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HomeMy WebLinkAboutMinutesZBA MINUTES March 7, 2000 AGENDA ITEM NO. 4: Consideration of a rear setback variance at 115 Lee Avenue, lots 8,9 & 10, block 3, South Oakwood Subdivision. Applicant is George & Hillary Jessup. Staff Planner Anderson stepped before the Board and presented the staff report. Ms. Anderson told the Board that the applicant is requesting the variance to allow the construction of a new garage. The applicant currently has a non -conforming garage located in the far rear corner of the subject property. The existing garage is non- conforming to both the rear and side setback requirements. The applicant wishes to demolish the existing garage in conjunction with a home remodeling project and replace it with an attached 975 square foot garage that is conforming to the side setback, but would be located only 9 feet from the rear property line. Therefore, the applicant is requesting a variance of 11 feet to the rear setback. The applicant states a special condition of the home being positioned toward the rear of the lot, with a 75 -foot front setback. The applicant argues that the location of the home severely limits the options for expansion of the home toward the rear. In addition, the subject property backs to Timber Street thus; no residences would be affected by the encroachment into the rear setback. The applicant offers a hardship of the need for additional security that is obtained and the access afforded by an attached enclosed garage. The applicant states that the garage addition would only be possible if the requested variance is granted. The home is one of the oldest homes in College Station. Attaching the garage to the front of the structure may hinder the historic character of the home. Staff Planner Anderson ended her staff report by showing the Board pictures of the property. Mr. Jessup, the applicant/homeowner, stepped before the Board and was sworn in by Chairman Alexander. Mr. Jessup stated that the home was his mother's home and it was formally General Rudder's home. Mr. Jessup explained to the Board the original home and the additions. Mr. Jessup described the quality of construction in the additions to the home as sub -standard. Mr. Jessup ended by telling the Board that their proposal is to remove things that have been added to the original home and reconstructed a master bedroom, kitchen, dinning room and utility room. Mr. Happ asked Mr. Jessup if there was a possible way to design the remodeling to meet the setback requirement with the garage being underneath the second story. Mr. Jessup replied yes if they were to stay with the existing home which has an extremely small kitchen and a very small living room. Mr. Jessup stated that the other option is to move the house forward. That would change the way the street looks because all the houses on that street are set back. Charlie Burris, the architect, stepped before the Board and was sworn in by Chairman Alexander. Mr. Bond asked Mr. Burris if there was a way to get the garage within the setback requirements. Mr. Burris replied that several alternatives were looked at. Mr. Burris explained that the way the existing house is setup, the kitchen is in the center to right side of the house. Mr. Burris stated that the Jessup's would like to put the house back together in such a way that the kitchen, utility room and garage have the proper relationship. Mr. Burris also described the previous additions as being poorly done and they detract from the house. Mr. Burris stated that he has been hired to put the home back the way it should be and to make the whole composition appropriate to the historic character. Mr. Burris told the Board that the proposed garage has been pulled back in as far as it could. It cleared the side setback and the consideration was made so there was plenty of room for cars to get off of Timber Street and into a drive situation. Mr. Burris ended by saying that the problem hinges on the fact that the original house is setback so far and it leaves such a little quantity of space in the rear of the house to do the additions proposed. Mr. Bond asked Mr. Burris what the typical depth of garages are. Mr. Burris replied that typically most garages average 22 feet deep. Mr. Jessup stated that the proposed depth is 24 feet. Chairman Alexander called for anyone wanting to speak in opposition of the request. Leonard Williams of 200 Timber Street stepped before the Board and was sworn in by Chairman Alexander. Mr. Williams told the Board that his only concern is that the residents on Lee Avenue use Timber Street to place their trash cans on trash pick up days. The cans are basically left there all the time. Chairman Alexander told Mr. Williams that would be a code enforcement issue and the city staff would pass that information on. Mr. Happ asked Mr. Jessup if there is any problem backing out of the garage on to Timber Street. Mr. Happ stated that he passed the property and to him it would almost be a safety hazard. Mr. Jessup answered that it is a safety hazard and that was one reason they were happy to be able to enter on Lee Avenue and exit on Timber Street instead of backing out. Mr. Jessup explained that having a larger off street area would help the safety issue. Mr. Jessup ended by telling the Board that he did not intend to back out onto Timber Street. Chairman Alexander closed the public hearing. Ms. Anderson told the Board that Timber Street is a major collector and if this house were built today they would not be allowed to have the driveway on Timber Street, but since there is already an existing drive they can not be denied access. Also the driveway that is being proposed does not meet the driveway ordinance and a variance will have to be sought still from the Planning Review Board. Ms. Anderson told the Board that city staff is aware of the driveway concern. Mr. Happ asked if city staff had a position to this case. Ms. Anderson replied that city staff does not give their positions to cases before the ZBA. Mr. Hill 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: as the property is bordered by Timber Street to the rear, there are no neighbors on that side of the property which will be encroached by the proposed garage; and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: the position of the house being set so far back on the property effectively denies adequate building space to locate a garage to the rear of the house without granting this variance. This is a very old neighborhood and requiring the alternate solution of moving the house forward on the lot would be detrimental to the overall atmosphere of the neighborhood, since other houses in the area are also set well back; and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: a rear setback variance of 11 feet to be granted specific to the required setback for a garage, allowing a rear setback of 9 feet. Mr. Murphy seconded the motion, which passed (5-0)