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Home My WebLink About02/06/2018 - 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, February 6, 2018 1. Call meeting to order. Presentation, possible action and discussion absence request * Jeff Mazzolini - February 06, 2018 18-00822. Jeff MazzoliniAttachments: Presentation, possible action and discussion regarding meeting minutes. * January 02, 2018 18-00833. January 02, 2018Attachments: Public hearing, presentation, possible action and discussion regarding a variance to Unified Development Ordinance (UDO) Section 9.2.A.1 ‘Nonconforming Uses-Expansion’ to enlarge a building devoted to a nonconforming use (Duplex in a Single-Family Zoning District) up to the maximum twenty five (25) percent of the original floor area of the nonconformity, for property located at 301 Ayrshire Street. 18-00994. Sponsors:Helton Staff Report Application Aerial & SAM 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. I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on January 30, 2018 at 5:00 p.m. Page 1 College Station, TX Printed on 1/29/2018 February 6, 2018Zoning 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 1/29/2018 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0082 Name: Status:Type:Absence Request Agenda Ready File created:In control:2/6/2018 Zoning Board of Adjustment On agenda:Final action: Title:Presentation, possible action and discussion absence request * Jeff Mazzolini - February 06, 2018 Sponsors: Indexes: Code sections: Attachments:Jeff Mazzolini Action ByDate Action ResultVer. Presentation, possible action and discussion absence request * Jeff Mazzolini - February 06, 2018 College Station, TX Printed on 1/29/2018Page 1 of 1 powered by Legistar™ Absence Request Form For Elected and Appointed Officers Name Request Submitted on I will not be in attendance at the meeting of for the reason(s) specified: (Date) City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:218-0083 Name: Status:Type:Minutes Agenda Ready File created:In control:2/6/2018 Zoning Board of Adjustment On agenda:Final action:2/6/2018 Title:Presentation, possible action and discussion regarding meeting minutes. * January 02, 2018 Sponsors: Indexes: Code sections: Attachments:January 02, 2018 Action ByDate Action ResultVer. Presentation, possible action and discussion regarding meeting minutes. * January 02, 2018 College Station, TX Printed on 1/29/2018Page 1 of 1 powered by Legistar™ MINUTES ZONING BOARD OF ADJUSTMENT Regular Meeting January 02, 2018 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: Justin Golbabi, John Haislet, Jade Broadnax, and Crystal Derkowski AGENDA ITEM NO. 1: Call to Order. Chairman Roberts called the meeting to order at 6:02 p.m. AGENDA ITEM NO. 2: Presentation, possible action, and discussion regarding the minutes from December 05, 2017. Board Member Christiansen motioned to approve the December 05, 2017 meeting minutes. Board Member Lopez seconded the motion, which passed (5-0). AGENDA ITEM NO. 3: Public hearing, presentation, possible action and discussion to consider single family height, setback, and parking coverage variances for West Park Block 7, Lot 4, generally located at 101 Fidelity Street which is zoned GS General Suburban. Case #AWV2017-000042 Jade Broadnax, Staff Planner, presented the staff report and stated that the applicant is requesting variances to single family height, setback, and parking coverage. There was a general discussion amongst the Board. Chairman Roberts opened the public hearing. Joe Schultz, applicant, spoke in favor of the variance requests. Chairman Roberts closed the public hearing. There was a general discussion amongst the Board. Board Member Lopez motioned to approve the variances as the house would be comparable in size and not a threat to the public. Board Member Christiansen seconded the motion. Chairman Roberts called for the vote. Motion to approve passed (5-0). AGENDA ITEM NO. 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. There was no discussion. AGENDA ITEM NO. 6: Adjourn The meeting was adjourned at 6:15 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:418-0099 Name:VARIANCE REQUEST FOR 301 AYRSHIRE STREET 301 Ayrshire Street AWV2017-000043 VARIANCE REQUEST FOR 301 Ayrshire Street AWV2017-000043 Varinace Request for 301 Ayrshire, AWV2017- 000043 Status:Type:Variance Agenda Ready File created:In control:1/25/2018 Zoning Board of Adjustment On agenda:Final action:2/6/2018 Title:Public hearing, presentation, possible action and discussion regarding a variance to Unified Development Ordinance (UDO) Section 9.2.A.1 ‘Nonconforming Uses-Expansion’ to enlarge a building devoted to a nonconforming use (Duplex in a Single-Family Zoning District) up to the maximum twenty five (25) percent of the original floor area of the nonconformity, for property located at 301 Ayrshire Street. Sponsors:Alaina Helton Indexes: Code sections: Attachments:Staff Report Application Aerial & SAM Action ByDate Action ResultVer. Public hearing, presentation, possible action and discussion regarding a variance to Unified Development Ordinance (UDO) Section 9.2.A.1 ‘Nonconforming Uses-Expansion’ to enlarge a building devoted to a nonconforming use (Duplex in a Single-Family Zoning District) up to the maximum twenty five (25) percent of the original floor area of the nonconformity, for property located at 301 Ayrshire Street. College Station, TX Printed on 1/29/2018Page 1 of 1 powered by Legistar™ Zoning Board of Adjustment Page 1 of 4 February 6, 2018 VARIANCE REQUEST FOR 301 Ayrshire Street AWV2017-000043 REQUEST: Public hearing, presentation, possible action and discussion regarding a variance to Unified Development Ordinance (UDO) Section 9.2.A.1 ‘Nonconforming Uses- Expansion’ to enlarge a building devoted to a nonconforming use (Duplex in a Single-Family Zoning District) by twenty-five (25) percent or 797 square feet. LOCATION: 301 Ayrshire Street Being a portion of Lot 3, Block 8A of the College Park Subdivision ZONING: GS General Suburban APPLICANT: Chad Hovde PROJECT MANAGER: Alaina Helton, Senior Planner aheltonj@cstx.gov BACKGROUND: The subject property is the location of a 3,188 square foot Duplex located in the GS General Suburban Zoning District. Duplexes are not allowed in the GS zoning district so the current structure is considered a non-conforming use. When authorized by the Zoning Board of Adjustment (ZBA), a non-conforming use may be expanded by up to 25 percent. Therefore, the applicant is pursuing a variance through the ZBA. APPLICABLE ORDINANCE SECTION: 9.2.A.1 ‘Nonconforming Uses-Expansion’ ORDINANCE INTENT: Unified Development Ordinance (UDO) Section 9.2.A.1 ‘Nonconforming Uses - Expansion’ sets maximum expansion allowance for nonconforming uses when such expansion is necessary and incidental to the existing use. RECOMMENDATION: Staff recommends denial of the variance. Zoning Board of Adjustment Page 2 of 4 February 6, 2018 NOTIFICATIONS Advertised Board Hearing Date: February 6, 2018 There are no neighborhood organizations that are registered with the City of College Station’s Neighborhood Services in this area. Property owner notices mailed: 21 Contacts in support: None Contacts in opposition: One Inquiry contacts: One ZONING AND LAND USES Direction Zoning Land Use Subject Property GS General Suburban Duplex 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 72 feet of frontage on Ayrshire Street, and 110 feet of frontage on Dexter Drive West. 2. Access: The subject property is currently taking access from Dexter Drive West. 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 of the structure by 25 percent of the original floor area which would result in an addition of 797 square feet. A strict application of the UDO would not deprive the Zoning Board of Adjustment Page 3 of 4 February 6, 2018 applicant of the reasonable use of the property, nor does it take away rights to continue the use of the Duplex. The applicant states that the special conditions affecting the land is that the Duplex structure is historically and architecturally significant, and that in order to create a more “functional” interior floor plan, the structure must be expanded. The “functionality” of the bedrooms and 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. In addition, this property is not listed on the National Historic Register and not located in a Historic Area or Historic Preservation Overlay zoning district. The “College Station Southside Historic Area” signs seen throughout the north side of the neighborhood are only decorative and not an indication of a historic designation. No historic district exists in the Southside Area. 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 continue to utilize the existing structure as a Duplex; therefore, 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. There have been twenty-three (23) Code Enforcement Violations on this property since 2000. The majority of the violations include residents leaving trash containers on the curb past collection day, accumulation of trash on the property, and overgrown weeds and vegetation. One violation, taking place in 2016, included parking vehicles in the yard/grass. Given the nature and consistency of these violations, Staff believes that granting the variance to expand the nonconforming structure may contribute to the continuation and possible increase in these types of violations impacting the public health, safety, and welfare to other property in the area. 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 requirements for expanding a nonconforming use apply to all property within the City and are not unique to this property. Zoning Board of Adjustment Page 4 of 4 February 6, 2018 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 continue the use of the Duplex. 8. Comprehensive Plan: That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this UDO. Staff believes granting the variance would conflict with the Comprehensive Plan Future Land Use and Character Map designation of Neighborhood Conservation, which is generally for areas that are appropriate for overlays or zoning classifications that provide additional character protection of the neighborhood. The expansion of a Duplex does not contribute to the character of the established single-family. 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 Duplex constructed in 1956 will remain in use. ALTERNATIVES The structure is currently habitable, and alternatives exist to modify the interior floor plan of the structure without an addition. STAFF RECOMMENDATION Staff recommends denial of the variance request. ATTACHMENTS 1. Application 2. Aerial & Small Area Map