HomeMy WebLinkAbout04/01/1986 - Regular Minutes - Zoning Board of Adjustmentsr1
TRANSCRIPT OF A PORTION OF
THE ZONING BOARD OF ADJUSTMENT
MEETING OF APRIL 1, 1986.
BOARD MEMBERS PRESENT: Eric Herzik, Gale Wagner, Jim McGuirk,
Bob Gilmore and Jack Upham, Chairman.
BOARD MEMBERS ABSENT: Dorothy Meyer and Allen Swoboda.
STAFF PRESENT: Carol Elmore, Assistant City Attorney,
Jane Kee, Zoning Official and Shirley
Volk, Planning Technician.
VISITORS PRESENT: See guest register.
UPHAM Item 4 - consideration of a request for variance
to side setback requirement, Ordinance No. 1638,
Table A, at the single family residence of 8603
Rosewood Drive. Applicant is RepublicBank A&M.
• KEE Yes, I would like to go over the facts of the
case again, you know was before you last month,
but this is a new application and not a tabled
item. The applicant, as you see, is RepublicBank
A&M and the property owner at 8603 Rosewood. The
current zoning on the property is R-1 single
family and the applicant is requesting a variance
to the side setback in order to receive a Cer-
tificate of Occupancy on the existing house that
has an encroachment. The encroachment is the
fireplace on the side. If you would refer to
your packet for a copy of the lot that's platted,
you will see the utility easement along that side
lot line in question, but the fireplace does not
encroach into that easement. The setback requir-
ed, of course, is 7 1/2 feet on that side. The
setback provided currently is 5.8 feet. There
are residences on both sides of this particular
property. The garage and driveway of the resi-
dence at 8605 is the nearest structure to the
property line in question. Even with this set-
back encroachment, however, there is more than 15
feet of separation with the garage next door as
this particular structure offsets. The building
permit was originally requested for this house on
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6/18/84. At that time, the fireplace was deleted
from the plans by the builder. The slab inspec-
tion was made 7/2/84. At that time, the slab
inspectors found that the setback was alright and
there was no fireplace at that time. Prior to
the Certificate of Occupancy, the staff received
a call from the neighbor indicating the fireplace
had been added and appeared to encroach the side
setback. The two alternatives that the staff.
sees thus far, is, of course, remove the fire-
place, or replat the property. You will recall
from the last meeting that replatting had been
attempted on various occasions and apparently is
not a viable option. I would also refer to
you in your packet to the memo from the City
Attorney explaining the change in the ordinance
language, Section 15.2E, of which you have a copy
of that section which (unintelligible). I would
also refer you to the letter from applicant's
attorney, Steve Smith, referencing the same; and
I would just as a final item like to read for the
record the way that Section 15.2E reads in what
is now Ordinance No. 1638 which is the ordinance
that revised and updated the City Zoning Ordi-
nance. Section 15.2 is Powers and Duties of the
Board of Adjustment. Subsection a reads, "That
the Board shall have the following powers: to
authorize upon appeal variances of the yard, lot
width, lot depth, signs, minimum setback, off-
street parking, or off-street loading regulations
from the terms of this ordinance as will not be
contrary to the public interest where owing to
special conditions, the literal enforcement of
the provisions of_ the ordinance will result in
unnecessary hardship and so that the spirit of
the ordinance shall be observed and substantial
justice done."
I would point out that the change in the language
specifically is a referenced "special condi-
tion". As you recall old Ordinance No. 850 re-
quired unique and special conditions of the land
not normally found in like districts that were
and have been changed to just "special condi-
tions" which is in line with how the statute is.
That change was made on, well, the City Attorney
made that change to the Planning Department and
carried it before Council and under the direction
of Council; and therefore this item is back
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before the Board with a change in conditions and
that being the different language.
UPHAM Any more questions at this time? Anyone else
like to be heard on it, I presume. Raise your
right hand. Repeat after me. I solemnly swear
to tell the truth in these preceedings under the
penalty of law.
SMITH I do, Mr. Upham.
UPHAM would you kindly give your name and address.
SMITH My name is Steve Smith, I reside at 19 Cedar
Ridge Drive in College Station. I think you all
remember, but for the benefit of Mr. Gilmore who
I do not believe was here the last time, I'm
going to go over a little bit about the facts of
the case again for his benefit.
GILMORE I was here last time.
SMITH Were you? I'm sorry. That's right you were
sitting back here as an alternate. At the time
of the last meeting, I suggested that, in my
opinion, the way your powers were structured was
outside the scope of the enabling statute that
was passed by the legislature, Article No. 1011g
,
of Vernon's, in that unique and special condi-
tions of the land not found in like districts
unduly limited the scope of any kind of condi-
tions that you could consider. Following the
denial of our variance request, I filed suit in
District Court on behalf of RepublicBank A&M; and
in that suit I requested that the Court overturn
your decision. I also suggested at the time that
the statute as it was written here, the municipal
ordinance, exceeded the powers given to the ZBA
in the statute. Apparently, that argument was
with some merit, at least in the City Attorney's
eyes, because the statute has been changed. The
statute now tracks to the letter verbatim the
language in 1011, Subsection g, in especially
Subsection 3, where it allows you to consider
special conditions. It is our position simply
that under the Code Construction Act in Article
10 of Vernon's, that unless there is a specific
meaning attached to the word "special condi-
tions", which I am unable to find in the statutes
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or in any court cases, then this board must abide
by Vernon's rules of construction which means the
normal ordinary construction that you and I would
use in everyday normal language, what I call the
"Websters Construction". "Special conditions"
meaning exactly that. Any special condition
regarding the property that happens to exist. In
this case, in my opinion once again, the special
condition that exists is that the fireplace is
over the setback line. Because of the change in
the ordinance, I do not believe it has to be a
special condition of the land any longer. The
statute just refers to special conditions. I
believe that we...I will not get into it. I want
to save the board's time, and I'll be glad to
answer any questions. I don't want to get into
the things that we have heard before because they
are going to be the very same things.
RepublicBank A&M did not create this hardship; we
have inherited this hardship. We believe it is a
hardship. We believe that the enforcement of the
ZOoning ordinance to the letter will result in an
unnecessary hardship to us and that~the spirit of
the ordinance would not be unjustly hindered, un-
justly cut into, if the variance is granted and
that substantial justice would be done with the
granting of the variance. We do not believe that
granting the variance for less than two feet,
1.7, I guess it is, feet of additional side set-
back with the consideration of Mr. Poteet's
garage and driveway being the nearest structures,
and his house being further and beyond that with
fifteen feet still between those. We do not
believe that the substantial injustice that
RepublicBank A&M would be under if you did not
grant it is out-weighed by the potential harm to
Mr. Poteet's property.
HERZIK Since the law has now been changed to "special
conditions", as I read that you left out a
clause, that it would not be contrary to the
public interest.
SMITH That's true.
HERZIK With special conditions, anybody can come in and
say this is a special condition. That's a rather
wide open clause. We need to include something
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that would not be in conflict with the public
interest. Could you define public interest in
this case.
SMITH I think the public interest, Mr. Herzik, is
simple. And that is to keep the basic integrity
of zoning requirements. That is the purpose, as
I understand it, of zoning. I'm not a zoning
lawyer, but I think that everybody wants to be
sure that their house is adequately protected
from their neighbor's house and that it is ade-
quately protected from their neighbor's house in
the back and from a street or traffic in the
front.
HERZIK Given that, aren't you asking for a variance
problem, the variance zoning law as involved in
the City of College Station?
SMITH Yes.
HERZIK Aren't you questioning the integrity of the law?
SMITH I don't believe so. If I were not allowed to
question or seek a vari
ance, why would we have a
provision for variances?
UPHAM I don't think anybody is questioning your right
to question us. While you are an attorney and
have a little bit of "up-manship" on us here
I
,
think you will find that what we will be doing
here is considering the case in all of its
seriousness, and we will probably pick your
brains a little bit and take advantage of this
and rest assured we shall.
SMITH That's part of the process - considering all
things.
HERZIK Back to my point on the integrity of the law
I
,
have another question to go with it. I recall
from the minutes that have been approved that I
asked this question about a month ago, if Mr.
Poteet had in fact called the City to complain
about the pouring of the slab before the fire-
place ever went in, and it seemed to pass through
but
h
, yes,
e had done this. That seems to almost
b
e a challenge. He called and questioned the law
at that point, at a time before the fireplace was
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even built and the foundation set. Somehow he is
upset by it. We have the zoning law, and he
noticed the violation, called attention the City,
immediately; and now you are coming asking for
this law to be, at least given some sort of
variation from.
SMITH Well, let me step one step further, Mr. Herzik,
if I may. He apparently did call and complain.
What I can't understand is if he called and com-
plained at the time of the pouring of the fire-
-place, and before the framing went up, what I
can't understand is why that point wasn't appa-
rently addressed before construction was allowed
to continue to begin with. Now that is not a
problem, obviously, RepublicBank did. It seems
to me that somebody with the City may have
dropped the ball. If that phone call was in fact
made and said, "Hey, we've got a problem here"
,
I'm wondering why, and I assume that you have a
slab inspection, and then I assume you have a
frame inspection, and I'm assuming these things
because I built my home outside the City. But if
• you have a framing insection, and assuming the
fireplace is th
h
ere w
en it is framed, I assume it
would have to be, why the problem wasn't caught
then by City personnel, and I can't give you an
answer to that question. I wish I could.
HERZIK I don't think I can either.
SMITH While that may benefit on his side some, I think
it also benefits on our side some in that the
whole thing had been allowed to proceed if in
fact that phone call was made. I don't know why
it wasn't caught earlier.
HERZIK You've inherited the problem, and we've inherited
the problem.
SMITH I think we all have.
UPHAM I'm having a little problem here, well, inherit-
ing things here, too. I've sat on the board a
long time, and I've heard unique and special law
a lot of times, a million times, and I've heard
discussions as to this is only a little bit off
or etc., and my wife is nothing but a little bit
pregnant. So I have that situation here which is
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a problem to me, and then we now get down to
where we have the word special only. We have a
case here where there was erroneous and deliber-
ate violation of the permit. I'm also having to
do here to bring myself to believe that the in-
tent of the legislature to use the word "special"
and that they so design this thing that will
allow for erroneous and deliberate violation of
permit. That's the problem I have. "Special.",
yes many things are "special" and properly so,
but I'm having a very difficult time believing
that the legislature or even a judge, I'm not
sure, judges do some funny things sometimes as we
all know. I have a hard time believing that a
judge would, if he was asked, "Judge, do you
believe that the legislature intended to put
something in here in this thing so special that
it was their intention to provide for erroneous
and deliberate violations of the law?" in which
case that automatically negates the law. There
is no effect of the law (unintelligible). So
this is the problem I have. Perhaps you can
bring me up to date a little bit.
• SMITH Let me address the point, and please don't mis-
understand me, but I disagree with you in the
extreme. In my mind, there was no evidence other
than somebody's supposition before that the
building of the fireplace was an erroneous and
deliberate action as I recall.
WAGNER Beg to differ. We saw the plat of the fireplace.
SMITH Okay, what I'm saying is this, I don't know, the
only person that knows about the deliberateness,
or the erroneousness of it, is the builder, I
think; and the builder is not here. I wish I
knew what the builder thought, too.
WAGNER I'm not sure that's relevant tonight. I'm not
sure any of this is really relevant to your
problem, to what we are trying to deliberate.
SMITH Mr. Wagner, that was my, hopefully, my entire
position last time. Everybody has been throwing
bricks at my claim. While I think that what Mike
Lane did or didn't do really doesn't have a whole
heck of_ a lot to do with where RepublicBank finds
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themselves,
Lane may or
we were not
change.
the problem is that whatever Mike
may not have done, we did not do, and
party to, and we were not able to
UPHAM And then we end up with a problem down here where
the only thing that we cannot under any circum-
stance do is to give relief where the problem is
financial only. That is about one of the most
cold-blooded approaches to something, that par-
ticular sentence, I believe I've ever read
anywhere.
SMITH There is no question there is financial hard-
ship. There is also a question of aesthetic
hardship in the looks of the house. I don't
think that is a financial consideration. I think
that is a consideration where homeowner might
say, "I don't care what is said, you can't match
brick for brick once it's done." I don't care
what you say. There is also the question of the
interior having to be changed. It will be a
financial hardship, yes, but it will also be an
aesthetic hardship upon the future owner of the
property. So, I think there is something more
than the financial-hardship. I agree with you
that's a pretty stout...
UPHAM My problem very simply is that you were talking
about throwing bricks at the builder; I'm not
throwing bricks at the builder, but I do ask
myself a very serious question--when a man files
a plat,. says one thing, and does something else,
maybe he ought to have a brick or two thrown at
him, I don't know.
SMITH I'm not saying that he shouldn't. I'm just say-
ing that we had nothing to do with that obvious-
ly.
UPHAM No, this was an inherited problem.
HERZIK I don't think anybody is trying to throw bricks
at your problem. I'm very sympathic to your
problem. You inherited something you probably
didn't know about it at the time. If you inherit
and assume a contract of a corporation, don't you
assume many of their problems as well as far as
contractual obligations?
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SMITH It depends. Honestly, it does depend.
HERZIK Isn't it at least questionable that you inherited
this question - you inherited this problem inno-
cently enough, but still you should have a con-
tractual legal obligation.
SMITH If you were selling a company to me, okay, and
you had violated some ordinance or statute while
you were running the company, I do not believe
that I'm going to inherit the responsibility for
any liability that you may bear for acts done
erroneously and deliberately, okay. I don't
think that's going to flow with it. I'm going to
take your notes payable and your bank accounts
and everything else, but I don't think you can
shift that what I'll call "quasi criminal" lia-
bility over to another party simply because they
step in. And this was not a voluntary assign-
ment; obviously it as one taken under duress.
UPHAM So was this.
• WAGNER I think that, frankly speaking for myself, this
is an emotional time in the sense that we have
been sometimes laboring under a previous ordi-
nance that really was not so liberal, was much
more conservative. We are faced with a case that
is a perfect example of what we would have
thought a month ago or even two weeks ago to have
been outside of the realm of our purview and that
it is so liberal in interpretation that we would
have never considered it. Although if you will
review the minutes, I think you'll see that a
certain portion of this was considered very
carefully a month ago. I think we are dejected
in the sense that we see here, to some degree, a
"prostitution of the city ordinance". I think
that the enabling act in the legislature suggest-
ed that cities could take it upon themselves to
make those ordinances as strict as they wished if
they thought they had the guns to back it up. I
think we, once upon a time, had a much more
strict Zoning Ordinance than we do now. I think
that we see our city, perhaps growing up in a
sense; but at the same time, as you have so amply
put, tracking the legislature, tracking the
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record, tracking the court decisions, that have
preceded us. So we have very little, in fact,
recourse.
SMITH And I'm not so sure that I disagree philosophic-
ly.
WAGNER Well, I think because of that and in order to
keep it from getting to emotional this evening
that we probably should stick very closely to the
point of tonight's deliberation, that being
whether you, RepublicBank, have any case at all
to allow this fireplace to continue. I think
probable that we're, back in my own mind and
speaking for myself, it is an inherited hard-
ship. I see it as that. I think that if we try
to explore any other avenues, fault or otherwise,
that it would probably be counterproductive at
this point, and with that I'll shut up.
HERZIK I'm not sure I agree with that except for the
fact, ironically, Texas law is causing us to be
more liberal, yet, tracking the legal cases, the
big one seems to be the Corpus Christi case.
• SMITH McBride?
HERZIK In that case, the court ruled that the Corpus
Christi ZBA essentially acted capriciously and
that they granted some requests.
SMITH Granted some and didn't grant others, that's
right.
HERZIK Do you happen to know, I was unable to find in
any of the reprinted material we got, if there
are any neighbors involved in this? A differing
view of the public interest view so of speak.
SMITH Just a moment. Mr. Herzik, it doesn't say one
way or another in the case, and I'm looking at
the court decision of the case.
MCGUIRK I find a fundemental difference between that
case and this case. That fundamental difference
being in that case the builder built to an
approved site plan, and in this case the builder
built at odds with the approved site plan.
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HERZIK I would agree with that and also say that there
are two other differences. The one I just asked
about and. there seems to be contention here in a
sense, in defining the public interest of two
neighbors-RepublicBank and , and also the
kind of zigzag course set by the ZBA of Corpus
Christi on that very same property.
WAGNER I fail to...well, go ahead, and then I'm going to
give you my opinion.
HERZIK I guess what I'm getting back to is we've now
been given this new statute defining the public
interest. Public interest that is not contrary.
Consider special conditions that are now con-
trary to public interest where before, Mr.
McGuirk would always give us our one, two, three
that we had to consider on any appeal, but now
that's all we have to go by. Special conditions
and public interest, two rather ill-defined
terms.
WAGNER Let's go back and suppose that the City would
. have acted on Mr. Poteet's initial phone call.
And that they would have acted in such a way that
the Certificate of .Occupancy to the builder
wouldn't have been granted. That the builder
then would have had to come before the ZBA to
request a variance to allow his fireplace to
exist so that he could get a key to the front
door, as it were. In that instance, I think we
would have been more than adequately supported to
have turned downed that variance without removal
of the fireplace for the very conditions that we
are talking about now. But the RepublicBank is
not the builder. RepublicBank has foreclosed on
the property. They had nothing to do with the
fireplace and are now faced with howbeit aesthe-
tically not unpleasant, it's still a rather
horrendeous thing, but still it does have that
bloomin' fireplace there. And if you look at it
from a certain degree, it looks like the fire-
place belongs there. Now, it seems to me that
RepublicBank has inherited this problem. It has
nothing to do with the plat, I'm afraid, or the
builder, I'm afraid, or anything else that has
happened before including, to an extent, Mr.
Poteet's phone call at the very beginning.
That's what I find is my dilemma.
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McQUIRK Mr. Chairman, are we still questioning witnesses
or are we in the discussion phase?
UPHAM I think that we are probably ...
SMITH I'm still here to answer ...
UPHAM This is a nasty thing in that we are presented
with a third party problem here in a case which
is the first case under consideration with this
particular problem since changing the ordinance.
And if there is anything on the face of this
earth that this board is not, it is not arbitrary
and capricious. I think that you will see that
the people have all done their homework. Their
opinions are founded to the best of their abili-
ty, and we are trying to do everything we can in
picking your brains. I think we are not
so much in discussion; we are trying to feed you
and use you. You have an expertise that is of
value to this board, and if we didn't do it in
whatever manner we could, I think we would be
remiss.
SMITH I'm here to answer any questions. I just feel..
UPHAM Does that answer your question?
SMITH I feel sadly, Mr. Upham, that when Cathy told me
that this was going to be the first evening she
used the new statute, I went, "I don't want to be
in their shoes."
MCGUIRK At what date did RepublicBank first become in-
volved in this property?
SMITH How do you define involved? I'm sorry. Okay.
Originally there was money loaned on this house
on, and let me get you the date of that if you
will wait just a moment, 9/19/84, RepublicBank
loaned money to aid in the construction of this
house. That note was subsequently renewed and
extended 2 or 3 times.
MCGUIRK Three months after the building permit was re-
quested?
SMITH I'm not privy to those dates.
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MCGUIRK Building permit was requested 6/18/84. So, was
this property constructed before a loan was
requested on it?
SMITH Mr. McGuirk, I really can't tell you. All I know
is that we first loaned money on the property on
9/19/84.
UPHAM There was no conditional commitment or anything
of this type prior to that time? This is the
problem that we have in here. I think you see
what I'm getting at. A lot of times a builder
will go to a bank and say, "Hey, I plan to do
this thing over here. If I get all my ducks in a
row, will you finance this?" The company gets
his ducks in a row, took 3 months, 6 months, etc.
SMITH Mr. Welch could probably speak to that better.
He is president of RepublicBank.
HERZIK I don't know where you are going with the dates,
but as I see it, this was filed in 6/84. The
alab must have been poured sometime between 8 and
• 9/84, and RepublicBank lends money on a house
that is in progress.
SMITH I don't know.
HERZIK Well, the minutes from our last meeting, we have
the phone call, well the supposed phone, or
alleged, whatever you want to call it, in mid
August or early September, 1984, which happened
before they entered.
KEE I can only tell you, Mr. Upham, that the two
dates, the record shows when the building permit
was requested in June of that year, the slab
inspection was made in July, and the phone call
came sometime prior to the Certificate of Occu-
pancy. And as I recall, the staff responded
immedately to the phone call.
UPHAM But the slab inspection was made before the loan.
KEE Well, the slab inspection was made July of 1984.
I don't know when the slab was poured.
MCGUIRK When was the decision rendered on the C.O?
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KEE There has been no C.O issued on the property.
MCGUIRK But, when was that - was there a date when that
was dealt with?
KEE There is no date that shows in the record when we
received a call from the neighbor, but we re-
sponded and at that time from what I recollect
the house and the fireplace were there. There
would have been no other inspections made in
terms of zoning until the Certificate of Occu-
pancy unless someone happen to notice something
that was odd or that was wrong between the slab
inspection and the final certificate. Now there
is a framing inspection, of course, made, but
that is out of a different department, and I
don't know...I'm not a building inspector, I
don't know what they might have seen from the
framing inspection.
SMITH Let me just add one thing, Mr. McGuirk. If you
are interested, we took the property back on
November 5, 1984, no, 1985, I sorry.
UPHAM Do you have anything further?
SMITH No.
UPHAM Thank you very much.
Raise you right hand please. Repeat after me. I
solemly swear to tell the truth in these preceed-
ings under the penalty of law?
POTEET I do.
UPHAM Give you name and address, please.
POTEET Donny Poteet, 8605 Rosewood Drive. My question
right now is mainly for Mr. Smith with Republic-
Bank. Mr. Smith, when you loaned interium fi-
nancing, I understood your point about the City
might be at fault in this case in their inspec-
tion. Do you all not send an inspector out as
you all are giving the interium financing funds
to inspect what is being built? It's my opinion.
UPHAM He would have to be sworn in if someone else is
going to answer the question.
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• POTEET Well that's ~ust m
7 y, question to ya'll.
SMITH I'll refer that to Mr. Welch.
UPHAM Mr. Welch will have to be sworn before he can
answer any of the questions.
POTEET Well, that's just my, you know, question to
yau'll, I feel like...
UPHAM I'm going to have to raise a point of order in
here. I'm afraid we are getting a little far
outside of here. You might question the board,
but Mr. Welch has not at this point has been a
witness before. I think we are getting a little
bit, formal is one thing, but this is...
POTEET Well, that's what I'm, and also referring to the
case in Corpus Christi, was that dealing with a
fireplace? It's my understanding that it wasn't
dealing with a fireplace, so how could it have
very much bearing on this case?
UPHAM Well, I think sons and daughters are all children
of parents, and I think all cases are all child-
ren of the law so long that there is a reasonable
blood relationship in construction and building
permits and such things as this. I think it
would be adequate and therefore it would be and
have a reasonable parallel.
HERZIK The issue wasn't fireplaces, it was setback.
POTEET Okay, that's really all I have. It was just
mainly questions.
HERZIK I have a question, same question I asked Mr.
Smith, public interest?
POTEET We feel like it - I know that as far as ourself
and the Jacksons, you know, its protection of our
property rights. You know, again, in the last
hearing I made the case of "aren't these
ordinances to protect us?". I mean, our public
interest is protection of careless builders.
HERZIK That might be the case if you were dealing with
the builder. A third party has assumed this
problem, so how is your property - define your
property rights and how it is being threatened by
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careless builders? RepublicBank is not the
builder.
POTEET Weren't they partner with him? Didn't they lend
him the money?
HERZIK If the dates are correct, they were not partners
when it was built.
POTEET Well, on that, to me that's questionable. You
know, I don't know when--they are saying that
they lent the money in September. I don't feel
like a builder, with my experience with builders
and stuff, very few of them are going to start
building something of that size with their own
money. To me it wouldn't be a wise thing to do.
What if they were to run out of funds and cannot
get financing.
HERZIK The builder cannot obviously be called and
s
tinned. They had this construction foreclosed
upon. All this is somewhat irrelevant. How is
your - you are interpreting the public interest
• from your side not as from the RepublicBank side.
POTEET Right, I feel yes, the do have
Y a hardship.
Maybe it is something they did inherit, but at
the same time, I feel like they could have had as
much prevention in it possibly, had the property
been inspected as it were being built. Isn't
that correct? Wouldn't their inspector know the
ordinances for that area if they are lending
money in that area?
HERZIK I don't know.
ELMORE Would it be possible to swear in Mr. Welch?
UPHAM You're reading my mind. Any other questions,
Mr. Poteet. Thank you very much. Mr. Welch,
would you care to testify in this case?
WELCH Yes.
UPHAM Raise your right hand, please. Repeat after me
.
I solemnly swear to tell the truth at these pro-
ceedings under penalty of law?
WELCH Yes, I do.
- 16 -
UPHAM Would you give your name and address.
WELCH Robert Welch, 20 Greentree Circle, College Sta-
tion.
UPHAM The one question that I see at this point in time
which is apparently germane is whether are not
there was interim financing agreement with this
builder--I may be using the wrong terminology--as
to whether or not there was an agreement with the
bank and if the builder stepped on all the bases
and got everything set up with this that they
would in fact finance this. Was there a prior
agreement of any kind? Maybe that's a better
start. Maybe I should ask the attorney whether I
am asking my question correctly. Thank you very
much, I appreciate your agreeing.
WELCH I'll try to address that as specifically as I
can. There are no two individual cases identi-
cal, obviously. Typically, any agreement to
advance funds by having to borrow from a banking
institution is predicated on appropriate presen-
tation and reasonable request, application, and
~ so forth. The type of advance varies from one
type of loan request to another. Basically, the
bank's obligation is to protect its investment.
Number one, to determine whether it is a reason-
able investment to undergo. The construction of
a luxury home in that market place, one of which
Mr. Lane, in this particular case, had been suc-
cessful in a number of cases in the past, was not
an unreasonable request, in our opinion, in the
market place. We were presented with a set of
plans and drawings under which we could predeter-
mine what the finished product would look like
because as you know, in an interim construction
loan, your loan advances as the house advances.
In this particular case, the bank's position is
that it wants to insure itself that it is pro-
tected from day one of investment of dollars.
That day one of investment of dollars can be
anywhere from the beginning of construction up
until and including the last nail driven in the
hole. There is no obligation to the bank.
UPHAM Or possibly even before that. That was the ques-
tion I had in here, is whether or not the builder
- 17 -
and the bank had an agreement to the point where
I'm going to do this, and I'll go out and step on
all the bases and when I get this done, and I got
everything ready to go, you give me a buck to
start it, and etc., and if this was done prior to
the say the slab inspection, if he received any
money prior to the slab inspection.
WELCH Let me first of all identify what our require-
ments are and I'll try to respond to where I
think you are headed with it, but let me explain
to you where we are under obligation to protect
our depositor's funds and that is once we expend
funds, we do have a set of procedures that re-
quire us to inspect after we have invested
dollars. Let me give you an example, however,
where, and this is a real case example, where
people, builders, have opted to do the best they
can to preserve the interest cost of their funds,
i.e. that they will spend "X" dollars up front,
i.e. they will complete and construct a portion
of a residence, a building, a project before even
requiring an advance from the bank. The bank is
under no obligation to protect its investment
,~ until it has an investment in there. So, the
period of inspection covers the time of invest-
ment of dollars by .the bank. That other thing we
do is insure that when we began investment of
dollars by the bank, that we're protected by
adequate insurance, title insurance, that is the
attorney's responsibility to insure the bank that
before dollar one is expended, that they are
absolutely certain that there is no deviation
that would prevent us from obtaining a valid and
first and enforceable lien on the property. So,
in answer to your question, I can't tell you
that. Well I can tell you that there is no obli-
gation and was no commitment from the bank for
any extended period of time written or otherwise
on a specific dollar amount without the absence
of presentation to us first and foremost of
what's going to be there. The commitment to the
bank, in this particular case, was in the form of
dollars rather than written. There was no prior
loan commitment to this particular builder for
this particular project. Our commitment began
when we advanced dollar one.
UPHAM Can you specify what date that was?
- 18 -
WELCH The date of dollar one advancement?
UPHAM Well, excuse me, we are belaboring this thing.
WELCH Well, I just wanted you to know that
UPHAM Oh, September 19, 1984. Real estate lien note
$256
000
S
,
,
eptember 19, 1984. That answers our
question.
? (unintelligible)
UPHAM I'll take your word for that. Did that get you
the date
you were looking for?
MCGUIRK I was willing to accept it the last time
It
th
.
was
e other date I was looking for. Right up to
the point where
you started considering fore-
closure and up to the
oint
h
p
w
ere C.O. was
not going to be issued. This
was a normal bank
transaction, a typical bank transaction
WELCH .
Typical as t
ypical can be, I would have to
say.
UPHAM Thank you very much, I a
cia
Raise your right hand please
Repeat after me.
I solemnly swea
r to tell the truth in these
preceedings under th
e penalty of the law?
JACKSON I do.
UPHAM Would ou
y give your name and address, please.
JACKSON Jimmy Jackson, 8607 Rosewood Drive. Well
I'll
b
,
e short because we don't want to drag this out
any longer
but I'
,
ve lived on Rosewood for at
least a couple of
years, and I know that there
were RepublicBank of A&M
i
s
gns on these lots all
the way up and down the cul-de-sa
c. So, in that
respect, RepublicBank A&M's sign had been in th
front
e
yard of that property since there were
weeds on it. Number two
I'm
,
surprised that this
has even gone on this far--the fact th
t
a
the
builder did not have the fireplace on his origi-
nal plans t
o me should be enough for the turn
down of this
request. I just don't understand--
if you let this
go on because a third party is
now involved and say well
o
y
u can go out and
- 19 -
build anything as long as the third party comes
in and asks for the zoning variance, well then
you are going to be having problems from here on
out. College Station is well known for having a
set of rules, you follow the rules and things
will be fine. You don't follow the rules, you
will have to adhere to them.
UPHAM Very simply said.
Any further discussion to the board?
MCGUIRK My basic problem, I take it, is your basic pro-
blem. My basic problem, Mr. Wagner, is your
basic problem and that deals with inherited
hardship and I don't think it's inherited. The
reason I don't think it's inherited is because
RepublicBank is not new to construction involve-
ment. They had been involved in this property
for over a year before the issue came to the
point where it had to come here and it is not my
idea of a typical inherited hardship.
WAGNER I don't agree with that, in the sense that, and
there is a certainly no intended culpability by
having a sign on the lot. The problem is that I
can't see a bank of any size during that period
of time going before any body and trying to
determine if all the setbacks are exactly alike.
They depend on the City to do that. They are
assuming that if nothing is wrong, therefore, all
the sets are being met, all the construction
codes are being met, etc... The City has built
in controls for that up to and including the
Certificate of Occupancy. My point is that if it
were the builder wanting his Certificate of
occupancy, I would have absolutely no problem in
turning him away from his door, because I agree
with the last gentlemen here that was here. It
is wrong. It was illegal, and that man is cul-
pable. He knew what he was doing. The bank did
not, does not and cannot be held responsible in
this case because if they tore it down it
wouldn't match, if they took it out of the bed-
room, it would look unsightly, and I see that is
a hardship, and I feel that it is inherited by
them.
- 20 -
MCGUIRK I disagree because, I sympathize with them
but
,
they were involved. I don't think they...
WAGNER Go ahead, please, because I need your argument.
MCGUIRK It does not correspond to what I believe is a
proper interpretation of inherited hardship.
WAGNER I think that's part of my problem as well
I
.
think that this thing is going to take a long and
careful study by me if not everybody else cause
thi
i
s
s horrible.
UPHAM With this being not a typical case, I don't
believe that the board is establishing a prece-
dent so far as setback incurrence even under our
new special situation here per our new ordi-
nance. This is as--yau'll know me, I'm a little
bit hepped on
d
prece
ent in that that's all case
law is and that's the next thing we have to look
at is the law, usually if someone doesn't get
their way and they're capable financially and
otherwise, of pursuing it through law. I'm
beginning to line up here a good bit with Gale on
the situation, that where we have an inherited
situation and we wind up with some reason and
logic, I began to go along with this situation as
not being solely financial. This is the one that
bu
s m
I
h
g
e.
n
erited situation is one thing
and I
,
think we can deal with that.
WAGNER I hope we can.
UPHAM We get back to the point now of having to take
that financial--only began to tear it apart. We
'
haven
t gotten into that one yet. Aesthetics, in
the sale of
'
property--that
s why people buy
property because it is aesthetically appealing to
them. They don't--why, they don't know what
wasn't there, and they don't know what was there,
but if
they walked it and in general said this a
desirabl
i
e p
ece of property, "I think I'll make a
bid on it." Next fellow walk
i
"
s
n and says,
No,
I wouldn't touch it with a ten foot pole." Some-
where along the line you've got to come up with
th
e customers. Somewhere along the line you have
to live within your city. We all have to
I
.
would agree with Gale that the builder would be
sweating blood if he was standing up here, but
- 21 -
that isn't the case, and I guess I've said every-
thing.
WAGNER My problem began with the tennis court case and
the realization that a third party inherited
hardship existed. I think that's what I would
appeal to tonight is that case and then others
including our own that we lost last year for much
the same reason.
UPHAM What's the same reason?
WAGNER Much the same reason in the terms of our inter-
pretation at the time. And it just does not fall
into what's currently going through case law.
UPHAM That's under our own law, in any event, at this
stage, I guess we're ready to converse here...
McGUIRK Are you talking about the case cited against
...with Judge McDonald?
UPHAM No, that is the Cinek case. As far as I'm
concerned the judge didn't read the cotton-
picking transcript.
HERZIK Yeah, unfortunately, perhaps we are bound by
that.
UPHAM We are most certainly bound by that regardless of
the reason, which is what I maybe should have
said first.
HERZIK It seems that case was one of the few times that
on appeal of the City's laW...ZBA'S from what we
see, they lose a lot in trial court and then in
appellate court. And the appellate court says
the trial court has no business substituting
their judgment for ours.
UPHAM When we are on the ground and supposedly doing
the best job we can as lay people. I think we
pretty well covered all the facets of the thing.
I don't think that there is any evidence of any
arbitary. Certainly, anything arbitary or
capricious in what we are trying to do here
certainly is going to have (unintelligible) at
this point in time (unintelliglble).
- 22 -
HERZIK Actually, your questions can help me make up my
mind in the sense that it went in different
directions on how we determine the dates and the
bank took over this after essentially the house
was built and the fireplace in question and the
foundati
on poured. Then you are assuming that
the bank has to b
e smart and ... they are arguing
in a sense that "we didn't know any better and
'
weren
t smart in this case", that's not really
fo
r us to determine, with respect the inherited
hardshi
B
t
h
p.
u
t
ey assumed this hardship after
the fact and without knowledge
in a
,
sense with
good faith that the City had done their job and
the builder was not violating the law
So I
'
.
don
t see where the bank now has become in a
sense culpable.
McGUIRK They are not culpable. They made a mistake.
WAGNER Well, that's not the issue here.
McGUIRK I know it. That's why I'm not bringin
it
g
up.
WAGNER I glad we are not arguing about that.
WAGNER Mr. Chairman, I have a motion,
UPHAM We have a motion. Proceed.
WAGNER I move to authorize the variance to the minimum
setback
Tabl
A
,
e
, from the terms of this
ordinance as it will not b
e contrary to the
public due to the following special conditions:
HERZIK
1. Encroachment onto side setback is minimal in
that the utility easement remains intact, and
2. Fifteen foot separation between structures is
maintained and because a strict enforcement of
the provision of the ordinance would result in
unnecessary hardship to this applicant being that
removal of the fireplace would materially alter
both the interior and exterior appearance of the
structure and such that the spirit of this
ordinance shall be observed and substantial
justice done.
Second.
- 23 -
McGUIRK I have a problem with the second item of your
special conditions....
WAGNER That 15 foot separation. I'm using the City's
jud
ment
h
g
on t
at, that they are not concerned
because the 15 foot
separation, is...
McGUIRK Is that going to cause a problem 10 years from
now when somebody decides to build a building
right up to the side setback? It's not illegal;
it
'
wouldn
t be a problem? I was just curious.
WAGNER It would be illegal.
KEE What?
WAGNER If the 15 foot separation at present is largely
beca
use the buildings are offset, is that
correct? So the 15 feet is measured from the
corner of the fireplace to the corner of the
garage. Is that correct? So as long as that 15
foot
separation is maintained, that's ok
But
.
now if Mr. Poteet wanted to put up a garage
further toward th
e street, namely right on that
setback line, then the 15 fo
t
o
would no longer
exist.
KFE That's exactly the question I suggested to the
Assistant Cit
Att
y
orney. My understanding is
that when the Board
grants variance to the side
setback, they are also granting a variance to
that 15 foot separation; in other words, you
ca
't
n
go back and impose a more stringent on the
adjacent lot...(unintelligible)
WAGNER I would withdraw this motion rather than trying
to amend it. So the motion has been withdrawn.
Is that
correct, Mr. Chairman? May I make a
second motion? I
move to authorize a variance to
the minimum setback, Table A
from th
,
e terms of
the ordinance as it will not be contrary to the
public interest due to the following special con-
dition:
1. Encroachment onto side setback is minimal and
that the utility easement remains in tact, and
because of strict enforcement of the provisions
of the ordinance would result in unnecessary
- 24 -
hardship to this applicant being the removal of
the fireplace would materially alter both the
interior and exterior appearance of the struc-
ture, (it may die of a lack of a second [aside to
ChairJ) and such that the spirit of this ordi-
nance shall be observed and substantial justice
done.
HERZIK Second.
UPHAM Motion made and seconded.
GILMORE In relation to the discussion of the motion, I
still--I cannot get comfortable with the fact
that we're trying to authorize a variance from an
existing law even though, whether it be a third
party or whatever is involved in the situation
.
Basically, to me what our intent is, is to define
what is law is and how it applies to a given
situation. If that, gets overturned, well it
will be overturned, but we have a situation here
where we have somebody in violation of the law
and we have more than one party that objects to
that, that's directly involved in that situation
,
and yet we say, well, we're going to allow this
variance, and we're just going to forget that
this is in violation at this point, and I have
trouble.
WAGNER Mr. Chairman, may I respond to that?
UPHAM You most certainly can, we're in discussion about
it.
WAGNER The closest analogy that I can draw to that would
be the numerous, and I say numerous over a period
of
i
some s
x years, the numerous situations that
have come before the board in the form of Mr. and
Mrs. So-and-So want this property, they cannot
get clear title because the garage corner en-
croaches "x" inches or the apartment house can't
get clear title because title insurance, what-
ever it is, because there is a mistake in the
sense that in that period of building there were
mistakes made, lots of mistakes, little mis-
takes. Now, we never went beyond that individ-
ual's request. I want to buy that house; I
cannot purchase that house without you giving me
a variance. I don't have any idea what happened,
- 25 -
all I know is I'm now told that it sits over the
line by 3 or 4 inches. Now if we knew nothing
obout this property, say that RepublicBank A&M
came in and wanted a variance because of some-
thing they found, to me right now, there is no
difference. They found it. They had nothing to
do with it being there. I agree with you whole-
heartedly if the builder were here requesting a
certificate of...
GILMORE I don't believe that's an issue.
WAGNER It is to me because its wrong.
GILMORE It's not a issue to me.
WAGNER Well good. So that's how I would answer your
question is that we have precedence in the sense
that we have granted a variance repeatedly to
those inadvertent errors in judgment, whether
they were the City's problem or whether they were
some surveyor's problem or a builder's cross-
sightedness. I don't know.
UPHAM I have an amendment here in case anybody has
finished discussion at this point. Amend the
motion to read, "and because of strict enforc-
ment provision of the ordinance would result in
unnecessary hardship to this applicant so that
removal of the fireplace and materials alter both
the exterior and interior appearance of the
structure and that the applicant has inherited a
hardship not of his own making". I'm looking for
a second.
WAGNER Second.
UPHAM I think that amendment would only require a
simple majority, and we will have to have a vote
on that. Is there any further discussion on it?
All in favor of the motion as amended, excuse me,
of the amendment. The amendment passes. (3-2).
(McGuirk & Gilmore against).
Votes on Motion as amended: 3-2 (McGuirk and
Gilmore against).
Motion is denied.
- 26 -
AGBNDA ITEM N0. 5: Consideration of a request for variance to
front and rear setback requireaents (Ord. No. 1638 Table A) at
the single family residence at 802 Woodland Parkway. Applicant
is Ernest & Jayne Goetz.
Zoning Official Kee explained the request, furnishing the information that the request
is made by the property owners, Ernest and Jayne Goetz, for a variance to. front and
rear setback requirements to enable them to create additional living space in their
existing home by enclosing and enlarging the existing garage. She explained that the
attached garage is currently conforming with a rear setback of at least 20 feet which is
required for garages, but upon converting a garage to living quarters, the minimum
setback becomes 25 feet, and this garage encroaches that setback by 2.7 feet, thus
this request for variance to the rear setback requirements. The applicant also wishes
to expand the converted area to the front, which will cause it to encroach the
required 25 foot front setback by 3.8 feet. She pointed out the closest adjacent
structures are a residence 50 feet to the rear and residences 40 feet to each side,
adding that this home is on an unpaved portion of Woodland Parkway, and that there is
a park across the road from this residence.
Mrs. Kee explained that staff sees alternatives as being to leave the structure as it
exists now or to reduce the size of the converted area to eliminate front and/or rear
encroachments. Mrs. Kee reminded the Board that the revised zoning ordinance now
gives the ZBA the power to authorize upon appeal variances of the yard, lot width, lot
depth, signs, minimum setback, off-street parking or off-street loading regulations
from the terms of the ordinance as will not be contrary to the public interest, where
owing to special conditions, a literal enforcement of the provisions of the ordinances
will result in unnecessary hardship, and so that the spirit of the ordinance shall be
observed and substantial justice done, adding that the applicant no longer is required
to show unique and special conditions of the land not normally found in like districts
in order to have a variance granted as was previously required under the old zoning
ordinance. She the informed the Board that on 1-22-85 a variance was granted to rear
setback requirements at 800 Woodland Parkway to allow expansion of an existing
structure by that property owner.
Ernest Goetz, applicant and owner of the residence at 802 Woodland Parkway was sworn
in and stated that his family has lived in this older home for seven years, and with
the additional children in the family they believe more living space is required, so
they have drawn up plans for this expansion which would maintain both the integrity
of the neighborhood as well as the property value of this home. He added that the
garage is adequate as a garage, but would be in violation of ordinances if converted
to additional living space. He explained that there seems to be no alternative means
of adding living space to this home which do not involve a variance from the
ordinance and/or removal of established trees since this home is in one of the older
neighborhoods in the city and the lot was platted and the structure erected before
current zoning ordinances were in effect. He added that the lot is irregularly
shaped, as are other lots in this neighborhood, and the position of the existing
structure on the lot leaves little or no clearance between the existing structure and
front and rear setbacks. He then passed around photos of his lot/home and discussed
them with the Board.
Mr. Upham stated that this is one of the few places in the city where houses face a
creek and a park, and because of that fact, and the fact that the home is in an alder
area of the city with homes 25-30 years old, he does not have a problem with this
variance request, as it does parallel the previous case considered and granted in
1985 right next door on Woodland Parkway.
Mr. McGuirk questioned the location of the rods in the ground and the corners or the
property shown on the survey (on paper), and indicated there seems to be a
discrepancy. Mrs. Kee stated that the city accepts a stamped survey as factual, but
added that there is some right-of-way on both sides of Woodland Parkway which might
affect visual observation of the rods in the ground, but added additionally that she
does not know off-hand the width of that right-of-way.
Mr. McGuirk then stated that essentially he agrees with the Chair about this variance
request, but has one question, that being just how essential is the addition to the
front of the house. Mr. Goetz referred to the floor plans furnished in the packets
and stated that this plan helps the traffic pattern within the house, and further
that the extension to the front would match the existing extension of the master
bedroom. He added that he has been told that if a garage which is converted to
living quarters still looks like a garage from the outside, it tends to detract from
the property and the neighborhood, and this addition to the front would help enhance
rather than detract from the neighborhood. He informed the Board that he has
plans to remove enough of the existing driveway to plant shrubs.
T. David Chinn, 1214 Munson was sworn in and stated that he is a neighbor of this
applicant, and as a resident of the neighborhood, he does not object to this request
as it is only a minor encroachment, and further, that he would like to commend Mr.
Goetz for planning to improve and expand his property so he can stay in the
neighborhood. He went on the explain that he is an engineer with a local engineering
firm, and that he believes there is a 50 foot right-of-way along this section of
Woodland Parkway, but that it is an unclear street, and a difficult area to work in
as it is a very old neighborhood exemplified by his home which is more than 45 years
old.
'`~ Mr. Herzik made a motion to authorize a variance to the minimum setback (Table A)
from the terms of this ordinance as it will not be contrary to the public interest
due to the following special conditions: The position of the house on the lot and
the existing floor plan, and because a strict enforcement of the provisions of the
ordinance would result in unnecessary hardship to this applicant being reduced
suitability of the living space, and such that the spirit of the ordinance shall be
observed and substantial justice done. Mr. Wagner seconded the motion. Mr. McGuirk
asked if the variance covers both front and rear setbacks and Mr. Upham said the
motion to authorize the variance covers the variance as requested on the application.
Votes were cast on the motion to approve the variances to front and rear setbacks as
shown on the application, and the motion carried unanimously (5-0).
AGBNDA ITBM N0. 6: Other business.
Mr. Wagner referred to the tabled motion regarding a request for variance to the
parking requirements for a restaurant at 315 University (applicant John J.
Loffarelli), and made a motion to take this motion from its tabled position. Mr.
McGuirk seconded the motion. Votes were cast and the motion carried (4-1) with Mr.
Herzik voting against the motion.
Mrs. Kee explained that staff had not included this item on the agenda for
reconsideration at this meeting because a new ordinance had been approved since the
last meeting, and if Mr. Loffarelli would approach staff with the same request as was
previously tabled, he may or may not require a variance, depending upon his site plan
and the recommendations of the P.R.C. She added that she had had no contact with Mr.
Loffarelli since the last meeting at which time his request was tabled.
Mr. McGuirk asked if this Board would still be in a position to rule against P.R.C.
recommendations with the new zoning ordinance and Mrs. Kee explained the new section
of the zoning ordinance which covers the Northgate area, adding that she would have
to further confer with the Legal Department regarding appeals to P&Z decisions.
Mr. Wagner stated that he would make a motion to drop this item from the record. Mr.
McGuirk seconded the motion which carried by a vote of 4-0-1 (Herzik abstained).
Mrs. Kee then announced that the next meeting would be on May 20th if any
applications come in.
AaBBiDA IT$M N0. 7: Adjourn.
Mr. Wagner made a motion to adjourn with Mr. McGuirk seconding. Motion carried
unanimously (5-0).
APPROVED:
airm n,
ATTEST:
----------------------------
City Secretary, Dian Jones
THESE MINUTES WERE APPROVED AS TO FORM ONLY - LACK OF QUORUM TO VOTE ON CONTENT.
ZONING BOARD OF ADJUSTMENT
GUEST REGISTER
DATE April 1, 1986
NAME ADDRESS
z . `~~,'H~/N N 1214-- Mvn son , C. S .
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4 . _ !' ~~'~ ~' c~ 2 ~ oo ~4 P
s • ~~C~ '~
6. ~ G~~..
7.
8.
9•
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
ZONING BOARD OF ADJUSTMENT
FORMAT FOR POSITIVE MOTION
Variances: From Section 15 -
I move to authorize a variance to the
yard (6-G)
lot width (Table A)
lot depth (Table A)
~---s--i-gn regulations
minimum setback (Table A)
parking requirements (Section 9)
from the terms of this ordinance as it will not be contrary to the public
interest, due to the following special conditions;
C
6.
and because a strict enforcement of the provisions of the Ordinance
would result in unne~ssary hardsh~p~to this applicant being: ~t .
,~
_~
~n~suc`~i thatV they sp i'r i~t~bf~~~~rd i nan ~evs~ia l 1 be o~se~ve
justice donee
1.
s uV~s t>~ n E i ~a
2. u -
3.
4.
-d-~~
'%~/'~,.
~'~~'
This motion was de bye ~v ( 1 ,]`~ '~~
Seconded by ate
,~. ran y the fol
l
ow
ing vote: ' '
-' ~~ ~
i
~
~~'~~_?'~~ air Sig ture
5.
ZONING BOARD OF ADJUSTMENT
FORMAT FOR POSITIVE MOTION
Variances: From Section 15
1 move to authorize a variance to the
yard (6-G)
lot width (Table A)
lot depth (Table A)
sign regulations. -
,.
~_minimum setback (Table A)
parking requirements (Section q)
from the terms of this ordinance as it will not be contrary to the public
interest, due to the following special conditions:
i ~ I
~ l
2.
3•
4.
5 , - _.
6.
and because a strict enforcement of the provisions of the Ordinance
would reQsult in unnecessar~~yL hardship to this applicant being:
~. ~ +.! C! . / d S In t ~ ~ i ~. t ~~ ~l ~_ ~ 1. ~ ~ ~ ti `) i/ G. ~.C.i
and such that the spirit of this Ordinance shall be observed and substantial.
justice done, subject to the following limitations:
1.
2.
3.
4.
This motion was mad by _~r!c ~,/ZI~
Seconded by ~ Date
The variance was gra by the following vote: ~; - p
it is to
MINUTES
CITY OF COLLEGE STATION, TEXAS
Zoning Board of Adjustment
April 1, 1986
7:00 P.M.
MEMBERS PRESENT: Chairman Upham, Members Wagner, McGuirk, Herzik
and Alternate Member Gilmore.
MEMBERS ABSENT: Member Meyer and Alternate Member Swoboda
STAFF PRESENT: Zoning Official Kee, Assistant City Attorney
Elmore, Assistant Zoning Official Johnson and
Planning Technician Volk
AGBNDA ITBM N0. 1: Call to order - explanation of functions and
limitations of Board.
Chairman Upham called the meeting to order and explained the functions and limitations
of the Board.
AGBNDA ITBM N0. 2: Hear visitors.
No one spoke.
AGBNDA ITBM N0. 3: Approval of Minutes - meeting of February 18,
1986.
Mr. Herzik made a motion to approve the minutes as presented; Mr. McGuirk seconded the
motion which carried unanimously (5-0).
AGBNDA ITBM N0. 4: Consideration of a request for variance to
side setback requirement (Ord. No. 1638 Table A) at the single
family residence at 8603 Rosewood Drive. Applicant is
RepublicBank A&M.
Due to the reference made at this meeting by the applicant to a law suit which was
filed following denial of the request for variance made on February 18, 1986, a
complete transcript of the recording of this item has been made and included as the
minutes and are attached.