Loading...
HomeMy WebLinkAbout06/05/2018 - 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 5, 2018 1. Call meeting to order. Presentation, possible action and discussion regarding meeting minutes. * April 03, 2018 18-03462. April 03, 2018Attachments: Discussion of approved Administrative Adjustments. * AWV2018-000008 At Home; 2301 Earl Rudder Fwy S; Administrative Adjustment - Number of Off-Street Parking Spaces (ADH) * AWV2018-000009 1404 Torrey Pines; Administrative Adjustment - Side Setback (LAG) 18-03453. Public hearing, presentation, possible action, and discussion to consider a variance to the Unified Development Ordinance (UDO) Section 5.2 Residential Dimensional Standards of 5 feet to the 60-foot minimum lot width that allows for the construction of a duplex with front yard parking for 204 Luther Street, which is zoned R-6 High Density Multi-Family. 18-03564. Sponsors:Gray Harris staff report Application SAM and Aerial Harris Attachments: Public hearing, presentation, possible action and discussion regarding a variance to the Unified Development Ordinance (UDO) Section 7.2.H.3 ‘Low-Density Residential Protection’ to allow a 15% variance to the distance regulation between a non-residential structure and single-family use for the proposed office building located at 408 Nimitz Street, legally described as College Heights Block B, Lot 3 and part of Abandoned ROW, zoned GC General Commercial. 18-03615. Sponsors:Broadnax Page 1 College Station, TX Printed on 5/29/2018 June 5, 2018Zoning Board of Adjustment Meeting Agenda - Final Staff Report Application Aerial SAM Exhibits 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. I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on May 29, 2018 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 5/29/2018 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0346 Name: Status:Type:Minutes Agenda Ready File created:In control:6/5/2018 Zoning Board of Adjustment On agenda:Final action: Title:Presentation, possible action and discussion regarding meeting minutes. * April 03, 2018 Sponsors: Indexes: Code sections: Attachments:April 03, 2018 Action ByDate Action ResultVer. Title.... Presentation, possible action and discussion regarding meeting minutes. * April 03, 2018 College Station, TX Printed on 5/29/2018Page 1 of 1 powered by Legistar™ MINUTES ZONING BOARD OF ADJUSTMENT Regular Meeting April 03, 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 Howard Mayne STAFF PRESENT: Molly Hitchcock, John Haislet, Rachel Lazo, and Crystal Derkowski AGENDA ITEM NO. 1: Call to Order. Chairman Roberts called the meeting to order at 6:01 p.m. AGENDA ITEM NO. 2: Presentation, possible action, and discussion regarding the minutes from February 06, 2018. Board Member Lopez motioned to approve the February 06, 2018 meeting minutes. Board Member Mazzolini seconded the motion, which passed (5-0). AGENDA ITEM NO. 3: Discussion of approved Administrative Adjustments. * AWV2018-000001 Equity Real Estate Office Building; 112 Navarro Dr; Buffer Yard Width Requirement (LH) * AWV2018-000003 Microtel Inn & Suites; 1820 Ponderosa Dr; Freestanding Signage Area (LAG) AGENDA ITEM NO. 4: Public hearing, presentation, possible action, and discussion regarding a variance to the Unified Development Ordinance (UDO) Section 5.2 ‘Residential Dimensional Standards’ to allow a variance of 8.8 feet to the minimum 25-foot front setback for property located at 222 Tarrow Street and zoned PDD Planned Development District with a base zoning of T Townhouse. Rachel Lazo, Staff Planner, presented the staff report and stated that the applicant is requesting variance of 8.8 feet to the minimum 25-Foot front setback. There was a general discussion amongst the Board. Chairman Roberts opened the public hearing. Applicant, Daniel Beamon, spoke in favor of the variance request. Patrick Draughon, 203 Chimney Hill Circle, spoke in opposition 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 variance for enjoyment of a substantial property right and there are extraordinary conditions that will not affect the surrounding area. 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 6:29 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:118-0345 Name: Status:Type:Administrative Adjustment Agenda Ready File created:In control:6/5/2018 Zoning Board of Adjustment On agenda:Final action: Title:Discussion of approved Administrative Adjustments. * AWV2018-000008 At Home; 2301 Earl Rudder Fwy S; Administrative Adjustment - Number of Off- Street Parking Spaces (ADH) * AWV2018-000009 1404 Torrey Pines; Administrative Adjustment - Side Setback (LAG) Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Title.... Discussion of approved Administrative Adjustments. * AWV2018-000008 At Home; 2301 Earl Rudder Fwy S; Administrative Adjustment - Number of Off- Street Parking Spaces (ADH) * AWV2018-000009 1404 Torrey Pines; Administrative Adjustment - Side Setback (LAG) College Station, TX Printed on 5/29/2018Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:218-0356 Name:Harris Subdivision Variance Status:Type:Variance Agenda Ready File created:In control:5/22/2018 Zoning Board of Adjustment On agenda:Final action:6/5/2018 Title:Public hearing, presentation, possible action, and discussion to consider a variance to the Unified Development Ordinance (UDO) Section 5.2 Residential Dimensional Standards of 5 feet to the 60-foot minimum lot width that allows for the construction of a duplex with front yard parking for 204 Luther Street, which is zoned R-6 High Density Multi-Family. Sponsors:Laura Gray Indexes: Code sections: Attachments:Harris staff report Application SAM and Aerial Harris Action ByDate Action ResultVer. Public hearing, presentation, possible action, and discussion to consider a variance to the Unified Development Ordinance (UDO) Section 5.2 Residential Dimensional Standards of 5 feet to the 60- foot minimum lot width that allows for the construction of a duplex with front yard parking for 204 Luther Street, which is zoned R-6 High Density Multi-Family. College Station, TX Printed on 5/29/2018Page 1 of 1 powered by Legistar™ Zoning Board of Adjustment Page 1 of 4 June 5, 2018 VARIANCE REQUEST FOR 204 Luther Street AWV2018-000013 REQUEST: Public hearing, presentation, possible action and discussion regarding a variance to the Unified Development Ordinance (UDO) Section 5.2 Residential Dimensional Standards to allow for a 5-foot reduction (14.28 %) to the minimum lot width per dwelling unit as required in the D Duplex Zoning District dimensional standards. The request will allow for the construction of a duplex with a minimum lot width of 30 feet per dwelling unit (total width of 60 feet) with front yard parking at 204 Luther Street, College Station, TX. The subject property is zoned R-6 High Density Multi-Family. LOCATION: The subject property is located at 204 Luther Street, being a portion of a tract or parcel of land lying and being situated in the Crawford Burnett League in Brazos County, Texas. ZONING: R-6 High Density Multi Family. APPLICANT: Charles E. Harris Jr. PROJECT MANAGER: Laura Gray, Staff Planner lgray@cstx.gov BACKGROUND: The applicant owns an unplatted property dimensioned at 60-feet wide and 135- feet deep which has been in existence for over 70 years. The applicant submitted a development plat application (DVPL2018-000002) on April 25, 2018 with a view to demolish two dilapidated 1,326 square foot duplexes (constructed in 1940) and replace them with a new 6 bedroom duplex. The applicant is proposing that the new duplex have parking in the front of the building facing Luther Street. Section 12-5.2 of the City’s Unified Development Ordinance (UDO) requires that the lot be a minimum of 70-feet wide (35-feet per dwelling unit) to have parking in the front as proposed. The lot is 60-feet wide and cannot make this dimensional requirement. APPLICABLE ORDINANCE SECTION The City of College Station Unified Development Ordinance Section 12-5.2 Residential Dimensional Standards. ORDINANCE INTENT: Section 12-5.2 Residential Dimensional Standards establishes dimensional standards that are applied within the Residential Zoning Districts. RECOMMENDATION: Staff recommends denial of the variance request. Zoning Board of Adjustment Page 2 of 4 June 5, 2018 NOTIFICATIONS: Advertised Board Hearing Date: June 5, 2018 There are no neighborhood organizations that are registered with the City of College Station’s Neighborhood Services near the subject area. Property owner notices mailed: Nine Contacts in support: None Contacts in opposition: None Inquiry contacts: One – requesting time and place of meeting ZONING AND LAND USES: Direction Zoning Land Use Subject Property R-6 High Density Multifamily Duplex North R-6 High Density Multifamily Duplex South R-6 High Density Multifamily Multi-Family Apartment Buildings East R-6 High Density Multifamily Multi-Family Apartment Buildings West General Suburban Single Family Home PHYSICAL CHARACTERISTICS: 1. Frontage: The subject property has 60 feet of frontage on Luther Street. 2. Access: The subject property is accessed from Luther Street. 3. Topography and vegetation: The subject property is relatively level with established grass and trees. 4. Floodplain: The subject property is not located within FEMA regulated floodplain. REVIEW CRITERIA: According to Unified Development Ordinance Section 12-3.19 (E.) ‘Administrative Adjustment Criteria’, no variance shall be granted unless the Board makes affirmative findings for all 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. “ There are no extraordinary or special conditions found to affect the subject property such that strict application of the provisions of the UDO will deprive the applicant of the reasonable use of the land. Zoning Board of Adjustment Page 3 of 4 June 5, 2018 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 because the UDO Sec 5.4 Non-Residential Dimensional Standards allows for the construction of a duplex on a 60-ft wide lot when all off street parking is provided in the rear or side yard as has historically existed on the subject property. 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.” The granting of this 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 because the property’s permit and code enforcement history indicates that the existence of two duplexes on the subject property over the past 78-years has been peaceful. The continued existence of this property in its current dimensional state, with one less duplex on it and parking in the front yard, is not anticipated to impact the surrounding 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 this UDO because the dimensions of the subject property will remain the same as has been the past 78-years and the majority of the surrounding property is platted. 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 because a review of the Federal Insurance Rate Map Panel 041C indicates that the subject property is not located within any flood area. 6. Other property. “That these conditions do not generally apply to other property in the vicinity.” These conditions do not generally apply to other property in the vicinity with the exception of the property to the immediate north which is 50-ft wide by 135-feet deep and is developed with a 1955 duplex with parking across the front yard and along the side yard. The remainder of the property in the vicinity is comprised of large-lot multi-family property or General Suburban single family dwelling lots. 7. Hardships. “That the hardship is not the result of the applicant’s own actions.” The hardship is the result of the applicant’s own actions because the property was obtained by the applicant in its current dimensional state. Furthermore, the UDO Zoning Board of Adjustment Page 4 of 4 June 5, 2018 Residential Dimensional Standards allows for the construction of a duplex on a 60-ft wide lot when all off street parking is provided in the rear or side yard as has historically existed on the subject 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 the variance would not substantially conflict with the Comprehensive Plan and the purposes of this UDO because the placement of a duplex on this property is complimentary to the Comprehensive Plan Future Land Use and Character Map designation of ‘Urban’, which supports a very intense level of development activities such as townhomes, duplexes, and high-density apartments. Additionally, the Comprehensive Plan’s Concept map has identified this area for redevelopment which is the very definition of the proposal. Finally, the UDO identity’s duplex as an appropriate use in the R-6 High Density Multi-Family Zoning District. 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 to the subject property would not effectively prohibit and unreasonably restrict the utilization of the property because the UDO Sec 5.4 Non- Residential Dimensional Standards allows for the construction of a duplex on a 60-ft wide lot when all off street parking is provided in the rear or side yard as has historically existed on the subject property. ALTERNATIVES: Construct a duplex with off street parking in the rear or side yard. STAFF RECOMMENDATION: Staff recommends denial of the variance request because: 1. There are no extraordinary conditions; 2. The strict application of the UDO residential dimensional standards would not deny the applicant of a substantial property right or unreasonably restrict the utilization of the property. ATTACHMENTS: 1. Application 2. Aerial & Small Area Map FOR OFFICE USE ONLY CASE NO.:________________ DATE SUBMITTED:_______________ TIME: STAFF: ZONING BOARD OF ADJUSTMENT APPLICATION Date of Optional Preapplication Conference ADDRESS 204 LUTHER STREET LEGAL DESCRIPTION (Lot,Block,Subdivision)HRDLICKA,BLOCK 7,LOT 2 -UNRECORDED SUBDIVISION APPLICANT/PROJECT MANAGER’S INFORMATION (Primary contact for the project): Name ED HARRIS E-mail PLAT0_22@YAH00.COM Street Address 307 GREENWAY DR City BRYAN State 979.846.2951 PROPERTY OWNER’S INFORMATION (Please attach an additional sheet for multiple owners): Name HARRIS-WATKINS PROPERTIES LLC E-mail PLATO_22@YAHOO.COM Street Address 307 GREENWAY DR City BRYAN 979.846.2951PhoneNumber_________________ Current zoning of subject property HIGH DENSITY MULTI-FAMILY (R6) Action requested (check all that apply): ~Setback variance ~Parking variance ~Sign variance ~Lot dimension variance Applicable ordinance section to vary from: SEC 5.2 -RESIDENTIAL DIMENSIONAL STANDARDS Appeal of Written Interpretation ~Special Exception ~Drainage Variance ~Other CITY OF C ii .Gr~,STATION ffom~~/~J wsAdM Li’in’~ MINIMUM SUBMITTAL REQUIREMENTS: ~Zoning Board of Adjustment Application Fee.(Refer to the Planning and Development Fee Schedule for all applicable fees) ~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. Phone Number TX Fax Number Zip Code 77801 State TX Zip Code Fax Number 77801 3/18 Page 1 of 5 GENERAL VARIANCE REQUEST 1.The following specific variation from the ordinance is requested: A VARIANCE FOR A REDUCTION IN THE MINIMUM LOT WIDTH FROM 35 PER DWELLING UNIT TO 30’PER DWELLING UNIT. 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. THE UNIQUE CIRCUMSTANCE IS THAT THE EXISTING TRACT,WHICH HAS BEEN IN DUPLEX USE FOR MANY YEARS IS ONLY 60 IN WIDTH. 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. THE HARDSHIP IS THE CURRENT CONFIGURATION OF THE TRACT AND ITS WIDTH OF 60’.THE ADJACENT PROPERTY TO THE EAST IS ONLY 50 IN WIDTH SO ADDITIONAL LAND CANNOT BE PURCHASED FROM THAT PROPERTY.IT IS NOT LIKELY THE APARTMENT TRACT TO THE WEST WOULD SELL ANY PROPERTY EITHER SO THAT THIS TRACT COULD BE INCREASED TO 70’IN WIDTH.THE OWNER OF THE TRACT DESIRES TO REBUILD A SINGLE DUPLEX STRUCTURE WITH THE PARKING IN THE FRONT OF THE UNIT WHICH IS TYPICALLY ALLOWED FOR DUPLEXES. 4.The following alternatives to the requested variance are possible: CONSTRUCTTHE DUPLEX AND PARK ON THE SIDE OR THE REAR YARD OF THE LOT. 5.This variance will not be contrary to the public interest by virtue of the following facts: THE USE OF THE PROPERTY IS NOT CHANGING AND THE DENSITY OF THE RESIDENTIAL USE IS NOT BEING INCREASED. THE 2 EXISTING DUPLEXES HAVE A TOTAL OF 8 BEDROOMS.THE NEW DUPLEX STRUCTURE WILL HAVE 6 BEDROOMS. 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. ~natureandtitle’~~~Date Cb~f~E ~I44aY1~7er 3/18 Page2of5 THE EXISTING DUPLEXES WILL BE REMOVED. THE OWNER WILL REMOVE THE 2 EXISTING DUPLEXES AND CONSTRUCT A SINGLE DUPLEX. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:218-0361 Name:Aggieland Outfitters Storage Expansion Variance Status:Type:Variance Agenda Ready File created:In control:5/23/2018 Zoning Board of Adjustment On agenda:Final action:6/5/2018 Title:Public hearing, presentation, possible action and discussion regarding a variance to the Unified Development Ordinance (UDO) Section 7.2.H.3 ‘Low-Density Residential Protection’ to allow a 15% variance to the distance regulation between a non-residential structure and single-family use for the proposed office building located at 408 Nimitz Street, legally described as College Heights Block B, Lot 3 and part of Abandoned ROW, zoned GC General Commercial. Sponsors:Jade Broadnax Indexes: Code sections: Attachments:Staff Report Application Aerial SAM Exhibits Action ByDate Action ResultVer. Public hearing,presentation,possible action and discussion regarding a variance to the Unified Development Ordinance (UDO)Section 7.2.H.3 ‘Low-Density Residential Protection’to allow a 15% variance to the distance regulation between a non-residential structure and single-family use for the proposed office building located at 408 Nimitz Street,legally described as College Heights Block B, Lot 3 and part of Abandoned ROW, zoned GC General Commercial. College Station, TX Printed on 5/29/2018Page 1 of 1 powered by Legistar™ Zoning Board of Adjustment Page 1 of 5 June 5, 2018 VARIANCE REQUEST FOR 408 Nimitz Street AWV2018-000014 REQUEST: Public hearing, presentation, possible action and discussion regarding a variance to the Unified Development Ordinance (UDO) Section 7.2.H.3 ‘Low-Density Residential Protection’ to allow a reduction to the minimum setback distance between a non-residential and single-family use. The request will allow for the construction of a 27-foot tall office building setback 45.91 feet from the shared property line with the adjacent single family home, a variance of fifteen (15) percent or 8.09 feet. LOCATION: 408 Nimitz Street College Heights Block B, Lot 3 and part of Abandoned ROW ZONING: GC General Commercial APPLICANT: Schultz Engineering, LLC PROJECT MANAGER: Jade Broadnax, Staff Planner jbroadnax@cstx.gov BACKGROUND: One development standard in College Station is that no non-residential structure shall be located nearer to any property line of an adjacent tract of land on which there is a detached single family use or zoning district, than a horizontal distance that is equal to at least twice the vertical distance (height) of the non-residential structure. The subject property is the proposed location of a two-story office structure adjacent to a single family use to the northeast at 404 Nimitz. Both properties are located within a Redevelopment District as designated on the Future Land Use and Character Map of the City’s Comprehensive Plan. For developments that are within a redevelopment district on the Future Land Use and Character Map, only the structure nearest to the property line of an adjacent tract of land on which there’s a detached single-family use or district shall meet the distance standard herein. With the proposed office structure at 27 feet in height, the building is required to be at least 54 feet from the property line it shares with the adjacent single family to the northeast. The building is being proposed to be constructed 45.91 from the property line; thus the applicant is requesting a variance of 8.09 feet to the setback requirement. APPLICABLE ORDINANCE SECTION: 7.2.H.3 ‘Low-Density Residential Protection’ ORDINANCE INTENT: Unified Development Ordinance (UDO) Section 7.2.H.3 ‘Low-Density Residential Protection’ sets minimum distance requirements related to building height for multi-family and non-residential structures developing adjacent to single family, Zoning Board of Adjustment Page 2 of 5 June 5, 2018 manufactured home parks, or townhouse uses or districts. The purpose is to help mitigate the negative visual impacts these higher density developments can have on single family uses. RECOMMENDATION: Staff recommends denial of the variance. Zoning Board of Adjustment Page 3 of 5 June 5, 2018 NOTIFICATIONS Advertised Board Hearing Date: June 5, 2018 Three courtesy notifications were given to each of the following Home Owners Associations: Chimney Hill, Chimney Hill Villas, and College Hills. Property owner notices mailed: 17 Contacts in support: None at the time of this report. Contacts in opposition: One 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 GC General Commercial Proposed Office North D Duplex Single Family Home South GC General Commercial Retail Sales and Service Building East D Duplex Single Family Home West GC General Commercial Proposed Warehouse/Office Building PHYSICAL CHARACTERISTICS 1. Frontage: The subject property has 71 feet of frontage on Nimitz Street. 2. Access: The subject property is currently taking access from Nimitz Street. 3. Topography and vegetation: The subject property is relatively flat and landscaped. The vegetation is established and maturing 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 setback the structure by 15 percent of the original required setback distance of 54 feet, which would result in an office structure located 8.09 feet closer to a shared property line with a Zoning Board of Adjustment Page 4 of 5 June 5, 2018 developed single family use. A strict application of the UDO would not deprive the applicant of the reasonable use of the property, nor does it take away rights to use the Office structure. The applicant states that the special conditions affecting the land is that the property is located in a redevelopment area, and of the two buildings being proposed, only one is subject to low density residential protections. The redevelopment area is not a special condition that deprives the applicant use of the property; the redevelopment area allows for increased development on site. If the property were not in a redevelopment area the second proposed building on site would also be subject to low density height protection, and therefore limited in height and setback distances. 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 utilize a proposed office structure up to 23 feet in height at that location; 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. Granting the variance will allow for a two story office building to be constructed 27 feet tall and located 45.91 feet from the shared property line with a single family home. Current ordinances require the office structure be located a minimum of 54 feet away from the shared property line. Staff believes that granting the variance will be detrimental to public welfare by permitting an office building in close proximity to a single family home because it will limit access to light and privacy. 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 low density residential protection apply to all property within the City 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 construct a building at the location they have proposed. 8. Comprehensive Plan: That the granting of the variance would not substantially conflict with the Comprehensive Plan and the purposes of this UDO. Zoning Board of Adjustment Page 5 of 5 June 5, 2018 The granting of the variance would not substantially conflict with the Comprehensive Plan. The Plan identifies areas that are appropriate for redevelopment, but protection of single family is also a high priority. The UDO regulation regarding the protection of single family in redevelopment areas attempts to reasonably protect existing single family in these areas while allowing for new development to occur. 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 utilization of their property; the proposed Office structure may still be constructed in compliance with low density residential protection. ALTERNATIVES Alternatives exist to modify the floor plan of the office structure featuring a reduced height of 22.95 feet to meet low density residential protection height requirements, or to increase the setback of the office structure to 54 feet. STAF F RECOMMENDATION Staff recommends denial of the variance request. ATTACHMENTS 1. Application 2. Aerial & Small Area Map 3. Variance Exhibits (4 FOR OFFICE USE ONLY CASE NO.:________________ DATE SUBMITTED:_____________ CITY OF COLLEGE STATION Home of Texas A&M Universizy~STAFF:________________________ ZONING BOARD OF ADJUSTMENT APPLICATION MINIMUM SUBMITTAL REQUIREMENTS: ~Zoning Board of Adjustment Application Fee.(Refer to the Planning and Development Fee Schedule for all applicable fees) ~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 ________________________________________________________________ ADDRESS 408 Nirnitz Street LEGAL DESCRIPTION (Lot,Block,Subdivision)College Heights Block B,Lot 3 and Part of Abandoned ROW APPLICANT/PROJECT MANAGER’S INFORMATION (Primary contact for the project): Name Fadi Kalaouze E-mail fadi.kalaouze@kalcorp.com Street Address 360 Graharn Road City College Station State Texas Zip Code 77845 Phone Number 979.775.8151 Fax Number _______________________________ PROPERTY OWNER’S INFORMATION (Please attach an additional sheet for multiple owners): Name Nimitz Properties LLC E-mail fadi.kalaouze@kalcorp.corn Street Address 360 Graharn Road City College Station State Texas Zip Code 77845 Phone Number 979.775.8151 Fax Number _______________________________ Current zoning of subject property GC -General Commercial Action requested (check all that apply): ~Setback variance ~Appeal of Written Interpretation ~Parking variance ~Special Exception ~Sign variance ~Drainage Variance ~Lot dimension variance ~Other Low Density Residential Height Protection Applicable ordinance section to vary from: Section 7.2.H.3 Low Density Residential Protection 3/18 Pagelof5 GENERAL VARIANCE REQUEST 1.The following specific variation from the ordinance is requested: The desired building height is 27~,which requires a 54 ‘setback to meet the single family height protection 2:1 setback distance.A setback of 45.91’is requested which is a 15%variance. 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 property is within the redevelopment land use area,the adjacent property.Lot 4,is zoned duplex,which does not require height protection,but the use is single family residential which does require the height protection.A variance is required for this lot to develop as proposed in this developed area. 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. The single family use in duplex zoning of Lot 4 is a hardship for this project.As shown in the attached photos,the existing single family building is surrounded by developed duplex buildings that are at the same height or higher and closer than the proposed building. 4.The following alternatives to the requested variance are possible: A proposal has been discussed with the city to revise the UDO to clarify the interpretation of this section and to not require this variance for tracts in redevelopment areas that are adjacent to other development tracts. 5.This variance will not be contrary to the public interest by virtue of the following facts: The adjacent duplexes on Lot 5 and 8 are closer to Lot 4 and are at the same height or higher than the proposed office building. 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 ____________~-z~~/~ Signature and title Date 3/18 Page2of5 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. 3/18 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. 3118 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. 3/18 I ~.PrintRlm~~1 Page 5 of 5 SCALEPLOTTING SCALE:1"=50'VERTICALHORIZONTALFILE NAME:SURVEYEDDLDDESIGNEDDLDDRAWN APPROVEDJPSJOB NO.DATE1:117-54617-553 APRIL 2018AAGGIELANDOUTFITTERSEXHIBITCOLLEGE HEIGHTSLOT 3 & PART ABANDONED ROW,BLOCK BCOLLEGE STATION, BRAZOS COUNTY, TXN/A911 Southwest Pkwy E.College Station, TX 77840979.764.3900TBPE NO. 12327N/A SCALEPLOTTING SCALE:1"=50'VERTICALHORIZONTALFILE NAME:SURVEYEDDLDDESIGNEDDLDDRAWN APPROVEDJPSJOB NO.DATE1:117-54617-553 APRIL 2018BAGGIELANDOUTFITTERSEXHIBITCOLLEGE HEIGHTSLOT 3 & PART ABANDONED ROW,BLOCK BCOLLEGE STATION, BRAZOS COUNTY, TXN/A911 Southwest Pkwy E.College Station, TX 77840979.764.3900TBPE NO. 12327N/A