HomeMy WebLinkAbout10/07/2014 - Regular Agenda Packet - Zoning Board of Adjustments
Zoning Board of Adjustment
October 7, 2014
6:00 P.M.
Regular Meeting
City Hall
Council Chambers
1101 Texas Avenue,
College Station, Texas
AGENDA
ZONING BOARD OF ADJUSTMENT
Regular Meeting
Tuesday, October 7, 2014 at 6:00 PM
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas 77840
1. Call to order – Explanation of functions of the Board.
2. Discussion of approved Administrative Adjustments.
14-00900210 thru 14-00900231 – 400 - 421 Hayes Ln; Increase 25-foot wide driveways to
27 feet
14-00900246 - 2609 Goodrich Ct; Reduce 20-foot rear setback by 17 inches
3. Consideration, possible action and discussion to approve meeting minutes.
September 2, 2014
4. Presentation, possible action, and discussion to authorize a rehearing of a building setback
variance for the property located at West Park Addition, Block 1, Lot 13, generally located at
114 Park Place which is zoned GS General Suburban. Case # 14-00900190 (J. Cuarón)
5. 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.
6. 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, October 7, 2014 at 6:00 p.m. at the City Hall Council Chambers, 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
September 2, 2014
City Hall Council Chambers
1101 Texas Avenue
6:00 P.M.
MEMBERS PRESENT: Chairman Hunter Goodwin, Johnny Burns, Jim Davis, Alternates Scott
Simpson and Patrick Fogarty
MEMBERS ABSENT: David Ohendalski
STAFF PRESENT: Staff Assistant Deborah Grace-Rosier, Staff Planners Jessica Bullock,
Jerry Cuarón, and Mark Bombek, Planning Technician Rachel Lazo,
Principal Planner Jason Schubert, Assistant Director of Planning &
Development Services Molly Hitchcock, Assistant City Attorney John
Haislet, Action Center Representative Jeremy Alderete
AGENDA ITEM NO. 1: Call to order – Explanation of functions of the Board.
Chairman Goodwin called the meeting to order at 6:00 p.m.
AGENDA ITEM NO. 2: Discussion of requested Administrative Adjustments.
14-00900173 - 2613 Cartington Ct.; Reduce Side Setback by 9 inches
14-00900188 - 8103 Raintree Dr.; Reduce Side Street Setback by 1.5 feet
14-00900196 - 1007 Harrington Ave.; Reduce Front Setback by 2.5 feet
There was no discussion.
AGENDA ITEM NO. 3: Consideration, possible action and discussion to approve meeting
minutes.
July 1, 2014
Board Member Burns motioned to approve the meeting minutes. Board Member Davis seconded the
motion which passed unopposed (5-0).
AGENDA ITEM NO. 4: Public hearing, presentation, possible action, and discussion to
consider a building setback variance for the property located at West Park 2nd Addition, Block A,
Lot 13, generally located at 114 Park Place which is zoned GS General Suburban. Case # 14-
00900190 (J. Cuarón)
Staff Planner Cuarón presented the staff report and stated that the applicant is requesting a variance to
allow for a reduction of 8 feet to the 20-foot rear setback. He ended his staff report by stating staff is
recommending denial due to no special condition or hardship existing on the lot.
There was general discussions amongst the Board.
Chairman Goodwin opened the public hearing.
Tim Krivdo, 114 Park Place, College Station, Texas, was sworn in by Chairman Goodwin. Mr. Krivdo
presented pictures to the Board to explain the proposed garage addition and answered questions from
the Board.
There was a discussion amongst the Board concerning the alley and/or easement shown running at the
rear of the property. Principal Planner Schubert stated that according the plat and the Appraisal
District it is an alley owned by the City of College Station.
Board Member Davis motioned to deny the variance request. Board Member Burns seconded the
motion.
There was general discussions amongst the Board.
Chairman Goodwin called for the vote to deny. Board voted (3-2). Variance request was denied.
Chairman Goodwin and Scott Simpson voting against the denial.
AGENDA ITEM NO. 5: 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. 6: Adjourn.
Board Member Burns motioned to adjourn. Board Member Davis seconded the motion, which passed
(5-0). The meeting was adjourned at 6:44.
ATTEST: APPROVED:
_________________________________ _________________________________
Staff Assistant, Deborah Grace-Rosier Chairman, Hunter Goodwin
MEMORANDUM
October 7, 2014
TO: Members of the Zoning Board of Adjustment (ZBA)
FROM: Jerry Cuarón, Staff Planner
SUBJECT: 114 PARK PLACE (ZBA)
Item:
Presentation, possible action, and discussion to authorize a rehearing of a building setback
variance for the property located at West Park Addition, Block 1, Lot 13, generally located at
114 Park Place which is zoned GS General Suburban.
Summary:
At the September 2, 2014 meeting, the ZBA voted (3-2) to deny the variance to allow for a
reduction of 8 feet to the 20-foot rear setback for the above-referenced case. There was a
discussion amongst the Board concerning the alley and/or easement shown running at the rear
of the property. Principal Planner Schubert stated that according to the parcel data from the
Appraisal District it is an alley owned by the City of College Station.
The applicant has submitted new information that was previously not available to the Board.
These plats and a picture are attached. The applicant has requested for the Board to allow this
item to be reheard at a future meeting. The Board will not be able to approve or deny the
request at this meeting but will decide whether the new information warrants a rehearing of the
variance at the November 4, 2014 meeting.
Supporting Materials:
1. Plats and picture provided by the applicant
2. September 2, 2014 Staff Report
pc: Case file #14-00900190
Zoning Board of Adjustment Page 1 of 6
September 2, 2014
VARIANCE REQUEST
FOR
114 Park Place
14-00900190
REQUEST: A variance to Unified Development Ordinance Section 12-5.2
‘Residential Dimensional Standards’, to allow for an 8-foot
variance to the required rear setback of 20-feet.
LOCATION: 114 Park Place
West Park Addition, Block 1, Lot 13
APPLICANT: Tim & Amber Krivdo, Property Owners
PROJECT MANAGER: Jerry Cuarón, Staff Planner
gcuaron@cstx.gov
BACKGROUND: The subject property is located in the West Park Addition
Subdivision and is zoned GS General Suburban, which allows for
single-family residential uses. The property was originally platted
in 1946 and is designated Urban and Redevelopment on the
Comprehensive Future Land Use and Character Map. The
applicant’s concrete foundation currently encroaches into the 20-
foot rear setback eight (8) feet and this location is grandfathered.
The applicant is proposing to construct a garage on the existing
foundation. Therefore, the applicant is requesting a variance
to the Unified Development Ordinance (UDO) Section 12-5.2,
‘Residential Dimensional Standards’ to allow for a reduction
of 8 feet to the 20-foot rear setback.
APPLICABLE
ORDINANCE SECTION: UDO Section 12-5.2 ‘Residential Dimensional Standards’
ORDINANCE INTENT: UDO Section 12-5.2, ‘Residential Dimensional Standards’ sets
design standard requirements that usually 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.
RECOMMENDATION: Staff recommends denial of the variance request as a hardship or
special condition does not appear to exist in this case.
Zoning Board of Adjustment Page 2 of 6
September 2, 2014
Zoning Board of Adjustment Page 3 of 6
September 2, 2014
Zoning Board of Adjustment Page 4 of 6
September 2, 2014
NOTIFICATIONS
Advertised Board Hearing Date: September 2, 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:
Property owner notices mailed: Twenty-two (22)
Contacts in support: None at the time of this report.
Contacts in opposition: None at the time of this report.
Inquiry contacts: One (1) at the time of this report.
ZONING AND LAND USES
Direction Zoning Land Use
Subject Property GS General Suburban Single-Family Residence
North (Across
Park Place) GS General Suburban Single-Family Residence
South GS General Suburban Single-Family Residence
East (Across
Maryem Street) GS General Suburban Single-Family Residence
West GS General Suburban Single-Family Residence
PHYSICAL CHARACTERISTICS
1. Frontage: The subject property has approximately 70.5 feet of frontage on Park Place.
2. Access: The subject property is accessed from Park Place.
3. Topography and vegetation: The subject property is relatively flat with some mature
vegetation.
4. Floodplain: The subject property is not located within FEMA regulated floodplain.
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 states that due to the subject property being located on a corner lot, they will
not be able to comply with the current rear building setback of 20 feet for the construction of
their new garage. Staff does not believe that an extraordinary or special condition exists in
this case as the surrounding properties are subject to the same rear setback. A strict
application of the UDO would not deprive the applicant of the reasonable use of the
property.
Zoning Board of Adjustment Page 5 of 6
September 2, 2014
This property is located in the West Park Neighborhood and as designated on the
Comprehensive Plan as Urban and Redevelopment.
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.
The variance is not necessary for the preservation and enjoyment of the substantial
property right of the applicant. If the proposed variance is not granted, the garage will have
to be built to meet the 20-foot rear setback in compliance with the UDO. The current use of
the property as a single-family residence in an older subdivision is grandfathered to its
current setback encroachment. If the proposed variance request is not granted, the
applicant will still be allowed to use the property as a non-conforming structure; therefore,
they are not being denied a substantial property right.
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.
Granting the variance would not be as detrimental to the public health, safety, or welfare, or
injurious to other property in the area, or to the City in administering this UDO as the rear of
this property is adjacent to an alley which separates it from the adjacent property.
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 the variance will not have the effect of preventing the orderly subdivision of
land in the area in accordance with the provisions of the UDO because the subject and
surrounding properties cannot be further subdivided unless they comply with the subdivision
regulations.
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 due to no portion of this
property being located within floodplain.
6. Other property: That these conditions do not generally apply to other property in the
vicinity.
For new construction, the same setback requirements apply to all properties zoned GS
General Suburban and are not unique to this property.
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 applicant has proposed locating the
new garage on an existing foundation. The request to encroach eight feet into the 20-foot
Zoning Board of Adjustment Page 6 of 6
September 2, 2014
rear setback is a result of the applicant’s own actions and is not the result of a special
condition of the property.
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
but does conflict with the provisions of this UDO in that it does not comply with current
building setback requirements that are applicable to all new structures on single-family
properties.
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 property does not prohibit the
applicant in the utilization of their property. The setback does not restrict the applicant from
utilizing a large portion of the property. New structures can be built within required building
setbacks.
ALTERNATIVES
The applicant has not provided any alternative solutions to the location of their garage outside
of the rear building setback.
STAFF RECOMMENDATION
Staff recommends denial of the variance request as a hardship or special condition does not
exist in this case.