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HomeMy WebLinkAboutVAR2000-000101 (2)NOTICE OF PUBLIC HEARING The College Station Zoning Board of Adjustme nt wi ll ho ld a public hearing to con- sider a fro nt setback va r- iance for 2 16 Stuttg art Cir- cle . Appli can t is W. R. Tub bs , Inc . The hea ring will be held in the Co un cil Room of th e College Station City Hall , 1101 Tex as Aven ue at th e 6 :00 p .m. me etin g of th e Board on Tu esday, July 18 , 2000 . Any requ est for si gn inter- preti ve se rvi ces for th e hear- ing imp ai red mu st be made 48 ho urs before th e meeting . To make arr angements call (979) 76 4-3547 or (TDD) 1-800-735-2989 . For additional information pl ease co ntact me at (979)764-3 570 . Shauna Laauwe Staff Pl anner 7-5-00 CONST RUCT ION, lNc. WII..LIAM R OBERT TUBBS "•·. 111 CUSTO!ER OPER : KFORD CT DATE: 6/01/00 00 "DESCRI PTIOll QTY KISC BLDG IllSP C 1 TENDER DETAIL 409-764-9780 MOBILE 255-353 1 DRAWER: 1 RECEIPT : 0230176 AKOUllT TP TK $25 .00 11D CK CK 1754 $25 .00 DATE: 6/01/00 TIME : 16:30:34 TOTAL PERSOllAL CHECK $25 .00 AMOUNT TENDER ED $25.00 THANK YOU NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adju stment will hold a public hearing to re- hear a rear setback var- iance for 216 Stuttgart Cir- cle . Applicant is W.R. Tubbs Construction Inc . The hearing will be held in the Council Room of the Col- lege Station City Hall, 1101 Texas Avenue at the 6:00 p.m. a special meeting of the Board on Tuesday, August 29 , 2000 . Any request for sign inter- pretive service s for the hear- ing impaired must be made 48 hours before the meeting . To make arrangements call (409) 764-3547 or (TDD) 1- 800-735 -2989 . For additional information , please contact me at (409) 764-3570 . Shauna Laauwe I Staff Planner 8-16-00 ~ITY 0 v~LLEGE STATION Ill CUSTO MER RECEIPT Ill OPER : GM ESSARRA CT DRA WER : 1 DATE : 5/26/00 00 RECEIPT: 0225247 DESCRIPTION QTY KISC BLDG INSP C 1 KISC PLANNING CH 1 TENDER DETAIL AMOUNT TP TK $50 .00 11D CK S2 .00 12D CK CK 1747 $52 .00 DATE: 5/26/00 TIME: 14 :11 :03 TOT AL PERSONAL CHECK $52 .00 AMO UNT TENDERED $52 .00 THANK YOU CR102UGL CITY OF COLLEGE STATION Single payment entry -ITHACA 150 SERIES Operator ID: SSHARP Date: 3/30/10 No: 00 Payment type(F4) N2 SALES TAX PAYABLE/202 Description Press Enter to tender. Payment amount Quantity ... Bank code . (F4) 00 Project # . ( F4) Cred i t acct Debit acct ... Opt PmtTp SubTp P/D NG Total: F4=Prompt F9=Batch Totals Fll=Clear payment F12=Cancel F14=CX INQUIRY F16=MR INQUIRY .5/ .JU/ .LU 09 :08 :39 Amount 152 .42 152.42 COLLEGE STATION P. 0 . Box 9960 Thursday, August 31 , 2000 Brazos County Abstract Company Attn: Kathy Patton 418 Tarrow College Station, TX 77840 110 1 Texas A ve nu e Tel: 409 764 3500 RE: Property located at 216 Stuttgart Blk 25, Lot 9 Edelweiss Subdivision Dear Kathy : Co llege Stati on . TX 778 42 This letter is to serve as verification of a zoning variance granted to the above-mentioned property. On August 29 , 2000 , the Zoning Board of Adjustments granted a 9.08 foot rear setback variance to the required 25' rear setback set by the College Station Zoning Ordinance. The variance affects a 98.80 square foot section of the back east comer of the structure that at its furthermost point extends to only 15.93 feet from the rear property line. A variance remains with any piece of property in perpetuity . The approved minutes of the meeting constitute the official public record of the meeting and vote. The minutes of the August 29 , 2000 will not be approved, at the earliest, until the next meeting scheduled for October 3rd . A copy of the approved minutes will be available the day after the next meeting of the Board. If you have any questions regarding this matter, please do not hesitate to give me a call. Thank you. Sincerely, ~~«~ Shauna A. Laauwe Staff Planner Cc: 1. ZBA file 2 . Lender letter file Home of Texas A&M University SCALE : 1" LEI;ENO: ., UG~ POL£ WOOD FENC E CONCRET£ I , . <--.·-.I 30' PCR C!ED M€51RIC11~ tl:Yl/31!1 Tl£RE. IS Rf:SOM:O A llUHllO EA5DA£NT AP«> Ni ENCROIO:l6ENT ~EN T CJVER AU. LOIS NfJ CCMIOI ... £AS . 9111.l»IC 5ETllNX ~ES ,£1! CITY CT CGU£C£ S.,ATION OR?INA~CE NO . HIJ8. CM -COf..'TRIOWNG UCNl&E'Hf '°'"""D JtiNO 11~ro ro CSTAllU~H l'l!lll'lll'TY UMES. !l[Alt!MI? STSTE~ Sllrnll~ ~!ltroN 15 ~C THC: PLAT ~CD ~ 1tS SHaMf ON IKE ~~~rii,1~w..ijr'~ 231, AH> C1 R=65.oo' 0=3'4'50'27• L=J9.:l3' 1=20.40' LC=.J8.92' ca-s 15·42•12• LOT 10 BLOCK 25 tOT B BLOCK 25 !Ml\IUOR'S CERTlflCAl!:: I, BR.10 l([RR, R.P.L .S. NO. 4~02, DO HEl!EBY CfJlllFY lHAT lHIS FUT IS A lR\JE R£PflC501TAnOH Of' A SU~ MJIDE ON Tiil GllOll>IO UPfOEft MY SuPUM~OH NCI Tttf.T lltERE NtE NO £HCRCW>th!EMT5 ON lHIS lFW:T EXCEJ'f llS SHOWll HEREON. 1\tS TRACT P0CS HOT UE W!rHN A DE$1CNAiED tOO YEAR FlOOO PU.IN ACCOROING TO T/£ FJ .RU. hW'S, CCl.!MUNITY PANO. Na. 4!!041C0 182 C, EFFECTM:: OATt:: 07-o:!-19112.. ~ KEllR RE<JSTtflED PFIOFESSIOIW. I.AND SURllO'OR NG. ~!:02 BUYcR DEREK 0 . SAWYER TITLE BR/llZOS COUf'llY COll?Ai\'Y A?ISTRACT COMPNllY C.F. Nu . 13Ja1.'!I LANO TITLE SURVEY Pl.AT OF LOT 9, BLOCX 25 EDELWEISS EST.-.TES . PHASE 7-A VOLUME 3576. PACE 241 BRYAN , BRAZOS COUNT(, TEXAS SlC"l.f, t IHCH -JO FEET ~l.f!\'£Y OATIE! 07-05-00 Pl» CATIE: 07-05-DO JOB NUMBER: IX>-il!l20 CAD HMIE: 00-0l::!<l CR5 fO..E : EL'ELJA (co,,;): CID-0820 (.io'o) PRO'IORIJI Eh': II ER~ Sl.ll\IE'TJl'IC = XO CtllJIU:H STJUT, P.O. llOI :ICIV CDLl£i;[ STATllN, TEXAS nll41 ll'HOMI: ( .. ot) 2-e&-.Jl!iil?t MINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS July 18, 2000 6:00 P.M. MEMBERS PRESENT: Chairman Bond, Hill , Lewis, Sheffy & Richards . (Alternate Members Corley & Goss were in the audience) MEMBERS ABSENT: Dr. Toni Hynds & Dick Birdwell . STAFF PRESENT: Senior Planner Kuenzel, Staff Assistant Grace, Staff Planne Laauwe, Assistant City Attorney Ladd, Staff Planner Jimmerson, Staff Planner Hitchcock. Development Services Customer Service Representative Cruce. AGENPA ITEM N0.1: Call to order -Explanation of functions of the Board. Chairman Bond called the meeting to order and explained the functions of the Board . AGENDA ITEM NO. 2: Consider Absence Request from meeting. No request forms were turned in . AGENDA ITEM NO. 3: Consideration of a rear setback variance at 216 Stuttgart, lot 9, block 25, Edelweiss 7-B. Applicant is W.R. Tubbs. Staff Planner Laauwe stepped before the Board and presented the staff report . Ms. Laauwe told the Board that the applicant is requesting the variance for an error made during construction. This case involves a construction error made at the site plan stage. The applicant designed the home believing that the 10-foot public utility easement (PUE) line shown on the plat was the rear setback line . Unfortunately the Building Department, during the plans review process, did not catch the error. During routine inspections, an inspector did request that the setback lines be laid out with a string line . However, thinking that the PUE was the setback line, this was also done in error. The realization of the mistake was not made until the certificate of occupancy was issued. The result of the error is that a 98 .80 square foot section of the back east corner of the home is encroaching into the rear setback. At its furthermost point, the comer extends to only 15 . 92 feet from the rear property line , thus the applicant is requesting a rear setback of 9. 08 feet . The applicant offers a special condition of the error made during the construction process . In addition, the Board may consider the lot's irregular shape as a special condition. The construction of the home is complete, thus the corner of the home would have to be removed . ZBAMinutes July 18, 2000 Pagel o/9 The only alternative to the variance is to tear down the comer of the home that is encroaching into the setback. The City is not under the current policy of rectifying setback violations. If the variance is denied, any future seller of the home would have to obtain a letter stating that the City does not intend to enforce the setback at that time . The applicant has stated that the backyard is large in proportion and that the encroachment will not be a problem to the safety, access or the aesthetics of the subject property or surrounding properties . Ms. Laauwe ended her staff report with pictures of the property. Mr. Hill asked Ms. Laauwe whose oversight was it that allowed this encroachment to occur. Ms . Laauwe replied that the building inspector missed it but it is ultimately the builder's responsibility . Mr. Hill asked if the PUE was shown on the drawing indicating the rear setback when submitted for pennit. Ms . Laauwe replied that it is her understanding the PUE line was seen and it was believed to be the setback line. The inspector who inspected the slab thought it was a little off and he asked the builder to put out the string lines to pull the building setbacks, but again the builder thinking the PUE was the setback line , that was the setback line he drew. Mr. Lewis referred to the drawing that was turned in for the building pennit. The drawing indicating the position of the house on the lot. It showed the 10 foot PUE but not the rear setback line . Ms . Laauwe replied that it did not show the rear setback. Mr. Lewis stated that it is hard for him to understand if the line had been indicated, it would have been obvious that the house would not fit in that position on the lot. Ms. Laauwe explained that the PUE is located on the plat but not setbacks . Ms. Laauwe guessed that the plan reviewer saw the dash lines of the PUE and assumed it to be the rear setback line . Mr. Richards asked what would the recourse be if the variance is denied . Ms. Laauwe replied that the home would be considered non-conf onning. At this time the builder would not be required to tear down the comer of the home that is encroaching. It will make it more difficult to sell the home because each time the home sold the city would have to do a letter to the title company stating the city is aware of the encroachment but at this time are not going to enforce it. Chairman Bond opened the public hearing. W . R. Tubbs, the applicant, stepped before the Board and was sworn in by Chairman Bond. Mr. Tubbs told the Board that setback variance being requested is a mistake on his part and he takes full responsibility. Mr. Tubbs stated he submitted the application thinking the rear setback was a 15-foot setback and not a 10-foot setback. The 10-foot PUE was noticed but the slab was set up at a 15-foot setback. Mr. Tubbs explained to the Board that when construction plans were drawn the line was not drawn on the site plan . Mr. Tubbs added that he had drawn the plans himself. Mr. Tubbs stated to the Board that his construction company as well as the city missed that error. Mr. Tubbs told the Board that it was he who caught the encroachment when he submitted the plans to the city for the construction of the home next door. An architect he had hired prepared that site plan and it did show the 25-foot rear setback . Mr. Tubbs ended by telling the Board that he then immediately filed for the variance . With no one else stepping forward to speak in favor or opposition of the variance, Chairman Bond closed the public hearing. ZBA Minutes July 18, 2000 Page 2 o/9 Mr. Hill made the motion to deny a variance to the minimum setback from the terms of this ordinance as it will not be contrary to the public interest due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done . The motion failed with a lack of a second. Chairman Bond reopened the public hearing so the applicant could further be questioned . Mr. Lewis asked Ms. Laauwe how could a building permit could get approved without the builder knowing what the correct setback requirement is on a lot. Ms . Laauwe replied the plan was submitted and missed by the plan reviewer. Mr. Lewis asked if rear setbacks vary in R-1 zoning . In R-1 zoning is the rear setback always a 25-foot setback. Ms . Laauwe answered yes that is correct with the exception for garages which is 20-feet. Mr. Sheffy referred to the staff report concerning responses received . Mr. Sheffy asked who received the phone calls . Ms. Laauwe answered that she received the calls . The concerns were from area neighbors because of this being a newly developed neighborhood . The concerns were curiosity because of the public hearing sign on the property but one caller was opposed to the variance due to concerns relating to neighboring property values . Mr. Lewis asked Ms . Laauwe if the request is denied, he knows the city is not going to enforce the removal of the structure, but what will happen. Ms. Laauwe replied that a letter would be written to the mortgage and title companies stating that the home is non-conforming and the city does not have any interest in enforcing the setback encroachment. Mr. Lewis asked if a letter would have to be issued each time the property changed ownership . Ms. Laauwe replied yes. W .R. Tubbs approached the Board. Mr. Tubbs told the Board that this home was built as a Parade Home and he was planning on moving into the home for financial purposes while waiting for his personal home to be completed in Woodcreek. Mr. Tubbs stated that when the public signs were placed on the properties the inquiries he received were what the signs were about. Most inquiries where about the property becoming commercial property . The reponses after knowing about the variances seemed to be OK. With no one else stepping forward, Chairman Bond closed the public hearing . Mr. Hill made the motion to deny a variance to the minimum setback from the terms of this ordinance as it will not be contrary to the public interest due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance .would not result in unnecessary hardship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done Mr. Lewis seconded the motion, which passed (4-0-1) Chairman Bond abstaining. Mr. Hill offered clarification for his denial to the applicant. Mr. Hill stated that he feels strongly that in this situation the builder has the responsibility to understand the setbacks and ordinances . Mr. Hill stated that he is sympathetic to the situation but the city should not validate this mistake. ZBAMinutes July 18, 1000 Page3of9 AGENDA ITEM NO. 4: Consideration of a side setback variance at 214 Stuttgart, lot 8, block 25, Edelweiss 7-B. Applicant is W.R. Tubbs. Ms. Laauwe stepped before the Board and presented the staff report . Ms . Laauwe told the Board the applicant is requesting the variance for a construction error. A side setback of 7 .5 feet is required for R-1 single family homes . A variable side setback on the northeast side from 6.5 feet to 4.0 feet. The encroaching setback is at its least at the rear of the structure and gradually increases to a maximum of 3.6 feet at the front of the home . Therefore, the applicant is requesting a side setback variance of varying length of 1. 0 feet to 3 . 5 feet. The applicant offers a special condition of an error during the construction of the home. He states that a mistake was made when the wrong string line was pulled during the placement of the slab . Due to the property being located on the radii of a cul-de-sac, several pins are placed in the ground during the platting process . The applicant's foundation contractor pulled the side property string line from the wrong pin, causing the entire structure to encroach into the side setback. The mistake was not caught during the building inspection process, due to the contractor and/or surveyor being held responsible for pulling the correct property lines . The construction of the home is complete, thus the northeast wall of the existing structure would have to be removed and replaced . The City currently does not have the policy of mandating such setback violations to be immediately rectified . The only alternative found is to tear down the sidewall and reconstruct the side without encroaching into the setback. The City is not under the current policy of rectifying setback violations . If the variance is denied, any future seller of the home would have to obtain a letter stating that the City does not intend to enforce the setback at that time . Ms. Laauwe ended her staff report with pictures of the property. Mr. Hill asked Ms . Laauwe if the home at 212 Stuttgart is right on the building setback so that there is actually 11 . 5 feet between the houses. Ms . Laauwe answered that was correct. Chairman Bond opened the public hearing . With no one stepping forward to speak in favor or opposition, Chairman Bond closed the public hearing . Mr. Sheffy moved to approved the variance of the minimum setback from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions : due to being only 1-3 foot and still being 11.5 feet between the houses and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: due to having to remove a complete wall for 1-3 foot variance ; and such that the spirit of the ordinance shall be observed and substantial justice done subject to the following limitations : supporting reasons are no main objections for or against by neighbors and the site of the property by myself Mr. Richards seconded the motion . ZBA Minutes July 18, 2000 Page4of9 Mr. Hill stated that this variance is not warranted for similar reasons to that of the previous variance request. Mr. Hill again stated that the mistake was made on the part of the layout of the home and it is not appropriate for this Board necessarily to validate this type of oversight that was made. Mr. Hill ended by saying that he is under whelmed that the applicant did not feel it worth his time to testify in this case. Mr. Richards stated that he agreed with Mr. Hill and explained that he seconded the motion just so that it could be discussed . Mr. Lewis stated that the builder and contractor where aware of the requirement and it seems that they were making an honest effort to comply . Mr. Lewis ended by stating that he does not see any harm to the neighborhood or the city in this particular case . Mr. Hill stated that his concern is the magnitude of this size encroachment. With the discussion on Mr. Sheffy's motion completed, Chairman Bond called for a vote on the motion. The Board vote was 2-2-1 with Mr. Hill and Mr. Richards voting against and Chairman Bond abstaining. The motion to approve the variance failed. Mr. Hill made the motion to deny a variance to the minimum setback variance from the terms of this ordinance as it will not be contrary to the public interest due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Richards seconded the motion. Chairman Bond called for a vote, which resulted in the motion to deny passing. The vote was 3-1-1 with Mr. Hill, Mr. Lewis and Mr. Sheffy voting for the motion to deny and Chairman Bond abstaining. The request for the variance by the applicant was therefore officially denied. AGENDA ITEM N0.5: Consideration of a front setback variance at 3100 Pleasant Forest Drive, lot 11, block 1, Pleasant Forest Subdivision. Applicant is Southwest Homes. Staff Planner Hitchcock stepped before the Board and presented the staff report . Ms . Hitchcock told the Board that the applicant is requesting the variance to allow for the construction of a new home . The subject is undeveloped . A house is planned for this lot that will encroach into the required front setback. A comer of the planned garage extends approximately five feet over the front building setback line . Thus the applicant is requesting a variance of 5-feet to the front setback to allow for the construction of the home. The ZBA could consider the 20-foot drainage and access easement along the western property line as a special condition. The property was platted with a western side setback requirement of 11 .5 feet. Because of the easement, the setback requirement is increased by 8.5 feet, reducing the amount of buildable space on the lot. The ZBA could consider that the special condition of the easement creates a hardship . The easement reduces the buildable area of the lot. In comparison to the other lots in the subdivision, this buildable area appears to be smaller. ZBAMinutes July 18, 2000 Page5of9 Staff has identified the following alternatives: 1. Do not grant the variance -The structure is in the planning phase, so, at this time , no physical encroachments exist. A denial will require the applicant to design a home that meets the front setback requirement for the lot. 2 . Move the structure to the rear setback line and grant a 3 .5 feet variance -The plans show the house will be placed approximately 1. 5 feet from the rear setback. If the house were moved back to the line , the front of the house would encroach 1. 5 feet less into the front setback. 3 . As with any case the Board my grant less than what is requested (0-5 feet). Mr. Hill asked Ms . Hitchcock does the current site plan indicate that the house is to be built 16 or 18 inches forward of the rear setback line . Ms. Hitchcock replied approximately 16 inches. Mr. Richards asked if the builder was aware of the 25-foot setback when the house was designed . Ms . Hitchcock replied that there was a representative in the audience and she believed they did talk to a plan designer and they have worked through several options for this lot. Ms . Hitchcock told the Board that she realized 16 inches in not quite the l-1h foot. The l-1h foot was used to give the builder a few inches leeway. Chairman Bond opened the public hearing . Walter Williams, applicant, stepped before the Board and was sworn in by Chairman Bond. Mr. Williams told the Board when the property owner bought the lot he was unaware of the 20-foot drainage easement. It was when the homeowner came to Southwest Homes to begin the process of designing his home he picked a plan out of a catalogue and thought it would fit on the lot. When the house was being designed to fit it was then realized that that there was a 20 foot drainage easement and there was also a sidewalk running down the easement as well. Mr. Williams ended by telling the Board they worked with the developer as well as redrawing 4 to 5 different plans trying to fit a house within the buildable property. Mr. Hill asked what is the distance between the rear of the slab and the rear setback. Mr. Williams replied it is a l-Y2 foot distance but he likes to have a little leeway . With no one else stepping forward the speak in favor or opposition of the case, Chairman Bond closed the public hearing . Mr. Lewis made the motion to authorize a variance to the minimum setback from the terms of this ordinance as it will not be contrary to the public interest , due to the following special conditions : unusual lot shape, large drainage easement and a very small portion of the house would actually end up in front of the normal 25 foot setback; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being : it would be virtually impossible to build a house to meet the minimum size requirements on this lot; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations : the back side of the house would be set on the rear setback line so the variance being granted would be 3 1h feet to the front setback requirement. Mr. Hill seconded the motion . ZBA Minutes July 18, 2000 Page 6 o/9 Mr. Hill made an amendment to the motion to state a 4-f oot variance instead of the 3-Yi foot variance. Mr. Lewis seconded the amended motion, which passed (4--0-1). Chairman Bond abstaining from voting. The Board voted (4-0-1) to grant the variance. Chairman Bond abstaining from voting. AGENDA ITEM NO. 6: Consideration of a parking variance at 2300 Earl Rudder Freeway, lot 2, block 1, Sutton Place Subdivision. Applicant is Tom Bevans, Jr. Staff Planner Laauwe stepped before the Board and presented the staff report. Ms . Laauwe told the Board that the variance is to allow for redevelopment of a site in compliance with the Wolf Pen Creek Plan. Nightclubs are required to have one parking space for every 50 square feet. The proposed nightclub has a total of 13, 171 square feet, for a total requirement of 264 parking spaces. The applicant is proposing to provide parking for cars, motorcycles and bicycles . The Zoning Ordinance, however does not consider motorcycle and bicycle parking towards the off-street parking requirement. The applicant has proposed the following parking: 183 spaces for cars 3 3 spaces for motorcycles 10 spaces for bicycles 226 total spaces proposed 1 for every 72 sq . ft . (31% variance) 1 for every 58 .27 sq . ft . (14.4% variance) While the Board may take in consideration the proposed motorcycle and bicycle parking, the variance must be based on the number of spaces for automobiles. Thus, the applicant is seeking a variance to the off-street parking regulations by the amount of 81 parking spaces (31 % ). The applicant is proposing to redevelop the existing Wolfe Nursery site with a nightclub that will feature dining, a sand volleyball court, bar and stage. Due to the increase in intensity of the use, the parking requirement for the site has risen substantially. The Wolf Pen Creek Corridor Design Review Board (DRB) has met regarding the Roosters' plan and has given strong opinions that they favor a parking variance that would allow for more landscape vegetation rather than the placement of additional parking spaces. The Planning & Zoning Commission will be the approving body of the final site plan. The DRB wishes to limit the amount of surface parking in favor of landscaping and trails that will eventually connect the various entertainment and restaurants along the corridor. The City has hired a Code Consultant and is in the process of reviewing several sections of the Zoning Ordinance . Parking requirements within the zoning district is one area that may be revised . The owner also owns the abutting properties, making it possible to reconfigure the lots to add the required parking and landscaping . The Board may also grant a variance less than the requested amount (0-81 spaces). Ms . Laauwe ended her staff report by showing the Board pictures of the property. Mr. Lewis asked what is the parking ratio for a restaurant. Ms. Laauwe replied that it is 1 for 100 sq . ft. because a drive through is being proposed . ZBA Minutes July 18, 2000 Page 7 of9 Ms. Kuenzel stepped before the Board and offered clarification to the parking. Ms. Kuenzel told the Board that she had been working with the applicant since the beginning and she would be glad to answer any questions . Ms . Kuenzel told the Board that parking for retail is 1 per 250, which is one fifth of a nightclub-parking requirement. The parking requirement for a nightclub is 1-50 . It is half that for a restaurant with a drive through . Chairman Bond opened the Public Hearing . Clint Schroff, representative for the applicant, stepped before the Board and was sworn in by Chairman Bond . Mr. Schroff told the Board that both the applicant and landowner where in attendance and he encouraged the Board to ask them any questions . Mr. Hill asked what the allowed occupancy of the building will be . Mr. Schroff that he could not answer that at this time . They are going specifically on square footages for parking . Paul Clarke, the landowner, stepped before the Board and was sworn in by Chairman Bond . Mr. Clarke explained to the Board that when the application was turned into for ZBA consideration, it was prior to the DRB meeting . Since that time the site plan has changed . The phase 2 parking lot was for the adjacent property. The DRB asked that the phase 2 parking be shown now . The existing site plan shows the phase 2 parking to the west. Since then an alternative parking lot to the south side was planned which would bring the parking up to a night club ratio. The DRB asked them not to put that parking in but instead landscape it. Mr. Clarke told the Board that as a developer they did not want a "sea of concrete" at the focal intersection of Wolf Pen Creek Mr. Clarke ended by telling the Board that the surrounding property owners that were notified, are different partnerships but essentially they are the same partners. So it would be very easy to come up with a parking agreement that all concerned parties would agree to . Mr. Richards asked how many automobile parking spaces are there in phase 2 . Mr. Clarke replied that it was an additional 30 spaces to the west . There were continued discussions with the Board and Mr. Clarke concerning the parking and the hours of operation. Mr. Hill made the motion to authorize a variance to the parking requirements from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions : granting this variance will allow maximum flexibility to the Wolf Pen Creek Corridor Design Review Board to develop the area in the manner that they prefer ; and because a strict enforcement of the provisions of this ordinance would result in unnecessary hardship to this applicant being : more surface parking would be required which would reduce the area available for landscaping and trails which is desired by the city; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations : a variance of 81 parking spaces will be granted allowing a requirement of 183 parking spaces for the proposed 13 ,171 square foot nightclub . Mr. Sheffy seconded the motion. ZBAMinutes July 18, 2000 Page 8 o/9 Mr. Richards asked what all was planned in the 13, 171 square feet of the building. Ms. Kuenzel referred to the site plan and told the Board that it would include anything enclosed in the building i.e . meeting rooms, restrooms, any kitchen space and outside serving areas. It does not include the volleyball courts. Board voted (4-0-1). Chairman Bond abstaining from voting. AGENDA ITEM NO. 7: Future Agenda Items. There were no items discussed. AGENDA ITEM NO. 8: Adjourn The meeting was adjourned . A'ITEST: ZBAMinutes July 18, 2000 Page9o/9 MINUTES Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS August 1, 2000 6:00 P.M. MEMBERS PRESENT: Chairman Bond, Hill, Lewis, Sheffy & Richards . (Alternate Members Corley & Goss were in the audience) MEMBERS ABSENT: Dr. Toni Hynds & Dick Birdwell. STAFF PRESENT: Senior Planner Kuenzel, Staff Assistant Grace, Staff Planner Laauwe, City Attorney Cargill, Staff Planner Jimmerson, Staff Planner Hitchcock. AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Bond called the meeting to order and explained the functions of the Board . AGENDA ITEM NO. 2: Consideration to rehear the rear setback v.ariance at 216 Stuttgart, Lot 9, block 25, Edelweiss 7-B. Applicant is W.R. Tubbs. Staff Planner Laauwe stepped before the Board and explained to the Board that this meeting is not a public hearing. The applicant does have a right to have both cases reheard as stated in the section VIII. -of the ZBA Rules and Procedures: -¢>-when a request is denied, the applicant must ask the ZBA within ten (10) days to consider the request again at a future date. -¢>-within the ten-(10) days, the applicant must ask the Zoning Official to put the request on the next available ZBA Meeting Agenda. -¢>-Applicants must have the ZBA's approval to present the same or similar request regarding the same property after denial of such request by the ZBA. ZBA approval to rehear the request requires a motion to rehear, a second to that motion, and passage by a majority of present members. Mr. Tubbs did submit a letter to the Board dated July 26, 2000 requesting the rehearing . Mr. Lewis questioned the letter sent from the City to Century 21 Real Estate dated July 19, 2000 . Ms . Laauwe explained the letter as one that is given to the title companies stating the situation and that the city does not have any immediate plans to take enforcement action of the Boards denial or to prevent the sale of the property. Ms. Laauwe stated that she believes the Title Company accepted the letter but the lender did not. Mr. Lewis asked if the wording of the letter is the standard wording used on other properties. Ms. Laauwe replied yes. Mr. Lewis asked if city staff was aware of any instances where a Title Company or lender had issued a title policy or loan after receiving a letter with this wording. ZBA Minutes August I, 2000 Page I of 4 Ms: Laauwe answered that these type letters are written only for small encroachments and not for encroachments of this size . Ms . Laauwe stated that the lenders usually go through with the sale of the home. The applicant, W.R. Tubbs stepped before the Board and was sworn in by Chairman Bond . Mr. Tubbs handed the Board Members, and explained a packet of information . 1. Letter from First Federal Savings Bank -homeowner approved for mortgage financing with an acceptable survey and title commitment. 2. 3 petitions from area homeowners that do not dispute the variance for 214 & 216 Stuttgart. 3. Letter from Brazos County Abstract Company to the Staff Planner Laauwe and the reason the Underwriters are not willing to provide express insurance as to violations of encroachment into setback lines . Mr. Tubbs told the Board that he has built 37 homes in the B/CS area and he has not had an encroachment. Mr. Tubbs told the Board that he is making every effort to assure that this does not happen again. Mr. Richards asked if First Federal was the only lender that he approached . Mr. Tubbs replied that it is not. First American Bank has been approached and they are working to find an Underwriter that will accept this . Guarantee Federal has also been contacted . Mr. Richards stated that looking at the survey he finds it difficult to see how the house and driveway could be placed on the lot without some encroachment. Mr. Tubbs explained the he drew the initial site plan and it was originally achieved with a 25-foot rear setback and in fact that was his initial goal. The left side of the home was pulled over the 7.5-foot setback line on the left side, which allowed it to slide down towards the 25-foot front setback line. That definitely allowed it to fit on the lot and still give the minimum of 20 foot in radius on the front side entry garage, which allows for accessibility. Mr. Tubbs ended by telling the Board that if there is a rehearing he can produce survey showing the home fitting in the direction . Mr. Hill asked what is express insurance . Mr. Tubbs replied that it is his understanding that is states that they are willing to take the home under special provisions . Mr. Tubbs told the Board that his realtor could better answer that question . Chairman Bond asked Mr. Tubbs ifthere is any information that has been presented that was not available to him at the prior hearing . Mr. Tubbs replied yes . Linda Stribbling of Century 21 stepped before the Board and was sworn in by Chairman Bond . Ms . Stribbling told the Board that other lenders were sought as well as going to another Title Company . Ms . Stribbling told the Board that a buyer is willing to accept the property the way it is, and two title companies are saying they absolutely can not close with the variance. The Underwriters for the four different banks that were approached said even if it did go through this time with this particular buyer, they will have equally a hard time if the home was sold again . Mr. Hill asked again what is express insurance. Ms . Stribbling replied that she is really not sure but she does know that title companies give express insurance in instances when it is not complete insurance. Ms. Stribbling again told the Board she really does not know the answer but she will get the answer for the Board if the case is reheard . ZBA Minutes August 1, 2000 Page2of4 Chairman Bond asked Ms . Stribbling what other title companies were contacted . Ms. Stribbling replied University Title Company. Chairman Bond closed the public hearing . Mr. Sheffy stated that the Board is not here to teach anyone a lesson . The Board is charged to uphold the ordinances of the city and provide variances if need be. Leslie Hill made the motion for the Board to rehear the case for the property at 216 Stuttgart. Graham Sheffy seconded the motion, which passed (5-0). AGENDA ITEM NO. 3: Consideration to rehear the side setback variance at 214 Stuttgart, lot 8, block 25, Edelweiss 7-B. Applicant is W. R Tubbs. Mr. Tubbs approached the Board and stated that the packet of information handed out earlier was also information for both 214 & 216 Stuttgart. Mr. Tubbs told the Board that the neighbors do not feel that it is aesthetically a problem . Mr. Tubbs told the Board that he explained to the surrounding property owners the situation at both of the homes and everyone he has spoken to do not want to see the variances denied or the homes torn down. Mr. Tubbs told the Board that there is a buyer for this home as well . Mr. Tubbs explained that this home has the exact problems with the lenders & title companies . Mr. Tubbs explained that this home is off on the side setback due to a radius. Mr. Tubbs told the Board that at the last meeting he did not speak to the Board concerning this because he was shocked that the first variance request did not pass . Mr. Tubbs stated that he did not know what to do . Mr. Tubbs told the Board that everyone he talked to from the Building Official to the inspectors was fairly sure that he would not have any problems receiving the variances . Other people told Mr. Tubbs that there were new Board Members and a rumor of the Board passing variances to easily and things needed to be taken more harshly. Chairman Bond stated that he has no supporting information before him showing any additional information to support a rehearing in this case. Mr. Tubbs replied that this home is set to close on the 10th of this month . Mr. Tubbs told the Board that if this case were to be reheard he would have additional supporting material to present. The lenders are in the process of going to underwriting . Chairman Bond opened the public hearing. Mr. Joffar stepped before the Board and was sworn in by Chairman Bond . Mr. Joffar told the Board he is the buyer of the home . Mr. Joffar explained that this has put a hardship on his situation as well . Chairman closed the public hearing . Mr. Hill made a motion to rehear the request for setback variance. Mr. Lewis seconded the motion. Mr. Hill explained his that he felt very strongly at the meeting to deny the request. Mr. Hill told Mr. Tubbs that as a Board they are charged to uphold the ordinances but at the same time as a Board within the City they have a responsibility to the citizens . Mr. Hill ended by telling Mr. Tubbs that he wants to make sure he is given every opportunity to present his case . The Board voted (5-0) in favor of rehearing the case. ZBA Minutes August I, 2000 Page3of4 AGENDA ITEM NO. 4: 216 Stuttgart. Consideration to call a Special Meeting August 29th to rehear 214 & Mr. Sheffy made the motion to hold the Special Meeting. Mr. Hill seconded the motion, which passed (5-0). This meeting wiU cancel out the September 5 meeting of the Board. This will allow staff to prepare & present a workshop for the Board. AGENDA ITEM N0.5: Adjourn. The meeting was adjourned. ATIEST: ZBA. Minut.es August I, 2000 Page4of4 STAFF REPORT Date: July 12 , 2000 ZBA Meeting Date: July 18 , 2000 APPLICANT: W.R. Tubbs REQUEST: Rear Setback variance LOCATION: 216 Stuttgart Circle PURPOSE: To receive a variance for an error made during construcion. GENERAL INFORMATION Status of Applicant: Applicable Ordinance Section: Builder/Owner Section 7: District Use Schedule -Table A PHYSICAL CHARACTERISTICS Zoning and Land Use: Frontage: Lot Dimensions: Access: Topography & Vegetation: Flood Plain: J :\PZTEXT\PZ033 74 .DO C The subject property and all surrounding properties are zoned and developed as R-1 Single Family. The property is located within the Edelweiss Subdivision. Approximately 40' of frontage along Stuttgart Circle. The subject lot is located within a main curve of Stuttgart, a cul-de-sac street, causing the lot to be very irregular in shape. Please refer to the enclosed site plan for more detail. 39.72 ' of frontage along Stuttgart Cr. (east) 112.06' southeast (side property line) 173.36 ' southwest (side property line) 137.85' northeast (rear property line) Access is provided via a front driveway onto Stuttgart. Relatively flat with landscaped vegetation. Not located within a flood plain. VARIAN CE INFORMATION Setback Required: Setback Requested: Case Overview: ANALYSIS Special Conditions: Hardships: Alternatives: A rear setback of 25 feet is required for R-1 Single Family homes. A rear setback of 15.92 feet. This case involves a construction error made at the site plan stage. The applicant designed the home believing that the 10 foot public utility easement (PUE) line shown on the plat was the rear setback line . Unfortunately the Building Department, during the plans review process , did not catch the error. During routine inspections, an inspector did request that the setback lines be laid out with a string line . However , thinking that the PUE was the setback line , this was also done in error. The realization of the mistake was not made until the certificate of occupancy was issued. The result of the error is that a 98 .80 square foot section of the back east comer of the home is encroaching into the rear setback. At its furthermost point, the comer extends to only 15.92 feet from the rear property line , thus the applicant is requesting a rear setback variance of 9.08 feet. The applicant offers a special condition of the error made during the construction process. In addition, the Board may consider the lot's irregular shape as a special condition. The construction of the home is complete , thus the comer of the home would have to be remo ved. The only alternative to the variance is to tear down the comer of the home that is encroaching into the setback. The City is not under the current policy of rectifying setback violations. If the variance is denied, any future seller of the home would have to obtain a letter stating that the City does not intend to enforce the setback at that time. SPECIAL INFORMATION Ordinance Intent: J:\PZTEX1\PZ 033 74 .DOC Minimum lot size and building setback requirements 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. The applicant has stated that the backyard is large in proportion and that the encroachment will not be a problem to the safety , access or the aesthetics of the subject property or surrounding properties. Similar Requests: Number of Property Owners Notified: Responses Received: ATTACHMENTS Location Map Application Site Plan J :\PZTEXT\PZ03374 .DOC I was unable to find a re ar setback requ est in which the variance was to rectify a construction error. In the past, the Board has granted several variance requests to rear setbacks for the placement of garages, small expansions and other accessory structures when large alleys or utility easements were present. Most of these cases dealt with older existing homes that create special conditions to restrict their expansion , or restrict the placement of new garage structures . On April 4th of this year , the Board denied a rear setback variance request of 7 feet for 3500 Regal Row. The Board denied the case due to a lack of special conditions or unnecessary hardships. On October 3, 1995, the Board granted a 4.3 ' rear setback variance for the expansion of the main structure for a living area at 1106 Woodhaven. The special conditions in that case was lot depth and shape. A rear setback variance was also granted to 1107 Woodhaven on October 19th of last year. The variance of 9 feet was granted partly due to special conditions of the property 's irregular lot shape and dimensions . 15 I have received several calls inquiring about this case. One caller was opposed to the variance due to concerns relating to neighboring property values. August 16, 2000 TO WHOM IT MAY CONCERN: Re: Rehearing of a variance request for 216 Stuttgart Circle. NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is rehearing the case for variance request for the following property: Applicant: W R TUBBS Subject Property: 216 STUTTGART CIR (See attached location map.) Proposed Variance: Rear Setback The Zoning Board of Adjustment will hold a public hearing on Tuesday, August 29, 2000 at 6:00 p.m. to consider the request. The public hearing will be held in the City Hall Council Room located at 1101 Texas Avenue South, 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. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (409) 764-3547 or (TDD) 1-800-735- 2989 . For additional information, contact the City Planning Office, (409) 764-3570 . Shauna Laauwe Staff Planner .. ~ ·' '" . . ~- •' . . . ~ .. ·, ..... •, .. , .. · .. ~ .' '· ... ·, . . \. . .. ·, ·' ,• ____ .... \;\Utct-ec\ aU\ ~ ~~ w~ \u~~s- 216 STUTTGART PHONE: BUILDING PERMIT CITY OF COLLEGE STATION 1101 TEXAS AVE COLLEGE 'STATION, TX 77840 (409) 764-3741 FAX: (409) 764-3814 ._Applicat o n Number Property .l\ddress Property ID . . . . R # .. 00-00000320 Date 2/23 /00 216 STUTTGART CIR Applicat o n description Subdivis o n Name Property Use . . . . Property Zoning . . . Applicat :o n valuation RESIDENTIAL, 1 UNIT DETACHED NEW Owner RESIDENTIAL SINGLE FAMILY RESIDENTIAL 125000 Contractor W.R. TUBBS CONSTRUCTION 3113 PLEASANT FOREST ------Struc : u re Information Construc t ion Type Occupanc : Type Roof Typ ( .... Other st : u ct info COLLEGE STATION (409) 764-9780 SINGLE FAMILY HOME TYPE VIU-UNPROTECTED RESIDENTIAL-SFR/DUPLEX COMPOSITION EXTERIOR WALL TYPE IMPACT/PRORATA FEES PAID FOUNDATION TYPE NUMBER OF GARAGE BAYS TYPE OF GARAGE (ATT/DET) HEATED AREA INTERIOR WALL TYPE NUMBER OF BATHROOMS NUMBER OF BEDROOMS SEWER TYPE Permit . . . Addition ' 1 desc BUILDING PERMIT Permit F ( e Issue Da t e Expirati c ·n Date 535.00 2/23/00 8/21/00 Qty Un it Charge Per BASE FEE Plan Check Fee Valuation 25.00 3.0000 THOU BLDG, VAL 100001-500000 Special : o te s and Comments POST PER I I T CARD ON JOB SITE PROVIDE :ANI TARY FACILI~IES FOR WORKERS ON SITE TX 77845 BRICK N/A CONCRETE 2.00 ATT 1581 .00 SHEETROCK 2.00 3.00 PUBLIC .00 125000 Extension 460.00 75.00 REMOVE Al .L VEGETATION AND FOREIGN MATERIAL FROM SLAB AREA TEMPERED GLASS REQUIRED WITHIN 24" OF DOORS STRING L ~NE BUILDING SETBACK LINES Other Fe (s Fee summ c-,ry Charged Permit J'e e Total 535.00 Plan Ch ( c k Total .00 nthPr F r P ~n~~l 79S .OO SEWER TAP 4" WATER TAP 3/4" TEMP ELECTRICAL POLE 350.00 400.00 45.00 Paid Credited Due 535.00 .00 .00 .00 .00 .00 795.00 .00 .00 " PHONE: Applicati o n Number Grand To :.al BUILDING PERMIT CITY OF COLLEGE STATION 1101 TEXAS AVE COLLEGE STATION, TX 77840 (409) 764-3741 FA£: (409) 764-3814 00-00000320 1330.00 1330.00 .00 Page Date 2 2/23/00 .00 Lo~j . ~uL.-2.f ==~ie-c.~.· . I : ~~e -i--1' j i i j I ; I r ; l : ; .. : f . . ./0 1 pvE ·.· 1 f37.'lt; :P502I01 City of College Station Inspection Inquiry 'roperty ID . . . . .... 'roperty address .ppl, structure n ; r . . . . 'ermit type, seq b r nspecti~n type, e q nbr nspection status date . . : .equested date, t me, by 1verride date, ti ' e , by . ser ID to reques · , result 'hone interface n : mber nspector assigne < :esults status, d , te 'inal inspection la g 'enal ty amount . . . . . . :nspection reques 1~ comments ~EADY RIGHT AFTER LU NCH! 1ress Enter to co1 .tinue. 244000-0725-0090 216 STUTTGART CIR 00 00000320 000 000 BLDG 00 BUILDING PERMIT BlOO 0001 BLDG, FOUNDATION-SLAB INSPECTION COMPLETED 3/01/00 2/29/00 17:00 LH LHANKINS 85639 MD APPROVED N .00 MRODGERS MARIO DELEON 2/2 9/00 '3=Exit FS=Land inq F7=Insp result comments Fl2=Cancel 8/09/00 09:55:18 Bottom City of College Station 1101 TEXAS AVENUE SOUTH COLLEGE STATION TX 77842 C E R T I F I C A T E 0 F OCCUPANCY Issue Dat e Parcel Number Property Address Subdivisi o n Name Legal De Ec ription Property Zoning Owner . . . Contract cr Applicati o n number Description of Work Construction type Occupancy type Flood Zo re . . . Approved P E R M A N E N T 4/28/00 244000-0725-0090 216 STUTTGART CIR COLLEGE STATION EDELWEISS ESTATES EDELWEISS ESTATES CK 25, LOT 9 UNKNOWN TX 77845 PHS 7 PHS 7-A, BLO W.R. TUBBS CONSTRUCTION 409 764-9780 00-00000320 000 000 RESIDENTIAL, 1 UNIT DETACHED NEW TYPE VIU-UNPROTECTED RESIDENTIAL-SFR/DUPLEX Building ~ VOID UNLESS SIGNED BY BUILDING OFFICIAL ., . \ ~ "'\ ..... \ \ ~ ... \ \ \ \ ......... __ , ·~ . ... ~ ~ \ '· '• ., \Jo \ \ \ \ \ \ \ \ ' ... \ \ \ \ \-1 \i t : ,~ ~ I '\ \i I {-. I \ \ I \ \ : \ \ : SITE PLAN ~~~~~~--..,,~~~. SCALE: 1" =20'-0" I EDELWIESS E ;TATES PH-7A BLK-25 LOT-9 ' . . ,.;·~:{ "~: W.R. /.~co-v&-vuct:'~ I r1Y\,(/. ·'·• ""·~,--. ::~~-• • ~J -3113 Ple.UrifForeat Dr.-coueo• statlOn, f txa. 778-45 Phone (409)764-9780 ... Fax (409)76:4-9780 -. ' I do not dispute the variance request for 214 or 216 Stuttgart, nor do I want to see either of the homes tom down. _:, .. :. .. ;,~~ .. .. " I ... , . --... . . ---~ ....... ·-. t ;~~t •' .... , i-'),•' .-;_ .... ~:i. :f~: :.·~. :~. CZ~-----~.A.'15.~ __ lJ.j_e._J_~_f:J_ _____ _ Please print your name. 0c.-'NF-J1.<;.' -~ .21~ ~7"6ArCr . ,l!o-' ~.; .. · ..... ·At ·•\'.=:-.. ·t : I~':.~ ... _ ..... ·-·· ,···It . '<.•. ,;,I_. ·-·· >-~ . ·:f!~t. . !~?: :,'i.<; . ; ;· \ti~: ~,._*'. :·;i;_ . . :,·~ \'ki \'~~-;-~~;~~. ·!{: .,--. . • •'\~~.,;t ..., ..... Timeline -214 Stuttgart Application Dated: Permit Issued : Foundation Inspection: ZBA Application Filed: Timeline -216 Stuttgart Application Dated: Permit Issued : Foundation Inspection: Certificate of Occupancy: Private Survey Conducted: ZBA Application Filed: 4/10/00 4/17 /00 (plans review completed) 4/26/00 619100 2/16/00 2/23/00 (plans review completed by Building Official) 2/29/00 4/28/00 ?????? 5/30/00 Both of these sites had the following special comments and notes on the issued building permit: <· Interior beams > 60 ' must be a minimum of30" Deep-see plans •:• Post permit card on job site <· Provide sanitary facilities for workers on site ·:· Remove all vegetation and foreign material from slab area .:• Tempered glass required within 24" of doors <· String line building setback lines These comments are routine for housing site plans. MEMORANDUM August22,2000 TO: Zoning Board of Adjustments FROM : Shauna A. Laauwe ~ SUBJECT: Variance for 216 Stuttgart Item: Rehearing for the consideration of a variance for 216 Stuttgart, consisting of a rear setback encroachment of 9.08 feet into the northeast corner of the property. Applicant: W.R. Tubbs Item Summary: A 98.80 square foot section of the back east corner of the existing home encroaches into the required 25' rear setback. At its furthermost point, this corner extends to only 15 .93 feet from the rear property line for an encroachment of 9.08 feet. This case was originally heard and denied a variance on July 18, 2000. The Board recommended denial based on a finding of no special conditions or hardships. On August 151 of this year, at the applicant's request, the Board granted a rehearing in order to reconsider the original side setback variance. The applicant has not provided Staff with any additional information regarding this item. Attachments: 1. Area map 2. Application 3. Staff Report dated July 12, 2000 4. Minutes of July 18, 2000 ZBA meeting 5. Minutes of.·August 1, 2000 ZBA Meeting . @Mli'~O[Q)~ ©OlrV7 l10lMJOLi'~ A-P C-1 A-0 lit&f' Cily o f Co ll ege Sla lion, Te xa s ~ PLANNING DIVISIO I I I I \ \ ~ ', ... _____ _ 200' NOTIFICATION AREA f C-3 R-5 M-1 SETBACK VARIANCE LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY, AUGUST 16, 2000 BILLTO: Jim Callaway Development Services City of College Station P.O. Box 9960 College Station, TX 77842 Eagle Account# 11106712 Mastercard # 5405 8231 9343 5497 Expiration date: 3/02 NOTICE OF PUBLIC HEARING: ONLY The College Station Zoning Board of Adjustment will hold a public hearing to rehear a rear setback variance for 216 Stuttgart Circle. Applicant is W .R Tubbs Construction Inc . The hearing will be held in the Council Room of the College Station City Hall, 1101 Texas Avenue at the 6 :00 p.m . a special meeting of the Board on Tuesday, August 29, 2000 . Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting . To make arrangements call (409) 764-3547 or (TDD) 1-800-735- 2989 . For additional information, please contact me at (409) 764-3570. Shauna Laauwe Staff Planner ~ .... ·, . ' ,j' '• • f . ~. '·• ... t ;. • ).- "' ~ ';.' .I ! l ' ... " ; •J •I ' ' I ' ' I I .. I t . . I, '! ... l ·· . .> .. ' .. :• •; I '" ·''1 .. . ' ;, ') ,, ... f ' •' .. I" .. ,, .. ,. ,.., •' .. t , .. • J ' ·" July 26, 2000 City of College Station Attn : Shauna Laauwe RE. Property located at 214 Stuttgart; Lot 8, Block 25 216 Stuttgart; Lot 9, Block 25 Dear Shauna, I, W. R Tubbs , request a rehearing from the Zoning Board of Adjustments on both of the properties named above . Thank you, Sincerely, 6v/Z. ~ W .R Tubbs Builder MEM O RANDUM TO: ZBA File re : 214 Stuttgart FROM: Natalie Thomas Ruiz , Development Coordi DATE: July 20, 2000 at 12:00 noon RE : Filing of the ZBA decision to deny the setback variance at 216 Stuttgart. An application was received by W .R. Tubbs on May 30, 2000 requesting a setback variance for the above mentioned property. The ZBA met on July 18, 2000 and denied the variance request. As stated in the Board's Rules and Procedures , this decision becomes final at Thursday noon after the meeting. In this case, the decision is final as of today at noon. This memo constitutes the official filing of the ZBA decision to deny the setback variance request at 216 Stuttgart per their meeting of July 18, 2000. COLLEGE STATION P. 0. Box 9960 . July 19, 2000 Century 21 Real Estate Attn: Ms. Linda Stribling 404 H University Dr. College Station, TX 77840 1101 Texas Av en ue Tel: 409 764 3500 RE: Property located at 216 Stuttgart; Lot 9, Block 25 To Whom It May Concern: Co ll ege Station, TX 77842 I have received and reviewed the survey of the property described above, which reflects an encroachment of 9.08 feet into the 25 foot rear setback required for houses in an R-1 Single Family district. It is my understanding from our Legal Department that the responsibility to meet all applicable code requirements ultimately rests with the builder in such cases. The only method that exists in the City that would legitimize the encroachment would be a variance that is granted by the Zoning Board of Adjustment. On July 18 , 2000 , a variance request to rectify this encroachment was denied. Therefore , I cannot guarantee that action will not be taken in the future to correct the encroachment. The City does not have any immediate plans to take such enforcement action or to prevent the sale of the property. If you have any questions regarding this matter, please do not hesitate to give me a call. I may be reached at (979) 764-3570 between the hours of 8am-5pm , Monday through Friday. Thank you . Shauna Laauwe Staff Planner Home of Texas A&M University ·r --r . LJ .., -.. I .. ~\,-. _ .. __ . . . . . L ~~ COLLEGE STATION, TX 77840 PHONE: (409)764-3741 FAX: (409)764-3814 --------------------------------------------------------------------------- Application Number Property Address Property ID . . . . 00-00000320 Date 2/23/00 R # ... · ..... Application description Subdivision Name Property Use . . . . Property Zoning . . . Application valuation Owner ------Structure Information Construction Type Occupancy Type Roof Type . . . . Other struct info 216 STUTTGART CIR RESIDENTIAL, 1 UNIT DETACHED NEW RESIDENTIAL SINGLE FAMILY RESIDENTIAL J,25000 Contractor W.R. TUBBS CONSTRUCTION 3113 PLEASANT FOREST COLLEGE STATION (409) 764-9780 SINGLE FAMILY HOME TYPE VIU-UNPROTECTED RESIDENTIAL-SFR/DUPLEX COMPOSITION EXTERIOR WALL TYPE IMPACT/PRORATA FEES PAID FOUNDATION TYPE NUMBER OF GARAGE BAYS TYPE OF GARAGE (ATT/DET) HEATED AREA INTERIOR WALL TYPE NUMBER OF BATHROOMS NUMBER OF BEDROOMS SEWER TYPE TX 77845 BRICK N/A CONCRETE 2.00 ATT 1581. 00 SHEETROCK 2.00 3.00 PUBLIC Permit . . BUILDING PERMIT Additional desc Permit Fee 535.00 Plan Check Fee .00 Issue Date 2/23/00 Valuation 125000 Expiration Date 8/21/00 Qty Unit Charge Per 25.00 3.0000 THOU Special Notes and Comments . POST PERMIT CARD ON JOB SITE BASE FEE BLDG, VAL 100001-500000 PROVIDE SANITARY FACILI~IES FOR WORKERS ON SITE REMOVE ALL VEGETATION AND FOREIGN MATERIAL FROM SLAB AREA TEMPERED GLASS REQUIRED WITHIN 24" OF DOORS STRING LINE BUILDING SETBACK LINES Extension 460 .00 75.00 --------------------------------------~------------------------------------ Other Fees . Fee summary Charged --------------------------- Permit Fee Total 535.00 Plan Check Total .00 f"'\+-"""---'C'"',..., '1"1~+-""'1 '70t:; ('\('\ SEWER TAP 4" WATER TAP 3/4" TEMP ELECTRICAL POLE Paid Credited -------------------- 535.00 .00 .00 .00 '?Qt:; ('\('\ ('\('\ 350.00 400.00 45.00 Due .00 .00 ('\('\ July 5, 2000 TO WHOM IT MAY CONCERN: Re : Variance request for 216 Stuttgart Circle . 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: W R TUBBS Subject Property: 216 STUTTGART CIR (See attached location map.) Proposed Variance: Rear Setback The Zoning Board of Adjustment will hold a public hearing on Tuesday, July 18, 2000 at 6:00 p.m. to consider the request. The public hearing will be held in the City Hall Council Room located at 1101 Texas Avenue South, 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. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting . To make arrangements call (409) 764-3547 or (TDD) 1-800-735 - 2989 . For additional information, contact the City Planning Office, (409) 764-3570. Shauna Laauwe Staff Planner t! f ·• f.,' t.' ~ ; ' -. • ~ l ' c· ~ .... ,c: ~ ·· ... : I •'• " ·.:.1. '· ' ... ·;1;.· ....... :. f ,•' J , "'. ~", . \ ;., . ' \, '. ~. \.:· 11) ... : t l ' ,. ' ' ·' . i I . '• . " · .... .. - " ' ·:~ j· '~ i '·· ., .. { ., ., '' ~·~ · ... ···*· ~ ... t.:«.';.-·j . ( . .. . • i ',( I "';">: ... !,. : \ '· :.. ! . ,, . ,. ·, .. -. ~ .... . ,-, I ..... " ' ,, ·-.. . ~. \, ~ .. 't"'·. J ... -·· ... _. '!·· .. _;J. ' . ' • f .. ·' . ~ ... . •' '" r: .. ' ' ~I, " . '· " ., " ' !. ~ '' ... i: . .. •... ''" . .. .. • ' .. ...... _ .. .1~ • ", I '•t .... 'r'." "· ' , . NOTICE OF PUBLIC HEARING The College Station Zoning Board of Adjustment will hold a public hearing to con- sider a front setback var· iance for 216 Stuttgart Cir- cle. Applicant is W. R. Tubbs, Inc. The hearing will be held in the Council Room of the College Station City Hall, 1101 Texas Avenue at the 6:00 p.m. meeting of the Board on Tuesday, July 18, 2000. Any request for sign inter- pretive services for the hear- ing impaired must be made 48 hours before the meeting. To make arrangements call (979} 764-3547 or (TDD) 1-800-735-2989. For additional information, please contact me at (979)764-3570. Shauna Laauwe Staff Planner 7-5-00 ZOO/GOO@l S:>A S !N3 Wd013A3U +-+-+-31~V 3 3Hl c~oo tLL sot.g, sc =11 00 1 1z 1 90 LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY, JULY 5, 2000 ONLY BILL TO: Jim Callaway Development Services City of College Station P .O. Box 9960 College Station, TX 77842 Eagle Account# 11106712 Mastercard# 5405 823193435497 Expiration date: 3/02 NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment will hold a public hearing to consider a rear setback variance for 216 Stuttgart Circle. Applicant is W.R. Tubbs Construction Inc. The hearing will be held in the Council Room of the College Station City Hall , 1101 Texas Avenue at the 6:00 p.m. meeting of the Board on Tuesday , July 18 , 2000. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (409) 764-3547 or (TDD) 1-800-735- 2989. For additional information, please contact me at (409) 764-3570 . Shauna Laauwe Staff Planner OWNER_NAME OWNER_ADD1 OWNER_ADD2 OWNER_CITY OW OWNER_ZIP SITUS_ADDR VAN RIET, LIEVEN J TRUSTEE 1901 SAN JACINTO HOUSTON TX 77002 FM 2154 BA CATHEY L.L.C . 6345 SMITH RD BELLVILLE TX 77418 208 STUTTGART CR GAUSE , DOROTHY L P 0 BOX 126 GAUSE TX 77857 210 STUTTGART CR LEGE, JOHN L INC 4224 DEERFIELD DR COLLEGE STATION TX 77845 212 STUTTGART CR CHARLES THOMAS HOMES INC PO BOX 10106 COLLEGE STATION TX 77842 207 STUTTGART CR BEGONIA CORPORATION 1901 SAN JACINTO HOUSTON TX 77002 214 STUTTGART CR CHARLES THOMAS HOMES INC PO BOX 10106 COLLEGE STATION TX 77842 209 STUTTGART CR TUBBS, WR CONSTRUCTION INC 3113 PLEASANT FOREST DR COLLEGE STATION TX 77845-5042 216 STUTTGART CR CARTER CHARLES BRANDT & SUMMER ANNE 211 STUTTGART CIR COLLEGE STATION TX 77845 211 STUTTGART CR ARDEN'S OF B/CS , INC J STEPHEN ARDEN 4103 S TEXAS AVE #100 BRYAN TX 77803 213 STUTTGART CR STYLECRAFT BUILDERS INC 4112 SH-6 S COLLEGE STATION TX 77845-8964 237 STUTTGART CR GDTINC OBA TOT HOMES 1110 TWELFTH MAN CIR COLLEGE STATION TX 77845 218 STUTTGART CR \ L & H HOMES C/O RAY HARBER P 0 BOX 6161 BRYAN TX 77805 235 STUTTGART CR BEGONIA CORPORATION 1901 SAN JACINTO HOUSTON TX 77002 220 STUTTGART CR BEGONIA CORPORATION 1901 SAN JACINTO HOUSTON TX 77002 222 STUTTGART CR BUCKNER, WALTER PO BOX 534 PONCHO SPRINGS co 81242 224 STUTTGART CR BEGONIA CORPORATION 1901 SAN JACINTO HOUSTON TX 77002 226 STUTTGART CR ':ii(l Y-:.:?7-00 0 4 :44 PM W -R. TUBB S CO N 5Tt<, J.N t..;. '•. C IT ~. COLLEGE STA TE L N0 .409 -764 -37 43 ~·el I 01 I'"' '."'. ",,,_ ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS ; .. _Fil~ Foo of$7S.OO. _ ApptiQllion OOMpleted in full. _ Rllquolt fbnn oomplotod in full . -Ad4iuonal materials may be required of the 1pplK.aot 11ucb 1111itc plana, c.fow-ation drawifllS, aign cktaila Al!d floor plau. 'The l.ohi~ OfficlAl lhaJt infoml the applioa.:1t clanyextramateriw required . APPLICANl'fPROJECl' MANAGER'S lNFORMA TJON (Primary Contact for the Project): ~ [_,IL..~~ &~~ -.c...x.. .-1..-------·------- Mailing AddreS5 !2. J(., ~~ op~ ~'°i"X:Z> ... ) City Staie -r..,...,. Zip Code -i-7 ~ill:\ '5 .. _ . B·Mail Addreu W r+u Db~Acl'b( ~,..J<, · n~ · Phonl3 Numboc\q<~J"'1 ~ -t:l-c go Fax Nurnbc~ "lC\J f.o°t ~ -'50 ~":l... PROPBR1Y OWNBR'S JNf'OkMATION : Name S'~~=-~------- Mailina Address --------______ _ City ____ ·----- State __ Zi COOc p ---·---E-Mail Ad~& ----------- Phone Number Fax Number-----·------------- LOCATlON OF P.ROPER'JY: Address ::2. J v "$;~bP~ Lot ~ Block :i. '5 ·-"'---- Dcleription if the.re is no Lot, Block and Subdivision --------------··---- --------·--- Action RcquQltod: (Circle One) ~ f>arkifQi Vari.an<Z Sisn Variance Curront ZolUng oCSubjoQt Proporty --~.::J _. ___ .. ----·. Appeal of 1.Qning Official's Jntcrpr~lltioo Special Exception Other ________ _ Applicable Ordinanoe Soction -'"-~_2 ________ " ______ ~-------- The app/JC(lltt has JJ''pared this appllcarlr>n and cert/fits lhat 1he foctJ s1a1td herein and 1xhlbtu attached htl'eto are true, correct and complete . tJP.0---P~s:roe.~ --·--------------=--'~--Signature tnd Tide ZM APPUCA TION mMPf'.DOC ~ Date , of2 ~AY-27-00 04:45 PM W .R. TUBBS CONSTR,IN C . r.~w CTT Y, COLLEGE STA TEL N0 .409-764 -3 743 Hay 26.00 15:34 P.03 . IUK Ul!'H\;& urs.r. U!'Ll CADN0.:, ____ 1 DATISVJ ((W • •.1 1 1 .. 1 ... ,,, ••• VARIANCE REQUEST -----···--·---· __ ,,_,,, -·"·---· .. ·-·-···-------- ·---·-----· ·------·-·--· .. -.•. --·---· ____ ....... ··-.. ·-·--·--. _,,,, ______ .. Thia variance is lteCCSsary due to 1he followinB special CQllditioiu : µDf'V'~ -z:.s, ~~~ ~~--~~--~~~ APP4R.~ CQY eo~m ~~~,._) Q.~~ ~~. ~~cws t=ov....:>o e...>Gn.o~~ p...-r c. .o . -i;,J~"'"° .. ~-·-- ~ Unnett:Sa&I')' herrl .. hip (•) in"ol\'Od by meeting tM p1ovisions or the ordi1\MOC other than financial hArdahip Wuc: ____ ,, -.. --------... -------·--·---------·----·-·-.. -.... ----·--··------ ·----------------·-···"' ·------------·--- The follOY.ing alternatives IO the requested variance ait po1>siblo: ThJ1 v1rianoo will not be coottuy to the public interest by virtue of lhe following &ots : ~L "1' ~ A.-r-ll-\_~ ~ 'XS l.Aftt>IS -s-.~-~'!~~.}_ __ .~ :X: ~ •• ::>c:rr:--c=auL-~\ce.-i:.-r \...-'"t:~ Q.le. p.. P'\~"""':t:o ~~ .:SA1f=tr"f~s o~"T"''""'-e:,,,.,.,. AE.S-r~GS ~-ri.tt:..$ e~ Pf'loP~ --·---. _______ ... -· --- 1bc fa.cu stated in this applic:a.tion are we and oorrect . ---· M· -"""""-~- VillANCE UQOEST 2ot2 V AIUANct.DOC J/1'M ~AY -27-00 04:45 PM • UBBS CONS W.R T I I<, .l N l_; . ~ .. ~AY-27 -00 04:46 PM W.R CO N ::>-1 " TUBB::> -· i.:, !NL;. l <ti<:!"::' f'"b 1 ~ \U~- m ~ ' JM L 0 . .. . --~--__ J __ ~ ~ 1. ·····-· ... , ....... -····--1·1\········· .. ··· . . . . -~· ~ . . . . .. 41· I . I I I -.... I ~ I I • ' MAY -2 7-0 0 04 :44 PM W.R. TUBB S C ON S T R,IN C . 1 4 051 764 ':;I (Ci"=' Send to: W.R. Tubbs Construction, Inc. 3U3 Pl9a1ant For11t Drive Coll•&• Station, TX 77846 (979) 784-9780 Office (979) 764--2011 Fax From: ~--c::: c .~ ~ S-c.~ on-W.R . Tubba Attention: M~ -ia . '!>n.e.~n... Phone number: ~ "1'\. 'I c.~ -~ £J-l ~ Fax number: Datt: s 2-'l oo Phone number: 265-3!531 Rt: VAIL-cA 0 Urcent ~Reply ASAP 0 ~comment 3 Pie_. review 0 For your Information Total pa&11, lncludlnl cover: Comment.: {VI A. ll.L....A.. ' -::Z::. ,._; Or'c~ -(g e t=.e:_~ ""I:.-5. MD f2-e 0 ,.J -t"'"""E. n..v~~ <. P<Lt>~~~ S....c.?:.-e~). -:r:.. ""r~oi::wl~ -:c. 0 ~ e ~ ~ '5 :c:z5!. t"Y'\ v~-e. . -:r:::r-"S 0 p <...~A~ CA._L /VI"!:, l ::z.t;<S-~S ~ \) Z> n.. -c.. c:. ti-JE. ,.,eco -ro -sv ~ r'V"I-~ r A ,J;' ,...,....Jr.1-.~l? ~ ..,,m.~-en..... ~I.A. /:>-.,..;) \L ~ \ L l l Y , LULLt Gt 01 H • M d~ L Qo U U 11 •4 ( r .U L ll'OR OFFICE USE ONLY CASE N0.1_ . - DATB st11JMITTJJ):_ -'<,,____. I _ _.. CONSTRUCTION BOARD OF ADJUSTMENTS & APPEALS _Filing Feo ofSS0.00. _Application· QOmPleted in full. MINIMUM SUBMITIAL REQUIREMENTS; _Additional materials may be rcqu icol of the applican t such as sit.¢ plaru, elevation drawings, and floor plans, The Building Official shall infonn thG ~liCMt of any extra materials rcq1.1ired. APPLICANTIPROJECT MANAGER'S INFORMATION (Primary Contact for tho Project): Name lrJ ~fl_ :r'~ LoNS\ ~-'----'--"'-....__..,..'_..L_',..._c:..._. __ ~---~-------­ Mailiilg Address !2. It,. s-rvr-c-6A.~ City e..c:>'L-'-c:.be., ~'T';C:.o.J State -l ,..._ Zip Code £ '1. g '-4.S B·Mall Ad~ss \,.Jr +-v f:?bsfur+htlok.. ncl. Pho~Numw [Di.1"'1 )leo~=~-i~o Fax Num~r(G.--i.C\) CoC\.tO -'5 °~'2-. PROPERTY OWNER•S INFORMATION : Na.me ~A-f"Y'lE.. Mailing Address ------------- State _. ---Zip Code -----E·Mai l Address -,------------ Phone Number _________ Fax Numbrjr ---------------- LOCAnON OF PROPERTY: Ad~ ::Z.l <, S"l'~<oA.1'2-\:' Co~ "St-A~ 7--,c.. -it..~l-4 S -~~~~~-...-~~~~----------~---+-"-'--------~~----~- Lot 4_ Block :t5 Subdivision E°O"E-t...i,..)~:!.. E.'S'r"5FSS P""' (A D*ripti.on if applicable ~ '"?=~ Oe....:ie.~b _________________ ,._, ... .-····--'----------------- Current Zoning of Subje<:t Property _P-_-_\.._ ________ ~-----~------- Applieabfo Ordinanoe Scdion _.;._l (.,,~~::...:~--------------------- O&ISVMIANCe REQUEST CSTAPP.000312~ t at::Z CI TY. OLLEGE STA TEL N0.4 09 -764 -37 43 / ARIANCE REQUEST The following specific variation from the ordinance is requested: 0~,.,.... I / ~'"'~L.~z-~ ~s -c-o l'5 . This variance is necessary due to the following special conditions: ~~"C~ e..oVV'\PL~ce. o,.J A.. {.,,fl-A.CE:. '?<>v-CA~"'. The unnecessary _ hardship (s) Involved by meeting the provisions of the ordinance other thAn financial hardship is/are: The following alternatives to the requested variance are possible: This variance will not be contracy to the public interest by virtue of the following facts: '1""142-~OA.<U-\!l:'l§.NL:-:C.'S. o,...) ~e. (2.:e.Arl... cD~ (4.o~ ~-e:YA~Q I , 1;....> ~L--X:S C""l?-Ji.,.. ~ Pru/ POI\...~ '\i" (IJ'CL-L. r-Jo\:"' ~§.~ 0 The applicant has prepared this appllc.a/Jon and certifies that the facts stated herttln and exhibits al/ached hereto ar1 true, correct and ccmp/ete . Signature and Titlo ~BVAAIANCE REQUEST ~TAPP ..000 312.ctOO Date 2of2