HomeMy WebLinkAboutCorrespondence 401,1141141
CITY OF COLLEGE STATION
Planning&Development Services
February 22, 2006
James L. Sharp
1204 Holleman Drive
College Station,TX 77840
RE: Zoning Conformity of Property located at 1204 Holleman Dr.
Block 10, Lot 2, Woodson Village
Dear Mr. Sharp:
This letter is in response to your request for zoning conformity of property referenced above. The
property is located in the City of College Station and is zoned R-1 (Single Family Residential). The City
of College Station's current Unified Development Ordinance (UDO) requires a 7.5 ft. side setback for
single family homes. It is my understanding that the property at 1204 Holleman Dr. has a 6.4 ft. setback.
However, the existing side setback was in conformance with the Zoning Ordinance in effect when the
home was built 1973. The property's in therefore considered legally nonconforming, or "grandfathered"
because the zoning ordinance has changed since this property was developed. Full compliance with
current codes will be initiated if and when the land use of the property change, or when significant site
changes are proposed.
Protection under nonconforming status is determined by case law, and its interpretation through our
Legal Department. It is my understanding that if a site does not conform to UDO requirements due to
preexisting conditions that were legal before ordinance changes, the site is entitled to nonconforming
status protection. The use of the property is then allowed to continue until that use is abandoned. If the
owner decides to change the use of the property, or allows it to remain vacant with the intent of changing
the use,protection under nonconforming status is lost, and the City will then require full compliance with
UDO requirements.
Such protection extends to basic maintenance and replacement of structures. It does not extend to the
expansion of existing structures, nor to their relocation. Therefore, if a natural occurrence such as a fire
damages the structure, it is our policy to allow reconstruction if the new structure resembles the land use
intensity of the one that was destroyed.
Please feel free to contact me at 979.764.3570 should you have further questions concerning this matter.
Sincerely,
Lance Simms
Assistant Director of Planning&Development Services
P.O.BOX 9960•1101 TEXAS AVENUE
COLLEGE STATION •TEXAS•77842
979.764.3570
www.cstx.gov