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HomeMy WebLinkAboutMinutes MINUTES Zoning Board of Adjustment March 4, 2003 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Leslie Hill, Dick Birdwell, Rodger Lewis, Graham Sheffy John Richards. MEMBERS ABSENT: Alternates, Denise Whisenant, Randal Allison & Jay Goss (not needed). STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners' Jennifer Reeves, Jennifer Flanery & Molly Hitchcock, City Attorney Carla Robinson, Action Center Representative Regina Kelly. AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Hill called the meeting to order. AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. There were no requests to consider. AGENDA ITEM NO. 3: Consideration, discussion and possible action on approval of meeting minutes from January 7, 2003. Mr. Lewis made the motion to approve. Mr. Richards seconded the motion, which passed unopposed (5-0). AGENDA ITEM NO. 4: Consideration, discussion and possible action on approval of meeting minutes from February 4, 2003. Chairman Hill called before the meeting and made 3 minor changes. Mr. Birdwell made the motion to approve the minutes as amended Mr. Lewis seconded the motion, which passed unopposed (5 -0). AGENDA ITEM NO. 5: Consideration, discussion and possible action to rehear a rear setback variance at 822 Nimitz, lot 9, block 6, D.A. Smith Subdivision. Applicant is the City of College Station Community Development Office. If the Board votes to rehear this case, the case would be reheard at the Board's regular meeting April 1, 2003. No staff report was given. Ms. Reeves told the Board that the homeowner and a representative from the Community Development Office were in the audience should they have any questions. Mr. Birdwell made the motion to deny the request to rehear. With no second the motion failed ZBA Minutes March 4, 2003 Page 1 of 6 Mr. Richards made the motion to approve to rehear. Mr. Sheffr seconded the motion. Mr. Lewis stated that he is in favor of rehearing the case because they have given other applicants every opportunity to have their cases reheard. The Board voted (4 -1). Mr. Birdwell voting against rehearing the case. The motion passed to rehear the case at the April 1 meeting of the Board AGENDA ITEM NO. 6: Public hearing for consideration, discussion and possible action on a rear setback variance at 308 Agate, lot 2, block 5, Stone Forest Phase H. Applicant is John McEuen. REHEAR No star report was given. Chairman Hill opened the public hearing. Mike Gentry, stepped before the Board and was sworn in by Chairman Hill. Mr. Gentry spoke on behalf of Mr. McEuen and spoke in favor of the Board rehearing the case. Mr. Lewis asked Mr. Gentry if he could state a special condition and hardship. Mr. Gentry replied that the special condition would be the reasonable effort of the applicant to construction the house in compliance with all the City ordinances. The mistake made by the city in processing the plans would be a special condition. Mr. Gentry described the 8 -foot fence that Mr. McEuen had constructed on the 3 sides of the property. As far as a hardship Mr. Gentry stated that home not being marketable and there is no way to fix the problem other than tearing it down. Chairman Hill replied that self - inflicted hardships are not grounds for a variance. Mr. Gentry replied that he would argue that it was not self - inflicted. Mr. Gentry added that Mr. McEuen went to the city and sought to comply with all the guidelines and received approval. The city staff supported the application and since then has changed their guidelines on reviewing site plans as a result of it. Ms. Hitchcock stated for public record that there was a letter at their desks from a property owner in opposition of the request. Dale Christian, president of Pebble Creek HOA, stepped before the Board and was sworn in by Chairman Hill. Mr. Christian asked Ms. Hitchcock to restate the facts of the case. After the recap Mr. Christian stated that he could not state a formal opinion on the case. Chairman Hill called for anyone wanting to speak in opposition of the request. Sefa Koseoghu, a neighboring property owner, stepped before the Board and was sworn in by Chairman Hill. Mr. Koseoghu spoke in opposition to the request. With no one else stepping forward Chairman Hill closed the public hearing. ZBA Minutes March 4, 2003 Page 2 of 6 AGENDA ITEM NO. 8: Consideration, discussion and possible action on a rear setback variance at 822 Nimitz, lot 9, block 6, D.A. Smith Subdivision. Applicant is the City of College Station Community Development Office. Staff Planner Reeves stepped before the Board and presented the staff report. Ms. Reeves told the Board that the variance is to allow Community Development to move forward with the Optional Relocation Project. This project involves an existing dilapidated, unsafe structure that will be replaced by a new modest brick structure that will encroach less into the rear setback than the current structure. The current structure has a variable encroachment of 19 -20 feet into the rear setback. The new structure will encroach 7.5 -feet into the rear setback: thus the applicant is requesting a rear setback of 7.5 -feet. The applicant has stated as a special condition: due to Nimitz Street encroaching approximately 15.5 - feet into the front of the owners property, a variance of the rear setback is required to place the front of the new 31' x 32' replacement dwelling 10 -feet from the edge of the paving of Nimitz Street, a standard already established by recent development adjacent tot he subject property. As a hardship the applicant has stated: without the variance, the lot is unbuildable due to the small lot size of approximately 3,285 sq. ft. An additional 777 -sq. ft. of the front of the lot is unusable because it is developed as Nimitz Street, leaving approximately 2,508 -sq. ft. of total lot area that can be developed. Ms. Reeves told the Board that they have given variance to other homes on Nimitz as well as Avenue A due to the lots being very old and small. Avenue A backs up to this property. Chairman Hill opened the public hearing. Eric Barton, Housing Program Coordinator for Community Development, stepped before the Board and was sworn in by Chairman Hill. Mr. Barton spoke about the dilapidated home and the need to remove it and replace it with a new one. Mr. Birdwell asked if the lot to the north of the property could be combined to make one building site to have adequate room. Mr. Barton replied that the property is a piece of rental property and they have not approached the property owner about purchasing the lot. Ms. Glover has deed and title to her property. The Board had discussions with Mr. Barton concerning HUD requirements of occupancy. Randy Brumley with the Community Development office stepped before the Board and was sworn in by Chairman Hill. Mr. Brumley made clarification to the discussions on the HUD requirements. Chairman Hill made the comment that the whole neighborhood is a problem and anything that can be done to improve the overall situation is a step in the right direction. With no one else stepping forward to speak in favor or opposition of the variance request, Chairman Hill closed the public hearing. ZBA Minutes February 4, 2003 Page 8 of 10 Mr. Birdwell made the motion to deny the 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. The motion died with a lack of a second 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: city street has been placed on the property & existing structure is closer to property line than the proposed structure; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: too little space available to build a house on a lot which was platted before the existing lot regulations; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: rear setback of 7.5 -feet. Mr. Goss seconded the motion. Mr. Birdwell told the Board that he was Chairman of this Board when the home on the corner of Lincoln Street and Nimitz Street wanted to do the same thing. A developer tore down a dilapidated home and built student housing. Mr. Birdwell stated that the Board was going to deny the variance and he talked them into approving it. He has been sorry ever since he saw what they had built. At that time there was some discussion of the possibility of the developer buying the lot next door and combining two lots. It was not six months after the home was built that the same thing happened next door. Another home was torn down and another one was built. There is not enough room for a house on the lots in that area. There are two houses in that area that is occupied by students. Mr. Birdwell stated that if this house were built, it would be 3 years that it would become student housing. Mr. Birdwell added that if two lots were combined, because it is a desirable area, it would make more sense. Mr. Goss stated that he understood Mr. Birdwell's reasoning but he is not sure that this exact situation isn't exactly what the special conditions and hardships are designed for. Mr. Goss added that the Board gives a 4 -foot encroachment on a side variance and the rules and regulations are jimmied because you are very hard pressed to find a special condition and/or a hardship that is not financial. Mr. Birdwell and Mr. Goss continued discussions concerning special conditions and hardships. Mr. Goss stated the fact is that these lots were lots before the city came in and imposed a setback. In his mind you have a lot with a dilapidated house and you impose another hardship on the current occupier of the property to go and buy another lot. Mr. Goss stated that if the two lots were combined there is just going to be bigger student housing. Mr. Birdwell stated the whole area is going to be student housing. Mr. Lewis stated that in the meantime there is a low - income property owner that is going to be prevented to do what they want to with their property. Chairman Hill stated that the homeowner effectively is going to be forced out of the home with all the problems. Chairman Hill added that this is a good solution, maybe not the perfect solution to the situation. The dilapidated structure will be replaced with a quality structure and will only help the area. He added that he understands about the crowding but that is never going to be resolved in that area. ZBA Minutes February 4, 2003 Page 9 of 10 Chairman Hill called for the vote. The Board voted (3 -1) which failed Mr. Birdwell voting against granting the variance. AGENDA ITEM NO. 9: Consideration, discussion and possible action on future agenda items. No items were discussed. AGENDA ITEM NO. 10: Adjourn. The meeting was adjourned. APPROVED: Leslie Hill Leslie Hill, Chairman ATTEST: Deborah Grace, Staff Assistant ZBA Minutes February 4, 2003 Page 10 of 10 • MINUTES Zoning Board of Adjustment April 1, 2003 CITY OF COLLEGE STATION, TEXAS 6:00 P.M. MEMBERS PRESENT: Chairman Leslie Hill, Graham Sheffy, John Richards & Alternate Jay Goss. MEMBERS ABSENT: Rodger Lewis & Alternates, Denise Whisenant & Randal Allison (needed but not available). STAFF PRESENT: Staff Assistant Deborah Grace, Staff Planners' Jennifer Reeves & Molly Hitchcock, City Attorney Carla Robinson, Action Center Representative Regina Kelly. AGENDA ITEM NO. 1: Call to order — Explanation of functions of the Board. Chairman Hill called the meeting to order. AGENDA ITEM NO. 2: Consideration, discussion and possible action of absence requests. Mr. Birdwell and Mr. Lewis submitted absence requests. Mr. Goss made the motion to approve the requests. Mr. Richards seconded the motion, which passed unopposed (4 -0). AGENDA ITEM NO. 3: Consideration, discussion and possible action on approval of meeting minutes from March 4, 2003. Mr. Richards made the motion to approve. Mr. Sheffy seconded the motion, which passed unopposed (4 -0). AGENDA ITEM NO. 4: Public hearing, presentation and possible action on a setback variance at 822 Nimitz, lot 9, block 6, D. S. Smith Subdivision. Applicant is the City of College Station Community Development Office. (03-17 JR). Staff Planner Reeves stepped before the Board and gave a brief synopsis of the case. This case was originally heard February 4 of this year. Due to the Board having just enough for a quorum the applicant needed a unanimous vote. The motion to approve the variance failed. On March 4 the applicant came back before the Board to be considered for a rehear and the motion passed. The applicant is requesting a 17.5 feet encroachment into the 25 -foot rear setback. Ms. Reeves ended her staff report by telling the Board that the Lincoln Square Apartments across the street sent in letter of concern. Their concern as stated is that adequate parking is provided for the new home. Chairman Hill opened the public hearing. ZBA Minutes April 1, 2003 Page 1 of 2 Randy Brumley from the Community Development Office stepped before the Board and was sworn in by Chairman Hill. Mr. Brumley spoke in favor of the variance. Chairman Hill asked if there would be adequate parking for the new home. Mr. Brumley replied that there would be parking for 2 vehicles. With no on stepping forward to speak in opposition of the request, 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: this non - conforming lot was platted prior the 1970 when current ordinances began to take effect and limits building any replacement building due to existing lot size. Adjacent lots have previously been granted setback variances in the past for the same reason; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: without a variance the lot is unbuildable for use as a family unit and too small lot size of only 2508 square feet; and such that the spirit of this ordinance shall be observed and substantial justice is done. Mr. Sheffy seconded the motion, which passed unopposed (4 -0). AGENDA ITEM NO. 5: Public hearing, presentation and possible action on a setback variance at 100 Lee Avenue, lots 1, 2, 3 & portion of lot 4, block 2, South Oakwood Subdivision. Applicant is William W. Botts. (03 -04 JR). The applicant pulled this item from the agenda so a full voting Board could consider the case. This case will be heard at the Board's regular meeting June 2, 2003. AGENDA ITEM NO. 6: Consideration, discussion and possible action on future agenda items. No items were discussed. AGENDA ITEM NO. 7: Adjourn. The meeting was adjourned. APPROVED: Leslie Hill, Chairman ATTEST: Deborah Grace, Staff Assistant ZBA Minutes April, 2003 Page 2 of 2