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HomeMy WebLinkAbout04/01/2014 - Regular Agenda Packet - Zoning Board of Adjustments Zoning Board of Adjustment April 1, 2014 6:00 P.M. Regular Meeting City Hall Administrative Conference Room 1101 Texas Avenue, College Station, Texas AGENDA ZONING BOARD OF ADJUSTMENT Regular Meeting Tuesday, April 1, 2014 at 6:00 PM City Hall Administrative Conference Room 1101 Texas Avenue College Station, Texas 77840 1. Call to order – Explanation of functions of the Board. 2. Consideration of absence requests.  David Ohendalski ~ April 1, 2014 3. Discussion of approved Administrative Adjustments.  14-16 (AA) Park Plaza; 2501 Texas Ave. S.; 10% decrease in off-street parking (PAZ)  14-26 (AA) Copper Falls Executive Suites; 3202 Earl Rudder Freeway S.; 2.5-foot reduction to 25-foot front setback for a carport (MTH)  14-34 (AA) 1121 Phoenix St.; 1-foot reduction to 20-foot rear setback (MTH)  14-35 (AA) 109 & 111 Southland St.; 15-inch reduction to the 40-depth for two parking spaces (PAZ) 4. Consideration, possible action and discussion to approve meeting minutes.  January 7, 2014 meeting minutes  March 19, 2014 New Board Member Board Orientation meeting minutes 5. Public hearing, presentation, possible action, and discussion to consider a side setback variance to the Unified Development Ordinance, Section 12-5.2-Residential Dimensional Standards, for Castle Rock Subdivision Phase 1C, Block 6, Lot 20 located at 4103 Rocky Creek Trail, which is zoned PDD – Planned District Development. 6. Consideration and possible action on future agenda items – A Zoning Board Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. 7. Adjourn. Consultation with Attorney {Gov’t Code Section 551.071; possible action. The Zoning Board of Adjustments may seek advice from its attorney regarding a pending and contemplated litigation subject or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. If litigation or attorney-client privileged information issues arise as to the posted subject matter of this Zoning Board of Adjustments meeting, an executive session will be held. Notice is hereby given that a Regular Meeting of the Zoning Board of Adjustment of College Station, Texas will be held on Tuesday, April 1, 2014 at 6:00 p.m. at the City Hall Administration Conference Room, 1101 Texas Avenue, College Station, Texas. The following subjects will be discussed, to wit: See Agenda Posted this the_____day of__________, 2014 at______p.m. CITY OF COLLEGE STATION, TEXAS By _____________________________ Sherry Mashburn, City Secretary By _____________________________ Kelly Templin, City Manager I, the undersigned, do hereby certify that the above Notice of Regular Meeting of the Zoning Board of Adjustment of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website, www.cstx.gov. The Agenda and Notice are readily accessible to the general public at all times. Said Notice and Agenda were posted on___________________p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting. This public notice was removed from the official posting board at the College Station City Hall on the following date and time: ______________________ by _________________________. Dated this _____ day of____________, 2014. CITY OF COLLEGE STATION, TEXAS By_____________________________ Subscribed and sworn to before me on this the _____ day of_______________, 2014. ______________________________ Notary Public- Brazos County, Texas My commission expires:_________________ This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call 979.764.3517 or (TDD) 800.735.2989. Agendas may be viewed on www.cstx.gov. M I N U T E S ZONING BOARD OF ADJUSTMENT Regular Meeting January 7, 2014 Council Chambers 1101 Texas Avenue 6:00 P.M. MEMBERS PRESENT: Acting Chairman Josh Benn, Jim Davis, Marsha Sanford, Dick Dabney, Scott Simpson MEMBERS ABSENT: Chairman Hunter Goodwin STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planner Teresa Rogers, Assistant Director Lance Simms, Senior Assistant City Attorney John Haislet, Action Center Representative Timothy Green AGENDA ITEM NO. 1: Call to order – Explanation of functions of the Board. Acting Chairman Benn called the meeting to order at 6:03 p.m. AGENDA ITEM NO. 2: Consideration of absence requests.  Josh Benn ~ December 3, 2013  Hunter Goodwin ~ January 7, 2014 Board Member Simpson motioned to approve both absence requests. Board Member Sanford seconded the motion, which passed (4-0). AGENDA ITEM NO. 3: Discussion of requested Administrative Adjustments.  13-251 (AA-Residential Dimensional Standards) 4314 Odell Lane Staff Planner Rogers discussed the adjustment given. There was no discussion. AGENDA ITEM NO. 4: Consideration, possible action and discussion to approve meeting minutes.  December 3, 2013 meeting minutes Board Member Sanford motioned to approve the December 3, 2013 meeting minutes. Board Member Dabney seconded the motion, which passed (4-0). AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion to consider a variance to the minimum number of stories to the Unified Development Ordinance, Section 12-5.9 – Design District Dimensional Standards, for the property located at Lot 2-R, The Ramparts, generally located at 300 Nagle Street. Board Member Davis arrived to the meeting. Staff Planner Rogers presented the staff report and stated that the applicant is requesting a variance to allow a single story for a new sanctuary building. The current zoning of the property requires buildings to have a minimum of two stories. She ended her staff report by saying staff recommended approval of the request with the condition that all exterior facades are a minimum of 25 feet in height and give the appearance of a two-story structure. Acting Chairman Benn opened the public hearing. Stepping forward to speak in favor of the request was Father David Konderla, 603 Church Street, College Station, Texas and John Clements, 2370 Rice Blvd, Suite 210, Houston, Texas 77005. Both were sworn in by Acting Chairman Benn. There was a general discussion amongst the Board. Acting Chairman Benn closed the public hearing. Board Member Sanford motioned to approve the variance with the limitation that all exterior facades are a minimum of 25 feet in height and give the appearance of a two story structure. Board Member Simpson seconded the motion, which passed (5-0). AGENDA ITEM NO.6 : Public hearing, presentation, possible action, and discussion to consider a variance to the Unified Development Ordinance, Section 12-5.8.B.6 – Northgate District Off-Street Parking Standards, regarding ramp location on exterior of parking garage for the property located at Lots 1-5 and 16-20 and Associated BPP, Block 4, Tauber Subdivision, generally located at 601 Cross Street. Staff Planner Rogers presented the staff report and stated the applicant wants to build a structured parking garage with ramps on the garage exterior façade which the current zoning prohibits. She ended her staff report and stated that staff is recommending denial. There was a general discussion amongst the Board. Acting Chairman Benn opened the public hearing. Stepping forward to speak in favor was John Clements. Acting Chairman reminded Mr. Clements that he still was under oath. Acting Chairman Benn closed the public hearing. Acting Chairman Benn motioned to approve. Board Member Sanford seconded the motion. There was a general discussion amongst the Board. Acting Chairman Benn called for the vote to approve the variance subject to the limitation of one exterior ramp along an interior lot line. With Board Member Sanford’s second, the vote was (4-1). The motion was approved. Board Member Davis voting for denial. AGENDA ITEM NO. 6: Public hearing, presentation, possible action, and discussion to consider a building setback variance to the Unified Development Ordinance, Section 12-5.9 – Design District Dimensional Standards, for the property located at Lot 2-R, The Ramparts, generally located at 300 Nagle Street. Staff Planner Rogers presented the staff report and stated that the applicant is requesting a variance to the maximum building setback of 25 feet from the back of the curb in order to build a new sanctuary. The proposed sanctuary on the site would be located further from the curb than allowed by the Unified Development Ordinance. She ended her staff report by saying staff was recommending denial. There was a general discussion amongst the Board. Acting Chairman Benn opened the public hearing. Stepping forward to speak in favor was John Clements. Acting Chairman reminded Mr. Clements that he still was under oath. Acting Chairman Benn closed the public hearing Board Member Dabney motioned to grant the variance with the limitations of: variance of 45 feet to the maximum setback from Church Street, creating a 70-foot maximum setback from the curb; variance of 110 feet to the maximum setback from Nagle Street, creating a 135-foot maximum setback from the back of the curb. Board Member Sanford seconded the motion, which passed (5-0). AGENDA ITEM NO.8: Consideration and possible action on future agenda items – A Zoning Board Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. There were no items discussed. AGENDA ITEM NO. 9: Adjourn. Board Member Sanford motioned to adjourn. Board Member Dabney seconded the motion, which passed (5-0). The meeting was adjourned at 7:18 p.m. ATTEST: APPROVED: _________________________________ _________________________________ Deborah Grace-Rosier, Staff Assistant Josh Benn, Acting Chairman M I N U T E S ZONING BOARD OF ADJUSTMENT New Board Member Orientation March 19, 2014 Administrative Conference Room College Station City Hall 1101 Texas Avenue 12:00 A.M. MEMBERS PRESENT: Chairman Hunter Goodwin, Johnny Burns, Patrick Fogarty, Carol Fountain, David Ohendalski, John ONeill MEMBERS ABSENT: Rick Floyd STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Assistant Director of Planning & Development Services Molly Hitchcock, Principal Planner Jason Schubert, Assistant City Attorney John Haislet Acting Chairman Johnny Burns called the meeting to order at 11:11. AGENDA ITEM NO. 1: Presentation, possible action, and discussion regarding conflict of interest provisions. Assistant City Attorney John Haislet went over conflict of interest. There was a general discussion amongst the Board. AGENDA ITEM NO. 2: Presentation, possible action, and discussion regarding an orientation on serving on the Zoning Board of Adjustment. Chairman Goodwin showed up to the meeting. Board Members and City Staff introduced themselves. Chairman Goodwin appointed Johnny Burns to serve as Acting Chairman should he be absent from meetings. Assistant Director of Planning and Development Services Molly Hitchcock and Principal Planner Jason Schubert went over the Board Member information packet. There was a general discussion amongst the Board and City Staff. The meeting was adjourned at 12:06 ATTEST: APPROVED: _________________________________ _________________________________ Deborah Grace-Rosier, Staff Assistant Hunter Goodwin, Chairman Zoning Board of Adjustment Page 1 of 6 April 1, 20014 VARIANCE REQUEST for 4103 Rocky Creek Trail 14-00900051 REQUEST: A variance to Unified Development Ordinance (UDO) Section 12- 5.2, Residential Dimensional Standards, to allow a 2.8-foot variance to the 5 foot side building setback. LOCATION: 4103 Rocky Creek Trail; Castle Rock Subdivision Phase 1C, Block 6, Lot 20 APPLICANT: Glenn Thomas PROPERTY OWNER: same as applicant PROJECT MANAGER: Teresa Rogers, Staff Planner trogers@cstx.gov BACKGROUND: The subject property is located in Castle Rock Subdivision and is zoned as a Planned Development District, which allows for single- family residential uses. When an as-built survey was performed, it was discovered that the home was encroaching into the 5-foot setback by 2.8 feet. The applicant has been unable to sell the home. Therefore, the applicant is requesting to encroach 2.8 feet into the 5 foot side building setback. APPLICABLE ORDINANCE: UDO Section 12-5.2, Residential Dimensional Standards, City of College Station Ordinance Number 2005-2814. ORDINANCE INTENT: UDO Section 12-5.2, Residential Dimensional Standards, sets standard requirements that allow for some degree of control over population density, access to light and air, and fire protection. These standards are typically justified on the basis of the protection of property values. In this case, the side building setback has been reduced from the standard 7.5 feet to a 5-foot side building setback for the Castle Rock Subdivision Planned Development District. RECOMMENDATION: Staff recommends denial of the applicant’s request for a 2.8-foot encroachment of the 5-foot side building setback. This is not a hardship or special condition as the error is the result of the applicant’s actions and is not the result of a special condition with the property that deprives the applicant of the reasonable use of the property. Zoning Board of Adjustment Page 2 of 6 April 1, 20014 Zoning Board of Adjustment Page 3 of 6 April 1, 20014 Zoning Board of Adjustment Page 4 of 6 April 1, 20014 NOTIFICATIONS Advertised Board Hearing Date: April 1, 2014 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Castle Rock Homeowners Association Property owner notices mailed: 16 Contacts in support: One at the time of this report. Contacts in opposition: None at the time of this report. Inquiry contacts: None at the time of this report. ZONING AND LAND USES Direction Zoning Land Use Subject Property PDD Planned Development District Single-Family Residence North PDD Planned Development District Single-Family Residence South (across William D. Fitch) PDD Planned Development District Single-Family Residence East PDD Planned Development District Single-Family Residence West PDD Planned Development District Single-Family Residence PHYSICAL CHARACTERISTICS 1. Frontage: 4103 Rocky Creek Trail has approximately 35 feet of frontage. 2. Access: The property is accessed by Rocky Creek Trail, a street located within Castle Rock Subdivision. 3. Topography and vegetation: 4301 Rocky Creek Trail has little vegetation on site and the site’s slope is relatively flat. 4. Floodplain: The subject property is not located within FEMA regulated flood plain. REVIEW CRITERIA 1. Extraordinary conditions: That there are extraordinary or special conditions affecting the land involved such that strict application of the provisions of the UDO will deprive the applicant of the reasonable use of his land. The applicant has stated that the right front survey pin was put in the wrong place after the water/sewer taps were made by the city. The relocation of the pin caused the encroachment to occur. Ultimately, it is the builder’s responsibility to ensure the setback requirements have been met prior to pouring the foundation of the building. There is no Zoning Board of Adjustment Page 5 of 6 April 1, 20014 special condition affecting the land which would prohibit the construction of the house if it had been constructed in the correct location. 2. Enjoyment of a substantial property right: That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. This variance is necessary for the preservation and enjoyment of a substantial property right of the applicant because the current use of the property as a single-family residence does not meet the proposed Planned Development District standards that were approved for this property. If the proposed variance request is not granted, the applicant would be required to alter or demolish the structure because it does not comply with the standards of the UDO. 3. Substantial detriment: 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 UDO. The granting of this variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area or to the City administering the UDO. 4. Subdivision: That the granting of the variance will not have the effect of preventing the orderly subdivision of land in the area in accordance with the provisions of this UDO. The granting of this variance would not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of the UDO, as the surrounding property is already subdivided. 5. Flood hazard protection: That the granting of the variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements. The granting of this variance will not have the effect of preventing flood hazard protection in accordance with Article 8, Subdivision Design and Improvements because no portion of this property is located within the floodplain. 6. Other property: That these conditions do not generally apply to other property in the vicinity. The 5-foot side building setback applies to all properties within the Castle Rock Subdivision. 7. Hardships: That the hardship is not the result of the applicant’s own actions. A hardship does not exist on the subject property. The encroachment of the building into the 5-foot side building setback was due to an error by the builder, who failed to locate the correct boundaries of the front setback before constructing the structure’s foundation. 8. Comprehensive Plan: That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this UDO. The granting of this variance does not substantially conflict with the Comprehensive Plan or the purposes of this UDO. Zoning Board of Adjustment Page 6 of 6 April 1, 20014 9. Utilization: That because of these conditions, the application of the UDO to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property. The application of the UDO standards to this particular piece of property does not prohibit or unreasonably restrict the applicant in the utilization of their property. If the structure was demolished or structurally altered, it could be built within the required building setbacks. ALTERNATIVES The only alternative given by the applicant is the removal of the portion of the structure that is located within the 5-foot side building setback. STAFF RECOMMENDATION Staff recommends denial of the applicant’s request for a 2.8-foot encroachment of the 5-foot side building setback. This is not a hardship or special condition as the error is the result of the applicant’s actions and is not the result of a special condition with the property that deprives the applicant of the reasonable use of the property. SUPPORTING MATERIALS 1. Application 2. Survey