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HomeMy WebLinkAbout11/07/2017 - 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. 6:00 PM City Hall Administrative Conference RoomTuesday, November 7, 2017 1. Call meeting to order. Presentation, possible action and discussion regarding meeting minutes. * September 05, 2017 17-06562. September 05, 2017Attachments: 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) 17-06573. 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 adetached 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 17-06494. Sponsors:Thomas Staff Report Application Plat Pictures Attachments: 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 is zoned T Townhouse. Case #AWV2017-000027. 17-06505. Sponsors:Thomas Page 1 College Station, TX Printed on 10/31/2017 November 7, 2017Zoning Board of Adjustment Meeting Agenda - Final Staff Report Application Plat Pictures Attachments: 6. 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. 7. 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 _____________________ City Manager I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on October 31, 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 Page 2 College Station, TX Printed on 10/31/2017 November 7, 2017Zoning Board of Adjustment Meeting Agenda - Final propiedad portando arma de mano al aire libre.” Page 3 College Station, TX Printed on 10/31/2017 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0656 Name: Status:Type:Minutes Agenda Ready File created:In control:10/25/2017 Zoning Board of Adjustment On agenda:Final action:11/7/2017 Title:Presentation, possible action and discussion regarding meeting minutes. * September 05, 2017 Sponsors: Indexes: Code sections: Attachments:September 05, 2017 Action ByDate Action ResultVer. Title...... Presentation, possible action and discussion regarding meeting minutes. * September 05, 2017 College Station, TX Printed on 10/31/2017Page 1 of 1 powered by Legistar™ MINUTES ZONING BOARD OF ADJUSTMENT Regular Meeting September 05, 2017 Council Chambers 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, Jenifer Paz, Madison Thomas, Eric Chafin, and Crystal Derkowski AGENDA ITEM NO. 1: Call to Order. Chairman Roberts called the meeting to order at 6:00pm. AGENDA ITEM NO. 2: Presentation, possible action, and discussion regarding the minutes from August 05, 2017. Board Member Lopez motioned to approve the August 05, 2017 meeting minutes. Board Member Mazzolini seconded the motion, which passed (5-0). AGENDA ITEM NO. 3: Public hearing, presentation, possible action, and discussion on three 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 4-6 of the Holleman Ridge Subdivision, Block 1, generally located at 1410, 1412, and 1414 Holleman Dr., which are zoned T Townhouse. Case #AWV2017-000025 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. Charles Wilding, 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 variance as it 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. 4: Public hearing, presentation, possible action, and discussion on a sign variance request to the Unified Development Ordinance Section 7.5.I, ‘Attached Signs’, of 166.8 square feet to the maximum 500 square feet of attached signage allowed for any one tenant for the property located at 1900 Texas Avenue S, more specifically located on Lot 1, Block 4 of the Anderson Ridge Subdivision Phase 4, which is zoned PDD Planned Development District. Case# AWV2017-000024 Jenifer Paz, Senior Planner, presented the staff report and stated that the applicant is requesting a sign 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. No one spoke during the public hearing. Chairman Roberts closed the public hearing. There was a general discussion amongst the Board. Board Member Mazzolini motioned to approve the sign variance as it will not be contrary to the public interest, due to the enjoyment of a substantial property right. Board Member Echols 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 6:25pm. 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:317-0657 Name: Status:Type:Administrative Adjustment Agenda Ready File created:In control:10/25/2017 Zoning Board of Adjustment On agenda:Final action:11/7/2017 Title: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) Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Title..... 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) College Station, TX Printed on 10/31/2017Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:217-0649 Name:1420 Holleman Drive - ZBA Variance Status:Type:Variance Agenda Ready File created:In control:10/25/2017 Zoning Board of Adjustment On agenda:Final action:11/7/2017 Title: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 adetached 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 Sponsors:Madison Thomas Indexes: Code sections: Attachments:Staff Report Application Plat Pictures Action ByDate Action ResultVer. 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 College Station, TX Printed on 10/31/2017Page 1 of 1 powered by Legistar™ Zoning Board of Adjustment Page 1 of 6 November 7, 2017 VARIANCE REQUEST FOR 1420 Holleman Dr. AWV2017-000028 REQUEST: Lot width variance to the Unified Development Ordinance Section 5.1.H ‘Residential Zoning Districts’ of six (6) feet to the fifty (50) foot lot width requirement to allow for a detached single family home LOCATION: 1420 Holleman Drive Holleman Ridge Subdivision, Block 1, Lot 9 APPLICANT: Shabeer Jaffar, Property Owner PROJECT MANAGER: Madison Thomas, AICP Staff Planner mthomas@cstx.gov BACKGROUND: The subject property is located in the Holleman Ridge Subdivision and is zoned T Townhouse, which allows for townhomes and single-family detached homes. Townhomes are a minimum of three attached buildings on separate lots and single-family detached structures are single structures on separate lots. Detached, single-family structures are allowed to be built within the Townhouse zoning district, but they are required to meet the GS General Suburban zoning lot widths of 50 feet. Currently, 9 of the 10 lots of this subdivision are only 44 feet wide, owned by multiple owners, and developed with single-family detached homes. The applicant would like to redevelop the property in the existing single family detached pattern. The subject property is short of the required lot width by 12%; therefore, the applicant is requesting a variance to the Unified Development Ordinance (UDO) Section 5.1.H, ‘Residential Zoning Districts’ to allow for a reduction of 6 feet to the 50-foot minimum lot width. APPLICABLE ORDINANCE SECTION: UDO Section 5.1.H ‘Residential Zoning Districts’ ORDINANCE INTENT: UDO Section 5.1.H ‘Residential Zoning Districts’ 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 approval of the variance request Zoning Board of Adjustment Page 2 of 6 November 7, 2017 Zoning Board of Adjustment Page 3 of 6 November 7, 2017 Zoning Board of Adjustment Page 4 of 6 November 7, 2017 NOTIFICATIONS Advertised Board Hearing Date: November 7, 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: 13 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 T Townhouse Single-Family Residence North (Across Holleman Drive) GS General Suburban Anderson Park South GS General Suburban Single-Family Residence East T Townhouse Single-Family Residence West T Townhouse Single-Family Residence PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has 44 feet of frontage on Holleman Drive. 2. Access: The subject property is currently taking access from Holleman Drive through a cross access easement along adjacent properties. 3. Topography and vegetation: The subject property is relatively flat and contains a few established trees and vegetation around the existing structure. 4. Floodplain: The subject property is not located within FEMA regulated floodplain. REVIEW CRITERIA According to Unified Development Ordinance Section 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. This property is a part of a 10-lot development from 1979. The lots are individually owned, share a common drive aisle, and are developed with detached single-family homes. These are considered non-conforming to today’s standards as detached houses in T Townhouse zoning districts are required to have 50-ft. minimum lots and all but the corner properties have 44-ft. wide lots. The lots are conforming for the development of townhomes. Requiring this property owner upon redevelopment to develop townhouses—which by definition are a minimum of three attached dwelling units—is not a possibility with one lot. It is highly unlikely for any of the other lots in the subdivision to redevelop as townhomes because the pattern of property ownership would require the owners of homes in the area to Zoning Board of Adjustment Page 5 of 6 November 7, 2017 closely coordinate and agree to redevelop at the same time. Requiring the development of townhomes would also disrupt the character of the existing neighborhood. Having a townhouse development in the middle of single-family detached structures does not fit the character of the area and creates a disconnect within the neighborhood. 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 necessary for the preservation and enjoyment of the substantial property right of the applicant. If the proposed variance is not granted, the home that is currently built that is aging and in need of replacement could not be replaced. 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. This lot, as well as the adjacent properties, are currently developed in this style. 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. For new construction, these same conditions would apply to the adjacent properties. All ten properties zoned T Townhouse are currently developed with single-family detached structures. The lot at the corner of Anderson and Holleman was platted larger (as is typical of corner lots), which allowed it to redevelop as single family detached housing without a variance. In order for the interior properties to build new detached structures, they would also need to apply for the same variance to lot width, or acquire adjacent properties and replat to fewer buildable lots. This row of single family detached homes are the only ones along Holleman Drive between Texas Avenue and Wellborn Road developed in the 1970s that are zoned T Townhouse, which allowed these lots to be platted with widths less than 50 feet. At the time these properties developed, they were permitted to develop with single-family homes on lots less than the required 50’ widths. Additional history on these properties and how this came to be is unknown. 7. Hardships: That the hardship is not the result of the applicant’s own actions. The applicant has described the hardship as “the existing structures would have to remain in place if permits cannot be issued for new structures. Construction of a new detached single- family dwelling this lot is necessary since the existing structure has been there since 1979 and is deteriorating and needs to be replaced. There are 5 owners of the 10 homes in the subdivisions, so a consolidation of lots for a townhome development is not viable.” Zoning Board of Adjustment Page 6 of 6 November 7, 2017 Staff agrees with the applicant. 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, but it would require the owner to acquire additional property to be able to redevelop. ALTERNATIVES There are no alternatives without involving adjacent properties. STAFF RECOMMENDATION Staff recommends approval of the variance request. ATTACHMENTS 1. Application 2. Holleman Ridge Subdivision Plat 3. Supplemental Pictures I4 .11 ~FOR OFFICE USE ONLY CASE ND.:________________ DATE SUBMITTED:_______________ CITY OF COLLEGE STATION Home of Texa.cA&M (Inivelsity’STAFF: ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: ~$380 Zoning Board of Adjustment Application Fee. ~Application completed in full.This application form provided by the City of College Station must be used and may not be adjusted or altered.Please attach pages if additional information is provided. ~Additional materials may be required of the applicant such as site plans,elevation drawings,sign details, and floor plans.The applicant shall be informed of any extra materials required. Date of Optional Preapplication Conference N/A ADDRESS 1420 Holleman Drive LEGAL DESCRIPTION (Lot,Block,Subdivision)Lot 9,Block 1,Holleman Ridge APPLICANT/PROJECT MANAGER’S INFORMATION (Primary contact for the project): Name Shabeer Jaffar E-mail sjaffar@aol.com Street Address P.O.Box 3135 City College Station State 7X Zip Code 77841 Phone Number 97922~4222 Fax Number _________________________________ PROPERTY OWNER’S INFORMATION (Please attach an additional sheet for multiple owners): Name ShabeerJaffar and Samira Jawad E-mail sjaffar@aol.com Street Address P.O.Box 3135 City College Station State Th’Zip Code 77841 Phone Number 97922~’4222 Fax Number _________________________________ Current zoning of subject property T~Townhouse Action requested (check all that apply): ~Setback variance ~Appeal of Written Interpretation ~Parking variance ~Special Exception ~Sign variance ~Drainage Variance ~Lot dimension variance ~Other Applicable ordinance section to vary from: Section 12.5.1.H.Townhouse T 10/10 Pagelof5 GENERAL VARIANCE REQUEST 1.The following specific variation from the ordinance is requested: Variance to allow a detached single family dwelling on a lot that does not meet the 50’lot width required by General Suburban Standards.The minimum lot width is approximately 44’for this lots. 2.This variance is necessary due to the following special conditions: Special Condition Definition:To justify a variance,the difficulty must be due to unique circumstances involving the particular property.The unique circumstances must be related to a physical characteristic of the property itself, not to the owner’s personal situation.This is because regardless of ownership,the variance will run with the land. Example:A creek bisecting a lot,a smaller buildable area than is seen on surrounding lots,specimen trees. Note:A cul-de-sac is a standard street layout in College Station.The shape of standard cul-de-sac lots are generally not special conditions. This lot is developed with a detached single family dwelling constructed in 1979.The owner would like to remove the existing structure and replace it with a new modern detached single family dwelling.Since the existing lot is not 50’in width,a permit cannot be issued for it. 3.The unnecessary hardship(s)involved by meeting the provisions of the ordinance other than financial hardship is/are: Hardship Definition:The inability to make reasonable use of the property in accord with the literal requirements of the law.The hardship must be a direct result of the special condition. Example:A hardship of a creek bisecting a lot could be the reduction of the buildable area on the lot,when compared to neighboring properties. See attached sheet. 4.The following alternatives to the requested variance are possible: There is not an alternative since the owner has only this single lot and replating it to 3 townhome lots is not feasible 5.This variance will not be contrary to the public interest by virtue of the following facts: The variance will allow the construction of a new structure which is what currently exists on the lot. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto are true,correct,and complete.IF THIS APPLICATION IS FILED BY ANYONE OTHER THAN THE OWNER OF THE PROPERTY,this application must be accompanied by a power of attorney statement from the owner.If there is more than one owner,all owners must sign the application or the power of attorney.If the owner is a company,the application must be accompanied by proof of authority for the company’s representative to sign the application on its behalf. ~/~/2 o )~Sigrr~ture and title Date ~je~j f~r~r ~ 10/10 Page2of5 3.The unnecessary hardship(s)involved by meeting the provisions of the ordinance other than financial hardship is/are: Hardship Definition:The inability to make reasonable use of the property in accord with the literal requirements of the law.The hardship must be a direct result of the special condition. Example:A hardship of a creek bisecting a lot would be the reduction of the buildable area on the lot, when compared to neighboring properties. The hardship is that the existing structure would have to remain in place if a permit cannot be issued for a new structure.Construction of a new detached single family dwelling on the lot is necessary since the existing structure has been there since 1979 and is a deteriorating structure and needs to be replaced. There are 5 owners of the 10 homes in this subdivision so a consolidation of lots for a townhome development is not viable. ZONING BOARD OF ADJUSTMENT RULES AND PROCEDURES The Zoning Board of Adjustment hears requests for variances and special exceptions,appeals of the Administrator’s decisions,Airport Zoning Board Adjustments,floodplain and drainage ordinance variance requests,and PITY ordinance special exceptions.The ZBA is a fact-finding body,and to grant variances it must determine the existence of special conditions other than solely financial,which create an undue hardship for applicants.Positive action requires an affirmative vote by at least four (4)of the five (5)members.Recourse from ZBA decisions is to a Court of Law and appeals must be made within ten (10)days of the decision,which become final at Thursday noon after the meeting. The ZBA shall develop and adopt rules in accordance with State law and City ordinance to govern the ZBA and its meetings. APPLICATION *Any variance request,special exception,appeal of a decision of the Administrator or floodplain ordinance variance request shall be preceded by the applicant submitting to the Administrator a completed: 1)Application 2)Request Form *Applications and request forms are available from the Planning &Development Services Department or online at www.cstx.gov/aplications.. *The Administrator shall assist the applicant in determining the zoning of the tract and in identifying the applicable ordinance section for the application. *The applicant shall attach an additional sheet(s)if he cannot fully explain his request in the space provided on the request form. *Additional materials may be required of the applicant such as site plans,elevation drawings,and floor plans.The Administrator shall inform the applicant of any extra materials required. *An applicant shall submit the non-refundable application fee,payable to the City of College Station,to defray notification costs.The fee is required at time of application submittal. APPEAL OF THE PLANNING ADMINISTRATOR DECISION *Appeals of Administrator’s decisions shall be filed within thirty (30)days of the decision. *The ZBA shall hear the appeal within sixty (60)days after a complete application is received by the Administrator. *The ZBA shall decide the appeal within a reasonable time.The ZBA may reverse or affirm wholly or partly,or may modify the order,requirement,or decision,of the Administrator by a concurring vote of at least four (4)of the five (5) members. *The completed application and request form must be received by the the Planning &Development Services Department by 10:00 AM on the designated deadline date,which is indicated on the attached Deadline/Meeting Date Information schedule. *When the application and request form are received the item will be placed on the next available ZBA Meeting agenda.All required notices will be published. *The applicant has the responsibility to verify his item has been placed on a ZBA meeting agenda. 10/10 Page3of5 NOTICE *The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than one (1)week prior to the meeting. *The Secretary to the Board shall notify property owners within 200 feet of the property for which a request is pending of the ZBA meeting by certified mail not less than (1)week prior to the meeting. Such owners shall be determined by the Secretary to the Board.When deciding which property is within 200 feet, measurements shall be made in a straight line,without regard to intervening structures of objects,from the nearest portion of the property for which a request is pending to the nearest portion of other properties. Notice by certified mail to such owners shall correspond to the owner’s names and address as shown on certified taxroles even if the tax rolls are incorrect or outdated. *At the applicant’s request,the Secretary to the Board shall notify any interested person of the ZBA meeting by regular mail not less than one (1)week before the meeting. *The Secretary to the Board shall place a notice of the ZBA meeting in THE EAGLE two (2)weeks prior to the meeting. MEETING *Robert’s Rule of Order,newly revised,shall be followed. *Meetings shall be held the first Tuesday of each month at 6:00 PM. *Packets for ZBA Members shall be mailed by the Secretary of the Board the Friday before the meeting. *Each item before the ZBA must be heard by at least four (4)members. *The ZBA may act on any request with or without the applicant’s presence at the meeting. *When hearing requests,this procedural format shall be followed: Staff Report ZBA Members ask questions Public Hearing =ZBA discussion and action MINUTES *The Secretary to the Board shall tape record all meetings.Tape recordings of meetings shall be kept for three (3) years. *Minutes of the meeting shall be typed by the Secretary to the Board in paraphrased form to reflect pertinent points of discussion (in the Secretary’s judgement).No transcription will be made. *Minutes shall be signed by the Chairman after they are approved by the ZBA. PUBLIC HEARING *Witnesses shall be placed under oath by the Chairman using this statement:“Do you swear or affirm to tell the truth in this proceeding under penalties of perjury?” *Witnesses include the applicant and interested persons. MOTIONS *Motions shall be made on the Motion Format Form and be positive or negative. *Negative motions (motions to deny a request)should be made when the ZBA finds no special conditions,no undue hardship,or that the spirit of the ordinance will not be preserved. *Negative motions which fail do not imply the request is granted. *Requests are only granted when a positive motion is passed by at least four (4)ZBA Members.Requests are denied when a negative motion is passed by a majority of members present. REHEARING *Applicants must have the ZBA’s approval to present the same or a similar request regarding the same property after denial of such request by the ZBA. *When a request is denied,within ten days of the denial,the applicant may request that the ZBA rehear the request at a future date.To make this request,the applicant must submit to the Administrator new information that was previously not available to the Board. 10/10 Page4of5 *Within the ten days,the Administrator will put the request to rehear on the next available ZBA meeting agenda. *To decide to rehear a request,the ZBA must determine the information provided by the applicant is new and relevant to their decision point of a hardship(s)as a result of a property’s special condition(s).ZBA approval to rehear a request requires a motion to rehear,a second to that motion,and passage by a majority of members present. *The determination that information previously not available is relevant to a request’s hardship and special condition does not necessarily indicate the eventual approval of a request. *If the ZBA approves a request to rehear,the applicant must pay a new fee by anestablished deadline to be scheduled for a future meeting. APPEAL DECISION *If an applicant wishes to appeal a ZBA decision,he must file a petition with a court of record within ten (10)days after the date the decision is filed in the Planning &Development Services Department. 10/10 I Page 5 of 5 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:317-0650 Name:1416 & 1418 Holleman Dr. - ZBA Variance Status:Type:Variance Agenda Ready File created:In control:10/25/2017 Zoning Board of Adjustment On agenda:Final action:11/7/2017 Title: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 is zoned T Townhouse. Case #AWV2017- 000027. Sponsors:Madison Thomas Indexes: Code sections: Attachments:Staff Report Application Plat Pictures Action ByDate Action ResultVer. 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 is zoned T Townhouse. Case #AWV2017 -000027. College Station, TX Printed on 10/31/2017Page 1 of 1 powered by Legistar™ Zoning Board of Adjustment Page 1 of 6 November 7, 2017 VARIANCE REQUESTS FOR 1416 and 1418 Holleman Dr. AWV2017-000025 REQUEST: Two lot width variances to the Unified Development Ordinance Section 5.1.H ‘Residential Zoning Districts’ of six (6) feet each to the fifty (50) foot lot width requirement to allow for detached single family homes LOCATION: 1416 and 1418 Holleman Drive Holleman Ridge Subdivision, Block 1, Lots 7-8 APPLICANT: Almeria Investments, Property Owner PROJECT MANAGER: Madison Thomas, AICP, Staff Planner mthomas@cstx.gov BACKGROUND: The subject properties are located in the Holleman Ridge Subdivision and are zoned T Townhouse, which allows for townhomes and single- family detached homes. Townhomes are a minimum of three attached buildings on separate lots and single-family detached structures are single structures on separate lots. Detached, single-family structures are allowed to be built within the Townhouse zoning district, but they are required to meet the GS General Suburban zoning lot widths of 50 feet. Currently, 9 of the 10 lots of this subdivision are only 44 feet wide, owned by multiple owners, and developed with single-family detached homes. The applicant would like to redevelop the properties in the existing single family detached pattern. Each subject property is short of the required lot width by 12%; therefore, the applicant is requesting variances to the Unified Development Ordinance (UDO) Section 5.1.H, ‘Residential Zoning Districts’ to allow for reductions of 6 feet to the 50-foot minimum lot width. APPLICABLE ORDINANCE SECTION: UDO Section 5.1.H ‘Residential Zoning Districts’ ORDINANCE INTENT: UDO Section 5.1.H ‘Residential Zoning Districts’ 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 approval of the variance requests. Zoning Board of Adjustment Page 2 of 6 November 7, 2017 Zoning Board of Adjustment Page 3 of 6 November 7, 2017 Zoning Board of Adjustment Page 4 of 6 November 7, 2017 NOTIFICATIONS Advertised Board Hearing Date: November 7, 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: 15 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 T Townhouse Single-Family Residence North (Across Holleman Drive) GS General Suburban Anderson Park South GS General Suburban Single-Family Residence East T Townhouse Single-Family Residence West T Townhouse Single-Family Residence PHYSICAL CHARACTERISTICS 1. Frontage: The subject properties each have 44 feet of frontage on Holleman Drive. 2. Access: The subject properties are currently taking access from Holleman Drive through a cross access easement along adjacent properties. 3. Topography and vegetation: The subject properties are relatively flat and contain few established trees and vegetation around the existing structures. 4. Floodplain: The subject properties are 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. The two properties are a part of a 10-lot development from 1979. The lots in the development are individually owned, share a common drive aisle, and are developed with detached single-family homes. These are considered non-conforming to today’s standards as detached houses in T Townhouse zoning districts are required to have 50-ft. minimum lots and all but the corner property have 44-ft. wide lots. The lots are conforming for the Zoning Board of Adjustment Page 5 of 6 November 7, 2017 development of townhomes. Requiring this property owner upon redevelopment to develop townhouses—which by definition are a minimum of three attached dwelling units—is not a possibility with two lots. It is highly unlikely for any of the other lots in the subdivision to redevelop as townhomes because the pattern of property ownership would require the owners of homes in the area to closely coordinate and agree to redevelop at the same time. Requiring the development of townhomes would also disrupt the character of the existing neighborhood. Having a townhouse development in the middle of single-family detached structures does not fit the character of the area and creates a disconnect within the neighborhood. 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 variances are necessary for the preservation and enjoyment of the substantial property right of the applicant. If the proposed variances are not granted, the homes that are currently built that are aging and in need of replacement could not be replaced with the same type of homes unless the properties were replatted. If the properties were replatted, the applicant would go from two lots to one lot, losing a lot and residential structure. 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 variances 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. The lots, as well as the adjacent properties, are currently developed in this style. 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 variances 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. For new construction, these same conditions would apply to the adjacent properties. All ten properties zoned T Townhouse are currently developed with single-family detached structures. The lot at the corner of Anderson and Holleman was platted larger (as is typical of corner lots), which allowed it to redevelop as single family detached housing without a variance. In order for the interior properties to build new detached structures, they would also need to apply for the same variance to lot width, or acquire adjacent properties and replat to fewer buildable lots. This row of single family detached homes are the only ones along Holleman Drive between Texas Avenue and Wellborn Road developed in the 1970s that are zoned T Townhouse, which allowed these lots to be platted with widths less than 50 feet. At the time these Zoning Board of Adjustment Page 6 of 6 November 7, 2017 properties developed, they were permitted to develop with single-family homes on lots less than the required 50’ widths. Additional history on these properties and how this came to be is unknown. 7. Hardships: That the hardship is not the result of the applicant’s own actions. The applicant has described the hardship as “the existing structures would have to remain in place if permits cannot be issued for new structures. Construction of a new detached single- family dwelling on each lot is necessary since the existing structures have been there since 1979 and are deteriorating structures and need to be replaced. There are 5 owners of the 10 homes in the subdivisions so a consolidation of lots for a townhome development is not viable. These lots are in the middle of the block and it would not be appropriate to construct townhomes on these lots with the remainder of the block being detached structures.” Staff agrees with the applicant. 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 these variances do 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 these particular properties do not prohibit the applicant in the utilization of their property, but it would require the owner upon redevelopment to construct a residential product that is unlike others in the subdivision. ALTERNATIVES The applicant may merge the two existing lots to create one single family detached building plot. STAFF RECOMMENDATION Staff recommends approval of the variance request. ATTACHMENTS 1. Application 2. Holleman Ridge Subdivision Plat 3. Supplemental Pictures FOR OFFICE USE ONLY TESBMTTED:___________ CITY OF COLLEGE STATION Home of Tex~~c Ad*f unversity’STAFF: ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: ~$380 Zoning Board of Adjustment Application Fee. ~Application completed in full.This application form provided by the City of College Station must be used and may not be adjusted or altered.Please attach pages if additional information is provided. ~Additional materials may be required of the applicant such as site plans,elevation drawings,sign details, and floor plans.The applicant shall be informed of any extra materials required. Date of Optional Preapplication Conference N/A ADDRESS 1416 &1418 Holleman Drive LEGAL DESCRIPTION (Lot,Block,Subdivision)Lots 7 &8,Block 1,Holleman Ridge APPLICANT/PROJECT MANAGER’S INFORMATION (Primary contact for the project): Name Ali Jaffar E-mail aliejaffar@gmall.com Street Address 3515 Longmire Drive,Ste B PMB262 City College Station State 7X Zip Code 77845 Phone Number ______________________________________Fax Number _________________________________ PROPERTY OWNER’S INFORMATION (Please attach an additional sheet for multiple owners): Name Almeria Investments,LLC E-mail aliejaffar@gmail.com Street Address 3515 Longmire Drive,Ste B PMB262 City College Station State ~Zip Code 77845 Phone Number ______________________________________Fax Number _________________________________ Current zoning of subject property T,Townhouse Action requested (check all that apply): ~Setback variance ~Appeal of Written Interpretation ~Parking variance ~Special Exception ~Sign variance ~Drainage Variance ~Lot dimension variance ~Other Applicable ordinance section to vary from: Section 12.5.1.H.Townhouse T 10/10 Page 1 of 5 GENERAL RIA~4CE REQUEST tThoIIciw~n~~p~ik ~~tion from th~~rdin~r~~s ~~~ I&b~.,n S~d~r~The m~rnm~im &~itwidt~~~i~a~eJy ~$k~Thest~~s. 2 T1,~S ~sri~n~~n~ces~ry dt~e ~o the folLowing ~ipeeial ce~idthon~ Spec~Coed Won ~fi~nit~on:Th ju~ti~y ~~ñance,~he diffic~ihy rn~t be &ie L~u~que circ~mstar~es invatv~ri~ the rl~cth.~r properly The urilque ~irourn~t~e~~m.≥st be ~&~te~i~~physical ch~r~t ~ft of r~ct o~peri~~t~eif, n~m to owriec~s pert~on~sit~iatioa TNS is be:ause re~rdk~e~of ownership the v&iance wiU i~ti w~the bnc~ L~rnp1e:A creek bisechrig a kL a ~eber beikieble area than ~s aeon on surroundThg lots,specimen lreo~. Note:A eul-<ie~sec is e st~ndanrJ street ~ayoul ~n College St9~ion The shape ol etwider~cuI4e~ec I~are generally not apec~_condftior~________________________ Ttk~I~Ms Frn~d~.oped wiTh tachad sstgre d~o~s c sfrucf~d m ~9i~~Tho owner ~~Id l&e to remove ~Tho w~isf~ng ~ctures ~n~S replace them ~th no~rnodern detac~d sft?gk~fi~rnrly d~fl~nps~Sihoe ffi~exfsTh~g lots am ~e cannof he issued (or them. 3.The unn “wary harth~hip(~)invoLved by meobn~the pro~iekw~e of the ordinance Othc~th~er~~nciaI han’h*isfare: 1-~rds~ip Deli iiti~r~The inability to rn~ike ~onaLhe ~ise of the properly ~ae~ci with the literal repuirernent~ of th~1gw.The hard~h~p ~nust be n direct resuft et the spoci~condition, Example:A h~r~~hip of a creek bisecliflO a lOt co~d be the reduction ol the bu~ldahle area on the hL when compared to noi~boring properties. ______zz_4 The following al rnative~to the requeeted variance ate pof~ible~ the 2 lots to 3 lots and cco~tr~;ct mew town h~RMring and adding a ~~iIflty rnodIf~catiw~and difkwis. 5.Thd~vanonce will not h~contrary Ic the public ir$er~st by virtue of the follcrwv~g foct~: ~Tha variance w~tif allow fhe of 2 nOw C~’tOms Whkh is the s~riiO nemher of~w~s th~c~irrently The ap*ant h~s pn~ared this appkearw,~n arid cert~es Thai’the facts stated herein end a~hrbrts at~achod hereto are fme,COfleLL and ccanplete IF THiS APPLICATION IS FILED BY ANYONE OTHER Th~4N THE O~NER OF THE PROPERTY this ~lIsafkn m~ust be at panièd hy a power of aliomey a tement from the owrkX (1 there I~ more than one owrtet.all ow~iem must sign the appiicafinii ~r the power olattatney If the owner is a eoni~any.the ~pt~r~must be aotempenied by proof of authanty for the company~s rØpr ontative to sign the a I~ceaon on its bahaft ——-~~— S~natt~i~e ~nd title Date ~~ ~3’~e6c~~4J4~$4~9/1~1( P~g~2 ~1 S 3.The unnecessary hardship(s)involved by meeting the provisions of the ordinance other than financial hardship is/are: Hardship Definition:The inability to make reasonable use of the property in accord with the literal requirements of the law.The hardship must be a direct result of the special condition. Example:A hardship of a creek bisecting a lot would be the reduction of the buildable area on the lot, when compared to neighboring properties. The hardship is that the existing structures would have to remain in place if permits cannot be issued for new structures.Construction of a new detached single family dwelling on each lot is necessary since the existing structures have been there since 1979 and are deteriorating structures and need to be replaced. There areS owners of the 10 homes in this subdivision so a consolidation of lots for a townhome development is not viable.These lots are near the middle of the block and it would not be appropriate to construct townhomes on these lots with the remainder of the block being detached structures. ZONING BOARD OF ADJUSTMENT RULES AND PROCEDURES The Zoning Board of Adjustment hears requests for variances and special exceptions,appeals of the Administrator’s decisions,Airport Zoning Board Adjustments,floodplain and drainage ordinance variance requests,and PITY ordinance special exceptions.The ZBA is a fact-finding body,and to grant variances it must determine the existence of special conditions other than solely financial,which create an undue hardship for applicants.Positive action requires an affirmative vote by at least four (4)of the five (5)members.Recourse from ZBA decisions is to a Court of Law and appeals must be made within ten (10)days of the decision,which become final at Thursday noon after the meeting. The ZBA shall develop and adopt rules in accordance with State law and City ordinance to govern the ZBA and its meetings. APPLICATION *Any variance request,special exception,appeal of a decision of the Administrator or floodplain ordinance variance request shall be preceded by the applicant submitting to the Administrator a completed: 1)Application 2)Request Form *Applications and request forms are available from the Planning &Development Services Department or online at www.cstx.gov/aplications.. *The Administrator shall assist the applicant in determining the zoning of the tract and in identifying the applicable ordinance section for the application. *The applicant shall attach an additional sheet(s)if he cannot fully explain his request in the space provided on the request form. *Additional materials may be required of the applicant such as site plans,elevation drawings,and floor plans.The Administrator shall inform the applicant of any extra materials required. *An applicant shall submit the non-refundable application fee,payable to the City of College Station,to defray notification costs.The fee is required at time of application submittal. APPEAL OF THE PLANNING ADMINISTRATOR DECISION *Appeals of Administrator’s decisions shall be filed within thirty (30)days of the decision. *The ZBA shall hear the appeal within sixty (60)days after a complete application is received by the Administrator. *The ZBA shall decide the appeal within a reasonable time.The ZBA may reverse or affirm wholly or partly,or may modify the order,requirement,or decision,of the Administrator by a concurring vote of at least four (4)of the five (5) members. *The completed application and request form must be received by the the Planning &Development Services Department by 10:00 AM on the designated deadline date,which is indicated on the attached Deadline/Meeting Date Information schedule. *When the application and request form are received the item will be placed on the next available ZBA Meeting agenda.All required notices will be published. *The applicant has the responsibility to verify his item has been placed on a ZBA meeting agenda. Ic/la Page3of5 NOTICE *The Secretary to the Board shall notify the applicant of the ZBA meeting by certified mail not less than one (1)week prior to the meeting. *The Secretary to the Board shall notify property owners within 200 feet of the property for which a request is pending of the ZBA meeting by certified mail not less than (1)week prior to the meeting. Such owners shall be determined by the Secretary to the Board.When deciding which property is within 200 feet, measurements shall be made in a straight line,without regard to intervening structures of objects,from the nearest portion of the property for which a request is pending to the nearest portion of other properties. Notice by certified mail to such owners shall correspond to the owner’s names and address as shown on certified taxroles even if the tax rolls are incorrect or outdated. *At the applicant’s request,the Secretary to the Board shall notify any interested person of the ZBA meeting by regular mail not less than one (1)week before the meeting. *The Secretary to the Board shall place a notice of the ZBA meeting in THE EAGLE two (2)weeks prior to the meeting. MEETING *Robert’s Rule of Order,newly revised,shall be followed. *Meetings shall be held the first Tuesday of each month at 6:00 PM. *Packets for ZBA Members shall be mailed by the Secretary of the Board the Friday before the meeting. *Each item before the ZBA must be heard by at least four (4)members. *The ZBA may act on any request with or without the applicant’s presence at the meeting. *When hearing requests,this procedural format shall be followed: Staff Report ZBA Members ask questions Public Hearing ZBA discussion and action MINUTES *The Secretary to the Board shall tape record all meetings.Tape recordings of meetings shall be kept for three (3) years. *Minutes of the meeting shall be typed by the Secretary to the Board in paraphrased form to reflect pertinent points of discussion (in the Secretary’s judgement).No transcription will be made. *Minutes shall be signed by the Chairman after they are approved by the ZBA. PUBLIC HEARING *Witnesses shall be placed under oath by the Chairman using this statement:“Do you swear or affirm to tell the truth in this proceeding under penalties of perjury?” *Witnesses include the applicant and interested persons. MOTIONS *Motions shall be made on the Motion Format Form and be positive or negative. *Negative motions (motions to deny a request)should be made when the ZBA finds no special conditions,no undue hardship,or that the spirit of the ordinance will not be preserved. *Negative motions which fail do not imply the request is granted. *Requests are only granted when a positive motion is passed by at least four (4)ZBA Members.Requests are denied when a negative motion is passed by a majority of members present. REHEARING *Applicants must have the ZBA’s approval to present the same or a similar request regarding the same property after denial of such request by the ZBA. *When a request is denied,within ten days of the denial,the applicant may request that the ZBA rehear the request at a future date.To make this request,the applicant must submit to the Administrator new information that was previously not available to the Board. 10/10 Page4of5 *Within the ten days,the Administrator will put the request to rehear on the next available ZBA meeting agenda. *To decide to rehear a request,the ZBA must determine the information provided by the applicant is new and relevant to their decision point of a hardship(s)as a result of a property’s special condition(s).ZBA approval to rehear a request requires a motion to rehear,a second to that motion,and passage by a majority of members present. *The determination that information previously not available is relevant to a request’s hardship and special condition does not necessarily indicate the eventual approval of a request. *If the ZBA approves a request to rehear,the applicant must pay a new fee by anestablished deadline to be scheduled for a future meeting. APPEAL DECISION *If an applicant wishes to appeal a ZBA decision,he must file a petition with a court of record within ten (10)days after the date the decision is filed in the Planning &Development Services Department. 10/10 ~Page 5 of 5