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HomeMy WebLinkAboutStaff Report STAFF REPORT Project Manager: Molly Hitchcock Date: March 17. 2005 Email: mhitchcock@cstx.gov Item: Public hearing, consideration, discussion, and possible action on a Variance from Section 18 of the Subdivision Regulations for Lots 62 A and B and 63 A and B and public hearing, consideration, discussion and possible action on a Replat for Richards Subdivision Lots 61, 62, and a portion of 63 consisting of five lots on 0.845 acres generally located on the south side of Sterling Street near its intersection with Crest Street. Applicant: Louise Fischer of Kerr Surveying, agent for owner 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 regarding Platting and Replatting in Older Residential Subdivisions. The ordinance requires that when a replat is submitted for a lot where the original subdivision was created before July 15, 1970 and the replat creates a new lot, all lots shown on the plat must meet two criteria: • All lots on the plat must meet or exceed the average width of the lots in the block, and • All lots on the plat must contain a minimum 8,500 sq.ft. The original plat for Richards Subdivision created all lots approximately 104 feet by 104 feet. The minimum lot allowed in R-1 is 50 by 100 feet. Numerous properties in the area have been resubdivided over the years. According to the applicant, the current average width of the platted lots on Sterling is 58.12 feet. Four of the resulting lots from this replat (Lots 62A, 62B, 63A, and 63B) would be approximately 55-ft wide containing 6026 - 6093 sq.ft. each; therefore, the variance request is for both provisions contained in the ordinance—lot width and lot area for these lots. Proposed Lot 61A meets the requirements of Section 18 and therefore does not require a variance. A home exists on the property and would not encroach into setbacks created by the new property lines. Since Section 18 was adopted in 2002, there have been three variance requests to the ordinance in the Richards Subdivision and all have been granted. As the applicant has stated in the attached variance request, the resubdivision of the original lots in the Richards Subdivision has not been uncommon, and the resulting lot sizes are in compliance with R-1 Single Family lot size standards. The Comprehensive Plan shows this area as single-family residential high density (7-9 dwelling units per acre). The variance is in compliance with the Land Use Plan. Parkland dedication (fees) is required before the plat is finally approved or filed in the Brazos County Deed Records. The Commission must consider the variance request prior to approving the replat. Commission options regarding the variance request: • Approval or • Denial. Commission options regarding the replat: The Commission has final authority over the final replat. The options regarding the final replat are: • Approval with conditions; • Approval as submitted; or • Denial. Supporting Materials: 1. Location Map 2. Aerial 3. Application 4. Subdivision Regulations Section 5: Variances 5. Copy of Final Replat NOTIFICATION: Legal Notice Publication(s): The Eagle; 3-1-05 Advertised Commission Hearing Dates(s): 3-17-05 Number of Notices Mailed to Property Owners Within 200': 28 Response Received: Two neighboring property owners have called and are not opposed to the variance and replat. 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-AA 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. KERR SURVEYING, LLC P.O. BOX 269 505 CHURCH STREET COLLEGE STATION,TEXAS 77841 Brad Kerr Telephone: Registered Professional (979)268-3195 Land Surveyor#4502 (979)691-8904 FAX Replat of Richard Subdivision 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 per-sons 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; **The property is currently a family estate with only one house. The family wishes to distribute the land among family members for further development and use, whether by the family or others upon sale of each lot. No additional building permits or sale of a portion of the property to benefit the family members is allowed without the Replat and creation of additional lots. 5-A.2 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; **Other landowners in the area have been allowed in the past to create new lots for development and sale. The current property owners only wish for the same tolerance. 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 **The creation of the new lots would be within the tolerances allowed for"new" subdivisions, and would therefore not be creating any additional detriments. 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. **The new lots are within the same size range as existing lots in the area. The replat will only enhance the development of this neighborhood. Note: This area is designated as a proposed "high-density" area in the City of College Station Comprehensive Plan. (*i CITY OF COLLEGE STATION Planning ter 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: LINDER JONES RE: RICHARDS ADDITION FAX: 979-845-1643 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 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.