HomeMy WebLinkAboutMinutes Chairman Goss opened the pt._=ic hearing.
Natalie Ruiz, IPS Group, stepped before the Board and was sworn in by Chairman Goss. Ms. Ruiz
spoke in favor of the request. Ms. Ruiz gave a lengthy presentation.
Others speaking in favor of the request were:
Tom James, 2638 Lombardi, Dallas, Texas, Developer of the property.
Brett McCully, 1722 Broadmore, Bryan, Texas, Engineer for the developer.
Chairman Goss closed the public hearing.
The Board had discussions and decided that they would table the request and let the applicant go before
the Planning and Zoning Commission and the City Council for a text amendment to the UDO.
Mr. Braune made the motion to table. Mr. Taylor seconded the motion, which passed unopposed
(5-0).
The applicant gained approval by the Planning & Zoning Commission on February 2 and the City
Council on February 9. No further action is required by the Zoning Board of Adjustment.
AGENDA ITEM NO. 7: Public hearing, presentation, possible action, and discussion to
consider a setback variance for 211 Lee Avenue. Lot 20, Block 3, in the Oakwood Addition
Subdivision. Applicant is Jefferson Christian Custom Homes, Inc. for Micajah & Nancy
Newman. (05-221)
Staff Planner Trey Fletcher presented the staff report and stated that the applicant is requesting the
variance to allow for the construction of a carport as an accessory use.
The property owner is proposing to construct a 2-car carport and storage building within the required
rear setback of 20 feet in addition to a substantial one-story kitchen/master bedroom addition to the
primary structure, which is a two-story residence. The applicant is requesting to encroach 15 feet,
resulting in a 5-foot rear setback. The enlarged primary structure and the proposed carport / storage
building would be connected by a covered breezeway.
For special conditions the the applicant states: "The long, narrow shape of the lot creates a smaller
building area than is seen on surrounding lot and the rear setback restriction eliminates the ability to
provide covered off-street parking."
There were no hardships offered by the applicant; however, the applicant may reconfigure the home
addition or construct a smaller addition that would allow the new carport/storage structure to be moved
out of the setback. The carport/storage structure could also be moved closer to the home. As always,
the Board may grant a lesser variance.
ZBA Minutes January 10,2006 Page 6 of 8
Staff recommends denial of t3. iequest. The homeowner is proposing. . construction of the carport in
addition to a substantial addition to the rear of the house significantly reducing the buildable area
available for such an accessory use. A porte cohere is proposed along the north side of the house, and
)meets required setbacks. Two movable sheds exist in the rear of the lot and will be relocated or
removed to accommodate the planned improvements. As structures are prohibited from easements, the
proposed carport and storage building are planned to be constructed next to a 5-foot public utility
easement that runs along the rear of the property.
It is the opinion of staff that the variance is not necessary for the preservation and enjoyment of a
substantial property right of the applicant, nor do extraordinary or special conditions affect the subject
property such that a strict application of City codes and/or ordinances deprives an applicant reasonable
use of his or her property.
Chairman Goss opened the public hearing.
Those speaking in favor of the request were:
Micajah Newman, 211 Lee Avenue. Mr.Newman gave a picture presentation.
Nancy Newman, 211 Lee Avenue
Gains West, 200 Suffolk
Linda Price 306 Lee Avenue
Bruce Hoekstra, 210 Lee Avenue
Patricia Burks, Hereford Drive
Sandra Hoekstra, 210 Lee Avenue
Steve Moore, 200 Lee Avenue
)°Speaking in opposition were:
Carroll Claycamp, 300 Lee Avenue
With no one else stepping forward Chairman Goss closed the public hearing
Mr. Goss asked Mr. Fletcher if the alley was abandoned by the city. Mr. Fletcher referred to the survey
in the Boards packet. He stated there was a 5-foot utility easement along the backside of the properties
including Mr. Newman's, a 10-foot reserve strip that comprises part of the alley, an overhead electrical
easement and then another 5-foot reserve strip. It appears the width exceeds 15-feet. Mr. Fletcher
stated that he has no evidence that the alley has been abandoned formally.
Mr. Richards made the motion to authorize a variance to the minimum setback requirements from the
terms of this ordinance as it will not be contrary to the public interests, due to the following special
conditions: relative shape of the lot in subject neighborhood inhibits building area for full normal home
structures; and because a strict enforcement of the provisions of the ordinance would result in
unnecessary hardship to the applicant being: the rear setback restriction eliminates the ability to provide
covered off-street parking; and such that the spirit of the ordinance shall be observed. Ms. Whisenant
seconded the motion, which failed (3-2). Mr. Braune and Mr. Taylor voting to against granting the
variance.
ZBA Minutes January 10,2006 Page 7 of 8
• 'PROV" I :
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y (I's,/Chairman
ATTEST:
Deborah Grace, Staff Assistant
ZBA Minutes January 10,2006 Page 8 of 8