HomeMy WebLinkAbout06/20/2017 - 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, June 20, 2017
1. Call meeting to order.
Presentation, possible action and discussion regarding meeting
minutes.
* May 09, 2017
17-02932.
May 9,2017Attachments:
Discussion of approved Administrative Adjustments.
*AWV2017-000004 Brazos Square Renovations; 2200 Texas Ave
S; Administrative Adjustment; Parking space dimensions (PAZ)
*AWV2017-000013 505 Dexter Dr; Administrative Adjustment; Side
Setback (LH)
17-02943.
Public hearing, presentation, possible action, and discussion to
consider a building setback variance for West Park Subdivision
Block 7, Lot 3 and 25 feet of Lot 2 generally located at 103 Fidelity
Street, which is zoned GS General Suburban. Case
#AWV2017-000014.
17-02994.
Sponsors:Bombek
Staff Report
Application
Property Survey
Attachments:
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.
6. 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.
APPROVED
Page 1 College Station, TX Printed on 6/14/2017
June 20, 2017Zoning Board of Adjustment Meeting Agenda - Final
_____________________
City Manager
I certify that the above Notice of Meeting was posted at College Station City Hall, 1101
Texas Avenue, College Station, Texas, on June 14, 2017 at 5:00 p.m.
_____________________
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 6/14/2017
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:117-0293 Name:
Status:Type:Minutes Agenda Ready
File created:In control:6/8/2017 Zoning Board of Adjustment
On agenda:Final action:6/20/2017
Title:Presentation, possible action and discussion regarding meeting
minutes.
* May 09, 2017
Sponsors:
Indexes:
Code sections:
Attachments:May 9,2017
Action ByDate Action ResultVer.
Title.....
Presentation, possible action and discussion regarding meeting
minutes.
* May 09, 2017
College Station, TX Printed on 6/14/2017Page 1 of 1
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:217-0294 Name:Administrative Adjustments
Status:Type:Administrative Adjustment Agenda Ready
File created:In control:6/8/2017 Zoning Board of Adjustment
On agenda:Final action:6/20/2017
Title:Discussion of approved Administrative Adjustments.
*AWV2017-000004 Brazos Square Renovations; 2200 Texas Ave S; Administrative Adjustment;
Parking space dimensions (PAZ)
*AWV2017-000013 505 Dexter Dr; Administrative Adjustment; Side Setback (LH)
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Title....
Discussion of approved Administrative Adjustments.
*AWV2017-000004 Brazos Square Renovations;2200 Texas Ave S; Administrative Adjustment;
Parking space dimensions (PAZ)
*AWV2017-000013 505 Dexter Dr;Administrative Adjustment; Side Setback (LH)
College Station, TX Printed on 6/14/2017Page 1 of 1
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:317-0299 Name:103 Fidelity Street- Setback Variance
Status:Type:Variance Agenda Ready
File created:In control:6/12/2017 Zoning Board of Adjustment
On agenda:Final action:6/20/2017
Title:Public hearing, presentation, possible action, and discussion to consider a building setback variance
for West Park Subdivision Block 7, Lot 3 and 25 feet of Lot 2 generally located at 103 Fidelity Street,
which is zoned GS General Suburban. Case #AWV2017-000014.
Sponsors:Mark Bombek
Indexes:
Code sections:
Attachments:Staff Report
Application
Property Survey
Action ByDate Action ResultVer.
Public hearing, presentation, possible action, and discussion to consider a building setback variance
for West Park Subdivision Block 7, Lot 3 and 25 feet of Lot 2 generally located at 103 Fidelity Street,
which is zoned GS General Suburban. Case #AWV2017-000014.
College Station, TX Printed on 6/14/2017Page 1 of 1
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Zoning Board of Adjustment Page 1 of 6
June 20, 2017
VARIANCE REQUEST
FOR
103 Fidelity Street
AWV2017-000014
REQUEST: A variance to Unified Development Ordinance Section 12-5.2
‘Residential Dimensional Standards’, to allow for a 2.49-foot variance to
the required rear setback of 20 feet from the rear property line.
LOCATION: 103 Fidelity Street
West Park Subdivision, Block 7, Lot 3 and 25 feet of Lot 2
APPLICANT: Michael Kay on behalf of Shabeer Jaffar, property owner.
PROJECT MANAGER: Mark Bombek, Senior Planner
mbombek@cstx.gov
BACKGROUND: The subject property is located in the West Park Subdivision and is
zoned GS General Suburban, which allows for single-family residential
uses. The property was originally platted in 1940 and is designated
Urban and Redevelopment on the Comprehensive Plan Future Land Use
and Character Map. After plans for a new home and detached garage
were approved by the city the construction of the garage shifted due to a
misreading of survey pins. The result of the error placed the garage
17.51 feet from the rear property line thus creating an encroachment of
2.49 feet. 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 2.49 feet to the
20- foot minimum 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 due to a lack of a
special property condition that is not related to the owner’s personal
situation.
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Zoning Board of Adjustment Page 4 of 6
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NOTIFICATIONS
Advertised Board Hearing Date: June 20, 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
Property owner notices mailed: 14
Contacts in support: None 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 Residence
North GS General Suburban Single-Family Residence
South (Across
Fidelity Street) GS General Suburban Single-Family Residence
East GS General Suburban Single-Family Residence
West GS General Suburban Single-Family Residence
PHYSICAL CHARACTERISTICS
1. Frontage: The subject property has approximately 80 feet of frontage on Fidelity,
2. Access: The subject building plot is currently taking access from Fidelity.
3. Topography and vegetation: The subject property is relatively flat and contains at least
one very mature tree that has been preserved during construction of the new home and
detached garage.
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, in this case a
residential building permit was approved by the city that showed structure locations
complying with the building setback and dimensional standards of the base GS General
Zoning Board of Adjustment Page 5 of 6
June 20, 2017
Suburban zoning district. The applicant acknowledges that the error occurred during the
placement of the stakes for the foundation. The stakes were placed on the wrong survey
pins marking the property boundary and setback lines. As a result, this is an encroachment
created by the owner’s personal situation and not due to a hardship or special condition of
the land. A strict application of the UDO would not deprive the applicant of the reasonable
use of the property.
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 home currently under
construction on the property could be modified to push the garage out of the 20-foot rear
building setback in compliance with the approved plans. If the proposed variance request is
not granted, the applicant will still be allowed to use the property such that it complies with
the development standards associated with the base zoning district being GS General
Suburban; 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 detrimental to the public health, safety, or welfare, or
injurious to other property in the area, or to the City in administering this UDO. Because of
the size of the encroachment and the alley at the rear of the property, the impact on abutting
properties is minimized.
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 states in the request that
the encroachment exists due to a misreading of survey pins during the setting of the
Zoning Board of Adjustment Page 6 of 6
June 20, 2017
foundation for the garage. This encroachment is a circumstance of the owner’s personal
situation and not a hardship or special condition associated with 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,
and with the provisions of this UDO.
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 allowing new structures to be built within required
building setbacks.
ALTERNATIVES
The applicant has not provided any alternative solutions to meet the minimum rear setback
requirement.
STAFF RECOMMENDATION
Staff recommends denial of the variance request.
ATTACHMENTS
1. Application
2. Property Survey