Loading...
HomeMy WebLinkAbout09/18/1990 - Regular Minutes - Zoning Board of Adjustments• MINUTES CITY OF COLLEGE STATION, TEXAS Zoning Board of Adjustment September 18, 1990 7:00 P.M. MEMBERS PRESENT: Chairman Henry, Members Cronan, Lane, and Yarbrough. (Council Liaison Gardner was in the audience). MEMBERS ABSENT: Vice Chairman Baker and all Alternate Members. STAFF PRESENT: Senior Planner Kee, Assistant Planner Kuenzel, Assistant City Attorney Cotes, and Planning Technician Rosier. AGENDA I'IB1VI NO. 1: Call to Order -explanation of functions and limitations of the Board. Chairman Henry called the meeting to order and opened the public hearing. He explained the functions and limitations of the Board. AGENDA ITEM N0.2: Approval of minutes -Meeting of August 21, 1990 8t Workshop Meeting of September 11, 1990. Council Liaison Gardner requested that the minutes be corrected to reflect his presence at the meeting of 8-21-90. 1VIs. Yarbrough made a motion to approve the minutes with the noted correction. Mr. Lane seconded the motion which carried unanimously (4-0). • AGENDA ITISM NO. 3: Consideration of a request for a side setback variance at 8715 Bent Tree. Application is in the name of Paul Atkinson. Assistant Planner Kuenzel presented the staff report. She said that the storage shed is currently in existence. She explained that the applicant said that he was not informed by his contractor that a permit was needed. Kuenzel said that the building is moveable but, there is a tree in the way. She pointed out the lot location, zoning, and surrounding land use. She showed slides of the accessory structure in its present location? between the garage and the fence. She stated that the yard presents several alternative locations. She said that one other, side setback variance had been requested in this Subdivision. It was denied because of a lack of special conditions of the lot. She said that Staff had received 3 inquiries from surrounding properties owners but no statements in opposition except the complaint which brought this situation to the City's attention. Mr. Henry asked Ms. Kuenzel to identify on the site plan which tree would have to be removed. Ms. Yarbrough asked if the building sets on a slab. Kuenzel said that it does not and is therefore considered moveable. Mr. Atkinson said that he would gladly answer any questions by the Board. Chairman Henry offered the opportunity for visitors to address the Board. Steve Lyons of 8717 Bent Tree came forward. He said that he was tired of looking at the shed from his living room. He said that he had asked the Atkinsons to move it. He remarked that the shed is not only unsightly, it violates their deed restrictions. Lyons • said that he had offered to let the Atkmsons take his fence down to relocate the shed • then put the fence back. He reiterated that he wanted it removed from its present location. Mr. Martinez of 1709 Greenwood Drive came forward. He said that he represented the Board of Directors for the Emerald Forest Homeowner's Association. He said that currently, Emerald Forest is addressing the problem of these temporary portable buildings. He stated that a survey revealed the fear of many homeowners, that property values will be diminished by these structures. He urged the ZBA not to grant this variance request. Craig Blakely of 8722 Bent Tree came forward. He said that he is a "volunteered" spokesman for a group of neighbors who are concerned about the shed. He said that he would be in favor of some sort of compromise, such as its relocation. Mr. Atkinson of 8715 Bent Tree came forward to speak on his own behalf. He said that additional money was spent to make certain that the storage building matched the house exterior. He said that his wife spoke to Mr. Swoboda, who indicated that this type of structure was permitted in the subdivision. He hoped that the Board would allow him to save the tree which he believed was the very idea behind Emerald Forest. Mr. Lane asked what utility service was provided to the shed. Mr. Atkinson informed the Board that electrical lighting was provided to the building. Chairman Henry said that while the Board appreciated Mr. Martinez's testimony, they are mainly concerned with the setback requirement. The issue of portable buildings violating deed restrictions, he believed, should be left up to the Homeowners Association. Janet August of 8730 Bent Tree came forward. She believed that a variance might set • some sort of precedent. Chairman Henry pointed out that a granted variance does not set any sort of precedent for the area because each case is scrutinized on its own merit. Mr. Lyons told the Board that the request is before them because of a complaint that was issued. He believed that the Board's action would have a significant impact on the neighborhood. Mr. Henry asked if the shed could be moved without destroying the tree. Mr. Atkinson said that it would have to be disassembled. Mr. Lane said that as a member of the Board, he wanted to deal solely with the setback problem. He said that there are so many accessory structures existing in Emerald Forest, he would not like for the Board to try to address the issue of the deed restrictions. Lane made a motion "to deny a variance to the minimum side setback from the terms of this ordinance as it will be contrary to the public interest due to the lack of any special conditions, and because a strict enforcement of the provisions of the ordinance would not result in unnecessary hardship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done." Mr. Cronan seconded the motion which carried unanimously (4-0). He also asked how long the structure will be allowed to remain in its present location before it must be moved. Senior Planner Kee said that a motion by the Board would be a more formalized • deadline. Otherwise, Staff will work with the applicant to establish a date for compliance. ZBA Minutes 9-18-90 page 2 • Ann Lyons of 8717 Bent Tree came forward. She said that she would like the Board to impose a strict deadline because her house is for sale and she believes that the shed is a deterrent to potential buyers. Mr. Henry said that he believed that the deadline should not exceed 60 days. Mr. Lane clarified that his motion was to simply require the removal of the structure from the setback, not complete removal from the yard. Ms. Kee understood the motion to address compliance with the terms of the Zoning Ordinance. Mr. Lyons said that the building needs to moved approximately 4.5' to be in conformance. Mr. Henry asked Staff for guidance as to a reasonable deadline date. Ms. Kee suggested November 1, 1990. Mr. Lane made a motion to require the relocation of the accessory structure by November 1, 1990. Ms. Yarbrough seconded the motion which carved unanimously (4- 0). AGENDA ITEM N0.4: Other Business. Planning Technician Rosier announced that a meeting will be held on October 2, 1990. AGENDA ITEM NO. S: Adjourn Ms. Yarbrough made a motion to adjourn. Mr. Lane seconded the motion and the meeting was adjourned. APPROVED: airman, rett enry ATTEST: City Secretary, Connie Hooks • ZBA Minutes 9-18-90 page 3 ZONING BOARD OF ADJUSTMENT . FORMAT FOR liiB<iATIYB MOTIONS Variances: Froa Section 15 Ordinance 1638 1 move to deny a variance to the _______yard (Section 8.7) _______lot width (Table A) _______lot depth (Table A) ainisu~ setback _______parking requireaents (Section 9) frog the terns of this ordinance as it will be contrary to the public interest due to the lack o.f any special conditions, sad because a strict enforceaent of the provisions of the ordinance-would not result in unnecessary hardship to this applicant, and such that the spirit of this ordinance shall be observed and substantial justice done. Motion made by -V~.~~ -~~~ ------------------------- Seconded by -_-`'~ _ V't6!~~titti~ _______________________ Voting results: _~/V1~~1~~:_'sr~./___ ~~ a Chair signature __~~~~~~[,;,' ~ Date _ • ZONING BARD OF ADJUSTMENT GUEST REGISTER • DATE S tember 18 1990 , ep NAME 1 ADDRESS . 2. 3. 4. 5. 6. 7. 8. 9. 10. • 11. 1 2. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23• • 24. 25.