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HomeMy WebLinkAboutVAR2001-500199CITY OF COLLEGE STATION *** CUSTOMER RECEIPT *** OPER : GMESSARRA CT DRAWER : 1 DATE: 9/05/01 00 RECEIPT: 0305009 DESCRIPTION QTY 200 1 500199 PLANNING & ZONIN TENDER DETAIL AMOUNT TP TM HS.00 *PL CK CK : 15905 CK 15905 $75.00 DATE: 9/05/0 1 TIME : 10 :52:48 TOTAL PERSONAL CHECK $75.00 AMOUNT TENDERED HS . 00 THANK YOU NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment will hold a public hearing to consider a front setback var- iance for 3325 Picadilly Circle , lot 14, block 5, Westmin- ster Subdivision. Applicant is Southern Estate Homes . 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 Wednesday, October 10 , 2001. 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. Jennifer Reeves Staff Planner 9-26-01 B A/al~·cd10n, f.a:itM!J ~:t 1 )o' /DJ NOTIFICATION AREA fi•i&.r City of College Station, Texas ~ PLANNING DIVISION 3325 PICADILL Y ~ NOT TO SCALE ZONING CASE: ZBA 1 0/10/01 SETBACK VARIANCE A-0 CHECK BY: DATE : A.HARDSHIP The hardship in this case is threefold. First, locating the house behind the pipeline easement would result in the front being behind the rear of the neighbors house. This is not desirable for either property . Second, by moving the house to the right would cause the removal of the only large oak tree on the street and also place the house so close to the neighbor on the right it would look inconsistent with the other houses on the street which are all located in the center of their of their lot. Third, the location of the pipeline in the easement is 15 feet from the front line of the easement and not in the center. By removing the large oak tree and moving the house back would put the comer uncomfortably close to the pipeline even though this is a liquid petroleum line and supposedly not a hazard (See attached plat of house and lots). I . ·' f ' r " I· • I . ~ .·. r , . .. , I ,;J, t .• ,,, .. ' . ' .• ·· 1· MINUTES Zoning Board of Adjustment October 10, 2001 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Hill , Sheffy , Richards , Lewis & Alternate Member Allison MEMBERS ABSENT: Birdwell absent , Alternate Members Goss & Corley, not needed . STAFF PRESENT: Staff Assistant Grace , Staff Planners Reeves & Hitchcock, Assistant City Attorney Robinson . AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board . Chairman Hill called the meeting to order. AGENDA ITEM NO. 2: Consider Absence Request from meeting . Mr. Birdwell submitted an application that was moved to approve by Mr. Lewis , seconded by Mr. Richards , and approved by a Board vote of (5-0). AGENDA ITEM NO. 3: Consideration of meeting minutes from September 12 , 2001 . Mr. Sheffy made the motion to approve the minutes. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Consideration of a rear setback variance at 316 Holleman Drive, lot 2, block 2, McCulloch's Subdivision. Applicant is Habitat for Humanity. (01-186). Staff Planner Jimmerson stepped before the Board and presented the staff report . Ms . Jimmerson told the Board that the variance is to allow for construction of a new home . The subject property is undeveloped . A house is planned for this lot that will encroach into the required rear setback. The back of the house will extend approximately 8 feet over the rear building setback line . Thus , the applicant is requesting a variance of 9 feet (or a 3 6% variance) to the rear setback to allow for the construction of the house . The Board could consider the depth of the lot as a special condition . Although the lot does exceed the current width requirement of 50 feet , the lot does not meet the current depth requirements for an R-1 single-family residential lot. In this case, in addition to significantly restricting the building options on the site, having less lot depth reduces the remaining buildable area of the lot to less than that of surrounding properties . Pagel The McCullough Subdivision, where the subject property is located , is one of the original neighborhoods in College Station and appears to have been platted pri or to the City's adoption of Subdivision Regulations . Subdivisions that have been platted in more recent years are planned to accommodate the City 's setback requirements . It also appears that a portion of the front of the property may have been taken by the City for the expansion of Holleman, resulting in the depth of only 84 feet . Once the front and rear setbacks are applied to properties with the standard 100-foot depth a length of 50 feet remains for the builder to work within . For this property, with a depth of 84 feet , only 34 feet remain after the front and rear setbacks are applied , significantly restricting the building options on the side and lessening the buildable area. The Board must decide if having a lot depth of 84 feet , instead of the now required 100 feet , is a special condition, or if the situation is a general condition . If the ZBA considers the reduced lot depth as a special condition , then the resulting hardships would be the significant reduction in buildable area and the significant restriction on the building options . The applicant would be unable to build a house of comparable size to the others in the area. The Board may not consider a financial hardship as the only hardship involved in a case, but it may considered in addition to other hardships . The subject property was donated to Habitat for Humanity by the City of College Station on September 13 , 2001 for the purpose of building a house and selling it to a resident that has been living in substandard housing . At Habitat for Humanity, volunteer-friendly construction plans are not created for each project, but are used repeatedly by the organization on different properties to reduce the costs of the homes . The additional cost of preparing a custom plan for this lot would increase the overall cost of the project, therefor negating the ability to provide low- income housing at a low cost on this lot. Staff has identified the following alternatives to granting the nine-foot rear setback variance : Grant a lesser variance -the applicant has stated that the plan for the house would encroach eight feet into the required setback. A variance of nine feet would still allow for the construction of the home . The additional foot would create room for a small margin of error. Do not grant the variance -the structure is in the planning phase so , at this time , no physical encroachments exist. A denial will require the applicant to design a house that meets the rear setback required for the lot. If no house is built on the lot within eighteen months , ownership of the property will revert back to the City of College Station. Ms . Jimmerson ended her staff report by showing the Board pictures of the property. The Board had no questions for city staff. Chairman Hill opened the public hearing for those wanting to speak in favor of the request. James Davis , Construction Coordinator for Habitat for Humanity, stepped before the Board and was sworn in by Chairman Hill. Mr. Davis told the Board that this particular lot is small . Mr. Davis explained to the Board that since the road is considered a minor arterial , they have chosen to put in a circular drive rather than backing out on to the street. ZBA Minutes October 10, 2001 Page 2of11 Tliat decision has somewhat complicated the construction of the home . Mr. David ended by saying other than these two items; there are no other considerations. Mr. Lewis asked if the home plan is the smallest plan that Habitat uses . Mr. Davis answered that it is the shortest plan . Mr. Hill questioned the home plan not having a garage . Mr . Davis replied that none of Habitat for Humanity home plans has garages due to added costs . Art Roach, Housing Development Coordinator for the City of College Station College Station Community Development Office , stepped before the Board and was sworn in by Chairman Hill . Mr. Roach told the Board that the CD office is lending their support to the variance request. With no one else stepping forward to speak in fa vo r or opposition to the request, Chairman Hill closed the public hearing . Mr. Lewis made the motion to authorize a variance to the minimum setback from the terms of this ordinance as it will not be contrary to the public interest , due to the following special conditions : part of the lot was taken for street widening, the lot was platted before the existing setback regulations and the lot is not square; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being : impossible to build on the lot due to its shallow depth; and such that the spirit of the ordinance shall be observed and substantial justice done subject to the following special conditions : variance of 9 feet. Mr. Sheffy seconded the motion . Chairman Hill stated that he commends Habitat for Humanity for what they are doing m our community . Chairman Hill stated that he would like the motion to mention something about the shallow depth of the lot. Mr. Lewis amended his motion to add " due to its shallow depth". Mr. Sheffy seconded the motion to amend. The Board voted (5-0) to amend the motion. Chairman Hill called for a vote on Mr. Lewis's motion to authorize a variance and Mr. Sheffy's second. The Board voted (5-0) to grant the variance. AGENDA ITEM 5: Consideration of a rear setback variance for 320 Holleman Drive, lot 4, block 2, McCulloch Subdivision. Applicant is Habitat for Humanity. (01-187) Staff Planner Jimmerson stepped before the Board and stated that this case is similar to the last one and therefore did not go through the complete staff report . Basically the difference between the two cases is the amount of the variance being requested . The variance requested is 5 feet but only 4 feet is needed . The additional foot would create room for a small margin of error. Ms. Jimmerson ended her staff report by showing the Board pictures of the property . ZBA Minutes October 10, 2001 Page3of11 Th'e Board had several minor questions of concern . Chairman Hill opened the public hearing and asked for those wanting to speak in favor of the request. James Davis stepped before the Board . Chairman Hill reminded Mr. Davis that he is still under oath . Mr. Davis stated that on this home he was not able to extend the porch out into the front setback because of the circle drive like he was able to do on the other home. The driveway for this home will be off of Phoenix Street. With no one else stepping forward to speak in favor or opposition of this variance, Chairman Hill closed the public hearing . Mr. Richards made the motion to authorize a variance to the minimum setback from the terms of this ordinance as it will not be contrary to the public interest , due to the following special conditions : part of the lot previously taken for street widening , lot platted prior to current ordinances and it is a square lot; and because a strict enforcement of the provisions of this ordinance would result in unnecessary hardship to this applicant being : impossible to build on the 85 foot lot depth ; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations : a variance of 5 feet. Mr. Sheffy seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 6: Consideration of a front setback variance at 3325 Piccadilly, lot 14, block 4, Westminster Subdivision. Applicant is Southern Estate Homes. (01-199). Staff Planner Reeves stepped before the Board and gave the staff report. Ms. Reeves told the Board that a I 0-foot variance to the 50 front setback is requested . A front setback of 50 feet is required for A-OR Rural Residential Subdivision . The subject property has a 50-foot CITGO pipeline easement running all the way across the front portion of the property . During preparation to build the house the applicant discovered that he would not be able to meet the 50-foot front setback requirement. To be consistent with the neighboring homes the home at 3325 Piccadilly would have to be 40 feet from the front property line; thus the applicant is requesting a front setback variance of 10 feet. The applicant states as a special condition that the 50-foot pipe line easement runs through the property, reducing the buildable area of the front of the lot as compared to neighboring lots . The applicant states that the hardship if this case is threefold . First, locating the house behind the pipeline easement would result in the front of the house being behind the rear of the neighbor 's house . This is not desirable for either property. Second , by moving the house to the right would cause the removal of the only large oak tree on the street and also place the house so close to the neighbor on the right , it would be inconsistent with the other houses on the street which are all located in the center of their lot. Third, the location of the pipeline in the easement is 15 feet from the front line easement. If the house were to meet the front setback requirement, a comer of the house would be uncomfortably close to the pipeline (even though this is a liquid petroleum line and supposedly not a hazard). The staff has identified building towards the back of the property as an alternative . The house would be out of the line with the neighboring houses, but the subject home could meet all of its setbacks . Ms Reeves ended her staff report by showing the Board pictures of the property . ZBAMinutes October 10, 2001 Page4of11 Tlie Board had no questions for staff Chairman Hill opened the public hearing for those wanting to speak in favor of the request. Noble Handy , the applicant, stepped before the Board and was sworn in by Chairman Hill. Mr . Handy told the Board that he got a signed agreement from all property owners on the street agreeing to the variance request. Mr. Lewis asked for the size of the home . Mr. Handy replied that it was 2500 sq . ft . Mr. Lewis asked Mr. Handy ifhe considered any options of making the house wider and not so deep . Mr. Handy replied that a plan like that would be spread out and narrow . Mr. Hill stated that he had gone by to look at the property and noticed that the slab had been poured . Mr. Hill asked if the slab is placed based on a 40-foot setback . Mr. Handy replied that was correct. Mr. Hill asked Mr. Handy when he set the forms and poured the slab if he was aware of the 50-foot setback requirement. Mr. Handy replied no that he was not aware of the requirement. Mr. Handy added he was issued a permit and he felt that no one checked the zoning assuming that the subdivision was a regular residential development, which has a 25-foot setback. He stated that he knew it had a 50 foot architectural control requirement. He contacted the architectural control board and asked if there would be a problem . The control board told him there would not be a problem . He then applied for his building permit and started the slab . During a discussion with Carl Warren with the Building department it was discovered the zoning was R-01. Mr. Handy stated that he thought it was a 25-foot setback and the 50-foot setback was the architectural control requirement. Ms . Reeves told the Board that the city building department made an error in issuing the permit. The permit was issued during a time when the entire city was experiencing computer problems . Mr. Hill asked Ms . Reeves if the builder was operating in good faith . Ms. Reeves replied yes . Mr. Hill asked Mr. Handy if he lays out the slabs or if a surveyor does it. Mr. Handy replied that usually he does the lying out of the slabs but he does have surveyors who work on some . Mr. Hill stated that he is a little bothered that the forms would be set and the slab poured not checking the ordinances . Mr. Handy replied that he has been building in the City of College Station for 15 years and he was totally unaware of an R-01 subdivision and that requirement being larger. Mr. Hill asked Mr. Handy at what point was the error discovered and how was it discovered . Mr. Handy replied at the time the slab was poured . The city was in the process of getting their computers up and processing permits, his permit was already issued and he was in the process of building . Chairman Hill asked who discovered the error. Ms . Reeves replied that it was an inspector in the field . With no one else stepping forward to speak in favor or opposition of the request, Chairman Hill closed ·the public hearing . Mr. Richards stated that the hardships stated are logical. The property with a pipeline going through it is not a piece of property that you could build under normal conditions . If the home were placed behind the easement the house would be out of line from the rest of the houses on the block. Chairman Hill stated that he would agree with that. ZBAMinutes October 10, 2001 Page5of11 Mi-. Lewis agreed that the pipeline is a special condition and also the fact that an error was made in issuin g the pennit. Mr. Lewis stated th at he could als o understand the confusion for the setback. Chairman Hill agreed that there was confusion but he is less willing to grant that point because it is the builder 's responsibility to check the requirements for where he is building . Mr. Sheffy made the motion to authorize a variance to th·e 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 made a mistake in builder complying with ordinance and thus was issued a permit ; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being : that the house slab has already been reported to city staff and had been approved ; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitation : allowing a 5 foot variance . Mr. Richards seconded the motion . Mr. Lewis made an amendment to Mr. Sheffy 's motion to add another special conditions: the 50 foot pipeline easement and change the limitation from a 5 foot variance to a 10 foot variance. Mr. Allison seconded the amendment , which was appro ved (5-0). Chairman Hill called for the vote on Mr. Sheffy's motion and Mr. Richards second. The Board voted (5-0) to grant the variance. AGENDA ITEM NO 7: Consideration of a front setback variance at 316 Pronghorn Loop, lot 2, block 4, Steeplechase Subdivision Phase VI. Applicant is Oakwood Homes. (01-208). Staff Planner Hitchcock stepped before the Board and presented the staff report . Ms . Hitchcock told the Board that the request is to receive a variance for an error made during construction. During construction, the builder estimated that if he placed the house 27 feet back from the front of the property, he would be able to stay outside of the front setback area. Front setbacks on cul-de-sacs or curving streets curve with the arc of the property line . The house was not placed far enough back on the lot to keep the structure outside of the setback; thus the applicant is requesting a front setback variance of 0 .68 feet for the home and 1.11 feet for the garage (as measured diagonal). For a special condition, the applicant would like for the Board to consider the fact that the curving street made it difficult to measure the setback. For hardships, the applicants states that the home is complete and ready to close . 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. Ms . Hitchcock ended her staff report by showing the Board pictures of the property . The Board discussed items presented in the staff report for clarification . Chairman Hill opened the public hearing and asked for anyone wanting to speak in favor of the request to step forward . ZBA Minutes October 10, 2001 Page6of 11 Alton Ofczarzak, President of Oakwood Homes , stepped before the Board and was sworn in by Chairman Hill . Mr. Ofczarzak t ol d th e Board that he built all th e homes on th at row and all th e homes are all built 27 feet off of the property line . Mr. Ofczarzak stated that it is difficult to layout homes on a curve . Mr. Ofczarzak ended by saying that no one in that area is opposed to the variance due to the fact that all the houses are in alignment. Mr . Sheffy stated that if a builder knows what the minimum setbacks are , and should be, what is the reason for going over the setbacks . Mr. Ofczarzak replied that it is a human error . The curve makes it more difficult to check the points . Mr. Ofczarzak stated that the field supervisor wanted to align the houses on that street across the front so they all would be lined up down the street and he must not have checked the corner points . Chairman Hill asked if the field supervisor is a qualified surveyor. Mr. Ofczarzak replied no he is not but he has been in the construction business for about 30 years. Chairman Hill asked if there was a qualified surveyor with his company. Mr. Ofzcarzak replied that usually they do all their field platting and most builders do . Mr. Ofzcarzak stated that he has been strict on making sure all the points are done on the property so when the inspector makes his inspection there is not a problem. Mr. Ofzcarzak stated that he did not feel the inspectors checked them . Mr. Richards asked Mr. Ofzcarzak how long he has been in business . Mr. Ofzcarzak replied he has been building for 24 years and this is the second variance he has requested . Mr. Richards stated that the site plan submitted to the city was within all regulations and the house turns out not to be . Mr. Richards asked where is the breakdown . Mr. Ofzcarzak replied that we are all human and we would not have this Board if there were not special conditions. Mr. Ofzcarzak stated he is asking for a hardship in this case . Mr. Richards asked based on what . Mr. Ofzcarzak replied based on the fact that the house is already built. The conforming of the subdivision is not taking away from the value of the property and it is not making the other homes look ugly by one house sticking out further than the other one . Mr. Richards stated that the hardship was created by not following the site plan. Mr. Ofzcarzak replied that was correct. Mr . Richards stated that the home is occupied now . Mr. Ofzcarzak replied that was correct. The buyers are waiting to close on the house , waiting on the decision of this Board. Mr. Lewis stated that he and the Board are very sympathetic to human errors but for them to grant a variance there are two things the Board looks at and that is a special condition and hardship . Mr. Lewis stated that it is a challenge to build on a cul-de-sac but that is not a special condition . Mr. Ofzcarzak replied that the special condition would be, if they had to cut off the corner of the house the house would look ugly. Mr. Lewis stated that might be a hardship but it is not anything special or unique to the lot. Mr. Ofzcarzak questioned the two cases on Holleman presented earlier that the Board approved variances for. The homes could have been redesigned . Mr. Lewis replied there were special conditions presented . The home at 3325 Piccadilly had a pipeline easement and that makes the lot very different. There were continued discussions on the previous cases . ZBAMinutes October 1 O, 200 I Page 7of11 Cnairman Hill stated that the previous cases have nothin g to do with thi s case . Mr. Lewis stated the point he was making is there is no special condition for this case . Mr. Sheffy stated that he agreed with Mr. Lewis . Mr. Ofzcarzak asked if it was written somewhere that unusual cul-de-sacs have different setbacks . Chairman Hill asked staff if there was anything in the ordinances . Ms . Hitchcock replied no. Mr. Ofzcarzak asked if the comers of the home were cut off if that would look good to the neighborhood . Mr. Sheffy stated that should have been looked at before the house was built. The Board continued discussions with Mr. Ofzcarzak . Chairman Hill stated that each case has to stand on its own merits and you can not reference another case. Chairman Hill explained that the Board has very specific legal requirements that have to be met to grant a variance. One of the requirements is the hardship can not be solely financial. Mr. Ofzcarzak ended by stating that the home is in alignment with the other homes in the area. It is two small comers encroaching . Mr. Ofzcarzak stated he made a mistake and he is there to ask for a vanance. Mr. Richards stated that if he accepted the variance based on the report that a supervisor miss-guessed the placement of the home , he did not think that adds to the value of the industry in the city . Mr. Lewis stated that there appears to be plenty of room in the rear where the house could have been pushed back. The Board continued discussions concerning the lot. With no one else stepping forward to speak in favor or opposition to the variance, Chairman Hill closed the public hearing. Chairman Hill stated that he has trouble with this type of case. In this particular case there are two very small comers of the slab that are extending into the setback. It is so minimal. The affect of granting the variance would not be a large impact. Mr. Richards stated his concern is not with the size of the variance but how it happened . Mr. Richards stated that is the way it happened and he can not condone it. Mr. Allison made a motion to authorize a variance to the minimum setback from the terms of this ordinance as it will not be contrary to the public interest , due to the following special conditions : variance is deminimus ; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being : causes encroachment ; and such that the spirit of this ordinance shall observed and substantial justice done subject to the following limitations : variance be limited to the existing structure, and a front setback variance of 0 .68 feet for the home and 1.11 feet for the garage be granted . Mr. Sheffy seconded the motion. ZEA Minutes October JO , 2001 Page 8 of11 Cliairman Hill asked since the variance runs with the land , can a restriction be placed that the variance is for the current existin g st ructure . Ms . Robin son replied that because the variance runs with the land that restriction would not be enforceable . Chairman Hill stated that the variance would have to be granted like a single setback variance of 1. 11 feet for the entire setback line across the front of the property . Ms . Hitchcock replied that when this was discussed at staff level , it was understood that when a variance like this is granted it is tied to the site plan , and to the areas, and it would not legitimize a shorter setback for the whole property line . There would need to be two separate variances . Chairman Hill stated that the motion offers the two variances but the Board was told they could not necessarily enforce restriction to the existing structure . Chairman Hill stated to him the two issues are going head to head . Ms. Jimmerson stated that during the discussions with Senior Staff, it was said that the variance needs to be tied to the land and not to the structure . The variance request is being seen as a variance to the small specific area that the encroachment exists . Chairman Hill requested that the wording of the motion be modified so that the language does not tie the motion to the existing structure, but rather ties it to the existing lot and reflects the two areas of encroachment. Mr. Allison made an amendment to his motion to add under limitations : "a front setback variance of 0 .68 feet for the home and 1.11 feet for the garage be granted. Chairman Hill suggested adding some wording to tie the motion to the particular area . Ms . Hitchcock stated that the 0 .68 was for the garage and the 1. 11 was for the home . Mr. Allison added as an amendment "to the areas of the lot shown on the survey presented to the Board ." Mr. Richards asked what is the hardship listed on the motion . Mr. Allison replied causes encroachment. Mr. Lewis stated that the encroachments are so small but there is no hardship . Mr. Richards stated that it is a self-imposed hardship . If the site plan had been followed the case would not be before the Board . The Board continued discussions on the hardship . Chairman Hill allowed Mr. Ofzcarzak to approach the Board again . Mr. Ofzcarzak told the Board that a hardship could be that it would take away from the ordinary houses in the neighborhood . Mr. Lewis responded that at this time the city does not have a policy of enforcing encroachments . Mr. Ofzcarzak replied that he did not know that. Ms. Jimmerson stated that right now that is not being enforced but they also are not writing letters which is a problem with lenders . Mr. Sheffy asked Mr. Ofzcarzak if the encroachment is keeping the buyers from getting a loan for the home Mr. Ofzcarzak replied yes . Mr. Allison offered again as an amendment under limitations " the limitations shall be to the areas of the lot shown on the survey as presented the Board. Mr. Richards seconded the amended motion. The Board voted (5-0) to amend the motion. Mr. Richards asked if there was any change to the hardship . Chairman Hill had Mr. Allison re-read the motion with the amendment. Mr. Richards stated that he does not see how they can accept the hardship under the rules of the Board . ZBA Minutes October 10, 200 I Page 9of 11 The Board continued discussions on the hardship . The Board discussed a previous case they approved that had a deminimus encroachment. Mr. Lewis stated that he did not remember what the Board accepted as a hardship . Chairman Hill replied that they accepted that it caused an encroachment. Chairman Hill asked if anyone could offer a better hardship . Mr. Sheffy made the motion to accept Mr . Allison 's motion and call for a vote . Chairman Hill called for the vote on Mr. Allison's motion to grant the variance and Mr. Sheffy's second. The Board voted (3-2). Mr. Richards and Mr. Lewis voting against granting the variance. AGENDA ITEM NO 8: Update on the Unified Development Code. Ms . Hitchcock handed to the Board Members a timeline leading up to the approval of the Ordinance . Once the draft copy is made available for public review, copies will be made available to this Board . Ms . Hitchcock stated that she would get with Senior Staff and find out the sections that would involve this Board and the items they would have control over. Ms . Hitchcock encouraged the Board that if they would like to make a formal statement to the City Council or the Planning & Zoning Commission about any concerns to do so. Mr. Lewis asked if in the proposed ordinance does it give city staff the ability to approve such small variance cases like they heard earlier. Ms . Hitchcock replied that Senior Staff is working with the Consultant and the discussion is for staff to take those smaller cases and they would have separate requirements . That has not been drafted yet but it has been discussed to allow city staff the ability to handle 20% variances and that was agreeable . Ms . Hitchcock encouraged the Board to take a look at that area and then they could make their recommendations on specific issues. Mr. Lewis asked if it would be appropriate for this Board to put together a recommendation or a resolution of support to be included in the ordinance. Chairman Hill replied that he thought it would be appropriate after such time that they have had the opportunity to read the draft and discuss it. AGENDA ITEM NO. 9: Future agenda items. Discussion and possible action pertaining to the Unified Development Code. AGENDA ITEM NO. 10: Adjourn. The meeting was adjourned . ZBA Minutes October I 0, 200 I Page JO of 11 APPROVED: ~2~,cpl ZBAMinutes October 10, 2001 Page 11of11 FOR OFFICE USE ONLY CASENO.: Oj-~ DATE SUBMITTED: ' 0 : 1'3 lct14 I ( ({11'3r{)~ ZONING BOARD OF ADJUSTMENT APPLICATION--- MINIMUM SUBMITTAL REQUIREMENTS: __ Filing Fee of $75 .00 . __ Application completed in full. __ Additional materials may be required of the applicant such as site plans, elevation drawings, sign details and floor plans. The Zoning Official shall inform the applicant of any extra materials required. APPLICANT/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name IVtJt;t.c ~ 54 ~~ ~ .t;;-szr~-66~~.s Mailing Address ,, a . ~ /t2 2 .3 I City_~~·-~~·------- Phone Number ~ 222-~~~7 Fax Number ~o'-6 \-e_ (\\~-~ao3 State 7Y zip code 77'9"q z E-e Address " PROPERTY OWNER'S INFORMATION: ) Name ~ Mailing Address ---------------- State ____ Zip Code ______ E-Mail Address ____________ _ Phone Number Fax Numbet --------------------------~ LOCATION OF PROPERTY: AddJ-ess 3$Z?: ,t/~/LLY. Lot /t( Block Subdivision Description if there is no Lot, Block and Subdivision Action Requested: (Circle One) Current Zoning of Subject Property r{a5 , Applicable Ordinance Section GENERAL VARIANCE REQUEST Genvar.doc 8/20/01 GetbackV~ Parking Variance Sign Variance Appeal of Zoning Official's Interpretation Special Exception Other _____________ _ I of2 GENERAL VARIANCE REQUEST The following specific variation from the ordinance is requested: J ~o. This variance is necessary due to the following special conditions: Special Condition Definition: To justify a variance, the difficulty must be due to unique circumstances involving the particular property. The unique circumstances must be related to a physical characteristic of the property itself, not to the owner's personal situation . This is because regardless of ownership, the variance will run with the land. Example: A creek bisecting a lot, a smaller buildable area than is seen on surrounding lots, specimen trees. Note: A cul-de-sac is a standard street layout in College Station. The shape of standard cul-de-sac lots are generally not special conditions. A So / .beE L1/vE £42£/!PE/(/ /(O,lf/S Q//ftfc/~/./ I Th~ unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial hardship is/are: Hardship Definition: The inability to make reasonable use of the property in accord with the literal requirements of the law. The hardship must be a direct result of the special condition. Example: A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot, when compared to neighboring properties. The following alternatives to the requested variance are possible: rJ&>.u G' Ul) This variance will not be contrary to the public interest by virtue of the following facts: SE-E EX~/?/f.//l770/d .bJ;!lc,#~O ( 15) Th tf applicant has p /~pared this application and certifies that the facts stated herein and exhibits attached here and mplete. GENERAL VARIANCE REQUEST Genvar.doc 8/20/0 I 2 of2 The City of College Station, Texas Embracing the Past, Exploring the Future. P.O. Box 9960 • 1101 Texas Avenu e • Coll ege Station , TX 77842 • (979) 764-3500 March 11, 2003 Noble Handy Southern Estate Homes P .O. Box 10231 College Station, Texas 77845 www .Ci .college-station . tx. u s This letter is to confirm that the Zoning Board of Adjustment, at their October 10 2001 meeting approved the requested front setback variance at 3325 Picadilly Circle, also known as lot 14, block 6, in the Westminster Subdivision. Approved : A IO-foot variance to the 50-foot front setback. Sincerely, Deborah Grace Zoning Board of Adjustment Secretary Home of Texas A&M Univ ersity Home of the George Bush Presidential Library and Museum TRANSMISSION VERIFICA TIO N REPOR T DATE, TIME FAX NO ./NAME DURATION PAGE (S ) RESULT MO DE 03/11 10 : 39 92503088 00:00:18 01 OK STANDARD ECM TIME 03/11/2003 10 :40 NAME COCS DEVELOPMENT SER FA X 9797543495 TEL 9797543570 SER.# BROE2J 341073 The Ci_!y of College Station, Texas Embracing the Past1 Exeloring the Future. P.O. Box 9960 • 1101 Te xas Avenue • College Station, l'X 77842 • (97 9) 764-3 500 March 11, 2003 Noble Handy Southern Estate Homes P .O . Box 10231 College Station, Texas 77845 www.ci.college-statirln .tx.us This letter is to confinn that the Zoning Board of Adjustment, at their October 10 2001 meeting approved the requested front setback variance at 3325 Picadilly Circle, also known as lot 14, b.lock 6, in the Westminster Subdivision.. Approved: A 10-foot variance to the 50-foot front setback. Sincerely, I Deborah Grace -Nobl ~ Handy -Varia ~ce Letter Request From: To: Date: Subject: 3325 Piccadilly Jennifer Reeves Deborah Grace 3/10/03 11 :1 OAM Noble Handy -Variance Letter Request Received Variance October of 2001 Needs a letter You can fax it to 260-3088 or, if you have questions he can be reached at 690-9096 or 412-6500 Thanks Reeves Page 1 J March 11, 2003 Noble Handy Southern Estate Homes P .O . Box 10231 College Station, Texas 77845 This letter is to confirm that the Zoning Board of Adjustment, at their October 10 2001 meeting approved the requested front setback variance at 3325 Picadilly Circle, also known as lot 14, block 6 , in the Westminster Subdivision. Approved : A 10-foot variance to the 50-foot front setback. Sincerely, Deborah Grace Zoning Board of Adjustment Secretary STAFF REPORT Prepared by : Jennifer Reeves Date: 09/26/01 Email: jreeves@ci.college-station.tx.us Date: 09/24/01 ZBA Meeting Date: 10/10/01 APPLICANT: REQUEST: LOCATION: PURPOSE: Noble Handy , Southern Estate Homes Front setback variance 3325 Picadilly, Westminister II Subdivision A ten-foot variance to the 50' front setback is requested. GENERAL INFORMATION Status of Applicant: Property Owner: Applicable Ordinance Section: Builder/Property Owner Noble Handy Sect ion 7: District Use Schedule -Table A PHYSICAL CHARACTERISTICS Zoning and Land Use: The subject property and all surrounding properties are zoned A-OR Rural Residential Subd ivision . The property is located within the partially developed Westminister II Subdivision . Subject Property: The following lot dimensions are approximate. Frontage: Access: Topography & Vegetation: Please refer to the enclosed site plan for more detail. 243' of frontage along Picadilly Circle 415 ' north (side property line) 272' rear (property line) 412 ' south (property line) The subject property consists of one lot ,( Lot 14 of Block 6). This gives the property approximately 243 ' of frontage along Picadilly Circle. Access will be given v ia a driveway onto Picad illy Circle. Relatively flat topography and one existing tree . O :\gro up \d eve _ ser\stfrpt\zngst frpt\hond a.doc Flood Plain: Not located within a flood plain. VARIANCE INFORMATION Setback Required: A front setback of 50 feet is required for A-OR Rural Residential Subd ivision . Setback Requested: A front setback of 40 feet. Case Overview: ANALYSIS The subject property has a 50 foot CITGO Pipel ine Easement running all the way across the front portion of the property . During preparation to build the house the applicant discovered that he would not be able to meet the 50 foot front setback requirement. To be consistent with the neighboring homes the home at 3325 Picadilly would have to be 40 feet from the front property line , thus the applicant is requesting a front setback variance of 10 feet. Special Conditions: The applicant states that a 50' pipe line easement runs through the property, reducing the buildable area of the front of the lots as compared to neighboring lots. Hardships: The applicant states that the hardship in this case is threefold. First , locating the house behind the pipeline easement would result in the front of the house being behind the rear of the neighbor's house . This is not desirable for either property. Second, by mov ing the house to the right would cause the removal of the only large Oak tree on the street and also place the house so close to the neighbor on the right , it would be inconsistent with the other houses on the street which are all located in the center of their lot. Third , the location of the pipeline i n the easement is 15 feet from the front line of the easement. If the house were to meet the front setback requirement, a back corner of the house would be uncomfortably close to the pipeline (even though this is a liquid petroleum line and supposedly not a hazard). Alternatives: Staff has identified bu ilding towards the back of the property as an alternative . The house would be out of line with the neighboring houses , but the subject home could meet all of its setbacks . SPECIAL INFORMATION Ordinance Intent: Building setback requirements usually allow fo r 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 . 0 : \group \deve _ ser\stfrpt\zngstfrpt\honda. doc Number of Property Owners Notified: 8 Responses Received: None at the t ime of this report. ATTACHMENTS Location Map Application Site Plan 0 :\group \deve _ ser\s tfrpt\zn gstfrpt\honda .doc 3325 Picadilly , Westminister II Subdivision October 10, 2001 Slide 1 (Title) BACKGROUND Noble Handy is requesting a 10-foot front setback variance for 3325 Picadilly. Slide 2 (SAM) The subject property is located in the second phase of the Westminister Subdivision, " For those of you who are not familiar with this location, this subdivision is bounded by Barron Cut off, Barron Rd . and Wellborn Rd. this is an A-OR Rural Residential Subdivision Zoning District. According to the City of College Station Zoning Ordinance, property in an A-OR zoning district is required to have a minimum front setback of 50 feet. The applicant is requesting a 10-foot front setback variance . CASE OVERVIEW The subject property has a 50-foot CITGO Gas Pipeline Easement running all the way across the front portion of the property. During the preparation to build the house the applicant discovered that he would not be able to meet the 50-foot front setback requirement. To be consistent with the neighboring homes the home at 3325 Picadilly would have to be 40 feet from the front property line. SPECIAL CONDITION HARDSHIP The applicant states that his special condition is the 50-foot CITGO Pipeline Easement that runs through his property, reducing the buildable area of the front of the lot as compared to neighboring lots. The applicant states that the hardship in this case is threefold . First, locating the house behind the pipeline easement would result in the front of the house being behind the rear of the neighbor's house. This is not desirable for either property. Second, by moving the house to the right would cause the removal of the only large Oak tree on the street and also place the house so close to the neighbor on the right, it would be inconsistent with the other houses on the street which are all located in the center of their lot. Third, the location of the pipeline in the easement is 15 feet from the front line of the easement. If the house were to meet the front setback requirement, a back corner of the house would be uncomfortably close to the pipeline (even though this is a liquid petroleum line and supposedly not a hazard). Ordinance Intent Building setback requirements usually allow for some degree of control over population density, access to light and a ir, and fire protection. These standards are typically justified on the basis of the protection of property values . Related Cases RESPONSES The Board has approved to the front setback where unique special conditions existed , such as size of lot in older neighborhoods , or in some areas to avoid the loss of valuable trees. There have been cases where front setback variances were approved, due to easements, which were determined special conditions. There has been no contact from the public regarding this matter. \L10T 1 4 \ 2.~94 ACRES • N ~ \ .. "W -412.17' 46.16' I ~ Surveyor No. 1852, In the Stat• of c ornet and wa• propared from an '>rk •ro and monumenh w•r• placed j N 44·57'33" E :·O 120.08' I . i SCALE: 1" BASIS OF BEARIHC IS PLAT OF WESTMINSTrR I SUBDMSION PHASE 1 ~ DEPICTED BY lliE FINAL PLAT IN VOLUME 2011, PAGE 81. r I V E 2 .528 ACRES NOW OR FORt.4ERLY f.W. BERT WHEELER VOLUME 743, PAGE 167 11 100' ~-:--~li!-=s~· $~7 ' OJ.: E -= 4 1 5. 8 O '______, l/) L.U NOW OR FORt.4ERLY ~ BROWN &: DUNLAP > VOL.283, PG .382 ' -_?E EASEMENT ~ \ :::s t-\ D ~ ~ \ \ Ul ~ \ C7--~--~ '~611f ~J-h11cl: ./ 3 :;d'> \ \ L,Or 14 -\ 2A94 ACRES \ I -412.17' 13 ACRES I 158.0 ACRES l-o 3.: .. c o< ~ :--0 ~ ~ ~ N (/) Z 0 ! ~ B. EXPLANATION There are six lots on this street. All five of the other properties have houses and have reviewed the circumstances of this request and agreed with the application . (See signed approval of request). Additionally, there is a 10 foot open ditch in front of the property line and due to the width of the lot the 40 ft. setback requested would hardly be noticeable. The Joss of the large oak would also be significant to the enhancement of the street. ·r ' . 8/23/01 ' APPROVAL OF APPLICATION FOR A BUILDING SET BACK VARIAN CE THE RESIDENTS AND OWNERS OF THE PROPERTY ADDRESSES LISTED BELOW HA VE READ THE APPLICATION OF NOBLE AND KA THY HANDY FOR A BUILDING SETBACK VARIANCE TO THE DEED RESTRICTIONS OF WESTMINISTER PHASE II. BY SIGNING BELOW, WE DO NOT FIND THIS REQUEST TO BE OBJECTIONABLE IF APPROVED BY THE ARCHITECTURAL CONTROL COMMITTEE. ADDRESS : PHONE#. J . ' < .,.. ') _, ~ ·: ... . Name ~s of Sende r I CITV OF COLLEGE STATION P.0 Box 9960 Co tlege Station , TX n842 01-199 Dwllap, Vogel & Brown 3104 Broadmoor Drive Bryan, Texas 77802-2100 01-199 Edward Jr. & Penelope Sue Thomas 14222 Buggy Lane College Station, Texas 77845-4749 01-199 Rick & Donna Jamison 3141 Barron Road College Station, Texas 77845-7494 01-199 Caleb J & Veronica B Hildebrand 3055 Barron Road College Station, Texas 77845-3911 01-199 Gene B Savage 8714 Bent Tree Drive College Station, Texas 77845-5546 Total Num~f Pieces Lis,-_:::......;;,;:,der ~__) Total Number of Pieces Received at Post Office 5 ..... Check type of mail or service : Affix Stamp Here (If issued as a certificate of mailing, or for additional copies of this bill) t.== ~ri ~"=' * ~'-0£ $~~~r---: D Certified D COD D Delivery Confirmation D Express Mail D Insured D Recorded Delivery (International) D Registered D Return Receipt for Merchandise D Signature Confirmation Postmark and Date of Receiot ., ~~~i : ~~ $£1 26'0 t ~,!'~'~' : 12.5 = i , Street , and PO Address Postage Fee Handling Charge Actual Valu• if Register& P8MfTaA : 7114167 U.S. POITAGl : ~ ~ .. -> ,;;" ·-Cl> -(.) .. = -Q,I Cl ~C\~ c c a: ~, ,.. ·-'Piii &'? '-'/ ~ ·-~ Cl> -~ .. .. ns c .. :I c -~ ,,... u -l~~<'l ~-r--~) o-: a;;; <11 ·-.. .. a: 6' • ..:. .. ·-Ill ~ ... -~$~ V>~~ ;/ -.. .:.:: -0 u a:: .. (.) ·-GI -~~ c Cl> a. ~ l .. en _:I ... ~ ns .. c v .~' > ·-en -Q The full declaratio n of value is requ ired on a I domestic and internatio nal registered ma il. The ma xi mum ind emn ity payable fo r the reconstruction of nonnegotiable documents unde r Express Ma il doc um ent re con structio n insuran ce is $500 per piece su bject to add iti onal limitations for multi ple piece s lost or damage s in a si ngl e catastroph ic oc curren ce . Th e maxi mum ind emni ty paya ble on Express Ma il merchand is e insurance is $500 , bu t optiona l Express Ma il Serv ice me rchand ise insurance is available for up to $5,000 to some , but not all co untries . The maximum Indemnity payabl e is $25,000 for reg is ter ed mail. See Dom es tic Mail Manual R900, S913 , and S921 for limitations of coverage on insured and COD mail. See Internatio na l Ma il Manua l for limitatio ns of coveraQe on intern ationa l mai l. Special handl inQ charQes app ly only to Standard Ma il (A) and Standard Ma il (B) oarcel s. I o.'nmnf,.t,. hv Tvnewriter. Ink. or Ball Point Pen !. I / J •' r ~6)6Address of Sender Check type of mail or service : Affix Stamp Here .. .. , CITY OF COLLEGE STATION (If issued as a O C ertified 0 Recorded Delivery (International) certificate of mailing, L=: --r'i.~ " ., * P.O . Box 9960 0 COD 0 Registered or for additional t-~'iS~~ 'a.-* -· 0 Delivery Confirmation 0 Return Receipt for Merchandise copies of this bill) ~~~~ '1 * College Station, TX 77842 0 Express Mail 0 Signature Confirmation Postmark and .r , tQ~' * * 0 Insured Date of Receiot -u UP 2.6'0 1 2 L .. ,~ : 0 .7 5 -* - Line! Handling Actua -* Article Number Addressee Name, Street, and PO Address Postage Fee * Charge if Reg PBMKIA * • . ~ . TV .. 7114167 U.&. POHAOI. • 01-199 -• Hadley & Tracy Havel 3340 Picadilly Circle College Station, Texas 77845-4741 01 -199 Anthony E Ginger K Rogers 3335 Picadilly Circle College Station, Texas 77845 >-.. ~ 01 -199 ~ ·-> Jon Hildebrand ·-cu -(.) -· 3055 Barron Road = Q Ill k'("GE~ h_ c c a: College Station, Texas 77845-3911 ~ ·-"' i f( !0 ~ ·-"' Cl.I -.. .. ca c .. :I c >----=.'. ... (,) -I \<o~e ):) o-:c .. Cl.I 10 ·-.. .. a: .. ·-en \ ft! ... -\ ~~~ :;/ E ... .:: w 11 ~ -~ 0 ~ a: .. () ·-c Q) a. 12 0 .. en ·Co}-_:a .... 13 >-ta .. c ... . 5:' 14 > en ·--... 15 '~?~" Total Number of Pieces Postmaster, Per (Name of receiving employee) Th e full declaration of value is required on a I domestic and international registered mail. The ma ximum indemnity payable for the Lista er Received at Post Office reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to ~ ,;5)U~ additional limitat ions for multiple pieces lost or damages in a single catastrophic occurrence. The max imum indemnity payable on Express Mail merchandise insurance is $500, but optional Express Ma il Serv ice me rc handise insurance is available for up to $5 ,000 to some , but not all countries . The maximum indemnity payab le Is $25 ,000 for reg is tered mail. See Domestic Mail Manual A900 , S913 , and S921 for limitations of coverage on insured and COD mail. See lnternalional Mail Manual for limitations of coverage on international mail. Spec ial handlina charaes aoolv onlv to Standard Mail (Al and Standard Ma il (6) parcel:;. / "'---·-~-L.. •• T •• --...... za--1-t.. -• a-11 n-1 ... + Dnn / J I I September 26 , 2001 TO WHOM IT MAY CONCERN: Re: Variance request for 3325 Picadilly Circle. NOTICE OF PUBLIC HEARING This is to notify you that the City of College Station is considering a variance request for the following property: Applicant: SOUTHERN ESTATE HOMES Subject Property: 3325 PICADILLY CIR (See attached location map.) Proposed Variance: Front Setback The Zoning Board of Adjustment will hold a public hearing on Wednesday, October 1 O, 2001 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 . Jennifer Reeves Staff Planner BCAD_ID R13819 R13820 R93504 R93505 R95162 R95163 R95164 R95165 OWNER_NAME DUNLAP , WA & BEVERLY J FURRER , THOMAS , EDWARD E JR & JAMISON , RICK & DONNA HILDEBRAND , CALEB J & VERONICA B SAVAGE, GENE B HAVEL , HADLEY & TRACY ROGERS , ANTHONY E & GINGER K HILDEBRAND , JON ADDRESS_ 1_ ADDRESS_2_ PATRICIA J VOGEL & THOMAS L BROW~ 3104 BROADMOOR DR PENELOPE (PENNY) SUE THOMAS 3141 BARRON RD 3055 BARRON RD 8714 BENT TREE DR 3340 PICADILL Y CIR 3335 PICADILLY CR 3055 BARRON RD 14222 BUGGY LN STA ZIP ~ ·~ TX 778022100 ~'\_Q..f°'\ TX 778456882 Q_ .S . TX 778454749 TX 778453911 TX 778455546 TX 778454741 TX 77845 TX 778453911 LEGAL NOTICE DA TE TO BE PUBLISHED: WEDNESDAY, SEPTEMBER 26, 2001 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 consider a front setback variance for 3325 Picadilly Circle, lot 14 , block 5, Westminster Subdivision . Applicant is Southern Estate Homes. 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 Wednesday, October 10 , 2001. 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 . Jennifer Reeves Staff Planner