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HomeMy WebLinkAbout03/06/1990 - Regular Minutes - Zoning Board of Adjustments• MINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment March 6, 1990 7:00 P.M. MEMBERS PRESENT: Chairman Ruesink, Member Henry, Alternate Member Gaston, and Newly Appointed Alternate Member Kennady. MEMBERS ABSENT: Vice Chairman Gilmore, Members Baker and Cronan, Alternate Members Phinney and Webb. STAFF PRESENT: Senior Planner Kee, Assistant Planner Kuenzel, Assistant City Attorney Banks, and Planning Technician Rosier. AGENDA ITEM NO. 1: Call to Order - explanation of functions and limitations of the Board. Chairman Ruesink called the meeting to order. He explained the functions and limitations of the Board. • ~ AGENDA ITEM NO. 2: Administration of Oath of Office to newly appointed Alternate Members of the Zoning Board of Adjustment. Mayor Ringer administered the Oath of Office to Hubbard Kennady. AGENDA ITEM NO. 3: Approval of minutes - meeting of February 13, 1990. Mr. Gaston made a motion to approve the minutes as submitted. Mr. Henry seconded the motion which carried unanimously. (4-0) AGENDA ITEM NO. 4: Consideration of a request for a variance to the rear setback regulations at 1600 George Bush Drive (formerly known as Jersey). Applicants are Mr. and Mrs. Homer B. Covington. Assistant Planner Kuenzel presented the staff report. She explained that the purpose of request for a four foot variance is to allow for construction of a two car garage and hobby area. She stated that the required setback for garages and carports is 20 feet. She said that the proposed setback is 16 feet. • Kuenzel stated that the house was built in 1961. She presented the lot dimensions and explained that a 20 foot utility easement exists along the rear property line. She said that the only alternative would be to build a smaller garage. Kuenzel pointed out that because this is a corner lot, the applicant's rear property line is adjacent to the neighbor's side property line. Chairman Ruesink asked if the Zoning Ordinance permitted a hobby area to be added to the structure with only a 15' setback required, while a garage has a required setback of 20 feet. Ms. Kuenzel said that his understanding is correct as the Zoning Ordinance is written. Mr. Henry asked where the 16' proposed setback is measured. Ms. Kee said that it is measured from the property line, and 10 feet of the utility easement is included in the 16 feet. Chairman Ruesink referred to one of the slides and asked the distance between the neighbor's property line and the . applicant's house. Ms. Kee estimated it to be approximately 25 feet. Mr. Gaston asked what the original garage, which has been enclosed, is being used for. Ms. Kuenzel said that it is currently used as living quarters. Since there were no other questions of staff, the applicant's representative, Monty Treuchman of 205 Fidelity, came forward and was sworn in. He explained that the Covingtons have basically three reasons for requesting this variance: - Their disabilities due to loss of hearing and arthritis. - Need for a safe parking area. - Inability to park in front of the house due to the designated bike lane on George Bush Drive. Chairman Ruesink asked if the Covingtons are the original owners of the house. Mr. Treuchman said that they are the original owners, since . 1961. ZBA minutes 3-6-90 page 2 Mr. Gaston asked if the original enclosure of the garage was permitted through the Building Department. Mr. Treuchman said that he did not know and referred the question to the applicants who were in the audience. Mrs. Covington said that she believed that they took out a permit but could not remember. She explained that the original garage was enclosed while her son was in high school. She said that he built "pipe organs". She also said that they would hate to lose that room because it holds so many family memories. Mr. Treuchman wanted to clarify one item from the staff report. He said that the distance from the property line to the other structure shown on one of the slides, is approximately 25-30 feet. Mr. Gaston remarked that he thought that the "hobby use" stipulations in the Zoning Ordinance are peculiar. He asked if the applicant's hobby was the building of "pipe organs", as previously mentioned. Mrs. Covington of 1600 George Bush Drive (1600 Jersey) came forward and was sworn in. She explained that the original garage was used for her son to build "pipe organs". She said that she and her husband had contemplated moving but were reluctant because they have lived in College Station for many years and they like their neighbors. She said that she and her husband are 71 & 76 years old respectively. She said that her son had concerns for their safety and wanted them to build the garage with an electric garage door opener. Mr. Gaston asked what hobbies will be conducted in the new hobby structure. Mrs. Covington said that she is the trustee of an estate and this space will serve as her office. Mrs. C. H. Godfrey of 103 Redmond came forward and was sworn in. She stated that she lives next door to the Covingtons. She said that the Covingtons have always been wonderful neighbors and hopes they will be allowed to build the garage so they can continue to be neighbors. Mr. Henry said that he believes that the inability to park on George Bush Drive is a real problem for the applicant. ZBA minutes 3-6-90 page 3 Mr. Gaston asked if staff has had any response from the property owner across the street on Redmond. Sabine said that we sent out 16 notifications and have received 3 responses to date, all in favor of the request. Mrs. Godfrey said that her son, Larry Godfrey, owned that property and is in approval of this request. Mr. Henry made a motion to authorize a variance to the minimum rear setback of 20 feet from the terms of this ordinance as it will not be contrary to the public interest, due to the following special conditions: location of proposed additions will leave required distance between adjoining home structure and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: protection for health/safety reasons. Mr. Gaston seconded the motion which carried unanimously in a vote of 4-0. AGENDA ITEM NO. 5: Consideration of a request for a variance to the side street setback regulations at 1200 Haley Place. Applicants are Timothy C. and Marion L. Jones. Senior Planner Kee presented the staff report which was accompanied by slides of the subject property. She explained the purpose of the request which is to allow for an addition to the main structure. She stated the current zoning and land use of the subject property and surrounding properties as R-1 Single Family Residential. She referred to the survey to explain the lot dimensions, noting the curvature of Haddox Court toward the rear of the property. She said that a 10' utility easement exists along the rear property line. Ms. Kee stated that the required setback is 15' to the side street line. She said that the applicant is proposing a 14' setback from the southeast corner of the proposed addition to the side street lot line. She further explained that the proposal is conforming to a certain distance and then requires a variance due to the curve of the street as previously mentioned. Ms. Kee said that there were no alternatives other than to move the proposed wall away from the setback line. She pointed out that this option would not allow the addition to be as large as a straight line setback would have permitted. ZBA minutes 3-6-90 page 4 Mr. Gaston asked how much will be an encroachment into the setback. Ms. Kee said that the amount would be close to 1 foot. Tim Jones of 1200 Haley came forward and was sworn in. Referring to the applicant, he explained the care with which this addition will be built. (ie: matching bricks and shingles) He said that he consulted his immediate neighbors and found no objections to his request. Mr. Jones said that to the best of his ability he finds the encroachment to be close to 12". He asked the Board for some leeway in this measurement if they grant his request. Mr. Henry asked the dimensions of the addition. Mr. Jones said that it is 372 square feet. Mr. Henry said that he had no problems with granting a variance of up to 1.5 feet to provide leeway, depending on the survey results. Mr. Gaston made a motion to authorize a variance to the minimum side street setback from the terms of this ordinance as it will not be contrary to the public interest, due to _, the following special conditions: the shape of the lot is unique to the street curvature and because a strict i enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: a redesign of the proposed addition not in line with the house facade, and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: no greater than 18" encroachment. Mr. Henry seconded the motion which carried unanimously in a vote of 4-0. APPROVED: {~~ C .l,l.D ` Chairman, David Ruesink ATTEST: City Secretary, Connie Hooks • ZBA minutes 3-6-90 page 5