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Zoning Board of Adjustment
August 2, 2005
CITY OF COLLEGE STATION, TEXAS
6:00 P.M.
MEMBERS PRESENT: Chairman Jay Goss, John Richards, Donald Braune, Josh Benn, Marsha
Sanford & Charles Taylor.
MEMBERS ABSENT: Graham Sheffy. Alternate, Denise Whisenant (not needed)
STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planner's Molly Hitchcock, Jennifer
Prochazka, Jennifer Reeves, Lindsay Boyer, Senior Planner Trey
Fletcher, City Attorney Carla Rob inson, City Attorney Harvey Cargill,
Assistant Director of Planning & Development Services Lance Simms
and Director of Planning and Development Services Joey Dunn
AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board.
Chairman Goss called the meeting to order.
AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests.
Graham Sheffy submitted an absence request and stated he could not attend the meeting due to
work related business. Mr. Benn made the motion to approve the request. Mr. Richards
seconded the motion, which passed unopposed (5 -0).
AGENDA ITEM NO. 3: Consideration, discussion and possible action to approve meeting
minutes from April 5, 2005.
Mr. Richards made the motion to approve the minutes. Mr. Braune seconded the motion, which
passed unopposed (5 -0).
AGENDA ITEM NO. 4: Public hearing, presentation, discussion, consideration and possible
action, to consider a variance for 210 Timber Street, Lot 5, Block 1, of the Holik Subdivision.
Applicant is Keith Ellis for Patrick and Sue Mahoney. (05 -125)
Staff Planner Jennifer Reeves presented the staff report and stated that the applicant is requesting the
variance to continue the construction of a single - family home.
The applicant is requesting a variance in order to construct a larger than current average home in this
area to continue the upgrading trend already evidenced in the neighborhood. Even though the resulting
setback lies within the R -1 Single - Family Residential setback of 25 -feet, the applicant is requesting a
5 -foot 1 -inch variance to comply.
As a special condition Mid hardship the applicant states: "The .aty of College Station granted a
building permit for 210 Timber to Ellis Custom Homes, based upon the current site plan which Ellis
Custom Homes has followed. After construction commenced including, site work, pier installation and
foundation preparations, Ellis ordered an independent form survey to be completed the day before the
foundation pour. It was during the survey that the UDO Section 7.1.D.1.e was discovered by an
independent surveyor and brought to their attention. Ellis Custom Homes then notified the City of
College Station. Substantial trees at the rear of the property preclude the client from moving his home
further back without sacrificing the shade trees which characterize the neighborhood ".
As an alternate the applicant states: "Reducing the size of the residence (and scope of the project)
would cause it to fit within the setback limits of the UDO. However this would defeat the effort to
upgrade this area of the City ".
Staff Planner Reeves ended her staff report by showing the Board pictures of the property and saying
that she had received numerous phone calls. There were no calls in opposition.
Chairman Goss asked if this would have met all requirements prior to the adoption of the UDO. Ms.
Reeves replied yes.
Chairman Goss opened the public hearing for those wanting to speak in favor of the request.
The following persons were sworn in by Chairman Goss and spoke in favor of the variance request:
Patrick Mahoney, the property owner
Keith Ellis, the contractor
Sandra Hoekstra, 210 Lee Avenue
Bruce Hoekstra, 210 Lee Avenue
W. T. Reidel, 300 Timber Street
With no one else stepping forward to speak in favor or against the request, Chairman Goss closed the
public hearing.
Josh Benn 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: The
City of College Station, granted the building permit for 210 Timber to Ellis Custom Homes based upon
the current side plan which Ellis Custom Homes has followed. After construction commenced
including site work, pier installation and foundation preparations, Ellis ordered an independent form
survey to be completed a day before the foundation pour and during that survey it was noted that UDO
Section 7.1.D.1.e was discovered and brought the attention of the appropriate parties; and because a
strict enforcement of the provisions of the Ordinance would result unnecessary hardship to this
applicant being: the substantial trees at the rear of the property would be sacrificed and because of the
above mentioned items that the applicant has previously done in getting the building permit and it
would be undue hardship to the applicant; and such that the spirit of this Ordinance shall be observed
and substantial justice done subject to the following limitations: the variance to the front setback will
be 5 -feet and 1 -inch. Mr. Richards seconded the motion, which passed unopposed (5 -0).
ZBA Minutes August 2, 2005 Page 2 of 3
AGENDA ITEM NO. 5: Discussion of Administrative Adjub.nents approved by City Staff.
05 -56 — 611 & 613 Banks Street — 1-foot to the rear setback
r ,., 05 -86 —1731 University Drive — 6 parking spaces
i )
There was no discussion.
AGENDA ITEM NO. 6: Consideration and possible action on future agenda items — A
Zoning Member may inquire about a subject for which notice has not been given. A statement of
specific factual information or the recitation of existing policy may be given. Any deliberation
shall be limited to a proposal to place the subject on an agenda for a subsequent meeting.
200 foot notification area.
AGENDA ITEM NO. 7: Adjourn.
The meeting was adjourned.
0
f y o i , Chairman
ATTEST:
% Ilk
Deborah Grace, - . f Assistant
ZBA Minutes August 2, 2005 Page 3 of 3