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HomeMy WebLinkAboutStaff ReportProject Manager: Jennifer Prochazka, Planner Report Date: April 5, 2005 Email: jprochazka@cstx.gov Meeting Date: April 19, 2005 Item: Presentation, discussion, and possible action on a Variance Request to Section 18 of the Subdivision Regulations and public hearing, presentation, discussion, and possible action on a Replat for the F.S. Kapchinski Subdivision, Lot 12, Block 1, consisting of two lots on 0.478 acres, located at 1612 Park Place. Applicant: Ali Jaffar, agent for owner Ricky Wilborn Staff Recommendations: Staff recommends approval of the Replat provided that the variance request is approved by the Commission. Item Summary: This item came before the Commission at their March 17, 2005 meeting. The variance request was tabled during the meeting because the public hearing raised questions of property ownership. Since the variance request was tabled, no action could be taken on the Replat. The applicant has obtained a title report that shows title in the name of Ricky Wilborn. Staff has contacted the citizens that spoke at the previous meeting regarding this issue. A variance has been requested to Section 18 of the Subdivision Regulations, Platting and Replatting in Older Residential Subdivisions. The regulations require that specific criteria be met if a replat creates a new lot in a subdivision that was created prior to July 15, 1970. All lots shown on the replat must meet the following criteria: • Meet or exceed the average width of the lots in the block • Contain at least 8,500 square feet of area The proposed lots exceed the 8,500 square foot minimum cited above. According to the applicant, the average width of the lots in the block has been determined to be 59.16 feet. The Applicant is seeking to plat two lots, each with a width of 52.2 feet. A variance has been requested to the width of the lots (see Section 5 Variances included below and supporting variance information with the application). The newly created lots would exceed the required 50 foot minimum lot width for the zoning of this property, which is R-1 Single -Family Residential. A home exists on the property and would not encroach into setbacks created by the new property lines. Prior to the adoption of Section 18 of the Subdivision Regulations, numerous properties in the area were resubdivided. Since Section 18 was adopted in 2002, there have been two other variance requests to this ordinance in the F.S. Kapchinski Subdivision and both have been granted. Comprehensive Plan Considerations: This area is designated as Single - Family Residential, High Density on the Land Use Plan (7-9 dwelling units per acre). The variance is in compliance with the Land Use Plan. Since one lot already exists, Parkland Dedication will be due on the one newly created lot prior to filing the plat. Commission Action Options: The Commission has final authority over the final plat. The Commission must first rule on the variance request which must first be taken off of the table. The options regarding the variance request are: ■ Approval ■ Denial If approved, the Commission can take action on the plat. The options regarding the final plat are: ■ Approval ■ Denial Supporting Materials: 1. Location Map 2. Aerial Map 3. Application & supporting information 4. Subdivision Regulations Section 5: Variances 5. Copy of Final Plat NOTIFICATION: Legal Notice Publication: The Eagle; 4-2-05 Advertised Commission Hearing Date: 4-19-05 Number of Notices Mailed to Property Owners Within 200': 24 Response Received: None as of date of staff report. Project Manager: Jennifer Prochazka, Staff Planner Date: March 11, 2005 Email: jprochazka@cstx.gov Item: Public hearing, presentation, consideration, discussion, and possible action on a Variance Request to Section 18 of the Subdivision Regulations and public hearing, presentation, consideration, discussion, and possible action on a Replat for the F.S. Kapchinski Subdivision, Lot 12, Block 1, consisting of two lots on 0.478 acres, located at 1612 Park Place. Applicant: Ali Jaffar, agent for owner Ricky Wilborn Staff Recommendations: Staff recommends approval of the Replat provided that the variance request is approved by the Commission. Item Summary: This item is for consideration of a variance request to Section 18 of the Subdivision Regulations, Platting and Replatting in Older Residential Subdivisions. The regulations require that specific criteria be met if a replat creates a new lot in a subdivision that was created prior to July 15, 1970. All lots shown on the replat must meet the following criteria: • Meet or exceed the average width of the lots in the block • Contain at least 8,500 square feet of area The proposed lots exceed the 8,500 square foot minimum cited above. According to the applicant, the average width of the lots in the block has been determined to be 59.16 feet. The Applicant is seeking to plat two lots, each with a width of 52.2 feet. A variance has been requested to the width of the lots (see Section 5 Variances included below and supporting variance information with the application). The newly created lots would exceed the required 50 foot minimum lot width for R-1 Single -Family Residential zoning. A home exists on the property and would not encroach into setbacks created by the new property lines. Prior to the adoption of Section 18 of the Subdivision Regulations, numerous properties in the area were resubdivided. Since Section 18 was adopted in 2002, there have been two other variance requests to this ordinance in the F.S. Kapchinski Subdivision and both have been granted. Comprehensive Plan Considerations: This area is designated as Single - Family Residential, High Density on the Land Use Plan (7-9 dwelling units per acre). The variance is in compliance with the Land Use Plan. Since one lot already exists, Parkland Dedication will be due on the one newly created lot prior to filing the plat. Commission Action Options: The Commission has final authority over the final plat. The Commission must first rule on the variance request. The options regarding the variance request are: ■ Approval ■ Denial If approved, the Commission can take action on the plat. The options regarding the final plat are: • Approval ■ Denial Supporting Materials: 1. Location Map 2. Aerial 3. Application & supporting information 4. Subdivision Regulations Section 5: Variances 5. Copy of Final Plat NOTIFICATION: Legal Notice Publication: The Eagle; 3-1-05 Advertised Commission Hearing Date: 3-17-05 Number of Notices Mailed to Property Owners Within 200': 24 Response Received: None as of date of staff report. SECTION 5: VARIANCES 5-A The Commission may authorize a variance from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings herein before required, the Commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Commission finds: 5-A.1 That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; 5-A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 5-A.3 That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and 5-A.4 That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. 5-13 Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meetings at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that public health, safety, and welfare may be secured and substantial justice done. SECTION 5: VARIANCES 55=A The Commission may authorize a variance from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings herein before required, the Commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Commission finds: 5-A.1 That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; 5-A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 5-A.3 That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and 5-A.4 That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. 5-13 Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meetings at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that public health, safety, and welfare may be secured and substantial justice done. F.S. Kapchinski Replat - Variance Information Please note that we will like you to take the following points into consideration for our variance request on 1612 Park Place Replat. The commission has approved several variances in the area which has greatly enhanced the overall neighborhood. Without subdividing the property we will not be able to redevelop this lot. Additionally 32 out of the 43 lots in that area are currently below the average lot width with only 11 lots significantly affecting the overall average width. Thank you, Sincerely, Ali Jaffar SECTION 5: VARIANCES 5-A The Commission may authorize a variance from the regulation when, in their opinion, undue hardship will result from requiring strict compliance. In granting a variance, the Commission shall prescribe only conditions that it deems not prejudicial to the public interest. In making the findings herein before required, the Commission shall take into account the nature of the proposed use of the land involved, the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, the possibility that a nuisance will be created, and the probable effect of such variance upon traffic conditions and upon public health, convenience, and welfare of the vicinity. No variance shall be granted unless the Commission finds: 5-A.1 That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter will deprive the applicant of the reasonable use of his land; 5-A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 5-A.3 That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this chapter; and 5-A.4 That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. 5-B Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meetings at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that public health, safety, and welfare may be secured and substantial justice done. CITY OF COLLEGE STATION Planning & Development Services CITY OF COLLEGE STATION PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764®3570 / Fax (979)764-3496 TO: ALI JAFFAR RE: KAPACHINSKI FAX: 979-823-6617 FROM: Lisa Lindgren, Staff Assistant DATE: April 14, 2005 RE: Agenda & Staff Report P&Z Meeting, April 19, 2005 Following this coversheet is a copy of the Staff report that was prepared for the above referenced project. Please keep in mind that staff's responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the April 19, 2005, Planning & Zoning Commission Meeting, This meeting will begin at 7:00 P.M. in the City Hall Council Chambers., 1101 Texas Avenue. I have included a copy of the agenda for this meeting. Please contact our office at (979) 764-3570 if you should have any questions. Thanks. AdIL CITY OF COLLEGE STATION Miming & Development Servkes CITY OF COLLEGE STATION PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Pox 9960 College Station, Texas 77842 Phone (979)764®3570 / Fax (979)764-3496 TO: ALI JAFFAR RE: KAPCHINSKI FAX: 979-823-6617 FROM: Lisa Lindgren, Staff Assistant DATE: March 15, 2005 RF: Agenda & Staff Report P&Z Meeting, March 17, 2005 Following this coversheet is a copy of the Staff Report that was prepared for the above referenced project. Please keep in mind that staffs responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the March 17, 2445, Planning & Zoning Commission Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers., 1101 Texas Avenue. I have included a copy of the agenda for this meeting. Please contact our office at (409) 979-3570 if you should have any questions. Thanks. Adp .s CITE' OF COLLEGE STATION Planning 6- Development Services CITY OF COLLEGE STATION PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue South, PO Box 9960 College Station, Texas 77842 Phone (979)764-3570 / Fax (979)764-3496 TO: CARLEMAGNO SURVEYING RE: KAPCHINSKI FAX: 979-7754787 17ROM: Lisa Lindgren, Staff Assistant DATE: March 15, 2005 RE: Agenda & Staff Report P&Z Meeting, March 17, 2005 Following this coversheet is a copy of the Staff Report that was prepared for the above referenced project. Please keep in mind that staff's responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the March 17, 2005, Planning & Zoning Commission Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers., 1101 Texas Avenue. I have included a copy of the agenda for this meeting. Please contact our office at (409) 979-3570 if you should have any questions. Thanks. (*01"" CITY OF COLLEGE STATION Planning & Development Services CITY OF COLLEGE PLANNING & DEVELOPMENT SERVICES 1101 Texas Avenue South, P® Box 9960 College Station, Texas 77842 Phone (979)764-3570 I Fax (979)764-3496 TO: ALIJAFFAR CARLEMAGNO SURVEY RE: KAPCHINSKI FAX: 979-775-4787 FROM: Lisa Lindgren, Staff Assistant DATE: March 15, 2005 RE: Agenda. & Staff Report P&Z Meeting, March 17, 2005 Following this coversheet is a copy of the Staff Report that was prepared for the above referenced project. Please keep in mind that staffs responsibility is to provide the Planning & Zoning Commission with all pertinent facts of a development case, but that staff is not acting as an advocate for the applicants. Therefore, it is in the applicant's best interest to send a representative to the Planning & Zoning Commission meeting to speak on behalf of the proposal. This item is scheduled for the Marcie 17, 2005, Planning & Zoning Commission Meeting. This meeting will begin at 7:00 P.M. in the City Hall Council Chambers., 1101 Texas Avenue. I have included a copy of the agenda for this meeting. Please contact our office at (409) 979-3570 if you should have any questions. Thanks.