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HomeMy WebLinkAbout06/20/1989 - Regular Minutes - Zoning Board of Adjustments~1 MINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment June 20, 1989 ?:00 P.M. MEMBERS PRESENT: Chairman Ruesink, Members Gilmore & Henry, Alternate Members Garrett & Baker, and Council Liaison Birdwell MEMBERS ABSENT: Members Thompson & Gentry STAFF PRESENT: Senior Planner Kee, Assistant City Attorney Banks and Planning Technician Volk AQBADA I?BM pO. 1: Call to order - explanation of functions and limitations of the Board.. Mr. Ruesink called the meeting to order and explained the functions and limitations of the Board. ABBNDA ITBM NO. 2: Approval of minutes - meeting of Jnne 6, 1989. • Mr. Gilmore made a motion to approve the minutes as submitted. Mr. Henry seconded the motion which carried unanimously (5-0}. AaBNDA ITBM AO. 3: Hear visitors. No one spoke. AQBNDA ITBM HO. 4: Consideration of a request for a variance to the rear setback requirements at the residence at 1800 Shadouxood. Applicaats/o~rners are Sam h Janice Nood. Mrs. Kee explained the request, described the area and subject groperty and made a slide presentation which included photos of the subject structure, other structures on the lot and the areas and lots adjacent to the creek and subject lot. She reported that required rear setbacks for structures with living quarters are 25 feet and Mr. Wood's structure is now 10.5 feet from the rear property line. She then gave a report on the history of the subject structure stating that old Building Permit records show that in 1970 a Building Permit was issued for an 800 square foot structure to be located 30 feet from the property line, and staff has speculated that the location was changed by the builder after the permit was issued perhaps to avoid destruction of a cluster of trees, since it is located only 10.5 feet from the rear property line. She then reported that staff has received 3 responses from area property owners who had received notification of this request, but sll three were more in the nature of inquiries rather than expressing an opinion either for or against the request. • Mr. Henry asked if the structure was built at the same time the residence was built and Mrs. Kee replied that she does not have that information, but the subject structure was permitted in 1970. • The applicant, Sam Wood came forward and identified himself and was sworn in. He stated that he,snd his wife had purchased this residence 8 years ago, and at the time of the purchase it was discovered the accessory structure encroached an easement. He stated that at that time, he had no plans to change the use of the structure, so it was deemed to be no problem. Since then, his son has become a college student, entering graduate school and he has decided he wants to come home to live. The plans are now to convert that storage building into a small living quarter for him, and to have the building available for use by elderly in-laws after his son finishes graduate school. Mr. Wood said that of the 6 adjacent neighbors he had talked to about his plans, only 3 were even aware of the existence of the building because the creek is so densely wooded and the general area is so isolated. He went on to say that apparently the house was built and then the accessory structure was built shortly after that, and he thinks that building was moved back from the original plans to save a grove of trees. Mrs. Baker asked if the building now has water and electricity and Mr. Wood replied that it does, but a sewer line will have to be added. He went on to describe the building as having a cement floor, a new roof, and plans are to add a few partitions and an HVAC system. He stated the exterior will not be changed except perhaps to add some windows and exchange the front door for one more attractive. Mr. Henry asked if the building is located within the limits of the flood plain. Mrs. Kee replied that it designated as being in Zone B, which is described in the staff report, and would not require the elevation of the slab. She reminded the • Board that the rear of this lot drops off to a steep slope toward the creek. Mr. Wood stated that the building already sets up very high and in the S years he has lived there, he has never had a water problem, and in fact, the water has never come near the building. Mr. Garrett advised Mr. Wood that if this variance, and the required license to encroach are both granted, it would be wise to keep any electronic equipment off the floor even though there is no past history of water problems. Mr. Gilmore then 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 building has existed for approximately 19 years without problems, and cannot be utilized without improvements, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being the inability to fully utilize the building on the property, and such that the spirit of this ordinance shall be observed and substantial justice done. The motion was seconded by Mrs. Baker and carried unanimously (5-0). eaBrroe IlBM pO. 5: Other basiness. Mr. Wood came forward and stated that he wanted the record to reflect that it has been a pleasure to work with the City staff; that each one he has come into contact with has been helpful in every way and has totally eliminated all the frustrations he might have had without the help. He thanked them for their help. • Mr. Henry agreed that this City staff is particularly helpful to any citizen who comes to them with questions or problems. ZBA Minutes 6-20-89 Page 2 Mrs. Hee reminded the Board they had chosen June 27th for a special meeting to hear 2 requests. • Mrs. Volk announced the swearing in of new members would take place on the 27th of June. AGBNDA I?B!! A0. 6: Ad3ourn. There was no other business, so Mr. Gilmore moved for adjournment. Mr. Henry seconded the motion which carried unanimously. ATTEST: ------------------------------ Dian Jones, City Secretary • APPROVED: ZBA Minutes 6-20-89 Page 3 1800 Shadowwood • ZONING BOARD OF ADJUSTMENT FORMAT FOR POSITIVB MOTION Variances from Section 15 Ordinance 1638 I move to authorize a variance to the ________yard (Section 8.7) lot width (Table A) ________lot depth (Table A) ___~ ___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: ~ ~-L~'=`~-- - - -------------------------------------------------------------------- and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to th/is ap/plicant be,/in~g:~ and such that the spirit of this ordinance shall be observed and substantial justice donee i_..,~ - ------ M o t i o n made b y __~ ~~~ _t~-~ -_ D a t e ~ ~d'~ Z '-~ ,,; ~. ,, Seconded by _ __ ' ~'_~~.~~ f"~ _ __ _ ~_~~___ Voting Results __? _O_____ Chair signature Q~ C ZONING BOARD OF ADJUSTMENT GUEST REGISTER i• • ~1 ~J DATE June 20, 198 NAME ADDRESS 1. 2. 3. 4. 5. 6. 7. 8. 9. lo. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.