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HomeMy WebLinkAbout07/03/2018 - 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, July 3, 2018 1. Call meeting to order. Presentation, possible action and discussion regarding meeting minutes. * April 03, 2018 18-03462. April 03, 2018Attachments: Presentation, possible action and discussion regarding absence requests. * Sherri Echols - June 05, 2018 * Howard Mayne - July 03, 2018 18-03913. Sherri Echols Absence Form 6.5.18 Howard Mayne Absence Form 7.3.18 Attachments: Discussion of approved Administrative Adjustments. *AWV2018-000017 Walk-On's; 4320 State Highway 6 S; Administrative Adjustment - Parking Reduction (LH) 18-03894. Public hearing to consider 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 35-foot 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 lot width of 60-feet) with front yard parking at 204 Luther Street, College Station Texas. 18-03565. Sponsors:Gray Staff Report Application SAM and Aerial Harris 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. Page 1 College Station, TX Printed on 6/25/2018 July 3, 2018Zoning Board of Adjustment Meeting Agenda - Final 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 Tuesday, June 26, 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 6/25/2018 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 6/25/2018Page 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:118-0391 Name: Status:Type:Absence Request Agenda Ready File created:In control:6/8/2018 Zoning Board of Adjustment On agenda:Final action: Title:Presentation, possible action and discussion regarding absence requests. * Sherri Echols - June 05, 2018 * Howard Mayne - July 03, 2018 Sponsors: Indexes: Code sections: Attachments:Sherri Echols Absence Form 6.5.18 Howard Mayne Absence Form 7.3.18 Action ByDate Action ResultVer. Title.... Presentation, possible action and discussion regarding an absence request. * Sherri Echols - June 05, 2018 * Howard Mayne - July 03, 2018 College Station, TX Printed on 6/25/2018Page 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) Sherri Echols June 05, 2018 June 05 , 2018 Unable to attend the meeting for personal reasons Absence Request Form For Elected and Appointed Officers Name Howard Mayne Request Submitted on June 05, 2018 I will not be in attendance at the meeting of July 03, 2018 for the reason(s) specified: (Date) Cannot make the meeting for personal reasons. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:118-0389 Name: Status:Type:Administrative Adjustment Agenda Ready File created:In control:6/8/2018 Zoning Board of Adjustment On agenda:Final action:7/3/2018 Title:Discussion of approved Administrative Adjustments. * AWV2018-000017 Walk-On's; 4320 State Highway 6 S; Administrative Adjustment - Parking Reduction (LH) Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Title.... Discussion of approved Administrative Adjustments. * AWV2018-000017 Walk-On's; 4320 State Highway 6 S; Administrative Adjustment - Parking Reduction (LH) College Station, TX Printed on 6/25/2018Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:318-0356 Name:Harris Subdivision Variance Status:Type:Variance Agenda Ready File created:In control:5/22/2018 Zoning Board of Adjustment On agenda:Final action:7/3/2018 Title:Public hearing to consider 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 35-foot 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 lot width of 60-feet) with front yard parking at 204 Luther Street, College Station Texas. Sponsors:Laura Gray Indexes: Code sections: Attachments:Staff Report Application SAM and Aerial Harris Action ByDate Action ResultVer. Public hearing to consider 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 35-foot 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 lot width of 60-feet) with front yard parking at 204 Luther Street, College Station Texas. College Station, TX Printed on 6/25/2018Page 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 35-foot 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: May 18, 2018 There are no neighborhood organizations that are registered with the City of College Station’s Neighborhood Services in this area. The closest neighborhood organization, Lincoln Center, is located 0.12 miles southeast of the subject property. Property owner notices mailed: Nine property owners mailed notice on May 18, 2018 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.