HomeMy WebLinkAbout10/03/2023 - Agenda Packet - Zoning Board of Adjustments
College Station, TX
Meeting Agenda
Zoning Board of Adjustment
1101 Texas Ave, College Station, TX 77840
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October 3, 2023 6:00 PM Council Chambers
College Station, TX Page 1
1. Call meeting to order and consider absence requests.
2. Agenda Items
2.1. Consideration, discussion, and possible action to approve meeting minutes:
Attachments: 1. June 6, 2023
2.2. Public hearing, presentation, discussion, and possible action regarding a setback variance to
UDO Section 7.2.D.1.e ‘Required Yards (Setbacks)’ for the property located at Woodland Acres
Subdivision Lot 15, generally located at 1003 Ashburn Avenue. The property is zoned GS
General Suburban. Case #AWV2023-000018.
Sponsors: Jesse Dimeolo
Attachments: 1. Staff Report
2. Vicinity, Aerial, and Small Area Maps
3. Applicant's Supporting Information
4. Waiver Exhibit
3. 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.
4. Adjourn.
Adjournment into Executive Session may occur in order to consider any item listed on the agenda if a
matter is raised that is appropriate for Executive Session discussion.
I certify that the above Notice of Meeting was posted on the website and at College Station City Hall,
1101 Texas Avenue, College Station, Texas, on September 26, 2023 at 5:00 p.m.
City Secretary
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meeting so that appropriate arrangements can be made. If the City does not receive notification
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Zoning Board of Adjustment
Page 2 October 3, 2023
at least two business days prior to the meeting, the City will make a reasonable attempt to
provide the necessary accommodations.
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"Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly
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Government Code (Handgun Licensing Law), may not enter this Property with a
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June 6, 2023 Zoning Board of Adjustments Minutes Page 1 of 2
Minutes
Zoning Board of Adjustment Regular Meeting June 6, 2023 MEMBERS PRESENT: Chairperson Fred Dupriest, Board Members Rachel Smith, Michael Martinez, James Hutchins, and Trent Thomas CITY STAFF PRESENT: Assistant Director of Planning and Development Services Molly
Hitchcock, Assistant City Attorney Gavin Midgley, Staff Planner Robin Macias, Lead
Technology Service Specialist Thomas Bauman, Technology Service Specialist Joel Lopez, Technology Service Specialist Lillian Wells and Staff Assistant II Crystal Fails 1. Call meeting to order. Chairperson Dupriest called the meeting to order at 6:00 p.m.
2. Agenda Items 2.1. Consideration, discussion, and possible action to approve meeting minutes:
Board Member Smith motioned to approve the meeting minutes from April 4, 2023, Board Member Martinez seconded the motion, the motion passed 5-0. 2.2. Public Hearing, presentation, discussion, and possible action regarding a height variance to the Airport Zoning Ordinance for the property located at Boyett Block 8,
Lots 19 (6' of) and 20-21, Boyett Block 10, Lots 1-2, east and west half of Lot 13, and
Lots 4-6, and the adjacent 0.288 acres of former University Drive Right-of-Way, generally located at 101 University Drive. The property is zoned NG-1 Core Northgate. Case #AWV2023-000008
Staff Planner Macias presented the item to the Board and stated that the applicant is
requesting an 80-foot height variance for a new mixed-use building, a 133-foot variance for the use of a tower crane to construct the building, and a 234-foot variance for the use of a mobile crane for assembly and disassembly of the construction tower crane.
Staff recommended approval of the request due to the fact that it meets the
specified criteria. Specifically: 1. A literal application or enforcement of the regulation would result in practical difficulty or unnecessary hardship. 2. The granting of the relief would result in substantial justice being done.
3. The granting of the relief would not be contrary to the public interest.
4. The granting of the relief would be in accordance with the spirit of
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June 6, 2023 Zoning Board of Adjustments Minutes Page 2 of 2
the regulation.
Tyler Green, Applicant, Quiddity Engineering, described to the Board the approvals they
have already received from the Federal Aviation Administration (FAA) and Texas A&M
University.
Chairperson Dupriest opened the public hearing.
No one spoke during the public hearing.
Chairperson Dupriest closed the public hearing.
Board Member Hutchins motioned to approve the 80-foot height variance for a new mixed-use building and temporary 133- and 234-foot height variances for the cranes, as they will not be contrary to the public interest, the fact that the Federal Aviation Administration (FAA) and Texas A&M University did not have concerns, and that the approval was within the Zoning Board of Adjustment’s jurisdiction, Board
Member Thomas seconded the motion, the motion passed 5-0.
3. 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 on future agenda items.
4. Adjourn.
The meeting adjourned at 6:10 p.m. Approved: Attest:
______________________________ ________________________________ Fred Dupriest, Chairperson Crystal Fails, Board Secretary
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Zoning Board of Adjustment
October 3, 2023
VARIANCE REQUEST
for
1003 Ashburn Drive
AWV2023-000018
REQUEST:A variance of 11’ 7” to the contextual front setback as set forth in
Section 7.2.D.1.e ‘Required Yards (Setbacks)’.
LOCATION:1003 Ashburn Drive
Woodland Acres Subdivision, Lot 15
ZONING:GS General Suburban
PROPERTY OWNER:Robert P and Michelle W Deere
APPLICANT:Southern Creek Homes
PROJECT MANAGER:Jesse DiMeolo, Staff Planner
jdimeolo@cstx.gov
BACKGROUND:The applicant is proposing a new single-family home on this property
to be constructed 11’ 7” behind the front façade of the adjacent home
located at 1005 Ashburn Avenue. Existing land surveys and aerial
images show several existing, large canopy trees along the
frontage of Ashburn Avenue. It is the applicant’s intent to save
these trees by building the new home farther back into the lot.
The Unified Development Ordinance (UDO) allows the owner of
this property to seek a deviation from the required front setback to
the Zoning Board of Adjustment; therefore, the applicant is
requesting a variance to the UDO Section 7.2.D.1.e to allow for an
additional setback of 11’ 7” from the required contextual front
setback. This setback is determined by taking the measurement of
the two homes immediately adjacent on both sides of the subject
property. The home to the west is measured 71’ 11” from the front
façade and the home to the east is measured 78’ 7” from the front.
The UDO requires the front façade of the new home to be located
no closer to the street than the nearest home and no further from
the street than the furthest home.
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Zoning Board of Adjustment
October 3, 2023
APPLICABLE
ORDINANCE SECTION:UDO Section 7.2.D.1.e ‘Required Yards (Setbacks)’
ORDINANCE INTENT:UDO Section 7.2.D.1.e ‘Required Yards (Setbacks)’ sets minimum
setback standards that apply to existing lots that were created by an
approved plat prior to July 15, 1970, and are designated as
Neighborhood Conservation in the Comprehensive Plan Future Land
Use and Character Map. Both conditions apply to this property. This
property was platted as a part of the Woodland Acres Subdivision in
1940 and is classified as Neighborhood Conservation in the
Comprehensive Plan.
Any new, single-family dwelling unit shall use the adjacent lots to
determine the appropriate front yard setback. The new dwelling unit
shall be set no closer to the street or farther back from the street than
the nearest neighboring units. These standards are typically justified
on the basis of preserving neighborhood integrity in older city
neighborhoods.
RECOMMENDATION:Staff recommends approval of the variance request.
NOTIFICATIONS
Advertised Board Hearing Date: October 3, 2023
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:
College Woodlands HOA
College Hills Estates HOA
College Hills HOA
Property owner notices mailed:
Contacts in support: None at the time of this report.
Contacts in opposition: None at the time of this report.
Inquiry contacts: Six
ADJACENT ZONING AND LAND USES
Direction Zoning Land Use
Subject Property GS General Suburban Detached single-family residential
North GS General Suburban Detached single-family residential
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Zoning Board of Adjustment
October 3, 2023
South GS General Suburban Detached single-family residential
East GS General Suburban Detached single-family residential
West GS General Suburban Nature Preserve
PHYSICAL CHARACTERISTICS
1.Frontage: The subject property has 150 feet of frontage on Ashburn Avenue, which is
classified as a local, residential street.
2.Access: The subject property currently has a dual (circular) driveway that takes access off
Ashburn Avenue. The applicant plans on retaining the same driveway layout.
3.Topography and Impervious Cover: The subject property slopes seven feet from the north
towards the south frontage along Ashburn Avenue. According to City estimates, the
impervious cover for the entire lot does not exceed the maximum allowed coverage of 55%.
4.Vegetation: There is substantial existing vegetation on the site. There is no zoning
overlay for this property that protects existing trees over a certain caliper inch size.
Standard landscaping requirements found in UDO Section 7.6.B.2 will have to be met
prior to receiving the Certificate of Occupancy. That is a minimum of two trees of at
least two inches in caliper or one tree of four-inch caliper.
5.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.
An extraordinary condition affecting this land is the establishment of several mature trees
that exist along Ashburn Avenue. Not every residential lot on this block has mature
streetscaping like this that provides substantial shade and cooling for pedestrians that walk
or bike along the neighborhood streets. Not granting the variance will deprive the applicant
of reasonable use of their land and will require the owner to remove several mature canopy
trees from the front of their property.
2.Enjoyment of a substantial property right: That the variance is necessary for the
preservation and enjoyment of a substantial property right of the applicant.
The variance is necessary for the preservation and enjoyment of substantial property rights
for the owner. As mentioned above, a denial of the variance request could potentially
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Zoning Board of Adjustment
October 3, 2023
require the landowner to remove the trees from the front yard to make space for the house.
Even if the construction plans were drawn in a way to minimize disturbance, the closer the
construction activity to those trees, the more likely they don’t survive after.
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 the UDO. The opposite is
quite true. Granting the variance would be to the benefit of the landowner and surrounding
neighborhood as the trees provide a more pleasant experience for those passing by.
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. This variance does not
impact the subdivision of land, but rather, it slightly impacts the appearance of homes and
how they line the street.
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.
The same zoning conditions apply to all properties along this block, but the physical
conditions of each property may differ. As mentioned earlier in the first criteria item, the
physical condition that may set this property apart from others is the presence of several
mature canopy trees in the front yard. If wanting to protect these trees, it makes it difficult
to place the home in a position between the two adjacent homes.
7. Hardships: That the hardship is not the result of the applicant’s own actions.
The Board may consider the following as grounds to determine whether compliance with this
ordinance as applied to a structure that is the subject of the variance would result in
unnecessary hardship:
1) The financial cost of compliance is greater than fifty percent (50%) of the
appraised value of the structure as shown on the most recently approved municipal tax roll;
2) Compliance would result in a loss to the lot on which the structure is located
of at least 25 percent (25%) of the area on which development may
physically occur;
3) Compliance would result in the structure not being in compliance with a requirement of a
City ordinance, building code, or other requirement;
4) Compliance would result in the unreasonable encroachment on an adjacent
property or easement; or
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Zoning Board of Adjustment
October 3, 2023
5) The City considers the structure to be a nonconforming structure
The hardships created by contextual front setback requirements are not the result of the
applicant’s own actions. The applicant is trying to promote a comfortable, landscaped area
that not only benefits themselves, but also the surrounding neighborhood. A home placed
behind the furthest allowed front setback would be considered a nonconforming structure
unless a variance is granted.
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 or
purposes of the UDO. The intent of the land use designation of neighborhood conservation
in the Comprehensive Plan is as follows; to maintain the existing housing stock, lot patterns,
and character of neighborhoods, support infill housing that fits-in with neighboring homes
(scale, placement, use, etc.), address nonconforming lot issues through flexible
development regulations, and maintain established trees. City staff believes that the
variance follows the intent of the Comprehensive Plan, especially the last item about
maintaining established trees.
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 contextual front setback standard restricts the applicant in the
utilization of their property. As mentioned previously, if the applicant were to follow the exact
application of the UDO, significant impact would be made to the streetscaping along Ashburn
Avenue. This contextual front setback is not appropriate for this lot and requires flexibility in
order to maintain the character of the neighborhood.
ALTERNATIVES
There is only one alternative to help gain compliance and that would be placing the house closer
to the street and potentially having a much greater negative impact on the health of the trees in
the front yard.
STAFF RECOMMENDATION
Based upon the variance criteria listed above and all items being met, Staff recommends approval
of the variance request.
ATTACHMENTS
1. Vicinity, Aerial, and Small Area Maps
2. Applicant’s Supporting Information
3. Waiver Exhibit
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APPEAL/WAIVER APPLICATION
SUPPORTING INFORMATION
Name of Project: SETBACK VARIANCE REQUEST - (AWV2023-000018)
Address: 1003 ASHBURN AVE
Legal Description: WOODLAND ACRES, LOT 15, ACRES 1.25
Applicant: SOUTHERN CREEK HOMES
Property Owner: DEERE ROBERT PAUL & MICHELLE W
Applicable ordinance section being appealed/seeking waiver from: 7.2.D.e.
The following specific variation to the ordinance is requested:
Requesting front set back on the proposed home to be allowed to go to 90'2” from the street vs between the two homes on either side at 71'11" and 78'7" to try and save to large oak trees in the front yard.
The following special condition exists:
There are two very large oak trees on the lot, that would most likely not survive given the new home
construction would be so close to them. By being able to set the house back 11'7” additional from the 78'7" setback next door, this would give the tree's a much better chance of surviving.
The unnecessary hardship(s) involved by meeting the provisions of the ordinance is/are: Leaving the house within the required setback will likely cause trees to die and/or must be removed from
property adding time and cost to the project.
The following alternatives to the requested variance are possible: We are asking for variance for an additional 11’7” to front setback. We might be able to go 10’ but the closer we are the less likely the trees will survive in years to come.
The variance will not be contrary to public interest due to: I believe neighbors would also prefer to keep the trees in place as well. This variance will not have any negative effects to the public interest.
Page 13 of 14
ASHBURN AVENUE
50' R.O.W.90'-2"1003 ASHBURN AVENUE
LOT 15, BLOCK N/A
78'-7"90'-2"71'-11"69'-7"97'-9"Page 14 of 14