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VAR2001-500016
" To: Re: Zoning Board of Adjustment City of College Station Appeal to variance denial By This letter of appeal is submitted for the followi February 19 , 2001 ro Q k :sl Landsburg Court. An eight (8) foot variance to the front setba s requested. I understand that an appeal may be considered if new information is available. During the February 6, 2001 ZBA meeting, my request for variance was denied. The following information is presented for consideration: Special Condition: 1. A building inspector made an error during the foundation inspection and the front encroachment error was not discovered. A green tag approval for the foundation was given. Accompanying Special Conditions: a. The foundation contractor made an error in measurement when forms were set. A string line was pulled between front property stakes and the radius of the cul-de-sac was not accounted for. b . This error was discovered after the home was past 90% complete . Undo Hardship: 1. If the property is not granted the requested variance, a mortgage company cannot grant a normal policy of title insurance. This causes hardship for any buyer. 2. Reconstructing the garage on another part of the property solves the encroachment but the total heated area of the home will be increased by 300 sq. ft . When the home is sold for its' listed price, the price per square foot will drop by $11 .50 sq. ft. and diminish comparable home values in that area. 3. Under the assumption that setbacks are intended on one-hand to prov ide aesthetic continuity to a neighborhood, that this property would by unique on Landsburg Court as the only home with a detached garage. Thank you for your consideration. Sincerely; k i<Jc:kur- Tom Adair Development Services Department Request for Public Information Date of Request: -Z.,,· \~ 0 \ Name: __ ::r;~ MtY.~ Address: (RO-i, ~~~J.s J)~Jci-C~\Y-.. 113£.tS Phone #:_'1_'P\ ~$_? __ ~ Fax ;;.-°Cl:'\ ~q S D SO'Z..- INFORMATION REQUESTED: (Please no!e : The cost ofall 24 x 36 pages will be dependant on the City's cost for each page copied. Additional charges may be incurred for non-standard copies .) Please be a.s name/date specific as possible. 0 SITE PLANS 0 DRAINAGE REPORT D PLANNING CASE FILES In making this request , I understand that the City is under no obligation to crellle a document to satisfy my request or to comply with a standing request for information . I further understand that the information will be released only in accordance with the Public lllformation Act, Government Code, Chapter 552, which may require a determination as to confidentiality by the Texas Attorney General prior to a release . I further understand that the City of College Station has 0 wo n da s from date of reqif st in which to solicit such a determination. -7.~~, rV CITY USE ONLY Date Comp leted ) -i 1 -o I Employee J'( o I\ . ·+,r gee Je.S No. of Original Pages_--+------Cost ------·- "ON Xl:::l .::l WOC:l.::l 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: February 19, 2001 #of pages including cover:--=5'---_ Jf you did not receive a complete fax, please call our office immediately for a new transmittal. TO:_--'E=u=g=e=n=e--=T=h=o=m=t=p=so=n~A=d=ai=r __ FAX: (979) 693-8502 RE: 214 & 216 Stuttgart setback variance applications. FROM:_---=-J..;:;..:enn=ifi=e-=--r ~R=-ee-=--v'"""'e=s __ _ PHONE: (979)764-3570 COMPANY: ______ C=it.,,._y-=o.:....f-=C-=o=ll-=..ieg=e:....:S=t=at=io=n"'---------- REMARKS: D Urgent ~ For your review D Replay ASAP D FYI Please call if you have any other questions. Thank you, Jennifer " ll'Olt OFFICE USE O,.,"L Y CASEN0.1 l>A'J"t $Ul1Ml'ITED: ___ _ ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS; _Filing Foo of$7S .OO. _Application completed in full. _ Request fotm complotod in full. _Additional materials may be required of the applicant such as site pl!W, clc..-atlon dro.winp, aign ck:talb and floor plans. ~ Ziooin& Official shall inform the applicant of any extra materiw roquirod. APPLICANTIPR01ECT MANAGER'S INFORMATION (Primary Conact for the Project): Namo w i2-~S C£>p..i~u~ ~ City aP~-b>E-~-.::C:Z:, ,._) State -r-~ Zip COdc ..-,--, g H '5 E-Mail Address W r+u Db~t;A.~( ~Nl. n~~ PhoneNumboc(t:t-i~')"?c,).l. -q-z&o Fax Numbc(l'.1(cV (o°t{q-'50~1. PROPER1Y OWNER'S INFORMATION: Name S'AM-E, Mailing Address ---------------City _________ _ State ___ _ Zip Code ____ _ E-Mail Address ------------ Phone NUD\l)et _________ Fax Number---~------------ LOCATlON OF PROPER1Y: Address :2.1 v -'5~b~ Lot q Block ~ '5 -'---~-- I>eicriptioa if the.re is no Lot, Block and Subdivision -------------------- Action Requesred: (Circle One) ~ Parking Variance Sign Variance Appeal of Zoning Official's Interpretation Special Exception Other ---------~-~t Zoning of Subj~ Property (2...-\ _. ____________________ _ Applicable Ordinance Soction -'-"-~_2 ______________ ~-----~-- . The applicant has pr~pared this applicat/011 and certljlts zhat the/acts stared herein and exhlb/tJ attacJwd hereto are true, correct and complete . ..... A 11/) A Vv'I' .!.p- Signature and Title zeA APPLICATION · ZBMPf' .DOC 3l2MIO Date 1 of2 ·-. / ($·~ .. \>"..lt~• ~lA.ll(t"I! VARIANCE REQUEST This variance is necessary due to the following special condil.ions: l'UK U.lfH\Jg UIS.I!. UNL'X CASE NO.; DAT! SUBMJTTED: ___ _ I ~~-:C..$ ~ .......... ~ <~ '?f.-A.,...J NA~ APP~o.Je.o Q,.Y Co'--"-e_c?f;. ~~,._:> ~·~~ ~~, ~"'D...~ t=o~f'..:JQ 'E.~c...t1.D~...7L' .p...-r c. 0 . -r;,,.J~Jr-0..J • The unneces!lal)' hardship (1) involved by meeting the provisioos of the ordiMMe other than fuw\cial hardship Wuc: -:r...-:> oru:>rall... :rp A?s,o-;caars -n-n'! ttc...~s '"P"'S. -rµg 1=G.ONr 'Sc~. ~.t=:?tD.)" C-1''.VV~~e ~-;_ f.-!..•~ WA.~ PV~'E.C> '6ALIC..1::-...,,ro 'lµe L-ol. 11,~oSDq l\.ss..-.,.....,,~,.:yTf-7£ 1 o' put'3_ t-Oc.....A"Tr~~-t 'll--..e R.~ D~~£...c:-oPe.rx.rr \J.Jf\.-<,.-cc .. l.:I"-::-~vt:~or:::,..,;ib i.,r,:">~~ I The following alwmatives to the requested variance are p<>ssiblo: This vari.a.noo will not be contrary to the public interest by virtue of the following fiwts: ~L "t' ~ A.--r-~"C.'S ~ ::z;:s. LAn..t:.;e ::r.,..> p/).bpo(L'"C'r.o.J ~ :::i::: Oo~~~L-~l~-X:.-r ~'-L~ ~ Pl1.~r'V'\4\:°0<"(""l-l.c:..Sf'!f:!X ~S "'t on...-n .. ,e: ~ A.ES-C-g:E i'!LGS ot=-n-l:t:..$ C(l,, 'S:V~ PltoP~. -r~ I-lo~ 'S'.~ o,.J -:r:.:r;;. 0""",..J l,..:cJ==. The facU stated in this applkation are true and correct . ,_,CJ!. fl-: App~ 20'2 -"~-~ FOR OFFICE USE ONLY CASE NO.: -· DATE SUBMllTED:·---- C.OlllGl STA110N ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: __ Filing Fee of $75.00. __ Application completed in full . __ Request form completed in full . __ Additional materials may be required of the applicant such as site plans, elevation drawings, sign details and floor plans. The Zoning Official shall inform the applicant of any extra materials required. APPLICANf/PROJECT MANAGER'S INFORMATION (Primary Contact for the Project): Name k-' .fl-. <(Z,~s Mailing Address :i..1 lo "S~~ City Lo~~~ State <"'["-?( Zip Code 1 '1 ~ J.l s E-Mail Address Wt""+ J bt)s @eu..rth. ( ~ l'\.\l • (\L l- Phone Number t q_")q \ I c.,.z..\-°i.-i~ C> Fax Number -'(_C\_"'1_<li_~t--Cd1_cP_-_'5_o_%_?:--.,__,_ _______ _ PROPER1Y OWNER'S INFORMATION: Name S~ Mailing Address ---------------- State ____ Zip Code _____ E-Mail Address ------------ Phone Number Fax Number --------------------------- LOCATION OF PROPER1Y: Address ~ L "')..\ S~t...;o.-.ll.:r Lot ~ Block ~5 Subdivision ~~ Pt!... (-A --------- Description if there is no Lot, Block and Subdivision --------------------- Action Requested: (Circle One) Sign Variance Appeal of Zoning Official's Interpretation Special Exception Other ----------- Curr~tZo~ofSu~ectProperty _fl..._-__,_l _______________________ _ Applicable Ordinance Section _1_"'_""3_~-------------------------- The applicant has prepared this application and certifies that the facts stated herein and exhibits attached "iereto are true, co"ect and complete. f.r_;/l._, fh P 12..~m'EP\ Signature and Title ZBA APPLICATION ZBMPP .DOC 3125199 Dafu 1of2 VARIANCE REQUEST The following specific variation from the ordinance is requested: FOR OFFICE USE ONLY CASE NO.: DATE SUBMI'ITED: _____ , 1-tl..p_,....-a..."C.b~T"" ~e o<t..., t=AST' ~~ ry-c=-1-lb'"'=E. -S"€TP.;.AeJ<<... Fll...o""' / .t$ Foci"\ TO ')\ '°F<C;:•P-Y- This variance is necessary due to the following special Conditions: ~ vJ~ o "\f E<"L. 'So o/<=> C..o """"'P LF:..l:"'e. W kC:. ,..J P::.vc.LD~ "'PiourvO 'E,..J £..fl.o~ fr.l..fl->11!:.,.,... , -S.-r:'~l:7 ~ v->~ "'SC;:_T A.."T'~~~~~,_.J p.._ C:::>fl.:E.c....)---r'"A.& W~'":>Z.~VE::.0 The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial hardship is/are: ot==--f"µ._E..-(1 .. Ul.F-t:=.. Pc.N~ -:t:.r->l~"l'.$ L-OC..~"l"°:C.O..:> Ar-JO ""'f::E::r u P -;;,..,_,o.a-rro.J Ac.eort.DT...::b Tl> TH~ ~...::> · Ou E '"\P 'T'"'l -4,e_ l1.Acn::.v$.. o N ~ r,:=.n_ o ..J\ ol'.=. .,-~pc; I,.. oT"' -;:::o ",..._, 9£tt:I::ON C-o ....JT)'1.A c..r-o 13.. PV"T"".-At)f't."'E "E.O,P~:;;.1 ;s. o.,.J -n....lt=: ~c....Ji" -S er E!-A<:J< Q.&cl~I\ -rH,-.....Jl,...rr: "§;.C.o ':S The following alternatives to the requested variance are possible: This variance will not be contrary to the public interest by virtue of the following facts : 1.-ki~ ~--r.; c.,...)-ctS 01r->,....> t-c5l. ~~ ~~~ SE..~CJL..S ~-e:cwe.t: .V p...C>::SAL.;€..~ c..ors oo ,..:>oT Posa A SA.~'l't"~~. tb~'=A. A..v'f.c ~r->1...""Cr;vP. s ~-AE. -:cs. i.;)o 'SA<...n:t:P.J;.'-310 14~ A'E-.$t-t4E:.i-t:.c...~ 01=-rn.(."t;S <Yt. '<vll.t\._o~..l& The facts stated in this application are true and correct. Applicant VARIANCE REQUEST VARIANCE.DOC 3n.Sl99 2ofl 62-DG NamOfntlePe~t~GE STATION P.O . Box 9960 College Station, TX 77842 01 -1 6 Lieven J. Van Riet Trustee 1901 San Jacinto Houston, Texas 77002 01-16 Resident 205 Landsburg Court College Station, Texas 77845 01-16 Resident 209 Landsburg Court College Station, Texas 77845 01-16 Resident 211 Landsburg Court College Station, Texas 77845 01 -1 6 Resident 202 Landsburg Court College Station, Texas 77845 01 -1 6 Resident 206 Landsburg Court College Station, Texas 77845 I otal Numoer or t'1eces Listed by Sender 1 01a1 Numoer or t'1eces Received at Post Office PS Form 3877, August 2000 Check type of mail or service : Affix Stamp Here D Certified D (If issued as a ~ --:__:__:··-~bl r."'!::'t-·.:....r--·- Recorded Delivery (International) certificate of mailing, 'i:"" \. G ~ fi ~~ ~ ~-,,;,;;;;:; -· D COD D Registered or for additional ...., "f .>' ~ -t D Delivery Confirmation D Return Recei pt for Merchandise copies~) ,.. ~ ·• : § ~::~~s Mail ___ o_s_ig_n_at_u_re_c_o_n_fir_m_a_tiorn----+""'~"'~'7~ZF::o""t'-'%~~k2"'..,a'f"~"'~"'-t-(.._,0,,,.:...-"''l~(.~:('.'~l\' f ~AN 2 4'0 J ~ti wt · = 1 .5 0 = ! _:tr_ee_i ._a_nd_Po_Ad_d_re_s_s ---+-P-os_ta_g_e-l-l-'r"'rtfjf,-'!--{~c":t:~"--':iit;Ha""flan"'-d-"l':&. ... 9"-H\-1:~cr.·~'-,1l .~ .. , p lt4erel : 1 ,(f.i\!:,>~ ~ J~;~r ~ 1011131 U.S. 'OST.A.GE ! ~~~~~~+--~--l~\--'~~~_,,_,··~·s......,.~ ,,~if~:>v >-.. .... ~--.~ = Cl.I ~ u m Q cu c c r:c ~ ·-'Pl ·-"Cl Cl) -.... .. ~ c .... :I c f-: -(,) -o-:c .. Cl.I ·-.. .... r:c .... ·-It> ft! ... -E .. :: .., 0 ~ r:c .. (,) ·-c GI Cl. 0 .. en ti.)-f-::J .... >-ns .. c ..., .:· > ·-en -... r-os1mas1er, r-er 11vame of receiving employee) The full declaration of value is required on a I domestic and inlernation al registered mail. The maximum in demnity payable for the reconstruction of nonnegotiable documents under Express Mail do cume nt reconstruction insurance is $500 per piece subject to additional lim itat io ns for multiple pieces lost or damages in a single catastrophic occurrence . The maximum indemnity payable on Express Ma il merchand ise in surance is $500, but optional Express Mail Service merchandise insurance is available for up to $5 ,000 to some, but not all countries. The maximum inde mn ity payable is $25 ,000 fo r registered mail. See Domestic Mail Manual R900 , S913 , and S921 for limitations of coverage on ins ured and COD ma il. See International Mail Manua/for limitations of coveraQe on internatio na l ma il. Spec ial hand linQ charges apply only to Standa rd Mail (A ) an d Standard Mail (8 ) parcel•. Complete by Typewriter, Ink, or Ball Point Pen . '~ 62-DG N ~Ti'T(cl©f; Check ty pe of mail or se rvi ce : ~~~pHe re P.O . Box 9960 D C ertified D Record ed D elivery (lnternationl JE~'f!Jai111tg, ~ ~~ s ·,. ~:£,..,ir~:;..~ ... College Station , TX n842 D COD D Registered or · r additional ~ )1 -D De livery Confi rmation D Return Recei pt for Merchandi pies of t~fll •O " .. ,,.~ ~· • D Express Ma il D S ig nature Confirmation • ~"'I o <>~~ ~rt?~ ~~d ! ;; ' -0 .5 0: .. D Insured c: "JT':l<fP.l:RIDJ -,, I(,) JAM 2 4'0 1 2 t l -• ~ ~~~ -.. Posta l(S ,4~· * reel, and PO Address • l'l. g ~v"A I * 01 -1 6 ~ 1 ~ lfo!ETE! • e "--?011731 U.S. POST.&.GE .. Resident -• ~ESTATION 210 Landsburg Court ~ College Station, Texas 77845 01 -16 Resident 212 Landsburg Court College Station, Texas 77 845 6 ~ .. .. .. -~ = 7 > Cl) ·-~ (.) a') Q Q,I 8 s:: s:: a: !"\ ·-"" ·-"Cl Cl) .. .. 9 ns c .... ::s c _,.... -u .... o-liii :c .. ~ 10 .. a: m ' -Ill E ::; a: 11 ~ ·-(J c 4> a. 12 0 .. ,,,, c-_:I .. 13 ::... ns .. ~ ~ ... .:::· 14 > ,,,, - 15 Q Total Number o f Pieces Total Nu mber of Pieces Post ma ster, Per (Name of re ceiving employee) The full declaration of value is re quired on a I domestic and international registered mail. The maximum indemnity payable for the Listed by Se nder Received a t Post Office /Mn~ reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $500 per piece subject to ~ ir10 Vvw' additional limitations for multiple pieces lost or damages in a single catastrophic occurrence . The maximum indemnity payable on Express Mail merchandise insurance is $500 , but optional Express Mail Service merchandise insurance is available for up to $5 ,000 to some, but no t all countries . The maximum indemnity payable is $25 ,000 for reg istered mail. See Domestic Mail Manual R900, S913, and S921 for limitations of coverage on insured and COD mail. See International Mail Manual for limitations of coveraae on international mail. Soecial handlina charaes aoolv only to Standard Mail (A) and Standard Mail (B) oarcels. PS Form 3877, August 2000 Complete by Typewriter, Ink, or Ball Point Pen January 24 , 2001 TO WHOM IT MAY CONCERN: Re: Variance request for 203 Landsburg Court 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: EUGENE THOMPSON ADAIR, IV Subject Property: 203 LANDSBURG CT (See attached location map.) Proposed Variance: Front The Zoning Board of Adjustment will hold a public hearing on Tuesday, February 6, 2001 at 6:00 p.m. to consider the variance . 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 hav e received notification of this request. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting . To make arrangements call (409) 764-3547 or (TDD) 1-800-735- 2989 . For additional information, contact the City Planning Office, (409) 764-3570. Molly Hitchcock Staff Planner ,. :·· I .. , ·' ; ' . ' II' ' / I ':, J .... '\. .1•, I • •, • I 2 ~ ~ . .. 1·,,1 · '·· ,I ·, ,' ,, l, ... -: ... ; . ~l . ,, • Ill... ~ ... ~ • J.'-. . \ '• .' r ,1 I .i ,.,/" ,i ·~ l 1'H, •. .... ,a.··,.• •. 'f f L." I , I . . . .. .. , .. . . ' '• ''. . ' : . .. \, I -; From: To: Date: Subject: Natalie Ruiz Deborah Grace 1/18/01 2 :01PM Notices for the Landsburg Case Joaquin did the ownership research for this case . What he found was that the "certified" tax rolls show all of this under one ownership . It doesn 't reflect the plat and the new owners. He's going to give you the certified tax roll list. Why don't you find out if there are any homes built along that cul-de-sac? If so , just send a notice to the resident at that address. I want to make sure we don't miss any new residents on that street because of a technicality. (One of the girls up front should be able to tell you if any houses have been C .O.'d over there .) Thanks Grace! Natalie Thomas Ruiz , AICP Development Review 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. .. ; I, .~. ... ,,. 'I ,. I ·' " ' ' .. . ·' ~ ... .. ,1 . , '· . ' ..... ' ' . l•. i.•. ... . 1. \ f • ~ ...... '· ... ' ~ t ... • r • t · .. r! ... ·.·i_.'' ... ,· ·'"' .... . .. , . '~ 1 . > 't .. :, . , I. ,.l. t • .r . l. . .~ .. .. t~' · .. · .. . . ~ .. LEGAL NOTICE DATE TO BE PUBLISHED: WEDNESDAY, JANUARY 24, 2001 ONLY BILL TO: Deborah Grace The City of College Station P.O. Box 9960 College Station, TX 77842 Mastercard# 5405 82319379 5734 Expires 3/02 NOTICE OF PUBLIC HEARING: The College Station Zoning Board of Adjustment will hold a public hearing to consider a front setback variance for 203 Landsburg Court, lot 12 , block 22, Edelweiss 7-B . Applicant is Eugene Thompson Adair, IV. 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, February 6, 2001. Any request for sign interpretive services for the hearing impaired must be made 48 hours before the meeting . To make arrangements call (409) 764-3547 or (TDD) 1-800-735- 2989 . For additional information, please contact me at (409) 764-3570 . Molly Hitchcock f.ft,t Staff Planner ,i I ~·' ·' .J ·. ;, .. . . •' : I ... • . '. J' , , . ~. . ' '\ .. \) ,. .. '"'· . .. • .. I '• t .. .; (.' ··p' t I . . : . 20 3 Landsburg Court January 30, 200 1 INTRODUCTION (Slide) Good evening, my name is Jennifer Reeves I have been with the city for right at 17 years now, I transferred from the Electrical Division at Public Utilities as a Planning/Projects Coordinator. So I am a fairly new addition to Development Services; I am a Staff Planner. I am going to be presenting to you a front setback variance request. * I would appreciate any questions following my presentation be directed to Staff Planner Molly Hitchcock. (Saml) BACKGROUND Eugene Thompson Adair is requesting an 8' front setback v ariance for 203 Landsburg Court to legitimize a setback error made during construction. The subject property is located in the Edelweiss Subdivision , "F or those of you who ar e not fam il iar with thi s loc at ion, this Sub di v i s io n is bounded by Roc k Prairie R d., Wellborn Rd., Mort ier Dr., and Victoria Avenue". This is in an R-1 Single Family Residential Zoning District. (Slide 2) According to the City of College Station Zoning Ordinance , property in an R-1 district is required to have a minimum front building setback of 25'. The front portion of the house, which is the garage , would encroach 8' into the front setback. CASE OVERVIEW This case involves an error made by the builder in establishing the front 25' setback. The setback should have followed the curb of the cul-de-sac, but instead was drawn in a straight line. The applicant has offered no special conditions. The applicant did offer on his application under hardship, that the purchasers would be delayed from moving out of their son's duplex. The son is a Texas A&M Vet Student, and needs a quiet environment for his studies. The applicant states that the only alternative to the variance is to tear down the home, and rebuild. Staff believes that a viable alternative might be to remove the portion of the home that is encroaching, and there possibly might be enough room to build a garage in the rear of the property, but staff has not seen or reviewed any proposals showing this at this time. 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 the health, safety and welfare. Related Cases The Board has approved front setback variances where unique special conditions existed, such as the most recent cases where front setback variances were approved, due to large easements on the property. The Board has granted side and rear setback variances in this same subdivision due to construction error. (Slide 3) This is 203 Landsburg (Subject Property) (Slide 4) Example of a house on a cul-de-sac with a 25' setback. (Slide5) This is 203 Landsburg as your approaching it entering the cul-de-sac. (Slide-Bullet Points) Zoning Ordinance 15-1 (E) To authorize upon appeal variances of the minimum setback, from the terms of this ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. RESPONSES One person came to the office to speak against this request. SITUS_STI OWNER_NAME OWNER_ADD1 OWNER_Cln OWNER_ ST FM 2154 VAN RIET , LIEVEN J TRUSTEE 1901 SAN JACINTO HOUSTON TX ZOO LL dlZ-~3NMO 10 R-1 ~[Q)~[1\YR{7~0~~ IDM~D~~~~ ~[K]u~OO ' BL 2 NOTICE OF PUBLIC HEARING : The College Station Zoning Board of Adjustment will hold a public heari ng to conside r a fron t setback variance for 203 Landsburg Court, lot 12, block 22, Edel we iss 7-8. Applicant is Eugene Th ompson Adair, IV. The hearing will be he ld in the Council Room of the College Station City Hall, 110 1 Texas Ave nue at the 6:00 p.m. meeting of the Board on Tuesday, February 6, 200 1 Any request for sig n in terp retive servi ce s for the hearing im- paired must be made 48 hours before the meeting . To make arrangemen ts call (409) 764-3547 or (TDD ) 1-800-735-2989. For additional information , please contact me at (409) 764- 3570 . Molly Hi tchcock Staff Planner 1-24-01 CITY Cf COLLESE STATION REPRINT Hf CUSTIJIER RECEIPT Hf OPER: HCROCE CT DRAWER: 1 DATE: 1/16/01 00 RECEIPT: 0099809 DESCRIPTION QTY AMOUNT TP TM $75.00 IPL CA 2001 500017 1 PL.ANNING & ZONIN 2001 500016 ~ING & ZONIN TENDER DETAIL CA DATE: 1/16/01 TOTAL CASH AIOJNT TENDERED nm< YOU $75.00 fPl CA $150.00 TIME: 16:41 :53 $150.00 $150.00 1 @Mu®D@~ ©D"iJW [10~0u® 10 6i!J·~r Cily o f Co ll ege Lalion , Te xas ~ PLA NI NG DIVIS ION A-0 2 0 3 LAN DSBURG CT. ZBA 2/06 /2 001 ET BACK VAR I ANCE MINUTES Zoning Board of Adjustment March 6, 2001 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Hill, Lewis, Richards Alternate Members Goss & Corley . MEMBERS ABSENT: Sheffy & Alternate Member Birdwell . STAFF PRESENT: Staff Assistant Grace, Staff Planners Reeves, Hitchcock. 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 any absence request forms -Graham Sheffy. Mr. Goss made the motion to approve the request. Mr. Richards seconded the motion, which passed (5-0). AGENDA ITEM NO. 3: Approval of minutes from February 6, 2001 meeting of the Board. Mr. Goss made the motion to approve the minutes as presented. Mr. Lewis seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Consideration to rehear the front setback variance request at 203 Landsburg Court, lot 22, block 22, Edelweiss Estates 7-B. Applicant is Eugene Thompson Adair IV. Mr. Corley stated that the special condition noted is that the Building Inspector made an error during the inspection. It is his understanding that the city is not responsible for that. Chairman Hill replied that was correct. Basically what happened was the Building Inspector went to inspect the forms prior to the slab being poured. The lot being in a cul-de-sac, the builder pulled the string between the two front points of the lot. The string was pulled straight across not allowing for the curvature of the lot . The inspector measured the setback of the forms, as they were set based upon the string that the builder pulled . It is considered to be the builders responsibility to provide the correct reference point from which to measure the setbacks. Mr. Corley stated that with no other special conditions listed he would have to deny the request to rehear this case. Mr. Corley made the motion to deny rehearing the case. Mr. Goss seconded the motion, which passed unopposed (5-0). ZBAMinutes Mtll'ch 6, 2001 Pagel o/4 • AGENDA ITEM 5: Consideration to rehear the front setback variance request at 200 Augsburg Court, lot 10, Block 24, Edelweiss Estates 7-B. Applicant is Eugene Thompson Adair IV. Once again Mr. Corley stated that with no other special condition listed he would have to deny rehearing the case. Mr. Corley made the motion to deny rehearing the case. Mr. Goss seconded the motion. Mr. Lewis stated that he wished under the rules of this Board that there were some provisions for errors made like this . Chainnan Hill stated that the Board is sympathetic to the builder but this Board is bound by rules, procedures and regulations that they have to abide by . The Board voted unanimously to deny rehearing the case (5-0). AGENDA ITEM NO. 6: Consideration of a side street setback variance on lot 13, block 2, Lloyd Smith Addition (Churchill Street). Application is Habitat for Humanity). Ms. Hitchcock Staff Planner stepped before the Board and presented the staff report . Ms . Hitchcock told the Board that Habitat for Humanity is requesting a 1 , side street setback to allow for the construction of a home on the lot . The subject property is undeveloped . A house is planned for this lot that will encroach into the required side street setback. The side of the house will extend approximately six inches over the side street setback line . The size of the lot in conjunction with the comer location could be considered as a special condition. Although the subject property meets the minimum width for R-1 , it has a greater setback requirement than the interior lots of 50-ft width . That is , houses on interior lots are required to be set back 7.5 ft from each side property line . The end property must be set back 7 .5 feet on the interior side and 15-ft from the side street. Since the lot at the comer of Churchill and Preston on Block 2 was not designed to equalize the buildable space available within the whole block, lot 13 is at a disadvantage compared to its neighbors . The Lloyd Smith Subdivision, where the subject property is located, is one of the original neighborhoods in College Station. Subdivisions that have been platted in more recent years have accommodated the increased setback requirement with larger comer lots . Since the property does meet the minimum 50-ft width, the Board must decide if this parcel has a special condition, or if the situation is a general condition. If the Board considers the fact that the lot size is approximately the same as its neighbors but has greater restrictions placed upon it as a special condition, then a hardship would be the inability 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 be considered in addition to other hardships . The City of College Station on February 22 donated the subject property to Habitat for Humanity 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 created for each project, but are used repeatedly by the organization on different properties to reduce the costs of the homes. ZBAMinutes March 6, 2001 Page2of4 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 one-foot side street setback variance request: I . Grant a lesser variance . The applicant has stated that the plan for the house would encroach six inches into the required setback. A variance of 6 inches would still allow for the construction of the home . Additional inches would create room for a small margin of error. 2 . Do not grant the variance. The structure is in the planning phase, so at this time, no physical encroachment exists . A denial will require the applicant to design a house that meets the side street setback requirement 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. Mr. Lewis spoke about the other variances granted in the neighborhood and many of them are on comer lots . Ms . Hitchcock told the Board that each case stands on its own merits . This does show the problems that an older neighborhood does have . Chairman Hill opened the public hearing . Randy Brumley, City of College Station Community Development Administrator, stepped before the Board and was sworn in by Chairman Hill. Mr. Brumley told the Board that the neighborhood has poorly maintained and substandard dwellings . The City of College Station has taken a position to encourage and promote as much as possible development in the area. Mr. Goss asked what the square footage of the proposed house is . Mr. Brumley replied that he did not know but the applicant was present and could answer that question. Mr. Goss asked if the City of College Station is supporting this request . Mr. Brumley replied yes . The City Council approved the donation of the property to Habitat for Humanity . Patricia Burk, Executive Director of Habitat for Humanity, stepped before the Board and was sworn in by Chairman Hill . Ms . Burk asked the Board to consider the request. The house is 1160 square feet and the intention is to have a drive entry off of Preston Street to the back of the house . The house plan is one of 5 plans . This particular house plan is the narrowest they have. With no one else stepping forward to speak in favor or opposition, Acting Chairman Hill closed the public hearing . Mr. Lewis made the motion to authorize a variance to the minimum setback by one foot from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: narrow lot created prior to city setback requirements for side streets; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: very small buildable area on the lot; and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Richards seconded the motion, which passed unopposed (5-0). ZBAMinutes March 6, 2001 Pagel of4 .. AGENDA ITEM. NO. 7: Future Agenda items.: No items were discussed . AGENDA ITEM NO. 8: Adjourn. The meeting was adjourned. APPROVED: ~&~ Leslie Hill, Chairman ZBAMinutes March 6, 2001 Plll!e4of4 MINUTES Zoning Board of Adjustment February 6, 2001 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chainnan Bond, Sheffy, Hill, Alternate Members Goss & Corley. MEMBERS ABSENT: Lewis, Richards & Alternate Member Birdwell . STAFF PRESENT: Staff Assistant Grace, Staff Planners Reeves, Hitchcock, & Jimmerson, Customer Service Representative Messarra, Staff Assistant Hazlett, Secretary Macik, Building Official Simms, Assistant City Attorney Anderson, Development Review Manager Ruiz . AGENDA ITEM NO. 1: Call to order -Explanation of functions of the Board . Chainnan Bond called the meeting to order. AGENDA ITEM NO. 2: Consider any absence request forms. John Richards and Rodger Lewis received approval for their absences . Mr. Goss made the motion to approve both requests. Mr. Sheffy seconded the motion, which passed (5-0). AGENDA ITEM NO. 3: Approval of minutes from September 19, 2000 Workshop meeting of the Board. Mr. Corley made a correction to the minutes. The word majority in the first paragraph on page one was replaced with the word minority . Mr. Hill made the motion to approve the minutes as corrected. Mr. Corley seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Approval of minutes from October 3, 2000 meeting of the Board. Mr. Sheffy made the motion to approve the minutes as written. Mr. Hill seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 5: Consideration of a front setback variance at 203 Landsburg, lot 12, block 11, Edelweiss 7-B. Applicant is Eugene Thompson Adair IV. Jennifer Reeves; Staff Planner introduced herself to the Board. Ms. Reeves told them that she would be presenting the report but for them to refer any questions to Staff Planner Hitchcock. Ms. Reeves told the Board that the applicant is requesting the variance to legitimize an error made during construction of the home. This case involves an error made by the builder in establishing the front 25-foot setback. The setback should have followed the radius of the cul-de-sac, but instead was drawn in a straight line . . The result is a variable encroachment that reaches 20 feet from the property line to the closest part of the home; thus the applicant is requesting a front setback variance of 8 feet . ZBAMinutes February6, 2001 Page I of7 ' The applicant states there are no special conditions . The applicant did offer on his application under hardship , that the purchasers would be delayed from moving out of their son's duplex . The son is a Texas A & M vet student , and needs a quiet environment for his studies . The applicant states the only alternative to the variance is to tear down the home and rebuild . Staff believes that a viable alternative might be to remove the portion of the home that is encroaching, and there possibly be enough room to build a garage in the rear of the property, but staff has not seen or reviewed any proposals showing this at this time . Ms. Reeves showed the Board pictures of the home. Ms . Reeves ended her presentation by telling the Board that one response was received concerning the encroachment. The response was in opposition . Mr. Sheffy asked M s. Hitchcock what was the concern of the response in opposition. Ms . Hitchcock stated the concern was from someone who lived on the street and he did not like the appearance of the home. Mr. Goss asked is it unusual for an applicant to come before the Board and ask for a variance and not have any hardships and special conditions . Ms. Hitchcock replied that they try to discourage the applicant but it is their right to apply anyway . Mr. Goss asked what is meant by special condition . Ms . Hitchcock told the Board that a special condition could be something about the property that is unique and particular to the piece property. Mr. Goss asked if a cul-de-sac would be a unique or particular situation. Ms. Hitchcock replied that a cul-de-sac would be a general condition . Mr. Goss asked if a foundation inspection was done and approved for the slab . The Building Official Mr. Simms who was in the audience replied that yes a foundation inspection was done and approved . Obviously the inspector did not catch the encroachment. Mr. Simms stated that on the tighter lots it is typical to have string lines pulled , especially on the side setbacks . Mr. Goss asked if the sting lines for the slab were there when the inspection was made . Mr. Simms replied that he spoke to the inspector and he did not remember. Mr. Simms speculated that the radius on this slab was probably not marked . Mr. Simms told the Board that the setbacks were clearly marked on the approved site plan Mr. Corley asked Mr. Simms if the house is built now as it was submitted and approved . Mr. Simms replied that it is not built as submitted . Mr. Corley asked if the house was built as submitted would it . have met the setback requirements . Mr. Simms replied yes and showed the Board a copy of the approved site plan . Mr. Simms told the Board that it is the builder's ultimate responsibility to make sure the slab is not encroaching . Chairman Bond opened the public hearing for those wanting to speak in favor of the variance request. Eugene Thompson Adair IV, the applicant, stepped before the Board and was sworn in by Chairman Bond. Mr. Adair told the Board that the mistake is his fault. When the slab was marked a straight line was drawn between the property comers and he made sure they surpassed the minimum setback distance from the straight line . Mr. Adair stated that they should have followed the curve. The deviation is equal to the distance between the straight line between the two points and the radius of the property line in the cul-de-sac . Mr. Adair told the Board that there are no special conditions. It is a nice clean lot with a lot of area. Mr. Adair stated that he has never built on a cul-de-sac. ZBAMllUlla F~6,2001 P111~2o/7 Mr. Adair stated that he understood that the hardships that he presented are not something that the Board or the city considers hardships . If a variance is not granted this does not keep him from completing the house or acquiring a certificate of occupancy. It does keep him from getting a clear title , which will keep him from selling the house and the buyers acquiring a clear title. The only hardship for the neighborhood would be for him to take possession of the house and use it as rental property. Mr. Adair told the Board that he lives in the Edelweiss Subdivision and he enjoys a nice family neighborhood . There are homes that are bought and rented to students and he does not want that in his neighborhood . Mr. Sheffy asked ifit is clearly marked on the site plan how the house is supposed to be built, why was it built otherwise. Mr . Adair responded that the measurements were taken from the wrong place . Mr. Adair added that at the beginning he thought he was only l or 2 inches to far forward into the front setback. It was not until the survey was done when he found out it was 8 feet encroaching and that really caught him by surprise . He determined he went to the wrong place to begin his measurements. Mr. Goss asked Mr. Adair if he considered what the city had proposed about relocating the garage in the back of the home. Mr. Adair replied yes he had considered it and it could be done. Mr. Goss stated that without any hardships or special conditions the Board could not grant a variance. Chairman Bond added that it is not an either, or, situation. There has to be a special condition that causes an undue hardship. A special condition has to be found somewhere . Chairman Bond asked Mr. Adair if he could come up with a special condition at all. Mr. Adair replied no. Mr. Adair ended by saying he had some difficulty in describing an undue hardship from the lack of understanding what it meant. And from the lack of knowledge being able to figure what a special condition would be. Mrs. Meschler, 2300 Pleasant Forest, stepped before the Board and was sworn in by Chairman Bond . Mrs. Meschler told the Board she and her husband have a contract to buy the home. They are retired and have moved here from Chicago . They will be here for at least 5 years. Mrs. Meschler told the Board that they wanted a home that was completed because they are living with their son in a duplex . They love the house and she does have some concern about someone being in opposition. Mrs. Meschler stated that she does not want to have any problems with anyone in the neighborhood . She expressed that she did not want to have problems with the home if they decided to sell in the future . Other properties were looked at but she wants this house. Mrs. Meschler told the Board that they have 3 big vehicles. If they have company will they're be enough room in the cul-de-sac for parking. Mrs . Meschler ended by telling the Board this is a tough situation and she does not know what to do . Mr. Sheffy asked Mrs. Meschler what hardship it would be to them ifthe garage was moved to the back of the home . Mrs. Meschler replied that her husband has also come up with the idea of placing the garage in the rear. The only thing they figured is they would have a very small backyard . And for resale that might be a problem. There were discussions about placing a driveway on the East Side of the home and park a vehicle there. Mr. Meschler stepped before the Board and was sworn in by Chairman Bond. Mr. Meschler presented to the Board pictures he had taken of the home . The pictures were taken from different points on the street. Mr. Meschler stated that he does not see where any problems could exist . Mr. Meschler said that he does not see how the encroachment distracts from the neighborhood. The only thing is the driveway is shorter. Mr. Meschler stated that he does not know what the over night rules are for parking on the street. ZBAMiluda Febn#lry 6, 1001 P~3of7 Again Mr. Meschler told the Board that they have 3 vehicles and his son has one, so basically there could be 4 vehicles . Mr. Meschler ended by saying that he did not know what else to say . Mr. Adair approached the Board again . Mr. Adiar told the Board that he is concerned that a special condition is going to sound like an excuse and that would take away his responsibility of placing the house in the correct place . Mr. Adair said his item of concern now might be a special condition . Again he stated that it is not an excuse . Mr. Adair told the Board that the property abuts the property where a new church is being built . The property line is a common line down the north backyard on Landsburg Court. In doing the pre-construction dirt work on the church, the field which was a cow field, had to be reworked . It also had a stock pond that was located midway between Rock Prairie Road and Landsburg Court . A water detention pond is now where the stock pond was and it catches water run off from the church building . There are two water detention ponds on the property and both are on Edelweiss Street. When the dirt work was done 3 large berms were created that paralleled the backside of the fence . Mr. Adair said that there is no information for the Board to look at and present as a special condition. He did not know if it was something he needed to have documentation for. Chairman Bond replied that it is not necessarily a case of documentation, it was presented as a special condition and the Board can consider it without evidence . The Board can consider it if that is his offer. Mr. Adair replied that it is an offer, but again it is not an excuse. · Mr. Adair continued by saying the hills that were created during the dirt work were generated when the roads where excavated, but also when the stock pond was cleaned out. The stock pond was drained and there was about 10-12 feet of silt in it. A large bulldozer was brought in and he became very interested. Mr. Adair continued to tell the Board about a ranch he has around Ft. Worth and the lake there that began to silt in . So he became very interested when they began to clean the stock pond out . Mr. Adair stated that when he was working the backyard, he noticed the southwest comer of the church ground has a very high hill of fill dirt that was created during the dirt work. When he brought in a landscape loader to do site work on the lot it was after we had a lot of rain . He had to wait quite a while for the land to dry out well enough to get the tractor in . Ss soon as he did he was having trouble with the mud he was encountering. Mr. Adair described the mud as being different from the regular brown mud . It was gray with a cream look to it and when it is dry it is crumbly and has no soil structure to it. He thinks what is being encountered in the backyard is the mud that came from out of the stock pond. Chairman Bond asked Mr. Adair to tell the Board how this formed a special condition . Mr. Adiar replied that the hill now has a lot of run-off and the water runs into the backyard and the side. If the house had pushed farther back then the back end of the house would have been in the drainage area. Mr. Adair stated that he corrected a lot of the problem with the tractor by digging out a lot of dirt that is piled on the neighboring lot . He thinks he has correct it but will not know until we get some more rain . With the house being pushed forward there is a dry area of about 10-12 feet before you get into the soft stuff If the house were back farther on the lot, the back end of the house would be in the flow area coming off the hill from the church . Chairman Bond stated that he is curious why this is the first time the Board heard about this as being a special condition. Chairman Bond asked Mr. Adair ifhe just came up with as a special condition during the course of the meeting. Mr. Adair answered yes . It is the only special condition that he could justify as having the house relocated. Mr. Goss asked Mr. Adair how long he has been in the building business . Mr. Adair answered 4 years in residential construction. Mr. Hill asked shouldn't the drainage be corrected with proper landscaping and adjustments to the berm. Mr. Adair replied yes it should and he has fixed a lot of that. ZBAM11111ta Febnuuy 6, 2(}()1 Page4 o/7 Mr. Sheffy asked if the drainage was a problem before the house was built or is this something that is thought of now. Mr. Adiar replied that it was not a problem that was apparent until there was a great quantity of rain. Mr. Adair described the black plastic that is used as a perimeter around construction areas. It is intended to let water through and keep silt out. This did not seem to do the job otherwise the dirt he described would not have been on the property. With no one else stepping forward to speak in favor of the request, Chairman Bond asked for anyone wanting to speak in opposition to step forward . Jimmy Linder, 204 Landsburg Court, stepped before the Board and was sworn in my Chairman Bond. Mr. Linder told the Board that he had some concerns. It is a beautiful house and the construction looks really nice . His concerns are because of the defect in the house and it being so close to the road . Is it being sold at a full and fare value in relation to the other houses? He is concerned about maintaining the value of his home that he just built. The other concern is will the variance prevent future development of a sidewalk if one is planned in the area. Mr. Linder stated that he is not so concerned about having someone rent across the street from him . Mr. Linder told the Board that he met Mr. Meschler and be is a very nice guy and would like for him to move in across the street from him . He just would like the house to be placed where it was designed to be. Mr. Linder ended by asking if the garage was placed in the back, would it not also be placed into the potential "special condition" drainage area. Mr. Hill asked Mr. Linder if he approved or opposed of the variance. Mr. Linder replied that he is neutral. He likes Mr. Meschler, he just thinks the house should have been built how it was intended . His other concerns are more important. He paid mostly cash for his home and he wants to maintain the value of his home. Mr. Bill made the motion to deny a variance to the minimum setback from the terms of this ordinance as it will be contrary to the public interest due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Hill stated that he is very sympathetic to the situation of the builder. He realizes that it is a difficult situation. But in this particular case he sees a lack of any true special conditions or hardships and unfortunately the situation is caused by a mistake made by the builder. To approve this variance in the absence of special conditions and hardships, it would merely be to legitimize an error by the builder and he does not feel it is the duty of the Board. Mr. Corley stated that he would have to agree with Mr. Hill. The Board does not have a problem with the way the house looks or the way it fits in with the surrounding neighborhood. The Board is bound by certain rules and he does not feel they have what is needed in order to grant the variance. Mr. Goss also stated that he agreed and he does not want to set a precedent. Mr. Hill stated that be wanted to express his appreciation to Mr. Adair for being honest with the Board. Mr. Goss seconded the motion, which passed unopposed (5-0). ZBAMinutes February 6, 2001 Page5of7 AGENDA ITEM NO. 6: Consideration of a front setback variance at 200 Augsburg Court, lot tO ,'block 24, Edelweiss 7-B. Applicant is Eugene Thompson Adair IV. Staff Planner Reeves stepped before the Board and presented her staff report . Ms. Reeves again asked the Board to direct all questions to Staff Planner Hitchcock. Ms . Reeves told the Board that the applicant is requesting the variance to legitimize an error made during construction . This case involves an error made by the builder in establishing the front 25-foot setback . The setback should have followed the radius of the cul-de-sac, but instead was drawn from a straight line connecting the property comers . The result is a variable encroachment that reaches 20' from the property line to the closest part of the home ; thus the applicant is requesting a front setback variance of 5 feet. The applicant states that there are no special conditions and has identified no hardship . The only alternative to the variance is to tear down the comer of the home that is encroaching into the setback. Mr. Corley asked Mr. Simms if the house is built as presented to the City . Mr. Simms replied that it was not built as submitted. Mr. Simms handed the Board a copy of the approved site plan . Mr. Goss asked if the same inspector inspected this home . Mr. Simms replied it is a different insp~ctor . Mr. Goss asked if the string line was in place. Mr. Simms replied that he spoke to the inspector and he did not remember. Mr. Simms stated that he visited with all the inspectors and they had a follow up meeting . They came up with ideas that might prevent this from happening again . Chairman Bond opened the public hearing . Mr. Adair stepped before the Board. Chairman Bond reminded Mr. Adair that he has been sworn in . Mr. Adair told the Board that he listed on his application that there are no special conditions or hardships . The hardship for neighborhood would be that if he had to take purchase of the home then he would use it as rental property. If he tried to repair the defect by removing the front portion of the home and building the garage on a different part of the property, the heated square footage of the home would increase . The comparable sale price for homes in the area would not remain the same for the dollar value for per square foot. It would reduce the accompanying property values . Mr. Goss stated that city staff has not mentioned the alternative of relocating the garage. Is this something he has looked at and can be done . Mr. Adair answered that as far as accurate measurements he has not. Mr. Corley asked if there was a buyer for the home . Mr. Adiar replied there is not. Mr. Hill asked if there was anything on this property that he could use as a special condition . Mr. Adair answered no . ZBAMinllln F ebnlary 6, 1001 Page6of7 . With no one stepping forward to speak in opposition of the variance, Chairman Bond closed the public hearing. Mr. Hill made the motion to deny a variance to the minimum setback from the terms of this ordinance as it will not be contrary to the public interest due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done. Mr. Corley seconded the motion, which passed unopposed. (5-0). Mr. Hill stated again that he was very sympathetic to his situation. By law in order to approve variances of this type the Board must be shown special conditions or hardships that are not financial . In this case there are none that he can see . AGENDA ITEM NO. 7: Future agenda items. No 'items were discussed . AGENDA ITEM. NO. 8 Adjourn. The meeting was adjourned . APPROVED: ~ ,(} /fcff Leslie Hill, Acting Chairman Z.BA Minutes Febr11ary 6, 2001 Page 7o/7 FOR OFFICE ~&E 0 Y CASENO.: I - DATE SUBMIITED: ~ Lf:3o ZONING BOARD OF ADJUSTMENT APPLICATION • ~Filing Fee of $75.00 . __ Application completed in full . l':I Request form completed in full. MINIMUM SUBMITTAL REQUIREMENTS: __ 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 E~~T~~s°"" ~<-, \\J Mailing AddJss (p 02 hcu~ aj !:>. lJ/\-.> a.-City Coll~ ~-lov.. State \'{ Phone Number Zip Code 77 8'46 s1q-z_st;-~qq E-Mail Address ~ r Q. -\..LA-, v-.L-\- Fax Number q1q-l,C\~-i 6oz__ PROPER1Y ~R'S INFORMATION: Name MtW..\.-Un~ J:::"~c.... Mailing Address /.,01.-~ 5~S Cr:," L- State "\~ Zip Code 11 ~Lf-6 City {,, l\l tt., E-MailAddress ~-r-~-~-\ Phone Number qJ~-1.'S.'S -~q ll 'j Fax Number 979 -~q ~ -~ 6 0'2-. LOCATION OF PROPER1Y: Address /07:::. kJsb0rl Go-r-\- Lot \ 1-Block 2-L Subdivision Ed&~ s ~ ] -8 Description if there is no Lot, Block and Subdivision --------------------- Action Requested: (Circle One) ~ Appeal of Zoning Official 's Interpretation Parking Variance Special Exception Sign Variance Other Current Zoning of Subject Property R -\ ---------- Applicable Ordinance Section ~ Ch:l\IJcN'o ~\lo~& Us~\ o~ £U,l2: --ra__lo~ A · ~ ~7-S1- The applicant has prepared this application and certifies that the facts stated herein and exhibit! abached hereto are true, correct a~complete. --7 x/cl~ V Pc~ JIA...\-_\~/ \_~ _,___f _o '---- . ature and Title Date } t ZBA APPLICATION ZBAAPP.DOC 3/'25199 1 of2 FOR OFFICE USE ONLY CASE NO.: ___ _ DATE SUBMIITED: VARIANCE REQUEST The unnecessary hardship (s) involved by meeting the provisions of the ordinance other than financial hardship is/are: ' \ \ ~ -Co\J.A_ M.cM I This variance will not be contrary to the public interest by virtue of the following facts : ~\sh ~~ ---s~~e..vL ~e<~MMlA.~ ~'-<\ N>\-de~kvk -lk \~Le. The facts stated in this application are true and correct. Date J 2of2 STAFF REPORT Prepared by : Jennifer Reeves Date: January 24, 2001 Date: January 24 , 2001 ZBA Meeting Date: February 6 , 2001 APPLICANT: REQUEST: LOCATION: PURPOSE: Eugene Thompson Adair, IV An eight-foot variance to the 25' front setback is requested . 203 Landsburg Court To legitimize a variance error made during construction . GENERAL INFORMATION Status of Applicant: Builder/Property Owner Property Owner: Eugene Thompson Adair, IV Applicable Ordinance Section: Section 7 : District Use Schedule -Table A PHYSICAL CHARACTERISTICS Zoning and Land Use: The subject property and all surrounding properties are zoned and developed as R-1 Single Family . The property is located within the Edelweiss Subdivision. Subject Property: Frontage: Access: Topography & Vegetation: Flood Plain: The following lot dimensions are approximate, please refer to enclosed site plan for more detail : 57' of frontage along Landsburg Court 143' northwest (side property line) 118' northeast (rear property line) 125' southeast (side property line) The subject property , consist of one lot, Lot 12 of Block 22. This gives the property approximately 57' of frontage along Landsburg Court. Access is given via a driveway onto Landsburg Court. Relatively flat topography with no trees . Not located within a flood plain. 0: \g roup \deve _ ser\stfrpt\z ngstfrpt\h onda . doc VARIANCE INFORMATION Setback Required: A front setback of 25 feet is required for R-1 Single Family homes . Setback Requested: A front setback of 17 feet. Case Overview: This case involves an error made by the builder in establish i ng the front 25-foot setback . The setback should have followed the radius of the cul-de -sac , but instead was drawn in a straight line. ANALYSIS The result is a variable encroachment that reaches 20' from the property line to the closest part of the home , thus the applicant is requesting a front setback variance of 8 feet. Special Conditions: The applicant states that there are no special conditions . Hardships: The applicant has identified no hardship . Alternatives: The only alternative to the variance is to tear down the corner of the home that is encroaching into the setback . SPECIAL INFORMATION Ordinance Intent: Similar Requests: Building setback requirements usually allow for some degree of control over population density , access to light and air, and fire protection . These standards are typically justified on the basis of the protection of property values . The Board has approved variances to the front setback where unique special conditions existed , including size of lot , in older neighborhoods or in some areas to avoid the loss of valuable trees , and where undue hardship would result from enforcement of the ordinance . Front setback variance requests are usually highly scrutinized by the Board due to visual impact to the public and surrounding residents . The most recent cases where front setback variances were sought were in the summer of 2000. In May , the Board granted a 15-ft. front setback variance to 7704 Sherman Court to allow for the construction of a new garage. A Texas Department of Transportation easement was determined to be a special condition of the property , which would have resulted in a hardship of the loss of mature trees had the variance not been O :\gro up\deve _ser\stfrpt\zngs tfrpt\ho nd a.doc Number of Property granted. In June , the Board granted a 5-ft. front setback variance to 3100 Pleasant Forrest Drive so a home could be built of similar size to others in the neighborhood . Use of the lot was limited because of a 20-ft. drainage and access easement on the property . In August , two variances in the Edelweiss Subdivision were granted . Because of construction errors at the site plan stage , 214 and 216 Stuttgart were granted side and rear setback variances , respectively. Owner's Notified: 8 Responses Received: 0 ATTACHMENTS Location Map Application Site Plan 0 : \group \dev e _ se r\s tfrpt\zngstfrpt\honda . doc BUILDING P ERMIT CITY OF COLLEGE STATION 1101 TEXAS AVE COLLEGE STATION , TX 77840 PHONE: (979 ) 764-3570 FAX: (979) 764-3496 Application Number Property Address Property ID R # .... 00-00001864 203 LANDSBURG CT 244 0 00-0722-0120 Rl0 7 168 Date 10/19/00 Application description Subdivision Name Property Use RESIDENTIAL , 1 UNIT DETACHED NEW EDELWEISS ESTATES PHS 7 Property Zoning . . Application valuation Owner BEGONIA CORPORATION 1901 SAN JACINTO HOUSTON TX 77002 RES IDENTIAL UNKNOWN 1 25000 Contractor ADVENT HOMES 602 BRUSSELS COLLEGE STATION (409) 693-8502 ------Structure Information Construction Type Occupancy Type SINGLE FAMILY RESIDENCE Other struct info Permit Additional desc Permit Fee Issue Date Expiration Date Qty Unit Charge 25.00 3.0000 TYPE VIV -UNPROTECTED RESIDENTIAL-SFR /DUPLEX EXTERIOR WALL TYPE IMPAC T/PRORA TA FEES PAID FOUNDATION TYPE NUMBER OF GARAGE BAYS TYPE OF GARAGE (ATT /DET) HEATED AREA INTERIOR WALL TYPE NUMBER OF BATHROOMS NUMBER OF BEDROOMS SEWER TYPE BUILDING PERMIT MEF 535.00 Plan Check F ee 10/19/00 Va l uation 4/18/01 Per BASE FEE THOU BLDG , VAL 100001-500000 Special Notes and Comments POST PERMIT CARD ON JOB SITE '-.... PROVIDE SANITARY FACILITIES FOR WORKERS ~STRING LINE THE PROPERTY LINE TO VERIFY FOUNDATION MUST MEET MINIMUM STANDARDS ON SITE ALL SETBACKS TX 77845 BRICK UNKNOWN MONO SLAB 2 .00 ATT 1550 .00 SHEETROCK/WOOD 2.00 3 .0 0 PUBLIC .00 125000 Extension 460 .00 75.00 Other Fees . . . . . . . . . SEWER T~ 350.00 --------~~~~~~~~-~~~~-~~~~~~~~~:-~----~---------------- APPLICANT: . v ( v I r (}\ rn ,. () t ~ --0 r-r ~ ·~ G v ~· ~ -0 ~ Ii -.J ll' 0 ,+:. CJ] 0 c ~ bj tiO . ;v CD I ~ .... ~ ~ CX> I: <D m ,,, I :a z : t"2 i...a ~ ,,, ,,, -4 o\:1 r· -· Q (; -t-~ r }-1 f'l ~ r I J .... .cf' cc \:) '1,. ~. (/I ~ +-r · 'F , \ I I I • ' Ci I ' ·~ . f:. : !" . ............. . . ............ . . ~ • 0() ........ To: Zoning Board of Adjustment City of College Station February 19, 2001 Re: Request for Rehearing This request for rehearing is submitted for the following property; Lot 12, Block 22, 203 Landsburg Court. An eight (8) foot variance to the front setback is requested. I understand that a rehearing may be considered if new information is available. During the February 6 , 2001 ZBA meeting, my request for variance was denied. The following information is presented for consideration : Special Condition: 1. A building inspector made an error during the foundation inspection and the front encroachment error was not discovered. A green tag approval for the foundation was given. Accompanying Special Conditions: a . The foundation contractor made an error in measurement when forms were set. A string line was pulled between front property stakes an d the radius of the cul-de-sac was not accounted for. b . This error was discovered after the home was past 90% complete. Undo Hardship: 1. If the property is not granted the requested variance, a mortgage company cannot grant a normal policy of title insurance. This causes hardship for any buyer. 2. If the home cannot be fold on the open market then it will exist as a rental property, which in some opinions would be a hardship for family neighborhoods. 3. Under the assumption that setbacks are intended on one-hand to provide aesthetic continuity to a neighborhood , that this property would by unique on Landsburg Court as the only home with a detached garage. 4. Reconstructing the garage on another part of the property solves the encroachment but the total heated area of the home will be incre ased by 300 sq. ft. When the home is sold for its' listed price , the price per square foot will drop by $11.50 sq. ft. and diminish comparable home values in that area. Thank you for your consideration. Sincerely; k~r Tom Adair, President Advent Homes Inc. SCALE: 1" 30' N/F UE'/EN J. VAN RIET, TRUSTEE RE).:AINOER OF 1 J2.508 ACRE TRACT 954/818 LEGEND : WOOD FENCE CONCRETE .•: 1 /2 INCH IRON ROD FOUND -CM //-- / 7 .5' UTILITY EASEMENT / BtANKET EASEMENT TO CITY OF BRYAN , 98/87, DOES APPLY TO TH IS TRACT. PER DEED RESTRICTIONS 1827 /3 15 THERE IS RESERVED A BLANKET EASEMENT AND AN ENCROACHMENT EASEMENT OVER Al..L LOTS AND COMMON AREAS. BUILDING SETBACK LINES PER CITY OF COli.EGE STATION ORDINANCE NO . 1S38. . Cll -COHTROUJNG MONUMENT rDUNO ANO USED TO ESTABLISH PROPERTY LINES. BEARING SYSTEM SHOWN HEREON IS HONORING THE PIAT CM.LED 8£ARINGS AS SHOWN ON THE PlAT RECORDED IN VOL J805, PG. 4-'.\, AND AS MONUMENTro ON THE GROUND . LOT 11 BLOCK 22 LOT 13 BLOCK 22 1 /2 INCH IRON ROD FOUND -CM SURVEYOR'S CERTIFICATE: I, BRAD KERR, R.P.LS. NO . +502, 00 HEREBY CERTIFY THAT THIS PLAT IS A TRUE REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER llY SUPERVISION AND THAT THERE ARE NO ENCROACHMENTS ON THIS TRACT EXCEPT AS SHOWN HEREON. THIS TRACT DOES NOT LIE WITHIN A DESIGNATED 100 YEAR FLOOD PUJN ACCORDING TO THE F.l .R.M. MAPS, COMMUNITY PANEL NO . +8041C0182 C, EFFECTIVE DATE: 07-02-1992. BRAD KERR REGISTERED PROFESSIONAL LAND SURVEYOR NO . +502 BUYER MICHAEL MESCHLER AND WIFE, FRANCES MESCHLER TTil.£ BRAZOS COUNTY COMPANY ABSTRACT COMPANY G.F. No . 134332 REVIS IONS 01 -1 6 -01 ADDED DIMENSION LAND TITLE SURVEY PLAT OF LOT 12, BLOCK 22 EDELWEISS ESTATES, PHASE 7-B VOLUME 3805, PAGE 48 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1 INCH -30 FEET 'ft ~ ~ SURVEY DATE: 01-02-01 All IA C Jo~T H~~i~101°~1, 1---~---' CAD NAME: 01 -0001 CR5 FILE: EDEl-7C (cont); 01 -0001 Qob) PREPARED BY: KERR SURVE'l'lNG CO. 505 CHURCH STREET, P.O. BOX 269 COl.UECE STATION, TEXAS 7711+ 1 PHONE {979) 268-J195