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HomeMy WebLinkAbout08/07/1990 - Regular Minutes - Zoning Board of Adjustments• AMENDED AGENDA CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment August 7, 1990 7:00 P.M. • • 1. Election of a Chairman and a Vice Chairman for the Zoning Board of Adjustment. 2. Administration of Oath of Office for newly appointed Board members. 3. Call to Order - explanation of functions and limitations of the Board. 4. Approval of Minutes - meeting of July 17, 1990. 5. Consideration of a request for a rear setback variance at 2901 Jennifer Drive. Application is in the name of Philip and Sandra Yasskin. 6. Other Business. 7. Adjourn Zoning board of adjustment, regard to the zoning variance request by Philip B. and Sandra A. Yasskin for the property at 2901 Jemifer Dr., College Station. The undersigned feel that you should approve this request for the following reasons: 1.The addition wilt conform to the style of the existing house. 2.The addition will be enclosed in a privacy fence and will not be visible from the street. 3.The Yasskins have just had a new baby and need a new bedroom for the baby. 4.We do not believe that there will be a domino effect of additional variances, and feet that each property owner should be granted a variance when there is sufficient cause. Sincerel ,q ~~a~ ~~~~ ~~~ ~~~~ ~ ~~SI~ ~e,~.,~~'er~Cr~~~ ,~ ~~ ~~ ~.~~-- ~- ~~~~ LJ ZONING BOARD OF ADJUSTMENT MAT FOR POSITIVE 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: -------------------------------------------------------------------- and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being: ~On~~` kPPL~cAty\ C^ ~c~y6~nr~' --------------------------------------------------------------------- ~"}-, -------------------------------------------------------------------- and such that the spirit of this ordinance shall be observed and substantial justice done subject to the following limitations: ----------- ~ f19 ~ ~~;; N ~_-__ `' r ~'µ c ~L ~-`_--~~ `--- ~'-°NF ~e..+-i.~~__~+4!~_~iD1~1_~Dis~1_~ -----------~.~fild-~-~-_u°:~5"'~,.~/1y_-~.,~p-`a_~__~vjp_t'17_ ~~~ ~_~.~-?DL~IJC? ~~'~`n'l~__ Motion made by _ L~_I-~. t~`yvrJa`~_ _______ Date _'~~~7 ~? - - -------- Seconded by __~,-,~t~~_wp4 ___(3~t-~- ~y!~-_________ Voting Results 5 ,--' pair signature -- - --- -- -------------------------- • MINUTES CITY OF COLLEGE STATION, TEXAS Zoning Boazd of Adjustment August 7, 1990 7:00 P.M. MEMBERS PRESENT: Henry, Baker, Yarbrough, Lane and Alternate Member Kennady (Newly Appointed Alternate Member DeOtte was in the audience). MEMBERS ABSENT: Cronan. STAFF PRESENT: Senior Planner Kee, Assistant Planner Kuenzel, and Planning Technician Rosier. AGENDA 1TEM NO. 1: Call to Order - ezplanation of fiuictions and limitations of the Board. Acting Chairman Henry called the meeting to order. AGENDA ITEM NO. 8: IIection of chairman and vice chairman for the Board. Mr. Lane made a motion to elect Brett Henry as Chairman and Glenda Baker as Vice Chairman for the Zoning Board of Adjustment. Ms. Baker seconded the motion which carried unanimously. (5-0) • AGENDA ITEM NO. 3: Administration of oath of Office for newly appointed Board members. Deborah Williams, Administrative Secretary for Development Services and Notary Public, administered the Oath of Office to Robert DeOtte, the newly appointed Alternate Member. AGENDA ITEM N0.4: Approval of Mumtes -meeting of July 17, 1990. Chairman Henry pointed out the misspellings of "Yarbrough" and "DeOtte". Ms. Baker made a motion to approve the minutes. Ms. Yarbrough seconded the motion which carried unanimously. (5-0) AGENDA ITEM NO. S: Consideration of a request for a rear setback variance at 2901 Jennifer Drive. Application is in the name of PhSip and Sandra Yasskin. Assistant Planner Kuenzel presented the staff report. She said that the request for a variance to the 25' rear setback regulation has been reduced from the previously requested 16.3' to a 20' setback. She said that the special conditions as cited by Mr. Yasskin have to do with the way the house is situated on the lot. "The house is situated on he lot 31' from the rear property line and 28' from the front property line. This makes it impossible to build a useful addition on either the front or the back of the house within the zoned setbacks." Ms. Kuenzel showed slides of the site and explained the chart which was prepared at the request of Mr. Yasskin. She also explained the area map containing "+" and "-". The "+" represents neighbors in favor of this request. The "-" represents those in opposition to this request. • r~ • Chairman Henry said that the Board must determine if the lot is unique enough to be considered a special condition. Mr. Yasskin said that he did not receive the variance before due in part to the amount he was asking. He said that this is a sort of compromise because he is only asking for a 5' variance and because of there is less opposition from neighbors. He said that his family needs this additional bedroom and cannot build it on the front of the house due to a Post Oak tree which they would hate to lose. Mr. Yasskin said that they have rearranged the design to allow an 11'addition instead of a 15' addition. He cited the following reasons why the Board should grant the variance: 1. R-1 allows 8 units per acre -this proposal will not change the number of units. 2. In this zoning district, a 20' setback is permitted for a carport. Therefore, this request could be considered a change in use. (Instead of a carport, additional living space.) 3. Size of the lot. (House positioned in such a way that almost any addition will require a variance). 4. An R-lA zoning district would have allowed this setback. 5. The addition will be in harmony with the rest of the structure. (House will be re-roofed after addition is built, enhancing overall conformity). 6. The addition will not be visible from the front of the house because the backyard is enclosed by a privacy fence. 7. Some neighbors would like to keep homeowners in the neighborhood rather than renters. 8. Spoke to all 8 households which originally opposed the request, 3.5 changed their minds. Total households in favor of the request = 16. Total households in opposition to the request = 5. (The .5 was included because the renter of the house directly behind the Yasskin's was in favor but the owner was opposed to the request.) Mr. Yasskin said that he spoke to the owner of the house behind his who lives in Colorado and invited her to send someone to look at the backyard. He said that he believed her opposition was due to a lack of knowledge. Other opposition he cited was due to the fear of a "domino effect" which would cause a decline in property values. NIr. Yasskin presented a letter from Christina Huber a new home owner in the area who did not receive a letter from the City because the tax rolls still listed the previous owner who expressed opposition. Mr. Yasskin preceded to read the letters which had already been included in the Board members packets. When he had finished, Mr. Henry asked if there were any questions for Mr. Yasskin. Mr. Kennady asked if the Board had been satisfied that the quality of the addition will be consistent with the rest of the house. There seemed to be consensus that Mr. Yasskin had satisfied the Board. Since there were no other questions, Mr. Henry asked for visitors. 1Vlr. Alderson of 2905 Adrienne came forward. He expressed extreme irritation that 1VIr. Yasskin had visited his home after the last meeting. He said was not particularly opposed to the request. He pointed out that he was trying to offer input. He explained the depressed real estate value in Southwood VaAey. He believed that this situation would only be worsened by loosened zoning restrictions. Mr. Alderson added that since Mr. Yasskin has only 3 members in his family, he believes that they can make it in the house as it is now. ZBA minutes 8-?-90 page 2 • Next, Cazl Goldapp of 2908 Adrienne came forward. He analyzed the chart which was prepazed by staff. From his perspective, 18% of the neighborhood is in the same situation as Mr. Yasskin. Thus, his situation is not unique. Mr. Goldapp also said that he has seen no plans to ease his previous concerns. He then read part of the letters which were in opposition to the request. He also pointed out the Board's responsibilities based on the criteria requested on the application for Boazd consideration. Goldapp said that at the last meeting, the Board seemed to be looking for alternatives to granting a variance. He came up with the following choices: 1. Convert the garage to living space. 2. Make the reaz addition smaller. 3. Add to the reaz and convert some of the garage. 4. Make small additions to the front and to the rear. Mr. Goldapp said that he talked with constructors about the various combinations and possible squaze footage which could be obtained. He said that Mr. Yasskin would have to hire an architect. He pointed out that all of this could be done without a variance. He said that a variance cannot be based solely on a financial hardship. Goldapp said that he favors strict zoning enforcement. Chairman Henry said that other than hardships, special conditions must also be considered, such as the placement of the house on the lot. Vice Chairman Baker expressed concern for the appearance of the addition. Mr. Yasskin said that the other options presented by Mr. Goldapp are more detrimental to the aesthetics. He also voiced concern for the Post Oak in the front yazd which would be lost if the addition were made to the front. • Mr. Kennady said that he believed that the addition would improve the property value. Mrs. Yasskin said that she and her husband agreed with Mr. Kennady. She said that a real estate agent told them that losing the garage to living space would decrease the property's value.. Mrs. Yasskin further explained that those persons opposing the request have not even seen their backyard. She said that not all variances are bad. Mr. Henry said that the Board would be concerned about the size of the addition, its aesthetic appeal, and compliance with Building Codes. Mr. Yasskin assured the Board of his intentions. Mr. Alderson said that he did not feel any obligation to look at Mr. Yasskin's backyard in order to state his opinion. Mr. Kennady told Mr. Alderson that his opinion was valued by the Board, whatever their decision might be. Mr. Goldapp said that he had looked at the Yasskin's house, both front and back. He said that he had done his homework and offered options. He said very simply that Mr. Yasskin must hire an architect. Chairman Henry said that Mr. Goldapp had stated his case very well. Mrs. Yasskin said that the hardship would not be solely financial. She said that she and her husband do not want to move. They like where they live and the schools • their children will attend. ZBA minutes 8-7-90 page 3 Mr. Kennady made a motion to "authorize a variance to the minimum setback regulations (granting the rear setback to be 20 foot) from the terms of this ordinance as it will not be contrary to the public interest, due to the special condition that it creates a special hardship to this applicant being: it forces the applicant to consider moving from their home, and such that the spirit of thLS ordinance shall be observed and substantial justice done, subject to the following limitation: additional structure be constructed in compliance with City Codes." Ms. Baker seconded the motion. Mr. Lane made a motion to amend the motion to add that "the addition be conformed harmoniously with existing home and to surrounding homes." Ms. Baker still seconded the motion which carried unanimously 5-0. Mr. Kennady thanked Mr. Alderson and Mr. Goldapp for their input. Chairman Henry said that the Board does not usually hear any comments from neighbors either in favor of a request or in opposition to a request. He also appreciated their comments. AGENDA ITEM NO. 6: Other Busixiees. Ms. Kee said that staff is considering August 30th or September 11th for a legal workshop for the ZBA She said that we wanted the Board to select one of those dates and times. She said that we could start the workshop at 5:30 P.M. and serve sandwiches. Mr. Henry thought that the workshop was a good idea. • September 11, at 5:30 seemed acceptable to most of the Board members. AGENDA ITEM NO. T: Adjourn. Ms. Yarbrough made a motion to adjourn. Ms. Baker seconded the motion and the meeting was adjourned. APP VE au-man, rett ry ATTEST: City Secretary, Connie Hooks r~ u ZBA minutes 8-7-90 page 4 ZONING BARD OF ADJUSTMENT GUEST REGISTER • DATE A 1990 ugust 7, NAME 1 ADDRESS . 2. 3• 4. 5. 6. 7. 8. 9• 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25.