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Home My WebLink About12/05/2017 - Regular Agenda Packet - Zoning Board of AdjustmentsZoning Board of Adjustment College Station, TX Meeting Agenda - Final City Hall 1101 Texas Ave College Station, TX 77840 The City Council may or may not attend this meeting. Council Chambers6:00 PMTuesday, December 5, 2017 1. Call meeting to order. Presentation, possible action and discussion regarding meeting minutes. * November 07, 2017 17-07262. November 7, 2017Attachments: Public hearing, presentation, possible action and discussion to consider a variance to Unified Development Ordinance (UDO) Section 6.5.B.5. ‘Living Quarters’, to allow an Accessory Structure- Living Quarters to have an additional 12% (192 square feet) over the maximum 25% (408 square feet) of the principal structure ’s habitable floor area for the property located at 1211 Haddox Court, more specifically located at Lot 28, Block 53 of the Southwood Valley Phase 14D Subdivision, zoned GS General Suburban. Case #AWV2017-000039 17-07123. Sponsors:Broadnax Staff Report Application Site Plan Vicinity Map & Aerial Attachments: 4. Discussion and possible action on future agenda items - A 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. 5. Adjourn. The Board or Commission may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on November 29, 2017 at 5:00 p.m. Page 1 College Station, TX Printed on 11/29/2017 December 5, 2017Zoning Board of Adjustment Meeting Agenda - Final _____________________ City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary ’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx .gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 2 College Station, TX Printed on 11/29/2017 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0726 Name: Status:Type:Minutes Agenda Ready File created:In control:11/28/2017 Zoning Board of Adjustment On agenda:Final action:12/5/2017 Title:Presentation, possible action and discussion regarding meeting minutes. * November 07, 2017 Sponsors: Indexes: Code sections: Attachments:November 7, 2017 Action ByDate Action ResultVer. Title... Presentation, possible action and discussion regarding meeting minutes. *November 07, 2017 College Station, TX Printed on 11/29/2017Page 1 of 1 powered by Legistar™ MINUTES ZONING BOARD OF ADJUSTMENT Regular Meeting November 7, 2017 City Hall Administrative Conference Room College Station City Hall 1101 Texas Avenue 6:00 P.M. MEMBERS PRESENT: Chairman Keith Roberts, Sherri Echols, Jeff Mazzolini, Justin Lopez and Dennis Christiansen STAFF PRESENT: Molly Hitchcock, John Haislet, Madison Thomas, and Crystal Derkowski AGENDA ITEM NO. 1: Call to Order. Chairman Roberts called the meeting to order at 6:00 p.m. AGENDA ITEM NO. 2: Presentation, possible action, and discussion regarding the minutes from August 05, 2017. Board Member Christiansen motioned to approve the September 05, 2017 meeting minutes. Board Member Lopez seconded the motion, which passed (5-0). AGENDA ITEM NO. 3: Discussion of approved Administrative Adjustments. * AWV2017-000031 St. Mary's JP II Addition; 603 Church Ave; Administrative Adjustments; Setback (PAZ) * AWV2017-000032 Red Lion Suites; 2829 Texas Ave S; Administrative Adjustments; Parking space dimensions (LH) There was no discussion AGENDA ITEM NO. 4: Public hearing, presentation, possible action, and discussion on a lot width variance to the Unified Development Ordinance Section 5.1.H of six (6) feet to the fifty (50) foot lot width requirement to allow for a detached single family home on Lot 9 of the Holleman Ridge Subdivision, Block 1, generally located at 1420 Holleman Dr., which is zoned T Townhouse. Case #AWV2017-000028 Madison Thomas, Staff Planner, presented the staff report and stated that the applicant is requesting a lot width variance. She ended her staff report and stated that staff is recommending approval. There was a general discussion amongst the Board. Chairman Roberts opened the public hearing. Joe Schultz, applicant, spoke in favor of the variance request. Shabeer Jaffar, owner, spoke in favor of the variance request. Chairman Roberts closed the public hearing. There was a general discussion amongst the Board. Board Member Lopez motioned to approve the lot width variance as it will not be contrary to the public interest, due to the extraordinary conditions. Board Member Christiansen seconded the motion. Chairman Roberts called for the vote. Motion to approve passed (5-0). AGENDA ITEM NO. 5: Public hearing, presentation, possible action, and discussion on two lot width variances to the Unified Development Ordinance Section 5.1.H of six (6) feet each to the fifty (50) foot lot width requirement to allow for detached single family homes on Lots 7 and 8 of the Holleman Ridge Subdivision, Block 1, generally located at 1416 and 1418 Holleman Dr., which are zoned T Townhouse. Case #AWV2017-000027. Madison Thomas, Staff Planner, presented the staff report and stated that the applicant is requesting two lot width variances. She ended her staff report and stated that staff is recommending approval. There was a general discussion amongst the Board. Chairman Roberts opened the public hearing. Joe Schultz, applicant, spoke in favor of the variance request. Chairman Roberts closed the public hearing. There was a general discussion amongst the Board. Board Member Lopez motioned to approve the lot width variances as they will not be contrary to the public interest, due to the extraordinary conditions. Board Member Mazzolini seconded the motion. Chairman Roberts called for the vote. Motion to approve passed (5-0). AGENDA ITEM NO. 5: Discussion and possible action on future agenda items - A 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 was no discussion. AGENDA ITEM NO. 6: Adjourn The meeting was adjourned at 6:12 p.m. ATTEST: APPROVED: _________________________________ _______________________________ Crystal Derkowski, Staff Assistant Keith Roberts, Chairman City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:317-0712 Name:1211 Haddox Accessory Structure - Living Quarters Status:Type:Variance Agenda Ready File created:In control:11/22/2017 Zoning Board of Adjustment On agenda:Final action:12/5/2017 Title:Public hearing, presentation, possible action and discussion to consider a variance to Unified Development Ordinance (UDO) Section 6.5.B.5. ‘Living Quarters’, to allow an Accessory Structure- Living Quarters to have an additional 12% (192 square feet) over the maximum 25% (408 square feet) of the principal structure’s habitable floor area for the property located at 1211 Haddox Court, more specifically located at Lot 28, Block 53 of the Southwood Valley Phase 14D Subdivision, zoned GS General Suburban. Case #AWV2017-000039 Sponsors:Jade Broadnax Indexes: Code sections: Attachments:Staff Report Application Site Plan Vicinity Map & Aerial Action ByDate Action ResultVer. Title... Public hearing, presentation, possible action and discussion to consider a variance to Unified Development Ordinance (UDO) Section 6.5.B.5. ‘Living Quarters’, to allow an Accessory Structure- Living Quarters to have an additional 12% (192 square feet) over the maximum 25% (408 square feet) of the principal structure’s habitable floor area for the property located at 1211 Haddox Court, more specifically located at Lot 28, Block 53 of the Southwood Valley Phase 14D Subdivision, zoned GS General Suburban. Case #AWV2017-000039 College Station, TX Printed on 11/29/2017Page 1 of 1 powered by Legistar™ Zoning Board of Adjustment Page 1 of 6 December 5, 2017 VARIANCE REQUEST FOR 1211 Haddox Court AWV2017-000039 REQUEST: A variance to Unified Development Ordinance (UDO) Section 12-6.5.B.5 ‘Living Quarters’ to allow an additional 192 square feet to the maximum 25% (408 square feet) of the principal structure’s habitable floor area for an Accessory Structure- Living Quarters. LOCATION: 1211 Haddox Court Southwood Valley Phase 14D, Block 53, Lot 28 ZONING: GS General Suburban APPLICANT: Michael Terral PROJECT MANAGER: Jade Broadnax, Staff Planner jbroadnax@cstx.gov BACKGROUND: The subject property is the location of a 1,632 square foot Single Family home. The current property owner is proposing to construct a 600 square foot accessory living quarters for his son who is on disability. By ordinance, accessory living quarters are not to exceed twenty-five (25) percent of the area of the principal structure, which in this case is 408 square feet. A 600 sq.ft. living structure would be 37% of the floor area of the home on site; therefore, the applicant is requesting a variance to the Unified Development Ordinance (UDO) Section 12-6.5.B.5 ‘Living Quarters’ to allow an additional 12% (192 square feet) to the maximum 25% (408 square feet) of the principal structure’s habitable floor area to allow a 600 sq.ft. accessory living structure in a single family neighborhood. APPLICABLE ORDINANCE SECTION: 12-6.5.B.5 ‘Living Quarters’ ORDINANCE INTENT: UDO Section 12-6.5.B.5 ‘Living Quarters’ sets maximum square footage requirements for Accessory Buildings – Living Quarters that limit the size and scale of Accessory Buildings – Living Quarters to remain appropriate for single family zoning districts. RECOMMENDATION: Staff recommends denial of the variance. Zoning Board of Adjustment Page 2 of 6 December 5, 2017 Zoning Board of Adjustment Page 3 of 6 December 5, 2017 Zoning Board of Adjustment Page 4 of 6 December 5, 2017 NOTIFICATIONS Advertised Board Hearing Date: December 5, 2017 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: None (Southwood Valley HOA currently has no contact information available) Property owner notices mailed: 28 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 GS General Suburban Single Family Home North GS General Suburban Single Family Home South GS General Suburban Single Family Home East GS General Suburban Single Family Home West GS General Suburban Single Family Home PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has 56.72 feet of frontage on Haddox Court. 2. Access: The subject property is currently taking access from Haddox Court. 3. Topography and vegetation: The subject property is relatively flat and there is mature vegetation on the property. 4. Floodplain: The subject property is not located within FEMA regulated floodplain. REVIEW CRITERIA According to Unified Development Ordinance Section 12-3.19.E ‘Criteria for Approval of Variance’, no variance shall be granted unless the Board makes affirmative findings in regard to all nine of the following 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. Staff does not believe that an extraordinary or special condition exists that would deprive the applicant a reasonable use of the land. In this case the applicant has approached the City with a request to increase the square footage allowed for an accessory structure. The square footage maximum as outlined in the Unified Development Ordinance allows for 25% of the principal structure’s habitable floor area to be designated for an Accessory Structure- Living Quarters. A Zoning Board of Adjustment Page 5 of 6 December 5, 2017 strict application of the UDO would not deprive the applicant of the reasonable use of the property, nor does it take away rights to build an accessory structure that is up to 408 square feet. 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 applicant could request an Accessory Structure – Living Quarters that is in compliance with the standards outlined for the Living Quarters that allows for a habitable space. If the variance is not granted, the applicant is 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 detrimental to the public health, safety, or welfare, or injurious to other property in the area, or to the City in administering this 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 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. 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. No extraordinary conditions related to the land have been identified. The Accessory Structure – Living Quarters standards apply to all property within the GS General Suburban zoning district and are not unique to this property. 7. Hardships: That the hardship is not the result of the applicant’s own actions. A hardship that occurs because of an extraordinary condition of the land does not exist on the subject property. The applicant is not denied a right to build an Accessory Structure - Living Quarters. The applicant states in the request that the hardship is that the maximum square footage allowed does not make a reasonable living area for his son. The size of living area is not a hardship related to the land, it is a characteristic of the owner’s personal situation, and does not relate to a physical characteristic of the property itself. 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 and with the purposes of this UDO, but a variance would permanently allow an Accessory Structure – Living Quarters in conflict with the accessory use standards. Zoning Board of Adjustment Page 6 of 6 December 5, 2017 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 single family home constructed in 1983 will remain in use, and an Accessory Structure – Living Quarters is still permitted on the property. ALTERNATIVES The alternative exists to construct a residential addition to the 1,632 square foot single family home that will allow for a habitable area larger than the 408 square feet allowed for an Accessory Structure – Living Quarters. STAFF RECOMMENDATION Staff recommends denial of the variance request. ATTACHMENTS 1. Application 2. Site plan 3. Vicinity Map & Aerial