HomeMy WebLinkAbout12/05/2023 - Agenda Packet - Zoning Board of AdjustmentsCollege Station, TX
Meeting Agenda
Zoning Board of Adjustment
1101 Texas Avenue, College Station, TX 77840
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The City Council may or may not attend this meeting.
December 5, 2023 6:00 PM Council Chambers
College Station, TX Page 1
1.Call meeting to order
2.Agenda Items
2.1. Consideration, discussion, and possible action to approve meeting minutes:
Attachments: 1. October 3, 2023
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 Church Avenue. The
property is zoned NG-1 Core Northgate. Case # AWV2023-000022
Sponsors: Robin Macias
Attachments: 1. Staff Report
2.Vicinity Map, Aerial and Small Area Map
3.Applicant's Supporting Information
4.Federal Aviation Administration Documentation
5.Easterwood Airport Management Documentation
6.TAMU System Documentation
7.Exhibit
2.3. Public Hearing, presentation, discussion, and possible action regarding a variance to the
minimum rear setback per the Unified Development Ordinance Section 5.2.A ‘Residential
Dimensional Standards,’ for the property located at Oakwood Subdivision, Block 3, Lots 1-2 &
18' of Lot 3, generally located at 101 Lee Avenue. The property is zoned GS General Suburban
and NCO Neighborhood Conservation Overlay. Case #AWV2023-000021
Sponsors: Gabriel Schrum
Attachments: 1. Staff Report
2.Vicinity Map, Aerial, and Small Area Map
3.Applicant's Supporting Information
4.Applicant's Photos and Schematics
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.
Page 1 of 40
Zoning Board of Adjustment
Page 2 December 5, 2023
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 December 1, 2023 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.”
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October 3, 2023 Zoning Board of Adjustments Minutes Page 1 of 2
Minutes
Zoning Board of Adjustment Regular Meeting October 3, 2023 MEMBERS PRESENT: Chairperson Fred Dupriest, Board Members Michael Martinez, James Hutchins, and Roger Winkler CITY STAFF PRESENT: Director of Planning and Development Services Michael Ostrowski,
Assistant City Attorney Gavin Midgley, Staff Planner Jessie DiMeolo, Technology Service
Specialist Joel Lopez, and Staff Assistant II Crystal Fails 1. Call meeting to order. Chairperson Dupriest called the meeting to order at 6:25 p.m.
2. Agenda Items 2.1. Consideration, discussion, and possible action to approve meeting minutes: Board Member Hutchins motioned to approve the meeting minutes from June 6,
2023, Board Member Winkler seconded the motion, the motion passed 4-0.
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.
Staff Planner DiMeolo presented the item to the Board and stated that the applicant is requesting a variance to allow for an additional setback of 11 feet seven inches from the required contextual front setback for that property.
Staff recommended approval of the request due to the fact that it meets the specified criteria. Specifically: 1. There are extraordinary conditions affecting the land depriving the owner of
its use;
2. The variance is necessary for the preservation and enjoyment of a substantial
property right;
3. 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
Unified Development Ordinance.
4. The variance will not have the effect of preventing the orderly subdivision of
Page 3 of 40
October 3, 2023 Zoning Board of Adjustments Minutes Page 2 of 2
land in the area in accordance with the provisions of this UDO.
5. The property is unique compared to other property in the area; and
6. A hardship has not occurred due to the applicant’s own actions.
Chairperson Dupriest opened the public hearing.
No one spoke during the public hearing.
Chairperson Dupriest closed the public hearing.
Board Member Martinez motioned to approve the variance as it will not be contrary to the public interest due it meeting all the special condition criteria and because a
strict enforcement of the provisions of the Ordinance would result in unnecessary hardship to this applicant being forced to build around the trees that would result in damages to, or loss of the trees. Board Member Hutchins seconded the motion, the motion passed 4-0.
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 6:34 p.m. Approved: Attest:
______________________________ ________________________________ Fred Dupriest, Chairperson Crystal Fails, Board Secretary
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Airport Zoning Board of Adjustment Page 1 of 3
December 5, 2023
AIRPORT ZONING BOARD OF ADJUSTMENT
AIRPORT HEIGHT VARIANCE REQUEST
FOR
100 CHURCH AVE
AWV2023-000022
REQUEST:Height variance to the Easterwood Airport Zoning Ordinance
LOCATION:100 Church Ave
Boyett Block 8, Lots 6’ of 19 and 20-21
Boyett Block 10, Lots 1-2, east and west half of lot 13 and lots 4-6
Adjacent 0.288 acres of former University Drive Right-of-Way
ZONING:NG-1 Core Northgate
PROPERTY OWNER:WESTENDNG, LP
RADAKOR, LLC
Chad Baccus
ARTESIAN ASSETS, LLC
APPLICANT:Quiddity Engineering LLC
PROJECT MANAGER:Robin Macias, Staff Planner
rmacias@cstx.gov
RECOMMENDATION:Approval
BACKGROUND: The applicant is proposing a new mixed-use development in Northgate
encompassing 8 lots and 0.288 acres of former University Drive right-of-way
bounded by University Drive, Wellborn Road, Church Avenue and First Street.
The building is anticipated to consist of a parking garage and retail space on the
floor level with a parking garage and residential units above. Per the Airport
Zoning Ordinance for Easterwood Airport, the maximum height of a structure at
this location may be 470.6 feet Above Mean Sea Level (AMSL). A height
variance was granted in June 2023 for the building height, temporary tower
crane height and the temporary helper crane for assembly and disassembly of
the tower crane. The applicant has determined that a taller temporary tower
crane is necessary to construct the building. This request is to modify the
previously approved height variance of 133 feet for the temporary tower crane.
Page 5 of 40
Airport Zoning Board of Adjustment Page 2 of 3
December 5, 2023
The tower crane now has a proposed height of 638 feet AMSL. With the
limitation of 470.6 feet above mean sea level, the applicant is requesting a
temporary height variance for the tower crane of 168 feet.
ORDINANCE INTENT: The purpose of the Airport Zoning Ordinance is to establish clear and
unambiguous regulations for the protection of the lives and property of users,
owners, and occupants of and in the vicinity of Easterwood Field Airport and for
the protection of airport operations.
NOTIFICATIONS
Advertised Board Hearing Date: December 5, 2023
Property owner notices mailed: 10
Contacts in support: None at time of staff report
Contacts in opposition: None at time of staff report
Inquiry contacts: None at time of staff report
ZONING AND LAND USES
Direction Zoning Land Use
North Local Street
(Church Ave)
Local Street
(Church Ave)
East
Local Street
(First St)
and NG-1 Core Northgate
Local Street
(First St)
and restaurant
South Major Arterial
(University Dr)
Major Arterial
(University Dr)
West Major Arterial
(Wellborn Rd)
Major Arterial
(Wellborn Rd)
REVIEW CRITERIA
According to the Texas Local Government Code Section 241.034 Variances, the Board shall allow a variance from
an airport zoning regulation if all of the following criteria are met:
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 the regulation.
The board may impose any reasonable conditions on the variance that it considers necessary to accomplish the
purpose of airport zoning.
Page 6 of 40
Airport Zoning Board of Adjustment Page 3 of 3
December 5, 2023
The variance request is to allow for the use of a tower crane for construction. The temporary tower crane will
be at 638 feet Above Mean Sea Level. The Easterwood Airport Management (EAM) team has no objections to
granting a height variance for the temporary tower crane. The FAA has made the determination that No Hazard
to Air Navigation is present for Temporary Structures for the construction crane. In consultation with the EAM
team, the TAMU System has no objections to the granting of a variance for the use of the tower crane.
Allowing the temporary height encroachment for the crane would result in substantial justice being done. The
relief would not be contrary to the public interest as it has been deemed acceptable by the FAA, airport and the
TAMU System with additional safety precautions and communication processes between the applicant and
airport required. The relief would be in accordance with the spirit of the regulation to allow development while
protecting lives, property, and airport operations.
STAFF RECOMMENDATION
After reviewing the request and the related criteria, the information provided by EAM and TAMUS, staff
recommends approval of the request. The granting of the variance would result in substantial justice being
done without being contrary to the public interest, and the spirit of the regulation remains.
ATTACHMENTS
1. Vicinity Map, Aerial, and Small Area Map
2. Applicant’s Supporting Information
3. Federal Aviation Administration Documentation
4. Easterwood Airport Management Documentation
5. TAMU System Documentation
6. Exhibit
Page 7 of 40
Page 8 of 40
Page 9 of 40
Page 10 of 40
Name of Project: 100 CHURCH / UPCAMPUS - REVISION TO APPROVED AWV2023-000008 (AWV2023-
000022)
Address: 100 CHURCH AVE
Legal Description: BOYETT, BLOCK 10, LOT 3 (W HLF OF)
Applicant: QUIDDITY ENGINEERING LLC
Property Owner: ARTESIAN ASSETS LLC
Applicable ordinance section being appealed/seeking waiver from:
Airport Zoning Ordinance for Easterwood Airport.
The following specific variation to the ordinance is requested:
The proposed temporary tower crane will exceed the airport height zoning limit by 168 ft.
The unnecessary hardship(s) involved by meeting the provisions of the ordinance other than financial
hardship is/are:
Providing parking for this proposed mixed use building is driving increased elevations for building.
The following alternatives to the requested variance are possible:
Without this variance to the tower crane, the building would not be able to be constructed.
APPEAL/WAIVER APPLICATION
SUPPORTING INFORMATION
The variance will not be contrary to public interest due to:
This variance will allow for this proposed building to be constructed and will add to the overall Northgate
presence. This building will provide more housing and opportunities for future citizens of College Station and
will overall boost the Texas A&M Campus and College Station economy by providing additional opportunities
for population growth. Other similar building are under construction and/or preliminary design(s), so this will not
be new to this portion of the city.
The following special condition exists:
This variance will allow for this mixed use building to be constructed.
Page 1 of 1
Page 11 of 40
Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Aeronautical Study No.
2023-ASW-14463-OE
Prior Study No.
2022-ASW-23956-OE
Page 1 of 6
Issued Date: 10/16/2023
Tyler Ammermann
Up Campus Properties, LLC
560 W. Washington BLVD.
Suite 200
Chicago, IL 60661
**DETERMINATION OF NO HAZARD TO AIR NAVIGATION FOR TEMPORARY STRUCTURE**
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:Tower Crane Tower Crane - 101 University
Location:COLLEGE STATION, TX
Latitude:30-37-00.57N NAD 83
Longitude:96-20-53.76W
Heights:343 feet site elevation (SE)
295 feet above ground level (AGL)
638 feet above mean sea level (AMSL)
This aeronautical study revealed that the temporary structure does exceed obstruction standards but would not
be a hazard to air navigation provided the condition(s), if any, in this letter is (are) met:
**SEE ATTACHMENT FOR ADDITIONAL CONDITION(S) OR INFORMATION**
This determination cancels and supersedes prior determinations issued for this structure.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, will void this determination. Any future construction or alteration, including increase to heights,
power or the addition of other transmitters, requires separate notice to the FAA. This determination includes all
previously filed frequencies and power for this structure.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of a structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
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Page 2 of 6
This determination concerns the effect of this temporary structure on the safe and efficient use of navigable
airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law,
ordinance, or regulation of any Federal, State, or local government body.
A copy of this determination will be forwarded to the Federal Aviation Administration Flight Procedures Office
if the structure is subject to the issuance of a Notice To Air Missions (NOTAM).
If you have any questions, please contact our office at (817) 222-5933, or andrew.hollie@faa.gov. On any
future correspondence concerning this matter, please refer to Aeronautical Study Number 2023-ASW-14463-
OE
Signature Control No: 600540578-602049637 ( TMP )
Andrew Hollie
Specialist
Page 13 of 40
Page 3 of 6
Additional Condition(s) or Information for ASN 2023-ASW-14463-OE
Proposal: To construct and/or operate a(n) Tower Crane to a height of 295 feet above ground level, 638 feet
above mean sea level.
Location: The structure will be located 1.87 nautical miles northeast of CLL Airport reference point.
Case Description for ASN 2023-ASW-14463-OE
Tower crane used for building development project located in College Station, TX.
Part 77 Obstruction Standard(s) Exceeded and Aeronautical Impacts, if any:
Section 77.17 (a) (2) by 95 feet - a height that exceeds 543 feet above mean sea level within 1.87 nautical miles
of CLL.
Section 77.17 (a) (3) by 75 feet - a height that increases a minimum instrument flight altitude within a terminal
area (TERPS Criteria). The proposal would necessitate At 638 AMSL, 4D, Easterwood Fld (CLL), College
Station, TX. ILS or LOC RWY 35, Amdt 14B; RNAV (GPS) RWY 11, Amdt 1D; RNAV (GPS) RWY 17,
Amdt 1C; RNAV (GPS) RWY 29, Amdt 1B; RNAV (GPS) RWY 35, Amdt 1C; VOR RWY 29, Amdt 14A;
VOR or TACAN RWY 11, Amdt 19F, increase CAT B Circling MDA from 880 to 1000, NEH 563 AMSL,
W/2C, 880 to 940, NEH 580 AMSL.///LOC BC RWY 17, Amdt 8A, increase CAT B circling MDA from 940
to 1000, NEH 563 AMSL, W/1A, No IFR Effect.
Preliminary FAA study indicates that the above mentioned structure would:
have no effect on any existing or proposed arrival, departure, or en route visual flight rules (VFR) operations.
not exceed traffic pattern airspace
have no physical or electromagnetic effect on the operation of air navigation and communications facilities.
have no effect on any airspace and routes used by the military.
Based on this aeronautical study, the structure would not constitute a substantial adverse effect on aeronautical
operations or procedures because it will be temporary. The temporary structure would not be considered a
hazard to air navigation provided all of the conditions specified in this determination are strictly met.
As a condition to this Determination, the structure is to be marked/lighted in accordance with
FAA Advisory circular 70/7460-1 M, Obstruction Marking and Lighting, flags/red lights-Chapters
3(Marked),4,5(Red),14(Temporary),&15.
Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction
light, regardless of its position, should be reported immediately to (877) 487-6867 so a Notice to Air Missions
(NOTAM) can be issued. As soon as the normal operation is restored, notify the same number.
It is required that the FAA be notified 3 business days prior to the temporary structure being erected and again
when the structure is removed from the site. Notification should be made to this office through your registered
e-filing account. Notification is necessary so that aeronautical procedures can be temporarily modified to
accommodate the structure.
Page 14 of 40
Page 4 of 6
NOTIFICATION IS REQUIRED AGAIN THROUGH YOUR REGISTERED E-FILING ACCOUNT
WHEN THE TEMPORARY STRUCTURE IS REMOVED FROM THE SITE FOR NOTICE TO AIR
MISSIONS (NOTAM) CANCELLATION.
It is required that the manager of EASTERWOOD FLD, (979) 775-9901 be notified at least 3 business days
prior to the temporary structure being erected and again when the structure is removed from the site.
It is required that the manager of EASTERWOOD FIELD Air Traffic Control at 979-846-3998 be notified at
least 3 business days prior to the temporary structure being erected and again when the structure is removed
from the site. Additionally, please provide contact information for the onsite operator in the event that Air
Traffic Control requires the temporary structure to be lowered immediately.
This determination expires on 04/16/2025 unless extended, revised, or terminated by the issuing office.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
You must contact the FAA as specified above to request a Flight Data Center (FDC) Notice to Air Missions
(NOTAM) in order to coordinate the following:
At 638 AMSL, 4D, Easterwood Fld (CLL), College Station, TX. ILS or LOC RWY 35, Amdt 14B; RNAV
(GPS) RWY 11, Amdt 1D; RNAV (GPS) RWY 17, Amdt 1C; RNAV (GPS) RWY 29, Amdt 1B; RNAV
(GPS) RWY 35, Amdt 1C; VOR RWY 29, Amdt 14A; VOR or TACAN RWY 11, Amdt 19F, increase CAT B
Circling MDA from 880 to 1000, NEH 563 AMSL, W/2C, 880 to 940, NEH 580 AMSL.///LOC BC RWY 17,
Amdt 8A, increase CAT B circling MDA from 940 to 1000, NEH 563 AMSL, W/1A, No IFR Effect.
You must also contact the FAA as specified above when the temporary structure has been removed from the
site to cancel the NOTAM(s). If it specifies above that you must contact the FAA via e-filing, please visit the
instructions link at oeaaa.faa.gov and review the NOTAM Efile Desk Reference Guide for assistance.
Page 15 of 40
Page 5 of 6
TOPO Map for ASN 2023-ASW-14463-OE
Page 16 of 40
Page 6 of 6
Sectional Map for ASN 2023-ASW-14463-OE
Page 17 of 40
Easterwood Airport Management
1 McKenzie Terminal Blvd,
College Station, TX 77845
November 10, 2023
Anthony Armstrong, P.E., CFM,
Land Development Review Administrator
City Of College Station
1101 Texas Ave.
College Station, TX 77840
Re: Multi-purpose Building and Cranes at 101 University -Revised
Dear Mr. Armstrong:
Easterwood Management has reviewed the application for a height variance for the
construction of a 295-foot tall building, one temporary tower crane, and one temporary
helper crane at 101 University, as well as the FAA letter of “Determination of No Hazard to
Air Navigation for Temporary Structure.”
Easterwood Airport Management has no objection to granting these height variances so long
as the builder complies with the conditions outlined in the FAA Letters.
Respectfully,
Kevin Davis
Easterwood Airport Management
Page 18 of 40
From:O"Neill, John
To:Anthony Armstrong; Robin Macias
Cc:Kevin Davis
Subject:101 University - Revised
Date:Saturday, November 11, 2023 8:56:28 AM
Attachments:FAA - Tower Crane Memo.pdfletter_602049637.pdfUpCampus FAA Exhibit_Closest Corner.PDFHeight Variance Letter for Multi-purpose Building 101 University and Crane Letter Revised 11102023.pdf
***** This is an email from an EXTERNAL source. DO NOT click links or open attachments
without positive sender verification of purpose. Never enter USERNAME, PASSWORD orsensitive information on linked pages from this email. *****
Anthony,
The Texas A&M University System (TAMUS) relies on the expertise of the EasterwoodAirport Management (EAM) team and the Federal Aviation Administration (FAA) to
determine the impacts of height variance requests which would or could affect the airport’soperations.
At this time, the Easterwood Airport Management team has no objections to granting the
revised requested height variance listed in the attached documents for the construction of a295-foot tall building, one temporary tower crane, and one temporary helper crane at 101
University, so long as the builder complies with the conditions as outlined in the FAA Letters(see attached).
In consultation with the EAM team, the TAMU System has no objections based on the
determinations made by our subject matter experts in the field, as long as all conditions, asoutlined, have been met.
Thanks and should you need anything else, please feel free to contact me,
John
John J. O’Neill, MBA | Executive Director, Business Affairs
System Risk Management
joneill@tamus.edu
Page 19 of 40
1262 TAMU | College Station, TX 77840-7896
Tel. 979.458.6234 | Fax 979.458.6247 | www.tamus.edu
Moore/Connally Building
301 Tarrow St., 5th Floor
College Station, TX 77840-7896
From: Kevin Davis <KDavis@EasterwoodAirport.com> Sent: Friday, November 10, 2023 1:36 PMTo: O'Neill, John <joneill@tamus.edu>Subject: FW: [EXTERNAL] -101 University -Revised
John,
Easterwood Airport Management’s recommendation letter for an updated crane variance forthe 101 University Project is attached. The location of this project is at the intersection ofChurch Ave and First St. Please let me know if you need any additional information.
Respectfully,
Kevin Davis, MBAA, C.M. ACE
Airport Director
Easterwood Airport Management
979-775-9901www.flyeasterwood.com
Page 20 of 40
From: Robin Macias <rmacias@cstx.gov> Sent: Wednesday, November 8, 2023 8:30 AMTo: Kevin Davis <KDavis@EasterwoodAirport.com>Subject: [EXTERNAL] -100 Church Ave Crane
Kevin,
Please see the attached FAA letters regarding the height variance for a crane located at 101University. This request is to modify the previously approved variance. Please let me know ifyou have any issues.
Thank you,
Robin Macias
Staff Planner
Planning & Development Services | City of College Station
P.O. Box 9960 | 1101 Texas Avenue, College Station, Texas 77842
Office: (979)764-3763 | Main: (979)764-3570
CS logo
Page 21 of 40
Texas Board of Professional Engineers and Land Surveyors Reg. No. 10046100150 Venture Drive, Suite 100 College Station, TX 77845 979.731.8000
Page 22 of 40
Zoning Board of Adjustment December 5, 2023 Page 1 of 5
VARIANCE REQUEST
FOR
101 LEE AVENUE
AWV2023-000021
REQUEST: A variance of 16 feet to the minimum 20-foot rear setback as set forth in the
Unified Development Ordinance Section 5.2 ‘Residential Dimensional
Standards.’
LOCATION: 101 Lee Ave
Oakwood Subdivision, Block 3, Lots 1-2 & 18' of Lot 3
ZONING: GS General Suburban; (NCO) Neighborhood Conservation Overlay
PROPERTY OWNER: KERRY STEIN
APPLICANT: KERRY STEIN
PROJECT MANAGER: Gabriel Schrum, Staff Planner
gschrum@cstx.gov
BACKGROUND: The subject property is the location of a 2,078-sq.ft. single family home with a
225-sq.ft. accessory cottage. The home on site is the former home of F.W.
Hensel, a prominent College Station citizen and alumnus/professor of Texas
A&M. The cottage is a campus accessory structure named "the Professor's
Cottage" that Mr. Hensel relocated to the property when the home was built in
1941. The property owner has been to the Zoning Board of Adjustment twice
before for variances related to the expansion of the Professor's cottage. The
following is the history of the requests from the property owner up to this date.
• 2020 Variance Request: (AWV2020-00009)
In 2020, the applicant requested a variance to Section 5.2 ‘Residential
Dimensional Standards’ for a deviation of 16 feet from the required
minimum 20-ft rear setback within GS General Suburban zoning for
the accessory structure. The property received a variance from the
Zoning Board of Adjustment to facilitate the restoration and increase
in the size of the accessory unit within the rear setback. The intent of
this request was to help preserve the existing view of the Professor's
Cottage from Texas A&M University while allowing it to expand within
the size allowed for accessory structures.
Page 23 of 40
Zoning Board of Adjustment December 5, 2023 Page 2 of 5
• 2022 Administrative Adjustment: (AWV2022-000019) In October of 2022 the applicant applied for an administrative
adjustment requesting to exceed the maximum square footage
allowed for an accessory structure. Upon review, it was found that
this request did not meet all the criteria of UDO Section
3.18.E.1 which is needed to grant it. The ordinance states that
regardless of the principal structure size, there is an allowance of a
minimum 400 sq.ft. accessory. The limit is in place so that there is a
consistent scale between the two structures. Accessory structures
that exceed this adversely affect the physical character of the area
and would be inconsistent with the purpose and intent of the UDO.
With the denial of the Administrative Adjustment, the applicant
requested that the application be forwarded to the Zoning Board of
Adjustments as a variance request subject to those requirements.
• 2022 Variance Request: (AWV2022-000027)
In December of 2022, the applicant requested a variance to build an
approximately 342-sq.ft. addition to the existing cottage based on
their forwarded application. Based on the existing accessory
structures on the site the applicant requested a variance to the UDO
Section 6.5.B ‘Accessory Structures’ to allow the total accessory
structures on the lot to exceed the 25% maximum (519.5 sq.ft.) by
allowing an additional 243.5 sq.ft. of accessory structures, which is
36.7% of the size of the home. At the Zoning Board of Adjustment
meeting on February 7, 2023, staff recommended denial with
possible alternatives such as modifying the principal structure to
allow for the desired accessory building size or reducing the square
footage of the addition to fall within the 25% requirement. With
staff recommendation of denial and the failure of meeting all of the
criteria required for the approval of the variance, the request was
denied.
The 2020 variance was approved to facilitate the preservation of the Professor’s
Cottage with a modest accessory structure expansion as the purpose behind
the requested variance. Since then, the applicant’s stated intent for this
structure has changed. With this current variance request the applicant states
that they are seeking a 16-ft variance to the 20-ft rear setback for a new garage
addition onto the Professor’s Cottage rather than an accessory structure. The
applicant's documents show a garage that will be accessed through the side of
the cottage facing George Bush Drive and be of a size to house one car and have
extra space. Though this request is the same desired deviation from the setback
amount as the previous one from 2020 (AWV2020-00009), the scale of the
proposal (and thus its potential impact) has changed. The proposal is different in
the respect that the intention of the Professor’s Cottage and its addition is no
longer as an accessory structure, but now a garage. Due to it being a garage use
instead of an accessory structure, structural and visible changes will be
required of the cottage and the size of the structure is no longer limited in size
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Zoning Board of Adjustment December 5, 2023 Page 3 of 5
to 25% of the primary structure as required by Section 6.5.B of the Unified
Development Ordinance.
APPLICABLE
ORDINANCE SECTION: UDO Section 5.2 ‘Residential Dimensional Standards’
ORDINANCE INTENT: UDO Section 5.2 ‘Residential Dimensional Standards’ sets minimum setback
standards that usually allow for some degree of control over population
density, access to light and air, and fire protection. These standards are
typically justified on the basis of the protection of property values.
RECOMMENDATION: Staff recommends denial of the variance request.
NOTIFICATIONS
Advertised Board Hearing Date: December 5, 2023
Property owner notices mailed: 9
Contacts in support: None at the time of this report
Contacts in opposition: None at the time of this report
Inquiry contacts: None at the time of this report
ADJACENT ZONING AND LAND USES
Direction Zoning Land Use
Subject Property GS General Suburban with NCO
Neighborhood Conservation Overlay Single-Family Home
North (across Timber
Street) GS General Suburban Barbara Bush Parent Center CSISD Early
Head Start
South (across Lee
Avenue)
GS General Suburban with NCO
Neighborhood Conservation Overlay
Single-Family Home
East GS General Suburban with NCO
Neighborhood Conservation Overlay Single-Family Home
West (across George
Bush Drive) C-U College and University Texas A&M University campus
PHYSICAL CHARACTERISTICS
1. Frontage: The subject property has approximately 95 feet of frontage on Timber Street, 152 feet of
frontage on George Bush Drive, and 95 feet of frontage on Lee Avenue.
2. Access: The subject property is currently taking access from Timber Street.
3. Topography and vegetation: The subject property slopes four feet from the southeast corner towards the
northern corner at Timber Street. According to City estimates, the impervious cover for the entire lot does
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Zoning Board of Adjustment December 5, 2023 Page 4 of 5
not exceed 55%. In the future, when the landowner applies for a building permit, a more detailed calculation
will be needed showing that the maximum impervious cover limit has not been exceeded.
4. Floodplain: The subject property is not located within FEMA regulated floodplain.
REVIEW CRITERIA
According to Unified Development Ordinance Section 3.19.E ‘Criteria for Approval of Variance’, no variance shall
be granted unless the Board makes affirmative findings in regard to all nine of the following criteria:
1. Extraordinary conditions: That there are extraordinary or special conditions affecting the land involved such
that strict application of the provisions of the UDO will deprive the applicant of the reasonable use of his
land.
Extraordinary conditions exist on this property. The property is surrounded by public right of-way on three
sides, with the rear setback designation along Timber Street. Normally, a residential property will back up to
another residential property, but this one does not; therefore, an encroachment into the rear setback will
not directly affect a neighbor to the rear.
In addition, the property is buffered from the Timber Street right-of-way by an additional 5 feet of reserved
tract that was platted in the 1930’s. The 5-foot reserved strip of land falls within the fenced 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 not necessary for the preservation and enjoyment of the substantial property right of the
applicant. If the proposed variance is not granted, the applicant can still build a new garage addition within
setbacks and follow Section 5.2 ‘Residential Dimensional Standards’ of the UDO.
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.
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. The surrounding properties are platted lots within the
Oakwood Subdivision.
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 as the site is already developed and 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.
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Zoning Board of Adjustment December 5, 2023 Page 5 of 5
The development conditions of the subject property generally do not apply to other property in the vicinity.
This property and a couple of its neighbors make up a non-typical, single tier block. Instead of having other
residential properties to the rear, they back up to a public right-of-way and reserve tract.
7. Hardships: That the hardship is not the result of the applicant’s own actions.
A hardship has occurred based upon the applicant’s own actions and does not occur due to an extraordinary
condition of the land. The applicant owns a piece of property in a unique location with a non-conforming
structure (“the Professor’s Cottage”) that is encroaching into the rear setback. This structure has been there
since the early 1940’s. A variance currently exists to allow for the expansion of the Professor’s Cottage into
the setback on the south side of the building so as to preserve the visible façade of the older building. As the
cottage is an accessory building, the size of the expansion is limited and a variance to allow for a larger
expansion was denied by the ZBA.
The variance currently being requested is for the conversion and expansion of the cottage for a garage. The
size of a garage expansion is not limited. A conversion of the cottage into a garage would change the visible
façade of the older building in the setback—the façade that the previous variance was granted to preserve. If
the visual of the cottage facade is no longer a priority, the location of the expansion is no longer limited to the
south of the building and thus may be placed outside of setbacks. Demolition of the existing structure also
becomes viable, allowing for more flexibility on the site to locate a garage outside of setbacks.
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.
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 location of the existing structure within setbacks limits the possible locations for future expansion,
which by virtue of backing against a reserve tract and right-of-way, will not impact a property to the rear.
ALTERNATIVES
One alternative would be to remove the Professor’s Cottage and construct the addition within a conforming
location. Alternatively, the applicant could build the garage addition towards their primary structure so that it
could fall within the appropriate setbacks required by the ordinance put forth in Section 5.2.A ‘Residential
Standards’ of the UDO. If a variance was deemed warranted for the property, the cottage could be removed so
that the size necessitated by the cottage and garage could be reduced to lessen the size of the structure that
encroaches into the setback.
STAFF RECOMMENDATION
Due to the lack of meeting all of the required criteria provided above, including a lack of hardship on the
property, Staff recommends denial of the variance request.
ATTACHMENTS
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Zoning Board of Adjustment December 5, 2023 Page 6 of 5
1. Vicinity Map, Aerial, and Small Area Map
2. Applicant’s Supporting Information
3. Applicant’s Photos and Schematic
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Page 1 of 3
101 Lee Avenue Setback Variance Request VARIANCE
1. Variance Type: Select the variance that you are requesting a. Setback b. Parking c. Sign d. Lot Dimension e. Appeal of Written Interpretation f. Special Exception
g. Drainage h. Other
2. Applicable Ordinance: Provide the application ordinance section that you are requesting a variance to
RESPONSE: UDO Section 5.2 – Residential Dimensional Standards 3. Variation Requested: Provide the specific variation from the ordinance that you are requesting RESPONSE: We are requesting a 16’ variance to the 20’ rear setback for a new garage
addition onto the Professor’s Cottage as depicted in Exhibit A. 4. Special Conditions: Provide the special condition(s) of why this variance is necessary. To justify a variance, the difficulty must be due to unique circumstances related to the physical characteristics of the particular property, not to the owner's personal situation.
RESPONSE: The existing structures were built on the property before current setbacks were established. At such time that setbacks were approved with zoning districts, many structures were placed out of compliance with current standards, as depicted in Exhibit B. Many of these original structures have historic value to the City of College Station and the preservation of the character and integrity of the structures
is a priority.
In order to preserve the historic value of the structure and integrate property
improvements with consistency and uniformity, variances to current standards, including setbacks, should be allowed.
5. Hardships: Provide the unnecessary hardship(s) involved by meeting the provisions of the ordinance OTHER THAN FINANICAL HARDSHIP:
RESPONSE: Because the Professor’s Cottage has been placed on the property at that location since 1941 and before setbacks were established, and the property is bounded by rights of way on three property lines, building an addition within
setbacks would create inconsistency and would be a detriment to the aesthetics of the prominent and highly visible property.
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Page 2 of 3
Further, as a garage, the placement of the structure is highly dependent on vehicular
maneuverability in relation to the existing driveway. In the proposed location the garage is placed such that it will not increase the rear setback encroachment, and will still allow enough room for vehicles to access the garage and exit the property
without backing out onto a right of way. 6. Alternatives: Provide possible alternatives to the requested variance RESPONSE: As an alternative, the property owner may remove the Professor’s Cottage/garage and rebuild it and the addition within the appropriate setbacks. 7. Public Interest: State how this variance will not be contrary to the public interest
RESPONSE: The setback variance will allow the structure addition to be built at the same setback distance as the existing cottage/garage. The cottage has existed in that location since 1941 and has not been a detriment to the public interest.
Additionally, there is a 5’ reserve strip between the existing cottage and the Timber
Street right-of-way line, effectively making the requested setback 9’ from the right-of-way, rather than 4’, further buffering the structure from Timber Street. 8. Acknowledgement: 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.
RESPONSE: I am not the property owner – attached is power of attorney or Variance Owner Certification. LOCATION:
1. Address: 101 Lee Avenue 2. Parcel Number: 481100-0030-0010 Applicant Information:
Name: Mitchell & Morgan, LLP C/O Veronica Morgan Address: 3204 Earl Rudder Freeway South City: College Station State: Texas Zip Code: 77845-6457
Phone: 979-260-6963 Email Address: v@mitchellandmorgan.com Owner Information:
Name: Kerry & Angela Stein
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Page 3 of 3
Address: 101 Lee Avenue City: College Station
State: Texas Zip Code: 77840-3018 Phone: 713-444-0295
Email Address: kstein@bdxplor.com Contact Primary Information:
Name: Mitchell & Morgan, LLP C/O Crissy Hartl Address: 3204 Earl Rudder Freeway South City: College Station State: Texas Zip Code: 77845-6457 Phone: 979-260-6963 Email Address: crissy@mitchellandmorgan.com
Contact Secondary Information:
Name: Tina Weido Address: 3204 Earl Rudder Freeway S
City: College Station State: Texas Zip Code: 77845
Phone: 979-260-6963 Email Address: tina@mitchellandmorgan.com
Engineer Information:
Name: N/A Address: N/A City: N/A State: N/A Zip Code: N/A Phone: N/A Email Address: N/A Surveyor Information:
Name: N/A Address: N/A City: N/A State: N/A
Zip Code: N/A Phone: N/A Email Address: N/A
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