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Home My WebLink AboutVAR2002-500253NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment will hold a public hearing to consider a rear setback var- iance for 308 Agate , lot 2, block 5, Stone Forest Subdi- vi sion Phase II . Applicant is John McEuen . 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. meeting of the Board on Tuesday, January 7, 2002 . • Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting. To make arrangements call (979) 764-3547 or (TDD) 1- 800-735-2989. =or additional information , please contact me at (979) "64-3570 . \ \i11y Hitchcock a 'l.ff Planner 12-23 -02 NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment will hold a public hearing to ~ and consider li rear set- back variance for 308 Agate, lot 2, block 5, Stone Forest Subdivision Phase II . Applicant is John McEuen . 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. mee ting of the Board on Tuesday, March 4, 2003 . Any request for sign interpretive services for the hearing 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 . MOLLY HITCHCOCK STAFF PLANNER 2-19-03 C· 1 A·O City of College Station, Texas DEVELOPMENT REVIEW 308AGATE A·O loll 11 Case: 02-253 MINUTES Zoning Board of Adjustment March 4, 2003 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chainnan Leslie Hill , Dick Birdwell , Rodger Lewis , Graham Sheffy John Richards. MEMBERS ABSENT: Alternates, Denise Whisenant , Randal Allison & Jay Goss (not needed ). STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners ' Jennifer Reeves, Jennifer Flanery & Molly Hitchcock, City Attorney Carla Robinson, Action Center Representative Regina Kelly . AGENDA ITEM NO. 1: Call to order-Explanation of functions of the Board . Chairman Hill called the meeting to order . AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. There were no requests to consider. AGENDA ITEM NO. 3: Consideration, discussion and possible action on approval of meeting minutes from January 7, 2003. Mr. Lewis made the motion to approve. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Consideration, discussion and possible action on approval of meeting minutes from February 4, 2003. Chairman Hill called before the meeting and made 3 minor changes. Mr. Birdwell made the motion to approve the minutes as amended Mr. Lewis seconded the motion , wliich passed unopposed (5-0). AGENDA ITEM NO. 5: Consideration, discussion and possible action to rehear a rear setback variance at 822 Nimitz, lot 9, block 6, D.A. Smith Subdivision. Applicant is the City of College Station Community Development Office. If the Board votes to rehear this case, the case would be reheard at the Board's regular meeting April 1, 2003. No staff report was given . Ms. Reeves told the Board that the homeowner and a representative from the Community Development Office were in the audience should they have any questions . Mr. Birdwell made the motion to deny the request to rehear. With no second the motion failed ZBAMinutes March 4, 1003 Page I o/6 Mr. Richards made the motion to approve to rehear. Mr. Sheffy seconded the motion. Mr. Lewis stated that he is in favor of rehearing the case because they have given other applicants every opportunity to have their cases reheard . The Board voted (4-1). Mr. Birdwell voting against rehearing the case. The motion passed to rehear the case at the April 1 meeting of the Board AGENDA ITEM NO. 6: Public hearing for consideration, discussion and possible action on a rear setback variance at 308 Agate, lot 2, block 5, Stone Forest Phase II. Applicant is John McEuen. REHEAR No staff report was given. Chairman Hill opened the public hearing . Mike Gentry, stepped before the Board and was sworn in by Chairman Hill . Mr. Gentry spoke on behalf of Mr. McEuen and spoke in favor of the Board rehearing the case. Mr. Lewis asked Mr. Gentry if he could state a special condition and hardship . Mr. Gentry replied that the special condition would be the reasonable effort of the applicant to construct the house in compliance with all the City ordinances. The mistake made by the city in processing the plans would be a special condition . Mr. Gentry described the 8-foot fence that Mr. McEuen had constructed on the 3 sides of the property . As far as a hardship Mr. Gentry stated that home not being marketable and there is no way to fix the problem other than tearing it down . Chairman Hill replied that self-inflicted hardships are not grounds for a variance . Mr . Gentry replied that he would argue that it was not self-inflicted . Mr. Gentry added that Mr. McEuen went to the city and sought to comply with all the guidelines and received approval. The city staff supported the application and since then has changed their guidelines on reviewing site plans as a result of it. Ms . Hitchcock stated for public record that there was a letter at their desks from a property owner in opposition of the request. Dale Christian, president of Pebble Creek HOA, stepped before the Board and was sworn in by Chairman Hill . Mr. Christian asked Ms . Hitchcock to restate the facts of the case . After the recap Mr. Christian stated that he could not state a formal opinion on the case . Chairman Hill called for anyone wanting to speak in opposition of the request. Sefa Koseoghu, a neighboring property owner, stepped before the Board and was sworn in by Chairman Hill . Mr. Koseoghu spoke in opposition to the request. With no one else stepping forward Chairman Hill closed the public hearing. ZBA Minutes March 4, 1003 Page 2 o/6 Mr. Birdwell made the motion to approve 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 : the city approved the site plan and inspected the forms before the concrete was poured and approved it ; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to the applicant being : inability to obtain title insurance without a variance; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations : 4-foot variance to the rear setback. Mr. Richards seconded the motion . Mr. Richards reminded the Board about the letter they received from the neighbors . He stated that he spoke to the closest homeowners to the subject property and they are both in appro val of the variance . Mr. Richards added that the hardship is a direct result of the special condition . Mr. Birdwell added that this is an unfortunate situation . Mr . Birdwell stated that the ZBA is very critical to builders when they make mistakes , but in this case it was not the builder that made the mistake it was the city . Mr. Sheffy stated that he agreed with Mr. Birdwell . Chairman Hill stated that the builder did make mistakes and the city failed to catch them. Chairman Hill stated that Mr. McEuen assumed the rear setback was 20-feet and a simple phone call could have prevented the problem . Chairman Hill added that the neighbors , Dr. Martin-Rogriquez and Sefa Koseoghu strongly oppose the variance and they are asking for the protection that the city ordinances are designed to gi ve . Mr. Birdwell added that the reason for setbacks is population density and this is not going to change the population densit y. In this case this house has twice, three times the sideline clearance . So there is plenty of openness and light. Mr. Lewis stated that he agreed with Mr. Richards . The builder has done as much as he can to ameliorate the situation . He added that he could agree with some of Chairman Hills ' remarks . He agreed that he did not feel the builder exercised a great deal of diligence in discovering the rear setback but he feels he has done everything he can since making the mistake to improve it. Mr. Lewis ended by saying that he would be in favor of the variance. The Board voted (4-1). Chairman Hill voting against granting the variance. The variance is granted AGENDA ITEM NO. 7: Public hearing for consideration, discussion and possible action on a side and rear setback variance at 210 Lee Avenue, lots 6 & 7, block 4, Oakwood Addition. Applicant is Richard Jefferson, New Concepts Construction. Staff Planner Hitchcock presented the staff report and told the Board that the variances were for the construction of a new car garage and improvements to an existing garage structure. The owners are planning to make several additions and improvements to their home . One project is the updating of the existing garage and the addition of a new garage . The existing garage was built on the rear property line in 1938 , before the city had adopted setback regulations . ZBA Minutes March 4, 2003 Page 3 of 6 The structure is non-conforming to current standards, and therefor must receive a variance to reconstruct or structurally alter the building, or to change the use of the building; thus the applicant is requesting a 25-foot rear setback variance for the existing garage structure. The new garage is proposed to be constructed flush with the existing garage along the rear property line. The rear setback for R-1 is 25-feet, but garages are allowed 20-feet from the rear property line . This new structure would also encroach into the required side setback; thus the applicant is requesting a 20-foot rear setback variance and a 4 Yi to 5-foot side setback variance for a new garage . As a special condition the applicant would like the Board to consider the existing configuration of structures and driveway . The applicant also describes the alley behind the home as a buffer between the subject property and the home behind it. It is stated that the proposed renovations will not be possible without the necessary variances . Ms . Hitchcock ended her staff report by telling the Board that she had received two letters from abutting property owners. The neighbor to the South is against the side setback variance and the neighbor to the North is in support of all requests . Chairman Hill opened the public hearing . Bruce Hoekstra, the homeowner, stepped before the Board and was sworn in by Chairman Hill . Mr. Hoekstra explained to the Board the improvements that will take place to the home, garage and property. Mr. Richards asked how the drainage was going to be handled . Mr. Hoekstra stated they were going to place cement and gravel that will carry the runoff out the alley . Also when they pour the footing for the garage they are going to pour a curb that will prevent water from being shed into the neighbors property. The water will be routed out the driveway to the front or they will take it to the alley . Mark Sicilio, 126 Lee Avenue, stepped before the Board and was sworn in by Chairman Hill. Mr. Sicilio spoke in favor of the variances . Richard Jefferson, the applicant, stepped before the Board and was sworn in by Chairman Hill. Mr. Jefferson explained renovation of the existing garage and the construction of the new garage . Chairman Hill stated that his concern is water being diverted on the adjoining properties. Mr. Jefferson stated that the owners are choosing to pave the driveway all the way from the street to the back of the property. There would be something like a swell so the water would stay in the channel. So there should not be any water run off to the side . Chairman Hill stated that it is his understanding that when you pave an area that has not previously been paved you do increase the amount of run off Chairman Hill asked if the water is being diverted to run North or South. Mr. Jefferson replied that he did not know. But at least by paving the driveway then you can at lease get the water out of their front yard and any water that may be progressing into the left neighbor 's front yard . ZBAMinutes March 4, 2003 Page4o/6 Chairman Hill and Mr. Lewis stated their biggest concerns is the side setback . Chairman Hill asked Mr. Jefferson if he had any alternatives so he would not encroach into the side setback. Mr. Jefferson replied that other than not having the doublewide garage he did not know any other alternative . Dana Hudson, the architect for the project, stepped before the Board and was sworn in by Chairman Hill . Ms . Hudson spoke in favor of the request . Neely Lewis, 120 Lee, stepped before the Board and was sworn in by Chairman Hill. Mr. Lewis spoke in favor of the variances . C . D. Claycamp , 300 Lee , stepped before the Board and was sworn in by Chairman Hill . Mr. Claycamp spoke in opposition to the variances . Mr. Claycamp expressed his biggest concern as being the side setback and the drainage. He did not want the structure encroaching on the shared property line . With on one else stepping forward to speak in opposition or in favor of the variance requests Chairman Hill closed the public hearing . Mr. Birdwell 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 condition : rear setback conforms with several garages in the subdivision ; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being : prevents extensive improvements ; and such that the spirit of this ordinance shall be observed and substantial justice done to the following limitations: rear variance of 20-feet, side setback 1.5-feet and drainage to the front. Mr. Lewis seconded the motion . Chairman Hill stated that he has no problem with the rear setback but due to the objection of the neighbor on the affected property line he opposes the side setback variance . Mr. Birdwell made the motion for the division of the question. Mr. Sheffy seconded the motion. Chairman Hill made the motion to amend tlie motion to strike the side setback variance. Due to a lack of a second the motion failed. Chairman Hill asked Legal if they could divide the question . Ms . Robinson replied that they could divide the question. There were discussions as to the granting of the side setback variance along with the stipulation of the drainage being to the front. Chairman Hill asked is the grading of the property such that it forces the water to drain to the street rather than the alley . Mr. Jefferson replied that he believes everyone in the area has indicated that the natural drainage drains from the back to the front. The Board voted (5-0) to approve the rear setback variance of 20-feet The Board voted (4-1) to approve the side setback variance of 1.5-feet Chairman Hill voting against granting the variance. ZBAMinutes March 4, 2003 Page5of6 The stipulation that the drainage will be to the front will remain in the motion as a limitation. AGENDA ITEM NO. 8: Public Hearing for consideration, discussion and possible action on a sign variance at 2013 Southwood Drive, lot 30, block 11, Southwood Section 24. Applicant is Carol Nichols, Bee Creek Neighborhood Association. Staff Planner Flanery stepped before the Board and presented the staff report . Ms . Flanery told the Board that the variance is being requested to place a neighborhood area identification sign on an existing 3-foot high wall. At the February 4 meeting the Board heard and approved the exact request just across the street from this one . Since then it was decided to move the sign across the street since the property owners for the previous request were never reached to gain permission . Chairman Hill opened the public hearing for those wanting to speak in favor of the request. Carol Nichols, President of the Bee Creek Neighborhood Association stepped before the Board . Ms . Nichols spoke in favor of the request. Glen White , Manager of Doux Chene Apartments, stepped before the Board and was sworn in by Chairman Hill . Mr . White spoke in favor of the request. Mr. Lewis made the motion to authorize a variance to the sign regulations from the terms of this ordinance as it will not be contrary to the public interest due to the following unique special conditions not generally found within the city : the variance replaces a previously granted variance and brick wall is already existing; and because a strict enforcement of the provisions of this ordinance would result in substantial hardship to this applicant being : unable to participate in City Neighborhood Enhancement Project ; and such that the spirit and intent of this ordinance shall be observed and the general interests of the public and applicant served , subject to the following limitations : I 0-foot sign setback variance. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 9: agenda items. No items were discussed . Consideration, discussion and possible action on future AGENDA ITEM NO. 10: Adjourn. The meeting was adjourned . APPROVED: Leslie Hill, Chairman ATTEST: Deborah Grace, Staff Assistant ZBAMinutes March 4, 2003 Page6of6 (_ The City of College Station, Texas P.O . Box 9960 • March 18 , 2003 JohnMcEuen P.O . Box 849 Normang ee, Texas 77871 Embracing the Past, Exploring the Future. 1101 Texas Avenue • Coll ege Station , TX 77842 • www.ci.college-s ta ti on.tx.u s (979) 764-35 00 This letter is to confirm that the Zoning Board of Adjustment, at their March 4, 2003 meeting approved the requested rear setback variance at 308 Agate, also known as lot 2 , block 5, in the Stone Forest Phase II Subdivision. Approved : A 4-foot variance to the rear setback. Deborah Grace Zoning Board of Adjustment Secretary Home of Texas A&M Univ ersity Home of the George Bush Presidential Library and Museum MINUTES Zoning Board of Adjustment January 7, 2003 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Leslie Hill, John Richards, Dick Birdwell, Rodger Lewis & Graham Sheffy . MEMBERS ABSENT: Alternates Jay Goss, Denise Whisenant & Randal Allison (not needed). STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners' Jennifer Reeves & Jennifer Flanery, City Attorney Carla Robinson, Building Official Lance Simms, Development Services Director Kelly Templin, Staff Assistant Susan Hazlett & Action Center Representative Regina Kelly . AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board. Chairman Hill called the meeting to order and explained the functions of the Board. AGENDA ITEM NO. 2: Consider any absence request forms. No requests were received . AGENDA ITEM NO. 3: Consideration, discussion and possible action on approval of meeting minutes from November 5, 2002. Mr. Birdwell made one word correction. Mr. Birdwell made the motion to approve the minutes as corrected. Mr. Lewis seconded the motion , which passed unopposed (5-0). AGENDA ITEM NO. 4: Consideration, discussion and possible action on a rear setback variance at 308 Agate, lot 2, block 5, Stone Forest Subdivision. Applicant is John McEuen. Staff Planner Reeves stepped before the Board and presented the staff report . Ms. Reeves told the Board that the applicant has decided now to seek a 4 ' -foot v ariance instead of the 3 Yi-foot variance as stated in the staff report . The variance is to legitimize an encroachment. The site plan for the encroaching structure was submitted to the city without a rear setback line . The property varies in depth from 119.4-feet to 120-feet. With a 25-foot front setback and a 73-foot building pad, it could have been determined from the plan that the house would encroach 3 to 3 .5-feet into the required rear setback. The site plan was approved in error by a building plan ex aminer . The house began construction according to the site plan ; thus the applicant is requesting a 4-foot rear setback variance. ZBAMinutes January 7, 2003 Page 1 o/5 The applicant would like the Board to consider the topography, the placement of the electric box, and city staff error as special conditions . He has listed the facts that the house is formed and the inability to get a loan on the house as hardships . Staff has identified that removal of the encroachment is the only alternative to a variance for the house to be in compliance with the Zoning Ordinance . Chairman Hill opened the public hearing . Mr. Birdwell had questions concerning the plot plan submitted for the building permit. Lance Simms , Building Official , stepped before the Board. Mr. Simms told the Board that along with the site plan he had a full set of building plans . Mr. Simms stated that the total depth of the house from the front of the garage to the rear of the house is 72-feet 11-inches . Mr. Simms told the Board that the site plan that was submitted in the Board 's packet was the site plan submitted for the building permit. Mr. Lewis stated that the site plan did not show the dimension of the house and it did not show the proposed distance from the back of the house to the back of the lot . Mr. Simms replied that was correct . Mr. Birdwell stated that a complete set of building plans were submitted for permit and the site plan as submitted did not conform to the City requirements . Mr. Simms replied that was correct. Chairman Hill opened the public hearing for those wanting to speak in favor of the variance . Mr. McEuen, the applicant, stepped before the Board and was sworn in by Chairman Hill. Mr. McEuen told the Board that he came to College Station from Hill Top Lakes. He has been building there for the last 8 years . Mr. McEuen explained that building in College Station is new and different from Hill Top Lakes . He apologized and explained that he was sure there were some things that he could have done different. Mr. McEuen showed the Board the building plan that was submitted for permit and pointed out that the scale shows I-inch to be I 0-feet. To measure from the back of the house to the property line you get 21-feet plus a few inches . Mr. McEuen stated that the even the developer was uncertain what the rear setback was . Mr. McEuen stated that he has never built on a property that had a rear setback of 25-feet. Mr. McEuen described to the Board a dirt pad that was built on the property. It was dirt from the street while the subdivision was being built. At the end of the dirt pad is a gully . The dirt pad is exactly 73-feet from the 25-foot off set. Mr. McEuen described the dirt pad as being almost 3-feet high . That makes the house very visible from the homes in Pebble Creek. Mr. McEuen spoke about receiving a brochure from another developer and the rear setbacks in his subdivision were shown as 20-feet. He then felt sure he was right with the 20-foot setback on his property. When the plans were submitted to the city a permit was issued to build the house and the inspection for the slab was done and approved . Mr. McEuen ended by telling the Board that he is not trying to pass blame because he knows he is to blame also . Chairman Hill asked Mr. McEuen when he was unsure about the rear property setback why didn 't he contact the city to verify what the rear setback was . Mr. McEuen replied that his architect asked him what the setback was and he told him he was not sure . He told his architect to show the house in relation to the property line . In the meantime the building plans were ready, he submitted for the permit and the permit was issued, he felt sure in assuming the rear setback was 20-feet. Chairman Hill stated that the documents before him do not indicate how far the house is from the property line ZBAMinutes January 7, 2003 Page2of5 Mr. McEuen described a fence at the back of the property line . Mr. McEuen explained that on the right hand side of the house there is a stake just this side of the fence, that is the property line . On the left side there is a stake with a ribbon that was pushed down under the fence . On the survey it is stated that the property line is over the fence . So there is no way that they could run a string to be absolutely sure that is all they are encroaching . So to be sure they are asking for a 4-foot variance. Chairman Hill asked if it was known how far the fence comes over the property line . Mr. McEuen stated that he could not find the property stake but he would guess from 2-3 inches. Mr. Richards told Mr. McEuen that it is his responsibility to know what the setbacks are . There were discussions concerning the gully in the backyard . Mr. Birdwell asked ifthe back fence was in place when the slab was poured. Mr. McEuen replied yes . Mr. Lewis asked ifthere was any other special condition besides the dirt pad . Mr. McEuen replied no . Chairman Hill asked Mr. Simms to explain the steps for acquiring a building permit. Mr. Simms stated the bottom line is the house does not fit on the lot. Mr. Simms ended by saying that he likes to accept responsibility when its due and they will do a better job in the future . Mr. Simms and Chairman Hill continued discussions on the Building Department staff and their procedures . Mr. Lewis asked if the plans check list asks if setbacks are shown on the plans . Mr. Simms replied that it did not but it will in the future . Chairman Hill called for anyone else wanting to speak in favor or in opposition of the request to step forward . Dr. Manuel Martin-Rodgriquez, 4601 Pro Court, stepped before the Board and was sworn in by Chairman Hill . Mr. Martin-Rogriquez spoke in opposition to the variance . Charles Rugh, 4602 Pro Court, stepped before the Board and was sworn in by Chairman Hill . Mr. Rugh handed the Board an outlined agreement between residents of Birdie Court (Pebble Creek) and Mr. McEuen . (Attached). The agreement was established to resolve issues so the variance could be granted . There were discussion concerning the fence being proposed by the residents of Birdie Court. Sefa Koseoglu, 801 Hook Court, stepped before the Board and was sworn in by Chairman Hill. Mr. Koseoglu wanted to know what steps the city was doing to prevent this from happening again. Mr. Martin-Rodgriqez approached the Board again and stated that he had not seen the letter that was given to the Board from the Birdie Court residents . He added that nothing listed in the letter would resolve any of his issues . ZBAMinutes January 7, 2003 Page3o/5 Mr. McEuen stepped before the Board and there were continued discussions about the fence mentioned in the letter of agreement. With no one else stepping forward Chairman Hill closed the public hearing . Mr. Birdwell asked Legal if it was appropriate for the Board to grant a variance with a requirement that an 8-foot fence be built in accordance with the submitted agreement. Ms . Robinson replied that the Board could only impose a physical condition on the property at hand . Chairman Hill asked what recourse did the property owners who signed the agreement have if other party is not living up to the agreement. Ms. Robinson replied that would become a civil matter. Mr. Birdwell made the motion to authorize a variance to the minimum setback from the terms of this ordinance as it will not be contrary to public interest, due to the following special conditions: the city issued a building permit for a structure larger than will fit on the lot ; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to the applicant being : inability to obtain title insurance; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations : variance limited to 4-feet and an 8-foot wooden fence will be required along the back lot line . Mr. Lewis seconded the motion . Mr. Birdwell stated that the city and all governments always take the position that if they make a mistake that is tough but you need to do it over. Mr. Birdwell added that his philosophy when this results in a significant financial burden on the part of the building permit applicant it is a totally irresponsible attitude on the part of the city . The situation here is such that the fence was there when the slab was poured . A string line could not be pulled on the property line because the fence was in the way . It would have been a simple matter to measure between the fence line and the back batter board on the house . It is obvious that that measurement was not made . Because if it has been made this would have been corrected at that time . If the setbacks were checked at plan review it would have also become obvious that the house did not fit the lot . Mr. Birdwell also added that he feels it is very unrealistic to require the builder to chop off the slab by 5-feet . Mr. Birdwell ended by commending the neighbors for coming together and meeting with the builder and agreeing to drop their opposition provided an 8-foot fence is built. Chairman Hill stated that he personally opposed the variance for several reasons . First the builder made some assumptions as far as what the actual building setback was on the lot. When no one was able to tell him what the correct setback was a simple phone call to the city offices would have clarified that immediately. Chairman Hill stated that he felt the builder was negligent for not verifying what the rear building setback was . Second the opposition from Mr. Martin-Rogdriquez . His property is not immediately adjacent to this property but he is in proximity and is being effected by it. He has come before this Board asking that he be afforded the relief that is specified in the ordinances. He is asking for the protection that the ordinances guarantee . If the Board granted the variance this denies Mr. Martin-Rodriquez the protection he should have received from the ordinance . Obvisously with the differing elevations between this lot, the adjacent lots and the lots beyond the rear line , the people with the lower elevation are going to have to accept the fact that the houses on the other side of the property lines are going to be higher. In this case the problems are magnified by the fact that the house is closer than it is supposed to be to the property line . Chairman Hill stated that mistakes were made on the side of the builder and on the side of the city. Chairman Hill ended by saying that the Board should not grant the variance . ZBAMinutes January 7, 2003 Page4o/5 Mr. Lewis stated that it is very disappointing in many ways and he is very sympathetic with the other property owners but he is in favor of the variance because he feels there are some special conditions on the lot. Most of the time the Board has a hard time finding special conditions but this lot has some . The lot being built up and the fence being there are just a few to mention . While the builder is responsible for placing the house on the lot and meeting the setback requirements, the city review process should have caught this . Also the builder has shown a willingness to do what he can to remedy the situation and therefore he is going to favor the variance . Mr. Richards stated that he was disappointed that the builder did not make himself more aware of the local ordinances . The city tries to protect its citizens from these type things and this is a difficult situation . Mr. Richards ended by saying what ever the outcome is he hopes everyone can resolve the problems that happened . This is not a simple situation and both sides are valid with what happened . Mr. Sheffy stated that a builder can not come in and make assumptions , a simple phone call could have solved the problem. Chairman Hill called for the vote from Mr. Birdwell's motion to approve. The Board voted (3-2). Chairman Hill and Mr. Sheffy voting against granting the variance. The request for a variance was denied AGENDA ITEM NO. 5: Consideration, discussion and possible action regarding the taking of minutes for the Zoning Board of Adjustment. Ms . Robinson presented and discussed her findings in a memo , which was handed to the Board Members . The Board Members continued discussions . Mr. Birdwell made the motion that the minutes continue to have summaries of the evidence presented and the Board's deliberations. However, the minutes need not include long narratives. Mr. Lewis seconded the motion, which passed (3-2). Mr. Hill and Mr. Richards voting against changing the minutes. AGENDA ITEM NO. 6: items. Consideration, discussion and possible action on future agenda No items were discussed . AGENDA ITEM NO. 7: Adjourn. The meeting was adjourned . ATTEST: Deborah Grace, Staff Assistant ZBAMinutes APPROVED: Leslie Hill Leslie Hill, Chairman January 7, 2003 Page5 o/5 MINUTES Zoning Board of Adjustment February 4, 2003 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Leslie Hill , Dick Birdwell, Rodger Lewis & Alternate Jay Goss . MEMBERS ABSENT: Graham Sheffy , John Richards and Alternates, Denise Whisenant & Randal Allison (not needed). STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners ' Jennifer Reeves, Jennifer Flanery & Molly Hitchcock, City Attorney Carla Robinson, Action Center Representative Regina Kelly . AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board . Chairman Hill called the meeting to order with only 4 Board Members present and explained the functions of the Board . AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. Mr. Birdwell made the motion to approve Mr. Richards absent request Mr. Goss seconded the motion, which passed (4-0). The Board did not vote on Mr. Sheffy's absence. No request was turned in. AGENDA ITEM NO. 3: Consideration, discussion and possible action on approval of meeting minutes from January 7, 2003. Mr. Birdwell made a correction to agenda item # 5 . The minutes reflected the motion failed . The item only required a majority vote. The motion passed. The minutes of the Board will be shortened . Chairman Hill asked to include in the minutes on the 308 Agate case the reason for each Board Member's vote. AGENDA ITEM NO. 4: Consideration, discussion and possible action to rehear a rear setback variance at 308 Agate, lot 2, block 5, Stone Forest Subdivision. Applicant is John McEuen. If the Board votes to rehear the case, the case would be reheard at the Board's regular meeting March 4, 2003. Chairman Hill told the applicants in the audience that one Board Member is absent. Chairman Hill stated that he will gave each applicant the opportunity to withdraw their case until the next meeting when a full Board would hear their case or have it heard knowing that in order to have their request pass they would need all 4 members voting in favor. Mr. McEuen stated that he did want to continue with his case in the absence of a Board Member. ZBA Milfutes February 4, 2003 Pagel o/10 ' Mr. Gentry stepped before the Board and told them he is representing Mr. McEuen . Mr . Gentry presented pictures to the Board showing the fence that was discussed at the last meeting has now been constructed . It is approximately 227-feet long, 8-feet high and it covers not only the lot where the house is located but also both lots on each side of the house . In response to the construction of the fence , the neighbors in the cul-de-sac immediately behind 308 Agate have signed a letter indicating that they are pleased with the improvements and no longer have any objection. Mr. Gentry ended by telling the Board that he visited with city staff & they have changed their procedures so that a physical part of the plan approval for the construction of a new house now includes identifying the required setback and identifying the provided setback on the site plan . If they do not match that would immediately been known . Mr. Gentry asked the Board to consider his request for a rehearing . Mr. Birdwell made the motion to rehear the case. Mr. Lewis seconded the motion. Mr. Lewis stated that his support for rehearing should not be construed to indicate that he feels there were problems with the decision . He wants to give people every opportunity to present their case . Chairman Hill stated that there does appear to be new evidence and he also would be in fa vor of rehearing the case. Mr. Birdwell stated that it is a show of good faith on the part of the applicant to build the 8-foot fence not only on his lot but also on the adjoining lots. Mr. Goss stated that he is troubled when the city grants something and then comes back and says there is an error. Mr. McEuen's plans were approved and he built the house as approved . Mr. Goss ended by saying that he understands the law and the burden on the city but it still troubles him . Chairman Hill cal.led/or the vote. The Board voted (4-0) to rehear the case. AGENDA ITEM NO. 5: Consideration, discussion and possible action on a side street setback variance at 2388 Kendal Green Circle, lot 21, block 2, Castlegate Section 4 Phase I. Applicant is Charles Thomas. Mr. Thoma s told Chairman Hill that he did want to continue with his case in the absence of a Board Member. Staff Planner Flanery presented the staff report and told the Board that the applicant is requesting a variance to legitimize a mistake made during construction. This case involves an error made by the builder in establishing the side street 15-foot setback. The result is a variable encroachment that reaches 11-feet from the property line to the closest part of the home ; thus the applicant is requesting a side street setback variance of 4-feet. The applicant offers as a special condition: the lot is odd shaped . The string line was pulled straight to set the forms rather than with the curvature with a radius of315-feet. ZBAMinutes February 4, 2003 Page2of10 The City of College Station City Planning Office P.O. Box 9960 1101 Texas Ave. College Station, TX 77842 FAX: 764-3496 To Whom It May Concern : Manuel M. Martin-Rodriguez 4601 Pro Ct . College Station, TX 77845 March 3, 2003 A professional commitment will not allow me to attend the Public Re-Hearing on March 4 , 2003 (re: variance request for 308 Agate). Therefore, I am writing to you with the request that copies of this letter are distributed to the Board members so that my voice and opinions in this matter can be heard. I continue to oppose the variance request for reasons I already stated at the first hearing and I will detail below. At the first hearing, Mr. McEuen claimed that he made an honest mistake when he started building beyond the limits allowed by City ordinances. He also claimed that the City of College Station had made some mistakes in considering his case. My point in this regard is simple : there is no reason why homeowners in the vicinity of Mr. McEuen 's property should pay for his (or anybody else's) mistakes. Every realtor and homeowner I have talked to about this issue coincides in concluding that neighboring properties will suffer financially if such a variance is granted. The value of our homes will be adversely affected , and we will loose money when it comes to selling our homes . To this, one needs to add the negative effects on privacy that 308 Agate's current non-compliant setback entails for surrounding properties, including increased noise and lightning. The taller fence that has been built on that property's limit with a Pebble Creek home may mitigate some of those effects, but it will certainly not solve the problem nor the financial consequences indicated above; moreover, as the fence gets old, it will become a rather unattractive sight at its current height . This would be most noticeable for any potential buyers interested in my property in the future. If I understand City ordinances properly, variances should not be granted in any of the following cases: 1) if the variance is prejudicial to the public interest, 2) if the possibility of a nuisance is created, 3)if it is injurious to other property in the area, 4) if the non-compliant aspect is the result of the applicant's own actions. For those reasons indicated above, it is my belief that 308 Agate (as built) is prejudicial to the interest of neighbors, creates a nuisance, is (financially and otherwise) injurious to other property in the area, and is the result of the applicant's own actions. Therefore, I urge the Board to upheld its earlier decision to deny the requested variance. Sincerely, r-(!LY--"' ~ Dr. Manuel M. Martin-Rodriguez LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY, FEBRUARY 19, 2003 ONLY BILL TO: Deborah Grace The City of College Station P.O. Box 9960 College Station, TX 77842 MasterCard # 5478-9900-0018-2794 Expires March 2004 NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment will hold a public hearing to rehear and consider a rear setback variance fo r 308 Agate, lot 2 , block 5, Stone Forest Subdivision Phase II. Applicant is John McEuen. 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, March 4 , 2003 . Any request for sign interpretive services for the hearing 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 . MOLLY HITCHCOCK STAFFPLANNER ~ 02 /13 /2003 13 :4 7 FAX EAGLE NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment will hold a public hearing to ammu: and consider a rear set- back variance for 308 Agate, lot 2, block 5, Stone Forest Subdivision Phase II. Applicant is John McEuen . 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. meeting of the Board on Tuesday, March 4, 2003 . Any request for sign interpretive services for the hearing impaired must be madE! 48 hours before the meeting. To make arrangements ~all {979) 764-3547 or (TDD) 1- 800-735-2989 . 'For additional information, please contact me at (979) 764-3570 . MOLLY HITCHCOCK STAFF PLANNER :~-19-03 • I SALES SLIP SUB TOTAL TAX TOTAL [4J 001 /001 I STAFF REPORT Project Manager: Molly Hitchcock Date: December 17, 2002 Email: mhitchcock@ci.college-station.tx.us ZBA Meeting Date: January 7, 2003 APPLICANT: John McEuen REQUEST: Rear setback variance LOCATION: 308 Agate PURPOSE: To legitimize an encroachment. GENERAL INFORMATION Status of Applicant: Applicable Owner/builder Ordinance Section:Section 7: District Use Schedule-Table A PHYSICAL CHARACTERISTICS Zoning and Land Use: Frontage: Access: Topography & Vegetation: Flood Plain: The subject property and property to the north, west, and south are developing R-1 B Single Family Residential (Stone Forest Ph. 2). Property to the east is developed R-1 (Pebble Creek Ph. 5). Approximately 80 ft. of frontage on Agate. Access is via a front driveway onto Agate. The house sits slightly above the street level. The house is still under construction. Not within a floodplain. VARIANCE INFORMATION Setback Required: Setback Requested: Case Overview: Special Condition/ Hardship: Alternatives: A rear setback of 25 feet is required for R-1 B Single Family homes . A rear setback of 21 .5 feet. The site plan for the encroaching structure was submitted to the city without showing a rear setback line . The property varies in depth from 119.4 feet to 120 feet. With a 25-ft. front setback and a 73-ft. building pad, it could have been determined from the plan that the house would encroach 3 to 3.5 feet into the required rear setback . The site plan was approved in error by a building plan examiner . The house began construction according to the site plan ; thus the applicant is requesting a 3 % -foot rear setback variance . The applicant would like the Board to consider the topography , the placement of the electric box, and city staff error as special conditions (see attached application). He has listed the facts that the house is formed and the inability to get a loan on the house as hardships. Staff has identified that removal of the encroachment is the only alternative to a variance for the house to be in compliance with the Zoning Ordinance . SPECIAL INFORMATION Ordinance Intent: 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. Number of Property Owners Notified: 11 Responses Received: One person has come to the office to express his wish that the variance not be granted and one person has written a letter (enclosed) against the variance . ATTACHMENTS 1. Location Map 2. Application 3. Site Plan 4. Letter from Manuel Martin-Rodrequez MEMORANDUM February 4 , 2003 TO: Zoning Board of Adjustment FROM: Molly Hitchcock Email: mhitchcock@ci.college-station.tx.us SUBJECT: Variance for John McEuen Bldg Co. Item: Consideration of a rehearing of a variance request for 308 Agate , consisting of an encroachment of four feet into the required 25-foot rear setback. Applicant: John McEuen Item Summary: This case was originally heard and denied a variance on January 7, 2003. A motion to approve the variance failed (3-2). The applicant has not provided Staff with any additional information regarding this item. A letter was sent to Chairman Hill on behalf of the applicant , and is included with this memorandum. Draft minutes of the January 7, 2003 ZBA meeting are included in the ZBA packet. Attachments: 1. Area map 2. Application 3. Staff Report dated January 7, 2003 4. Site plan 5 . Letter from Michael Gentry dated January 9 , 2003 W ES T , W E BB , ALLBRITTO N, G ENTRY & RI FE A PROFES S I O AL CORPORATIO ATTORNEYS: STEVEN N. ALLBR ITION GERRY M . BROWN KARA S. COMTE TERRANCE D . DILL . JR. REBECCA D . EP LEN MICHAE L H . GENTRY- KRISTINE A . HALE J. STUART LOHME Y ER PAUL W . MURPHY A. BENTLEY NETILES WAYNE T . RIFE ROBERT A. SWEARINGEN SUSAN FINGER VANCE JOHN C. WEBB . JR . GAINES WEST JULIE MAY YOUNG OF COUNSEL: FR ED LO HMEYER .. VIA HAND DELIVERY Leslie Hill January 9 , 2003 Chairman, Zoning Board of Adjustment City of College Station 1101 Texas Avenue South College Station , Texas 77840 Re : Zoning Board of Adjustment ("Board ") Request for Rehearing John McEuen 308 Agate , Stone Forest Subdivision Dear Chairman Hill : 15 15 EMERALD PL AZA COLL EGE STAT ION . TEXAS 77845-1515 TELEPHONE : (979) 69 4-7000 TELECOPIER: (979) 69 4-8000 WEB SITE : http ://wwwwwagr.com ·BOARD CE RTIF IED COMM ERCI AL REAL ESTATE LA W TE XAS BOARD OF LEGAL SPECIALIZATI ON ..BOARD CERTIFIED ESTATE PLANNING AND PROBATE LA W TE XAS BOARD OF LEGAL SPECIALIZATION I have been retained by Mr. John McEuen for the purpose of requesting a rehearing of the Board 's denial of his request fo r a variance from the rear set back line on the property at 308 Agate, College Station , Texas . The Board 's decision was made on Tuesday , January 7, 2003 , and this request is being submitted for the purpose of seeking a decision on this request for a rehearing at the Board 's next regularly scheduled meeting on Tuesday, February 4 , 2003 . I understand that if granted , the rehear i ng would actually not be heard until Tuesday , March 4 , 2003. As of this date I have only had an opportunity to meet briefly with my client. It appears, however, that the Board 's decision should be overturned on rehearing. As I understand the circumstances , Mr. McEuen presented his plans in advance to the City of College Station. Those plans were approved by the City. Further, prior to pouring the foundation, the City approved the foundation framework. In reliance on reviews by the City P :\Gentry\14917 McEun\Request for Rehearing .wpd Leslie Hill January 9, 2003 Page 2 of College Station, Mr. McEuen poured the slab and began construction of a new home at 308 Agate. Mr. McEuen did not learn of the existence of the 4' encroachment into the rear setback until after framing of the house was nearly complete. Mr. McEuen did not act in bad faith, but relied (apparently to his detriment) on the inspectors and employees of the City of College Station. Evidence of the builder's good faith is seen in his agreement to dismantle an existing 6' privacy fence and construct a new 8' privacy fence at his expense . The neighbors to the south of 308 Agate have requested the 8' fence, and Mr. McEuen has agreed to their request. The Zoning Ordinance provides that an appeal of a decision of the Board must be made to a court of record within ten (10) days after the filing of the decision in the office of the Board. Although the procedural rules applicable to the Board provide for a rehearing procedure, no such procedure exists in the Zoning Ordinance itself. It is critical that my client not waive his right to appeal the decision of the Board to a court of record in Brazos County. I have consulted with Carla Robinson, an attorney employed by and representing the City of College Station. Ms. Robinson has assured me that the decision of the Board will not be filed in the office of the Board until some date after the request for rehearing has been denied, or if granted, until sometime after the Board has ruled on the rehearing itself. In reliance on the procedural rules governing the Board, and in reliance on the representations of counsel for the City, my client will refrain from filing a petition in a court of record seeking a reversal of the Board 's decision . For clarification purposes, it is my understanding that the decision of the Board concerning Mr. McEuen 's application for a variance will not be filed in the office of the Board until some date after a denial of the request for a rehearing, or if the request for rehearing is granted , until some date after the board rules on the rehearing . I respectfully request that you grant this request for a rehearing and that you reverse your prior ruling . MHG/cj P :\Gentry\14917 McEun\Request for Rehearing .wpd Leslie Hill January 9, 2003 Page 3 cc : John McEuen Carla Robinson, Esq. City of College Station 1101 Texas Avenue South College Station, Texas 77840 Kelly Templin City of College Station 1101 Texas Avenue South College Station, Texas 77840 P:\Gentry\14917 McEun\Request for Rehearing .wpd VIA FACSIMILE (936) 855-1757 VIA HAND DELIVERY VIA HAND DELIVERY DATE, TIME FA X NO ./NAME DURATION PAGE (S) RESULT MODE TRANSMISSION VER IF ICATION REP OR T 01 /27 11:17 96948000 00 :00:36 02 OK STANDARD ECM TIME : 01/27/2003 11:18 NAM E : COCS DEVELOPMENT SER FA X : 9797643496 TE L : 9797643570 SER .# : BROE2J341073 FACSIMILE COVER SHEET CITY OF COLLEGE STATION DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764-3570 I Fax (979)764-3496 Date: \ -dl-CJ -~ #of pages included cover°'---- If you did not r'~r.P.ive a complete fax, please call our office immediately for o now transmittal. Company:, ____ ~------------------- From: Q _C':ssn~Q_ Remarks: Cl Urgent D For your review D Replay ASAP D FYI I Glenn Brown -city of cs 1.doc The City of College Station City Planning Office P.O . Box 9960 1101 Texas Ave. Col l ege Station , TX 77842 To Whom It May Concern : Manue l M. Mart in-Rodr iguez 4601 Pro Ct . College Station , TX 77845 December 26 , 2002 I am in receipt of your notice of public hearing for a variance request for 308 Agate . I also ca l led your office on December 23 , 2002 to request additional information , and I was told the request was made because the builders had built beyond the rear setback line. Whi l e I am opposed to such a requ est (fo r reasons that I will detail at the hearing), my most immediate concern is to make sure that a similar situat i on does not arise in 306 Agate . I have noticed renewed activity in and around that lot , and I would not want that builder to repeat the "build no w, request permission later" sequence that seems to have taken place in 308 Agate. I am confide n t that the City has ways of monitoring new construction on 306 Agate , thus saving us all the potential headache associated with legal action. With best wishes for the year 2003 , Dr . Manuel M. Martin -Rodriguez P .S . I am most surprised to see that construction continues at 308 Agate while their request for a va ri ance is pending . Page 1 I Glenn Brown -FW: HaJJJJY. ,ti olidays + = From: To: Date: "James Massey" <jmassey@ci.college-station .tx .us> "Tom Brymer" <Tbrymer@ci.college-station .tx.us> 12/26/02 4 :26PM Subject: FW: Happy holidays + Tom , I'd appreciate if someone could contact Mr. Martin-Rodriguez regarding his concerns . I'd also appreciate any information you/your staff could offer so that I can understand the situation as he describes. Will the hearing be at ZBA or P&Z? Thanks for your help . jlm James Massey Mayor ProTem College Station, TX 77840 http://www.ci.college-station .tx.us/cbook/New_City_Council/council.htm#masse y College Station . Embracing the Past , Exploring the Future . -----Original Message----- From: mmmartinrodriguez [mailto :mmmartinrodriguez@prodigy.net] Sent: Thursday , December 26 , 2002 1 :36 PM To : jmassey@ci. college-station . tx. us Subject: Happy holidays + Hello James , I hope you and your family are enjoying the holidays ... I am attaching a letter I sent today to the Planning Office ; I am very concerned about how the development in Agate (Stone Forest) is going (right beyond our backyard fence) and , since I'll be out of town for a few days , I thought it better to express my concerns to the City before leaving .. Sorry to bother you with this , but since you have been so helpful in getting our concerns addressed , I wanted to keep you posted. Happy 20003 , Manuel CC: "Glenn Brown" <Gbrown@ci.college-station .tx .us>, <mmmartinrodriguez@prodigy.net>, "Ron Silvia" <RSilv ia@ci.college-station .tx .us> Page 1 I Molly Hitchcock -Fwd : Re : McEuen From: To: Date: Subject: Natalie Ruiz Jennifer Reeves; Kelly Templin 1 /15/03 10:40AM Fwd: Re : McEuen Is this how you want to proceed? We had planned on taking the rehearing request at their next meeting . If they agreed, we would schedule the case at their following meeting. We just didn't want to get the neighborhood stirred up again when the ZBA may not even consider the case . We can change our approach , we just need to know fairly soon so that we can send out notices . Natalie Thomas Ruiz, AICP Development Manager City of College Station Phone(979)764-3570 Fax(979)764-3496 nruiz@ci .college-station .tx .us www .ci .college-station.tx .us College Station . Embracing the Past , Exploring the Future . »>Kelly Templin 01/15/03 10 :13AM »> FYI Page 1 From: To: Date: Subject: Carla Robinson Kelly Templin 1/15/03 8:58AM Re: McEuen Kelly -I made a few minor revisions to the letter. Also , it is my understanding that the Board may hear the request for a rehearing at the next meeting and , if they decide to grant the request , hear the variance request at that same meeting as long as both are posted in the agenda. Let me know if you have any comments. Carla »>Kelly Templin 01/14/03 05 :10PM »> Carla : Just FYI, I did not get that call from gentry today . I just tried to call him and left another message . I have reworked the letter (attached). -Kelly Page 1 I 14 January 2003 Mr. Michael H. Gentry Webb, Allbritton, Gentry & Rife, PC 1515 Emerald Plaza College Station, TX 77845-1515 RE: Rehearing of Case 02-253 Continuing Construction of 308 Agate Drive Dear Mr. Gentry: I am in receipt of your letter of 9 January 2003 to the Zoning Board of Adjustment requesting a rehearing of the rear setback variance for 308 Agate. The request will be placed on the Board's next agenda. Prior to a decision on the matter of the rehearing, it is our understanding that your client intends to continue construction of the house in question. Please note that staff cannot assure your client of a favorable c-eASiaeFatteft-decision on the matter of the rehearing, or-the specifically, on the requested setback variance. If the house property is not granted a variance, it cannot meet the zoning requirements and accordingly, staff cannot issue a certificate of occupancy (C.O.). The domicile cannot legally be occupied without the issuance of the C.O. Please contact me if you have any questions. Sincerely, Kelly E. Templin, AICP Director of Development Services cc: John McEuen, McEuen Building Com213naf}ft y Carla Robinson, Assistant City Attorney The City of College Station City Planning Office P .O. Box 9960 1101 Texas Ave . College Station , TX 77842 To Whom It May Concern: Manuel M. Martin-Rodriguez 4601 Pro Ct . College Station, TX 77845 January 14, 2003 I am writing to seek information on the situation of 308 Agate. After a recent public hearing, the variance request for that property was denied. Yet there is a crew of workers laying bricks today on that house (including the non- compliant area) . I would appreciate any information you could give me on how further construction at the site is (or is not) allowed by the ruling against the variance request. Sincerely, /L-- Dr. Manuel M. Martin-Rodriguez P.S. I e-mailed Ms. Kelly Templin on Saturday Jan. 11 , 2003 with this concern, since that is when the bricklayers started working on 308 Agate. I fear my e-mail may not have been received, hence this letter. FROM Manuel M. Martin-Rodriguez FAX NO. The City of College Station City Planning Office P.O. Box 9960 1101 Texas Ave. College Station, TX 77842 To Whom It May Concern: 0000000000 Jan . 14 2003 09:12AM Pl Manuel M. Martfu-Rodr~uez 4601 Pro Ct. College Station, TX 77845 January 14, 2003 I am writing to seek information on the situation of 308 Agate. After a recent public hearing, the variance request for that property was denied. Yet there is a crew of workers laying bricks today on that house (including the non- compliant area) . I would appreciate any information you could give me on how further construction at the site is (or is not) allowed by the ruling against the variance request. Si;:y, h, (____ l---._ Dr. Manuel M. Martin-Rodriguez P.S. I e-mailed Ms. Kelly Templin on Saturday Jan. 11, 2003 with this concern, since that is when the bricklayers started working on 308 Agate. I fear my e-mail may not have been received, hence this letter. LAW OFFICES I j I File#: _____ , WEST, WEBB , ALLBRITTON & GENTRY, P.C. Return To: c j ones of College Station . From The Office Of: Michael H. Gentry -.,,.------.....,...,,------~------------,-,.--,--------- 1/9/03 re Request for Rehearing WEST, WEBB , ALLBRITTO , GE TRY & RIF E A PROFESS I O AL CORPORAT I O ATTORNEYS: STEVEN N. ALLBRITION GERRY M. BROWN KARAS . COM T E TERRANCE D . DILL , JR . REBECCA D . EPLEN MICHAEL H. GENTRY' KRISTINE A . HALE J . STUART LOHMEY ER PAUL W . MURPHY A. BENTLEY NETILES WAYNE T . RIFE ROBERT A. SWEARINGEN SUSAN FINGER VANCE JOHN C. WEB B, JR. GAINES W EST JULI E MAY YOUNG OF COUNSEL: FRED LOHMEYER .. VIA HAND DELIVERY Leslie Hill January 9 , 2003 Chairman, Zoning Board of Adjustment City of College Station 1101 Texas Avenue South College Station, Texas 77840 Re: Zoning Board of Adjustment ("Board ") Request for Rehearing John McEuen 308 Agate, Stone Forest Subdivision Dear Chairman Hill: 1515 EMERALD PLAZA COLL EGE STATION . TEXAS 77845-1515 TE LEPH ONE · (979) 69 4-7000 TELECOPIER: (9 79) 69 4-8000 W EB SITE : http ://www .wwag r.com 'BOARD CERTI FIED COMM ERCIAL REAL ESTATE LAW TEXAS BOARD OF LEGAL SPECIALIZATION .. BOARD CERTIFIED ESTATE PLANNING AND PROBATE LAW TE XA S BOARD OF LEGAL SPECIALIZATI ON I have been retained by Mr. John McEuen forthe purpose of requesting a rehearing of the Board 's denial of his :-equest for a v ariance from the rear set ba c k line on the property at 308 Agate, College Station , Texas. The Board 's decision was made on Tuesday , January 7 , 2003 , and this request is being submitted for the purpose of seeking a decision on this request for a rehearing at the Board 's next regularly scheduled meeting on Tuesday, February 4 , 2003. I understand that if granted , the rehearing would actually not be heard until Tuesday , March 4, 2003. As of this date I have only had an opportunity to meet briefly with my client. It appears, however, that the Board 's decision should be overturned on rehearing . As I understand the circumstances, Mr. McEuen presented his plans in advance to the City of College Station. Those plans were approved by the City . Further , prior to pouring the foundation, the City approved the foundation framework. In reliance on reviews by the City P :\Gentry\ 14917 McEun \Request for Rehearing .wp d Leslie Hill January 9 , 2003 Page 2 of College Station , Mr. McEuen poured the slab and began construction of a new home at 308 Agate. Mr. McEuen did not learn of the existence of the 4' encroachment into the rear setback until after framing of the house was nearly complete . Mr . McEuen did not act in bad faith, but relied (apparently to his detriment) on the inspectors and employees of the City of College Station. Evidence of the builder's good faith is seen in his agreement to dismantle an existing 6' privacy fence and construct a new 8' privacy fence at his expense. The neighbors to the south of 308 Agate have requested the 8' fence , and Mr. McEuen has agreed to their request. The Zoning Ordinance provides that an appeal of a decision of the Board must be made to a court of record within ten (10) days after the filing of the decision in the office of the Board. Although the procedural rules applicable to the Board provide for a rehearing procedure, no such procedure exists in the Zoning Ordinance itself. It is critical that my client not waive his right to appeal the decision of the Board to a court of record in Brazos County. I have consulted with Carla Robinson, an attorney employed by and representing the City of College Station . Ms. Robinson has assured me that the decision of the Board will not be filed in the office of the Board until some date after the request for rehearing has been denied, or if granted , until sometime after the Board has ruled on the rehearing itself. In reliance on the procedural rules governing the Board, and in reliance on the representations of counsel for the City, my client will refrain from filing a petition in a court of record seeking a reversal of the Board 's decision . For clarification purposes, it is my understanding that the decision of the Board concerning Mr. McEuen 's application for a variance will not be filed in the office of the Board until some date after a denial of the request for a rehearing, o r if the request fo r rehearing is grante d, until some date after th e board rules on the rehearing . I respectfully request that you grant this request for a rehearing and that you reverse your prior ruling . MHG/cj P :\Gentry\14917 McEun\Requ e st for Rehearing .wpd Leslie Hill January 9 , 2003 Page 3 cc : John McEuen Carla Robinson, Esq . City of College Station 1101 Texas Avenue South College Station, Texas 77840 Kelly Templin City of College Station 1101 Texas Avenue South College Station, Texas 77840 P :\Ge ntry \149 17 Mc Eun \Requ est fo r Re hea ring .wpd VIA FACSIMILE (936) 855-1757 VIA HAND DELIVERY VIA HAND DELIVERY The City of College Station City Planning Office P.O. Box 9960 1101 Texas Ave. College Station, TX 77842 To Whom It May Concern: Manuel M. Martfu-Rodr~uez 4601 Pro Ct. College Station, TX 77845 December 26, 2002 I am in receipt of your notice of public hearing for a variance request for 308 Agate. I also called your office on December 23, 2002 to request additional information, and I was told the request was made because the builders had built beyond the rear setback line. While I am opposed to such a request (for reasons that I will detail at the hearing), my most immediate concern is to make sure that a similar situation does not arise in 306 Agate. I have noticed renewed activity in and around that lot, and I would not want that builder to repeat the "build now, request permission later" sequence that seems to have taken place in 308 Agate. I am confident that the City has ways of monitoring new construction on 306 Agate, thus saving us all the potential headache associated with legal action. With best wishes for the year 2003, r-tll-~ ~ '-L Dr. Manuel M. Martin-Rodriguez P.S. I am most surprised to see that construction continues at 308 Agate while their request for a variance is pending. Name and Address of Sender 62·DG CITY OF COLLEGE STATION P.O Box 9960 GeHege-St t' ·-._, --~- Line! aie,,, '" , , .., ·- Article Number OHNSON INVESTMENTS INC J PO c BOX800 OLEMAN, TX 76834-0800 FORD, JEFFERY E & MARGARET 1 GIF 460 COL 1 BIRDIE CT LEGE STATION, TX 77845-4418 SON, VIC.KIL 3 BIRDIE CT GIB 460 COL LEGE STATION, TX 77845-4418 :JLA ~600 :::OL SS, DALE & GINGER BIRDIECT LEGE STATION, TX 77845-4418 SON, MATTHEW C & DIONE 1.J"EL i602 COL BIRDIECT LEGE STATION, TX 77845-4418 lART IRG )01 p IN-RODRIGUEZ, MANUEL M & INIA M ADAN-LIF ANTE ROCT EGE STATION, TX 77845-4419 OLL 1s i Total Number of Pieces T~~-" "'W" Roo•w ' 'l;)' -------\. Check type of mail O/' service: Affix Stamp Here ~~ -~~Ti:;.,.-' ... (If issued as a * D Certified D -· Recorded Delivery (International) certificate of mailing, ~~ : 0 COD D Registered or for additional D Delivery Confirmation D Return Receipt for Merchandise copies of this bill) I~ DEC 2 O'O 2 ~Ii~ : 1 .8 0 = * * D Express Mail D Signature Confirmation Postmark and * D Insured Date of Receiot * PB""'n" * Addressee Name , Street , and PO Address Handling Aci * Postage Fee Charge if F Y'tr: 7121218 U.8. POSTAGE * .._. * ----~ .. --. 13l> ·3D I . ?J) ~!:'... >-~ .... -~'1J .v::. 'VJ .'(;... > -DEC :.~ ·-Ill -(,) .... ~- J'~, 20 .. m -cu ,3D 1: l c c Q a: "/"\--,.. ·-""' ,, '. '-_~ i ·-"O a> -.. .. ns c .. :::s ~--c ~~ ,..., (,) .... ' :!:J:> ...,~y o-:c a;;. Ill ·-.. ... a: .. ·-Ill ~ .... -t--.. .:.: -0 u a: .. (.) ·-ell Y) c 4) ~ ' ~ .. en _:::s .. >-('II .. c ; .~· ·-en -Q Postmaster, Per (Name of receiving employee) The full declaration of value is required on a I domestic and international registered mail. The maximum indemnity payable for the ~ reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to additional limitations for multiple pieces lost or damages in a single ca ta strophic occurrence . The maximum indemnity payable on Express Mail merchandise insurance is $500, but optional Express Mail Service merchandise insurance is available for up to $5,000 to some , but not all countries . The maximum indemnity payable is $25 ,000 for registered mail. See Domestic Mail Manual A900 , S913 , and S921 for limitations of coverage on insured and COD mail. See International Mail Manual for lim itations of coveraae on international mail. Soecial handlina charaes aoolv onlv to Standard Mail (Al and Standard Ma il (Bl oarcels. "---•-•-...... T··--··••• .+ .... lnl,, ,... Dall D .... ant Dan .. ( :1 .... « ~ ,.~ ~· J: qfc-DG ciTV~reod.~~ESTATION P.O. Box 9960 College Station, TX 77842 ,. _ _I A ..6:-1,... 11.1 ,,..,.i.,.,..,., LLS, NEWTON L & MARILYN R WE 46 co 04 BIRDIE CT LLEGE STATIO N, TX 77845-4418 TH, C SCOTT & S KATHLEEN SMI i603 COL PRO CT LEGE STATION, TX 77845-4419 DEVINE 4600 COL , JOHN T & MARGARET A PRO CT LEGE STATION, TX 77845-4419 Y, GEO RGE W & KAREN J RAD i05P OLL ROCT EGE STATION, TX 77845-4419 H , CHARLES A & ST ACEY L lUG ·602 ~OLL PRO CT EGE STATION, TX 77845-4419 12 13 14 15 Total Number of Pieces Total Numbe~ces lli'"~' "~??) ------ Check type of mail OI' service: Affix Stamp Here ==-~-2~~1'-' 'I fi (If issued as a * D Certified D ~ ~ E S 7 ~"-'-' ~ -· Recorded Delivery (International) certificate of mailing, ~ ~ (t * 0 C O D D Registered or for additional ..., ,, ~ ~ .. D Delivery Confirmation D Return Recei pt for Merchandise copies of this bill) 0 0 'l'i' - 1.5 0 = .. ~" nr. 2 O'O 2 "'I r~ -* D Express Mail D Signature Confirmation Postmark and -* D Insured Da te of Receio t * PBMETIR * Arlrlr••••• N•me, Street, and PO Address Postage Fee H a ndling Act1 * Charge if R1 ?1l 7121218 ll.8. POSTAGE * * . ' - .36 ~ ---·- \ ?:b 36 ::.. ' ~ .... ---~~ > --(I) J ''-.ii I"\ .. -u ~- :1 :J' . -.. '71 -QI 30 ~ f\ ' Q !j) c c a: ' ·~-' ,.. ·-"" '·~:"1 1 l/ ·-"D (I) -~ ' .... .. ~ c .... :I ~ . c -;; ... tJ .... . 3{> -~· o-:c -a;; (I) ·-.. ... a: 4r: ::: -en E .. .:: -0 u a: .. 0 ·-ell c (I) a. 0 .. U) .~ :J -.... :::.. rJ .. c > .:::· ·-U) -a Postmaster, Per (Name of receiving employee) The full declaration of value is required on a I domestic and international reg istered ma il. The maximum in demn ity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruct io n insurance is $500 per piece subject to ~~ additional limitations for multiple pieces lost or damages in a single catastroph ic occurrence . The maximum indemnity payable on Express Mai l merchandise insurance is $500 , but optional Express Mail Service merchandise insurance is available for up to $5 ,000 to some , but not all countries. The maximum indemnity payable is $25,000 for registered ma il. See Domestic Mail Manual R900, S913 , and S921 for limitations of coverage on insured and COD ma il. See Internatio nal Ma il Manuallor li mitatio ns of coveraoe on international ma il. Special handling charges app ly only to Standard Mail (A) and Standard Mail (B\ oarcel•. r---1-+e h,, T u "'""'._.,.,; +n• 1 ... a,. ,..., ADii Dn1nt Don FROM Manuel M. Martin-Rodriguez FRX NO. The City of College Station City Planning Office P.O. Box 9960 1101 Texas Ave. College Station, TX 77842 FAX: 7 64-34 96 To Whom It May Concern: 0000000000 Mar. 03 2003 12:17PM Pl Manuel M. Martin-Rodriguez 4601 Pro Ct. College Station, TX 77845 March 3, 2003 A professional commitment will not allow me to attend the Public Re-Hearing on March 4, 2003 (re: variance request for 308 Agate) . Therefore, I am writing to you with the request that copies of this letter are distributed to the Board members so that my voice and opinions in this matter can be heard. I continue to oppose the variance request for reasons I already stated at the first hearing and I will detail below. At the first hearing, Mr. McEuen claimed that he made an honest mistake when he started building beyond the limits allowed by City ordinances. He also claimed that the City of College Station had ruade some mistakes in considering his case. My point in this regard is simple: there is no reason why homeowners in the vicinity of Mr. McEuen's property should pay for his (or anybody else's) mistakes. Every realtor and homeowner I have talked to about this issue coincides in concluding that neighboring properties will suffer financially if such a variance is granted. The value of our homes will be adversely affected, and we will loose money when it comP-s to selling our homes. FROM Manuel M. Martin-Rodriguez rnx NO. 0000000000 Mar. 03 2003 12:17PM P2 T o this, one needs to add the negative effects on privacy that 308 Agate's current non-compliant setback entails for surrounding properties, including increased noise and lightning. The taller fence that has been built on that property's limit with a Pebble Creek home may mitigate some of those effects, but it will certainly not solve the problem nor the financial consequences indicated above; moreover, as the fence gets old, it will become a rather unattractive sight at its current height. This would be most noticeable for any potential buyers interested in my property in the future. If I understand City ordinances properly, variances should not be granted in any of the following cases: 1) if the variance is prejudicial to the public interest, 2) if the possibility of a nuisance is created, 3)if it is injurious to other property in the area, 4) if the non-compliant aspect is the result of the applicant's own actions. For those reasons indicated above, it is my belief that 308 Agate {as built) is prejudicial to the inteceBt of neighbors, creates a nuisance, is (financially and otherwise) injurious to other property in the area, and is the result of the applicant's own actions. Therefore, I urge the Board to upheld its earlier decision to deny the requested variance. Sincerely, r---tl'lY-" ~ Dr. Manuel M. Martin~Rodriguez MEMORANDUM March 4, 2003 TO: Zoning Board of Adjustment FROM: Molly Hitchcock, Staff Planner Email: mhitchcock@ci .college-station. tx.us SUBJECT: Rehearing of a variance request for 308 Agate Item: Consideration of a variance request for 308 Agate, consisting of an encroachment of four feet into the required 25-foot rear setback. Applicant: John McEuen of John McEuen Building Co. Item Summary: At their regular February meeting, the ZBA agreed to rehear the rear setback variance request for 308 Agate. The original staff report, application, and site plan, as well as ZBA minutes from January and February are enclosed. Item Background: This case was originally heard and denied a variance on January 7, 2003. A motion to approve the variance failed (3-2). On February 4, 2003, the ZBA agreed to rehear the case (4-0). Attachments: 1. Area map 2. Application 3. Staff report dated January 7, 2003 4. Site plan 5. Minutes from the January 7, 2003 ZBA meeting C-1 A-0 C-1 City of College Station, Texas DEVELOPMENT REVIEW 308 AGATE Loi 1 Loi 2 I Case: 02-253 . f 11 /27 /2002 17 : 09 /9 7 975 4 34 % L ll-"' 'I'"") DATESUBMI TI'ED ; C UC~ U t. V t.L Ut-'l"lt.N I ::>c:.ro; ' ~W' COlLIGl ~ll\llOS ARD OF ADJ .:c.JSTMENT APPLICATION . 6.V'-MINIMUM SUBMIITAL REQUIREMENT~: L iilin\ Fee of $150 .00 . _.../_A AI"plication completed in full . ..:::::::.. Addit ional mate.rials may be req uire d of the applicant such as site plans, elevati on drawi ngs, sig n de tails and floor plans. The Zoning Official shall inform the a lica nt of any extra material s required. PROPERTY OWNER'S INFORMATION : Name ~od.x, P!£!Wz,_ Mailing Addr: P-0 ~ J~ elf g ;./ <j swe _rx zip code 7 7 3"7 7 Ci ty ~·· E-Ma il Address ___________ _ Phone Number 9 3 & !?'° -S-j --J 7 :;,-6 Fax Number 9 3 t' g'°:S-S-17..57 LOCATION OF PROPERTY : Address 3 CJ f' ~ Lot 2.i Block S Subdivision · J t;Y;L ~ De~cripti on i.f ther~ i" no Lot, Block and Subdivision Action Requested : (Circle One) ®Fack yaria~ Parkin& V ariancc S ign Varianc e Appeal of Zoning Official's Interpre ta tion Special Exceptio n Othei ____________ _ Current Zoning of Subject Property +PP D H , Appl icable Ordir:iance Sec ti on OIJNtll\AL V MIANC6 RBQ V6ST Octivar .doc l 2/1()(200 I ~~QA\W--\v C))1\_+act 6{; fu ~ U~iJ~ I ~-w l o f2 t .~ ~-·. ( " ') I i '··" .. : ,,.,.., ...... \ ' t' , .. \,. l• ll !L l lL ~~L l t :~~ GENERAL VARIANCE REQUEST This variance is necessary ciue to the fo ll ow ing spec ial conditions: Special Condition Definition: To justify a variance, the diftlcul!y muse be due co unique c i rcumsk"lm::c~ im·olving tile particular property . The un.ique circumstances mus t be related to a physical characteristic of the property itself, not to the owner's perconal situatio n . This is because reg1.rdle~s of owne.rship , the. vM"ianc.e will nm with th!'.'. land . Example: A creek bisecting a lot, a smaller bui\dable area than is seen on surrounding lots , specimen trees . Note: A cu l-de-sac is a standard street layout in College Station . The shape of standard cu l-de-sac lots are generally not special cond itions . Ck ~ The unnecessary hardship (s ) involved by mc eling u1e }Jr vvbiuul! uf Ll1r; ordinan ce otl1er tltanfinancial hardship is/are; Hardship Definition: The inability to make reasonable use of the pr ope.rty 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 reduct ion of the buildable area on the lot , when compa~ed to neighboring properties . The fol wing alternatives to the requested variance are possible : tJ This variance will not be eontrary to the public interes t by virtue of the follow ing facts : !):£ ~Ju ':J h (Lc 6,,J~k-~ _ .------ tf;!/f:(!;L '~~ The applicant has prepared this applicaJ.icm and certifies that the facts stated herei11 and exhibits attached hereto are true, correct and complete . Sign~ T~ &u.,. (5}_,.,.,...,_,- r.P.NBRAL V AIUANCE REOUE..'iT Qcnva.t.clcx: 12/10/'lOOI Date 11 I I k1 ~ I 2 of2 Attachment: Special Condition Definition This property was built-up with soil from the street during completion of the final development stages of the subdivision. It gave the appearance of a building pad which encompassed approximately 73 feet. At the back of the pad there was a 3 to 4 foot drop off which formed a gull y . In addition, the electrical box was in the gully; which led us to believe that the approximate 20 ' gully was the back easement of the property. The subdivision plat did not indicate the required footage for back easement. A plot plan was attached to our proposed house plan which was submitted to the Permit Department of the City of College Station. The Permit Department subsequently approved the plans and issued a permit to build it the exact way the house is presently situated. An inspector for the City of College Station approved the foundation and "green tagged" it. After several weeks, and during the framing process , an inspector for the City of College Station said that we have encroached into the back easement. We build a quality home and have abided by all rules and specifications as provided to us by the City of College Station. We plan to build many more quality homes in Stone Forest and the surrounding subdivisions . We would appreciate any assistance and consideration you can give us in this matter. It is apparent that misleading and faulty information have caused us an unnecessary burden in our endeavor to build our frrst of many homes in your city. Thanking you in advance for your consideration. Sincerely, JohnMcEuen I -' -I • I I IOG> '(-"a r I .. ,... .. "° ·"='r~ 1 1~ '" I ,- i O I - I I I I ...,. "'V ,....I '7 ~~•:;. ! . --__i.. .,.Q ir-..Z !---+==:-~ _,___ ----·--,-._ I ~'-1 9 .,.l. I I Y,.f, ' 1<1 'J 'l. J I I ,- 1, ef ' I I I ~ I ) 1 11 "='·,1.1 I I ~ I I ~ 11 11_ ' ' - I -.. I + .. ' I -.. I . I I : I I I I I I I I .. I I I I I I I T """'' I 09 -~ FACSIMILE COVER SHEET CITY OF COLLEGE STATION DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764-3570 I Fax (979)764-3496 Oat ~~--\:)~ #of pages included cover-~--- If you did not receive complete fax, please call our office immediately for a new transmittal. To:\\\,\~ Fax: CM\\:-~()\)() Company: _____________________ _ From \) ~0__<_ Phone: --------- Company: __ ---'C;::..;.i"""'"ty-'o"""'""f-"'C'-=o...:..:..l le=..;g--=e:;.._S=-t~a""'"tio;::..;.n-'--__________ _ Remarks: D Urgent D For your review D Replay ASAP D FYI DATE, TIME FAX NO ./NAME DURATION PAGE(S) RESULT MODE TRANSMISSION VERIFICATION REPORT 02/27 10:49 95948000 00 :00 :33 02 OK STANDARD ECM TIME : 02 /27/2003 10:50 NAME : COCS DEVELOPMENT SER FA X : 9797543495 TEL : 9797543570 SER .# : BROE 2J341073 FACSIMILE COVER SHEET CITY OF COLLEGE STATION DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764-3570 I Fax (979)764-3496 Data~\--()~ # of pages included cover ........-'~=--· -~ If you did not receive complete fax, please call our ottice immediately for a new transmittal, To:\n.\$ )e_. Fax : ~1-~'D'C:)() Company:~~~-~~~-~~--~~-~~~-~~------ From $~Q.£ Company: ______ C=-i~ty""""'o-.,;..f_;::C::...;::o'"""ll-=--eg'"""e"-S=-t=a=.:.ti.;::..:on..,_ ______ ~--~- Remarks: D Urgent D For your review D Replay ASAP D FYI Name and Address of Sender 62-DG CITY OF COLLEGE STATION P.0 Box 9960 ~ffege-Statioo,-+X----+7-~A ~ .'.:'.'.'.j _ Article Number 1 JOHNSON INVESTMENTS INC POBOX800 2 COLEMAN, TX 768340800 - 3 GIBSON, VICKI L -4603 BIRDIE CT 4 COLLEGE STATION, TX778454418 - 5 NELSON, MATTIIEW C & DIONE 4602 BIRD.IE CT - 6 COLLEGE STATION, TX 778454418 - 7 WELLS, NEWTON L & MARILYN R 4604 BIRDIE CT - 8 COLLEGE STATION, TX 778454418 - 9 DEVINE, JOHN T & MARGARET A -4600PROCT 10 COLLEGE STATION, TX 778454419 - 1 · RUGH, CHARLES A & STACEY L 4602PROCT - 1: COLLEGE STATION, TX778454419 - Check type of ma il or service : D Ce rtified 0 COD D Deliv ery C onfirmatio n D Exp ress Mail D Insured D Recorded D e livery (International) D Reg istered D Return Rec eipt fo r M e rcha ndise D Si g nature Confirmation Addressee Name, Str eet, and PO Add ress Postag e Od-~~ . ?;6 a~~c:s::, •60 ~ ... :~cs~ ~--~cs~ I C)~--d.CS~ Affix Stamp Here (If issued as a certifica te of m ailing, or for additional cop ies of th is b ill) Postmark and Date of Rec eint Fee Handling Charge Actual ' if Regis ~ ~ ~-2 ' ..::C·.="" ~-~~·· .... ., E & 1fr...., - -* ..., ""' ~ i.i * re-0 J~~~ -"'·1 0 - : i~ f E~ 1 9'0 5 z ~~ . : r. • : : 't ,, --G~ ~ ~v~ • PBMEnR * 7121218 U.&. POSTAGE ! ~' ~C'." >- ~ ~ ~ '~ --> G.I --·~ ·--(J ~- .......... ~ en Q iii -c c EC ~ ·-.,.. ·-"C Cl) -.... .. ~ c .. ::s c -,.. (,) .... o--ii,; :c .. 4> ·-.. .... EC .. :: Cl) ft! - E .. :: -0 CJ EC .. 0 ·-t'~ c 4> Q. 0 .. (/) _:s 1: GIFFORD, JEFFERY E & MARGARET J ·~ .. >-~ -4601 BIRDIE CT o~CS?> 14 COLLEGE STATION, TX778454418 - 15 Tota, . ~-................ '""'""°.;:» , u u 1 0 "u 111u"' 01 t"1eces Postmaster, Per (Name of rece1vmg employee) ~o•wdo<P~ f) ~ Listed by Sende r \ .. c lol ~; > ·-U) -w The full de clara ti on of valu e is re quired on a I domes tic an d international reg is tere d mail. The maxim um indemnity payable for the recons t ruc tio n of nonn egotia ble doc uments under Express Mail docume nt recons tr uction insurance is $500 per piece subject to add itional li mitatio ns for multip le pieces lost or damages in a si ngle catastrophic occurrence. The maximum indemnity payable on Expr ess Mail merc han dise insurance is $500, bu t optional Express Mail Service merchandise insurance is available for up to $5,00 0 to some , but no t all count ries. The maxi mum indemnity payable Is $25,000 for registered mail. See Domestic Mail Manual A90 0 , S91 3, and S9 21 for li mitatio ns of cove rage on insure d and CO D mail. See International Mail Manua/lor limitations of coverao e on intern ational mail. Sp ecial hand li ng charges apply only to Standard Mail (A ) and Standard Mail (B) parcels. PS Form 3877, August 2000 Complete by Typewriter, Ink, or Ball Point Pen I ( ·-- Name and Address of Sender Check type of mail or service : Affix Stamp Here 62-DG (If issued as a ~ :iS ~2.¢::"-' * CITY OF COLLEGE STATION D Certified D Recorded Deliv e ry (I nte rnational ) certificate of mailing, .. ~~ 1.-= -· 0 COD D Registered or for additional • P.O. Box 9960 D Delive ry Co nfi rmatio n D Return Rec ei pt for Merchandise copies o f th is bill) ·~o o,~,t • -• D Express Mai l D Signature Confi rmation Postmark and ~ FD t 9'0 3 2 ~ = 1 2 0 -* Co llege stat1 0 n TX 7784 2 D Insured Date of Receiot -• • Linel Handli ng Actu PB METER * Artic le Number Addressee Nam e, Stre et, an d PO Addres s Postage Fee Charge if Re • -GLASS , DALE & GINGER ... 7121218 U.&. POSTAGE * -• 4600 BIRDIE CT ~..dS~ '?]:) - COLLEGE STATION, TX 778454418 • I MARTIN -RODRIGUEZ , MANUEL M & ·?P VIRGINIA M ADAN-LIF ANTE t:>d.~S~ 4601 PRO CT COLLEGE STATION, TX778454419 SMITH, C SCOTT & SKA TIILEEN .~ -4603 PRO CT ~,~J=-~;~ - 6 ~ Q_N,~ ~ COLLEGE STATION, TX778454419 ... .... .. ~ - BRADY, GEORGE W & KAREN J .3'6 '-lit~< ~O\ \' > ,;;;' 7 ~~~ 1rf:'! ~ ·-G> 4605PROCT "'!" (.) -I~~ ~~~ Q (:,) al 8 COLLEGE STATION, TX 778454419 \0 '!5S e, c c l:C l"I ·-.... - '':' ~ . ·--.... ,, Cl) ... 9 ns c .... ::a ...... c -~ -u --o-'ii,;, Cl) . ::c 10 ·-.. .... l:C .... ·-Ch m .... -E--.. .:.:: -11 0 u l:C -0 ·-41 c Cl) a. 12 0 ... en ·~ :s -.... 13 ~ " .. c 14 > .:::· ·-"' - 15 Q Total Number of Pieces , . .,'"-'"Y Postmaster, Per (Name of receiving e ployee) The full declarati on of valu e is requ ired on a I dom estic and int ernat ional re gist ered mail. Th e maxim um ind emnity payable for the Listed by Sender ,~,..,"' j o•«• re constructio n of non negoti able docu me nts under Express Ma il document recons truction insurance is $500 per piece subject to "\ add iti ona l li mitations for multi ple pieces lost or dama ges in a sing le ca tastrophic occ urre nce . The maximum indem nity payable /; on Express Mail merchan dise insurance is $500, bu t op tional Express Mail Service merchandise insurance is available for up to $5,00 0 to so me, bu t not all co untries. The maxi mum ind emnity paya ble is $25 ,000 for registered mail. See Domestic Mail Manu al R90 0, S91 3, and S921 for limitatio ns of coverag e on insured and COD mail. See International Mail Manual for lim itat ion s of coverag e on inte rnat io nal ma il. Sp eci al hand ll na char aes aool v onl v to Standa rd Mai l I A\ and Sta ndard Mail (8 \ oarcel•. v ~ PS Form 3877, August 2000 I Complete by Typewriter, Ink, or Ball Point Pen .. February 19 , 2003 TO WHOM IT MAY CONCERN: Re: Variance request for 308 Agate (REHEARING) 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: JOHN MCEUEN Subject Property: 308 Agate (See attached location map.) Proposed Variance: Rear Setback The Zoning Board of Adjustment will hold a public hearing on Tuesday, March 4, 2003 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 (979) 764-3547 or (TDD) 1-800-735- 2989 . For additional information, contact the City Planning Office, (979) 764-3570 . MOLLY IIlTCHCOCK STAFF PLANNER 30 8 Agate January 7 , 2003 ~A '•)(~ INTRODUCTION Good evening, I am Jennifer Reeves Staff Planner Slide 1 (Title) BACKGROUND The applicant is requesting a setback variance of three & half ft. to the rear setback at 308 Agate to legitimize a error made during construction . Slide 2 (SAM) The subject property is located in Phase II of the Stone Forest Subdivision. This is in an Rl-B Single Family Residential Zoning District. Slide 3 (Picture of front of house) According to the City of College Station Zoning Ordinance, property in an Rl-B zoning district is required to have a minimum rear building setback of 25-ft. The rear portion of the house would encroach three & half ft. in to the rear setback. CASE OVERVIEW Slide 4 (Survey) This case involves an error made by the builder in establishing the rear 25-ft. setback. L . • \ _ \ 0 ~ \ , ~ / • '\ \_ ~ n .AG ~~ on fl .,5 App ltc.A'""\1..~ .)(1')1.1)-;J Yt~ 6 ·/oer The appficant would like the Board to con ~ider the topography, the placement of the electric box , as well as city staffs~'t{y not pointing out on his survey that he had an encroachment as special conditions. He has listed the fact that the house is framed and the inability to get a loan on the house as hardship't. Alternatives: Staff has identified that removal of the encroachment is the only alternative to a variance for the house to be in compliance with the Zoning Ordinance. ORDINANCE INTENT Slide 5 (Picture of Rear of the house) 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 health , safety and welfare. RESPONES -One person has come to the office to express his wish that the variance not be granted and one person has written a letter which you should have a copy of, that is against the variance. Slide 6 (Survey Again) -I would like to remind the board that reviewing the survey is a service that staff provides to our customers and from time to time we may not catch everything, however the builder ultimately has the responsibility of making sure that he meets all codes and ordinances. The City of College Station City Planning Office P.O. Box 9960 1101 Texas Ave. College Station, TX 77842 To Whom It May Concern: Manuel M. Martfu-Rodr~uez 4601 Pro Ct. College Station, TX 77845 December 26, 2002 I am in receipt of your notice of public hearing for a variance request for 308 Agate. I also called your office on December 23, 2002 to request additional information, and I was told the request was made because the builders had built beyond the rear setback line. While I am opposed to such a request (for reasons that I will detail at the hearing), my most immediate concern is to make sure that a similar situation does not arise in 306 Agate. I have noticed renewed activity in and around that lot, and I would not want that builder to repeat the "build now, request permission later" sequence that seems to have taken place in 308 Agate. I am confident that the City has ways of monitoring new construction on 306 Agate, thus saving us all the potential headache associated with legal action. With best wishes for the year 2003, Y--IL~k~ Dr. Manuel M. Martin-Rodriguez P.S. I am most surprised to see that construction continues at 308 Agate while their request for a variance is pending. DATE, TIME FAX NO ./NAM E DURA TION PAG E(S) RESU LT MODE TRA NSMI SS I ON VERI FI CA TI ON REPORT TI ME NA ME FAX TEL SER.# 01/03 1 3 :45 993585 51 7 57 --152 00 :01 :38 03 OK STANDAR D Agenda Zoriing Board of Adjustment CITY OF COLLEGE STATION, TEXAS College Sution City Hall Council Chambers 1.101 Texas Avenue January 7, 2003 6:00 P.M. l . Call t o order -Explanat ion of functions of the Board. 01/03 /2003 1 3 :45 COCS DEVELO PMEN T SER 97975434% 9797543570 BR OE 2J341073 2. Consideration, discussion and possib1e action of absence request from meet ing . 3 . Consideration, discussion an.ct possible action to approve meeting minutes from November 5, 2002. 4 . Consideration, discussion and possible action on a rear setback variance at 308 Agate, lot 2, h1nck 5, Stone Forest Subdivision . Applicant is John McEuen. (02-253). 5. Consideration, discussion and possible action regarding the taking of minutes for the Zoning Board of Adjustment. 6 . Consideration, discussio n and possible action. on future agenda items . 7. Adjourn . TO: FROM: DATE: File 02-253 CITY OF COLLEGE STATION DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979) 764-3570 I Fax (979) 764-3496 MEMORANDUM Molly Hitchcock , Staff Planner December 31 , 2002 SUBJECT: parcel history Annexed: October 13 , 1983 Rezoned A-0 to C-1: November 13 , 1986 Rezoned C-1 to R-18 : September 14, 2000 Master Prel iminary Platted: September 21, 2000 Final Platted: March 1, 2001 i1E e11y TempJLr) -Varaince Re~est for 308 Agate From: To: Date: Subject: Kelly Templin mmmartinrodriguez@prodigy.net] 12/30/02 4 :41 PM Varaince Request for 308 Agate Dr. Martin-Rodriguez: Glenn Brown forwarded a copy of the email that you sent to Mayor Pro Tern Massey. This office is also in receipt of your letter of 26 December. The builder did indeed build beyond the permissible rear yard setback of 25 feet and that is the subject of the variance request. The Zoning Board of Adjustment (ZBA) will have to find that adherence to the setback amounts to a hardship on the applicant in order to grant a variance . The burden of establishing a hardship falls to the applicant. As for the establishment of a precedent for use on other lots (e .g ., 306 Agate), the Board is not bound by any previous decisions. I like to tell Zoning Boards that they do not set precedents . While properties may appear similar, no two sets of circumstances are identical. The situation on 308 may have been complicated by the fact that this is that builder's first home in College Station. But that is hardly grounds for a variance . Builders are not fond of having to request variances as the process is expensive and a denial may lead to expensive demolition. Out of the 709 single-family homes permitted in College Station through the first 11 months of this year, this is only the second such instance that comes to mind . As for the continuing construction on the site , builders are allowed to continue at their own risk . Mr. McEuen , the builder, has expressed great concerned about his application . Please let me know if I can answer any questions . -Kelly Templin CC: Glenn Brown ; Jennifer Reeves ; Lance Simms ; Molly Hitchcock; Natalie Ruiz Page 1 I JOHNSON INVESTMENTS INC / POBOX800 COLEMAN, TX 768340800 GIBSON, VICKI L 4603 BIRDIE CT COLLEGE STATION, TX 778454418 NELSON, MATTHEW C & DIONE 4602 BIRDIE CT COLLEGE STATION, TX778454418 WELLS , NEWTON L & MARILYN R 4604 BIRDIE CT COLLEGE STATION, TX 778454418 DEVINE, JOHN T & MARGARET A 4600PROCT COLLEGE STATION, TX 778454419 RUGH, CHARLES A & STACEY L 4602PROCT COLLEGE STATION, TX 778454419 v / GIFFORD, JEFFERY E & MARGARET J 4601 BIRDIE CT COLLEGE STATION, TX778454418 GLASS , DALE & GINGER 4600 BIRDIE CT COLLEGE STATION, TX 778454418 MARTIN-RODRIGUEZ, MANUEL M &/ VIRGINIA M ADAN-LIF ANTE 4601 PRO CT COLLEGE STATION, TX778454419 SMITH, c scarr & s KATHLEEN 4603 PRO CT COLLEGE STATION, TX 778454419 BRADY, GEORGE W & KAREN J / 4605PROCT v COLLEGE ST A TION, TX 778454419 NOTICE OF PUl3LIC HEARING: The College Station Zoning Board of Adjustment will · hold a public hearing to consider a rear setback var- iance for 308 Agate, lot 2, block 5, Stone Forest Subdi- vision Phase II. Applicant is John McEuen. 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. meeting of the Board on Tuesday, January 7, 2002. Any request tor sign interpre1tive services for the hearing 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. Molly Hitchcock Staff Planner 12-23-02 SALES SLIP ~001 December 20, 2002 TO WHOM IT MAY CONCERN: Re: Variance request for 308 Agate 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: JOHN MCEUEN Subject Property: 308 Agate (See attached location map.) Proposed Variance: Rear Setback The Zoning Board of Adjustment will hold a public hearing on Tuesday, January 7, 2002 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 (979) 764-3547 or (TDD) 1-800-735- 2989 . For additional information, contact the City Planning Office, (979) 764-3570 . Molly Hitchcock Staff Planner LEGAL NOTICE DA TE TO BE PUBLISHED: MONDAY, DECEMBER 23, 2002 BILL TO: Deborah Grace The City of College Station P.O. Box 9960 College Station, TX 77842 MasterCard # 5478-9900-0018-2794 Expires March 2004 NOTICE OF PUBLIC HEARING: ONLY The College Station Zoning Board of Adjustment will hold a public hearing to consider a rear setback variance for 308 Agate, lot 2 , block 5, Stone Forest Subdivision Phase II. Applicant is John McEuen. 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, January 7, 2002 . Any request for sign interpretive services for the hearing 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 . Molly Hitchcock Staff Planner I Debora'6 Grace -ZBA Meeting in Jan ~a:ry From: To: Date: Subject: Deborah Grace Simms, Lance 12/2/02 12 :16PM ZBA Meeting in January Lance , After looking over Mr. McEuen's application and his explanation of what happened to this house , I think it would be a good idea for someone from building to attend this meeting to answer questions from the Board . The meeting is January 7 @ 6 :00 . Thanks! CC: Hitchcock, Molly DATE, TIME FA X NO ./NAME DURATION PAGE (S) RESULT MODE TRANSMISSION VERIF I CA TION REPOR T 01/02 17:38 99358551757 00:00:57 02 OK STANDARD TIME : 01/02/2003 17:39 NAM E : COCS DEVELOPMENT SER FA X : 9797543495 TEL : 9797543570 SER .# : BROE2J341073 FACSIMILE COVER SHEET CITI OF COLLEGE STATION DEVELOPMENT SERVICES 1101 Texas Avenue South~ PO Box 9960 College Station, Texas 77842 Phone (979)764-3c;70 /Fax (979)764-3496 Date: 01-02-03 #of pages including cover:-=-2- If you did not receive a complete Jax, please call our office immediately for a new transmittal. TO:_~M~r.-=-J~oh=n~M~cE~u~e~n __ FAX: (936) 855-1757 COMP ANY: _____ _.._M ..... c ..... E .... u ...... en ......... B ...... u1 .... ·1d __ i __ n_g __ C_o. ______ _ RE=~~~~~-------=C=O~PY~=~Le=--tt=e=r~o~f~o-R~Y=Os=i=ti=on=-----~~~~~~ FROM: Jennifer Reeves PHONE: (979) 764-3570 COMP ANY: ____ ___;;C=o.ity;:..L.-""o=-f C=-'o"'-=11'-=eg~. e'--"S'-=ta=u=· o"""""n ______ _ REMARKS: D Urgent D For your review D Replay ASAP [2J FYI Please call if you have need further assistance. Thank You Jennifer Reeves Agenda Zoning Board of Adjustment CITY OF COLLEGE STATION, TEXAS College Station City Hall Council Chambers 1101 Texas Avenue January 7, 2003 6:00 P.M. 1. Call to order -E x planation of functions of the Board . 2 . Consideration, discussion and possible action of absence request from meeting . 3. Consideration , discussion and possible action to approve meeting minutes from November 5, 2002 . 4 . Consideration, discussion and possible action on a rear setback variance at 308 Agate , lot 2, block 5, Stone Forest Subdivision . Applicant is John McEuen . (02-253). 5. Consideration, discussion and possible action regarding the taking of minutes for the Zoning Board of Adjustment. 6 . Consideration, discussion and possible action on future agenda items . 7. Adjourn . Consultation with Attorney {Gov't Code Section 551.071}; possible action. The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney-client privileged information issues arise as to the posted subject matter of this Zoning Board of Adjustments meeting, an executive session will be held. This building is wheelchair accessible. Handicap parking spaces are available. Any q,;st for sign interpretation services must be made before the me~ting , To make gements call 979-764-3517 or (TDD) 1-800-735-2989, February 3, 2003 City of College Station Zoning Board of Adjustment 1101 Texas Ave . South College Station, Texas Dear Zoning Board Members, Last week, Mr. John McEuen constructed an eight foot privacy fence from the Northwest corner of Lot 35 in Pebble Creek subdivision to join the existing six foot fence of Lot 36 in Pebble Creek (the end of Birdie Court which shares the property line with the Stone Forest subdivision). As residents of Birdie Court, we feel this fence amends our concerns with the encroachment of the rear setback line on Mr. McEuen 's property at 308 Agate (in the Stone Forest subdivision). By signing below, the residents of Birdie Court are indicating this is an acceptable and reasonable proposal for resolving the variance issue and request the Zoning Board of Adjustment to please consider this as a resolution to our dispute. Sincerely, ~.~ 4 00 Birdie Court Matt and Dion Nelson 4602 Birdie Court Don and Jo Freeman 4609 Birdie Court ~~~~~iJl~ff and JcyFroyd 4604 Birdie Court 4605 Bird<e Court John McEuen 308 Agate City of College Station Zoning Board of Adjustment I I 0 I Texas Ave. South College Station, Texas Dear Zoning Board Members , January 7, 2003 This letter is to outline an agreement made between the residents of Birdie Court (in the Pebble Creek subdivision) and Mr. John McEuen , builder of the house at 308 Agate in the Stone Forest Subdivision. We met with Mr. McEuen on January 6, 2003 in an effort to reach an amicable agreement concerning the encroachment of the rear setback line on his property at 308 Agate. Our goal was to find a solution that would protect the privacy and property values of our homes on Birdie Court, as well as allow Mr. McEuen to receive a variance request on the property. We were able to come to the following agreement: • John McEuen will construct a new eight foot privacy fence on the property line between the Pebble Creek and Stone Forest subdivisions. • The fence will extend from the Northwest corner of Lot 35 in the Pebble Creek subdivision until it joins the existing six foot fence of Lot 36 in Pebble Creek. • The fence will be constructed of eight foot tall l "x 6" treated pickets in the same construction manner as the existing fence on this property line. • The fence will contain 4"x 4" treated vertical posts every eight feet and consist of three horizontal 2"x 4" treated cross braces between each vertical post. • John McEuen will be responsible for disassembling the existing fence and construction of the new fence as described above. • John McEuen will be responsible for all labor and material costs associated with this project. /J "'J / " 0 "./ • WO/ZJL l.V E[ tblYIPt..L:-rEO 1.5 y -> _JI /t.. __) - If the above requirements are met, the residents of Birdie Court agree to endorse the Zoning Board of Adjustment to grant the necessary variance request to Mr. McEuen. As per the conversation between Charles Rugh (representing residents of Birdie Court) and John McEuen on the afternoon of Monday, January 06 , 2003, we have agreed that by signing below, the residents of Birdie Court are indicating this is an acceptable and reasonable proposal for resolving the variance issue and request the Zoning Board of Adjustment to please consider this as a resolution to our dispute. Sincerely, kt ~ ~ J.4_, .,/. Lk , d#7 ; " 1 " , (~ti,.: l&/2!lflL '.J/'f~t/,1 <_ t{(}t-:.r.J~ ~ ' ~;;; , ·J..? Dale an.d ?~°6Jass Charles and Stace ugh . Jeff Gif!o~d -J/ / ~ ,J; "1 460 Ie Court 4602 ~ro cf u~ (purc~asing 4600 81rd1e Ct)' 460 I Birdie er :J a and Dion Nelson 4602 Birdie Court ourt J~1,,J bi1VJA~v /?J. ~-(~~Jl1 ~rv . 4m1.,4hr.u~ wtofi 'and~arilyn Wells Je ~ill Jo'/Froyd J-J ~ --J 4 04BirdieCourt .·-// _. 46 5,B~,,~ ;;;. /.U ,:;(//Jc ~-<f7__ , John McEuen ;,2c.;g;,.; -1 5/ef' 1 1 1 .e /,,f>/ O//c-/ 308 Agate 4-'Co 7-l!:u rdic-· cc ~~ h~~ The City of College Station City Planning Office P.O . Box 9960 1101 Texas Ave . College Station , TX 77842 FAX: 764-3496 To Whom It May Concern: Manuel M. Martfu-Rodr~uez 4601 Pro Ct. College Station , TX 77845 March 10 , 2003 I am writing to express my dismay at the granting of a variance request for 308 Agate. In my opinion , 308 Agate does not merit a variance for reasons I stated in my letter of March 3 , 2003 , which I will n o t repeat here . However , I will say that I believe you have set a dangerous precedent (even if it may not constitute legal precedent) by allowing this particular builder to go on building his house on 308 Agate without complying wi t h City ordinances , and by granting a variance in the end . This seems to reward a practice of "build first , get permission later " that is detrimental to established homeowners . Needless to say, I will watch very close l y the currently vacant lot next to 308 Agate (and direct l y adjacent to my property) to make sure that no builder makes another "honest '' mistake on that property that ends up costing me and my family money and distress. I would expect the City to make sure that no mistakes are made on that other lot (Lot 1 of Stone Forest), but I will be prepared for legal action should one happen . Given the outcome of the 308 Agate case, that wou l d seem the only logical way to proceed . Sincerely, Dr . Manuel M. Martin-Rodriguez