting a variance of 14% (42% minus 25%) from the UDO provision . Special Conditions Applicant believes several special conditions justify a variance in this instance . 1. Water Drainage Patterns . One special condition is the water drainage pattern in the area . The Residence and Carriage House are located in the middle of a downward sloping portion of the Property. Subsequent to the Plans being approved by the City , the area has experienced several periods of excessive rainfall. It has become clear that the drainage pattern for a significant portion of the surrounding area causes water to drain in a channel directly between the Residence and Carriage House , in the location of the intended Hallway (see Exhibit "5" and video from September 18, 2014). In fact, rainfall in the past month has caused more than a foot of soil to erode from the drainage channel area, exposing several utility pipes (see Exhibit "6"). Applicant believes that the construction of the Hallway and diversion of the water from this channel to another location will not only present a significant and costly engineering challenge, but will adversely affect the water drainage pattern of the surrounding area . 2 . Rural, Secluded Property . Another special condition is the rural and secluded nature of the Property . As explained above, the Residence is situated in the middle of a 93 acre ranch. The granting of this variance will in no way effect neighboring landowners, nor is it likely to set a precedent for future similar structures . 3. Tree Damage . Finally, several large , mature live oak trees surround the existing Residence and Carriage House , which applicant has worked diligently to preserve and nurture (see Exhibit "5"). The addition of the Hallway will likely cause substantial damage to both the branches and root systems of these trees, and necessitate the removal of at least one tree . Conclusion Applicant believes that special conditions exist which merit an adjustment in this matter by the Zoning Board of Adjustments . Applicant requests that the Board grant a 14% "accessory use " variance from Section 12-6 .5 .B.5 of the UDO . 25012\ZBA Letter_Final 10-13-14 .doc October 13 , 2014 Page 3 Thank you for your consideration of this request. 25012\ZBA Letter_Fina l 10-13 -14.doc Exhibit "1" (the "Property") Go gle earth feet r=====~-----rreters l • 2000 700 Exhibit "2 " N s : . e . n s Flippen Residence I 199 Haywood Dnvc Colle<J<' 5t•tl0f1 TX CGM Home Bu ilders ~ 32 ~ i.on,-o ~ 5t....,., TX 77e~5 !9 7 9J7 '~·'70 1 October 13, 2014 Page 6 Exhibit "3" Flippen Residence Remodel I 199 Haywood Dnve Colle'3" Statton TX 25012\ZBA Letter_draft .doc CGM Home Bu1lder5 ~ 3 2~ ~e Col<:¥ Sbt""' TX 77&<45 C'7'J7'~·,701 October 13 , 2014 Page 7 Exhibit "4" 4 : . ·+-1--• I I I I ····-l ' ._ .. _________ ,_,._,._ ' ' Of.JI .. ! . ...:. ~ ·-· ---.. I : ~l-----i-~-~ ..... L -: L' ··:t I I\ I _ t.+ -------------'= .. .A ... 1,. •• --------Ii' i:-· •!Lt.-' o~ -~i 1 --~~ T~/ J ;::;:; ~~~ 1 l I i -· -.... --·-·-.. __... .. -.. ' ' I I I I ' ,__.. I f--• ' : l---<·-+-~-...-~1-----..--1-+-~,-+-·--t .. -------m1------~-----1!11-·------~----..--~-----1!1---------'l :: :: :: er;:~· :: e :: ' J Flippen Carriage House CGM Home Builders ~ I I !1!1 Haywood Drive CotJe¥ Station TX 3204 '°"P'• ~ 5tot""' lX 77&45 197'17"4·~70 I 25012\ZBA Letter_draft .doc Exhibit "5" Exhibit "6" LEGAL NOTICE DATE TO BE PUBLISHED : MONDAY , OCTOBER 20 , 2014 BILL TO : Kristen Hejny 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 variance for an accessory living quarters for the property A-901 Thomas Carruthers , Tract 25 .5, 36 .829 Acres and adjoining 52 Acres generally located at 1199 Haywood Drive which is zoned GS General Suburban . The hearing will be held in the Administrative Conference Room at College Station City Hall , 1101 Texas Avenue at the 6 :00 p .m. meet ing of the Board on Tuesday , November 4 , 2014 . For additional information , please contact Mark Bombek , 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, OCTOBER 20, 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 Foll. AN RCI.f:SSOr;..y LIVINb a .. q112-1c:g.s A 11-~o/,THOMrr':> CA12-w--nt£.12.-~, -rf2.Aul ·z.:S .si ·~i-z,cr ALllt:-S ;'.JN~4PJ"O:Cif.JNw st..Alrz.Es /I /i. Gi:.tvt. 'i.!i"'i'-L'f LOUfT~ D variance for the propert y lee ate e at 1199 Haywood Drive which is zoned GS General Suburban . The hearing will be held in the Administrative Conference Room at College Station City Hall , 1101 Texas Avenue at the 6 :00 p.m. meeting of the Board on Tuesday, November 4 , 2014 . For additional information, please contact Mark Bombek, 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 . NOTICE OF PUBLIC HEARING : The College Station Zoning B<?ard of Adjustme nt will hold a public hearing to cons1der a va riance for an accessory living qua rlers for lhe properly A-901 Thomas Carruthers , Tr act 25.5 , 36.829 Ac res and adjoi ning 52 Acres generally localed at 11 99 Haywood Dr ive which is zoned GS General Suburban. T he hearing will be he ld in the Admi nistrativ e Conference Room at College Station City Hall , 1101 Texas Avenue at lhe 6 :00 p.m. meeting of the Board on Tuesday , November 4 , 2014 . For addi tio_nal information . please con ta ct Mark Bombek, Pro1ec1 Ma nager. a1 979.764 .3570 . Any requ est for sign interpretive se rvi ces for the hear ing impaired must be made 48 hours before the meeling . To make arrangemen ts call 979 . 764.354 1 or (TD D) 1.800. 735 .2989 . 10-20-14 NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment will hold a public hearing to consider a variance for an accessory living quarters for the property A-901 Thomas Carruthers , Tract' 25 .5, 36.829 Acres and adjoining 52 Acres generally located at 1199 Haywood Drive which Is zoned GS General Suburban. The hearing will be held in the Administrative Conference Room at College Station City Hall , 1101 Texas Avenue at the 6:00 p.m . meeting of the Board on Tuesday, November 4, 2014. For additional Information, please contact Mark Bombek, 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. 10-20-14 vr DEVELOPMENT REVIEW 1199 HAYWOOD DR Case: 14-261 ZBA LEGAL NOTICE DATE TO BE PUBLISHED : MONDAY, OCTOBER 20 , 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 variance for the property located at 1199 Haywood Drive which is zoned GS General Suburban . The hearing will be held in the Administrative Conference Room at College Station City Hall , 1101 Texas Avenue at the 6:00 p .m. meeting of the Board on Tuesday , November 4 , 2014 . For additional information , please contact Mark Bombek , 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 . October 20 , 2014 CITY or: Cm.LEGE STATION Hom ~ of ?l'xa s A&M Un iver;ity' Re: ZBA VARIANCE request for 1199 Haywood Drive NOTICE OF PUBLIC HEARING Th is is to notify you that the City of College Station is considering a ZBA Variance request for the following property : Applicant: Subject Property: Proposed Variance: Property Zoning: MB FLIPPEN 1199 Haywood Drive (See attached location map.) An accessory living quarters in excess of the allowed size for such structures. GS -General Suburban The Zoning Board of Adjustment will hold a PUBLIC HEARING on Tuesday, November 4, 2014, at 6:00 p.m. to cons ider the request The PUBLIC HEARING will be held in the City Hall Administrative Conference Room located at 11 01 Texas Avenue , College Station , Texas. All owners of the subject property and property owners within 200 feet of the subj ect property have received notification of this request The PUBLIC HEARING is your opportunity to speak i n favor of or in opposit ion to the variance request If you are unable to attend the PUBLIC HEARING but would like your op i nion 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 . Fo r additional i nformation , contact the Planning & Development Services Department , 979.764 .3570 . MARK BOMBEK Project Manager Pl11n n i11g & D n1£'lopml'll t Sal'ices I' 0 Hl )X •1%0 • l lO l TEXAS AVENUE • COLI .ECE ST ATION • TEX:\S • 778-i2 TE L. <J7<J.7c,4_y;::-o ·FAX . 'J79 .76Li.J!i% csh<.gov/devservices R E RS GS R-1B D T Rural Estate Restricted Suburban General Suburban Single Family Residential Duplex 1i h own ouse R-4 R-6 MHP 0 SC GC Cl BP vr DEVELOPMENT REVIEW Multi-Fam My High Density Multi-Family Manufactured Home Park Office Suburban Commercial General Commercial Commercial-Industrial Business Park BPI NAP C-3 M-1 M-2 C-U R&D PMUD - Business Park Industrial Natural Areas Protected Light Commercial Light Industrial Heavy Industrial College and University Research and Development Pia D lo nned Mixed-Use eve 1pment 1199 HAYWOOD DR Case: 14-261 POD WPC NG-1 NG-2 NG-3 ov ROD KO Planned Development District Wolf Pen Creek Dev. Corridor Core Northgate Transitional Northgate Residential Northgate Corridor Overlay Redevelopment District Krenek Tap Overlay ZBA October 20 , 2014 CITY 0 1' (Ol.1 .E G I ~ STr\Tl ON Home of Texas A&M Univmi1y • Re: ZBA VARIANCE request for 1199 Haywood Drive NOTICE OF PUBLIC HEARING Th is is to notify you that the City of College Station is considering a ZBA Variance request for the following property: Applicant: Subject Property: Proposed Variance: Property Zoning: MB FLIPPEN 1199 Haywood Drive (See attached location map.) An accessory living quarters in excess of the allowed size for such structures. GS -General Suburban The Zoning Board of Adjustment will hold a PUBLIC HEARING on Tuesday, November 4, 2014, at 6:00 p.m. to consider the request. The PUBLIC HEARING will be held in the City Hall Administrative Conference Room 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 . Fo r additional information , contact the Planning & Development Services Department , 979.764.3570 . MARK BOMBEK Project Manager P/11nui11g & Developml'llt Sl'1'11ices I' 0 Hll:\. '1%0 · J 1(1 l 11 XA '-AVENUE · <:Ol.LLCE '.-> l'.-\TlO N • TEXA<; • 778-!2 ·1 LI .. '17'1.761.Yi70 ·FAX. 9''l.7 '1/i.J 1% cst>c.gov/devservices R E RS GS R-1B D T Rural Estate Restricted Suburban General Suburban Single Family Residential Duplex li h own ouse R-4 R-6 MHP 0 SC GC Cl BP vr DEVELOPMENT REVIEW Multi-Fam~y High Density Multi-Family Manufactured Home Park Office Suburban Commercial General Commercial Commercial-Industrial B . P rk us1ness a BPI NAP C-3 M -1 M-2 C-U R&D PMUD - Business Park Industrial Natural Areas Protected Light Commercial Light Industrial Heavy Industrial College and University Research and Development Pia d M. d U D lo nne 1xe -se eve >pment 1199 HAYWO O D DR Case : 14-261 POD WPC NG-1 NG -2 NG -3 ov ROD KO Planned Development District Wolf Pen Creek Dev. Corridor Core Northgate Transitional Northgate Residential Northgate Corridor Overlay Redevelopment District K kli 0 rt rene ap ve ay ZBA October 20 , 2014 CITY Cll' Co1.1 .12 c;1 :. STr\T IO N Home o/li:xas A&M Uni11mity ' Re: ZBA VARIANCE request for 1199 Haywood Drive NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is considering a ZBA Variance request for the following property : Applicant: Subject Property: Proposed Variance: Property Zoning: MB FLIPPEN 1199 Haywood Drive (See attached location map.) of u" /) .Ari Acces ory-Livin Quarter \ vl:.L~ -...-..r IV lk:.-{), \ \ tJ\fJ t)\ U,, S U C SI rl:,{ ch,~('C_) GS -General Suburban The Zoning ara of Adjustment will hold a PUBLIC HEARING on Tuesday, November 4 201, t 6:00 p.m. to consider the request. The PUBLIC HEARING will be held e City Hall Admin istrative Conference Room located at 1101 Texas Avenu , 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 addit ional information , contact the Planning & Development Services Department , 979.764 .3570. MARK BOMBEK Project Manager Pl11n11i11g <f Devt•lopmt•nt Savices I' () ])\ ). <l'lh(I • l l I\ l 1·l XA~ \\ l , T F · 0 H l.l·<.l '. l '..\TlON • n ::X:\'\ • 77S~2 TFI . <f''l.-(1'1. 1~:-1) • l·i\X 9~'J.-h4 .11'><> cstx.gov/devservices Name and Address of Sender Check type of mail or service : Affix Stamp Here I (If issued as a certificate of mailing, or for additional copies of this bill) neopost 10/17/2014 Article Number + 1. 14-261 RIDLEY HAL R JANET J & JEAN PFLUGER 2 . PO BOX 506 3 . 4. 5 . 6. 7 . 8 . HUNTSVILLE, TX 77342-0506 14-261 TRAMONTE MICHAEL N & KATHRYN N 7758 CHANTILLY CIR GALVESTON, TX 77551-1629 14-261 HILTON FAMILY TRUST HENRY W SR & LYDIA HILTON TRUSTEES 4978 AFTON OAKS DR COLLEGE STATION , TX 77845-7666 Total Number of Pi~Total Number of Pieces Listed by Sender 3 1 Received ~ffice PS Form 3877, February 2002 (Page 1 of 2) Certified COD Delivery Confirmation Express Mail Insured Recorded Delivery (International) Registered Return Receipt for Merchandise Signature Confirmation Mdressee (Name, Street, City, State, & ZJP O:Kie) j_ Postage __[_ I Postmark and Date of Recei t t Fee Handling 1 µharge I I -+ I US POSTAGE $01.41Q ZIP 77840 041L11239588 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 maximum indemnity payable for the reconstruction c:I nonnegotiable documents under Express Mail docurrent reconstruction insurance is $500 per piece subject to additional linitations for multiple pieces lost or damaged in a single catastrophic occurrence. The maximum indemnity payable on Express Mail rrerchandise 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 inderrnity payable is $25,000 for registered mail sent with optional postal insurance. See Domestic Mail Manual R900, S913, and S921 for limitations c:I coverage on insured and COO mail. See International Mail Manual for linitations of coverage on international mail. Special handling charges apply only to Standard Mail and Parcel Services parcels . Name and Address of Sender Check type of mail or service : Affix Stamp Here (If issued as a Certified Recorded Delivery (International} certificate of mailing, [ l COD D Registered or for additional Delivery Confirmation Return Receipt for Merchandise copies of this bill) Express Mail cJ Signature Confirmation Postmark and ~~~~~~~~~~~~~~~~-t-~n"-"-1n~su~re~d'--~~~~~~~~~~~~---,-~~~TD~at_e _o_fR_e_c,e~i ~t --:::-_ Handli ng 1. 2. Article Number 14-261 LOWERY MARK R 105 DECKER CT IRVING , TX 75062 -2353 14-261 3 . KRIVDO TIMOTHY P & ADRIANA A 4 . 5 . 6 . 7 . 114 PAR K PL COLLEGE STATION , TX 77840-2845 1 4-26 1 ENGELKING JO 3727 E 29TH ST BRYAN , TX 77 8 0 2 -3902 14-261 TH OMAS SU NSHI N E N & BESSI E & JOE BUR T ON 203 LU THER ST f OL LE GE ST AT IO N , TX 77840-6165 14-261 HYDER SYED Mcressee (Narre, Street, City, State, & ZIP Code) Postage Fee Charge --+- -~-- neopost. 10/17/2014 US POSTAGE $02.35Q ZIP 77840 041L11239588 :R ee 8 . 911 WINGED FOOT DR COLLEGE STATION, TX 77845-8973 / ___,_ _____ t __ _,_ .. --~+--~t ~~~-~_,_·~·~~-~ ~ See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Pag e 1of2) 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 maximum inderrnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to additional limtations for multiple pieces lost or damaged in a single catastrophic occurrence. The maxirrum indemnity payable on Express Mail merchandise insurance is $500, but optional Express Mail Service merchandise insurance is available for up to $5,000 to son-e, but not all countries. The maximum indemnity payable is $25,000 for registered mail sent with optional postal insurance. See Domesac Mail Manual R900, S913, and S921 for limtations of coverage on insured and COO mail. See International Mail Manual for limtations of coverage on international mail. Special handling charges apply only to Standard Mail and Parcel Services parcels. ',..> Name and Address of Sender Check type of mail or service : ] Certified COD ] Delivery Confirmation Express Mail 0 Insured Recorded Delivery (International) Registered Return Receipt for Merchandise Signature Confirmation Article Number Add"essee (Narre, Street, City, State, & ZJP Code) Postage 1. 2 . 3 . 4. 5. 6 . 14-2 61 G O NZALE S FA MI LY TR U ST & SU RANG SI U RUB EN C G ON ZALES JR TRUSTEE 888 BROW NI NG PL MONTEREY PAR K, CA 91755 -5747 14-261 MI ESS E PAU L M JR 4 59 3 SPENCER DR PLANO , TX 75024-6355 14-261 ORENDAY GABRIEL & MARIA 608 MARYEM ST COLLEGE STAT ION , TX 77840-2859 14-261 WILDING CHARLES S \F ION, 7'~ 7 . 4 91 2 AUGUSTA CIR ~/~> COLLEGE STAT~:_:G~ 7784rt~C1 \ 7 lO\~ ~::- NOEL PATRICIA \ 1225 COUNTY ROAD 138 '-j 1 HUTIO, TX 78634-5127 '-.____/ 8 . Total Number of Pieces Listed by Sender 6 Total Number,~!Jc!ftfs Received at P~ce employee) I I -+ --t - --L I I i ~ I I I I Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Recei t Fee ~ neopost.11 10/17/2014 US POSTAGE I I ! ! i I ! ; I I $02.35Q ZIP 77840 041L11239588 I t------- -~·. I I LI : I I -'.j--~ .• ·~· See Privacy A ct Statement on Reverse PS Form 3877, February 2002 (Page 1of2) Complete by Typewriter, Ink, or Ball Point Pen e ~ PS Form 3877, February 2002 (Page 2 of 2) TI1e full dedaration of value is required on all domestic and international registered mail. TI1e maxim..im indermity payable for the reconstruction of nonnegotiable documents under Express Mail doa.rnent reconstruction insurance is $500 per piece subject to add~ional limitations for multiple pieces lost or darraged in a single catastrophic ocrurrence. TI1e 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. TI1e rraximum 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 appiy only to Standard Mail and Parcel Services parcels. \ .. . ,, Name and Address of Sender Check type of mail or service: Certified COD Delivery Confirmation Express Mail Insured Recorded Delivery (International) J Registered ;:J Return Receipt for Merchandise Signature Confirmation Article Number Add"essee (Naroo, Street, City, State, & ZIP Code) Postage 1 . 2 . 3. 4 . 5. 6 . 7 . 8. 14-261 MB FLIPPEN 1199 HAYWOOD DR COLLEGE STATION , TX 77845 14-261 HEIFRIN FRANK 11580 GOLD NUGGET COLLEGE STATION, TX 77345_7856 14-261 BANUELOS !RENE 701 MARYEM ST COLLEGE STATION, TX 77840-2860 14-261 CANNON MICHAEL q;I A~ 111 LUTHER Sr ~............_-"-~..f_. ___ _ COLLEGE STATION , TX /7840-6163 '\. ,t 14-261 ( ) CT \ 7 2014 t. BONFIRE PROPERTIES L ~ ~ j / 1341 S PRESTON RD ~~' CELINA, TX 75009-3891 1 1 PS Tota l Number of Pieces Total Number,~~~ostmaSte , er m Lis ted by Sender Received at P~ce 1 I Affix Stamp Here (If issued as a I certificate of mailh or for additional copies of this bill) Postmark and Date of Recei t . I H~t Fee~ I _J_ neopost. 10/17/2014 US POSTAGE $02.35Q ZIP 77840 041L11239588 ~ I r ~ e Fee ~-----'--J_ tt See Privacy Act Statement on Reverse PS Form 3877, February 2002 (Page 1of2) omplete by Typewriter, Ink, or Ball Point Pen PS Form 3877, February 2002 (Page 2 of 2) The full declaratioo of value is required oo all domestic and intematiooal registered mail. The maxirrum indermity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per pieoe subject to addrtiooal limitations for rrultiple pieoes lost or damaged in a single catastrophic occurrence. The maxirrum 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 not all countries. The maxirrum inderrviity payable is $25,000 for registered mail sent with optiooal 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 internatiooal mail. Special handling charges apply only to Standard Mail and Parcel Services parcels. _\ Name and Address of Sender Check type of mail or service: Certified J_ []COD Delivery Confirmation Express Mail r--, Insured Recorded Delivery (International) D Registered Return Receipt for Merchandise LJ Signature Confirmation Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) Postmark and Date of Re cei t neopost. 10/17/2014 US POSTAGE Article Number Adctessee (Narre, Street, City, State, & ZIP Code) ~stage Fee t Handling Charge ~ P. • •• 1. 2 . 3 . 4. 5. 6 . 7. 8 . 14-261 514 PROPERTIES LLC 3091 UNIVERSITY DR E BRYAN, TX 77802-3494 14-261 TUPLE PROPERTIES LLC PO BOX 5635 BRYAN , TX 77805 -5635 14-261 WILDING CHARLES & LAURA J & DAVID L W ILDING 491 2 AUGU ST A CIR COLLEGE STATION , TX 77845-8982 14-26 1 STEWART ALBERT & BERNARDA 606 MARYEM ST COLLEGE STATION , TX 77840-2859 14-261 BUSH SUZIE ~- % BUSH MARGARET ~ c , f\ I I ( 6400 LUKE BUSH L < ,,,..-- CALDWEL L, TX 77836 <i i 38 " I 0 () 0 -1 L l -<---- I I !i 1 ~ _ _J_ _L __J____.J______J_ $02.35Q ZIP 77840 041L11239588 -'--- 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 maximum indenTiity payable for the reconstruction of nonnegotiable documents under Express Mail docurrent reconstruction insurance is $500 per piece subject to add~ional !irritations for multiple pieces lost or darraged 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 sorre, but not all countries. The maxirrum indemnity payable is $25,000 for registered mail sent with optional postal insurance. See Domestic Mail Manu<i R900, S913, and S921 for li~ations of coverage on insured and COO mail. See lntemational Mail Manu<i for !irritations of coverage on international mail. Special handling charges apply only to Standard Mail and Parcel Services parcels. DATE : TO : FROM : SUBJECT : October 20 , 2014 CITY OF Car.LEGE STATION Home of Texas A&M University • MEMORANDUM M.B . Flippen , via ; flip@flippengroup.com Mark Bombek , Staff Planner 1199 HAYWOOD DR (VAR) 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 , October 22 , 2014 . If you have questions in the meantime , please feel free to contact me . PC : Mike Gentry , via ; mike .gentry@westwebblaw.com Paul Bedard , via ; paul.bedard@flippengroup .com Jeremy Peters , via ; jpeters@gessnerengineering .com John Hart , via ; john@cgmhomes .com P&DS Project No. 14-00900261 Planning & Development Services P.O. BOX 9960 • l 101 TEXAS AVENUE • COLLEGE STAT'JON ·TEXAS · 77842 TEL. 979.764.3570 ·FAX. 979.764.3496 cst>(.gov/devservices CITY OF Coll.EGE STATION H11-11fTexASA&M U7Uvmiry• FOR OFFICE USE ONLY CASE NO.: \ 4 -Z:~ I DATE SUBMITTED : I 0 j 20 ( q TIME: y : DO STAFF: AcJ" PLANNING & DEVELOPMENT SERVICES TRANSMITTAL LETTER Please check one of the options below to clearly define the purpose of your submittal. D New Project Submittal D D Incomplete Project Submittal -documents needed to complete an application . Case No.: Existing Project Submittal. Case No.: \ .?'.\--2 (/J \ Project Name__,\'--'-\ _q=--q_,____._f_~----"--+'\A~J O:;__o_c\_---=\)'--( _________ _ Contact Name ---------------Phone Number ____________ _ We are transmitting the following for Planning & Development Services to review and comment (check all that apply): O Comprehensive Plan Amendment O Rezoning Application O Conditional Use Permit 0 Preliminary Plan O Final Plat 0 Development Plat O Site Plan O Special District Site Plan O Special District Building I Sign 0 Landscape Plan INFRASTRUCTURE AND ENGINEERING DOCUMENTS 0 Non-Residential Architectural Standards 0 Irrigation Plan 0 Variance Request 0 Development Permit 0 Development Exaction Appeal D FEMA CLOMA/CLOMR/LOMA/LOMR 0 Grading Plan ~ Other -Please specify below Y\ Q µ) V\f '9 \ ( c.ctl:Mm2 All infrastructure documents must be submitted as a complete set. The following are included in the complete set: 0 Comprehensive Plan Amendment 0 Waterline Construction Documents 0 TxDOT Driveway Permit D Sewerline Construction Documents 0 TxDOT Utility Permit 0 Street Construction Documents D Drainage Letter or Report D Easement Application 0 Fire Flow Analysis 0 Other -Please specify Special Instructions: 10/10 lo-t.LJ-l'-t ~\II~ L£T7£0--s I li")(H--:z: ~-rs W E ST, WEBB , ALLBRITTON & G EN TRY A PRO FESSI O NAL C OR P OR ATI O N -Established in 1982 - ATTORNEYS : STEVEN N. ALLBRITION + RO Y D. BRANTLEY *+ COURT NEY S. CA IN DONALD DELGADO PATRICK W . FOGARTY MICHAEL H. GENTRY **+ ROB GEORGE BRYANT. HANNA JE NNIFER D. JASPER+ BAILI B. RHODES JOHN "JAY" RUDINGER , JR . WELDON RUSSELL ••• JOHN C. WEBB , JR. + GAINES WEST+ *BOARD CERT IFIED PERSONAL INJURY TRIA L LAW TEXAS BOARD OF LEGA L SPECIALIZATION **BOARD CERT IFI ED COMMERCIAL REAL ESTATE LAW TEXAS BOARD OF LEGA L SP ECIALIZATIO N October 20 , 2014 Via Hand Delivery and Email: /simms@cstx.gov Lance Simms Plann in g & Development Services City of College Station 1 101 Te x as Ave . College St ation , TX 77840 PRINCIPA L OFFICE 1515 EMERALD PLAZA COLLEGE STATION , TEXAS 77845-1515 TELEPHONE : (979) 694-70 00 FACSIMILE : (979) 694-8 000 260 ADD IE ROY RD ., SU ITE 110 AUSTIN , TEXAS 78746-4 11 1 TELEPHONE: (512) 501 -3617 WEB SITE : http://www .westwebblaw .com W ri ter's e-ma il : m ike .gentry @westwebbla w.com + Pa rt ner •••BOARD CERTIFIED ESTATE PLAN NI NG AND PROBATE LAW TEXAS BOARD OF LEGAL SPECIALIZATION Re: Revision to M.B. Flippen Variance Request Application re : 1199 Haywood Drive ("Property") Dea r M r. S imms : I represent M .B. "Fl ip" Flippen ("Applicant") in t he above -referenced matte r. I am subm itt in g the attached revised Zoning Board of Adjustment Appl ication and explan at ion letter in orde r t o reflect the recently revised antic ipated squa re footage of the remodeled primary residence at issue i n this matter. The square footage of the residence has been reduced slightly t o 6 ,353 square feet , result ing in a slightly larger requested variance of 25% from UDO Section 12-6 .5 . B .5 (Accessory Uses -Liv i ng Quarters). T hank yo u fo r your attent ion to this matter. En closu re s October 20, 2014 Page 2 cc : With Enclosures Mark Bombek Flip Flippen Paul Bedard Jeremy Peters John Hart via Email: mbombek@cstx.gov via Email: flip@flippengroup.com via Email: pau/.bedard@flippengroup.com via Email: jpeters@gessnerengineering.com via Email: john@cgmhomes.com 25012\Letter to Zoning Administrator 10-20 -14.doc